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: