Agenda item

(Director of Governance) To consider the attached report for the change of use to mixed B1, B2 and B8 uses including storage and mechanical repair of cars.

The Assistant Director of Governance (Development Management) presented a report for the change of use to mixed B1, B2 and B8 uses including storage and the mechanical repair of cars at units 20-21 of the Former Mushroom Farm at Laundry Lane in Nazeing. This application had been considered by Area Planning Sub-Committee West at its meeting on 22 February 2017, and was directly referred up to this Committee for decision.

The Assistant Director reported that the site was a former farmstead that had been divided into separate units. This application was concerned with units 20 and 21, which were located to the rear of Highbury House, and accessed via an existing track adjacent to Highbury House. The site and surrounding area were located within the Metropolitan Green Belt. One of the units was leased by a Mobile Mechanic who usually worked off site but occasionally brought cars back to the unit to work on, whilst the other unit was leased by an individual who stored and worked on his own vehicles for pleasure. This was a retrospective application, and associated parking for the two units was provided within the adjacent yard.

The Assistant Director stated that Planning Officers had concluded that the proposal would not constitute inappropriate development in the Green Belt as it involved a change of use of permanent and substantial buildings. Due to the limited nature of activity on the site, the impact of the proposal on the surrounding rural environment was anticipated to be minimal with limited traffic movements and would not significantly impact on Laundry Lane. It was felt that the proposal would not result in any significant harm to the amenities of neighbouring residents, complied with the National Planning Policy Framework and the adopted Local Plan policies, and was therefore recommended for approval with conditions.

The Committee noted the summary of representations received in respect of this application, including an objection from the Parish Council and two nearby residential dwellings. There were no public speakers registered for this application, so the Committee proceeded to debate the application.

Initially, the Committee discussed an amendment to condition 2, which regulated the hours of operation at the units, and had tentatively agreed that the word ‘process’ should be amended to ‘work’ to read “…no work shall be carried out … “ as one of the uses would be private and therefore the use of the word ‘business’ would not be applicable.

However, Cllr Brady expressed some discontent with the application: there were problems with businesses at this site already, and two more would increase the existing noise levels for nearby residents; Laundry Lane itself was very narrow with no passing places and not suitable for servicing commercial premises; and retrospective applications should not be made as planning permission should be sought first before implementing any scheme.

Cllr Kane drew the attention of the Committee to the comments made by the Planning Inspector when the planning application to convert the wider premises was allowed on appeal in 2007, and also highlighted that the residents were strongly indicating that the existing planning conditions were not being enforced. Consequently, the Councillor proposed that the application should be refused on the grounds that the increased activity and noise would cause undue disturbance to nearby residents; this proposal was seconded by Cllr Heap.

Following the vote to refuse planning permission, the Committee agreed that an application for a change of use to a different business class, such as B1 for Offices or Research and Development, would be a suitable way forward for the application site.

Decision:

(1)        That planning application EPF/3163/16 at Units 20 – 21 of the Former Mushroom Farm in Laundry Lane, Nazeing be refused permission for the following reason:

1.         The uses, particularly given there were similar uses and processes taking place on adjoining properties, would result in noise and disturbance through the activity taking place on the site and the vehicles coming and going to and from the site, that was detrimental to the amenities of residents, living in close proximity, at unreasonable hours of the day, contrary to policies CP2 and RP5A of the Council’s Adopted Local Plan and Alterations and to the National Planning Policy Framework.

(2)        That an application for change of use to a different business class, such as B1 (Offices or Research/Development) only, be agreed as the Way Forward for the application site.