PLANNING STATEMENT J T Leavesley Group Leavesley Container

Transcription

PLANNING STATEMENT
J T Leavesley Group
Leavesley Container Services Ltd
(Former Wellington Road Service Station),
Wellington Road, Dudley DY1 1RB
Planning Statement
1.0
INTRODUCTION
1.1
This Planning Statement has been prepared to accompany a planning
application submitted to Dudley MBC on behalf of J T Leavesley Group. The
application seeks consent for retention of use of the application site for open
storage (45 no. self-storage houses) within Use Class B8 – Storage and
Distribution.
The Application Site
1.2
The application site is located approximately 1 km to the south west of
Dudley Town Centre. The site has a frontage to Wellington Road (B4177) of
some 46 metres. The site is located some 100 metres to the north of the
junction of Wellington Road with the A4101 Stourbridge Road.
1.3
The application site comprises some 0.182 hectares. The application site is
located within an area of mixed character. There are a variety of uses in
the vicinity of the application site, including shops, a scrap yard, a Social
Services Day Centre, a club and a public house.
There are various
residential developments to the north of the site on Wellington Road and to
the north east on Westley Street.
1.4
Along the site frontage to Wellington Road, there is a narrow railing some
2.4 metres in height that has been erected on top of a brick dwarf wall and
between brick pillars. The site has a 2.4 x 59 metre visibility splay.
Planning History
1.5
Planning permission (reference P08/0678) was granted, following an appeal
to the Secretary of State (see Appendix 1) in April 2009 for the use of the
site as a storage housing facility to accommodate 33
storage houses (on
the western half of the site) with a new café cabin on the eastern half of the
site.
Planning permission was subsequently granted in August 2013
(reference P13/0786 – Appendix 2) for the use of the eastern half of the site
(previously occupied by the café granted on Appeal) for open storage (B8)
J T Leavesley Group Ltd
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Planning Statement
with boundary walls/fencing and provision of lighting above for storage
containers. Both the 2009 and 2013 consents lapsed in April 2014.
Application Proposals
1.6
On the basis that the planning provisions for the use of the site for open
storage (45 no. self-storage houses) lapsed in 2014, this planning
application seeks to retain the use of the site for open storage (45 no. selfstorage houses) within Use Class B8 – Storage and Distribution.
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Planning Statement
2.0
PLANNING POLICY
National Planning Policy Framework
2.1
In the National Planning Policy Framework (the Framework) the Government
states (paragraph 18) its commitment to securing economic growth in order
to create jobs and prosperity. The Framework goes on to state (paragraph
19) that significant weight should be placed on the need to support
economic growth through the planning system.
The Framework advises
that Planning Authorities should support existing business sectors and have
policies flexible enough to accommodate needs not anticipated in the Plan.
2.2
At the heart (paragraph 14) of the Framework is a presumption in favour of
sustainable development which should be seen as a golden thread running
through both plan making and decision taking.
The Framework sees
(paragraph 7) sustainable development having three dimensions namely
economic, social and environmental.
2.3
The Framework reports (paragraph 18) the Government’s commitment to
securing economic growth in order to create jobs and prosperity.
The
Framework goes on to state (paragraph 19) that the Government is
“committed to ensuring the planning system does everything it can
to support sustainable economic growth.”
In this context, the
Framework states that planning should operate “to encourage and not
act as an impediment to sustainable growth.”
Therefore the
Framework states (paragraph 19) “significant weight should be placed
on the need to support economic growth through the planning
system.”
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Planning Statement
The Development Plan
2.4
The Development Plan includes the Black Country Core Strategy (2011),
together with those Policies saved in the Dudley Unitary Development Plan
(2005). The following Policies are considered relevant to the determination
of this application:Black Country Core Strategy (2011)

ENV3 – Design Quality
Saved Dudley Unitary Development Plan (2005)

