Agenda item

Change of use of B1(a), B1(b) areas to sui generis use of, car auction room storage facility with members area and reception. (B8 use class to remain) including extensions and alterations to the units.

Public Participation

Andrew Fleet spoke in objection of the application.

Tony Apps spoke in objection of the application.

Tim Mayneord spoke in support of the application.

Cllr Owen Gibbs spoke on behalf of Brinkworth Parish Council.

 

Development Management Team Leader, Lee Burman, presented a report which outlined the Change of use of B1(a), B1(b) areas to sui generis use of car

auction room storage facility with members area and reception. (B8 use class to remain) including extensions and alterations to the units.

 

Details were provided of the site including the principle of development, impact on the character, appearance and visual amenity of the locality/open countryside, impact on residential amenity, impact on highways/parking requirement, impact on heritage assets (archaeology).

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on the current operational hours of the units as well as the proposed extension of hours, as well as clarity regarding when the current conditions had previously been applied to unit 10.

 

Clarity was also sought regarding the permitted number of visitors each day, as well as whether vehicles would be permitted to be test driven and whether noise would be limited by conditions.

 

Members of the public then had the opportunity to present their views to the Committee as detailed above.

 

The Local Unitary Member, Councillor Elizabeth Threlfall, then spoke regarding the application. Key points included doubts regarding the business model with the virtual nature of the business meaning that buyers wouldn’t view or start the car before purchasing. Councillor Threlfall cited that the design and access statement suggested two journeys in and out of the site for vehicles, however this would potentially ignore trips out of site for car maintenance.

 

Additionally, Councillor Threlfall questioned whether the three permitted members a day would include members of the P1 club and additionally it was unclear how visitor numbers would be monitored. Councillor Threlfall also stated concerns regarding the potential extension of opening hours from 8am-8pm, citing that in the summer this would be time for families to be outdoors, as well as the road being part of the Sus-Trans cycle way.

 

At the start of the debate a motion to move and accept the officer recommendation was moved by Councillor Chuck Berry and seconded by Councillor Grant. An amendment was accepted to Condition 3 regarding the permitted hours of operation for units 10,11 and 12. Additionally, it was agreed to amend Condition 5 to provide clarity regarding the three permitted daily visitors. Furthermore, a friendly amendment proposed by Councillor Bucknell to add a condition to prevent gathering events from being arranged was accepted.

 

During the debate the issues included, such as the opening hours of the units and whether these could be altered to appease both the applicant and public. It was also questioned as who would constitute the three visitors to the site a day. Concern was also raised regarding potential gatherings that might be organised on site 28 days per annum under permitted development rights, which would potentially cause noise.

 

At the conclusion of the debate, it was,

 

Resolved:

 

That Planning Permission is GRANTED subject to the following conditions:

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following approved plans: drg no.505.1.101 (proposed units floor plans) & drg no.505.4.100 (proposed unit’s elevations) [Received by the LPA on the 26th of March 2021] & location plan [Received by the LPA on the 22nd of July 2021].

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3. The sui generis use for car auctions at Unit 11 & 12, Callow Park, Callow Hill, Brinkworth, SN15 5FD shall only operate during the hours of 08:00 to 18:00 hours Monday to Friday; 08:00 and 13:00 hours on Saturdays and not at all on Sundays, bank and public holidays unless otherwise agreed in writing by the Local Planning Authority.

 

The B8 use in unit 10 of the same address and including delivery and dispatch of goods to and from the site shall be limited the hours of 07:00 and 20:00 Mondays to Saturdays and 10:00 and 17:00 on Sundays and Bank and Public Holidays unless otherwiseagreed in writing by the Local Planning Authority.

 

REASON: In the interests of character and appearance of the site and residential Amenity.

 

4. There shall be no test driving of vehicles to or from the site or within the site; and the use of the members room detailed on the first floor in drg no.505.1.101 (proposed units floor plans) shall be limited to staff and three visiting members of the car auctions use herby permitted per day.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

5. The development/business hereby permitted shall be carried out in accordance with the Design & Access Statement submitted for units 10, 11 & 12 at Callow Park: [Received by the LPA on the 22nd of July 2021] in that a maximum of 3 non employees / staff to the site per day is approved; Car Auctions held will be virtual/online and not in person on site; and the use permitted is solely for the purposes of virtual car auctions, storage of vehicles for sale in auctions and related offices and ancillary uses.

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

6. Noise emissions attributable to internal and external operations shall be limited to a level not exceeding the background sound level when measured at a height of 1.5 m above ground level using a fully calibrated class 1 sound level meter at the boundary of the nearest residential dwelling. The background sound level shall be expressed as an LA90 1 hour and the ambient sound levels shall be expressed as an LAeq 1 hour.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

7. The development shall operate in accordance with the Travel Strategy approved under application 18/04263/FUL [Received by the LPA on the 1st of August 2018] and the Travel Strategy Addendum [Received by the LPA on the 22nd of July 2021] submitted under this application.

 

REASON: In the interests of reducing the amount of private car movements toand from the development.

 

8. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those listed on the application form received by the Local Planning Authority on the 26th of March 2021.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no motorcar or motorcycle racing including trials of speed and practicing for these activities.

 

REASON:  In the interests of residential amenity.

 

10. INFORMATIVE TO APPLICANT:

 

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

11. INFORMATIVE TO APPLICANT:

 

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

12. INFORMATIVE TO APPLICANT:

 

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required, it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

13. INFORMATIVE TO APPLICANT:

 

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.