Removal / variation of condition 10 of planning application DCCW2001/1848/F.

Removal / variation of condition 10 of planning application DCCW2001/1848/F.

The Central Team Leader explained the planning history of the site, the purpose of the application and reported that the Council's Environmental Health Officer had assessed the noise report submitted with the application which confirmed that there will be no discernible increase in noise levels to the detriment of adjoining residential properties.

In accordance with the criteria for public speaking, Mr. James spoke in support of the application.

Councillor H Davies, a Local Ward Member, did not consider that the business case for the extension of hours had been proven and said that she had not witnessed any shortages of fuel at the filling station.  Therefore, Councillor Davies did not feel that there was any reason to alter the existing delivery times.

Councillor GA Powell, also a Local Ward Member, concurred and commented that the noise and fumes from the filling station had significant impacts on residential amenity.

Councillor PJ Edwards considered that there was a case for refusing the application as being contrary to UDP Polices DR1 (Design), DR2 (Land Use and Activity), DR9 (Air Quality) and DR12 (Hazardous Substances).  He felt that the proposed extension of hours was excessive and unjustified; he added that, despite long periods of discounted prices, he had not witnessed any periods when the filling station had run out of fuel and the only deficiencies occurred during a strike by tanker drivers.  He also outlined problems with general management issues, such as litter, and commented on vapours and noise from the site, with extractor fans operating throughout the night.  However, if the Sub-Committee was minded to approve the application, Councillor Edwards felt that any extension should be limited to increased hours on Saturday afternoons only to address the concern about potential shortages at weekends and Bank Holidays.

A number of members supported the views of the Local Ward Members, commented on the disruption to local residents and questioned the need to extend the hours to the level proposed.  In response to a question, the Central Team Leader advised that the application sought more flexibility in delivery times and it was not anticipated that it would result in more fuel tanker traffic to the filling station.  The Central Team Leader also reminded the Sub-Committee that the noise report identified that the noise associated with delivery events did not exceed background noise levels.

Councillor AM Toon questioned whether refusal of planning permission could be sustained on appeal and suggested that a modest increase in hours could be granted to meet operational requirements, with the same 1000 - 1600 hours provision on Saturdays as was permitted on Sundays.  Councillor Toon noted the concerns about air quality, particularly for residents with children, and felt that an extension of hours into the evening was unacceptable.

Councillor MAF Hubbard questioned the times when the noise assessments had been undertaken and felt that the impact on residential amenity should not be underestimated.

Councillor Edwards noted that an extension on Saturdays might be a reasonable way forward and commented on the difficulties associated with proving noise nuisance.

Councillor DB Wilcox noted that the current condition allowed deliveries at 08.00 on Saturdays and suggested, to meet the identified business needs, that the revised condition should be 0800 - 1600 hours on Saturdays, with one delivery permitted between 1000 – 1600 hours on Sundays and to cover Bank Holidays.

Consequently, the Central Team Leader advised that the revised delivery times would be:

0800 - 1800 hours Monday - Friday

0800 - 1600 hours Saturdays

1000 – 1600 hours, one fuel tanker delivery on Sundays and Bank Holidays.

RESOLVED:

That planning permission be granted subject to the following condition:

1.      The permission hereby granted is an amendment to planning permission CW2001/1848/F dated 8 September 2003 and, otherwise than is altered by this permission, the development shall be carried out in accordance with that planning permission and the conditions attached thereto.

         Reason: For the avoidance of doubt and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

2.      The loading and unloading of service and delivery vehicles to the petrol filling station together with their arrival and departure from the site shall not take place outside the hours of 0800 to 1800 hours Mondays to Fridays; 0800 to 1600 hours on Saturdays; and one fuel tanker delivery between the hours of 1000 to 1600 hours Sundays and Bank Holidays.

         Reason: To safeguard the amenities of the locality and comply with the requirements of Policies DR1, DR2 and DR13 of the Herefordshire Unitary Development Plan.

Informatives:

1.      N19 - Avoidance of doubt - Approved Plans.

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