DD1 – Urban Design

EP7 – Noise Pollution
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Planning Statement
3.0
PLANNING CONSIDERATIONS
Principle of Development
3.1
The principle of the use of the application site for open storage of storage
houses within Use Class B8 Storage and Distribution was first established in
April
2009
through
the grant
of planning permission
(P08/0678
–
Appendix 1) following an Appeal to the Secretary of State. The principle of
using the entire site for these purposes was established through the grant of
planning permission (reference P13/0786 – Appendix 2) in August 2013.
This application simply seeks to retain the use of the site for open storage
(45 no. self-storage houses) within Use Class B8. Having regard to the fact
that the site is located within an area of mixed use, it is submitted that the
continued use of the application site for open storage within Use Class B8 is
acceptable.
Character and Appearance
3.2
Along the site frontage to Wellington Road, railings some 1.8 metres in
height have been erected on top of a 0.6 metre dwarf wall and between
brick piers; the existing boundary treatment has an overall height of
2.4 metres. This boundary treatment was regarded in the Planning Officer’s
report to application P13/0786 (Appendix 3) to be a “....... visual
improvement upon the existing boundary treatment enclosing the
site and would largely screen the proposed containers from view
from Wellington Road.” The existing boundary treatment is proposed to
be retained; as a consequence, it is not considered that the retention of the
use of the site for open storage (45 no. self-storage containers) would be
particularly prominent and would be well screened from Wellington Road,
such that the retention of the use would not have an adverse impact upon
the mixed use character of the surrounding area.
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Planning Statement
Living Conditions
3.3
The application site has been used for open storage within Use Class B8
since 2010.
As the Planning Officer’s report in relation to application
P13/0786 (Appendix 3) confirms “There have not been any complaints
against the existing facility and, as there are no residential
properties in the immediate vicinity, there is no reason to suspect
the proposed development will have a negative impact on amenity
in terms of noise thereby being in accordance with saved Policy EP7
of the Adopted Dudley Unitary Development Plan.”
It is respectfully
submitted that the use of the entire site for open storage (45 no.
self-storage houses) within Use Class B8 has not given rise to any harm to
the living conditions of any nearby residential property.
Access
3.4
The existing use of the site has a single vehicular access to Wellington
Road. No changes are proposed to the existing access, parking or turning
facilities.
There is adequate space within the application site for the safe
manoeuvring of vehicles such that vehicles entering the site can turn and
leave the site in a forward gear.
Consequently, the continued use of the
site for open storage (45 no. self-storage houses) within Use Class B8 would
not raise any concerns regarding highway safety.
Conclusion
3.5
The use of the application site for open storage (45 no. self-storage houses)
within Use Class B8, was established through the grant of planning
permission in April 2009 (P08/0678 – Appendix 1) following an Appeal to
the Secretary of State.
The use of the site is screened by the existing
railings along the site frontage. As a consequence, the use of the site for
open storage does not give rise to any harm to the mixed use character of
the surrounding area.
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Planning Statement
3.6
The use of the site for open storage has now subsisted for some 5 years.
There is no evidence to suggest that the use of the site for such purposes is
giving rise to demonstrable harm being caused to the living conditions of
any nearby residential property by reason of noise, disturbance or any other
adverse effect. Furthermore, the site has a safe means of access and there
is no evidence of the use causing harm to highway safety.
In these
circumstances, the proposed development is considered to be an entirely
appropriate form of development within this area of mixed land use.
3.7
The proposed development is entirely consistent with the Policies of the
Framework that encourage economic development uses in sustainable
locations. The proposed development is also consistent with the Polices of
the Development Plan. Planning permission should therefore be granted.
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Planning Statement
4.0
APPENDICES
Appendix 1
:
Decision P08/0678
Appendix 2
:
Decision P13/0786
Appendix 3
:
Planning Officer’s Delegated Report in respect of
P13/0786
CET/DY/4417
5 November 2015
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Planning Statement
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Decision P08/0678
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Appeal Decision
