Fylde Borough Council: application number. LCC/2014/0096NM1
Non material amendment of permission LCC/2014/0096 to allow up to a maximum of nine single convoy deliveries or removals to be carried out outside the hours specified in condition 19 pro
Decision status: Recommendations approved
Is Key decision?: No
A report was presented on a non-material amendment to planning application LCC/2014/0096.
The report included the views of the Fylde Borough Council, the County Council's Highways Development Control, Lancashire Constabulary, Westby with Plumptons Parish Council, Medlar-with-Wesham Town Council and 106 letters of representation. The report also included the views of Friends of the Earth and County Councillors Oades and Dowding.
The Development Management Officer presented a PowerPoint presentation showing an aerial photograph of the site and the nearest residential properties. The Committee was also shown photographs of the site and evidence of protester activity on the access road.
The Officer reported orally that since the publication of the committee report, four additional letters of support had been submitted raising the following issues:-
· The protests disrupt the routines of local people and businesses
· Preston New Road is regularly fully or partially blocked. This has caused delays to visitors, local residents, businesses and even the emergency services. The additional hours would be an easy solution to an increasing problem.
· The noise from the night time traffic movements will just be part of the general traffic noise in the area and the night time deliveries are preferable as they will cause less disruption to local commuters at peak times.
The Officer also reported that the applicant had submitted an email from the North West Ambulance Service to the Police which confirmed that on at least 2 occasions, ambulances had been unable to get to emergencies in Wrea Green and therefore had to return to the M55 and go via junction 3. The email also confirmed that there had also been occasions where patient transport vehicles have had to collect or take home patients by a longer route due to the A583 being closed.
The Officer advised that it was proposed to amend the third bullet point of Condition 19b so that it reads 'No more than 30 HGVs shall enter the site and no more than 30 HGVs shall leave the site in any one period between 18.30 and 07.30 hours'.
Four members of the public including a representative of Friends of the Earth addressed the Committee. They reiterated the objections set out in the committee report in relation to the increase in night time noise levels, light pollution levels and the impact on local residents. They also raised the following issues:
· The proposal is not non material as it has significant implications for local residents and the highway network.
· The proposal should be the subject of an environmental impact assessment.
· The application is an example of incremental changes to the permission which should not be allowed; the applicant should not be allowed to amend this key condition set by the Planning Inspector or in any way dilute the effectiveness of the conditions.
· There have been many changes, the Traffic Management Plan is now on version 11.
· The extended hours would not necessarily mean an end to protestor activity and associated road closures.
· Undertaking operations at night would increase the risk of accidents.
· More information should be sought in relation to whether the permitted Lmax noise levels have been breached.
· No new issues to justify the change, protestor activity was entirely foreseeable.
· Businesses supporting this application are not particularly local.
· It's bad enough having this operation locally without it being 24/7.
· Cuadrilla and the police should not be allowed to interpret the conditions.
The Committee was urged to refuse the proposed amendment.
The applicant addressed the Committee and spoke in support of the proposal. It was maintained that the proposal would help prevent closures and other disruption to the A583. The proposal therefore had considerable support from the local business community and from a number of local residents. It was also felt that the proposal was unlikely to generate such an impact on neighbouring properties given the scale of the proposal. The proposal would also mean that the police were involved in the delivery operation for a much shorter period of time. Night deliveries would only be made if absolutely necessary.
Officers responded to concerns raised by the Committee with regard to the non material amendment, the recent protester activity, traffic issues, noise levels and the potential detrimental impact on local residents.
Following lengthy debate it was:
Resolved: That subject to the inclusion of the amendment to 19b as reported above, that the non material amendment to condition 19 of planning permission LCC/2014/0096 be approved and that condition 19 is reworded as set out in the report to the Committee.
Report author: Jonathan Haine
Date of decision: 13/12/2017
Decided at meeting: 13/12/2017 - Development Control Committee