Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) but with an amendment to the condition relating to opening hours so that opening hours are 8am to 6pm Monday to Friday and 8am to 1pm on Saturday.

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application which had been the subject of a site visit on 22 June 2015.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

            The officer detailed the background to the report and explained that the Local Members had asked for committee determination because of the amount of local interest in the proposal.  Hawarden Community Council had objected to the application on the grounds of highway safety and proposed hours of operation and 13 objections had been received from local residents.

            Mr. M. Nixon, the application, spoke in support of the application.  He said that the opening hours of 6am to 6pm Monday to Friday and 8am to 1pm on Saturdays had been requested.  The 6am start would allow customers to bring their vehicles for MOTs outside of normal working hours and would result in a maximum of three cars being brought in during the period of 6am to 8am.  The MOT testing station was not near the road so the issue of noise was not a problem and the concerns that had been raised about trading already taking place were untrue.  Mr. Nixon explained that equipment needed to be in place before the MOT station could operate and this had been stored on the site since the garage closed down earlier in the year.                

            Councillor Alison Halford moved refusal of the application, against officer recommendation, which was duly seconded.  She raised concern about the highway particularly as the site was located on a bend and added that the introduction of more vehicles to the area was a problem.  Councillor Halford felt that the start time of 6am for a residential area was too early and added that another MOT station in the area did not open as early. 

            The Local Member, Councillor Helen Brown, raised concern about highway safety and the hours of operation and said that objections had been received from Hawarden Community Council.  She reiterated the comment that vehicles were parking on the bend at the entrance to the site and that a 6am start in a residential area was unacceptable.  It was reported that a number of different businesses had been carried out on the site without planning permission.  Councillor Brown queried how it could be ensured that cars and loaders would not park on the road outside the site and asked Members to consider the hours of opening and highway issues if they were minded to grant permission. 

            Councillor Mike Peers said that some photographs of the problems caused by vehicles parking on the road had been forwarded to him; he circulated these to the Committee Members.  He explained that the photographs were showing the difficulty experienced by a delivery van and the need for it to reverse into the site because of vehicles parked on the road.  He also did not feel that the access and egress were suitable and concurred that the 6am start was unacceptable because of the effect on the residential amenity.  Councillor Peers said that the comments of the Local Member and Community Council should be considered and that a condition should be included to prevent parking on the bend and to ensure the access and egress were acceptable if the Committee was minded to approve the application.  He also suggested that a 7am or 8am start would be more appropriate.  Councillor Richard Lloyd concurred that a 6am start was unacceptable. 

            In response, the Senior Engineer – Highways Development Control said that Highways did not have any objections subject to conditions about parking and the entrance to the site.  The road was of an adequate width and the access met visibility standards so there was no reason to refuse the application on highway grounds. 

            Councillor Lloyd proposed an amendment that the hours of opening be 8am to 6pm Monday to Friday with the times proposed for Saturdays remaining unchanged at 8am to 1pm; this was duly seconded. 

            The Development Manager indicated that it was not possible to include a condition to restrict parking on the bend and reminded Members that as the proposal was not currently in operation, that the vehicles currently parking there could not be associated with this application.  The MOT testing station would have to include dedicated areas for vehicles to be tested and provided that the facility met the required standards for this, then other highway issues would be a matter for the Police to consider. 

            Councillor Gareth Roberts felt that there was little difference in the amount of vehicles between the proposed use and the previous use but said that the MOT would not create the noise and nuisance of general repairs.  He felt that refusal of the application would be difficult to defend on appeal and said that the general concerns about highways could be considered but added that this was not a consideration for this application. 

            The Democracy and Governance Manager explained that the Highways officer had indicated that there were no highway grounds to refuse the application and an amendment had been put forward by Councillor Lloyd, which if approved, would address the concern about the early opening hours.  He added that the parking on the bend could not be attributed to this application as the MOT testing station was not yet in operation. 

            Councillor Peers accepted that this application was not causing the parking problem but asked if Highways could look at the concerns to ensure that they did not continue and consider the inclusion of yellow lines.  The Senior Engineer – Highways Development Control indicated that she would take up the concerns raised with the Streetscene Department to assess whether there was a requirement for yellow lines in the area. 

            In summing up, Councillor Halford referred to a dismantling yard which would remain in operation and she reiterated her concerns about the 6am start.  She felt that double yellow lines was the only option to stop traffic parking on the bend and she raised concern about the comment in paragraph 7.03 that businesses had been in operation for a number of years without planning permission.  Councillor Halford also raised concern that enforcement action to prevent this reoccurring was not taking place.  She also felt that the views of the objectors should be taken into account.

            The Democracy and Governance Manager advised that the fact that planning permission for previous businesses had not been sought could not be held against the applicant. 

            On being put to the vote, the amendment proposed by Councillor Lloyd for opening hours of 8am to 6pm Monday to Friday with Saturday hours remaining unchanged at 8am to 1pm, was CARRIED.  This became the substantive motion and on being put to the vote, planning permission was granted subject to that amendment to the conditions in the report.  

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) but with an amendment to the condition relating to opening hours so that opening hours are 8am to 6pm Monday to Friday and 8am to 1pm on Saturday.