Hearing held on 3 March 2009
Site visit made on 3 March 2009
by JP Roberts
BSc(Hons) LLB(Hons) MRTPI
an Inspector appointed by the Secretary of State
for Communities and Local Government
The Planning Inspectorate
4/11 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
0117 372 6372
email:enquiries@pins.gsi.g
ov.uk
Decision date:
7 April 2009
Appeal Ref: APP/C4615/A/08/2085397
Former Wellington Road Service Station, Wellington Road, Dudley DY1 1RB
•
•
•
•
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by JT Leavesley Ltd. against the decision of Dudley Metropolitan
Borough Council.
The application Ref P08/0678, dated 14 April 2008, was refused by notice dated
16 July 2008.
The development proposed is the demolition of an existing café and forecourt canopy
and change of use to a storage housing facility to accommodate 33 storage houses and
including a new café cabin.
Decision
1. I allow the appeal, and grant planning permission for the demolition of an
existing café and forecourt canopy and change of use to a storage housing
facility to accommodate 33 storage houses and including a new café cabin at
the former Wellington Road Service Station, Wellington Road, Dudley DY1 1RB
in accordance with the terms of the application, Ref. P08/0678, dated
14 April 2008, and the plans submitted with it, subject to the conditions
attached in the Annex to this decision.
Main issues
2. The main issues are:
i)
the effect of the proposal on the character and appearance of the
surrounding area;
ii)
whether satisfactory arrangements would be made for parking, and
iii)
whether the proposal would result in a net increase in trips made from
the site, and if so, whether adequate arrangements are in place to
mitigate any harm from those additional trips.
Reasons
3. The appeal site is occupied by a former petrol filling station. The pumps have
been removed and the former shop, which was last used as a café, is now
empty. A number of steel containers have been placed at the rear of the site,
which the appellants say is to prevent fly-tipping.
4. The area has a mixed character; there are various uses nearby, including
shops, a scrap yard, a monumental mason’s, a social services day centre, a
Appeal Decision APP/C4615/A/08/2085397
club and a public house. There is residential accommodation to the north on
Wellington Road and to the north-east on Westley Street.
5. The Council describes the site as a strategic gateway to the town centre, but
this is not reflected in any formal or even informal designation of the site or
wider area. From what I saw of the area on my visits, I agree that Wellington
Road is a well-used route to parts of the town centre. Having said that, the
site, whilst clearly visible in a number of views, is not especially prominent
amongst the mix of mainly commercial uses in the vicinity. There are few
buildings or other townscape features of notable merit in the area. The appeal
site itself has a dilapidated appearance, even discounting the steel containers
on the rear of the site, and there is no disagreement between the main parties
that the proposal would look better than what currently exists.
6. The proposed café cabin would be a flat-roofed modular building, to be sited
behind a wall, whilst the storage cabins would comprise freestanding steel
containers, again screened behind boundary enclosures. The submitted plans
show a 3.1m high brick wall surrounding the café and a similar height steel
palisade fence enclosing the storage houses compound. At the Hearing, it was
suggested for the appellants that an alternative lower boundary treatment,
possibly involving a mix of wall and railings could be sought by the imposition
of a condition. The Council had no objection to this, and I have borne it in
mind, being satisfied that such a condition would not significantly alter the
nature of the development.
7. I also acknowledge the Council’s concerns that the proposal would be inward
looking, largely hidden by boundary screening and lacking an active frontage
towards the street. Walls, fences, a modular building and steel containers
would provide an uninteresting appearance, and would fail to take advantage
of the potential of the site to enhance the character and appearance of the
area. Having said that, the area possesses a number of bland or even
unattractive buildings, and the proposal, with appropriate planting and
maintenance, would improve the current appearance of the site.
8. Along with current initiatives aimed at improving the nearby town centre, the
Council wishes to see similar upgrading of Wellington Road, and points to the
advice in Planning Policy Statement 1: Delivering Sustainable Development
(PPS1) which says that design which fails to take the opportunities available for
improving the character and quality of an area should not be accepted. I
accept that the proposal would only go a small way towards meeting that aim.
Thus, I consider that it is relevant, that in making the appeal, the appellants
suggested that any permission should be a temporary one.
