#APPROVAL#

Document Sample
#APPROVAL# Powered By Docstoc
					     PLANNING COMMITTEE DATE 22/08/2005


APPLIC REF NO 2005/106/WT                                      DATE RECEIVED               04/02/2005

CASE OFFICER             Michael Avery                         DATE OF EXPIRY              01/04/2005

APPLICANT                JOHN DOCHERTY

LOCATION AND DESCRIPTION OF PROPOSAL
-------------------------------------------------------------------------------------------------------------
                         UNIT 2/3 - INTAKE BUSINESS CENTRE KIRKLAND AVENUE
                         MANSFIELD NG185QP

                         RETROSPECTIVE APPLICATION FOR PRIVATE HIRE TAXI
                         BASE (ACCESS FROM KIRKLAND AVENUE) AND AERIAL TO
                         THE REAR OF INTAKE BUSINESS CENTRE.
-------------------------------------------------------------------------------------------------------------

      RECOMMENDATION:                    GRANT PLANNING PERMISSION WITH
                                         CONDITIONS

     DESCRIPTION OF PROPOSAL AND APPLICATION SITE

     Members will recall that planning permission was refused for a 24 hour taxi
     base at the meeting of the Planning Committee on 23rd August, 2004.

     The application site is located within the Intake Business Centre. Units 2/3 are
     located opposite detached houses on Sylvester Street. The northwest of the
     site is bound by industrial units and the Intake Leisure Centre. The east of the
     site is bound by the Towers pub. There is a car park to the rear of the site, a
     large proportion of which is used by a driver training school operating from the
     Intake Business Centre.

     Following the refusal of permission in August 2004, the taxi business has
     continued to operate from the site. The applicant has advised that there are
     currently 4 drivers employed by the business running a total of two taxis. In
     order to address the previous reason for refusal, it is proposed to use an
     alternative access to the opposite side of the Intake Business Centre, off
     Kirkland Avenue. This access runs parallel to the side of the Intake Leisure
     Club. Sylvester Street would not be used to access the taxi base.

     The unauthorised aerial erected at the site in connection with the previous
     refusal has been moved to the back of the Intake Business Centre and is less
     visually prominent when viewed from Sylvester Street.

     RELEVANT SITE HISTORY

     2004/757/WT- Planning permission was refused for the taxi base in August,
     2004. The application was considered to be contrary to policy E3 of the
     Mansfield District Local Plan due to the use creating an increase in vehicular
     movements and other nuisance outside of normal working hours, particularly
     in respect to the opposite houses on Sylvester Street.
PLANNING COMMITTEE DATE 22/08/2005



94/11739/0177/P- Planning permission was granted on appeal to use unit B13
(located at the back of the Intake Business Centre) as a taxi control office.
There was a restrictive condition on this permission which prevented any taxi
entering or leaving the Intake Business Centre between midnight and 07:00
hours.

OBSERVATIONS RECEIVED

Throughout this report observations received in respect of each application
are presented in summary form. The full letters are available for inspection
both prior to and at the meeting.

Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.

1)      Head of Leisure and Technical Services (Highways)

No highway observation

2)      Risk and Community Protection Manager

I have some concerns regarding the application. These relate to the potential
for noise and disturbance to properties on Sylvester Street from the
movement of vehicles used by the taxi firm. This is likely to be a problem in
the night time period and any restrictions on preventing vehicles using
Sylvester Street at these times that may be conditioned may be very difficult
to enforce.

3)      Members of the Public

A petition has been received from the occupiers of 7, 9 and 11 Kirkland
Avenue. The grounds of this petition are summarised below:

     1. There is already a HGV driving school at the site. These vehicles
        encroach the pavement in front of Nos. 7, 9 and 11 Kirkland Avenue.
        Such vehicles hold up traffic and cause concern with regard to
        boundary walls;
     2. Traffic is created from the van hire business, motorcycle business and
        patrons of the Intake Leisure Club. Traffic is also created by the
        adjacent industrial site, including the already approved taxi business;
     3. Kirkland Avenue cannot sustain any more vehicle related businesses in
        addition to the existing business;
     4. The access onto Kirkland Avenue is insufficient.

POLICY & GUIDANCE

Adopted Mansfield District Local Plan (1998), Policy E3. This policy seeks to
ensure that employment uses within the urban boundary integrate with the
PLANNING COMMITTEE DATE 22/08/2005


existing settlement and surrounding land uses without having a detrimental
effect on the amenity of the surrounding area.

ISSUES

The key issue in respect of this application is the impact which the business
has and will have on future residential amenities enjoyed by the occupiers of
the residential properties in the immediate locality.

The Intake Business Centre was previously occupied by one user, though in
recent years the centre has been sub divided as necessary by the site
operator and let to various tenants. This has led to an increase in the number
of comings and goings at the site and has generated more traffic in terms of
vehicle movements and parking on Sylvester Street. This cumulative effect
has caused disruption to the occupiers of nearby residential properties during
working hours. I am of the view that this level of disruption should not further
increase and this is a material planning consideration when considering any
planning application at the site. However, balanced against this, it should be
noted that the existing residential properties have always been in close
proximity to commercial premises.

