Issue - meetings

To consider a retrospective application for the change of use of FIRA Building from research and development (Class E(g)) to storage (Class B8) and surface car park (sui generis) to storage (Class B8). Erection of 2.4m high fence around the perimeter of the surface car park.

It was RESOLVED that application 23/00313/FP be granted planning permission subject to the draft conditions set out below (the detail of which has been delegated to the Assistant Director of Planning and Regulation in liaison with the Council’s appointed solicitor):

1          The development hereby permitted shall be carried out in accordance with the following approved plans:

J0008735-23-01 (Site Location Plan); J0008735-23-01 (Security Fence Location Plan);

2         No external lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

3         The use hereby permitted shall be carried out in accordance with the Delivery and Service Management Plan dated 5 January 2024 unless otherwise agreed in writing by the local planning authority.

4         Only LGVs or service vehicles no larger than 12m as identified on the approved swept path track drawing ref. 8230496/6205 shall enter the surface car park for the lifetime of the development.

5         The recommended measures for the management of commercial waste, retained packaging and litter, including storage and collection as set out within the Operational Management Plan dated March 2024 shall be implemented and permanently maintained in accordance with the approved details.

6         No servicing or deliveries shall be taken at or despatched from the site outside the hours of 09.30 and 17.00 Monday to Friday, nor at any time on Saturday and Sunday, Bank or Public Holidays.

7         There shall be no use of forklift trucks outside the hours of 09.30 and 17.00 Monday to Friday, nor at any time on Saturday and Sunday, Bank or Public Holidays.

8         Within 3 months of the date of this permission, any vehicles operating on the site shall be fitted with broadband (white noise) reversing alarms.

9         Within 3 months of the date of this permission, details of the fencing enclosing the surface carpark shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be erected within 3 months of the date of the condition discharge notice.

The Team Leader (AD) introduced the application.

The Committee heard that the site in question had been used for the storage and distribution of drainage products since August 2022. In April 2023, a retrospective planning application was submitted for a change of use to allow storage and distribution, alongside the enclosure of a car park with a 2.4-metre-high weld mesh fence. This application was granted in February 2024 but was quashed in October 2024 following a legal challenge from the owners of Broomin Green Farm, a Grade II listed property adjacent to the site. The challenge was based on the fact that the Council did not consider imposing conditions to control the hours of use. As a result, the application was now back before the Planning and Development Committee for a decision.

The Team Leader (AD) provided an overview of the site and identified the following locations within the site:

Location 1 - FIRA Building

Location 2 - Office Building

Location 3 - Former Vets Building

Location 4 - Former Vet / FIRA Car Park

Location 5 - Broomin Green Farm

The Committee heard that the site was bordered by Maxwell Road, a cul-de-sac with a public footpath running along its eastern side, and neighbouring properties, including Mozart Court (retirement flats) and Philbeck House (private dwelling).

The Chair invited the Objector’s representative, Emilio Miranda-Graham (Goodenough Ring Solicitors) to address the Committee.

The Objector’s advised the Committee that his presentation supplemented their written objections dated 2 December 2024. Their concerns focused on the adverse impacts of the proposed development on their residential amenity, including noise, safety, and visual impact.

The Objector highlighted the proximity of HGV movements and forklift operations to their home, particularly the kitchen, which served as their main living space. Noise was generated by engines, loading and unloading of goods, and reversing sounders from forklifts. An expert noise report commissioned by the Objector concluded that the proposal would result in a "significant adverse impact."

The Committee heard that the Council and the applicant had not conducted their own noise assessments. It was suggested that noise during operating hours (8 am to 6 pm) could be adequately controlled by planning conditions, and no such conditions had been proposed.

The Objector commented that the proposed use was incompatible with nearby residential properties and that the previous use of the site for research and development (Class E) was more appropriate.

The Committee heard that the operator, Sky Plastics, had not adhered to conditions requiring an operational management plan. Persistent plastic waste had been observed on-site and in surrounding areas, including nearby trees and footpaths. Waste observed on 1 November 2024 remained in place for over 27 days.

The Objector described the open storage car park at Location 4 as untidy and an "eyesore" for nearby residents, including those at Mozart Court, particularly now that trees had shed their leaves.

The Committee heard that forklifts had been reported to operate unsafely on Maxwell Road, a public highway. Issues included overloaded forklifts lacking  ...  view the full minutes text for item 3