9. The Council disputes the appropriateness of a temporary permission. Whilst the
advice in Circular 11/95 The Use of Conditions in Planning Permissions indicates
that temporary permissions are not appropriate for buildings, I regard the
proposal as being essentially for the use of land, with minor ancillary built
development as an adjunct to it, and thus I see no reason why, in principle, a
temporary permission would not be appropriate.
10. The appellants say that a temporary permission would be justified in the
current economic circumstances, where there is a general slump in
development, and having regard to the higher re-development costs of the
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appeal site which would arise from the need to deal with contaminated land
from the previous petrol filling station use.
11. I approach such arguments with caution, as there can be no certainty that the
current economic position will persist. Even so, as I consider that the harm
that would be caused by the development would not be to the current
character and appearance of the area, but more to the longer-term potential to
improve the quality of the area, I consider that a temporary permission would
cause no harm to either interests, and would not conflict with Dudley Unitary
Development Plan (UDP) Policies S10 or DD1 which deal with urban design.
12. The proposal would provide 8 car parking spaces to serve the café use, but
there are no specific spaces proposed for the storage houses. The appellants
envisage that traffic generated by the storage use will be low and that visits to
the site will be short in duration, so that parking can take place outside the
individual units. The Council, referring to its own parking guidelines for Class
B8 uses, sees a need for a maximum of 30 spaces.
13. As the appellants point out, Government policy expressed in paragraph 51 of
Planning Policy Guidance Note 13: Transport (PPG13) is that developers should
not be required to provide more parking than they themselves wish, other than
in exceptional circumstances, such as where there are road safety issues which
cannot be dealt with through parking controls.
14. In this case, there are double yellow lines along Wellington Road in the vicinity
of the appeal site. The Council expressed concerns that enforcement of
parking restrictions in respect of short-term parking is difficult. I accept that
parking on Wellington Road outside the site, especially of goods vehicles, would
be likely to interfere with the free-flow of traffic on a busy route.
15. However, it seems to me that tenants of the storage units would be most
unlikely to wish to transport goods from the highway across the café car park
and yard to access their storage unit, especially with the additional risk of
receiving a parking penalty. I attach greater weight to the appellants’
operational experience of this kind of use, which forecasts little traffic and short
duration parking, than to the fears of the Council which have insufficient
evidential basis to amount to the exceptional circumstances needed to require
more parking than the developer wishes.
16. There would be some space available within the storage yard for more than
one vehicle to park, especially if a height barrier were in place to prevent very
large goods vehicles from entering the site, and in these circumstances I am
satisfied that the parking arrangements for the storage use would be
acceptable, and would not conflict with UDP Policies DD6 and AM4 which
concern access and parking respectively.
17. With respect to café parking, I would envisage that much of its custom would
come from local businesses from where customers would travel on foot. Even
if the amount of parking provided were to be insufficient to cater for car borne
customers, there is unrestricted car parking not far away, on Wellington Road
and also on Westley Street on the opposite side of the road from the site.
There is no evidence that such parking would cause clear harm, and thus I
have no reason, subject to the provision of a disabled parking space, to
conclude that the space available for café parking would be unsatisfactory.
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18. The Council seeks financial contributions towards mitigating the impact of the
development on the transport infrastructure. The rationale for requesting such
contributions is set out in UDP Policy DD7 and the Council’s Supplementary
Planning Document (SPD) Planning Obligations. The principle of such
contributions is not disputed by the appellants.
19. The Council has calculated the net increase in trips of a B8 use with reference
to the use of the site as a café, that being the use of the site at the time when
the application was made, which has since ceased. However, that use did not
have the benefit of planning permission, and thus the lawful use of the site is
as a petrol filling station. There is no disagreement that a petrol filling station
would generate a significantly greater number of trips than the proposal.
