Agenda item

Report of the Executive Director (Public Protection, Planning and Governance).

Report of the Executive Director (Public Protection, Planning and Governance) setting out the application for full planning permission for the change of use of land to B2 use for vehicle repairs involving erection of a workshop following part demolition of existing workshop.

The applicants had indicated that the proposed structure would be used to maintain and repair the applicant’s coaches and minibuses.  Although the applicants consider the proposal to be sui-generis, the Land Use Gazetteer classified Maintenance and Repairs of Motor Vehicles as B2 (Industrial) Use. The application had been assessed on this basis.

The application had previously been presented to the Development Management Committee as Councillor Cowan had called the application in stating:

“The fact these industrial units back onto residential homes means there has been some history of a difficult interface and it is important the application is given the fullest examination.”

“My comment about difficult interface was that the previous company running a bus operation there were the subject of many complaints over a long period.”

The application had been deferred at the Development Management Committee Meeting on 4^th January 2018 pending further investigation into the height of the vehicles to be repaired within the repair workshop.  This had been to establish the extent of repairs that would continue to be carried out in the open air.  Discussions with the agents for the development had confirmed that the one double-decker bus currently operated by the applicant did not fit within the proposed building and would consequently continue to be maintained outside of the building, whilst all of the other company coaches and mini-buses would fit within the building and would be maintained therein.  The report therefore remained unchanged.

Mr Alan Jellett (objector) spoke against the application on behalf of neighbours.  The objections included the impact of the proposed development on the visual amenity if the neighbouring residential properties; the impact on the environment due to an increase of fume and noise emissions and that the proposal was contrary to Garden City principles.

Ward Member Councillor H.Beckett, speaking against the application, stated that due to the close proximity to residential property the use of the land as B2 (industrial) was unacceptable due to adverse effects of noise, emissions and impact on the visual amenity.

Following discussion by Members, which included the following concerns.

·         Whether there is a reduced need for employment land in the Borough

·         Prevailing westerly winds and any potential for odour

·         The double decker bus would continue to be serviced outside of the building

·         There was an expectation that there would be an increase in the number of oversized vehicles being serviced on the site and times of operation

·         Increased and continued noise, vibrations and emission of fumes from the site when in operation

·         The ridge height of the proposed building

·         Close proximity to residential property

·         The amenity of the neighbouring residents had been and would continue to be adversely effected

·         On-going complaints of noise nuisance

It was then proposed by Councillor M.Cowan, seconded by Councillor F.Thomson and

RESOLVED:

(12 voting for, 2 against)

That planning permission for UNIT 9 - 11 Peartree Farm, Welwyn Garden City - 6/2017/1152/FULL notwithstanding the Officer’s recommendation for approval be overturned and refused for the following reason.

“The land on which the proposal is located is outside any designated employment area and would cause a major impact on the living conditions of the neighbouring residential properties, particularly given the proximity to their boundaries, the height and scale of the building and the fumes from the use of the facility and their impact on the health of nearby residents.  As such the proposal would fail to comply with the requirements of Policy EMP8 of the Welwyn Hatfield District Plan 2005 which requires employment sites, located outside of designated employment areas, not to have any adverse impact on the residential amenities of nearby properties”.

POSITIVE AND PROACTIVE STATEMENT

The decision has been made taking into account, where practicable and appropriate the requirements of paragraphs 186-187 of the National Planning Policy Framework and material planning considerations do not justify a decision contrary to the development plan (see Officer’s report which can be viewed on the Council's website or inspected at these offices).

DRAWING NUMBERS

The development/works shall not be started and completed other than in accordance with the approved plans and details:

REASON: To ensure that the development is carried out in accordance with the approved plans and details.