OFFICERS REPORT - DELEGATED Ref No: 051096 Case Officer: Mr M Harris Proposal: Change of use of former car dealership with associated workshop to use as a depot for the storage, sale and fitting of motor vehicle tyres, batteries, brakes, shock absorbers, exhausts and other automotive products; carrying out of oil and oil filter changes, car safety checks, servicing and/or MOT testing centre, van hire with associated parking and storage of containers with office and ancillary retail counter Location: Border House, High Street, Saltney, Chester, CH4 8SJ Applicant: Lock Stock Self Storage Ltd Date Valid: 27 August 2013 Expiry Date: 22 October 2013 Consultation & Responses Local Member: Councillor V Gay : No objection in principle subject to ensuring that there is no rear vehicular / pedestrian access into the site/ building from the road leading off Boundary Lane Saltney Town Council: No response received Head of Public Protection: No adverse comments but recommend that operating times are limited by condition, to those as proposed by applicant. Head of Assets and Transportation: Following the receipt of amended plans in relation to the parking arrangements within the site – do not intend to make a recommendation on highway grounds. Dwr Cymru/Welsh Water: Recommend that any permission includes conditions in respect of foul,surface and land drainage. Neighbours: 1 letter of objection received the main points of which can be summarised as follows:- inadequacy of access and conflict with existing vehicular movements at this location. - there are already similar existing established businesses in the locality and a residential use of the site would be more appropriate Relevant History & Policies: 1 History 048674 – Change of use of former car dealership with associated workshop to use as depot for the storage,sale and fitting of motor vehicle tyres,batteries,brakes,shock absorbers,exhausts and other automotive products;carrying out of oil and oil filter changes,car safety checks,servicing and/or MOT testing centre. Permitted 21st July 2011 Policies Flintshire Unitary Development Plan Policy STR1 – New Development Policy STR3 – Employment Policy GEN1 – General Requirements for Development Policy GEN2 – Development Inside Settlement Boundaries Policy D1 – Design Quality, Location and Layout Policy EM4 – Location of Other Employment Development The proposal would comply with the above policies. Planning Appraisal: Introduction This is a change of use application from a former car showroom to a depot for the storage, sale and fitting of motor vehicle tyres, batteries, brakes, shock absorbers, exhausts and other automotive products; carrying out of oil and oil filter changes, car safety checks, servicing and/or MOT testing centre,together with van hire with associated parking and storage of containers with office and ancilliary retail counter Site Description The site is located on the southern side of the High Street, which comprises a mix of uses and is bounded by a petrol station to the west and residential properties to the east. Opposite the site is a mixture of residential and commercial uses. The site comprises areas of hard standing and an existing building, which was previously used as a motor showroom and workshop premises with ancillary office and storage. The building is of brick construction with a render finish. Proposal This is a change of use application from a car showroom to a) a depot for the storage, sale and fitting of motor vehicle tyres, batteries, brakes, shock absorbers, exhausts and other automotive products; carrying out of oil and oil filter changes, car safety checks, servicing and/or MOT testing centre, b)van hire with associated parking and c)storage of containers with office and ancilliary counter use. The intended trading hours would be Monday to Friday 08.30 to 18.00 hours; Saturday 08.30 to 17.00 hours and Sundays 10.00 to 16.00 hours. The application proposes the MOT depot within the existing buildings for which planning permission has previously been obtained under Code No 048674 for this use.The van /container storage would be located on the associated car parking area. 2 Principle of Development The site is within the settlement boundary of Saltney in the Flintshire Unitary Development Plan and had a previous use as a car showroom and garage. The proposed use is therefore of a similar nature to the former use, although focused on the workshop rather than the show room aspects, the current application also incorporating van/container storage and trade counters. Within settlement boundaries policy EM4 permits new industrial, office and warehousing development subject to a number of criteria in relation to the scale and design of the development in relation to its surroundings, the impact on residential or other amenity or adjacent land uses, screening of outside storage, provision of satisfactory parking, servicing and manoeuvring and the adequacy of the highway network and impact on nature conservation sites, the landscape and historic features. The proposed development is therefore acceptable in principle subject to the detailed amenity and highway issues. Access and Parking The site has two existing points of access off the High Street. Access to the proposed development would be utilising the same access points, as the