Agenda item

Variation of condition 9 (Delivery Times) of planning permission ref: 36969/APP/2013/918, dated 16/03/2013, to extend the stores delivery hours (Variation of condition 1 of planning permission ref: 36969/APP/2011/2450 dated 02/12/2011 to extend opening hours).

Recommendation: Approval

Variation of condition 9 (Delivery Times) of planning permission ref: 36969/APP/2013/918, dated 16/03/2013, to extend the stores delivery hours (Variation of condition 1 of planning permission ref: 36969/APP/2011/2450 dated 02/12/2011 to extend opening hours).

Officers introduced the report and highlighted the changes set out in the addendum.

Officers explained the application sought a variation to existing planning permission to permit deliveries between 0600 and 2300 Monday to Saturday and 0800 and 2300 on Sundays and Bank Holidays.

The Committee heard the applicants had submitted a noise survey which had demonstrated the noise resulting from the extended delivery hours would not significantly detract from the residential amenities of occupants of nearby properties.

Officers confirmed numbers 5 and 7 Kingsend were derelict and the Council's Environmental Protection Unit (EPU) had reviewed the application and confirmed it was acceptable.

A Ward Councillor attended the meeting and raised the following points:

·         The Committee were urged to be cautious in this case.

·         Although 5 and 7 were derelict, the tenants from 15 Kingsend had only just moved in.

·         The strong residential character of the area meant that local residents using their gardens and balconies would be directly affected by the delivery noise.

·         The nature of the site encouraged existing delivery drivers to reverse into the site which caused nuisance due to the high pitched collision warning sounds.

·         The Ward Councillor was unaware a noise survey had taken place and as far as he was aware, local residents had not seen or commented on this.

During the course of discussions a number of points were raised. In relation to the noise associated with HGV's and goods lorries reversing, officers advised that there may be safety issues if reversing alarms were not operational at this site. Members also enquired about the hours of operation and whether or not, 2300 meant that all lorries had to have left the site by this time. Officers confirmed that by 2300, all activities had to have ceased on the site.

The Committee asked about parking in the service road and whether or not this was an issue as it might inhibit the movement of delivery vehicles. Officers explained that historically, the service road had always been used as a generic storage yard and if parking were an issue, it would be a Highways matter. Commenting on the noise report which had been submitted by the applicant, Officers confirmed this has included an assessment of the lift, unloading, lorry movement and lorries reversing and EPU had found these to be acceptable. 

The Committee asked Officers whether there was any merit in considering granting a temporary permission and revisiting the application to assess how significant the extra deliveries had been. On balance, Officers explained that in their view, similar concerns would be only be revisited if a temporary permission were granted. Officers highlighted they had not received any letters of objection or a petition about the application which would have provided residents with an opportunity to air their views.

It was moved and seconded with 5 votes in favour and 3 abstentions that the application be approved.

Resolved -

That the application be approved as set out in the officer report and the changes set out in the addendum.