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The Committee received report ES/1233 of the Head of Planning and Coastal Management, which related to planning application DC/21/5698/FUL.
That application sought planning permission for a single storey outbuilding within the rear garden of no. 60 Old Barrack Road, Woodbridge to be used for food preparation by the occupiers/owners in connection with their catering company.
The application was presented to the Planning Referral Panel on Tuesday 19 April 2022 as the 'minded to' decision of the case officer was contrary to Woodbridge Town Council's recommendation to refuse the application. In light of concerns raised in relation to potential impacts on local amenity from deliveries and noise/odour nuisance, the Planning Referral Panel considered there were sufficient grounds to debate the merits of the application at Committee.
The Committee received a presentation from the Planner, who was the case officer for the application.
The site location was outlined and the Committee was shown an aerial image of the application site.
The Committee received photographs of the site showing the front and rear of the host dwelling, the rear garden and an approximate position of the proposed location of the development, the rear access to the site and Peterhouse Crescent's proximity to the rear access to the site.
The proposed block plan was displayed and the Planner explained that the applicant had indicated the proposed outbuilding's use would be facilitated via access from Old Barrack Road only.
The Committee received the proposed elevations and floor plans for the proposed outbuilding.
The Planner summarised the Planning Practice Guidance on if planning permission was required to work from home and the application of the key test of whether the overall character of the dwelling will change as a result of the business. The Planner considered that, based on the evidence provided by the applicant, the primary use of the dwelling would remain as a home.
The recommendation to approve the application was outlined to the Committee.
The Chairman invited questions to the officers.
The Planner confirmed that the casual waiting staff employed by the applicant would not be visiting the site.
In response to a question on footfall on Peterhouse Crescent, the Planner said that the application did not propose accessing the site from that location and the proposed conditions restricted this, so no survey of pedestrian use had been completed as the road did not form part of the application site. The Planner explained that due to the size and nature of the application, it was not anticipated there would be a marked increase in the traffic on Old Barrack Road.
The Planning Manager advised that although planning permission could condition where waste was stored, waste disposal was not a material planning consideration.
The Chairman invited Daniel Smith, the applicant, to address the Committee.
Mr Smith explained that he operated a family run catering business founded by his mother, which was currently operated from a similar kitchen outbuilding at her home in Knodishall. Mr Smith described the company as providing outside catering and said that it employed staff on an ad hoc basis at booking venues only. Mr Smith said that prior to joining the business he had worked as a chef but owing to ill health had needed to moderate his hours since 2013, which he had been able to do working for the business.
Mr Smith said that his mother, following her own ill health in 2019, had elected to retire and subsequently there was a need to relocate the business operations. Mr Smith said that it had been concluded that the best option would be to relocate the operations to his own home in Woodbridge.
Mr Smith outlined that the application sought to create a similar setup to the one operated by the business in Knodishall, where it had enjoyed a positive relationship with neighbours. Mr Smith confirmed that all deliveries would either be collected by him or delivered with other household groceries. Mr Smith advised that a high-quality ventilation and extraction unit would be installed as part of the development.
The Chairman invited questions to Mr Smith.
Mr Smith confirmed that the individual dinner deliveries supplied by the company were not for one person but for groups up to a maximum of 10.
Mr Smith said that the size of outbuilding proposed was required to ensure that the operations could meet food hygiene and environmental health requirements and provide storage for items such as crockery and cutlery.
Mr Smith, when asked about the number of functions catered for in the space of week, noted that in the last week he had catered for two events and used the existing premises in Knodishall from Thursday to Saturday. Mr Smith explained that there would be some weeks where there was no work and other weeks where the work might be in the early part of the week. Mr Smith confirmed that the work was often seasonal.
The Chairman invited the Committee to debate the application that was before it.
Councillor Yule, who was the Ward Member for the application, considered that the proposed development and use was not suitable for a compact residential area and concurred with the objections raised by Woodbridge Town Council that it would negatively impact traffic on Old Barrack Road and Peterhouse Crescent, the latter being a busy road.
Councillor McCallum said she had been concerned about this application but in light of the information heard at the meeting and viewing the business' website was confident that the application was suitable for the area.
Councillor Bird said he had also listened to all the information presented and noted that the officer's report stated that the proposed operations could be undertaken in a domestic condition. Councillor Bird questioned why then such a facility as the one proposed was required, expressing concerned that the outbuilding would be similar in size to a small bungalow. Councillor Bird said the cooking was likely to be in excess of scale for domestic usage and agreed with Councillor Yule's comments about the suitability of the operation for a residential area.
In response to points raised during the debate, the Planning Manager (Development Management, Major Sites and Infrastructure) explained that planning permission was sought for the construction of the building and that the scale of operation by itself would not require planning permission. The Planning Manager clarified that the point in the officer's report about the scale of use being accommodated in a domestic kitchen had been made theoretically to show that the scale of operation could be classified as "working from home".
