Agenda item

Change of use of former water treatment works to boat hire business, including creation of 17 new moorings, use of former chlorinator building for visitor reception, use of former pump house and garage building for storage, maintenance and repair of boats, minor external alterations to former pump house, laying out of parking and boat manoeuvring area, creation of ecological restoration area and associated works.

Recommended: to grant planning permission, subject to conditions.

Agenda item 11

The officer introduced her report. Consultations, representations, policy and guidance and planning history are detailed in the officer’s report which formed part of the agenda pack for this meeting.

She made the following amendments to the original report, which relate to paragraph 2.3:

• There would be 10 seasonal private moorings and seven hire holiday moorings.
• There would be 14 landing platforms in total.
• There would be a small scale platform for fishing by people with disabilities.
• Visits to the site would be by appointment only.
• The applicant had requested that evening closure should be at 19:00, not 18:00, to fit in with the lock-keeper’s hours.

The following updates had been received since the report was published:

• Council ecologist requested a further condition in relation to water voles which may be present on the site

• Receipt of a further letter of support from the council’s economic development officer.
• Receipt of a petition of 169 signatures objecting the commercial development of this area (also known as “BrandyIsland”).

Additional letters had been sent to members of the committee, by objectors, including a copy of counsel’s opinion raising alleged failures in the committee report. The concerns related largely to highway safety and to comments from the county engineer: particularly with regard to the established use of the site. The officer’s report in paragraph 6.12 refers to the site having an established use which could be re-instated at any time. The officers agreed that, given the time that had lapsed since the works closure and the loss of associated equipment, it is unlikely that the site’s use as a pumping station would be re-instated. Clarification on this issue had been sought from the county highway engineer who had confirmed that the acceptability of the scheme in highway terms was not dependant on re-instating the pumping station, but that the low level of traffic movements proposed was considered on its own merits.

Additional clarification from officers on the use of the building was provided as follows:  whilst it may be argued that it is highly unlikely that the use may be reinstated, this could not be considered a certainty. Abandonment can be deemed to occur in certain circumstances, but a distinction should be drawn between a use being dormant and a use being abandoned: for the latter to apply there would more usually be a change in the planning unit, the grant of an inconsistent planning permission, or a major change in the identity of the site. It is by no means certain that any of these apply in this instance, and so it cannot be said that the site now has a "nil use".

The county highways engineer’s report was updated as follows:

The number of people already visiting the village and the speed limit on the A417, amongst other factors, was taken into account in assessing the acceptability of the proposal. A view was taken that, whilst the sight lines at the A417 junction are below desirable in one direction, it would be unreasonable to recommend refusal on these grounds bearing in mind the relatively low numbers of extra vehicles likely to be generated by the site.  

RolyPaterson, from Buscot Parish Council, spoke in objection to the application.

• He made reference to Counsel’s opinion concerning the building’s use as a waterworks.
• He raised concerns about the potential increase in traffic given the large pedestrian use of the road onto the “Brandy Island”.

Michael Stubbs, from the National Trust, spoke in objection to the application. He, too, referenced Counsel’s opinion on the building’s use as a waterworks.

Kerry Pfleger, the applicants’ agent, spoke in favour of the application and confirmed the following:

• Access to the boat yard will be by prior agreement with the owners.
• Boats will not be transported through the village of Buscot.
• There will be no external boat storage or lighting.
• The existing building will be improved and maintained.

Roger Cox, one of the ward councillors, spoke in favour of the application. He had visited the site a number of times and had attended the parish council meeting where it had been discussed. He considered the planning officer’s report to be accurate and fair. The county highways engineer has no objections.

The committee discussed this item at length. Many of the members of the planning committee had visited this site. The committee discussed, in particular, vehicular movements and highway considerations.

RESOLVED (For 13; Against 0; Abstentions 1)

To grant planning permission, subject to the following conditions;

1.    TL1 - Time limit

2.    Planning condition listing the approved drawings

3.     Prior to the commencement of the development hereby approved full details of the proposed materials, construction method, and means of securing to the river bank of the mooring platforms shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

4.    LS1 – Landscaping details

5.    LS2 – Landscaping implementation

6.    HY6 – Access, parking and turning in accordance with specified plan

7.    No boats shall be stored on the site outside the building at any time unless moored on the river.

8.    The boat yard hereby permitted shall not operate before 08:00 nor after 19:00 on any day and the gates shall be locked outside these hours to prevent entry unless in an emergency.

9.    Prior to the commencement of the development hereby approved, details of the delivery of supplies to the site and a scheme for the disposal of waste from the site including refuse and sewerage shall be submitted to and approved in writing by the Local Planning Authority. The use of the site shall operate in accordance with the approved scheme.

10.Delivery or removal of boats to and from the site shall be carried out by river only and not by road unless otherwise agreed in writing by the Local Planning Authority.

11. The development hereby permitted shall be implemented in accordance with the scheme of mitigation contained Chapter 5 and Table 1 of the Phase 1  Habitat Survey Report by Eco consult dated April 2012 submitted with the application in all respects. Any variation shall be agreed in writing by the Local Planning Authority before such change is made.  This condition will be discharged on receipt of a letter from the project ecologist providing evidence to demonstrate that the mitigation has been completed according to the approved report.

12. A habitat management plan for the ecological restoration area shall be submitted to and approved by the local planning authority prior to the occupation of the development. The plan shall include:

(i)         Description and evaluation of the features to be managed;

(ii)       Ecological trends and constraints on site that may influence management;

(iii)      Aims and objectives of management;

(iv)      Appropriate management options for achieving aims and objectives;

(v)       Prescriptions for management actions for a 20 year period;

(vi)      Preparation of a work schedule (including a 5 yr project register, an annual work plan and the means by which the plan will be rolled forward annually);

(vii)     Personnel responsible for implementation of the plan;

(viii)   Monitoring and remedial / contingencies measures triggered by monitoring.

(ix)      A plan showing the management areas and the location and design of the fence separating the operational part of the site from the restoration zone. The plan shall be carried out as approved, unless otherwise approved in writing by the local planning authority.

13. The development hereby permitted shall be implemented in accordance with the recommendations of the Reptile Survey Report carried out by Ecoconsult dated July 2012 submitted with the application in all respects. Any variation shall be agreed in writing by the Local Planning Authority before such change is made.  This condition will be discharged on receipt of a letter from the project ecologist providing evidence to demonstrate that the mitigation has been completed according to the approved report.

14. Prior to the commencement of the development hereby approved full details of any boundary treatment within the site and around the perimeter shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

15.Prior to the commencement of the development hereby approved, full details of the proposed new doors to the pump house building and any signage required for the proposed business shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

16.At the beginning and end of the boating season the boats shall be placed in the water and removed from the water by fork lift truck only as specified in the application and no crane shall be used on site at any time.

17.Prior to the commencement of the development hereby permitted full details of any proposed external lighting to be used on the building and around the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

18.The development hereby permitted shall be carried out in accordance with the submitted Flood Risk Assessment undertaken by Cole Easdon reference 3418 dated April 2012.

19. Contaminated Land Survey.

20. Water voles survey prior to commencement.

21. No smaller hourly rental boats.