Agenda item

[NOTE 1: The Planning Officer advised the Committee of an update to condition 24 as shown below;

24. ++ Prior to the first use of units 7, 8 and 9 in Class B2 (motor vehicle repair) details of acoustic mitigation along the west boundary of the site adjacent to No.169 Goldsworth Road shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented in full prior to the first occupation of units 7, 8 and 9 in Class B2 (motor vehicle repair) use and shall be retained in perpetuity thereafter.

Reason: To safeguard the residential amenities of existing adjoining and nearby residential occupiers in accordance with Policy CS21 of the Woking Core Strategy (2012), Policy DM7 of the Development Management Policies DPD (2016) and the provisions of the National Planning Policy Framework (NPPF).

[NOTE 2: In accordance with the procedure for public speaking at Planning Committee, Mr Graham Hills attended the meeting and spoke in objection to the application and Mr Kyle Gellatly spoke in support.]

The Committee considered an application for the demolition of all existing buildings and structures and construction of a new commercial/industrial estate of 12 units together with parking, hard and soft landscaping and associated ancillary works. Units 5, 11 and 12 within Use Class E(g) (Commercial, Business and Service) only, Units 1, 2, 3, 4, 6 and 10 within Use Class E(g) (Commercial, Business and Service) or Use Class B8 (Storage or distribution) and Units 7, 8 and 9 within Use Class E(g) (Commercial, Business and Service) use Class B2 (General Industry) or Use Class B8 (Storage or distribution)

The Planning Officer advised that the B2 use had been added to overcome the prior reason for refusal.

Some Members commented that when the previous application for this site was discussed by the Planning Committee, they had come up with numerous reasons why they thought it should have been refused. The advice at the time had been that these were subjective and were unlikely to hold up when challenged, so the Committee had refused on the grounds that the proposed development would fail to cater for flexibility to (re)accommodate existing motor vehicle repair occupiers (which fall within Use Class B2) which were based on the site, and thus failed to take into account local business needs. Some Members were now disappointed as this reason had been overcome, however the Mabel Street access would remain congested with no improvements made, but it would now be difficult to refuse on other grounds.

The public speaker had suggested a change to the proposed conditions to restrict delivery times to avoid school drop off and in regard to acoustic mitigation, which some thought was a good idea.

Councillor S Dorsett proposed, and it was duly seconded by Councillor T Spenser to add an additional condition related to restricting the hours of delivery to units 11 and 12 to avoid school drop off/pick up during term time.

The Committee agreed that the additional conditions made sense and unanimously agreed the amendment.

Following a question whether the gates to units 11 and 12 could be closed during the restricted times, the advice from Beverley Kuchar, Strategic Director – Place was that imposing a condition regarding the closure of the gates would be unreasonable. A condition regarding acoustic mitigation was briefly discussed but was not taken further forward.

Councillor T Spenser, Ward Councillor questioned whether CCTV could be implemented so that businesses could be held accountable should they break the restrictions. Thomas James, Development Manager commented that residents would be asked to keep log sheets to record any breaches of the restrictions. Some Officers and Members thought residents would be quick to report any breaches to the LPA. Some Members thought that the onus should not be in residents to monitor the restrictions and report breaches. Beverley Kuchar, Strategic Director – Place, advised that it would probably be considered unreasonable to add a condition regarding CCTV, however it would be appropriate to add an informative to say that the option of CCTV should be explored. The Committee were supportive of an informative regarding CCTV.

RESOLVED that planning permission be GRANTED subject to conditions, including the amendments below as noted in the minutes;

                          i)  amendment to condition 24 as per the Planning Officer update;

                         ii)  the addition of a condition restricting the hours of delivery to units 11 and 12 to avoid school drop off/pick up during term time; and

                        iii)  the addition of an informative encouraging the applicant to explore the use of CCTV.