Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Site visit made on 10 August 2021 by S D Castle BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 03 September 2021 Appeal Ref: APP/W3330/W/21/3274593 Creech Paper Mills, Mill Lane, Creech St Michael, Taunton TA3 5PX • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr A Jeffery (South West Crane Hire) against the decision of Somerset West and Taunton Council. • The application Ref 14/20/0008, dated 31 January 2020, was refused by notice dated 23 December 2020. • The development proposed is change of use of land to a crane hire depot, including the storage of containers on site in association with crane hire. Decision 1. The appeal is dismissed. Preliminary Matters 2. Amendments were made to the proposal prior to determination of the planning application by the Council. Consequently, the description I have used above is taken from the appeal form and the Council’s decision notice as that more accurately describes the final development proposed than the application form. 3. The development has already occurred and therefore I am considering the proposal retrospectively. 4.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision On 1 April 2019 Taunton Deane Borough Council merged with West Somerset Council to become Somerset West and Taunton Council. The development plans for the merged local planning authority remain in place for the former area of Taunton Deane Borough Council until such a time as they are revoked or replaced. It is therefore necessary to determine this appeal with reference to policies set out in the plans produced by the now dissolved Taunton Deane Borough Council. 5. A revised version of the National Planning Policy Framework (the Framework) was published on 20 July 2021, after the Council had determined the application. I am required to consider this appeal based on the current Framework. From reading all the information before me from the Appellant and the Council, I am satisfied that the revised Framework carries forward the main policy areas from the earlier Framework, as relevant to this appeal. As such, it is not necessary to revert to the parties further. https://www.gov.uk/planning-inspectorate

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/21/3274593 Main Issues 6. The main issues are the effects of the proposed development on: (i) highway safety; and (ii) the living conditions of the occupants of dwellings on Mill Lane. Reasons Highway Safety 7. The appeal site is located at the western end of Creech Mills Industrial Estate and is accessed from the east along Mill Lane. The site is wedge shaped and is bounded by a railway line to the north, a school to the east, and open fields to the south. The site is currently used as a crane hire depot and for the storage of shipping containers in association with the crane hire. Mill Lane is a narrow single-track lane without separate pedestrian infrastructure and with very limited opportunities for vehicles to pass each other. Many of the dwellings along the southern side of Mill Lane have front elevations that are in close proximity to the vehicular carriageway. This is particularly the case for approximately the first 90m of Mill Lane from the junction with St Michael Road, where there is very limited frontage landscaping or parking. There are several vehicular accesses onto this initial section of Mill Lane, some with visibility limited by high boundary treatments.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Mill Lane remains narrow as it initially rises steeply up towards the junction with St Michael Road, at which point the lane considerably widens. 8. The appellant advises that the site is utilised by a maximum of 4 cranes and that the cranes (in total) have a maximum expected trip generation of 16 movements per day. The appellant currently has 3 cranes permanently operating from the site, comprising of a 24 tonnes, a 36 tonnes, and a 48 tonnes crane. The appellant also advises that other vehicular movements to/from the site include employees arriving to collect cranes and the infrequent delivery or collection of the containers that are occasionally stored on site. The appellant advises that containers are delivered to and from the site using rigid Hiab lorries (32 gross tonnes or 44 gross tonnes with trailer). 9. The appellant asserts that the current use does not have a materially different impact on either the highway network or highway users than the previous use of the site as a vehicle depot for a drainage maintenance company. The appellant advises that the previous site operator had at least 6 tankers1 and several vans operating from the site, with vehicles varying in size from 7.5 tonnes to 32 tonnes.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision There is no substantive evidence before me with regards to the number of vehicular movements generated by the previous operator’s use of the site. Nevertheless, I note that previous permissions relating to the site did not restrict the site’s hours of operation or vehicular numbers. 10. The appellant has suggested attaching planning conditions to limit the hours cranes could arrive/depart the site and to limit the number of cranes stored and operated at the site to 4. Whilst such conditions may result in a lower number of vehicular movements of cranes to/from the site in comparison to the previous site operator, it would not prevent other large vehicles using the site at the same time as the cranes. The appellant has not provided a detailed assessment of the comparative impact on the highway of the different vehicles 1 Appellant’s Statement Paragraph 5.4 https://www.gov.uk/planning-inspectorate 2

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/21/3274593 used by the previous and current site operators. Interested parties have submitted evidence in this regard, including an assessment2 by RGP (a Transport Planning and Infrastructure Design Consultancy) submitted on behalf of Cambian Somerset School. 11. The evidence presented by interested parties indicates that the mobile cranes using the site are of significantly greater length than the tankers previously operating from the site. This is particularly the case for the larger 5-axle crane and the appellant accepts that the largest crane operating from the site (at 48 tonnes) is larger than the largest tankers previously operating from the site (at 32 tonnes). In addition to these differences in scale, the mobile cranes are also configured differently to the tankers such that the extendable crane element overhangs the driver cab and extends beyond the front of the driver position. 12. St Michael Road has a 30mph speed limit and the County Highways Authority (CHA) advises that a sight stopping distance of at least 43m is required (derived from table 7.1 in Manual for Streets).

