Agenda item

Proposed timber storage shed and flue associated with extraction system and retention of solar panels, fridge, freezer, storage container and hard standing to rear.

The Committee considered a report of the Planning Officer regarding a proposed timber storage shed and flue associated with extraction system and the retention of solar panels, fridge, freezer, storage container and hard standing to the rear of 107A High Street, Carville, Durham (for copy see file of Minutes).

The Principal Planning Officer gave a detailed presentation on the application which included photographs of the site.  Members had visited the site earlier in the day and were familiar with the location and setting. Members were reminded that the application had previously been considered at a meeting of the Committee held in September 2012 and that a decision on the application had been deferred on the basis that there were outstanding issues to be resolved. The Principal Planning Officer advised that since that meeting, appropriate changes had been made to the application which addressed those issues.

Councillor Holroyd, local member, addressed the Committee. He began by providing the Committee with an overview of the development of Executive Catering. Initially, the company prepared and provided light foods for consumption off the premises, this activity necessitated very few vehicle movements and working hours were mainly in the daytime/early evening. The addition of hog roasting had resulted in a significant increase in vehicle movements and an extension of the operating times.

Councillor Holroyd continued that the original planning application for the premises was for the provision of a catering service providing sandwiches and light foods from the premises with parking provision for 2 vehicles. Over the last 3 to 4 years, Councillor Holroyd stated that the business had developed into a Hog Roast/Catering company which was cooking in the region of 400 to 500 pigs per year, operating 5 vehicles and trailers from the establishment. In addition to their own vehicle movement, Councillor Holroyd informed the Committee that there were numerous deliveries by large trucks sometimes in the early morning and often during the day, and due to restricted access, those vehicles reversed up a cul-de-sac and frequently needed to mount the footpath to gain access.

The entrance was the sole entrance to three houses and their garages and the garages to a further three properties. Councillor Holroyd believed that the hog roasting had generated significantly more traffic making access to those properties more difficult. Previous applications by the company had been turned down on the grounds of the generation of additional traffic.

In relation to the solar panels, Councillor Holroyd informed the Committee that the company had installed 16x0.5kw solar panels, generating 8kw. He advised that solar panels were live during daylight at an average constant voltage of 400+volts DC. Councillor Holroyd considered the location of the panels, their low height and the ease of access to them, to be a significant hazard.

Councillor Holroyd advised Members that he had panels installed on his property and upon their installation was issued with several warnings on the high voltage present in the panels and that unless familiar with the DC systems, no attempts should be made to touch the panels or the cables.

He was concerned that the solar panels at the premises could be easily accessed by children, especially as there had been recent instances of children climbing on roofs of other properties in Carville. Councillor Holroyd therefore requested that the Committee defer approval of the application until such time as the solar panels were removed to a safer location.

In relation to the appearance and surroundings of the premises, Councillor Holroyd informed the Committee that the unit was surrounded by residential development and a few retail outlets. There were 2 other food retailers on the High Street, all other commercial premises were non-manufacturing. Councillor Holroyd believed that the process of hog roasting was not sympathetic to that environment. Furthermore, Councillor Holroyd stated that although the development was almost invisible from the High Street, it was very visible from several other properties to the rear of, and adjacent to, the development.

Councillor Holroyd welcomed the limitation to operating hours detailed in the Planning Officers report however was concerned as to how that would be monitored and what actions would be taken should those hours be breached.

Councillor Holroyd circulated to the Committee photographs of the property to highlight the access issues, and a letter from the resident of 110A High Street, highlighting errors in the submission.

Councillor C Pattinson, Chair of Belmont Parish Council, addressed the Committee. He informed Members that following representations from residents and several visits to the site, the Parish Council had given serious consideration to the application. The Parish were of the opinion that residents were justified in their concerns regarding unsociable working hours, strong odours from the premises and noise from the premises during the night. The Parish believed that the current use at the property was unacceptable.

Other issues upheld by the Parish Council included restricted vehicle access, pollution of the drainage system, concerns regarding the safety and appearance of the solar panels and overdevelopment of the site. The Parish believed that the operation would be better situated at an industrial location.

Councillor Pattinson informed Members that, with particular reference to the flue, the proposals were of a poor design quality and unsympathetic to the surroundings.

The Parish Council felt that the usage of the premises had changed significantly since the original planning permission had been granted and the generation of extra traffic was detrimental to safety, as well as causing access problems.

Councillor Pattinson raised concerns regarding the condition to the application which restricted the operating hours of the ventilation system. He requested Members to consider that the company may continue to operate outside of those hours without ventilation. The Parish Council were also concerned that should the application be approved the development may not occur for up to 3 years, it was therefore the view of the Parish that the company should cease operation until all approved measures were in place.

