To consider an application which has been referred to the Committee because the Central Area Planning Sub-Committee was mindful to refuse it contrary to recommendation. 

For:      Tesco Stores Limited per DPP LLP, 14 Windsor Place, Cardiff, CF10 3BY

Ward: Belmont

The Central Team Leader presented the report of the Head of Planning and Transportation.  He said that at its meeting on 5th November, 2008, the Central Area Planning Sub Committee had been mindful to refuse the application contrary to Council policy and officer advice.  The Sub-Committee was concerned at the failure of the company to maintain the noise barrier and leylandii screen along the boundary, that the noise barrier was inadequate and there was pollution from vehicle engine fumes.  There had been a discussion about the extent of any previous complaints and to whom they were addressed.  A number of suggestions had been proposed including a further trial period with additional conditions requiring further noise and attenuation work.  The Sub-Committee was of the view however that the result of the trial period was that the operation of the business on a Sunday was not acceptable. He informed the Committee that the Sub-Committee had been advised that the only record of complaint was during the planning application process and not through the trial period.  A noise assessment had been considered by the Environmental Protection Manager who had concluded that subject to control over the hours of work there was no objection to the proposal.  The Central Team Leader was of the view that if the applicants lodged an appeal, it would be difficult for the Council to defend a refusal.  He suggested that the following alterations to the proposed conditions attached to an approval of the application would help to overcome the concerns that had been raised by the Sub-Committee and the Local Ward Members :-

delete recommended condition 1;

insert the following conditions: -

1. 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 and Public Holiday.

Reason: In order to protect the residential amenity of the area and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

2. 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 and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

3. 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 and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

Add the following Informative Note.

2. For the avoidance of doubt the term dot.com delivery service refers to the internet home.

Councillor PJ Edwards, one of the Local Ward Members, said that he had found the company to have little regard for the impact of their business on neighbouring properties and that they had failed to properly maintain the boundary leylandii tree screening and the acoustic fence.  He accepted that it would be difficult to refuse the application but felt that the fence, trees and hedges needed to be properly maintained and that the acoustic fence needed to be extended beyond the second gate for it to be properly effective.  Councillor H Davies, another Ward Member, shared these concerns and also felt that the applicants had not observed the planning conditions and had no consideration for local residents.  The Central Team Leader said that the proposed planning conditions would overcome the objections.  He was also prepared to monitor the situation to ensure that the company complied with those conditions.  He pointed out that two trial periods had been granted to the company and that no objections had been received during that time.

The Committee discussed the details of the application together with the suggestions that had been made to limit the noise disturbance to local residents.  Councillor KS Guthrie asked if conditions could be imposed to ensure maintenance of the hedge.  The Head of Planning and Transportation said that it would be difficult to impose conditions but that the company could be written to about the concerns. The Central Team Leader said that he was prepared to meet the manager of the store to discuss these matters.  Having considered all the issues that had been raised, the Committee felt that the application could be approved with the changes to the conditions proposed by the Central Team Leader.

RESOLVED THAT

planning permission be granted subject to the following conditions:

1.      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 and Public Holiday.

Reason: In order to protect the residential amenity of the area and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

2.      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 and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

3.      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 and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

INFORMATIVES:

1.            N15 – Reasons for the Grant of PP/LBC/CAC.

2.            For the avoidance of doubt the term dot.com delivery service refers to the internet home