Agenda item

Agenda item

APPLICATION NO. 15/2023/0029 BURLEY HILL GARAGE, ERYRYS

To consider an application for the change of use of land for the parking of 3 no. coaches on existing tarmacked area (retrospective application) at Burley Hill Garage, Eryrys (copy attached).

 

Minutes:

An application was submitted for the change of use of land for the parking of 3 no. Coaches on existing tarmacked area (retrospective application) at Burley Hill Garage, Eryrys, Mold (previously circulated)

 

Public Speaker –

 

Keancoaches (applicant) (For) – The public speaker stated they received the planning officers report in its entirety and on the whole, they agreed with the contents of that report in respect of the objections that have been received in this application. We note that they had been no professional objections received. We have support from the community council and from Denbighshire highways and the public protection officers.

 

The public speaker highlighted that three of the five objections received were from the same property. Two of the five received were submitted after the deadline the concerns raised regarding noise, the applicant commissioned a noise report which was found have no negative impact on the neighbouring properties. The concerns raised about the impact on highway safety historically this yard has been used for HGVs and no objections from the highway officer from Denbighshire.

 

The site previously had HGVs in the same location, and they were considerably louder than the coaches which were used and produced more emissions. There would be no visual impact compared to the planning permission already in place on the site concerns have also been raised about the number of coaches parked on the site. We would like it noted that there are two commercial units on the site which are rented both of those businesses provide repair and maintenance of commercial vehicles coaches buses vans HGV They’re currently no limitations on the number of vehicles that can be parked for repair of maintenance. There are also no restrictions on vehicle movements in and out of the site at any time only in and out of the building or application to park coaches was separate the planning terms already in place for both commercial units

 

The public Speaker stated that they were a growing business bringing economic prosperity to the rural community, they provide job opportunities to local residence, and services to schools, community groups and charities we provide we’ve got current school contracts with both Flintshire and Denbighshire County Councils, therefore, to conclude, there was simply if we can’t park coaches they can’t operate.

 

General Debate –

 

Councillor Terry Mendies (local member) fully supported the application. It’s a straightforward application which was to park three coaches in a yard in rural setting, and we should be encouraging small business enterprises.

 

However, Councillor Mendies proposed an amendment to the application that the hours be almost in keeping with the current times of use of the yard. At present it was - 8.00am - 6.00pm Monday Friday; 8.00am- 1.00pm Saturdays and no activity allowed on Sundays or public holidays; Councillor Mendies also outlined he was not supporting the proposal for 24/7 access to the site.

 

Having spoken to the residents and given that the coaches referred to in this application are for school runs it would be pertinent to amend the hours to start at 7.30am, and to adhere to the current restrictions of 6.00pm.

 

This yard was in the AONB, and it would be unacceptable to have coaches coming and going at all hours.

 

Councillor Mendies highlighting point 1.7.2 within the report which was ‘It was noted that there are still potentially some breaches of planning control on the site which sit outside of the control of this planning application. However, members are advised that these are not a material consideration in determining this application and can be dealt with separately. Members are advised to consider this application solely on the basis of what was being asked for – the parking of 3 coaches/buses on the site’ Councillor Mendies then closed by stating due to the potential of breaches could planning officers be on notice to ensure robust enforcement would be carried out if necessary.

 

Officers responded to the points raised by the local member, they highlighted that were no current restrictions on the site relating to vehicles entering and leaving the site - vehicles could come and go as they pleased. The applicants had carried out an assessment on the noise caused by bus engines starting up on the site, and it showed the noise from buses likely to not be detrimental to the surrounding residents. However it was noted that if any complaints were received the public preotection team could deal with them through statutory nuisance legislation.

 

Prior to continuing the debate, the chair sought a seconder for Councillor Mendies’ proposed amendment, there were no seconder to the proposal therefore the proposal was quashed.

 

Councillor Merfyn Parry spoke in support of the application, he stated that the application supported a local business and any restrictions on operational times for the business could hamper it, therefore.

 

Proposal Councillor Merfyn Parry proposed the application be granted in accordance with officer recommendations, seconded by Councillor Andrea Tomlin.

 

Councillor Tomlin, also agreed with the application, and due to personal experience believed as the applicant offered rail replacement service, being able to operate 24/7 was essential.

 

Vote –

For- 19

Against – 0

Abstain – 0

 

RESOLVED: that the application be GRANTED in accordance with officer recommendation.

 

 

Supporting documents: