Agenda item

Change of Use of three agricultural buildings to light industrial (Class B1c)  and installation of portable office building (retrospective) and (Proposed) Change of Use of one agricultural building to light industrial, and installation of second portable office building. [Bishopthorpe Ward] [Site Visit]

Members considered a full application from Mr & Mrs Roger Raimes for a Change of Use of three agricultural buildings to light industrial (Class B1c) and installation of portable office building (retrospective) and (Proposed) Change of Use of one agricultural building to light industrial, and installation of second portable office building.

Officers advised that Environmental Protection Unit had responded with detailed comments in relation to the proposal. These indicated that during day light hours the level of noise arising from activities at the site arising from maintenance, loading and unloading activity falls below the general level of background noise and that harm to amenity or a form of nuisance would not therefore occur. However, during the late evening, night time and early morning period

the level of background noise drops significantly and a problem of loss of amenity and the potential for a nuisance therefore arises. It is therefore recommended that a condition be appended to any approval to regulate the operating hours of the site. This is dealt with by draft amended Condition 2.

Officers also advised that they had received a further letter from the applicant raising concern in respect of the proposed restrictions on hours of operation and in particular the proposed restriction on Bank Holiday and Sunday working, and at the same time raising concerns in respect of a number of responses that have been received. Officers explained that these restrictions were necessary in order to safeguard the residential amenity of neighbouring properties and an amended version of the recommended condition that would restrict activities other than vehicle movements to or from the site was outlined below.

Officers advised that a further letter of representation has also been received from a neighbouring resident  but that this did not raise any further issues over and above those already covered in the committee report.

Officers advised that condition 2 should be amended as follows:

“No items associated with the use hereby authorised shall be loaded or unloaded, sorted, repaired, washed or otherwise maintained within the application site, outside of the hours of 08:00 to 20:00 Monday to Saturday. No such operation shall be undertaken within the application site on Sundays or Bank Holidays.

Reason:-To safeguard the residential amenity of neighbouring properties and to secure compliance with Policy GP1 of the York Development Control Local Plan.”

Representations were received from Julian Cripps on behalf of local residents living to the east side of Acaster Malbis who face Manor Farm and the site,  in objection to the application. He raised the following concerns

·        Large number of vehicles (trailers and support vehicles) accessing the site and high number of staff proposed to work on the site.

·        Company has not provided information on hours of work.

·        There is nothing to guarantee the amenity of residents

·        Condition 2 is unclear and could be interpreted in different ways.

The Planning Officer re-read amended condition 2 for the benefit of the speaker.

Representations were also received from Richard Monaghan, Managing Director and owner of Papakata, in support of the application. He explained that he had lived in Acaster Malbis for the last three years, with his wife’s family having lived in the village for 20 years. He made the following comments:

·        Papakata has always had same hours of operation for Warehouse 10 with no complaints

·        95 percent of villagers have not objected – objections come as a surprise as we have been very open about plans and consulted with residents, holding a drop in meeting at the village hall.

·        No work would take place between 10pm and 7am.

·        Requested that vehicle movements were not restricted – 7am start is necessary to be able to leave early to avoid traffic build up on motorway.

·        Suggested making conditions specific to Papakata so as to allay villagers fears about what may happen if use of the site changes in future.

·        Site is convenient for us due to its location – we want to stay there.

In response to a question, he explained that the company was planning to invest £70,000 in 2013 to duplicate its fleet of trailers in order that one set of trailers can be loaded during the day ready to leave the following morning to avoid the need to reload late at night when trailers return to site as bad weather/road conditions often delays return.

Councillor Semlyen moved, and Councillor Looker seconded, a motion to approve the application subject to the conditions listed in the report but with the hours specified by officers in amended condition 2 being changed to 07:00 to 20:00  and to allow work on Sundays and Bank Holidays.

Councillor Galvin moved, and Councillor Orrell seconded, an amendment to approve the application subject to the conditions listed in the report but with the hours specified by officers in amended condition 2 being changed as follows:

·        Monday to Friday – 08:00 to 20:00

·        Saturday 08:00 to 18:00

·        No work to be undertaken on Sundays or bank holidays

·        Permission to be temporary for a period of 12 months.

Councillor Gillies asked Councillor Galvin to consider changing his amendment to allow the applicants to start work at 7am but he declined due to concerns over the amenity of local residents.

On being put to the vote, the amendment proposed by Councillor Galvin, and seconded by Councillor Orrell, was carried.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amended conditions below.

Amended Condition 1

This use shall cease by 14 January 2014 unless prior to that date a further planning permission has been obtained to extend the period of the permission.

Reason: So that the Local Planning Authority may assess the impact of this use upon the residential amenity of neighbouring properties.

Amended Condition 2

 No items, associated with the use hereby authorised shall be loaded or unloaded, sorted, repaired, washed or otherwise maintained within the application site, outside of the hours of 08.00 to 20.00 Monday to Friday and 08.00 to 18.00 on Saturdays. No such operation shall be undertaken within the application site on Sundays or Bank Holidays.

Reason: To safeguard the residential amenity of neighbouring properties and to secure compliance with Policy GP1 of the York Development Control Local Plan.

REASON:           The proposal, subject to the conditions listed in the report and the amended conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the open character and purposes of designation of the Green Belt, impact upon the residential amenity of neighbouring properties, the sustainability of the use from the application site and impact upon the safety and convenience of highway users on the adjoining network. As such the proposal complies with Policy YH9 and Y1C of The Yorkshire and Humber Plan, policies GB1, GB3 and GP1 of the City of York Development Control Local Plan and Government policy contained within paragraphs 79 - 92 of the National Planning Policy Framework.