Mr W Meikle, local resident, addressed the Committee. He informed Members that in relation to noise generated from the freezer, the report of the County Council Environmental Health Officers, comprising of noise monitoring over a 3 day period, concluded that the average night time noise was 35 decibels. Guidelines for continuous night time noise indicated that levels should not exceed 30 decibels through a closed window. He informed the Committee that the refrigerator generated a continuous low frequency hum right through the night, which he believed could be eliminated with a simple modification to the equipment.

In relation to the solar panels, Mr Meikle advised that he was not against the principle of the panels, he just objected to the location of them. He informed Members that they were only 2 metres high from the footpath, producing a dangerous DC current, and he was fearful for the safety of children around them. He informed Members that the Health and Safety Act stated that development should have appropriate regard to safety especially where construction could cause danger. He requested that the Committee refused the retention of the solar panels, and that they should be relocated to a safer and more suitable location.

The Principal Planning Officer responded to the issues raised by all objectors as follows:

• Operating of Business – The business was long established since 1986 and attempts had been made by the applicant to rectify some of the issues presented by the site. The original planning permission gave no restrictions on the types of foods which could be produced on the premises or the operating hours as such no enforcement action in that regard was possible. Although it was acknowledged that the use of the premises had expanded over time, the use was still within the remit of the original planning permission.
• Solar Panels – the safety of the panels was purely the responsibility of the applicant, to ensure that the panels could be accessed. If someone was on the roof of the property and thus close enough to touch the panels/cables, then it was suggested that they would be there without due cause.
• Location – Although the business may be better suited to an industrial location, that was not what the application was for and so was irrelevant.
• Filtration System – In response to concerns regarding the time it could take for the filtration system to be installed, it was suggested that a condition could be applied which would require the applicant to install the system within a set period of time.
• Noise Assessment – This was addressed in the officers report, advice had been sought from Environmental Health and an Environmental Health Officer was in attendance at the meeting to address any concerns.

Mr P Hewitson addressed the Committee on behalf of the applicant. Mr Hewitson was the son of the proprietors of Executive Catering and Coach Services.

He began by informing the Committee that there had never been any instances of anyone accessing the roof of the premises, including children, even prior to the solar panel installation. Furthermore the panels had been professionally installed.

In relation to the hog roasting, Mr Hewitson informed the Committee that the roasting only took place on Thursdays and Fridays between the hours of 7am and 5pm.

The vehicles were parked at either the front or rear of the property and as such did not prohibit access.

In relation to the storage of gas cylinders, Mr Hewitson informed Members that Environmental Health were satisfied with the arrangements which were in place.

On the issue of the drains, Mr Hewitson advised that Northumbrian Water had inspected the drains on two occasions and had raised no issues.

Mr Hewitson drew attention to the fact that there were several other food retailers on the High Street, and that although when Executive Catering had been established only light foods were prepared, the company had been forced to adapt to the changing market, hence the introduction of hog roasts.

In relation to the issue of odours, Mr Hewitson informed the Committee that the company had worked closely with both Environmental Health and Planning to mitigate possible odours, and could ensure that odours would be dispersed at a high level. The flue would be sustained at the peak of the building both to minimise visual impact and to maximise the height of dispersion.

Mr J Dodds, Environmental Health Officer, addressed the Committee.

In relation to the noise from the extraction fan, the Committee were advised that Environmental Health were satisfied that there would be no significant increase in background noise from the fan.

It was acknowledged that the fridge and freezer emitted a low frequency tonal noise, and the Committee were informed that the applicant was willing to enlist engineers and consultants to work at eliminating the noise further. Mr Dodds suggested that a condition could be added to the application to insist that such works were undertaken, to be overseen by Environmental Health.

Both Councillor Blakey and Councillor Taylor acknowledged that the business had been long established and wondered why there had not been previous dialogue between the Parish Council and the company.

Councillor Taylor, in moving approval of the application, proposed that the additional conditions suggested earlier in the meeting, be added to the permission as follows:

• a condition requiring that the filtration system be installed within three months of the application being approved;
• a condition requiring that the applicant enlist engineers and consultants to work on eliminating the noise from the fridge and freezer, to be overseen by Environmental Health.

Councillor Charlton also supported the application with the addition of the two conditions.

The Legal Officer agreed that in principle the 2 conditions could be applied to the application, however suggested that the formulation of the conditions be delegated to Planning Officers.

Resolved:

That the application be approved, subject to the conditions outlined in the report and two additional conditions to be formulated by officers relating to:

• the imposition of a three month time limit for the installation of the filtration system;
• the noise attenuation measures to be undertaken in order to eliminate noise from the fridge and freezer.