Application to vary conditions 3 and 4 of planning permission 163117.

The Committee approved variations to conditions 3 and 4 for a 12 month period, and further amended the wording of the two conditions set out in the report.

(Variation to conditions 3 and 4 of planning permission 163117.)

 

The Principal Planning Officer gave a presentation on the application.  She reminded the Committee that the principle of use and development of the site had previously been agreed.  The application was to vary conditions 3 and 4 of an existing permission.  The key considerations in the determination of the current application related to the impact of the extended hours of working and operation upon the amenities of local residents and upon highway safety.

Condition 3 sought to control the hours of working on the site.  At present the hours during which working (with the exception of office based uses) could take place were restricted to 8.30am – 5.30pm Monday to Friday. The request was that this was extended so that working could begin at 8.00 am Monday to Friday with no change to the finish time. In addition to this, the applicants had requested that on sale days (maximum 2 days per month) they could start at 7.30am and that on Saturdays following a sale (maximum 2 days per month) they could operate from 8am until 2pm.   The applicant had stated that on sale days it was essential to stop a queue forming on Stoney Street prior to the site operating.  By unloading from 7.30am it eased the pressure on local roads during the school run and the peak commuting time

Condition 4 sought to control the delivery of plant and machinery and their loading and unloading within the site. At present this was restricted to between 9am and 5pm Monday to Friday. The request was to extend the hours in line with the suggestion for condition 3.  In addition to this, it was requested that the wording stated ‘collection and delivery’ rather than just ‘delivery’.

In accordance with the criteria for public speaking, Mrs P Breeze, a local resident, spoke in objection to the application.  Mr M Roberts, the applicant’s agent, spoke in support.

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 some local residents supported the application the majority were opposed to it.  The proposals would afford residents of Stoney Street no respite from additional noise and pollution.  A car boot sale regularly took place on Sundays but currently there was a reduction in traffic in the area on Saturdays.  The proposed Saturday working at Brightwells would remove this respite.

·        Brightwells was not adhering to the current conditions.

·        There was no Parish Council currently in place in Madley.  However, he believed that if there had been it would have been opposed to the application.

·        The local feeling was that whilst the economic value of the business to the County was recognised a limit had been reached.

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

·        It was suggested that whilst collections may be necessary on a Saturday following a Friday sale there should be no need for deliveries.  It would be preferable if the hours of operation on a Saturday during which collections only were permitted should be 10am to 2pm rather than 8am to 2pm.

·        The issue of vehicles queuing to enter the site should not be permitted to arise and the consequent request for an earlier opening time should not therefore be granted.  It was a matter of effective communication by the applicant.

·        There was some sympathy with the local residents concerns about the cumulative impact of Saturday working on their amenity.  It was noted that the type of heavy goods vehicles involved were extremely noisy.

·        The possibility of asking the applicant to move the sale day was considered.  Several members noted, however, that this day had been selected to fit in with other sales across the country.

·        Account needed to be taken of the requirements of Brightwells as an international business of economic importance to the County and the need for exporters to meet transport timetables.

·        The report stated that the applicants had been operating outside their permitted hours and it was understandable if residents were concerned as to whether the proposed new conditions would be enforced.  It was essential that if the application were approved residents were assured that conditions would be enforced.

The Principal Planning Officer commented that the application had been made in response to complaints from local residents about sporadic breaches of the current conditions.  The council had the authority to enforce conditions. 

The Development Manager commented that the cumulative impact on residential amenity created by the proposed Saturday working was a material consideration.  He noted that the traffic movements had been assessed and it was expected that the effect of the proposals would be to spread vehicle movements over a longer period, although this could not be controlled with regard to movements on the public highway.

He considered that it would not be appropriate to impose a condition to change the sale day without undertaking further consultation. The Committee could consider amending the conditions within the timeframes upon which consultation had been undertaken, but not beyond them.

The legal adviser commented that if it were to be proposed to change the sale day the committee should defer consideration of the application pending further consultation.  She added that the application needed to be considered having regard to the development plan.  In relation to enforcement the Committee only needed to consider whether conditions were correct and enforceable.

Several members suggested that permission should be granted for a twelve month period only to enable the impact of the extended hours to be assessed.

It was moved that the application should be approved in accordance with the recommendation as printed.  An amendment was moved In relation to condition 4 that the application should be approved as follows:  The collection and delivery of plant and machinery, their loading and unloading, shall not take place outside of the hours of 8.00am and 5.30pm Monday to Friday (7.30am on Sale days) and the collection of plant and machinery shall not take place outside the hours of 10.00am and 2.00pm on the Saturday following a sale day nor at any time on Sundays, Bank or Public Holidays, this permission to be valid for a 12 month period.

In relation to condition 3 an amendment was moved that the hours during which working may take place shall be restricted to 08.00am to 5.30pm Mondays to Fridays (7.30am - 5.30pm on sale days) and on the Saturday following a sale between 10.00am and 2.00pm with the exception of office based uses.  There shall be no such working on Sundays, Bank or Public Holidays, this permission to be valid for a 12 month period.

The Chairman emphasised that it was essential that the applicant complied with conditions the Committee approved.

The local ward member was given the opportunity to close the debate.  He concluded that if the conditions were enforceable the proposal as amended was acceptable.

RESOLVED:  That planning permission be granted subject to the following conditions:

 

1.         The development shall be carried out strictly in accordance with the approved plans (drawing nos. 0472/SK02 Rev A, PL-04 and PL-02 and PL- 06), except where otherwise stipulated by conditions attached to this permission.

 

            Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

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 (with the exception of office based uses) may take place shall be restricted to:

 

• 8.00am to 5.30pm Mondays to Fridays

• 7.30am - 5.30pm on sale days

• 10.00am and 2.00pm on the Saturday following a sale until the 12 July 2018 following which there shall be no such working on a Saturday.

• No such working shall take place on 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 collection and delivery of plant and machinery, their loading and unloading, shall not take place outside of the hours of:

 

• 8.00am to 5.30pm Mondays to Fridays

• 7.30am - 5.30pm on sale days

• No such working shall take place on Saturdays, Sundays, Bank or Public Holidays with the exception of the collection of plant and machinery, their loading and unloading, between the hours of 10.00am and 2.00pm on the Saturday following a sale until the 12 July 2018, following which there shall be no such working on a Saturday.

 

            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.         The soft landscaping scheme, as detailed on drawing number L1 Rev C shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period. The hard landscaping shall be completed prior to the first use of the development hereby permitted.

 

            Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

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 unless an alternative scheme is submitted to and approved in writing by the local planning authority. 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.

 

            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.

 

            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.

 

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.

 

            Reason: 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.

 

11        The modular buildings hereby permitted shall be removed on or before the 15th December 2018 and the land restored to its former condition in accordance with a scheme of work submitted to and approved in writing by the local planning authority.

 

            Reason: The local planning authority, because of the temporary nature of the building is only prepared to allow this building as a temporary measure, having regard to the rural character of the area and Policies SD1 and LD1 of the Herefordshire Local Plan - Core Strategy and LA2 of the Herefordshire Unitary Development Plan.

 

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          No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into.  Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement.

 

3          It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

 

4          This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.

 

            Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.