Variation of Condition 4 of planning consent ref. no. DCCE2006/2424/F to permit movement of one cart and associated support vehicle in the yard, and into and out of the yard between 6.00am and 10.00pm.

Variation of Condition 4 of planning consent ref. no. DCCE2006/2424/F to permit movement of one cart and associated support vehicle in the yard, and into and out of the yard between 6.00am and 10.00pm.

The Central Team Leader reported the following:

§      the receipt of two further letters of support;

§      the receipt of an additional letter of objection from Gabbs Solicitors on behalf of a local resident;

§      information had been received from the Environmental Health Manager about the extent of noise monitoring that had been undertaken; and

§      the requested extension in hours would apply to one coffee cart and associated support vehicle only and a two-year permission was sought to enable the applicant to operate a viable business.

In accordance with the criteria for public speaking, Mr. Wilding spoke against the application and Mr. Rawlings spoke in support of the application.

The Chairman sought clarification about the ‘Coffee Cart’ licensed by Herefordshire Council to operate in High Town.  Later in the meeting, it was confirmed that the licence permitted service between 6.00 a.m. and 9.00 p.m..

In response to a question, the Chairman suggested that the level of trade at the High Town location was not a material planning consideration.  The Legal Practice Manager commented that the application had to be considered on its planning merits and the current operation appeared to be lawful.

Councillor Ms. A.M. Toon sympathised with the objector and felt that the operation would be better sited on an industrial site.  She also commented on the need for proper scrutiny of street trading operations.  Councillor Mrs. E.A. Taylor questioned whether the operation had outgrown the site and felt the disturbance to the neighbouring property in the early hours of the morning was unacceptable.

Councillor A.C.R. Chappell clarified the street trading licensing process and advised that on site set up had to be undertaken around 6.00 a.m. in the interests of pedestrian safety.  Councillor Chappell drew attention to the number of other businesses and non-residential activities in the locality and did not feel that this proposal, subject to conditions, would result in significant additional harm to the amenities of the locality.

Councillor D.B. Wilcox commented that many of the businesses in the area did not start as early as 6.00 a.m. and, therefore, this proposal would have a direct impact on the adjacent residential property.  He questioned how the proposed conditions could be enforced, perhaps with the registration details of the specific vehicles involved, and felt that the overriding consideration was the potential disturbance to the neighbour.

The Development Control Manager commented that a temporary two-year permission would provide the opportunity to assess the use and any harm caused.  He also commented on the planning policy considerations.

In response to questions about previously approved schemes, the Legal Practice Manager advised that a planning permission did not supersede an earlier approved scheme until it was implemented in some form.

In response to a question about whether planning permission could be revoked if significant noise disturbance resulted from the use, the Development Control Manager advised that the planning permission would be for two years but action to mitigate disturbance could be considered under Environmental Health legislation.

A number of different views were expressed by Members both in support of the application and against.  The Central Team Leader drew attention to the ‘fall back’ position of a previous planning permission and commented that this application provided the opportunity to control activities on the site.

The Chairman, speaking in his capacity as the Local Ward Member, expressed sympathy for the concerns of the neighbour but noted the various mixed uses in the area.  He commented that Environmental Health had undertaken noise monitoring in the past but the case had not been proven.  Therefore, given the specific nature of the application, he did not feel that there were sufficient grounds to warrant refusal of the application.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.         A01 (Time limit for commencement (full permission)).

            Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.         E02 (Restriction on hours of delivery).

            Reason: To safeguard the amenities of the locality.

3.             Notwithstanding the connections of the freezer and fridge carts to a mains power supply, the coffee carts and support vehicles described in the description of development shall not be moved or operated in the yard or moved into or out of the yard before 7am or after 9pm on any day except in the case of emergency, with the exception of one cart and its associated support vehicle which shall be permitted to be moved into or out of the yard between 6am and 10pm.

            Reason: To safeguard the amenities of the locality.

4.         This consent shall expire on the 17th January, 2009.  Unless further consent is granted in writing by the local planning authority prior to the end of that period, the restrictions on activities on site shall revert to those as approved by virtue of planning permission DCCE2003/0405/F, or DCCE2006/2424/F if said permission has been implemented.

            Reason: To enable the local planning authority to give further consideration of the acceptability of this proposed use after the temporary period has expired.

5.         The permission hereby granted is an amendment to planning permission CE1999.2467/F (as amended by application DCCE2003/0405/F and DCCE2006/2424/F) and, otherwise than is expressly altered by this permission, the conditions attached thereto remain.

            Reason: For the avoidance of doubt.

6.         Before the development hereby permitted commences a scheme shall be agreed wit the local planning authority which specifies the provisions to be made for the monitoring of, and control of, noise emanating from the site.  The use shall be carried out in accordance with the approved details.

            Reason: In order to protect the amenity of occupiers of nearby properties.

Informatives:

1.         N01 - Access for all.

2.         N03 - Adjoining property rights.

3.         N15 - Reason(s) for the Grant of PP/LBC/CAC.

4.         N19 - Avoidance of doubt.