previous use, with a separate access for customers and deliveries with separate parking and operational areas. The Local Member has expressed particular concerns about the potential for an alternative pedestrian access into the site being obtained from Boundary Lane with associated indiscriminate parking to the detriment of residents and conflict with movements to and from Wood Memorial School. Clarification on this particular aspect of the development has been undertaken with the applicants agent who has confirmed that the door in the rear elevation would only be used in the event of an emergency fire escape. This aspect can be covered by the imposition of a planning condition. Impact on surrounding uses and residential amenity The site is in an area with a mix of uses and the site had a previous commercial use of a similar nature to that proposed. The site is adjacent to residential properties and notwithstanding the objection received from a nearby resident the Head of Public Protection considers that a condition limiting the opening hours to those proposed in the application would limit any potential impacts to residential properties. The objection received is duly noted but application can be determined under delegated powers ( see DM – Section Meeting Notes 18/4/13 ) Conclusion The site is within the settlement boundary of Saltney and has a previous history of a commercial use. The proposed use is acceptable in this location and would not give rise to any significant impacts on residential amenity subject to control over hours of use / access. 3 Recommendation Code: / Conditions 1 T01 2 T02 3 The uses hereby approved shall only operate between the hours of 08.30 – 1800 Monday – Friday 08.30 - 1700 Saturdays 1000 – 1600 on Sundays and Bank Holidays REASON : In the interests of residential amenity and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan 4 All retail sales from the premises shall be undertaken by means of trade counter facilities and not through the establishment of separate retail unit. REASON: For the avoidance of doubt, in the interests of residential amenity and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan. 5 The proposed door in the rear elevation of the building as shown in red on the plan attached to this permission shall be used only in the event of a fire escape from the building and not as a separate means of access into the building or site. REASON : In the interests of residential amenity and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan 6 Land drainage run off shall not be permitted to discharge either directly or indirectly, into the public sewerage system REASON: To prevent hydraulic overload of the public sewerage system,pollution of the environment and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan. 7 No net increase of surface water shall be allowed to connect ( either directly or indirectly ) to the public sewerage system REASON: To prevent hydraulic overloading of the public sewerage system,to protect the health and safety of existing residents,ensure no detriment to the environment and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan 8 Foul water and surface water shall be drained separately from the site. REASON: To protect the integrity of the public sewerage system and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan 9 Prior to the bringing into use of the building or site hereby permitted a suitable petrol interceptor shall be provided in accordance with details to be submitted to and approved by the Local Planning Authority. The interceptor shall prevent the entry 4 into the public sewerage system of matter likely to interfere with the free flow of sewer contents,or which would affect the treatment and disposal of such contents. REASON: To protect the integrity of the public sewerage system,sustain an essential service to existing residents and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan. 10 No machinery,raw materials,finished or unfinished products or parts,crates,packing materials or waste shall be stacked or stored on the site except within the building(s) or designated storage area or within such other specified areas as may be subsequently approved in writing by the Local Planning Authority for this purpose,prior to it being brought into use. REASON: In the interests of visual amenity and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan. 11The storage containers as shown on the site plan forming part of this permission shall not be stacked on top of each other. REASON: For the avoidance of doubt,in the interests of visual amenity and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan In considering this planning application the Council has acted in accordance with the Human Rights Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic society in furtherance of the legitimate aims of the Act and the convention. Notes to Applicants Informatives Application forms and particulars date received 5th August 2013 Proposed Site Plan Drwg No 25550.02 date received 14th October 2013 Proposed Layout Drwg No 25550.04 date received 5 th August 2013 2 You are advised that the area is not administered for water supply by Dwr Cymru Welsh Water and contact should be made with Dee Valley Water Company on 01978 - 846946 Date of Recommendation: 22nd October 2013 5