CENTRAL AREA COMMITTEE

 

 

Item 6.1 - 12/P/0906/F – Land to north of Mendip Road, Weston-super-Mare

 

Third Parties

 

 1 additional letter of objection has been received that raises the same point as other objectors, concerning parking, lack of jobs.

 

Additional information

 

Since the area committee the applicant has carried out further investigation into a possible acoustic barrier , which could be erected to provide mutual noise protection for the new dwellings and the existing long-established businesses in Sandford Road, one of which has individual concerns because it is an equine business. Whilst this has not yet resulted in agreement between the parties as to what would be suitable it has been sufficient to demonstrate that it will be possible to achieve satisfactory noise levels through more than one method. This could include an acoustic wall, sited either close or slightly more separated from the walls of the businesses but might also incorporate e.g. improved sound insulation. Accordingly the application can be approved as the additional condition proposed in the report will enable the needs of the parties to be met. This will require discussion, and officers propose that discharge of this condition should finally be the subject to the agreement of the ward members and Chairman following discussions between the applicant, the two businesses and officers.  It is proposed however to slightly modify the wording such that it allows for solutions other than merely acoustic barriers to be agreed, if this is both effective in noise mitigation and acceptable to the parties.(see below)

 

In order to mitigate the particular concerns of the equine business about noise and other disturbance during the demolition and construction phases it is proposed that further conditions be applied requiring

1) details of the location of the site compound to be agreed before any work including demolition commences on the site

2) the period when building work, including demolition may take place in the vicinity of the stables i.e. Plots 5-11 (and possibly extended to certain internal works depending on the advice of the Environmental Protection Officer) and

3) double-glazing to be provided to the south elevations of Plots 5-11 and 19-21 to secure acoustic protection.

 

Authority is also requested to vary or add any additional conditions considered necessary to address any issues that emerge from the advice of consultees. Condition 17 which already requires submission of a Management Plan can and will take account of specific practices that may be necessary to mitigate the construction phase impacts on the operation of the equine business in particular.

 

Traffic calming

It is proposed to attach an additional condition requiring prior approval of the siting and   means of traffic calming

 

Amended recommendation:

 

That the application is approved in accordance with the recommendation to the South Area Committee subject to the completion of a s106 agreement to require: the heads of terms specified in the report and the planning conditions also set out in the same report together with the following additional conditions, together with any further additional conditions or modifications to conditions required as a result of the advice of consultees and advice notes:

 

25 No development shall be commenced until details of an acoustic barrier along the southern boundary of the site, including details of its height, length, position and materials or alternative form of acoustic protection have been submitted to and approved by the Local Planning Authority. The approved acoustic barrier and other acoustic measures shall be erected or installed prior to the construction of any dwelling on site and shall be maintained in accordance with the approved specifications at all times thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that there is an appropriate boundary treatment or other measures in the interests of the living conditions of residents of this developments and to protect the interests of the adjoining businesses in Sandford Road and in accordance with Policy CS3 of the North Somerset Core Strategy.

26 No development shall commence until plans of the siting of the proposed site compound have been submitted to and approved by the Local Planning Authority. The compound shall thereafter be sited only in accordance with the approved plans.

Reason: In the interests of the living conditions of nearby residents of this development and to protect the interests of the adjoining businesses in Sandford Road and in accordance with Policy CS3 of the North Somerset Core Strategy.

27 No development including demolition works shall take place on Plots 5-11 and 19-21 inclusive, between during the months of April to August .

Reason: To protect the interests of the adjoining equine businesses in Sandford Road.

28 The south elevations of Plots 5-11 and 19-21 shall be fitted with double glazing units and these shall be retained at all times in accordance with the approved specification or higher.

Reason:  In the interests of the living conditions of residents of this developments and to protect the interests of the adjoining businesses in Sandford Road and in accordance with Policy CS3 of the North Somerset Core Strategy.

29 No dwelling shall be occupied until details of the siting and method of traffic calming within the site has been submitted to and approved by the Local Planning Authority.

Reason: In accordance with Policy T/10 of the North Somerset Replacement Local Plan.

 

Original condition 25 to be re-numbered 30

 

 

Item 6.2 - 12/P/0714/HAZ – Redcliffe Bay PSD, Down Road, Portishead

 

Clarification from the Environment Agency

 

The EA is not objecting to the application and will deal with the proposals under the Control of Major Accident Hazards Regulations (COMAH). The existing site safety report will be reviewed as part of this process. It will include an assessment of potential major accident hazards and associated control measures. The OPA will have to demonstrate opportunities for improvements and that all necessary measures have been taken. This will include containment of any escaped material. There are a number of issues that will be taken into account in assessing this including an assessment of the design of the storage tanks. If the site does not comply with standards it can be closed or the use of the three additional tanks can be prevented.

 

Clarification of HSE’s comments

 

The HSE reiterated that it will not support the proposed refusal reason at appeal.

It should be clarified that the HSE’s method of assessment of such applications uses a protection based approach and the potential extent of harm from a reasonable worst case scenario within the 3 zone map.  It does not use a risk based assessment.  Its advice is that this application does not affect the hazards to the public over and above the existing Modified Deemed Consent. There is no legal requirement for a Quantified Risk assessment (as requested by neighbours). An assessment of Societal risk is not a government policy and it is not likely to be for lower hazard sites. The site safety report will be required to show compliance with COMAH Regulations.

 

Additional neighbour representations

 

Neighbours commented that the committee reports should clarify the HSE’s comments and include details of the process. The report is sufficiently clear on the type of application and what it is seeking approval for.

 

Additional neighbour representations

 

Neighbours commented that the committee reports should clarify the HSE’s comments and include details of the process. The report is sufficiently clear on the type of application and what it is seeking approval for.