130 23/00682/VAR - Grove Farm, Ashfield Farm Road, Ulting, CM9 6QP PDF 379 KB
To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.
Minutes:
Application Number |
23/00682/VAR |
Location |
Grove Farm, Ashfield Farm Road, Ulting, CM9 6QP |
Proposal |
Variation of condition 4 on approved planning permission 20/00120/HOUSE (Demolition of existing garage and construction of replacement garage) |
Applicant |
R Smith |
Agent |
Mr Paul Calder - Real8 Group |
Target Decision Date |
31.05.2024 (agreed Extension of Time) |
Case Officer |
Tim Marsh |
Parish |
LANGFORD AND ULTING |
Reason for Referral to the Committee / Council |
Member Call In - Councillor M F L Durham, citing Policies H4.7, E4.1 & E2.1 |
Prior to the Officer’s presentation, the Chairperson made the Committee aware that the Environmental Health Manager (Protection) was present in the Chamber and he was available to answers Members’ questions relating to this item.
Following the Officers’ presentation, an objector, Mr Lee and the agent, Mr Calder addressed the Committee. The Chairperson then opened the floor for debate.
In response to Members questions the Environmental Health Manager (Protection) provided the following responses:
· The noise assessment was submitted with the application by the applicant and this was carried out whilst maintenance was occurring, however, if the engines were being revved hard, he couldn’t say.
· There had been no noise assessment carried out by the Council’s the Environmental Health Officers’ at the property.
Some Members felt that the noise assessment failed to provide the conditions the tests were carried out under and felt that a noise assessment whilst routine maintenance and engine tuning was being carried out would have been better.
Councillor S J N Morgan felt that as the noise assessment provided had been carried out by the applicant it should not be taken in to account. He went on to add that the current condition in place was perfectly adequate if reasonable maintenance of vehicles was the intention and felt that variation of the condition would enable the applicant to go outside of that. He then proposed to refuse the application contrary to Officers’ recommendation and this was seconded by Councillor M F L Durham
Following a further brief discussion, the Chairperson moved Councillor Morgan’s proposal to refuse the application and upon a vote being taken this was agreed.
RESOLVED that the application be REFUSED for reasons based on the acceptability of the existing condition to provide for general maintenance of vehicles and the failure to provide assurances through the noise report that harm to neighbouring amenity would be mitigated from the proposed amended condition. Such a reason for refusal to be delegated to Officers in consultation with the Chairperson and Councillor S J N Morgan.
59 23/00682/VAR - Grove Farm, Ashfield Farm Road, Ulting, CM9 6QP PDF 379 KB
To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.
Additional documents:
Minutes:
It was noted from the Members’ Update that the Assistant Director - Planning and Implementation had removed this report from the agenda as Members needed to consider expert evidence from the Environmental Health Officer on the issue of noise generation. The report would be presented to the next meeting of the Committee.