Agenda item

Laurence Hibberd spoke in opposition to the application.

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions. The application was for the removal of conditions 4 and 5 of planning application 14/04909/FUL. The officer explained that, following a further consultation with the Public Protection Team, the removal of condition 5 would not impact as the remaining conditions (concerning noise limits, closed doors, and limited hours of operation) were sufficient to control the noise impact on nearby residential amenities subject to the retention of condition 4.

There were no technical questions.

Members of the public then addressed the Committee as detailed above.

The Planning Officer responded to comments from the public and explained if parts of the application were acceptable that it was best practice to approve those parts and reject the others. In this instance, to approve the removal of the condition considered to be superfluous and to retain the condition that was considered necessary; the applicant could then appeal against the retained condition. 

Cllr Peter Hutton spoke on behalf of the local member, Cllr Nina Philips, and echoed the concerns expressed by the local resident concerning the noise impact of the site. The retention of condition 4 was welcomed as any increase in operational hours would severely impact local residents. The local member welcomed the recommendation but remained mindful of the noise impact and encouraged local residents to contact the Environmental Team if noise levels were too high.

In the debate that followed, the Committee thanked Laurence Hibberd for his account and for providing a clear picture of the impact on local residents. It was noted that the recommendation would ensure that the remaining conditions on noise, closed doors, and operational hours were sufficient to control the impact of noise on nearby residential amenities.

Resolved:

To GRANT planning permission for the removal of condition 5 of planning application 14/04909/FUL 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 rear doors and windows in the easterly facades of units 5 to 13, as shown on the submitted plans, shall remain closed at all times whilst the units are open for business;

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.

3.     During daytime hours of operation (0700-2300) the Rating Level due to activities and/or machinery operated in, on or around each unit shall not exceed 44 dB when measured at a point 3.5m from any dwelling; and

During night-time hours of operation (2300-0700) the Rating Level due to activities and/or machinery operated in, on or around each unit shall not exceed 35 dB when measured at a point 3.5m from any dwelling.

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.

4.     The B2 use hereby permitted shall only take place between the hours of 08:30 and 18:00 Monday to Friday and between 08:30 and 17:00 on Saturdays and 10:00 and 16:00 on Sundays.  The use shall not take place at any time on 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.

5.     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), the site shall be used solely for purposes within Class(es) B1, B2 & B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

REASON:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case.

6.     The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan

Existing Floor Plan

Noise Assessment

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

INFORMATIVE TO APPLICANT:

7.     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.