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision On my site visit, I noted that visibility to the north from the junction was impeded by the rising slope and existing highway signage on St Michael Road. For southbound traffic along St Michael Road, the visibility of vehicles egressing the junction is limited by the combination of the humped bridge, the steep downwards slope of Mill Lane, the road signage, and boundary treatments. For northbound traffic along St Michael Road, the visibility of egressing vehicles at the junction is limited by the high boundary fence of Tone Villa. 13. The CHA advises that the visibility splays at the junction of Mill Lane with St Michael Road measure 2.4m x 28m to the north, and 2.4m x 43m to the south. The RGP assessment includes a visibility splay drawing for a 3-axle mobile crane at the junction and shows visibility of approximately 13m to the north and 34m to the south (both taken from 2.4m back from the junction). In the absence of a visibility splay drawing provided by the CHA, it is not clear why there is such a discrepancy in the visibility measurements. I do note, however, that the RGP assessment considers the angle of the cab and the height of the road sign to the north.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Notwithstanding the discrepancy in measurements, it is clear that the visibility splay to the north is deficient against the standards advised by Manual for Streets and the road alignment at the junction presents a heightened risk of accidents and collisions. 14. Whilst the visibility splays at the junction are deficient for both the previous site operator’s tankers and the mobile cranes, I note that the CHA advises that smaller vehicles would be able to use the junction more efficiently and with less conflict with existing traffic. The RGP assessment advises that as the drivers of mobile cranes attempt to gain sufficient visibility at this junction by edging forward, it is likely that the crane unit would overhang the main carriageway on St Michael Road due to the overhang of the extendable crane element. This represents an additional risk of accidents in comparison to more standard HGVs where the driver is close to the front of the vehicle. 15. The significant length of the cranes also makes them more difficult than the previous site operator’s tankers to manoeuvre, and more difficult for others to pass them given the constrained dimensions of Mill Lane.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision The opportunity to seek refuge on Mill Lane for more vulnerable groups of people, such as users of 2 Transport Representations to Planning Appeal – RGP Ref: 5277/TN03 (dated July 2021) https://www.gov.uk/planning-inspectorate 3

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision The opportunity to seek refuge on Mill Lane for more vulnerable groups of people, such as users of 2 Transport Representations to Planning Appeal – RGP Ref: 5277/TN03 (dated July 2021) https://www.gov.uk/planning-inspectorate 3

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/21/3274593 mobility scooters; people with mobility issues; blind or partially sighted persons; people with prams; and those with complex needs attending the specialist school adjacent to the site; is not readily available. Given the lack of passing places and pedestrian infrastructure, crane drivers, and other road users, will likely feel pressure to try to squeeze past each other or to reverse. Road user interactions with the mobile crane vehicles, given their longer length than the previous site operator’s tankers, their limited rearward visibility, and their difficulty to manoeuvre, increases the risk of accidents and is therefore harmful to highway safety. 16. Whilst I note that a fatal accident unfortunately occurred near to the junction of Mill Lane and St Michael Road, there is no substantive evidence before me with regards to its cause. As such, I cannot be certain that the road layout and limited visibility at the junction were contributing factors to the accident and this limits the weight I afford to this matter in my decision.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision I do find, however, that the mobile cranes, due to their greater length/scale, are likely to be more intimidating to pedestrians and cyclists using Mill Lane than the tankers used by the previous site operator. The comments of interested parties clearly indicate an increased degree of concern with regards to the effect of the cranes on the highway safety of other users of Mill Lane in comparison to the previous site operator’s vehicles. 17. For the reasons above, I find the development results in an increased risk of conflict and accidents by virtue of the materially different and, in certain cases, materially larger cranes accessing, egressing, and travelling along Mill Lane given its constrained width, lack of passing places, lack of street lighting, lack of pedestrian infrastructure, and substandard visibility at its junction with St Michael Road. The development, therefore, has an unacceptable adverse impact on highway safety contrary to Policies DM1 and DM2 of the Taunton Deane Core Strategy (2012) (CS) and Policy CSM2 of the Creech St Michael Neighbourhood Plan (2019) which, taken together, require, amongst other things, development to not adversely affect highway safety.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision The development would not minimise the scope for conflicts between pedestrians, cyclists and vehicles and would represent an unacceptable impact on highway safety contrary to the provisions of the Framework, including paragraphs 111 and 112. Living Conditions 18. I have had regard to the objections of residents on Mill Lane relating to the effect of the mobile cranes travelling past their dwellings on their living conditions. The large scale of the mobile cranes and the close proximity of dwellings on Mill Lane to the highway means that the noise and vibration felt by certain residents due to the cranes is likely to be significant. These effects would be most detrimental to living conditions if experienced during the quiet hours of the night and would be likely to have an impact on residents’ ability to have undisturbed sleep. Local residents’ submissions indicate that their sleep has been disturbed by the mobile cranes travelling past their dwellings in the early hours of the morning. In addition to noise and vibration, flashing lights on the cranes is also cited as a significant cause of disturbance.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Despite the previous site operator providing a 24-hour emergency call out service, interested parties’ submissions advise that the mobile cranes have a significantly greater impact on local residents’ living conditions. https://www.gov.uk/planning-inspectorate 4

