AAH PHARMACEUTICALS, WEST AVENUE, BUTT LANE AAH PHARMACEUTICALS 13/00531/FUL The application is for full planning permission to retain the use of the site as an industrial warehouse and distribution centre without complying with condition 16 of planning permission 05/00313/FUL which granted full planning permission for an industrial warehouse and distribution centre. Condition 16 places restrictions on the hours that delivery and collection vehicles can access and leave the s ite and is worded as follows:- Delivery and collection vehicles shall not access or leave the site between the hours of 2300 and 0700 hours other than for a period of 3 months from the commencement of operations at the premises, a date which shall be agreed with the Local Planning Authority beforehand, during which period no more than 12 HGV movements per hour shall take place between the hours of 0500 and 0700 hours. The site lies within the Kidsgrove urban neighbourhood as defined on the Local Developme nt Framework Proposals Map. th The 13 week period for the determination of this application expires on the 16 October 2013. RECOMMENDATION PERMIT subject to the following conditions; 1. No more than 30 HGV movements between 2300 and 0700 hours. 2. This consent grants permission only for the variation of condition 16 of planning permission 05/00313/FUL. All other conditions of that permission shall continue to apply. Reason for Recommendation The site is not located particularly close to residential properties and some access to the site by delivery and collection vehicles in the night-time period would not result in loss of amenity due to noise disturbance associated with activities on site and vehicle movements at the Linley Road/ West Avenue junction. The submitted Noise Assessment does not, however, demonstrate that unrestricted HGV movements would not cause an unacceptable loss of residential amenity particularly in the vicinity of that junction. As such it is recommended that a revised condition is imposed that allows up to 30 HGV movements between 2300 and 0700. Proposed Statement as to how the Local Planning Authority has worked with the applicant in a positive and proactive manner in dealing with this application This is considered to be a sustainable form of development and so complies with the provisions of the National Planning Policy Framework. Policies and Proposals in the approved Development Plan relevant to this decision:- Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy 2006-2026 (adopted 2009) (CSS) Policy SP2 – Spatial Principles of Economic Development Policy SP3 – Spatial Principles of Movement and Access Policy ASP5 – Newcastle and Kidsgrove Urban Neighbourhoods Area Spatial Policy Newcastle-under-Lyme Local Plan 2011 Nil Other material considerations include: National Planning Policy National Planning Policy Framework (March 2012) Noise Policy Statement for England Planning for Growth – Ministerial Statement March 2011 Circular 11/95 The use of conditions in planning permissions Newcastle-under-Lyme and Stoke-on-Trent Urban Design Guidance Supplementary Planning Document (2010) Relevant Planning History The planning permission to which this application relates was issued in 2007 (05/00313/FUL). A subsequent application (10/00012/FUL) for the variation of condition 16 of that permission which allowed delivery and collection vehicles to access the site at all times was permitted for a temporary th period of 12 months from the date of the permission, 19 March 2010, after which time no delivery and collection vehicles should access or leave the site between 2300 hours and 0700 hours on any day. Earlier this year an application (12/00652/FUL) to remove condition 16 was considered by the LPA,a and further details are provided below. Views of Consultees Kidsgrove Town Council object to the application as the residents have advised that conditions previously applied have not been adhered to, and that a number of them are being disturbed due to the noise of large vehicles during the night. The Environmental Health Division indicates that subject to confirmation of the report findings by Officers from the Environmental Protection Team conditional approval is recommended with a restriction being imposed to restrict the benefit of vehicle movements during the night to the applicant and its successors in title. Representations One letter of objection has been received raising the following concerns:- • There has been a noticeable increase in traffic on Millbank (Old Butt Lane) following the residential development at West Avenue. • Traffic movements down Old Butt Lane to Congleton Road are particularly hazardous as cars are double parked and some delivery drivers use Old Butt Lane to access to the site, either as a shortcut or by error, which will invariably lead to an increase in risk of accidents. • Reversing vehicles can be heard clearly during the day and if the extended hours are agreed the noise levels at night would be unacceptable. Applicant/agent’s submission The application is supported by the following; • A covering letter which is summarised as follows:- The warehouse serves as a major logistics hub for the Enterprise and Trident businesses both of which are wholesalers. In addition the parallel import department process medicines for supply to AAH branches and Lloyds Pharmacy. The business supports a national brand and also supports numerous local independent business/pharmacies throughout the entire United Kingdom. The logistic operation offered from the West Avenue warehouse is fundamental to the successful operation of these independent pharmacies. The nature of modern healthcare/pharmacy operations is such that next day delivery is essential to the service offered. The business employs in the region of 360 people on the West Avenue site. Virtually all live in the Newcastle/Stoke conurbation and a little over 60% live within Kidsgrove itself. The ability for collection and delivery vehicles to be able to access the business on a 24 hour basis is essential to ensuring successful functionality. Whilst the number of vehicles needing to access the site during the period 11pm to 7am is limited, the ability to do so is essential to the logistics hub which provides next day delivery. The operation of a pharmaceutical distribution business in the West Avenue location has taken place for over 20 years involving the investment of significant sums of money and provision of a major source of employment. The issue of noise generation by virtue of delivery vehicles has been the subject of two independent expert assessments. The first indicated that there was only a marginal likelihood of complaint due to noise from activities of the site, the second relating to HGV movements concluding that no unacceptable loss of residential amenity arises. The proposal is supported by local and national policy and to refuse to allow the essential hours of operation for a major employer of this nature, where there is clear technical evidence that the proposal would not result in a loss of residential amenity, would undermine the perception of the Borough by businesses. • A Noise Impact Assessment the purpose of which is to assess if HGV movements associated with the AAH depot do or do not cause an unacceptable loss of residential amenity in order that the removal of conditions can be considered. It indicates that the methodology for the noise survey was agreed; it was undertaken at a single monitoring position on Linley Road th th between 23:00 hours on Thursday 25 April and 07:00 hours on Friday 26 April 2013. Noise measurements were logged continuously over the survey period. The results of the survey indicate that HGV movements associated with the AAH development do not cause an unacceptable loss of residential amenity. All documents are available to view at the Guildhall, Kidsgrove Service Centre and on www.newcastle-staffs.gov.uk/planning/aahwestavenue KEY ISSUES This is an application to remove a condition of planning permission 05/00313/FUL. The Authority has a number of options. If it considers that the original condition should remain it should refuse the application, and if it considers that an amended condition is appropriate then it should approve the application subject to the amended condition, or permit without a replacement condition. Given that the condition is not being complied with, if members were minded to refuse the application, it would be appropriate also to then go onto consider whether or not to take enforcement action. At the time that planning permission for the proposed AAH warehouse and distribution centre was considered the issue of residential amenity was addressed. Particular consideration was given to night time activities associated with the development and an Acoustic Survey was requested. The submitted information provided calculations of the likely noise levels during the night at the nearest residential properties and this report concluded that without the introduction of appropriate mitigation the proposal was likely to result in complaints from the occupiers of these dwellings. These conclusions, however, were based upon noise prediction modelling and no noise monitoring had been undertaken. In view of this, condition 16 was imposed to enable the company to operate at in the early morning for a three month period to allow monitoring to take place. At the end of the three month period the condition prohibited delivery and collection vehicles accessing and leaving the site between 2300 and