Agenda item

23/00313/FP - LAND AT MAXWELL ROAD

Meeting of Planning and Development Committee, Tuesday, 3 December 2024 6.30pm (Item 3.)

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.

Decision:

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.

Minutes:

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 licence plates, blocking the road, and incidents of goods falling into the roadway. Specific mention was made of a near-collision between a reversing forklift and a car.

The Objector concluded that the proposed development created conflicts between industrial and residential uses, which planning policy should avoid, and urged the Committee to refuse the application.

The Chair invited Councillor Lorraine Rossati to address the Committee.

Councillor Rossati, a Symonds Green Ward Councillor, spoke in opposition to the application, as a community advocate for the residents of Symonds Green, raising concerns about the impact of the proposed development on residential and environmental amenity.

Councillor Rossati commented that the site was zoned for research and development and clean, quiet industries. The proximity of the site to Broomin Green Farm, a Grade II listed building, was highlighted, with comment on past planning decisions that allowed industrial activity to surround the property.

The Committee heard that current operations were significantly affecting the quality of life for residents at the farmhouse, Maxwell Road, and Mozart Court.

Councillor Rossati advised the Committee that personal visits to the area revealed the persistent sound of forklift trucks reversing, which disrupted residents' ability to enjoy their gardens and was audible inside the listed farmhouse. They emphasised the negative impact this noise had on the mental and physical health of residents.

The site, particularly the former veterinary car park at Location 4, was described as untidy and an "eyesore" visible from Fairland's Way. Photos taken during visits confirmed the presence of significant waste, contributing to the visual harm.

Councillor Rossati referenced sections 7.2.3 and 7.3.1 of the officer's report and suggested that the proposal failed to align with the principles of high-quality design and modern environmental standards. They suggested the site would be better suited for STEM-related research and development activities that comply with environmental expectations and better support the community.

While acknowledging the applicant’s need to operate a business, Councillor Rossati concluded by contending that Maxwell Road was an inappropriate location for this type of activity.

The Chair invited the Applicant, Mr Kramer, to address the Committee.

The Applicant presented their case in support of the planning application, emphasising their efforts to comply with regulations, address community concerns, and operate responsibly.

The Committee heard that Sky Plastics was a family-run business that had been operating in the Maxwell Road area for approximately two years, servicing customers locally and across the UK. Upon learning that planning permission was required, the applicant submitted an application to ensure compliance with Council regulations.

The Applicant informed the Committee that they had diligently addressed issues raised and continued to operate in accordance with local guidelines. An operational management plan had been implemented, with all staff briefed on its requirements. The Committee heard that the business maintained a deliveries and collections log to monitor incoming and outgoing materials and a cleaning log to ensure the site was kept clean and professional.

The Applicant advised the Committee that steps had been taken to mitigate concerns raised by neighbours, including relocating tall items within the car park to improve views and modifying delivery procedures. The Applicant highlighted their commitment to being a considerate neighbour.

The Committee heard that, despite their efforts, the business had faced hostility from neighbours, including allegations of harassment, trespassing, threats, and public disorder, all of which had been reported to the police. The negative environment had affected staff, with several employees leaving due to ongoing issues.

The Applicant emphasised the business's positive contributions to Stevenage, including providing essential products, creating local jobs, and supporting the community.

The Applicant expressed the importance of the planning permission for the continued operation of the business at Maxwell Road. They assured the Committee of their commitment to operating responsibly, maintaining open communication with the Council, neighbours, and law enforcement, and being good neighbours.

The applicant concluded by seeking approval to continue their business operations in a way that is efficient, cooperative, and respectful of all stakeholders.

The Chair thanked the speakers for their contributions and invited the Team Leader (AD) to present their report.

The Team Leader (AD) provided a detailed review of the issues surrounding the retrospective planning application, supported by photographic evidence, a response to late submissions by objectors, and an explanation of proposed planning conditions.

Photos displayed included:

· Storage of products in the rear yard of the former FIRA building.

· HGV deliveries being unloaded via forklift trucks at the former FIRA building access.

· Eastern surface car park used for storage of products, enclosed by a weld mesh fence.

· View of the site from Fairland’s Way, showing its visibility from surrounding areas.

The Team Leader (AD) acknowledged the behaviour of the parties involved, including alleged hostility, but reminded the Committee that this was not a material planning consideration.

The Committee heard that forklift taxation, insurance, and registration plates were matters for the DVLA and not planning. The Team Leader (AD) advised the Committee that a Stage One Road Safety Audit and consultation with the Highway Authority raised no safety concerns regarding delivery and servicing arrangements and that forklift use on an adopted highway was permissible under law.

The Committee were informed that a Delivery and Servicing Management Plan had been agreed with the Highway Authority, subject to planning conditions, providing enforceable measures to manage operations. In addition, a proposed Operational Management Plan would regulate waste, litter, and spare packaging, improving the current unrestricted use.

Following a noise impact assessment, a site visit to Broomin Green Farm, and discussions with Environmental Health, it was determined that forklifts should be fitted with white noise reversing alarms to mitigate noise impact. This condition had been agreed by the applicant.

The Committee heard that proposed conditions limited the use of forklifts and HGV deliveries to 8am–6pm on weekdays, with no activity on weekends or public holidays.

The visibility of stored materials from neighbouring properties, including Mozart Court, was noted but deemed insufficient grounds for refusal. The site was designated as an employment area under the Local Plan, where such use is acceptable.

The Committee were advised that the impact on the Grade II listed Broomin Green Farm was assessed in detail. It was concluded that the proposal would not adversely affect the setting of the listed building due to its obscured views and the surrounding vegetation.

The Committee heard that the site was secured with a compound, CCTV surveillance, and regular security patrols.

The Team Leader (AD) summarised proposed planning conditions:

· Restrictions on new external lighting.

· Compliance with the Delivery and Servicing Management Plan.

· Restrictions on vehicle sizes (e.g., no vehicles exceeding 12 metres in length).

· Compliance with the Operational Management Plan for waste and litter control.

· Operating hours restricted to weekdays (8am–6pm).

· Mandatory use of white noise reversing alarms for forklifts.

The Team Leader (AD) concluded that the proposed conditions, would mitigate the impacts of the site’s use on residential neighbours and represent an improvement on the current unrestricted use.

The Committee was asked to weigh the suggested conditions against the evidence presented by third parties to decide whether these measures would adequately mitigate the identified impacts.

The Chair thanked the Team Leader (AD) for their report and invited Members to ask questions.

Members commented on Heavy Goods Vehicles (HGVs) and forklift activities, raising issues about noise, traffic, and proximity to residential areas. Adjustments to operational hours were proposed (9:30 am to 5:00 pm for deliveries, forklift use, and other activities). The amendment to the pre agreed Condition 7 was agreed by the Applicant.

Screening measures were discussed to visually mitigate the impact, though it was noted that noise reduction from screening would be minimal.

Responding to a question regarding the current legal status of the site, the Head of Planning and Enforcement clarified that the current operations did not have planning permission. The site’s lawful use remained as research and development (Class E), pending the committee’s decision on the retrospective application for storage and distribution (Class B8). The Committee were advised that approval would permanently reclassify the site to Class B8 (storage and distribution), allowing similar operators to use it in the future without additional permissions unless a further change of use was proposed.

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