Agenda item

Change of use of land from car wash to use as a tyre fitting business involving alteration to roof profile.

Recommendation: Approval

RESOLVED: That the application be deferred.

Change of use of land from car wash to use as a tyre fitting business involving alteration to roof profile.

Officers introduced the application, highlighted the addendum and made a recommendation for approval.

A petitioner in objection of the application addressed the Committee. It was highlighted that there had previously been no issues on this site and any small objections had been promptly dealt with on a casual basis. However, since the mid 2000’s, the changes in ownership had impacted the relationship between residents and the site. There had been discussions with the Council for some time since the approval of the change of use. Concerns were raised about the validity of the site as there had been constant breaches of designated operating hours, issues of noise, nuisance and the erection of unauthorised signage, which were all awaiting a response from the Council. Concerns were raised regarding the future and what residents in close proximity should expect in terms of safety and reasonable peace and quiet. Questions were raised regarding the number of key holders that had access to the site and the proposed gate design. Concerns had been raised with the applicant but there had been no response. There were breaches of noise levels and none of the suggested mitigation measures in the noise survey had been instigated. Further, it was noted that the garage roof section had been raised and the amount it had been raised was disputed.

In response to Member questions, it was noted that the concerns raised to the Council had not been addressed.

The applicant was not in attendance.

Councillor Neil Fyfe, Ward Councillor for Charville, was in attendance and noted that the issues raised by the petitioners had been raised to the Head of Planning by email. It was questioned whether there was any sort of legal protection for residents close to the premises as they experienced noise and pollution affecting their health and wellbeing.

Officers explained that any breaches of the conditions relating to the hours of operation and noise would need to be reported to the Council’s enforcement team so that the appropriate action could be taken. The site had permission and were allowed to operate.

The Committee was asked to bear in mind that the tyre fitting business had been approved previously.

Members agreed that that the plans were difficult to see, making it difficult to properly determine the application.  Members questioned how the noise assessment had been undertaken and it was explained that this was undertaken by experts that compared the existing noise levels with the proposed noise levels of the development. This was then assessed by the Council’s Environmental Protection Unit and it was confirmed that this was acceptable subject to the conditions set out in the report.    

The Planning Inspector’s points on page 31 of the agenda were noted.

The Head of Planning recommended Members defer the item as the petitioner queried the plans, the printing was not of good quality and there was an inconsistency in the level of the noise issues indicated by the petitioners and the Council’s noise experts.

The site was in a residential area and it was questioned whether noise could be controlled and emergency vehicles could access the site. Access by emergency vehicles was not an issue and it was requested that the height of the roof was also reviewed by officers.

The Committee was of the view deferring the application would enable it to consider the plans properly and explore the noises issues raised in more detail.

A motion to defer the application was moved, seconded and, when put to a vote, unanimously agreed.

RESOLVED: That the application be deferred.