Councillor Hedgley supported the application and noted that the Council had encouraged people to work from home since COVID-19 and that it should be in favour of supporting endeavours like the one proposed.
There being no further debate the Chairman sought a proposer and seconder for the recommendation to approve the application, as set out in the report. On the proposition of Councillor Hedgley, seconded by Councillor McCallum it was by a majority vote
RESOLVED
That the application be APPROVED subject to the following conditions:
1. The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.
Reason: This condition is imposed in accordance with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby permitted shall not be carried out other than in complete accordance with the following approved drawing(s):
- Site location plan (Received 21 December 2021);
- 8093 - PA/21/01 A (Floor plan);
- 8093 - PA/21/03 A (Elevations);
- 8093 - PA/21/02 A (South West Elevations);
- 8093 - PA/21/04 A (Block Plan).
Reason: For avoidance of doubt as to what has been considered and approved.
3. The materials and finishes shall be as indicated within the submitted application and thereafter retained as such, unless otherwise agreed by the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interests of visual amenity.
4. No construction work shall commence on site before 08:00 and shall not continue after 19:00 Monday to Saturday, with none being undertaken on Sundays and Bank Holidays, unless otherwise agreed by the Local Planning Authority.
Reasons: To prevent noise pollution to adjacent residential properties.
5. Deliveries to and collections from the site as required in connection with the construction phase of the hereby approved development shall not be undertaken between the hours of 07:30 to 09:00 and 15:00 to 16:30 Monday to Friday, with none being undertaken on Sundays and Bank Holidays, unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
6. The hereby permitted use relates only to those activities reasonably required in connection with food preparation and for no other purpose whatsoever, unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
7. The hereby permitted food preparation use shall be operated solely by the owners/occupiers of the host dwelling with no other employees or third-parties whatsoever shall be allowed to operate from the site in connection with the permitted use unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
8. The working hours in connection with the hereby permitted food preparation use, shall only be between 08:00 and 20:00 Monday to Saturday, and between 10:00 and 16:00 on Sundays/ Bank Holidays, unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
9. Apart from loading and unloading of produce, no activities or process in connection with the hereby approved food preparation use shall be carried out outside the hereby approved building unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
10. Except for the owner’s own personal or business vehicle, deliveries to and collections from the site in connection with the hereby permitted food preparation use shall only be made via Old Barrack Road with none being made via the site's Peterhouse Crescent entrance unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
11. Prior to the occupation of the hereby approved development, an odour and noise risk assessment in accordance with the updated current guidance (i.e. 'Control of Odour and Noise from Commercial Kitchen Exhaust Systems - An update to the 2004 report prepared by NETCEN for the Department for Environment, Food and Rural Affairs') shall be submitted to and approved by the Local Planning Authority.
The risk assessment shall identify potential sources of odour/noise, pathways and receptors and make recommendations regarding the level of mitigation needed. The Local Planning Authority will be expecting that a rating level (LAeq) of at least 5dB below the typical background (LA90) is achieved. Any required mitigation/control measures shall thereafter be fully implemented in accordance with the approved measures.
Reason: In the interests of amenity and the protection of the local environment.
12. The hereby permitted use shall not commence until a scheme for the extraction, treatment and dispersal of fumes and odours has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the use commencing and thereafter retained and maintained unless otherwise agreed by the Local Planning Authority.
Reason: In the interest of amenity and protection of the local environment.
13. Before the installation of any extractor systems, fans, air-conditioning plant or refrigeration plant, and any other fixed plant, details of a scheme to attenuate noise and vibration shall be submitted to and approved by the Local Planning Authority.
The noise assessment must be undertaken by a competent person should be submitted to include all proposed plant and machinery and be based on BS4142:2014. A rating level (LAeq) of at least 5dB below the typical background (LA90) should be achieved. Where the rating level cannot be achieved, the noise mitigation measures considered should be explained and the achievable noise level should be identified and justified. Only the approved shall be implemented and retained thereafter.
Reason: In the interest of amenity and protection of the local environment.
14. Prior to the hereby approved development’s first use, a suitably surfaced footpath linking the proposed outbuilding with the host dwelling’s existing rear patio area shall be fully provided. The footpath shall thereafter be retained in connection with the permitted food preparation use.
Reason: To ensure that safe and suitable access between the permitted outbuilding and host dwelling is retained in connection with the permitted food preparation use.
Informatives:
1. The Local Planning Authority has assessed the proposal against all material considerations including planning policies and any comments that may have been received. The planning application has been approved in accordance with the objectives of the National Planning Policy Framework and local plan to promote the delivery of sustainable development and to approach decision taking in a positive way.
Councillor Deacon left the meeting at this point (4.15pm).