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15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

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Page 1: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use
Page 2: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

15/P/01021 Lovelace Works, High Street, Ripley 1914

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Page 3: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

App No: 15/P/01021 Type: F 8 Wk Deadline: 16/10/2015 Appn Type: Full Application Case Officer: Michael Parker Parish: Ripley Ward: Lovelace Agent : Mrs MacCoughlan

WYG (Guildford office) Wharf House Wharf Road Guildford Surrey GU1 4RP

Applicant: Mr Butcher; & Gibbs Classic Car Restoration & Servicing Ltd/ J Gibbs Ltd Unit 2-3 Bramley Hedge Farm Redhill Road Cobham, Surrey KT11 1EQ

Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use (general

industrial/warehousing) to solely B2 use (general industrial) for classic car servicing and restoration together with installation of minor roof plant.

Officer's Report - Updated

Reason for deferral

This application was deferred from the Planning Committee meeting held on 23 September 2015, to allow Members to undertake a site visit. The site visit took place on 1 October 2015.

Following concerns raised at the previous Planning Committee the applicant has agreed to the addition of a condition restricting the use of the building solely to classic car servicing and restoration.

The following additional condition is therefore recommended:

12. The premises shall be used for the restoration and servicing/repair of classic cars and forno other purpose or use. This includes any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) or any material change of use permitted under the Town and Country Planning (General Permitted Development)(England) Order 2015, (or any Order revoking or re-enacting or amending those Orders with or without modification).

Reason: In granting this permission the Local Planning Authority has had regard to the special circumstances of this case, where the proposed use is considered to less intensive than a general B2 use, and wishes to have the opportunity of exercising control over any subsequent alternative use in order to protect neighbouring amenity.

Page 4: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

Officer note: The applicant did invite the Planning Committee Members to visit their existing site in Cobham in order to view first hand their business in operation. This offer was considered by the Planning Committee Chairman and the Planning Development Manager. It was not felt that such a visit was necessary in this case. The original agenda report is set out in Appendix 1 below. Appendix 1 This application has been referred to the Planning Committee because more than 10 letters of objection have been received, contrary to the officer's recommendation.

Site description.

The site lies within the Green Belt, inside the identified settlement boundary of Ripley and also within the Ripley Conservation Area and an Area of High Archaeological Potential. Ripley High Street is characterised by a mixture of commercial and residential properties, comprising a variety of designs and styles. Some of the properties are listed. There are designated on-street parking bays along High Street and a number of street trees softening the built form of the locality. The application site is located on the north western side of the High Street and comprises an elongated site with a long rectangular building positioned at the south western side of the site and consisting of a number of elements, in terms of design. The front section of the building is occupied by Budgens. Access to both Budgens and the rear of the site is accessed off the High Street. An additional access to the north east corner of the site proposes the 'out' access from the site. St Mary's Church lies directly opposite the entrance to the application site, with the site itself surrounded by residential development. The Georgian House, High Street, abutting the south west of the site is Grade II listed, as is the Manor Cottage, High Street, to the north east, and St Mary's Church, Rio House, the Cedar House Gallery and The Anchor Public House all opposite the site. The proposal seeks to utilise the existing building on site. Proposal. Change of use of the premises from mixed B2/B8 use (general industrial/warehousing) to solely B2 use (general industrial) for classic car servicing and restoration together with installation of minor roof plant. The following documents have been submitted:

A noise impact assessment

Air quality assessment

Planning Statement

Satellite location noise levels

Sound test

Unit 3 External noise levels

Page 5: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

[Officer note: amended plans have been received showing the following minor amendments: a) Internal insulation to walls and roof – 13mm boarding with rockwool lining meeting Building Regs Part E and L b) High level lighting proposals no longer to be activated by PIR sensor but to be manually operated only when required] Relevant planning history. 14/P/00303 Change of use of part of The Lovelace

Works Building to children's soft play centre.

