Agenda item

Recommended for Approval.

Maureen Batt addressed the Committee in objection to the application.  Louise Campbell spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/1196/FP, subject to no additional material planning objections being received before 24 October 2013, planning permission be granted subject to the conditions detailed in the report now submitted.

Members were advised that the applicant had confirmed that, should Members not be supportive of extending the opening hours for B8 uses on Monday to Friday to 19:00 hours, they would accept a condition that the hours of use for B8 purposes be restricted to 07:30 – 18:00 Mondays – Fridays and 07:30 – 13:00 on Saturdays and at no time on Sundays or Bank Holidays.

Councillor A Burlton referred to the difficulties of balancing light and heavy industry.  He commented that he had received more complaints in respect of the Haslemere Estate than about any similar site in Bishop’s Stortford.  

Councillor Burlton stated that he agreed with the comments of Bishop’s Stortford Town Council.  He expressed concerns that neighbour amenity considerations had not been taken into account.  He commented that the industrial units were at a considerably lower level than neighbouring dwellings, meaning that any noise emanating from the units was channelled up to the level of residential gardens.

In response to a query from Councillor M Newman, the Director confirmed that units 11 – 14 and other units already benefited from a class B1 use with no restriction in terms of opening hours.  The Director stressed that the use of plant and machinery was however restricted on those units.  The use classes order stated that a B1 use should operate in such a way as to not cause problems for residents.

Members were also advised that Environmental Health had separate legislative statutory control over noise on industrial sites. 

The Director concluded by reminding Members that class B2 uses had been approved elsewhere on this site.  East Herts Council had also approved more intensive industrial uses on this site in the past.

Councillor A Burlton proposed and Councillor N Symonds seconded, a motion that application 3/13/1196/FP be refused to protect the amenity of neighbouring residents.  After being put to the meeting and a vote taken, this motion was declared LOST.

Councillor A Burlton proposed and Councillor G Jones seconded, a motion that the condition the applicant had indicated a willingness to accept be applied should the application be approved, namely that the hours of use of the units for B8 purposes was restricted to 07:30 – 18:00 Mondays – Fridays and, 07:30 – 13 :00 on Saturdays and at no time on Sundays or Bank Holidays.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee supported the recommendation of the Director of Neighbourhood Services as now detailed.

RESOLVED – that in respect of application 3/13/1196/FP, subject to no additional material planning objections being received before 24 October 2013, planning permission be granted subject to the following conditions:

1.    Three year time limit (1T121)

2.    No plant or machinery shall be operated in any of the buildings between the hours of 6PM and 7:30AM on Mondays to Saturdays or at any time on Sundays.

Reason: In the interests of the amenities of the occupants of nearby properties in accordance with policy ENV1 and ENV24 of the East Herts Local Plan Second Review April 2007.

3.    The hours of operation of any use of the premises for Class B8 purposes, including loading and unloading of goods, shall be restricted to 07:30 to 18:00 Monday to Friday and 07:30 to 13:00 hours on Saturdays and at no time on Sundays and Bank Holidays.

Reason: In the interests of the amenities of the occupants of nearby properties in accordance with policy ENV1 and ENV24 of the East Herts Local Plan Second Review April 2007.

4.    No external storage (5U07)

5.    No external working (6N06)

6.    Approved Plans (2E10) (insert:-Location Plan, HAS01-U010-100 and HAS01-U14-100)

Directive:

1.           Other Legislation (01OL)

Summary of Reasons for Decision

East Herts Council has considered the applicant’s proposal in a positive and proactive manner with regard to the policies of the Development Plan (Minerals Local Plan, Waste Core Strategy and Development Management Policies DPD 2012 and the ’saved’ policies of the East Herts Local Plan Second Review April 2007); the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2012 (as amended).  The balance of the considerations having regard to those policies is that permission should be granted.