Agenda item

Walderslade

Construction of a canopy to facilitate part change of use to provide a hand car wash and valeting business (sui-generis).

Discussion:

The Head of Planning outlined the planning application and reminded the Committee that this application had been the subject of a site visit on 21 February 2015 at which the Head of Planning had set out the details of the application, a summary of the representation received and the planning issues as they related to matters of principle, design, amenity and highways.

At the site visit, the agent had outlined the benefits from the enclosure in terms of sound and disturbance and confirmed that a pressure washer would not be used. In addition he had clarified the fire access from the main building.

Residents had outlined a number of concerns relating to the application, in particular highlighting issues currently experienced taking into account that the car wash and valeting business was already in operation, details of which were summarised on the supplementary agenda advice sheet along with concerns highlighted by Councillors Brake and Adrian Gulvin as Ward Councillors.

It was suggested that if the Committee was minded to approve the planning application, an additional condition 7 be approved, details of which was set out on the supplementary agenda advice sheet.

With the agreement of the Committee, both Councillors Brake and Adrian Gulvin spoke on this planning application as Ward Councillors and highlighted that as this was a retrospective planning application, residents were already experiencing problems with the car wash facility and they both reinforced the concerns of residents as outlined in the report and at the site visit. Concern was also expressed as to enforcement of the proposed conditions should the planning application be approved.

The Committee discussed the planning application having regard to a similar car wash facility previously operated by the applicant at The Victoria Cross Public House 614, Lordswood Lane. It was noted that this particular retrospective application had been refused on three grounds relating to noise and disturbance, visual clutter and pollution. A subsequent appeal against this refusal had been dismissed with the Planning Inspector finding that the noise was harmful to the living conditions of neighbours. However, the Planning Inspector did not agree that the operation was out of keeping with the character and appearance of the area and he also stated that the risk of pollution could be dealt with by a planning condition. In the light of this decision, the Committee was mindful that the current planning application was for the siting of a car wash and valeting business on an existing garage site.

The Committee had regard to the proposed conditions and it was suggested that if the Committee was minded to approve the planning application, proposed condition 5 be amended to restrict the hand car wash and valeting business to the hours of 09.00 to 18.00 Mondays to Fridays inclusive and 10.00 to 16.00 on Saturdays and Sundays and Public Holidays.

In addition, it was suggested that before planning permission was granted, an acoustic fence be provided on the boundary of Huckleberry Close to the satisfaction of the Local Planning Authority.

Decision:

Approved with conditions  1 – 4 and 6 as set out in the report for the reasons stated in the report, condition 5 amended and new conditions 7 and 8 as set out below:

5.         The hand car wash and valeting business use hereby permitted shall only operate between the hours of 09.00 to 18.00 Mondays to Fridays inclusive and 10.00 to 16.00 on Saturdays, Sundays and Public Holidays.

            Reason: In the interests of the amenities of neighbours and with regard to Policy BNE2 of the Medway Local Plan 2003.

7.         Prior to the first use of the new covered washing and valeting area hereby approved full details of measures to ensure that water from this facility would be adequately drained shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall be fully implemented on site at all times that the car wash is in use.

Reason: In the interests of safety and amenity.

8.         Details of an acoustic fence along the boundary with 1 Huckleberry Close and Huckleberry Close shall be submitted to and approved in writing by the Local Planning Authority within 2 months of the date of this permission.  The approved fence shall be installed within 1 month of its approval and shall thereafter be retained.

Reason: In the interests of residential amenity and to accord with Policy BNE2 of the Medway Local Plan 2003.