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Appeal Decision Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 08/09/20 Site visit made on 08/09/20 gan C MacFarlane, BSc (Hons) MSc by C MacFarlane, BSc (Hons) MSc MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 20th October 2020 Date: 20th October 2020 Appeal Ref: APP/L6805/A/20/3255282 Site address: Industrial Units at Cefn Uchaf, Rhostrehwfa, Llangefni, LL77 7AQ The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Geraint Williams against the decision of Isle of Anglesey County Council. • The application Ref: VAR/2019/76 dated 12 November 2019, was refused by notice dated 6 January 2020. • The application sought planning permission for change of use of part of the agricultural building into 4 no. industrial units without complying with a condition attached to planning permission Ref: 36C193N/VAR, dated 5 March 2018. • The condition in dispute is No. 11 which states that: The premises shall only operate between 07:00hrs and 19:00hrs Monday to Friday and 07:00hrs and 13:00hrs on Saturday, unless otherwise agreed in writing with the local planning authority. The premises shall not operate at any time on Sundays or Bank Holidays. • The reason given for the condition is: For the avoidance of doubt and in the interests of amenity. Decision 1. The appeal is allowed and planning permission is granted for change of use of part of the agricultural building into 4 no. industrial units at Industrial Units at Cefn Uchaf, Rhostrehwfa, Llangefni, LL77 7AQ in accordance with the application Ref: VAR/2019/76 dated 12 November 2019, without compliance with condition number 11 previously imposed on planning permission Ref: 36C193N/VAR dated 5 March 2018 and subject to the conditions in the attached schedule. Preliminary Matter 2. Planning permission was granted in 2010 for ‘change of use of part of the agricultural building into 4 no. industrial units’, subject to conditions. A subsequent permission was granted in 2018 for the development with the removal of a condition restricting retailing at the premises. This appeal seeks to vary condition no. 11 of the 2018 permission which restricts operating hours to between 0700hrs and 1900 hrs Monday to Friday, 07:00hrs and 13:00hrs on Saturday and at no time on Sundays or Public Holidays. Appeal Decision APP/L6805/A/20/3255282 Main Issue 3. The main issue is the effect that varying the disputed condition would have on the living conditions of neighbouring occupiers, with regard to noise. Reasons 4. The appeal property is an industrial building of modern construction, which consists of 4 individual units. The site is located on the edge of the settlement of Rhostrehwfa, adjoining a self-storage business. There is a car park immediately to the north, and several dwellings and the Tafarn y Rhos pub and car park to the east, which are separated from the site by the adjacent highway. At the time of my visit, a vehicle repair business was operating from one unit, with no obvious activity occurring at the remaining units. 5. The proposal would extend the existing operating hours to 08:00hrs-21:00hrs Monday to Friday, and 08:00hrs-18:00hrs on Saturdays, Sundays and Public Holidays. The submitted Noise Assessment (NA) focuses on the vehicle repair business and concludes that the extended operating hours would have a low additional impact on the closest residential receptors, subject to all activities being carried out inside the building and all openings being kept closed. The NA also identifies the existing noise environment as being influenced by the proximity of the pub and associated car park, the car park to the north of the site and traffic noise from the nearby A5 and A55 roads. The NA is not substantively disputed by the Council. 6. Noise generated at the appeal site is currently characterised by impulsive sounds from power tools and other equipment. Representations from the Council’s Environmental Health section and nearby residents also point to a history of noise complaints in relation to the site. Given the proximity of the closest dwellings to the site, the varying occurrence of different sounds, and sudden noise created by these activities, especially if extended into the evening and on weekends, would be likely to cause disturbance to nearby residents during times when they would have a reasonable expectation of a quieter environment. 7. Nonetheless, the existing planning permission restricts the use of the units to B1, this being a use that can be undertaken in a residential area without detriment to the amenity of that area by reason of a number of factors including noise, vibration and fumes. Notwithstanding that vehicle repairs can involve mechanical processes using noise emitting machinery and power tools, my decision is based on the permitted B1 use of the units which controls the type of industrial processes that can take place. Varying the disputed condition would not change the nature of the uses that can be carried out at the site or result in the premises being open very late at night. The proposed opening hours would also largely consist with the existing businesses nearby. I therefore consider that the impacts of the additional opening hours on residential amenity would be acceptable. Whilst I note that the appellant is willing to accept a condition requiring closure of all openings during the extended hours, in the above circumstances, such a condition would not be necessary. Furthermore, the planning permission also contains a condition requiring certain processes to be carried out inside. In combination with the permitted B1 use of the site, a condition to control the level of noise from the site is also not necessary. 8. With regard to disturbance generated by vehicles travelling to and from the site, limited information has been provided in respect of the additional movements that may be expected during the extended hours. Given the existing noise environment is influenced by traffic noise from the nearby A5 and A55, and vehicle movements 2 Appeal Decision APP/L6805/A/20/3255282 associated with the adjoining commercial business, car parks and pub, which are in close proximity to the site and neighbouring dwellings, any additional vehicle noise generated by the proposal would have a minimal effect on the acoustic character of the area. 9. I therefore conclude that varying the disputed condition would not cause significant harm to the living conditions of the occupiers of nearby properties, with regard to noise, and would comply with Policy PCYFF 2 of the Anglesey and Gwynedd Joint Local Development Plan 2011-2026 which, amongst other things, seeks to prevent development that would have an unacceptable adverse impact on the amenity of occupiers of local residents due to increased activity, disturbance and noise. Other Matters 10. Concerns have been raised by local residents with regard to light and smoke emissions, and highway safety. However, no substantive evidence has been submitted in these respects and the Council’s Environmental Health section and the Highway Authority have raised no objection to the proposal on these grounds. Due to the restriction on operating hours which would prevent activities occurring during the night, the B1 use of the site and the limited amount of additional vehicle movements anticipated, the proposal would not result in significant harm in these respects. 11. The proposal relates to a site with an existing lawful industrial use and therefore its suitability for commercial use, and location outside of the Llangefni development boundary, are not matters which form part of the appeal before me. Similarly, alleged breaches of planning permission are outside my jurisdiction in determining this appeal and have not influenced my decision. I note the Council’s concerns regarding precedent; however, each application and appeal must be determined on its individual merits and a generalised concern of this nature does not justify withholding permission in this case. 12. In reaching my decision, I have considered the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations (Wales) Act 2015 (WBFG Act). I have taken into account the ways of working set out at section 5 of the WBFG Act and consider that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers well-being objectives, as required by section 8 of the WBFG Act. Conditions 13. A list of suggested conditions has been provided by the Council, which I have considered against the guidance in Circular 016/2014 ‘The Use of Planning Conditions for Development Management’ and have accordingly made minor amendments to their wording for the purposes of clarification and consistency. As I have no information before me regarding the status of the conditions as imposed on the previous planning permissions, I have imposed all those that I consider remain relevant. In the event that some have been discharged, this is a matter which can be addressed by the parties. The original development has already commenced, therefore the suggested conditions relating to the time limit for commencement and approved plans are not necessary. 3 Appeal Decision APP/L6805/A/20/3255282 Conclusion 14.
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