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V25-1229 : W16796/1 - LAUREL FARM, ST JAMES SOUTH ELMHAM

The Sub-Committee considered the report of the Director of Planning and Building Control which examined the merits of an application to retain a haulage yard at Laurel Farm, St James South Elmham.

This application had been held in abeyance pending the outcome of a Public Inquiry on The Yard, as both sites were being used in connection with the applicant's haulage business. The appeal was dismissed and the haulage use at The Yard was required to cease by May 1998.

This application was being considered on its planning merits for the first time and any refusal would be subject to a further right of appeal. An enforcement notice was in effect at the site, and if this application were refused prosecution for the continued use could be activated at any time.

Members had recently attended a site visit to enable them to judge the suitability of the site at Laurel farm for haulage yard use. The Highways Authority also attended the visit and formally recorded that the site was unacceptable in traffic and road safety terms as the access was too narrow and the surface and visibility was substandard for this use.

The Parish Council were previously evenly divided on the two sites, but following the site visit and looking at the situation in its new context they were weighted in favour of Laurel Farm.

The Director considered that many of the issues of objection identified from neighbour consultations could be overcome or mitigated. However, the restriction of operational hours was not acceptable to the applicant as there were compelling commercial reasons for weekend repair work.

The Chief Executive had written to the applicant and there appeared to be a case for established use of The Yard for plant hire and builders yard. He felt it was important to consider that without a deal there would likely be a continued use, although in reduced form. It was unclear too what extent this use could be established.

The Sub-Committee did not wish to see commercial activities at both sites within the village. They were minded to approve the application subject to the applicant giving a legal undertaking that the plant hire and builders yard use at The Yard would cease, and this would then be permitted at Laurel Farm. The concerns expressed by the Highways Authority were accepted by members and any approval would also be subject to appropriate access arrangements being agreed.

RESOLVED

That planning permission be granted to application W16796/1 for the use of Laurel Farm for haulage yard, plant hire and builders yard subject to:

(a) the permission being personal to the applicants, and permanent;

(b) the erection and installation, within an agreed timescale, of appropriately soundproofed buildings, hardstandings, and drainage facilities;

(c) the restriction on hours of work, within realistic constraints; and

(d) the prior conclusion of a Section 106 Agreement incorporating:

(i) the cessation of The Yard, and the clearance of buildings, materials and hardstandings and the site laid to grass;

(ii) an agreed level of use of the haulage yard, plant hire and builders yard; and

(iii) access arrangements to the satisfaction of the Highways Authority.

Volume 25 Minute 1229

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