14 October 2011 - St Albans City & District Council

Appeal Decisions APP/B1930/A/l0/2138110
& APP/B1930/A/ll/2148253
the cold store is not excessive for the reasonable purpose of storing several
days of Smallford Nurseries produce.
20. During the winter, between November and January, the cold store would be
empty. However, such a situation is analogous with a barn or grain store prior
to a harvest. As a consequence, by itself the fact that the store will be empty
for part of the year does not indicate that the building is too large for
its purpose.
21. There is a large amount of free space surrounding produce in the cold store
even when it is full to capacity. In order to maintain the quality of the product
an indirect airflow of cool air is necessary. This requires free space around the
product. The greater the space the greater the mass of cool air and the better
the cooling effect. No technical evidence on the dimensions of the building
necessary for efficient refrigeration was presented to the Inquiry. Given that in
design terms the optimum solution is one which fulfils the performance criteria
sought at minimum cost, I have no reason to believe that the building is
significantly taller or larger than it needs to be in order to efficiently cool stock.
22. I recognise that the Inspectors in relation to the previous cold store appeals
found that the building was far larger than was necessary for Smallford grown
produce alone. However, both Inspectors visited the cold store during the
colder months of the year when little produce is grown at Smallford. They also
did not have the benefit of the additional evidence presented to the Inquiry and
tested under examination on horticulture and operation of the cold store.
23. Taking all these matters into account, I therefore conclude that if the cold store
had been built for Smallford Nursery only produce it could justifiably occupy
much the same space as the existing building. As a consequence, whilst there
is an adverse effect on openness this is commensurate with a storage facility of
sufficient size to meet the needs of the Smallford Nurseries for a legitimate
purpose contained within PPG2. This is a consideration of Significant weight in
favour of the appeal.
Planning obligation
24. A planning obligation to surrender planning 2 permissions, one for a storage
building (5/2008/1051) and the other for an office building
(APP/B1930/A/99/1019917/P7), and the demolition of the water tower,
chimney and boiler house was submitted to the Inquiry. The agreement has
been assessed having regard to the tests in Circular 5/2005. I find that the
agreement satisfies the tests in the Circular.
Conditions
25. For the reasons already given it is necessary to limit the use of the cold store
to produce grown only at Smallford Nursery and to make good the cladding to
the building. I have required both matters by condition, revising the Council's
suggested conditions where necessary to better reflect the requirements of
Circular 11/95 'The Use of Conditions in Planning Permissions'. An additional
condition requiring the demolition of the water tower, chimney and boiler house
would ensure in a readily enforceable manner that this work is carried out. I
have therefore also attached this condition.
http://www .planning-inspectorate.gov.uk 5