20. At the hearing the Council suggested that I should have regard to the nature of
trips connected with a petrol filling station, where many customers would be
likely to visit as part of a trip linked with some other purpose, such as filling up
on the way to or from work, or a shopping trip. I agree that in practical terms
in assessing the true impact of proposed uses, the extent of linked trips may be
important.
21. There is no substantive evidence before me to show what degree of linked trips
might exist, but more pertinently, the SPD does not make any reference to
such linkages. Thus, I consider that there would be no conflict with the terms
of the Council’s own SPD expressed at paragraph 3.122, in that there would
not be a net increase in trips made from the appeal site, and therefore there
would be no necessity to make financial contributions.
22. The Council suggested a number of conditions which I assessed in accordance
with Government advice and in the light of the discussion which took place at
the hearing.
23. The permission should be a temporary one for the reasons I have explained.
Conditions requiring the use and layout of the site to be in accordance with the
approved plans, and for the containers to be painted in green before they are
placed on the site, are necessary in the interests of appearance. A condition
prohibiting the external storage of goods or materials is also necessary in the
interests of appearance and to ensure that adequate access can be obtained.
Details of materials and an alternative design of enclosures, and landscaping
conditions are also required in the interests of appearance; although the
Council considered it unduly onerous, I consider that the boundary enclosures
would play an important part in screening the utilitarian storage containers and
café cabin, and need to be in place to protect the appearance of the area.
24. There is a need to make amendments to the layout of the car park as explained
above, and a condition to require further details and their implementation is
needed for highway safety reasons and in the interests of providing for the
disabled. Cycle parking provision is needed to promote travel other than by
car. A condition to require details of a height barrier to prevent large lorries
from entering the site, and the implementation of the approved scheme is
needed for highway safety reasons.
25. Conditions dealing with fume extraction, hours of opening and restrictions on
time of deliveries are needed to protect the amenities of nearby residents.
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26. For the reasons given above I conclude that the appeal should be allowed.
JP Roberts
INSPECTOR
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APPEARANCES
FOR THE APPELLANTS:
Mr Christopher Timothy
BSc(Hons), DipTP, MRTPI
CT Planning, Trafalgar House, 20A Market Street,
Lichfield , Staffordshire WS13 6LH
Mr Russell Mason
Leavesley Container Services, Lichfield Road,
Branston, Burton-on-Trent, Staffordshire DE1
3ND
FOR THE LOCAL PLANNING AUTHORITY:
Mrs Caroline Reeve, BA(Hons),
MRTPI
Senior Planner
Dudley Metropolitan Borough Council
Mr Ian Hunt, HND Civil Eng,
AM-IHIE
Senior Engineer
Cllr Malcolm Davis
Local Member
DOCUMENTS
Document 1 Petition submitted by Cllr Davis
6
ANNEX
1)
The uses hereby permitted shall be discontinued and the land restored to
its former condition on or before a date ending 5 years from the date of
this decision or in accordance with a scheme of work submitted to and
approved in writing by the local planning authority.
2)
The site shall be used solely for the siting of 33 storage houses and a
café cabin which shall be sited wholly in accordance with the approved
layout plan Ref: 2470-01, Rev B.
3)
No storage house shall be placed on the site without first having been
painted green (RAL 605).
4)
No goods or materials shall be stored or placed on the site other than
within the storage houses or the café cabin hereby approved.
5)
Notwithstanding the submitted plans, details of the proposed means of
enclosure, the layout of the car park and parking for cycles shall be
submitted to and approved in writing by the local planning authority. The
approved schemes shall be implemented before the uses hereby
approved are commenced.
6)
Prior to the commencement of development on the site, details of a
landscaping scheme shall be submitted to and approved in writing by the
local planning authority. The approved scheme shall be implemented in
accordance with the approved details before the end of the first planting
season following the initial occupation of the development. Thereafter,
the landscaped areas shall be retained in the form shown in the approved
details throughout the life of the development, and shall not be used for
any other purpose, unless first agreed in writing by the local planning
authority.
7)
Prior to the commencement of development, details of a barrier to
restrict the height of vehicles entering the storage site shall be submitted
to and approved in writing by the local planning authority. The approved