Approve 08/05/2014

N/A

13/P/00180 Change of use from ancillary Use Class

B8 (warehouse office) to Use Class A1 (food retail store) with associated parking together with erection of close boarded fence and rise and fall barrier to Lovelace Works at the rear and replacement metal railing fence fronting High Street. (Amended by plans received on 17/06/13 and 11/07/13 and Environmental Noise Assessment received on 16/07/13).

Approve 14/08/2013

76/P/01265 The erection of new buildings of 6910 sq

ft (662 sq. m) for agricultural machinery repair storage following demolition of part of existing buildings

Approved

Consultations. County Highway Authority: no objection, subject to recommended condition. The proposed change of use will not result in a significant increase in vehicular traffic to the existing site. Requested condition: "The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans (HA/1701/06) for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes." Ripley Parish Council: supports the application. Request that hours are restricted to Monday-Friday as per the planning application but no weekend hours due to the presence of residential homes in the vicinity. Head of Environmental Health and Licensing: no objection, subject to compliance with the submitted information. Third party comments: 11 letters of representation have been received raising the following objections and concerns:

exact description of processes being executed not fully disclosed. (Case officer note: Description of the development is sufficient for the determination of the application)

Increase in noise and disturbance (Case officer note: a noise management plan has been submitted)

request condition to keep doors closed.

Page 6: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

not compatible with high general public activity

request restrictions on hours of operation

effect on existing traffic levels

impact of security lighting/request to reduce lighting levels

potential storage of hazardous waste

air pollution form odours and potential toxic emissions

out of character

detrimental impact on residential environment

in/out access as shown on plan needs to be conditioned.

site is located within a Conservation Area. (Case officer note: conservation officer hasasessed the development proposal)

access substandard - conflict with pedestrians, no dedicated footpath. (Case officernote: Surrey County Highways raise no objection to the proposal, subject to a conditionregarding parking and to ensure that vehicles are able to leave the site in forward gear)

contrary to saved policy E2

although historically an industrial site, now surrounded by two new residential areas

1 letter has been received neither supporting or objecting, requesting the following:

condition to limit site working hours to 07:30-18:00.

condition that exhaust ventilation will be filtered to prevent paint spraying fumes escapinglimit on noise levels

Planning policies.

National documents:

National Planning Policy Framework (NPPF) Core planning principles Chapter 3. Supporting a prosperous rural economy Chapter 7. Requiring good design Chapter 9. Protecting Green Belt land Chapter 12. Conserving and enhancing the historic environment

National Planning Policy Guidance (NPPG)

Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): G1 General Standards of Development G5 Design Code E3 Safeguarding existing & Alloc. Business HE4 New development which affects the setting of a listed building HE7 New Development in Conservation Areas HE9 Demolition in Conservation Areas RE3 Identified Settlements in the Green Belt

Supplementary planning documents: Vehicle Parking Standards SPD 2006

Page 7: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

Planning considerations. The main planning considerations in this case are:

principle of development

impact on the scale and character of the existing building

heritage considerations

impact on neighbouring amenity

highway/parking considerations Principle of development As the application site currently has a mixed B2 and B8 use planning permission will be required to change the use of the site to B2. The site is located with the defined settlement area of Ripley washed over by the Green Belt. Paragraph 28 of the NPPF states that 'planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. To promote a strong rural economy, local and neighbourhood plans should support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through the conversion of existing buildings and well designed new buildings and...support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside.' Saved local plan policy E2 states that the changes of use of an existing business, industrial and warehousing to other business, industrial and warehousing uses would be acceptable in the identified settlement areas of the Green Belt. This is provided that any development is suitably located in terms of its impact on the environment, levels of traffic movement, its accessibility to public transport and its links with infrastructure and its impact on the amenity of the area or adjoining occupiers. The principle of the change of use of the building is therefore acceptable, subject to complying with the relevant criteria of policy E2 and other relevant local and national policies regarding design, impact on the character of the area, neighbouring amenity and highway considerations. Impact on scale and character of the existing building The proposal would not include any extensions to the existing building or significant alterations to the external appearance of the existing building. The proposal would include the replacement of the existing fence with a new 2m high close boarded fence around the site, removal of the weed growth in the car park, replace the exterior cladding around the building with like for like cladding and provision of waste storage buildings, in the same location as the existing single storey office building. The existing building is in a poor state and therefore it is considered that the proposed alterations would improve the appearance of the existing building and the appearance of the site. It is therefore considered that the proposal would not have an adverse impact on the appearance of the existing building or the character of the surrounding area.

