131913 - Variation of condition 15 of permission s102843/f to allow 2 no. Sales per month (fortnightly).

131916 – Variation of condition 4 of permission 102843 to allow sales of commercial vehicles.

The application was approved in accordance with the Case Officer’s recommendation, subject to officers being authorised to revisit conditions in consultation.

(Variation of condition 15 of permission s102843/f to allow 2 no. Sales per month (fortnightly) and variation of condition 4 of permission 102843 to allow sales of commercial vehicles.)

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

There were no public speakers.

In accordance with the Council’s Constitution, the local ward member, Councillor SD Williams, spoke on the application.

He made the following principal comments:

·        Whilst he had had no direct representations, when he had asked local residents for their views concerns had been expressed to him about the detrimental effects caused by the amount of traffic, including large vehicles, the auctions generated.  A number of allegations had also been made that weekend working had been taking place.

·        Madley Parish Council had requested that, if approved, traffic calming measures be provided on Stoney Street, the preference being for a chicane rather than traffic humps because of the noise those would generate; that the condition prohibiting weekend working be enforced and that priority be given to the proposed Traffic Regulation Order (TRO) for a speed limit that had been requested.

In the Committee’s discussion of the application the following principal points were made:

·        Members emphasised the importance of the conditions of any planning permission for the site being firmly enforced.

·        A concern was expressed that the statement at paragraph 6.3 of the report that the proposal would generate an additional 7-10 jobs at the site implied greater traffic generation than the assessment in the report suggested. 

·        The Transportation Manager commented that the TRO relating to a speed limit reduction was subject to consultation with the police and other parties and may not prove possible.

·        A number of members spoke in support of a speed limit.  A Member commented that he did not support traffic calming in the form of chicanes.

·        The Lead Development Manager commented that the applicants had indicated their willingness to work with the Parish Council on the TRO.

·        The highways impact was not so severe that the proposal should be refused having regard to paragraph 32 of the National Planning Policy Framework.

·        The Principal Planning Officer commented that the application had been lodged some time ago.  Comments in the report outlining concerns expressed by the Parish Council dated from 2013.  The planning service had raised complaints about breaches of conditions with the applicant and the Parish Council had made no comment in response to the two most recent consultations on the application.

The local ward member was given the opportunity to close the debate.  He re-emphasised the importance of the applicant adhering to any conditions attached to the planning permission, the prohibition on weekend working and the progression of the TRO.

It was proposed that officers be authorised to finalise conditions to ensure their robustness after consultation with the Chairman and local ward member.

RESOLVED:  That, in respect of both applications 131913 and 131916, officers named in the scheme of delegation to officers be authorised to grant planning permission subject to the following conditions (to be imposed on both applications), modified as necessary and any other conditions considered necessary by officers, after consultation with the Chairman and local ward member :

1.         B01 Development in accordance with the approved plans

2.         The premises shall be used for the auction (including administration of)         of agricultural and land based plant and machinery and equipment and       commercial vehicles and for no other purpose.

            Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policy SD1 and MT1 of the Herefordshire Local Plan – Core Strategy.

3.         The hours during which working may take place shall be restricted to 08.30am to 5.30pm Mondays to Fridays with the exception of office based uses.  There shall be no such working on Saturdays, Sundays, Bank or Public Holidays

            Reasons: In the interests of the amenities of the locality and in the interests of highway safety in accordance with Policy SD1 of the Herefordshire local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

4.         The delivery of plant and machinery, their loading and unloading, shall not take place outside of the hours of 9am and 5pm Monday to Friday nor at any time      on Saturdays, Sundays or Bank Holidays.

            Reason: In the interests of the amenities of the locality and in the interests of highway safety in accordance with Policy SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

5.         G11 Landscaping scheme - implementation

6.         The access shall be constructed and visibility splays (2.4m x 215m) provided and maintained in accordance with the details shown on drawing numbers WSP Drawing 0472/SK1 and 0472/SK02 Rev B.

            Reason: In the interests of highway safety having regard to Policy MT1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

7.         Prior to the first use of the site for the access to the north onto Stoney Street             shall be closed and land reinstated in accordance with the details shown on     drawing numbers WSP Drawing 0472/SK1 and 0472/SK02 Rev B. The access      shall be used for emergency vehicles only and for no other purpose.

            Reason: To ensure the safe and free flow of traffic using the adjoining County highway and to conform with the requirements of Policy MT1 of Policy MT1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

8.         Prior to the commencement of the second monthly auction Day a detailed updated traffic management plan shall be submitted to the local planning authority for approval.  This shall include, but not be limited to the information contained within the ‘Technical Note’ written by Transport Planning Associates dated April 2014.

            The approved plan shall be fully implemented prior to the first month of two auction days being held at the site and shall be retained in perpetuity unless otherwise agreed in writing by the local planning authority. Prior to the commencement of the second auction day, the operation of the site shall be undertaken in accordance with the Traffic Management Plan dated June 2011.

            A detailed record of the measures undertaken shall be retained as a written record and made available for inspection upon reasonable request.

            Reason: In the interests of protecting local amenities and having regard to highway safety in accordance with policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

9.         Auctions shall only take place on two days per calendar month (excluding     Saturdays, Sundays and Bank Holidays).  Auctions shall not take place          outside of the hours of 10am and 4pm on these days.

            Reasons: In the interests of protecting local amenities and having regard to highway safety in accordance with policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

10.       No external lighting shall be installed upon the site (including upon the external elevations of the building) without the prior written consent of the local planning authority. The approved external lighting shall be installed in accordance with the approved details and thereafter maintained in accordance with those details.

            Reasons: In the interests of protecting local amenities and landscape character having regard to in accordance with policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

INFORMATIVES:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2.         HN07 Section 278 Agreement

3.         HN01 Mud on highway

4.         HN05 Works within the highway