This revised application proposes the use of an access off Kirkland Avenue
on the opposite side of the Intake Business Centre which leads to a parking
area to the rear of the site. The access passes between the Intake Leisure
Club and a Salvation Army Centre and therefore no disruption would be
caused to these uses by vehicles. To the other side of this Salvation Army
Centre is another Taxi base occupied by 1-2-3 Taxis. Residents living
opposite this access on Kirkland Avenue have expressed concern due to the
cumulative impact of transport based activities at the site. However, I am of
the opinion that this use will not have a detrimental impact upon their
residential amenities as vehicles will not be parked and manoeuvred on the
highway as it is proposed to park and manoeuvre taxis to the rear of the
building where there are no residential properties. This situation is different to
the situation in the previous planning application whereby taxis would park
and manoeuvre directly outside the residential properties on Sylvester Street.

Planning permission was previously granted at appeal for unit B13 at The
Intake Business Centre. There was a restrictive condition attached to this
permission which prevented any taxi entering and leaving the site between
midnight and 07:00hrs on any day. This condition was also applied to the
planning permission which was granted at the taxi business operating from
Unit 1A Kirkland Avenue. Such a condition should also be attached to this site
should planning permission be granted. This would further ensure that the
amenities currently enjoyed by the occupiers of the properties on Kirkland
Avenue are not reduced.

There is an internal pedestrian link through the Intake Business Centre to gain
access to units 2/3 from the rear of the building. I am therefore of the opinion
that there would not be any additional disturbance caused to the occupiers of
the properties on Sylvester Street if the access to the building were to be
PLANNING COMMITTEE DATE 22/08/2005


restricted to the rear, and the side door onto Sylvester Street restricted to
emergency use only. Highways have been consulted and have not raised any
concerns to the proposal.

The Risk and Community Protection Manager has expressed concern that
any conditions regarding access from Sylvester Street would be difficult to
enforce. However, I am of the view that a condition to restrict taxis entering
and leaving Sylvester Street is a reasonable and enforceable condition given
the proximity of residential properties, and case law supports this view.
Furthermore, If the use of the entrance door onto Sylvester Street is restricted
to emergency use only, this would further enforce the proposed restrictive
condition by discouraging taxis from using Sylvester Street.

An aerial has been erected to the rear of the Intake Business Centre which
replaces a previous aerial directly outside units 2/3 opposite houses on
Sylvester Street. The rear of the site is less visible from the surrounding
residential properties. I am therefore of the opinion that the aerial erected is
visually acceptable in this particular location.

CONCLUSION

In my opinion the revised access arrangements at the site incorporating the
side/rear access from Kirkland Avenue and a restriction on taxi s
entering/leaving the site between midnight and 07:00 hrs, controlled by way of
a restrictive condition overcomes the previous reason for refusal and will
ensure that the amenities of nearby residential properties are safeguarded
should the business expand further. The unauthorised aerial has been moved
to a much less prominent location to the rear. In view of these considerations,
I am of the opinion that planning permission should be granted with
conditions.

RECOMMENDED CONDITIONS/REASONS/NOTES

SUMMARY OF REASONS FOR DECISION

In the opinion of the Local Planning Authority the proposal is in accordance
with Policy E3 of the adopted Mansfield District Local Plan 1998. It is
considered that the proposal will integrate with the existing pattern of
settlement and surrounding land uses without having a detrimental impact on
the amenities of nearby residential occupiers. There are no other material
considerations that indicate a decision should be taken at variance with this
policy.

(1) Within 28 days of this decision, a detailed parking layout designating
parking spaces at the rear of the premises for use in connection with the
approved use shall be submitted to the Local Planning Authority for approval.
The parking spaces shall then be marked out and made available for use
within 28 days of the approval of these details.

Reason: To ensure satisfactory parking provision within the site.
PLANNING COMMITTEE DATE 22/08/2005


(2) Following the implementation of the details approved pursuant to
Condition 1, all taxis operating from the premises shall, when calling at or
waiting at the premises, only park within the approved parking area.
Vehicular access to this parking area shall be from Kirkland Avenue only.

Reason: To protect the residential amenities of the occupiers of the properties
on Sylvester Street, in accordance with Policy E3 of the adopted Mansfield
District Local Plan 1998.

(3) No taxis shall enter or leave the Intake Business Centre between midnight
and 0700 hours on any day.

Reason: To protect the residential amenities of the occupiers of nearby
residential properties in accordance with policy E3 of the adopted Mansfield
District Local Plan 1998.

(4) Within 28 days the rear access to unit 2/3 shall be made available. The
personnel entrance door to the unit leading onto Sylvester Street shall only be
used in the event of an emergency and shall not be used at any other time
without the prior written consent of the Lcoal Planning Authority.

Reason: To protect the residential amenities of the occupiers of the
properties on Sylvester Street, in accordance with Policy E3 of the adopted
Mansfield District Local Plan 1998.

(5) The permission hereby granted shall be read in conjunction with the
submitted application and supporting statement received by the Local
Planning Authority on 4 February 2005.

Reason: to define the permission.
PLANNING COMMITTEE DATE 22/08/2005

				
DOCUMENT INFO
Shared By:
Categories:
Tags: #APPROVAL#
Stats:
views:31
posted:3/23/2010
language:English
pages:6