Page 8: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

Heritage considerations Statutory provisions: Section 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990 states that ‘In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.’ Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 states that ‘In the exercise, with respect to any buildings or other land in a conservation area, of any functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area. NPPF provisions: It is one of the core principles of the NPPF that heritage assets should be conserved in a manner appropriate to their significance. Chapter 12 of the National Planning Policy Framework at para 129 sets out that the local planning authority should identify and assess the particular significance of any heritage asset…They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal. Paras 131-135 sets out the framework for decision making in planning applications relating to heritage assets and this application takes account of the relevant considerations in these paragraphs. The application site is located within the Ripley Conservation Area. The site has the following Grade II Listed Buildings in close proximity: Georgian House, High Street; Manor Cottage, High Street; St Mary's Church, Rio House; the Cedar House Gallery; and The Anchor Public House. The proposal would result in only very minor alterations to the appearance of the existing building as well as a general clean up of the existing site and boundary treatments, which will improve the appearance of the site. Given the minor changes to the site it is considered that the application would preserve the character and appearance of the Conservation Area and would not adversely affect the setting of the nearby listed buildings in accordance with policies HE4, HE7 and HE9. The Council's Conservation Officer has assessed the application and is satisfied that the application is acceptable on heritage grounds concluding that overall, this existing building could be used satisfactorily, without detriment to its surroundings with good management. As such the application would result in no material harm to the designated heritage assets which have been identified and having due regard to Section(s) 66 and 72 of the Planning (Listed Building and Conservation Area) Act 1990 no objection is raised to the application on heritage grounds. Impact on neighbouring amenity The application site is flanked by residential dwellings to the south-west, west and north. The front, south-eastern end of the building forms part of an originally larger unit now occupied by Budgens.

Page 9: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

The proposal would not result in any significant modifications or enlargement of the existing building and therefore the proposal would not result in a material harm to the occupants of the neighbouring dwellings in terms of loss of light, loss of privacy and overbearing impact.

Normally concern would be raised regarding a B2 use in a location which is so close to residential properties. However the information submitted indicates that the use would be less intensive than you might expect from normal car assembly and restoration activities. The operating hours would be between 8:30 and 17:00 on weekdays and 8:30 and 12:30 on Saturdays. These hours are considered to be reasonable working hours which would not result in harm to neighbouring amenity. It should also be noted that the hours of opening are far less than the extant permission for the soft play under application 14/P/00303, where the opening hours were between 09:30 and 18:30 Mondays to Saturdays (inclusive) and between the hours of 10:00 and 17:00 on Sundays or Bank or National Holidays. The existing lawful use is also material to this assessment, a mixed B2/B8 usage would give rise to significant levels of disturbance and it is unlikely that a sole B2 use would be materially greater than this.

The applicant has submitted an air quality assessment, a noise assessment and a noise management plan. Environmental Health Officers have assessed the submitted information and are satisfied that the proposal would not have an adverse impact on neighbouring amenity in terms of noise production. Furthermore it must be noted that issues such as noise nuisance and fumes can be controlled by Environmental Health legislation. Conditions are recommended to ensure that the proposal is carried out in accordance the submitted reports.

The external lighting proposed is considered to be satisfactory and would not adversely affect neighbouring amenity.

The proposal is therefore considered to be satisfactory with regard to neighbouring amenity.

Highway/parking consideration

The proposal would provide 20 car parking spaces for a use which will have approximately 14 employees on site and 3-4 deliveries per day. There would therefore be sufficient parking within the site for staff and deliveries.

In terms of highway safety and capacity the applicant states that the level of traffic generated by such a scheme would be relatively small with 14 employees and 3-4 delivery vans per day and up to 5 customer drop offs and collections per week.. The currently extant permission on this site is for a soft play company, which would generate a lot of car movements during the day. It should also be noted that the access and exit to the site is the same as the already approved application for soft play (14/P/00303).

