Agenda item

Recommended for Approval.

John Ivens addressed the Committee against the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/1278/FO, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred to a statement from the applicant, which had been summarised in the additional representations schedule.  Members were advised that the applicant’s speaker, Paul Manning, had declined to attend and speak as his views had been submitted in writing to Officers.

Councillor G McAndrew, as the local ward Member, strongly objected to Tesco’s application on behalf of a number of local residents.  He stated that the Tesco store was located in a residential area and should not be open for any period of 24 hours because of noise disturbance to residents and the inevitable anti-social behaviour.

Councillor G McAndrew stated that this application would result in increased noise and disturbance from additional vehicles visiting the petrol station at unsociable hours.  He stated that some motorists were not very considerate and were often rowdy and played music loud in their cars late at night.

Councillor G McAndrew commented that young adults and youths were likely to visit the site at unsociable hours when the main store was closed at weekends, thereby leading to further anti-social behaviour.  He was also concerned in respect of parking and litter problems on estate roads close to the site.

Councillor G McAndrew concluded that the application should be refused in order to safeguard the quality of life for residents of the surrounding area, as well as generally helping to encourage more respectful and responsible citizens and to reduce the already proven noise and anti-social behaviour problems caused by the existing unsociable trading hours at this site.

Councillor D Andrews sought clarification regarding the operating hours of the store and petrol station in relation to hours applied for as part of this application for a removal of a planning condition.  He commented that a 24 hour filling station was unnecessary in this location due to the facilities at the nearby M11 junction.

Councillor P Moore commented that, as the approach roads were all in complete darkness, approaching traffic would have full lights on.  She stated that this, along with the banging of car doors, would cause significant disruption for residents and she could not support the application.

Councillor T Page stated that there were a number of planning reasons why the application should be refused, such as noise and lack of security for the site.  Councillor M Alexander referred to the additional fuel tanker movements should this application be approved.

The Director advised Members of the existing hours of the supermarket and the petrol station.  Members were advised that it was not Members’ role to regulate business and the Committee should focus solely on the proposal’s potential to cause harm.  Members should also give no weight to comments relating to the character of an applicant.

The Director referred to issues raised by Members regarding noise and disturbance and stressed that Environmental Health Officers had considered these issues at some length and had concluded that there would be no significant disturbance for residents.

The Director stated that Lancaster Drive was a public access road and traffic would use this road in any event.  Residents would not be able to differentiate any additional noise or lighting disturbance as vehicles could be travelling to or from private dwellings.

The Director advised that issues relating to disruption from refuelling tankers could be controlled by reasonable conditions.  Members were advised that any additional information held by the police regarding anti–social behaviour would have to be presented to the applicant so that the planning process was transparent and open.  The Director stated that allowing the applicant time to see such information would mean that the application would have to be deferred.

The Director advised caution in that many of the issues of concern were impacts that would already be experienced by residents, such as vehicle noise and light disturbance.  Councillor G Jones, as the other local Member, stated that the application constituted a 60% increase in operating hours and there would be an impact in terms of vehicle noise, car doors closing and the occasional raised voice.

In response to comments from Councillor T Page, the Director stated that if this was a fresh application for new housing, then good principles of crime prevention would be applied, i.e. avoiding blind alleys and under croft areas.

The Director advised caution in that the reasons for refusing the application referred to by Members had not been highlighted as significant issues for concern by the Councils own Environmental Health Officers.

Councillor G Jones proposed and Councillor Mrs R Cheswright seconded, a motion that application 3/12/1278/FO be refused on the grounds that the application was contrary to policies ENV1 and ENV3 of the East Herts Local Plan Second Review April 2007 and national planning policy contained in the NPPF and would result in additional noise and disturbance to nearby residential properties and would also be likely to result in an increased opportunity for crime and/or anti–social behaviour in the area during unsociable hours.

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

RESOLVED – that in respect of application 3/12/1278/FO, planning permission be refused for the following reason:

1.    The site lies adjacent to a residential area and the proposed increased opening hours of the petrol filling station would be likely to result in additional noise and disturbance to nearby residents. It would also be likely to result in an increased opportunity for crime and/or anti–social behaviour in the area during unsociable hours. The proposal is thereby contrary to policies ENV1 and ENV3 of the East Herts Local Plan Second Review April 2007 and national planning policy contained in the NPPF.