Agenda item

Note: Councillor Pilkington declared an Appendix A, paragraph 13 interest by virtue of his trade being in the marine engine business. He left the meeting while the application was determined.

Members considered the site inspection report which suggested amendments to the conditions of the report of the Business Manager circulated with the agenda for the Planning Committee on 21 November 2017.  It also suggested an amendment to the description of the application to be

‘Changeofuseofyardfrom storage(UseClassB8)toa mixeduseofstorageanda boat yard andtheextensionofworkinghours ofthe buildingto 8.30amto 1pmonSaturdays.’ This would preventthe useofthesite for anyothergeneral industrial B2 usewithout planning permission.

The Business Manager reported he had received correspondence suggesting that the site inspection was not properly conducted and should be re-run for two reasons: one of the Parish Council’s representatives may have had an interest; and the noise tests carried out lacked any technical basis and could not be considered as evidence on which to base a decision. On the first point, the Business Manager advised that the Site Inspection is not a formal decision-making meeting so there is no requirement for Parish representatives to declare any interest.  The formal views of the Parish Council are contained within the report of the site inspection circulated with the agenda for the meeting.  These views are not superseded by the informal comments of the representatives at the Inspection. On the second point the Business Manager added that the purpose of the site inspection was to assess the relationship between the site and neighbouring properties and to consider how any noise from the site may impact on these properties.  The Environmental Health Officer was consulted prior to the Site Inspection to see whether it would be possible to have noise measuring equipment at the inspection.  However it was his considered opinion that this would only provide a snapshot of the overall impact of the development and it would be affected by the vagaries of the weather and other prevalent conditions on the particular day and time of the visit.  So, although Members were able to hear some noise-generating activity during the inspection, he advised the Committee not to place any great weight on what Members heard on the day from the site or the adjoining railway, as this may not be an accurate reflection of day to day noise from the site and surroundings.  The real purpose of the visit was to see the location of the site in relation to surrounding properties and to consider how any noise from the site would cause an impact, not just the noise Members heard at the inspection.  He urged the Committee that it is on this basis that Members should determine the application.

Public speaker, objector – There was no attempt to assess the noise from the site at the site inspection, given that noise is the issue of objectors’ complaints; the noise from the site lasts much longer than the sample noise levels produced for the inspection; one of the parish council representatives declared an interest at the Parish Council meeting but did not declare his interest at the site inspection, and therefore the credibility of the site inspection is questionable; and the Applicant’s agreement to Saturday morning should be conditioned.

Public speaker, supporter – All conditions will be complied with; means to reduce noise will also be complied with, such as water tanks, acoustic boxes and time restrictions.

Comments made by Members included: the site inspection team visited a number of neighbouring properties to assess the distance from the site; members listened while in close proximity to a large running outboard motor and a pressure washer; conditions restrict the use of the site and noise that can emanate from it; the change to the application description would restrict the use of the site; noise would be controlled by environmental health legislation and conditions; and there is no objection from Devon County Highways.

It was proposed by Councillor Clarance, seconded by Councillor Fusco and

Resolved

Permissionbe grantedsubjecttoconditions:

1.   Standard3 year timelimitfor commencement.

2.   Developmentto proceedin accordancewith theapprovedplans.

3.    Notwithstandingthe provisions of theTownandCountryPlanning(GeneralPermitted Development) Order2015(as amended) (oranyorder revokingandre-enactingthat Order with our withoutmodification) thebuildinganduse ofboat yard herebypermitted shallbeusedforboatrepair,boatstorageandmaintenanceworks onlyandfor no otherpurposeincludinganother purposeinClassB2 or thatwouldotherwise bea permittedchangeto B1.

4.   The useofthebuildingandboatyardforboatrepair andmaintenance          works hereby approvedshallnottake place other thanbetween the           followinghours of 8.30am to 5.30pm MondaytoFriday, 8.30amto1pm           onSaturdays andnotatallonSundays or Bank Holidays andthere shall      be nodeliveries outsideofthesehours.

5.    An acoustically-shroudedenclosurefor thecontainmentofthecompressor usedfor thede-fouling of theboathulls shall beinstalledonsite within3 months of this decisionunlessotherwise agreedin writingby the Local PlanningAuthorityandshall be designed,andonceinstalledtested,toensure thatnoisearisingfrom the compressor doesnot exceedmorethan5dBabove thebackgroundnoiselevels prevailingatthe time atthenearestresidential dwellings.

6.    An on-sitewater tankforthetesting andrunning ofall outboardengines shallbe installedonsitewithin3 months of thisdecisionandshall be usedfor thetesting and running of alloutboardengines thereafter.  Noengines shallbeallowedtorun dryin thebuildingor boat yard.

7.    Noise arisingfrom theuseofthecompressoror anyother mechanical equipment includingvehiclemovementsin connectionwith thebusinessonsiteshallbelimited to 8.30am to 5.30pmMondaytoFridayand 8.30am to 1.00pm on Saturdays andnotat all onSundays and/orBank Holidays andatno timeshall noise arisingfromtheuseof mechanicalequipmentexceedmorethan5dB above the backgroundnoiselevels prevailingatthe time atthenearestresidential dwelling(s).

(14 votes for and 0 against)