Agenda item

Strood North

Variation of condition 2 of planning permission MC/15/1016 to enable an additional area to be used for valeting and drying of vehicles.

Discussion:

The Senior Planner outlined the planning application in detail and explained that this application related to the variation of condition 2 of planning permission MC/15/1016 to enable an additional area to be used for the valeting and drying of vehicles.

He referred to a number of concerns regarding the operation of this car wash facility which had been drawn to officers attention by local residents and advised the Committee that this variation application would provide an opportunity for the Committee to review all existing conditions attached to the previous planning permission. Therefore, if the Committee was minded to approve the application, revised conditions 1 – 8 were proposed as set out on the supplementary agenda advice sheet.

He also advised the Committee that since despatch of the agenda a further two letters of objection had been received, details of which were summarised on the supplementary agenda advice sheet.

He confirmed that the application did not involve any increase in hours of use of the facility.

With the agreement of the Committee, Councillor Chitty spoke on this application as Ward Councillor and expressed concern that the applicants continued to breach the original conditions attached to planning permission MC/15/1016 and this was a source of distress to those residents living in close proximity to the car wash facility. She advised that residents did not oppose the existence of a car wash facility at this site but had concerns about  the way in which this particular facility was being operated. Such concerns included the queueing of vehicles on the road whilst waiting to access the site, the increased use of vacuum cleaners which generated a noise disturbance, the disposal of water into the public drain in Vicarage Road and the belief that the premises were being used for residential purposes during the evening. There was also concern regarding the use of the facility on a Sunday when residents considered that they should be entitled to have peace and quiet.

The Committee discussed the application and the Head of Planning reminded Members that this particular planning application only related to a variation of condition 2 of planning permission MC/15/1016. However, if the variation was to be approved, this would enable the Committee to review and tighten other conditions to address a number of the issues raised by residents e.g. the storage of tyres when the premises was closed at night.

The Senior Planner advised the Committee that Environmental Protection Officers had attended the site and confirmed that the noise levels of  machinery being used were within acceptable limits.

With regard to the operation of the car wash facility on a Sunday, it was noted that the principle of seven day per week trading had already been found acceptable by the Planning Inspectorate.

A Member suggested that should this application be approved, an informative be added stating that the use of this car wash facility will be monitored by officers and enforcement action taken if there and any breaches of conditions.

Decision:

Approved with conditions 1 – 8 as set out below and the inclusion of an informative stating that the use of this car wash facility will be monitored by officers and enforcement action taken if there is a breach of conditions:

1.    The development hereby permitted shall be carried out in accordance with the following plans and information:

Drawing 3024/2 Rev D received 15 January 2018 and email received dated 11 January 2018.

Reason: For the avoidance of doubt and in the interests of proper planning.

2.    The washing and valeting of vehicles shall only take place within the site area as defined by the red outline shown on the site plan received on 13 November 2017 and Drawing 3024/2 Rev D received on 15 January 2018.

Reason: In order to limit the spread of the use over the site in the interests of the amenities of neighbours and with regard to Policy BNE2 of the Medway Local Plan 2003.

3.    Outside of the operating hours defined in Condition 7 hereunder, tyre storage shall only be undertaken within the Tyre Shop area and Tyre Store as shown on Drawing 3024/2 Rev D received on 15 January 2018.

Reason: In the interests of visual amenity of neighbours and with regard to Policy BNE1 of the Medway Local Plan 2003.

4.    The type and number of pressure washers shall not exceed two in use at any one time on site in accordance with the details approved under reference MC/15/2220 dated 26 October 2017. The additional pressure washer outlet/apparatus shall only be used as a replacement for either of the two pressure washers hereby approved and no additional equipment used for this process shall be used on site thereafter.

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

5.    The valeting part of the development shall be served by a single vacuum unit only and the noise rating level (L_A,T) of that unit shall be maintained so as to not exceed the levels predicted in the noise assessment reference 171203/1 dated 19 December 2017. All measurements shall be defined and derived in accordance with BS4142: 2014.

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

6.    Within one month of planning permission being granted, full details of surface water collection and disposal from the site to an appropriate waste disposal site shall be submitted to and approved in writing by the Local Planning Authority.  The approved means of disposal shall be implemented immediately after written approval and thereafter maintained.

Reason: In the interests of preventing contamination of the public sewer with waste water from the car wash and with regard to paragraphs 7, 17, 109, 110 and 120 of the National Planning Policy Framework 2012 and Policy BNE23 of the Medway Local Plan 2003.

7.    The use shall only operate between the hours of 08.00 to 18.00 Mondays to Saturdays and between 10.00 to 17.00 on Sundays only. The use is not permitted on public holidays.

Reason: To regulate and control the permitted development in the interests of amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

8.    The acoustic screens previously approved under reference MC/15/2220 dated 26 October 2015 and shown on drawing 3024/2 Rev D shall be retained in accordance with the approved details. On cessation of the use, the screens shall be removed.

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