Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for a variation of condition 6 of planning approval 11/00897/RM relating to hours of delivery and application 13/05514/COND – condition discharge relating to opening.

The report of the Chief Planning Officer referred to an application for the variation of condition 6 of planning approval 11/00897/RM relating to hours of delivery and condition discharge application 13/05514/COND relating to opening at Stonebridge Mills, Stonebridge Lane, Farnley.

The following had been proposed:

·  Hours of opening: 24 hour opening Monday to Saturday with 1000 to 1700 on Sundays and Bank Holidays.

·  Hours of delivery: changed from 0800 to 2000 Monday to Saturday and not at all on Sundays and Bank Holidays to 0600 to 2200 Monday to Saturday and 0900 to 1800 on Sundays and Bank Holidays.

It was reported that the key concerns raised had been with regard to residential amenity and the Panel was shown photographs and plans with distances to the nearest residential properties.  Discussions had been held with Environmental Health regarding acceptable noise levels and reference was made to measures carried out to limit noise.  Members were informed of objections to the applications which included potential for noise and disturbance and the impact on other nearby businesses.

It was recommended that the application be approved for a remporary period of one year.

A local resident and local shop owner addressed the Panel with concerns regarding the application.  These concerns included the following:

·  The loading bay and car park was adjacent to residential properties and this would cause noise and disturbance.

·  No assessment had been made of the amphitheatre effect due to the store’s location and how this exacerbated noise.

·  Concerns that the 24 hour opening would attract use of the car park causing disturbance.

·  Increased opening hours would have an impact on neighbouring businesses and this would lead to loss of jobs for local people.

The applicant’s agent addressed the Panel.  Issues highlighted included the following:

·  The proposals had been agreed in principal and had been assessed and accepted.  There had been no technical objection on noise grounds.

·  24 hour opening was sought to serve the interests of the local community.

·  Deliveries would be needed on a weekend to meet peak trade and it was anticipated that there would only be 2 or 3 deliveries on a Sunday.

·  All deliveries would take place in a covered service yard and there would be a noise management plan.

·  In response to questions from the Panel the following was discussed:

o  There had not been direct consultation with the local community regarding the proposals.

o  Local employment opportunities.

o  A service delivery plan was in place for deliveries which included noise insulation.  This had been supported by Planning and Environmental Health.

o  Potential noise disturbance from cars - this had been considered with Environmental Health and it was not felt that it would be significant enough to have an adverse impact.

In response to comments and questions from Members, the following was discussed:

·  It was felt that late night customers would park at the front of the star which was a further distance away from residential properties.

·  It was suggested that the application be granted for 12 months in the first instance so the long term effects could be measured.

·  There was no concern regarding potential disturbance from vehicle headlights.  This had been assessed when the original application was approved.

·  There was an identified need for a supermarket and this application was not considered to have an impact on others.

·  Concern that the proposals were very different to what had already been agreed and that there had been no further community consultation.

·  Opening hours of the store were not agreed at the time of the original application.

RESOLVED –

(1)  That Application 13/05643/RM – Variation of condition 6 of planning approval 11/00897/RM relating to hours of delivery be refused on basis of detrimental effect upon amenity.

(2)  That Application 13/05514/COND – Condition discharge application relating to hours of opening – officer recommendation be overturned: condition not discharged.