scheme shall be implemented before any of the storage houses are put to
beneficial use and thereafter the barrier shall be retained as approved at
all times.
8)
No deliveries shall be made to the site, and it shall not be open, before
the hours of 07:00 or after 22:00 on any day.
9)
Prior to the commencement of development, details of fume extraction
and odour control equipment, including any external ducting and flues,
shall be submitted to and approved in writing by the local planning
authority. The approved equipment shall be installed in its entirety
before the café use is commenced and thereafter the equipment shall be
maintained in accordance with the manufacturer’s instructions and shall
be operated at all times when cooking is being carried out, unless
otherwise agreed in writing by the local planning authority.
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Planning Statement
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Decision P13/0786
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TOWN & COUNTRY PLANNING ACT 1990 (as amended)
TOWN & COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
Deposited on: 26 June 2013
Application number P13/0786
Applicant:
MRS N. LIGHT
LEAVESLEY CONTAINER SERVICES
RYKNIELD HOUSE
ALREWAS
BURTON UPON TRENT
STAFFORDSHIRE
DE13 7AB
Agent:
SITE:
LEAVESLEY CONTAINER SERVICES, (FORMER WELLINGTON ROAD SERVICE
STATION), WELLINGTON ROAD, DUDLEY, DY1 1RB
PARTICULARS OF PROPOSED DEVELOPMENT:
USE OF LAND FOR OPEN STORAGE (B8) WITH PROPOSED BOUNDARY
WALL/FENCING AND PROVISION OF LIGHTING ABOVE STORAGE CONTAINERS
The Dudley Metropolitan Borough Council as local planning authority hereby grants permission
for the above described development proposed in the application numbered as shown above
and in the plans and drawings attached thereto, a copy of which is attached to this notice.
Subject to the following condition(s)
1. The use hereby permitted shall be discontinued and the land restored to its former
condition on or before the 7 April 2014.
2. The development hereby permitted shall be carried out in accordance with the following
approved plans: L_Dudley-004C, 15235-01 and L_Dudley-002B.L_Dudley-001 and
L_Dudley-003
3. The site shall be used solely for the siting of 12 storage houses laid out in accordance
with Drawing L_Dudley-002B.
4. No storage house shall be placed on the site without first having been painted green
(RAL 605).
5. No goods or materials shall be stored or placed on the site other than within the storage
houses hereby approved.
Page 1
Date of Decision: 16 August 2013
PPUDECapproved-cond
6. No deliveries shall be made to the site, and it shall not be open, before the hours of 0700
or after 2200 on any day.
The reason(s) for the condition(s) is/are as follows:
1. In the interests of proper planning and to ensure compliance with the temporary
permission relating to the wider site.
2. For the avoidance of doubt and in the interests of proper planning.
3. In the interests of visual amenity in accordance with saved Policy DD1 of the Adopted
Dudley Unitary Development Plan (2005).
6. In order to protect residential amenity in accordance with saved Policy DD4 of the
Adopted Dudley Unitary Development Plan (2005).
APPROVAL STATEMENT INFORMATIVE
In dealing with this application the local planning authority have worked with the
applicant in a positive and proactive manner, seeking solutions to problems arising in
relation to dealing with the application, by seeking to help the applicant resolve technical
detail issues where required and maintaining the delivery of sustainable development.
The development would improve the economic, social and environmental concerns of
the area and thereby being in accordance with paragraphs 186 and 187 of the National
Planning Policy Framework.
Informative
Given the proximity of the development to the Dudley Tunnel, care must be taken during
construction and operation of the site to ensure that the tunnel structure is not
detrimentally affected. The surface development should not load the tunnel structure nor
rely on the tunnel structure for support.
All works should comply with the “Code of Practice for Works Affecting Canal & River
Trust” a copy of which is available on our website.
Page 2
PPUDECapproved-cond
The Canal & River Trust offer no right of support to the adjacent property. The land
owner should take appropriate steps to ensure that their works do not adversely affect
the canal tunnel infrastructure at this location.
Note(s) to Applicant(s)
In addition to the above you should also be aware of the notes attached to this decision notice.
J B Millar
Director of the Urban Environment
The Council does not accept any liability for loss or damage of any nature relating to the foul or storm water
drainage of the site. If you have any concerns regarding such matters, you should contact Severn Trent Water,
Edgbaston Depot, Waterworks Road, Edgbaston, Birmingham, B16 9DD
Page 3
PPUDECapproved-cond
This is not a Decision under the Building Regulations or other Legislation
APPEALS TO THE SECRETARY OF STATE

