Variation of Condition 8 of Planning Permission DCCW2004/1679/F to allow for dot.com operations on Sundays between the hours of 9.00am and 4.30pm.

Variation of Condition 8 of Planning Permission DCCW2004/1679/F to allow for dot.com operations on Sundays between the hours of 9.00am and 4.30pm.

The Principal Planning Officer reported the following:

§         The applicant’s agents had requested that further consideration be given to the commencement of activities in the yard at 0900 to allow sufficient time for the cooling of on-board refrigeration and loading, contrary to the recommendation which stated 1000.  Officers had reviewed the matter further and considered that the recommendation reflected an acceptable start time commensurate with the operations at the store.

Councillor PJ Edwards, a Local Ward Member, noted that there were a number of ongoing concerns about the overall management of the store and related trading activities.  He commented on the unacceptable noise from the application site, especially when the new acoustic gate was left open contrary to a condition on a previous application.  He felt that any further expansion in hours should be resisted and that the 1000 commencement of activities should remain.  He requested that the applicant’s be reminded of their duty to adhere to conditions and ensure good management of the site.

Councillor GA Powell, also a Local Ward Member, noted that it was difficult to balance commercial needs against the residential amenity considerations.  She said that she reluctantly supported the recommendation by officers but asked that the situation be monitored closely by Planning Enforcement and by Environmental Protection.

In response to a question, the Principal Planning Officer confirmed that the twelve-month planning permission granted the previous year (DCCW2006/0869/F refers) had not been implemented and, in light of this, a further temporary planning permission was considered appropriate.

Councillor AT Oliver did not feel that there was justification for the expansion of activities on Sundays, demonstrated by the fact that the previous temporary permission was not implemented, and felt that the application should be refused.

Councillor PJ Edwards moved that, subject to the necessary amendments and an advisory letter to the applicant, the question be put and this was supported by a number of members.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.      The permission hereby granted is for the activities defined in the application (the "permitted operations") and shall endure for a trial period of 12 months.  Prior to commencement of the trial period the applicant shall notify the local planning authority in writing of the start date whereupon the local planning authority shall confirm in writing to the applicant the start and end dates of the trial period.  The permitted operations shall cease at the end of the trial period.

Reason: To define the start and end dates of the trial period and to enable the effects of the permitted operations to be assessed against the interests defined in Policy DR4 of the Herefordshire Unitary Development Plan 2007.

2.      No machinery shall be operated or delivery vehicles loaded in association with the dot.com deliveries before 0700 hours or after 2300 hours on weekdays and Saturdays or outside the hours of 1000 hours - 1630 hours on a Sunday or at any time on a Bank or Public Holiday.

         Reason: In order to protect the residential amenity of the area.

3.      On a Sunday no dot.com delivery vehicles shall leave or enter the premises outside the hours of 1100 hours – 1600 hours.

         Reason: In order to protect the residential amenity of the area.

4.      All access to the dot.com services area on Sundays shall be via Abbotsmead Road access which shall not be open until 1100 hours and thereafter shall be kept closed at all times other than to allow the immediate entry and exit of delivery vehicles and unless otherwise agreed in writing by the local planning authority.

         Reason: In order to protect the residential amenity of the area.

Informatives:

1.      For the avoidance of doubt the term dot.com delivery service refers to the internet home shopping and delivery services operated by the applicant.

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