Agenda item

Application Proposal: Alterations, the extension of side extension and change of use of garage to catering kitchen.

The Planning Officer presented his report to members with the aid of a Powerpoint presentation. He explained that the application was for an extension and change if use to an existing residential garage to form a catering kitchen.

Using Powerpoint, he provided images of the dwelling and neighbouring properties which were mostly large detached dwellings. He also advised that there was a stream which ran between the garage and a neighbouring property.

He explained that there were neighbour concerns over deliveries to the site as well as the hours of operation, odours and noise.

He advised members that it was his recommendation that the application be refused.

Mr M Hunt, representing himself as a member of the Parish Council, spoke in support of the application. He advised members that the road in which the garage was sited was a busy road and not a small rural lane and that there were bus stops and schools along this road. He pointed out that the Parish Council supported this application and that many people work and operate from home. He also pointed out that the effects from this application will be minimal and that there is no suggestion that other members of staff will be working on the site.

Mrs C Jeans, Mr A Smart (on behalf of Mr C and Mrs E Fuller), Mrs P Smart and Mr C Fone spoke in objection to the application. Their comments included;

·         North Cadbury is currently a quiet village

·         Will the garage windows be fixed shut and obscured?

·         Early morning noise will disrupt neighbouring children’s sleep

·         The delivery vans block the pavement.

·         This is the narrowest part of the road – there is no room for delivery vans.

·         Contrary to local plan

·         There will be no way to enforce staff numbers or deliveries on site.

·         Windows in garage will give unwanted light pollution.

·         Provides no employment opportunities and does not enhance the village

·         The site adjoins the Conservation Area and there are more suitable business units available just outside of the village.

Mr S Brenetony spoke in support of the application. He pointed out that there would be no deliveries as the applicants would collect produce themselves. He felt that small local businesses should be supported.

Ms A Conway, the applicant, addressed members. She advised that the kitchen would be used to prepare cold buffets and that this was a small scale business. She advised that food was not delivered to the site and that she collected it herself. She also advised that the food was prepared with domestic appliances only and confirmed that the commercial waste would be collected fortnightly. She referred to the NPPF and suggested that local sustainable growth should be encouraged to promote a strong local economy. She asked members to consider how important this would be to her business.

Councillor Nick Weeks, Ward Member, explained that he understood the neighbours’ concerns, however felt that deliveries weren’t a concern and offered his support to the application.

Councillor Hobhouse, also Ward Member, agreed with Councillor Nick Weeks’ comments. He explained that he also works from home and has frequent deliveries without problem. He also pointed out that this wasn’t the narrowest part of the road and that there was no reason to suggest that delivery vans would park on the pavement. He suggested that the commercial waste collections should take place within the specified hours of working.

Following the discussion, the Planning Officer confirmed that the hours of operation proposed were 6am until 2pm, six days a week. He also confirmed that the windows would be of obscured glass.

Following the discussion, it was proposed and seconded that the application be approved, contrary to the officer recommendation, as the application confirms to the NPPF and the wishes of residents stated in the North Cadbury Parish Plan, subject to conditions to confirm the following;

·         Time Limit on commencement

·         Approved plan condition

·         Hours of operation – 6am to 6pm Monday to Saturday and 8am to 6pm on Sundays and Bank Holidays.

·         Collection of waste details

·         Obscured windows

On being put to the vote, this was carried unanimously.

RESOLVED:  that planning application 18/00123/COU be approved, contrary to the officer recommendation, for the following reason;

01.          The proposed alteration and change of use of the garage, by reason of its limited scale and the proposed hours of operation, will have no demonstrable adverse impact on residential amenity, by way of odour, noise, disturbance, or overlooking. There will be no adverse impact on the visual amenity of the area or highway safety. As such, the proposal accords with policies EQ2, TA5 and TA6 of the South Somerset Local Plan, the aims and objectives of the NPPF, and the local views expressed in the North Cadbury Community Plan.

Subject to the following conditions:

01.          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans: S-1198-101& Pl-1198-101 received 3rd January 2018; PL-1198-10A received 15th January 2018 and Pl-1196-104 received 11th March 2018.

Reason: For the avoidance of doubt and in the interests of proper planning.

03.       The commercial kitchen hereby approved shall only be used between the hours of 06.00 and 18.00 hours Monday to Saturday and 08.00 and 18.00 hours on Sundays and Bank Holidays.

Reason: To safeguard the amenities of neighbouring residential property

04.       All windows on the eastern elevation of the extended garage hereby approved shall be glazed with obscure glazing prior to first occupation and shall be permanently maintained as such.

Reason: To safeguard the residential amenity of neighbouring property

NOTES

01.       The applicant is informed that appropriate times for waste collection are after

07.00 hours, not on Sundays and not in the evenings.

(Voting: unanimous)