Agenda item

            That temporary planning permission for a period of 18 months be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

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 16 June 2014.  The usual consultations had been undertaken and the responses received detailed in the report.    

                        The officer detailed the background to the report and reminded Members that the application was for retrospective planning permission and that even though objections had been received from the Local Member and Sealand Community Council, the recommendation was for approval. 

                        Mr. L. Smith, the agent for the applicant, spoke in support of the application.  He said that the site had a long and troubled history and that the applicant wanted to realise the economic aspect of the site and if approved, would employ two people on a full time basis to undertake caravan servicing.  The current consent for B1 use did not have any control for hours of operation and approval of the application would restrict movement of caravans into and out of the site, which would not be used for caravan storage, only servicing.   

                        Councillor Derek Butler proposed the recommendation for approval which was duly seconded.  He felt that the proposal was a resolution to the ongoing difficulties and commented on the fact that the site was poorly designated as B1 without conditions and that the conditions which included hours of operation would provide more control over the site. 

                        In response to a question from Councillor Owen Thomas, the officer said that the area of the site in the proposal equated to the same as had been applied for under the Certificate of Lawfulness for B1 use. 

                        Councillor Richard Lloyd requested that a condition be included on the number of caravans stored on the site in addition to the conditions about height of stored vehicles or materials and the hours of opening.  The Development Manager said that the number of caravans would to an extent be self limiting as the application site was relatively small in relation to the total land holding. 

                        Councillor Paul Shotton said that the access to the site was on an unadopted road and had a footpath on one side of the road which children used to walk to school.  He said that the site was on green barrier land and the proposal would create lots of traffic and noise and the security lights on the site would affect the residents in the neighbouring properties.  Caravans would have difficulties accessing the site if residents cars were parked on the road and he queried the number of caravans on the site at present. 

                         In referring to a comment by the agent that caravans would not be stored on the site, Councillor Marion Bateman queried how this could be determined.  The officer responded that the application was for storage of caravans and the original B1 use had no restrictions on hours of operation or height of storage.  The proposal would allow more control over the site with the conditions requested and he added that there were currently approximately 50 caravans on the site, so the visual impact would also be reduced. 

                        Councillor Richard Jones queried whether a condition could be included, to protect the residents, that the owners of the site pay for the upkeep of the unadopted road if the residents were responsible for its maintenance.  The Democracy & Governance Manager advised that this was a civil matter and not a planning consideration.  Councillor Mike Lowe felt that the restricted hours of use of 8am to 8pm would not be adhered to.  The officer explained that there were no restrictions on the current B1 use and that it would be an enforcement issue if the conditions were not complied with.  Councillor Owen Thomas said that there had been a number of enforcement issues on the site and queried what work had been undertaken to ensure the applicant complied with any restrictions.  The Development Manager advised that previous enforcement issues were not directly relevant to this application but that the Certificate of Lawfulness established the use of this part of the site.  He reminded Members of Councillor Butler’s comments that a planning permission would allow more control of the site. 

In summing up, Councillor Butler said that the conditions suggested would regularise the use of the site and would allow enforcement action to be taken if the conditions were not complied with.  He suggested that the applicant could plant leylandii trees to screen the site. 

On being put to the vote, the proposal to approve the application was LOST.

The Chief Officer (Planning and Environment) noting the  concerns about the impact on amenity and enforcement issues, suggested that a temporary permission be granted to allow the site to be monitored.  Councillor Gareth Roberts proposed that the application be approved for a temporary period of 12 months, which was duly seconded.  Councillor Owen Thomas suggested that the application should be approved for a period of 18 months to cover the remainder of this season and the whole of the 2015 holiday season.  Councillor Roberts amended his proposal to temporary permission for 18 months which the seconder also agreed with. 

On being put to the vote, the proposal to approve the application for a temporary period of 18 months, subject to conditions and the applicant then having to reapply for permission, was CARRIED.

            RESOLVED:

            That temporary planning permission for a period of 18 months be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).