The County Highway Authority has assessed the proposal in terms of the proposed access and exit point and traffic generation and has concluded that the proposal would be acceptable in this regard.

Conclusion.

The proposal is considered to improve the character and appearance of the existing building and site, would not cause material harm to the designated heritage assets, have a detrimental impact on neighbouring amenity or be unacceptable in terms of parking and highway safety/capacity. The application is therefore recommended for approval.

Page 10: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

RECOMMENDATION: Approve subject to the following condition(s) and reason(s) :-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: HA/1701/01/1b, HA/1701/02/1b, HA/1701/03/1b, HA/1701/04/1b, HA/1701/05/1b, HA/1701/06/1b received on 11/08/2015. Reason: To ensure that the development is carried out in accordance with the approved plans and in the interests of proper planning.

3. No development shall take place site until details of the recycling shed, oil recycling tank, wheelie bins store and bead-blasting shed have beens submitted to and approved in writing by the local planning authority. These facilities shall be fully implemented and made available for user prior to the occupation of the development hereby permitted and shall thereafter be retained for such use at all times. Reason: To ensure that satisfactory waste disposal facilities are provided. It is considered that this information is necessary prior to development commencing as this goes to the heart of the permission.

4. The development hereby approved shall not be first occupied unless and until space has been laid out within the site in accordance with the approved plans (HA/1701/06/Rev 1b) for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes. Reason: In the interests of highway safety..

5. No use shall take place until the exhaust extract system and in-line silencer and wall insulation as outlined in the submitted Air Quality Assessment Report and Noise Report and as shown on the approved plans HA/1701/01/1b and 02/1b are installed on the building. These proposals shall thereafter be retained for the duration of the use. Reason: To protect the amenities of the occupiers of residential accommodation in the vicinity.

6. No deliveries shall be taken at or dispatched from the site except between the hours of 8:30 and 17:00 Mondays to Fridays, nor at any time on Saturdays, Sundays, Bank or Public Holidays. Reason: To safeguard the residential amenities of neighbouring properties.

Page 11: 15/P/01021 Lovelace Works, High Street, Ripley 1914 · Location: Lovelace Works, High Street, Ripley, Woking, GU23 6AF Proposal: Change of use of the premises from mixed B2/B8 use

7. The use hereby permitted shall not operate other than between the hours of 8:30 to 17:00 Mondays to Fridays and 8:30 to 12:30 on Saturdays and shall not operate at all on Sundays or Bank or National Holidays.

Reason: To safeguard the residential amenities of neighbouring properties.

8. No external lighting, other than those shown on the approved plans, shall be installed on the site or affixed to any buildings on the site unless the local planning authority has first approved in writing details of the position, height, design, measures to control light spillage and intensity of illumination. Only the approved details shall be installed.

Reason: In the interests of visual and residential amenity.

9. The use hereby approved shall be carried out in accordance with the submitted Noise Management Plan dated 30 July 2015.

Reason: To protect the occupants of nearby residential properties from noise disturbance.

10. All activities shall be carried out within the building. All doors and windows to thebuilding shall be kept closed except to allow for access during operating hours.

Reason: To safeguard adjoining premises and the area generally from noise anddisturbance.

11. Prior to commencement of the use hereby permitted PVC strip curtains, with adouble overlap, shall be hung behind the roller shutter doors and be retainedthere in perpetuity.

Reason: To safeguard adjoining premises and the area generally from noise anddisturbance.

Informatives: 1. If you need any advice regarding Building Regulations please do not hesitate to

contact Guildford Borough Council Building Control on 01483 444545 or [email protected]

2. In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, Guildford Borough Council takes a positive and proactive approach to development proposals focused on looking for solutions. We work with applicants in a positive and proactive manner by:

offering a pre-application advice service

updating applicants/agents of any issues that may arise in the processing oftheir application and where possible suggesting solutions

In this instance the applicant entered into pre application discussion and further changes were sought throughout the application process in order to make it acceptable.