Storage or distribution use at Newfield Garage, Manchester Road, Tunstead Milton

What was proposed

The application sought a certificate confirming existing commercial storage or distribution use across the red-edged land for more than ten years.

“A lawful development certificate is proposed for an existing use of land defined as Use Class B8 ‘Storage or distribution’ in relation to the use of the land for commercial storage in relation to the submitted red edge location plan for a period in excess of 10 years and the application is dated the 22nd December 2022.”

“Application form and ownership certificate • Location plan • Statements of Truth…”

Officer report

The site

The site is an open field south of Manchester Road, accessed from that road and used for trailers and other stored items.

“The red edge site is an open field, located to the south of the B5470 Manchester Road, west of Tunstead Milton. The site is being utilised by JE Morten for the storage of vehicle trailers and various other items.”

“Access to the site is gained via the B5470 Manchester Road.”

Officer report

Earlier applications and concerns

Earlier proposals included holiday chalets dismissed on appeal and an industrial building refused, while monitoring letters raised concerns about intensified and expanded storage.

“In May 2019, the Compliance and Monitoring Officer once again wrote to [name withheld] stating that the use of the land has intensified and expanded. Attached to the letter is an aerial photograph showing the area in red that was covered by the original letter and the land edged blue into which the use has intensified.”

“HPK/2007/0628 - Development of land for leisure purposes and erection of 16 timber holiday chalets. Dismissed on appeal October 2008.”

Officer report

Why officers recommended refusal

Officers considered that the evidence did not show continuous, uninterrupted B8 use across the whole site for ten years before the application.

“Having regard to the application made and evidence submitted, the issue is whether sufficient information has been provided to demonstrate that at the time the application was made, the operations described in the application would be deemed lawful.”

“Officers consider having taken all the matters before it in the round and as set out in this report that on balance the entirety of the land edged red has not been used for a Use Class B8 storage use. While the Applicant has provided statement evidence of the use, the photographic evidence shows the extent of the area.”

Officer report

Consultation response

The parish council objected because of the proposal’s adverse visual and environmental impact on the area.

“Object, adverse visual and environmental impact on the area.”

Officer report

Who addressed the committee

An objector spoke against the application and the agent addressed the committee.

The committee vote

The committee voted 27 to 18 on the application, with one councillor withdrawing because of a declared interest.

“(Having declared an interest, Councillor Roberts withdrew from the meeting during the consideration and voting on the application)”

“That in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Development Services be delegated authority to do so in consultation with the Chair of the Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.”

Minutes

The decision

The committee refused the application as set out in the officer report and delegated limited wording changes before the decision was issued.

“That the application be refused as set out in the report; and…”

Minutes