Minutes:
The
Committee considered application 3/20/0657/CONDR to vary Condition 18 (hours of
operation) of PA 3/19/1365/FUL (Erection of 14 commercial units for
B1(b), B1(c)
and B8 use together with access and associated parking) to vary the hours of
operation Land North of Casa Velha,
Ringwood Road, Three Legged Cross, Wimborne so as to provide for operations during the hours of
10:00 to 16:00 on Sundays or public holidays, including
deliveries to site. The development currently
provided capacity for light industrial and storage businesses to complement the
principle of new employment development to meet economic need and this
variation was designed to benefit this still further.
With the aid of a visual presentation, officers explained
what the main proposals and planning issues of the variation were; why these
were considered necessary; the reasoning for this and what benefits these would
bring – in furthering the capacity of the site and providing the opportunity
for flexibility in how the operations were able to be undertaken.
Plans and photographs provided an illustration of the
location, dimensions, configuration and design of the development, with the
presentation also confirming what the highways and access arrangements were;
landscaping characteristics; noise assessments made; the development’s
relationship with neighbouring amenity and particularly the Oakdene Nursing
Home, and set the development in context with the characteristics of the
surrounding area.
The Planning Officer had also sought additional
clarification regarding specific Sunday background noise levels not included in
the Noise Impact Assessment and, following a series of assessments made,
consideration given to the LOAEL – Lowest Observed Adverse Effect Level - above
which adverse effects on health and quality of life could be detected.
Consequently the noise impact assessment satisfactorily demonstrated that the impact
of site operations for the B1 and B8 during the daytime period, including on Sundays, would
have the Lowest
Observed Adverse Effect Level (LOAEL) adverse impact on the dwellings in the
vicinity of the site and was therefore considered acceptable in terms of
planning and noise.
As such, having assessed the material considerations
as outlined within the report, and with the conditions set out, there were not
considered to be any matters which would warrant a refusal of planning
permission in this case. Approval subject to the following conditions is
therefore recommended.
Formal
consultation had generated an objection from Verwood Town Council – on the basis that
given the site’s relationship to nearby properties it would adversely affect amenity by
general disturbance, which should be minimised. Comments from the Environmental
Health officer were that although the applicant had demonstrated through noise
modelling that there was unlikely to be a statutory nuisance, there would
undoubtedly be some noise created by the new development, which bordered
residential properties. In extending operating hours and deliveries to include
Sundays and bank holidays when residents were likely to be using their gardens
could give rise to complaints of disturbance in the future.
The
Committee were then notified of those written submissions received and officers
read these direct to the Committee - being appended to these minutes. Having
heard what was said, officers responded to some of the pertinent issues raised,
being confident that each one could be addressed by the provisions of the
application and the assessments made.
The
opportunity was given for members, to ask questions of the presentation and
what they had heard, in seeking clarification of certain points. Officers
addressed the questions raised, providing what they considered to be
satisfactory answers based on the assessments made, the material planning
considerations applicable and for the reasons set out in their report and
presentation.
Whilst
the Vice-Chairman was of the view that the officer’s recommendation should be
supported for the reasons given – in being reasonable acceptable and beneficial
- the majority of members considered that, in affirming their view in
considering this very point at their meeting in March 2020 – “in recognising
that operations should be prevented on Sundays and bank holidays in the
intersts of neighbouring amenity and particularly Oakdene Nursing home and the
adverse effect this would have if allowed “– saw that nothing material had
changed since then for them to come to a different opinion now. On that basis,
they remained reluctant to see the changes recommended being made. Moreover
conditions and monitoring were designed to
address any concerns about nuisance or disturbance to residents of
Oakdene Nursing Home and that these would be quite satisfactory in remaining in
place for that reason.
Councillor
David Shortell - one of the two local members for West Moors and Three Legged
Cross - objected to what was being proposed, considering that such a variation
would compromise the measures which had purposely been put in place to reduce
the adverse impact on the tranquillity of Oakdene Nursing Home and its
residents and local amenity in general. On that basis, he asked the Committee
to refuse the application. This view was shared by the other Ward member,
Councillor Mike Dyer.
Moreover,
whilst having no direct bearing on the application, mention was made that the nearby Longmeadow industrial estate -
which was very similar in nature - remained closed on Sundays and Bank
Holidays, so there was no real reason why the case could be made for this being
any different.
Having had the opportunity to discuss the merits of the
application, having understood what was being proposed and the reasoning for
this; having taken into account the officer’s report and presentation; the
written representations; and what they had heard at the meeting; and the views
of Ward Councillors David Shortell and Mike Dyer, the Committee were satisfied
in their understanding of what the proposal entailed and the reasoning for
this. The Committee considered that, notwithstanding the assessments made by
officers that the variation should be granted permission, they could not agree
to what was being recommended on the basis that given the proximity of the
authorised employment use to neighbouring properties - in particular Oakdene
Nursing Home to the application site, the proposed variation of the hours of
operation, and associated traffic generation would result in an unacceptable
risk of noise pollution and disturbance, which would impact negatively on
neighbouring amenity. On that basis and
on being put to the vote, the Committee agreed, 9:1, that the application
should be refused.
Resolved
That the application 3/20/0657/CONDR be refused.
Reason for Decision
Given the proximity of the authorised employment use
to neighbouring properties (in particular Oakdene Nursing Home) to the east of
the application site, it is considered that the proposed hours of operation,
and associated traffic generation; which includes deliveries to and from the
site from 10:00 to 16:00 hours on Sundays and Public Holidays, will
result in an unacceptable risk of noise pollution and disturbance, which would impact
negatively on neighbouring amenity. For this reason the development is
considered to be contrary to Policy HE2 of Christchurch and East Dorset Core
Strategy and paragraphs 170 (e) and 180 (a) of the National Planning Policy
Framework 2019, which require the mitigation and minimisation of noise and
disturbance from new development on neighbouring amenity.