Variation of Conditions 1 & 2 of planning permission no. CE2003/0405/F.  (1) - To permit storage of 4 mobile coffee carts and non hgv associated support vehicles.  (2) - To permit area shown on plan SK02/78/2A to be used for storage of 4 mobile coffee carts and non hgv associated support vehicles.

Variation of Conditions 1 & 2 of planning permission no. CE2003/0405/F.  (1) - To permit storage of 4 mobile coffee carts and non hgv associated support vehicles.  (2) - To permit area shown on plan SK02/78/2A to be used for storage of 4 mobile coffee carts and non hgv associated support vehicles.

The Senior Planning Officer reported the receipt of additional information about the use of the chiller unit trailer and the freezer unit trailer and advised that the Environmental Health Manager recommended an additional condition in respect of noise mitigation measures.

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

The Chairman, speaking in his capacity as the Local Ward Member, felt that a temporary two-year permission would provide sufficient time to monitor the situation and to give further consideration to the acceptability of the proposed use.

In response to questions, the Senior Planning Officer explained the use of the mobile coffee carts and associated support vehicles.

A number of Members felt that, given the proximity of residential properties and intensification of site usage, further restrictions were necessary in order to preserve the amenities of the locality.  Therefore, it was proposed that the one year temporary be granted and that, in addition to a restriction on hours of delivery, non-sedentary commercial activities be restricted between the hours of 9.00 p.m. and 7.00 a.m..

The Senior Planning Officer commented that this application provided the opportunity to control on-site activities and noted that the Environmental Health Manager had not raised any objections subject to conditions.  Some Members commented that a degree of disturbance was inevitable in such city centre locations and noted that there were other businesses nearby that generated noise.

The Senior Planning Officer reminded the Sub-Committee that the applicant could revert to the extant planning permission which had limited restrictions.  The Legal Practice Manager suggested that an earlier start might mitigate risks to the viability of the business but a number of Members maintained that the suggested hours of operation were necessary in this instance.

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.      A06 (Development in accordance with approved plans).

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3.      E02 (Restriction on hours of delivery).

         Reason: To safeguard the amenities of the locality.

4.            Notwithstanding the connection 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 area or moved into or out of the yard before 7.00 am or after 9.00pm on any day except in the case of an emergency.

Reason: To safeguard the amenities of the locality.

5.      This consent shall expire on the 25th September, 2007.  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.

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

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

         Reason: For the avoidance of doubt.

7.             F02 – Scheme of noise attenuation measures

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.

[Note: Councillor Mrs. P.A. Andrews and Mrs. E.M. Bew wished it to be recorded that they felt that the proposed restrictions on hours would be too limiting for the business.]