Issue - meetings

18/501181 - Land South Of Redwall Lane, Linton, Kent

Meeting: 06/09/2018 - Planning Committee (Item 134)

134 18/501181 - PROPOSAL: S73 APPLICATION: VARIATION OF CONDITIONS 10, 16 AND 17 OF APPLICATION 16/508659/FULL (DEMOLITION OF EXISTING DWELLING AND ERECTION OF B8 WAREHOUSE BUILDING WITH ANCILLARY OFFICES, DOCK LEVELLERS, ACCESS, PARKING AND LANDSCAPING INCLUDING THE CREATION OF NEW WOODLAND AND ATTENUATION POND) TO AMEND CONDITION 10 TO REFER TO 'A MAXIMUM OF 32 ONE-WAY HGV MOVEMENTS (EQUIVALENT TO 16 HGVS ENTERING AND LEAVING THE SITE) ARE PERMITTED BETWEEN HOURS OF 2300HRS AND 0700HR'; CONDITION 16 TO REFER TO THE NOISE MITIGATION PLAN REF: 403.06466.00004.001 VERSION 5; CONDITION 17 TO REFER TO THE NOISE MITIGATION PLAN REF: 403.06466.00004.001 VERSION 5 AND A RATING LEVEL MAINTAINED NO GREATER THAN 3DB ABOVE THE EXISTING MEASURED AMBIENT NOISE LEVEL LA90, T DURING THE DAY TIME AND NIGHT TIME PERIODS - LAND SOUTH OF REDWALL LANE, LINTON, KENT pdf icon PDF 311 KB

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Minutes:

All Members stated that they had been lobbied.

 

The Committee considered the report and the urgent update report of the Head of Planning and Development. 

 

In introducing the report, the Principal Planning Officer advised the Committee that the agent for the applicant and the intended occupant had provided data logs from the years 2016 and 2017 and the months so far during 2018 showing night-time HGVs visiting the site between the hours of 11.00 p.m. to 7.00 a.m.  It was their contention that the proposed variation of condition 10 was necessary due to the growth in the business, and that the seasonal restriction sought by Members would not meet the reasonableness or necessity tests set out in the NPPF for conditions.  The Officers remained of the view that the proposed variation of condition was reasonable based on the functional needs of the business and issues beyond their control in terms of managing the HGVs that need to visit the site throughout the year.

 

The Principal Planning Officer advised the Committee that since the publication of the urgent update report on 4 September 2018, two more objections had been received generally repeating some points raised in the Committee report and mentioned in the urgent update report and suggesting that the applicant should provide triple glazing, low noise tarmac to roads and repair any damage caused by the vibration of HGVs on buildings that they pass by.  In effect, it was argued that the social impact of the proposed variation of conditions needs to be mitigated.

 

Mr Allen addressed the meeting on behalf of the applicant.  Councillor Webb (Visiting Member) also addressed the meeting on behalf of Hunton and Linton Parish Councils which were unable to send representatives on this occasion.

 

RESOLVED:  That permission be granted subject to the conditions and informative set out in the report.

 

Voting:  7 – For  4 – Against  1 – Abstention

 

Councillor Parfitt-Reid requested that her dissent be recorded.