Continuation of use of yard at 10 Kyrle Street for the storage, movement and operation of 4 mobile coffee carts, 1 freezer cart, 1 fridge cart and 4 non HGV associated support vehicles.

Continuation of use of yard at 10 Kyrle Street for the storage, movement and operation of 4 mobile coffee carts, 1 freezer cart, 1 fridge cart and 4 non HGV associated support vehicles.

The Principal Planning Officer outlined the planning history of the site and advised that this application sought permanent permission following a two-year ‘trial period’ [application DCCE2006/3614/F refers].

Councillor MAF Hubbard, the Local Ward Member, declared a prejudicial interest at the start of the item but, in accordance with the Constitution [Appendix 12, Members Code of Conduct, Part 2, paragraph 12 (2)], wished to exercise the opportunity to speak for up to three minutes before withdrawing from the meeting.  Councillor Hubbard commented that there was an established mixture of residential and business uses in this area, that there was already significant background noise in the locality, and that the two-year trial period had only resulted in two complaints from one neighbouring property; with no statutory nuisance established in either instance.

In accordance with the criteria for public speaking, Mr. Watkins spoke in objection to the application on behalf of the occupants of 12 Kyrle Street and Mr. Rawlings spoke in support of the application.

Councillor ACR Chappell said that the temporary permission had not revealed any justifiable reasons for refusal of permanent planning permission.  He commented on the mixed characteristics of the surrounding area and noted there were numerous noise generating businesses in the locality.  He also noted that the terms of the licence from Herefordshire Council, to operate a coffee cart in Hereford High Town, necessitated a departure of one cart from the site at 06.00.  Therefore, he supported the application.

Councilor AM Toon noted that, although no statutory nuisance had been identified during the temporary permission, early morning operations inconvenienced local residents.  She considered that, with this application, a limit had been reached in the potential of this site to accommodate the business and suggested that the applicant might need to consider moving it to an industrial estate if further expansion was contemplated.

Councillor PJ Edwards questioned whether Permitted Development Rights could be removed to prevent any further intensification of use and, noting that there had been a complaint about noise from trailers scraping the pavement, suggested that the applicant be required to consider options for the escarpment of the access.  The Principal Planning Officer advised that the detailed description of the application meant that any proposed future development would require another planning application and, to reinforce this position, the numbers of carts and associated support vehicles permitted could be specified in the conditions.  He also said that an informative note could be added to the decision notice to highlight the need to address the escarpment of the access.

In response to questions from Councillor AP Taylor, the Principal Planning Officer advised that the application site was clearly defined and any possible changes of use associated with other premises or parking areas would need to be investigated separately.

Councillor DB Wilcox noted the problems often associated with having a mixture of residential and business uses in close proximity and also the difficulties of establishing statutory nuisance.  Therefore, he suggested an additional condition to require the applicant to undertake practical measures to limit noise.  Other members supported this.

Councillor AT Oliver considered that, in the interests of residential amenity, no carts and associated support vehicles should be permitted to operate or move before 0700 or after 2100.  Councillor DJ Benjamin considered that the business had started as a cottage industry but had now outgrown the site and supported the suggested amendment on hours of operation.

Councillor Chappell re-iterated the constraints of the licence granted to operate in High Town.  The Principal Planning Officer confirmed that the suggested amendment on hours of operation would prevent the applicant from complying with the licence requirements. 

The Principal Planning Officer said that the wording of the suggested noise condition needed to be more precise, to enable it to be enforced.  Councillor Wilcox commented that the condition should require the applicant undertake the best practicable means of minimising noise disturbance.

An amendment to restrict hours further failed and a motion to approve the application was then carried.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.       F02 (Restriction on hours of delivery).

Reason: To safeguard the amenities of the locality.

2.    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 and out of the yard between 6am and 10pm.

Reason: To safeguard the amenities of the locality.

3.      The permission hereby granted is for the use of land for the parking, storage and movement of four mobile coffee carts, one freezer cart, one fridge cart and four non HGV associated support vehicles only.

Reason: In order to define the terms of the permission in the interests of local amenity and to comply with Policies DR2 and E9 of the Herefordshire Unitary Development Plan.

4.      Best practicable means shall be implemented in the operation of the use hereby permitted so as to minimise noise disturbance for residential and other properties in the locality.

Reason: In order to safeguard the amenity of occupiers of nearby properties and to comply with Policy DR2 of the Herefordshire Unitary Development Plan.

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 - Approved Plans.

5.       The applicant shall undertake measures to ensure that vehicles and the attached carts can enter and exit the site without scraping/grounding on the driveway and/or adjoining pavement.