6
The Committee considered report ES/0937 which gave details of the planning application for the change of use from Water Machine manufacturing and distribution to Car Repairs and Sales premises by appointment only, including existing workshops at the rear, existing showroom at the front, existing offices adjoining the showroom, and the display of vehicles on existing concrete hardstanding at the front of the buildings.
The unauthorised use was the subject of an open enforcement investigation and the retrospective application before the Committee sought to regularise the situation to consent the continued operation at the site.
Members received a presentation showing the site location, aerial view, photographs of the site, access, street scene and the layby which was not in the ownership of either the nearby residents or the applicant. A block plan of the site showed premises for dual use of car sales and servicing/repairs and various parking areas. The roller doors on the workshop were proposed to be kept closed to reduce any noise emanating from the site. The southern boundary was quite open so proposed hedgerow planting secured by condition would provide screening for the future.
The Principal Planner advised on the material planning considerations and key issues and explained that, whilst the retrospective nature of the application was unfortunate, the application had to be considered on merit. With appropriate planning conditions, it was considered that the use of the site could be properly controlled and managed so as to be acceptable in planning terms. It would also allow the continued operation of the site and the employment benefits that the use delivered. Approval was being recommended and the precise wording of the proposed conditions was as set out in the update sheet that had been circulated the previous day.
Members raised questions relating to:
- The effectiveness of the shutter door on the north side being closed.
- Issues associated with the exist splay.
- Removal of Highways objection.
The Principal Planner explained that whilst the terrace of cottages were on the east side of the site, the was one dwelling to the north and the shutter doors being closed would help limit the noise reaching that dwelling. There should be no major issues with access onto the road as the site a long-standing commercial vehicle access and the fall back position for the site was that a B8 use could be carried out.
The Chairman invited public speakers to address the Committee.
As an objector and near neighbour, Mr G Fereday advised the Committee of the disturbances that had been ongoing over the last 22 months with long hours of operation from 6.30am until late at night sometimes up to midnight. The premises were still opening at 7.20am and the roller doors were left open causing constant noise from the workshop activity. Also, noise and over spray from the pressure washing was ongoing on a site that had no permission for pressure washing. In addition to that over a long period of time, there had been issues with language that was used. Mr Fereday confirmed that he had asked the owner to keep the shutter doors closed and in December 2020 the Council's own Environmental Health Officer had asked for the doors to be kept closed. That had never happened. If permission was to be granted, the least that could be done was to ensure the premises were closed on Sundays and Bank Holidays and on other days, at a sensible time.
The applicant's agent, Mr J WIlkinson, advised that the use of the premises was in accordance with policy and, whilst retrospective was regrettable, the application before Members had progressed through the planning process. The operation was providing an abundance of benefits including 14 jobs and also a service that was in demand in the area. Car sales were to be by appointment only. It should be noted that Environmental Health had no objection and there were no issues with access into the site. Any agreed conditions would be enforceable and he considered that the benefits outweighed any harm. Mr Wilkinson asked that the Committee support the officer's recommendation.
The Chairman invited questions.
Members raised issues relating to the B Class use, oil/water drainage, adequate parking being provided for employees, and compliance with any conditions proposed.
Mr Wilkinson advised that the history of the site was well documented in the officer's report and the Town and Country Planning Act allowed retrospective applications. Tanks were in place for oil collection so that it did not get into surface water drainage system and trade contractors would come in every three months for its removal. Whilst 14 were on the payroll, eight full-time and six part-time, not all staff were on site at the same time. There should be sufficient space for employees to park on site and Mr Ellis, the applicant, confirmed employees should have no need to park in the layby used by local residents. If approved, Mr Wilkinson confirmed the business would comply with operating hours specified in any agreed conditions.
During the ensuing debate, Members commented on their disappointment that the application was retrospective and believed that the proposed conditions to be imposed would help overcome some of the issues and objections that had been raised. Whilst it was noted that pressure washing would continue, any noise issues from that part of the operation could be considered as a potential statutory nuisance via Environmental Health enforcement. There being no further discussion, it was
RESOLVED
That permission be granted, subject to the following conditions:
1. The development hereby permitted shall be completed in all respects strictly in accordance with Drawing No. 82021-PL01 (received 15 October 2021), for which permission is hereby granted, or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
2. The hours of working and operation, including opening to the public, shall not take place outside the hours of 08:00 to 17:00 Monday to Saturday.
There shall be no working/operation, or opening to the public, on Sundays and Bank Holidays.
Reason: in the interest of the local residential environment, to ensure that the use is not carried out at times that would be harmful to local living conditions.
3. The 4no. visitor car parking spaces shall be laid out, marked appropriately, and made available within 3 months of the date of this permission. The visitor parking spaces shall only be used for visitors to the site, and not used for the parking/display of sales vehicles or the parking of vehicles subject of servicing, repair, or valeting. The visitor parking spaces shall be retained solely for the approved purpose.
Reason: In the interest of local amenity and highways safety, to ensure that visitors to the site do not park on the highway or in the adjacent layby area.
4. No more than 23no. (twenty-three) sales vehicles shall be parked/displayed outside of the building, and those vehicles shall only be parked/displayed in those areas marked for that purpose on the approved block plan (no. 82021-PL01).
Reason: in the interest of visual amenity, and to ensure that there is sufficient manoeuvring space within the forecourt area.
5. During hours of operation, the roller door to the loading bay on the northern side of the building shall remain closed at all times and only opened to allow for the transport of goods and/or vehicles into the building workshop areas.
Reason: in accordance with the recommendations of the submitted Acoustic Assessment, to ensure that noisy activities are confined to the interior of the building and sound levels mitigated by the building fabric.
6. Within three months of the date of this permission, a landscaping scheme to detail hedgerow planting on the southern edge of the site shall be submitted to and approved by the LPA. The planting scheme will then be implemented at the first available planting season and shall thereafter be retained and maintained for a period of 5 years. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season and shall be retained and maintained.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
Note: Having declared an interest in Agenda item 7, Councillor Cooper left the meeting at 2.51pm.