Agenda item

The Chairman thanked the Vice Chairman for presiding over the first part of the meeting

The planning officer, Steve Sims, presented the report which comprised an outline application for the use of the site for car boot sales for 6 additional days over and above the 14 days allowed under permitted development rights. It was recommended that the application be approved.

The key planning issues identified in the officer’s presentation were outlined, and comprised: the size and nature of the site; the impact on the adjoining and nearby highways; the impact on local residents and the business opposite; and the impact on the local economy.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to questions it was confirmed: that a previous application (in 2008) for the site had been refused. However, the previous application was for significantly more days and was based on a council policy which was now out of date; and that there were currently no operational or time restrictions on the current 14 days allowed under permitted development rights but that the committee could, if justified, condition the use of the site for the additional 6 days. Members were however informed that there had been no objections raised by the highways team around safety or increased congestion placed on the surrounding roads.

There were no members of the public in attendance who wished to speak.

Cllr Jonathon Seed, as the local unitary division member, spoke in support of  the application and highlighted the following key points: that the parish council had been concerned about the site for some time; that lots of local correspondence had been received with reference to the application; that the early time at which stall holders arrived to set up was a greater problem than the use of the site on principle due to the noise generated which caused problems for a neighbouring business; and that restricting the permission to a 7am start would be a way of mitigating that problem while balancing the needs of both businesses.

Cllr Jonathon Seed, seconded by Cllr Trevor Carbin, moved that the application be approved subject to a condition restricting access before 7am for the additional 6 days of use requested.

In the debate that followed, issues discussed included: that a restriction on start time would generate difficulties for car boot stall holders; that access on and off the site from the main road was difficult; that there was a recommended informative for a travel marshal to be located at the exit of the site; that approval of this application would not significantly impact the existing congestion of the road; that an early start time might lead to people queuing on the road; that enforcement of the time restriction might be difficult; whether the proposed condition was reasonable and enforceable; and that the interests of both businesses (the applicant and their neighbour) should be considered.

After a vote, the motion was lost

Cllr Jerry Wickham, seconded by Cllr Seed, then moved that the application be refused due to road safety and traffic concerns relating to access to the site.

In the debate that followed, issues discussed included: that the nearby highways junction routinely had traffic problems; that there had been fatal collisions along the road in question; that the previous application on the site had been refused on grounds of the impact on highways; that it would be hard to defend the refusal at an appeal given current use of the site; and that traffic on a Sunday morning was less than at other times.

It was clarified in response to queries that Highways officers had not objected to the proposed increased use of the site, and that evidence would be needed to justify any refusal on highway safety grounds to which the Council would need to be able to demonstrate severe residual cumulative highway harm.

After a vote, the motion to refuse was lost.

Cllr Graham Payne, seconded by Cllr Ernie Clark, moved that the application be approved for the reasons presented in the officer’s report.

The motion was debated and at the conclusion of the debate, it was:

Resolved:

To grant planning permission, subject to the following conditions and informative:

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: Location plan scale 1:2500, Site plan

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

3. The development hereby approved shall be limited to a maximum of 20 car boot sales in any calendar year.

REASON: In the interests of the character, appearance and amenities of the area.

INFORMATIVE TO APPLICANT:

In order to assist vehicles leaving the site in a safe manner, at least one traffic marshal should be available and positioned at the exit point.