Agenda item

Demolition of existing buildings and structures and redevelopment of the site to provide 2,116 sqm of flexible Class E(g)(iii), B2 and B8 use floorspace, along with associated access, servicing areas, car parking and soft landscaping (amended plans received 02.09.22)

Recommendations: Approve + Sec 106

RESOLVED: That the application be approved and that delegated authority be granted to officers to draft a new condition restricting refuse collection to any of the units to 08:00 – 18:00 Monday to Friday only, to update Condition 4 to include the provision of mature tree planting and green wall on the southern elevation of the buildings; to add a new acoustic fence condition along the western and southern boundary and to amend the timings in Condition 28 to 08:00 – 20:00 hours on Monday – Friday, 08:00 – 18:00 hours on Saturday and 10:00 – 14:00 hours on Sundays.

Demolition of existing buildings and structures and redevelopment of the site to provide 2,116 sqm of flexible Class E(g)(iii), B2 and B8 use floorspace, along with associated access, servicing areas, car parking and soft landscaping (amended plans received 02.09.22).

Officers introduced the application and highlighted the information in the addendum. It was confirmed that the application had been presented to the Major Applications Planning Committee on 09.11.22 and had been approved at that meeting. On 10.11.22, additional information had been submitted via a Ward Councillor which provided evidence of a historic restrictive condition relating to the permitted hours for loading and unloading within the access road which abutted the eastern and southern boundary and served the units within this location. The application would now be reconsidered afresh, with a focus on the additional new information.

It was confirmed that the use of the site was not under debate and the vegetation surrounding the application site was noted. Members were informed that Condition 4 would be updated to include green wall planting – this had not been included in the report. A new Condition was proposed restricting refuse collection to the hours of 08:00 – 18:00 Monday to Friday only. The Committee was informed that a small section of the site currently had restrictions on loading and unloading hours – the remainder of the site could operate 24 hours a day. Condition 28 set out in the report would restrict loading and unloading of goods to 07:00 – 22:00 Monday to Friday, 08:00 – 18:00 on Saturdays and 08:00 – 13:00 on Sundays. It was also noted that the proposed service road would be further away from residential properties. The application was recommended for approval. 

A petition in objection to the application had been received – a petitioner was in attendance and addressed the Committee. Key points highlighted included:

·       The site was not a 24-hour site as suggested at the November meeting;

·       It was important that the residential amenity of neighbouring properties was safeguarded – this should be the default position of officers;

·       The proposal was to increase operating hours by +5 hours Monday to Friday and on Saturdays and Sunday;

·       Approval would demonstrate bias towards the developer and would overlook the needs of residents. It would lead to an increase in complaints despite the service road being further away;

·       Residents were willing to compromise and proposed a restriction on delivery and service hours for the whole site of +2 hours Monday to Friday (08:00-20:00), +5 hours on Saturdays (08:00-18:00), closed on Sundays and zero hours of operation during public holidays.

In response to questions from Members, the petitioner confirmed that the red area was not the only area subjected to goods’ vehicle movements but this was the residential area. It was confirmed that, in reality, the site was not operational 24 hours a day – the only unit which currently operated 24/7 was the veterinary practice whereby a vet was available by phone 24/7 but worked from home.

The agent for the application addressed the Committee. Key points highlighted included:

·       Following the previous planning meeting, a restrictive condition limiting loading hours within a small portion of the site had come to light;

·       A new Condition had since been agreed with officers limiting the loading and unloading of deliveries across the entire site – this was a belt and braces response;

·       The applicant had been working hard with officers over several years;

·       The scheme would deliver many benefits for the area - £8m investment in Harlington, the replacement of the current dilapidated vacant accommodation with modern workspace, some 50 full-time jobs, enhancement of the Green Belt, an uplift in trees and urban greening;

·       The application remained compliant with policy and was bolstered by the additional restrictive condition.

Members requested clarification regarding engagement with local residents. It was confirmed that the application had originally been submitted during the pandemic so there had been virtual engagement with residents at that time. There had been no further engagement to date aside from the statutory consultation process.

Ward Councillor June Nelson was in attendance and addressed the Committee. Councillor Nelson expressed her concerns regarding the recommended hours of operation noting that site restrictions had been requested at the previous meeting. The site was currently in use from 06:00-20:00 Monday to Friday, 08:00-13:00 on Saturdays and no operation on Sundays – usage was not 24 hours. The longer hours recommended in the officer’s report would negatively affect residents. The following hours of usage were proposed as a compromise – 08:00-20:00 Monday to Friday, 08:00-18:00 on Saturdays and closed on Sundays to give residents some respite. If this were not acceptable, it was requested that a new planning application be submitted. Residents were concerned that the longer hours proposed in the report would be difficult to enforce and the site would end up being operational 24/7. It was noted that Harlington Road as mentioned by the Planning Officer was incorrect and should be Harlington High Street.

Members sought clarity regarding the current operational hours of the site. It was confirmed that the vet was not on site 24/7 and worked by phone. It had never been a 24-hour site.

The Legal Advisor commented that, although the application had been approved a month previously, it was important that Councillors remained neutral and considered each application on its merits. Unfortunately, the information presented in November had been incomplete therefore the application had come back to Committee to enable Members to reach a balanced decision. It was noted that the applicant had accepted the proposed restrictive site-wide Condition but was not obliged to do so. Should Members be minded to recommend further restrictions, it was noted that the agreed restriction may not be imposed on appeal by an Inspector. Members would need to be clear regarding the planning harm they were seeking to address should they wish to restrict further.  

Officers apologised for the oversight and confirmed that they had wanted to bring the matter back to Committee as they did not wish to appear to have been attempting to mislead voting Members. It was noted that, at present, the application site had no restrictions and could operate 24 hours a day. There was a restriction on loading, unloading and servicing in part of the site. The proposal would not restrict hours of operation but would restrict hours of unloading, loading and delivery only. In respect of concerns regarding enforcement, the Highways Officer advised the Committee that it was possible to install pneumatic tubes to count vehicles and monitor speed, volume and composition of traffic.

In response to Members’ requests for clarification, it was confirmed that traffic surveys to monitor the movement of vehicles had been undertaken to inform the recommendation regarding proposed loading / unloading hours.

The Committee felt the proposed hours were excessively long and suggested an end time of 20:00 hours. Members also noted that it was important to achieve a balance which would both protect residents and offer commercial benefits. The installation of an acoustic fence alongside the residential area was suggested.

Members agreed that the loading/unloading/servicing hours be revised to 08:00-20:00 Monday to Friday, 08:00-18:00 on Saturdays, 10:00-14:00 on Sundays and delegated authority to officers to amend Condition 28 accordingly. It was agreed that Condition 4 be amended to include reference to mature trees and a green wall and new Conditions be drafted in relation to waste collection times and an acoustic fence.

The officer’s recommendation was moved, seconded and unanimously approved subject to the agreed Conditions and the information in the addendum.

RESOLVED: That the application be approved and that delegated authority be granted to officers to draft a new Condition restricting refuse collection to any of the units to 08:00 – 18:00 Monday to Friday only, to update Condition 4 to include the provision of mature tree planting and green wall on the southern elevation of the buildings; to add a new acoustic fence Condition along the western and southern boundary and to amend the timings in Condition 28 to 08:00 – 20:00 hours on Monday – Friday, 08:00 – 18:00 hours on Saturday and 10:00 – 14:00 hours on Sundays.