Agenda item - 19/01598/FP - SERVICE STATION, BEDFORD ROAD, HITCHIN, HERTFORDSHIRE SG5 2UG

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Re-development and enlargement of shop, works to existing canopy and increase number of parking spaces, (as amended by drawings received 16/10/2019).

RESOLVED: That, subject to the additional conditions and informatives below, application 19/01598/FP be GRANTED planning permission.

Condition 8.

No external lighting shall be installed unless prior agreement has been obtained in writing by the Local Planning Authority. Any lighting agreed shall be implemented as approved.

Reason: in the interests of the living conditions of nearby residential properties.

Condition 9.

Prior to the provision of the new car parking spaces, a surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be implemented as approved before the new shop is first brought into use.

Reason: In the interests of controlling surface water drainage within the site.

Additional informative to read:

“The storage of materials associated with the construction of the site shall be provided within the site on land which is not public highway and the use of such areas must not interfere with the public highway.”

Audio Recording – 2 minutes 59 seconds

Re-development and enlargement of shop, works to existing canopy and increase number of parking spaces, (as amended by drawings received 16/10/2019).

The Principal Planning Officer presented the report in respect of application 19/01598/FP supported by a visual presentation consisting of photographs and plans.

She advised of the following updates to the report:

· Comments had been received from Keep Hitchin Special who objected to the increase in size as this was in a residential area and would create problems as there was no dedicated area for loading and unloading of goods;

· Anglian Water had provided no comment;

· The Highway Authority had recommended an additional informative to read:

“The storage of materials associated with the construction of the site shall be provided within the site on land which is not public highway and the use of such areas must not interfere with the public highway.”

Ms Elizabeth Weston thanked the Chairman for the opportunity to address the Committee in objection to application 19/01598/FP as follows:

· She owned 1 Deacons Way;

· This used to be a small petrol station, but had grown over the years;

· It had become very disturbing and she has had to call the police;

· If it gets bigger it will attract more people and be noisier;

· The plans show that large trees would be removed;

· She did not want a larger shop in a residential area;

· This was already a very busy 24 hour shop and off licence;

· There would be more traffic and there was no space for delivery vans;

· This would be an eyesore and reduce the value of properties.

The Chairman thanked Ms Weston for her presentation.

Councillor Ian Albert thanked the Chairman for the opportunity to address the Committee regarding the reasons for calling in application 19/01598/FP as follows:

· Since he called in the application the application had improved, but there were still issues;

· The parking spaces were small and on a slope meaning lights would shine into houses and flats in King Georges Close;

· The 11pm closing time was helpful, but it needed to be earlier;

· It would be an inconvenience for residents;

· The site for holding supplies, near Deacons Way, would disturb residents with loading noise and there were no set times and set space for unloading;

· Residents would be concerned if additional lighting was installed;

· Although Anglian Water has made no comment, there were issues with flooding.

The Senior Planning Officer advised that:

· The compound was to be enclosed by acoustic fencing;

· A condition could be put in place to restrict additional lighting.

The following Members asked questions of Councillor Albert:

· Councillor Michael Weeks;

· Councillor Mike Rice.

In response to questions Councillor Albert advised that the shop and garage were open 24 hours a day.

The Chairman thanked Councillor Albert for his presentation.

Mr Richard Baker and Mr Adam Bamford, Applicant’s Agent and noise consultant, thanked the Chairman for the opportunity to address the Committee in support of application 19/01598/FP as follows:

· The garage already held a 24 hour alcohol licence and had been operating 24 hours a day since 2012;

· The business had been operated by the applicant and his family since 2012;

· The application was designed to meet the need of his customers, whilst not causing detriment to the neighbours;

· The application was supported in the emerging Local Plan;

· They had worked closely with officers to put in place conditions;

· Some neighbours had expressed some concern although residents were not completely against the plans;

· Substantial alterations had been made to address concerns raised;

· There had been no complaints from the police or residents since the family had taken over the shop;

· The car was would remain in the current location with no alteration;

· There would be landscaping put in place;

· This was a neighbourhood convenience store and it was envisaged that most sales happening in standard hours;

· The noise assessment complied with National guidelines and was Council approved;

· The noise was assessed over 7 days;

· Measures had been proposed to mitigate noise;

· The scheme was acoustically acceptable.

The following Members asked questions:

· Councillor Val Bryant;

· Councillor David Levett;

· Councillor Terry Tyler.

In response Mr Baker and Mr Bamford advised that:

· They had not researched other convenience stores in the area, but were reacting to the needs of their existing customers;

· The storage of gas bottle was overseen by the Petroleum Officer;

· The noise assessment was undertaken over a 24/7 period.

The Chairman thanked Mr Baker and Nr Bamford for their presentation.

The senior Planning Officer advised that the applicant was not required to demonstrate need.

The following Members asked questions and took part in the debate:

· Councillor Michael Weeks:

· Councillor Sue Ngwala;

· Councillor Val Bryant;

· Councillor Terry Tyler;

· Councillor Mike Rice;

· Councillor David Levett;

· Councillor Tony Hunter;

· Councillor Ian Mantle.

In response to questions and comments the Senior Planning Officer advised:

· Policy 8 outlined what would be normally acceptable, however if Members had objections that this may cause harm to local residents it would be a valid objection;

· There was a condition recommended to restrict parking between the hours of 11pm and 7am, which is considered as the hours of sleep;

· The trees to be removed included leylandi and a few conifers;

· The Leylandi trees had limited aesthetic value;

· A landscaping scheme could be conditioned.

It was proposed by Councillor David Levett and seconded by Councillor Morgan Derbyshire that application 19/01598/FP be granted planning permission with additional conditions regarding lighting and drainage and informatives.

Upon the vote it was: