Agenda item

Public participation:

Mr Tucker and Mr Pearce spoke in support of the application.

The Senior Planning Officer outlined the report which recommended that the application for approval subject to conditions – including a recommended amendment to the condition in the report restricting hours of operation so that they corresponded with those in the original application. Therefore it was recommended that he wording of condition 6 should read as follows:

The use hereby approved shall only take place during the hours of 08:0 and 18:00 Monday to Friday, 08:00 and 13:00 Saturdays and not at all on Sundays, bank or public holidays.

Councillor Ernie Clark, as the local member, spoke in relation to the

application.

Members of the public were invited to speak on the application as listed above.

Issues discussed in the course of the debate included: the impact on amenity of neighbours, the operation of the business, the access to the site, the position of the business, the previous use of the building, the proximity to other buildings, the relevance of planning policies supporting rural life, the times of use, the impact of noise, the storage of materials, that character of the area and the appropriateness of the location of the business.

Councillor Ernie Clark proposed, and Councillor Dennis Drewett seconded, that the application be refused as the proposed development would result in an adverse impact on the amenity and character of the area, contrary to core policy 48.

The proposal, being put to vote, was lost. Councillor Ernie Clark’s vote for the motion to refuse was recorded.

In the subsequent debate it was noted that, as the application was retrospective, condition one did not apply and should be removed.

Councillor Jonathon Seed proposed and Councillor Pip Ridout seconded that the permission should be granted in line with the officers amended recommendations.

At the end of the debate the meeting;

Resolved to approve permission subject to the following conditions:

1.     The  development  hereby  permitted  shall  be  carried  out  in  accordance  with  the followingapprovedplans: LDC.1873_002,LDC.1873_001,LDC.1873_003and LDC.1873_004receivedthe16thDecember2014.

REASON:Fortheavoidanceof doubtandin theinterestsofproperplanning.

2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions / extensions/external alterations to any building forming part of the development hereby permitted and no plant or machinery shall be installed outside any such building on the site on the approved plans.

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations, or the installation of any outdoor plant/machinery.

3. No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site.

REASON:  In the interests of the appearance of the site and the amenities of the area.

4. No industrial processes, plant or machinery shall be carried out/installed outside any building on the site.

REASON:  In the interests of the appearance of the site and the amenities of the area.

5. The use hereby approved shall only take place during the hours of 08:0 and 18:00 Monday to Friday, 08:00 and 13:00 Saturdays and not at all on Sundays, bank or public holidays.

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.

6. All external windows and doors as detailed on Drawing Number LDC.1873_004 shall be kept closed at all times apart from when allowing access and egress.

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.

7. All building services and machinery shall be so sited, designed and maintained so that the noise does not exceed 5dB below the existing background level as measured at the nearest noise-sensitive dwelling and assessed in accordance with BS4142 2014

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.

8. No sound-amplifying equipment, loudspeaker, or public address system shall be installed/operated or music played within the premises hereby approved or its curtilage.

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.

9. The occupation of the site hereby permitted shall only be by the following persons Benjamin Tucker and Harry Tucker in association with the business known as Fallen Furniture. When the site ceases to be occupied by Benjamin Tucker or Harry Tucker for the use of the building in association with the business known as Fallen Furniture, the use hereby permitted shall cease [and all materials and equipment brought on to the premises in connection with the use shall be removed and the land/building restored to its former condition in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority.

REASON: Permission would not normally be granted for this development, but regard has been paid to the personal circumstances of the applicant which are considered, exceptionally in this case, to be sufficient to outweigh the normal planning policy considerations which would normally lead to a refusal of planning permission.

INFORMATIVE

The applicant is advised to seek professional advice with regard to the provision of suitable dust extraction equipment in order to further protect the health and safety of employees. 

Admin Note: Councillor Ernie Clark’s vote was recorded against the permission.