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Despite the previous site operator providing a 24-hour emergency call out service, interested parties’ submissions advise that the mobile cranes have a significantly greater impact on local residents’ living conditions. https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/W3330/W/21/3274593 19. As noted above, the appellant has suggested conditions limiting the number of cranes and the hours of operation to between 0700h and 1900h. Given that Mill Lane leads to a long-established industrial estate, a certain degree of disturbance from commercial vehicles passing dwellings on Mill Lane is to be expected. The Council’s Environmental Health Officer has not objected to the proposal. Whilst I understand the objections of local residents given the increased scale of the cranes, I have not been provided with substantive evidence regarding the levels of noise and vibration generated by these larger vehicles. Additionally, I have no substantive evidence before me to indicate that the vehicular movements relating to the use of the site would lead to unacceptable levels of dust or air pollution, taken cumulatively or otherwise. 20.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision In conclusion on this main issue, given the background disturbance that the industrial estate can reasonably be expected to generate, I am satisfied that the suggested conditions referred to above could appropriately control the effects of the development, in terms of disturbance to residents on Mill Lane, so as to ensure appropriate living conditions. As such the development accords with CS Policies DM1, DM2 and CP1 which, taken together, require, amongst other things, development to not result in pollution or nuisance that unacceptably affects residential amenity. The development would also accord with the Framework in this regard, including paragraph 185. Other Matters 21. I have had regard to the appellant’s supporting evidence and assertion that the existing lawful use of the site is as a vehicle depot for a drainage maintenance company. I have also had regard to the appellant’s assertion that the use proposed under this application is a continuation of that lawful use.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision I consider, however, that the mobile cranes give rise to materially different planning circumstances to the previous use such that, as a matter of fact and degree, the development has resulted in a change in the definable character of the use of the site and that this amounts to a material change of use. 22. I acknowledge that the CHA initially advised, based on the limited information initially submitted with the application, that it would be unlikely to raise an objection to the development if the previous use of the site was confirmed as being lawful. In consideration of all the evidence before me, I have found, however, that the mobile cranes result in unacceptable additional harm to highway safety in comparison to the previous use of the site as a vehicle depot for a drainage company. Even if I were to accept the lawfulness of the previous use as set out by the appellant, the fallback position would be less harmful to highway safety and that limits the weight afforded to it. As such, it is not necessary for me to reach a firm view on the lawfulness of the previous use as set out by the appellant. 23.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special regard shall be had to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest that it possesses. I note the concerns that cranes passing within close proximity of Mill House, a Grade II Listed Building, may potentially result in damage to Mill House. There is no substantive evidence before me that indicates such damage is likely. Given the short period of time cranes pass Mill House on an established lane, the development would not harmfully impact on the significance or the setting of Mill House. https://www.gov.uk/planning-inspectorate 5

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special regard shall be had to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest that it possesses. I note the concerns that cranes passing within close proximity of Mill House, a Grade II Listed Building, may potentially result in damage to Mill House. There is no substantive evidence before me that indicates such damage is likely. Given the short period of time cranes pass Mill House on an established lane, the development would not harmfully impact on the significance or the setting of Mill House. https://www.gov.uk/planning-inspectorate 5

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/21/3274593 24. I have also had regard to other matters raised by interested parties including concerns that the cranes damage the road, drains and private property, and that the use is detrimental to the character of the area. I have not been provided with substantive evidence with regards to those other matters and consequently they have very limited bearing on my decision. As I am dismissing the appeal on the main issue of highway safety, it is not necessary for me to address those other matters further. Conclusion 25. Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations (including the Framework) indicate otherwise. There are no material considerations, either individually or in combination, of sufficient weight to outweigh the identified conflict with the development plan. 26. For the reasons above, the appeal is dismissed.

Creech Paper Mill, Mill Lane, Creech St Michael, TAUNTON, TA3 5PX — Somerset West and Taunton * — S D Castle INSPECTOR https://www.gov.uk/planning-inspectorate 6