Agenda item

A report was presented on a retrospective application for the change of use of land and existing building from light industrial (Class B1) to a mixed use for light industrial (Class B1) and storage and distribution (Class B8) uses and the recycling of non-hazardous waste plastics together with the erection of a warehouse building for the storage and distribution of materials associated with the uses at Unit 1, Station Yard Factory, Station Road, Rufford.

The report included the views of West Lancashire Borough Council, Rufford Parish Council, the Environment Agency, Network Rail, the County Council's Developer Support (Highways), the LCC Lead Local Flood Authority and details of one letter of representation received. The views of County Councillor Dereli were also received.

The Development Management Officer presented a PowerPoint presentation which included an aerial view of the site and the nearest residential properties and photographs of the site and access road.

The Officer reported orally that the applicant had confirmed that the external elevations of the warehouse would be coloured Olive Green (BS 12B27).

It was also reported that the County Council's Specialist Advisor (Ecology) had raised no objection to the proposals subject to the imposition of conditions to require the following:

·  Tree protection measures in accordance with best practice (BS5837:2012 Trees in relation to design, demolition and construction - Recommendations).

·  The replacement of trees along the site boundaries for any that have been removed to facilitate the development, or that subsequently fail as a consequence of the development.

·  The avoidance of any light spill to the surrounding area.

·  The checking of trees for nests during the bird nesting season that may be affected by the erection of the warehouse.

It was also recommended that consideration should also be given to installation of bat boxes/ bird boxes on external building elevations/ retained trees.

In response to the above, the Committee was advised that the proposed colour of the building was considered acceptable and that Condition 2 should be replaced with the following:

'The external elevations of the warehouse building shall be coloured Olive Green (BS 12B27) and thereafter maintained in the approved colour throughout its presence on the site.

In relation to the conditions requested by LCC Specialist Advisor (Ecology), the committee was informed that the applicant had submitted a tree constraints plan and survey with the application which demonstrated that the new building could be constructed without affecting the trees on the boundaries of the site. Condition 15 in the report sought to ensure that this was the case. It was considered that as no trees should be affected by the development, there should be no requirement to provide for replacement planting or for the protection of any nesting birds that use these trees. The conditions requested on landscaping and the provision of replacement bird/ bat habitats were therefore considered unnecessary.

The committee heard representations from a local resident, the Clerk to Rufford Parish Council and the West Lancashire Borough Council ward councillor who all objected to the proposal.  They reiterated the concerns raised in the committee report in relation to:

·  The retrospective nature of the application,

·  The frequency and size of HGV's visiting the site,

·  Highway safety concerns in relation to HGV's queuing and manoeuvring on the access road to the site and nearby level crossing.

·  Surface and waste water drainage and the lack of a foul water assessment. 

·  The adequacy of the proposed turning circle for vehicles within the site.

·  The location of the site within the Green Belt

It was felt that consideration should be given to the proximity of the site in relation to the River Douglas, the canal, the level crossing and residential properties.  The committee was asked to defer consideration of the application until they had visited the site and until a foul water drainage assessment had been completed.

In response to the concerns raised above, the Officer advised that:

·  The applicant had been asked to demonstrate that vehicles would be able to turn around within the site.

·  The current storage area would be relocated further from the entrance. This would mitigate the visual impact for residents living nearby.

·  A condition was proposed to require a foul water drainage scheme for the site.

·  Welfare facilities on the site had their own separate foul water drainage system.

·  The site was bordered by mature trees which would help minimise the impact of the new building on the Green Belt.

Following debate during which councillors raised questions with regard to vehicle movements and the drainage scheme, it was Moved and Seconded that:

  "The application be deferred to allow the Development Control Committee visit the site prior to determining the application." 

Upon being put to the vote the Motion was Carried whereupon it was:

Resolved:  That the application be deferred to allow the Development Control Committee to visit the site prior to determining the application.