Agenda item

Permanent siting of a shipping container to be used as a rest stop cafe (resubmission of planning application 18/00339/FUL) (pursuant to variation of condition 4 (operating hours) on permission ref. 19/00286/FUL)

The application was brought to the committee for determination at the request of Councillor Lady Atkins. Two previous applications relating to this site/development had been considered by the Planning Committee.

A site visit took place to enable councillors to understand the proposal and its setting.

Parish Councillor Louise Jackson, representing Cabus Parish Council, spoke in objection to the application.

Councillor Lady Atkins expressed concerns over the proposed hours in the application, and concerns over the toilet facilities, bins and wildlife issues.

Members raised concerns over antisocial behaviour in the area, whether the rest stop café had enough customers to support the changes to operating hours, and many members considered that the proposed operating hours until 22.00 in the evenings was too late and should be brought forward to 19.00 or 20.00.

The Chair and Vice Chair reminded members that whilst a restriction to the proposed opening hours could be imposed as a condition, to do so would need an exceptional reason.

The Head of Planning Services explained to members that the original condition was only imposed because at the time of the previous application those were the hours applied for. He addressed members’ concerns over vehicular access and safety, toilet facilities and bins. He addressed the issue of anti-social behaviour and stated that the impact of the rest stop café on increased anti-social behaviour would be difficult to identify, especially as the café had not yet implemented later closing hours. The committee would thus have to demonstrate that later operating hours would have a direct impact on anti-social behaviour, in order to justify the refusal of the extended hours applied for. He reminded members that the temporary permission had been originally granted until July 2024, and the committee would be able to review any impacts arising from the operations then.

Following on from further discussion, it was proposed by Councillor Le Marinel, and seconded by Councillor Lady Atkins, that the application be approved, under the provision of the Town and County Planning Act 1990, subject to an amendment to condition 3 as follows:

Conditions: -

1.           The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 16th March 2021 including the following plans/documents (submitted and approved under original planning permission ref: 19/00286/FUL):

·                         Site Location Plan Scale 1:1250, received 22nd March 2019;

·                         Existing and Proposed Site Plan and Proposed Shipping Container Plans and Elevations Drg.No.JT/KB/2720, received 22nd March 2019.

The development shall be retained hereafter in accordance with this detail.

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

2.           The development shall be carried out strictly using those materials specified in the "Supporting document for discharge of conditions application in relation to approval 19/00286/FUL", received by the Local Planning Authority 25.01.2020 and approved under permission 19/00286/DIS, unless other minor variations are submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the visual amenities of the locality and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

3. The use hereby permitted shall not operate outside the hours of 07:00 to 19:00 on any day of the week.

Reason: In the interests of the amenity of the surrounding area and to prevent anti-social behaviour at night-time in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31)

4.           The external ventilation system shall be maintained in full working order in perpetuity in accordance with the details specified in the "Supporting document for discharge of conditions application in relation to approval 19/00286/FUL", received by the Local Planning Authority 25.01.2020 and approved under permission 19/00286/DIS.

Reason: In the interests of surrounding amenity, in accordance with Policies CDMP1 and CDMP3 of the Wyre Local Plan (2011-31).

5.           The external bins shall be emptied each day the café has been open to the public and waste removed from the site.

Reason:  To minimise the risk of pollution that may cause harm to the amenity of the surrounding countryside in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

6.           No outdoor tables/seating shall be provided other than those two tables approved in the "Supporting document for discharge of conditions application in relation to approval 19/00286/FUL", received by the Local Planning Authority 25.01.2020 and approved under permission 19/00286/DIS.

Reason:  To ensure there is no unacceptable reduction in the public parking area and in the interest of pedestrian safety.

7.           The premises shall be used for A3 cafe and restaurant use only and for no other purpose.

Reason: The use of the premises for any other purpose would require further consideration by the Local Planning Authority in accordance with Policies SP2 and SP4 of the Wyre Local Plan (2011-31).

8.           The shipping container and associated structures shown on the approved plans (portable toilet, external bins, water butt) and any supporting structure(s) on which the container is sited shall be removed, and the land restored to its former condition, on or before 3rd July 2024 unless a new planning permission for the development is granted prior to that date.

Reason: The development is such that it would not be permitted as permanent development having regard to Policy SP4, CDMP1 and CDMP3 of the adopted Wyre Borough Local Plan.

9.           In the event that the A3 cafe and restaurant use shall cease operating within the permitted time period, the shipping container and associated structures shown on the approved plans (portable toilet, external bins, tables, seating, water butt) and any supporting structure(s) on which the container is sited shall be removed from the site, and the land restored to its former condition, not later than 6 months following cessation of the use, unless it is re-occupied by a new operator prior to the expiry of the 6 month period.

Reason: The development is such that it would not be permitted as development with no active use associated with it having regard to Policy SP4 and CDMP3 of the adopted Wyre Borough Local Plan.

10.         Prior to the installation of any external lighting associated with the development hereby approved, a scheme for the provision of external lighting together with an Artificial Lighting Assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall demonstrate that the lighting will be installed in accordance with the Institution of Lighting Professionals' Guidance Notes for the Reduction of Obtrusive Light GN01:2011 (or any subsequent replacement guidance).

The lighting shall be installed and operated in accordance with the approved scheme details, which shall be maintained and retained thereafter.

Reason: To safeguard visual amenity and ecology in accordance with Policies SP4 and CDMP4 of the Wyre Local Plan (2011-31).