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or
to grant it subject to conditions then you can appeal to the secretary of state:
a)
b)
c)
d)
e)
Under Section 78 of the Town and Country Planning Act 1990 (non-householder)
under section 78 of the Town and Country Planning Act 1990 (householder)
in the case of Listed Building Consents under Sections 20 and 21 of the Planning (Listed Buildings and
Conservation Areas) Act 1990
in the case of Certificates of Lawful Use or Development under Sections 195 and 196 of the Town and Country
Planning Act 1990 (as amended)
in the case of advertisements under Regulation 17 of the Town and Country Planning (Control of Advertisements,
England) Regulations 2007.

If you want to appeal, then you must do so within 6 months of the date of this notice in respect of appeals referred to in
paragraphs a) and c) above, within 12 weeks of this notice in respect of appeals referred to in paragraph b) above, or
within 8 weeks in respect of appeals referred to in paragraph e). There is no time limit in respect of appeals referred to in
paragraph d) above. Appeals must be made using a form which can be obtained online at www.planningportal.gov.uk/pcs
or from The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. N.B. Only the
applicant has the right to appeal.

The Secretary of State can allow longer periods for giving notice of an appeal, but he will not normally be prepared to use
his power unless there are special circumstances which excuse the delay in giving notice of the appeal.

The secretary of state need not consider an appeal if it seems to him that the local planning authority could not have
granted planning permission for the proposed development or could not have granted it without the conditions it imposed,
having regard to statutory requirements, to the provisions of any development order and to any directions given under a
development order. In practice, the secretary of state does not refuse to consider appeals solely because the local
planning authority based it decision on a direction given by him.

You have the right to appeal to the secretary of state where consent to fell or lop trees is refused or if you object to any
conditions attached to your consent. The appeal must be made within 28 days of receiving the decision on your
application. The secretary of state may allow or dismiss an appeal or vary the original decision by the authority in any
respect. As in any case of orders to which there are objections, the appeal will normally be decided on the basis of written
representations but both the applicant and the authority have the right to a public local enquiry or hearing. To appeal a
decision made on an application relating to trees, you should contact the Planning Inspectorate, The Environment Team,
Room 4/04, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.
PURCHASE NOTICE

If either the local planning authority or the secretary of state refuses permission to develop land or grants it subject to
conditions, the owner may claim that he can neither put the land to a reasonable beneficial use in its existing state not
render the land capable of a reasonable beneficial use, by the carrying out of any development which has been or would
be permitted.

In these circumstances, the owner may serve a purchase notice on the Council. This notice will require the Council to
purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act, 1990.

This decision is given under the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning
(General Permitted Development) Order 1995 (amended).

You are reminded of the need to ensure due compliance with the Building Regulations 1991 (as amended), with other
Public General Enactments relating to the development (in particular the Public Health Act 1936 and 1961, Clean Air Act
1993 the Highways Acts1959, 1971 and 1980, the Control of Pollution Act 1974, the Planning (Hazardous Substances) Act
1990, the Environmental Protection Act 1990, and with the Local Enactments for the time being in force in the Borough.
Nothing herein contained is to be regarded as dispensing with such compliance beyond the extent (if any) herein specified.
The permission specified does not modify or affect any personal or restrictive covenant applying to the land or any right of
any person entitled to the benefit thereof.

Should the development result in the provision of a building or premises to which the public are admitted or in which
persons are to be employed, the applicant is reminded of the need to observe Sections 4, 7 and 8A of the Chronically Sick
and Disabled Persons Act 1970 (as amended) and the codes of practice “Design of buildings and their approaches to meet
the needs of disabled people” (BS 8300).

If the development will result in the provisions of an educational building then the applicant is reminded of the need to
observe Sections 7 and 8 of the Chronically Sick and Disabled persons Act 1970 and DfES constructional standards
It is advisable that this notice be carefully retained, possibly with the deeds of the property
Planning Statement
A
P
P
Planning Officer’s Delegated Report
in respect of P13/0786
E
N
D
I
X
3
12
PLANNING STATEMENT
Our Reference: CET/DY/4417
Date: 5 November 2015
CT Planning Limited
Trafalgar House 20a Market Street
Lichfield Staffordshire WS13 6LH
Tel: 01543 418779
Fax: 01543 418115
Email: plan@ctplanning.co.uk

PLANNING STATEMENT J T Leavesley Group Leavesley Container

Transcription

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