05
The Committee received and considered the report set out on the agenda pack, which was prepared and presented by the Principal Planning Officer, Ms N Levett. The application was brought before the Committee as it was a connected application where the applicant was the Borough Council and the owner of the application site. The application was proposed variation of Conditions 4 and 8 of planning permission 06/21/1018/CU (use of car park for stationing of up to 3 concession units), to amend restrictions on trading periods and (1) allow the unlimited use for hot drink sales to take place between 1st March and 31st January (rather than for only 190 days and only between 01 March and 30 September), and (2) allow hot drink concession use to commence from 07:30hrs on any day rather than from 08:00hrs on any day). The Committee were reminded that case law has ruled that an application to remove or vary conditions on a planning permission has the effect of creating a new planning permission altogether, and the determination of this proposal must have regard to the permission already granted and the intended variations, and any material considerations relevant to the development since the previous permission was granted.
The Principal Planning Officer reported that having considered the details provided, the proposal is considered to be acceptable and the conditions will be amended accordingly together with the remaining conditions imposed (and amended where appropriate, for example to reflect that the development commenced under the previous permission). It was therefore recommended that the application 06/22/0762/VCU be approved, subject to conditions as set out on the agenda report.
There were no technical questions by the Committee to the Principal Planning Officer.
The Chair invited applicant Mr Hollowell to speak.
Mr Hollowell confirmed that the coffee concession is very popular and that the demand for hot drinks has increased over time. The early morning sales (7 a.m. - 9 a.m.) are often a lot better than several hours of trading during the afternoon. He advised the Committee that there have been a lot of customer requests to extend the service hours as well as to provide hot drinks concession around the year including the winter months.
Cllr Flaxman-Tayor asked Mr Hollwell how would he know that the sales before 8 a.m. would be good if they have not been able to trade before those hours.
Mr Hollowell confirmed that there was a period when the trader did start trading before permitted hours; but once made aware of this, this was stopped.
The Chair invited ward Cllr Wells to speak.
Cllr Wells noted that the whole premise of the application appears to be that when agreed trade conditions have been unenforceable, then let's just change the conditions. He accepted that there is a need to support traders, but this needs to be balanced out with the needs of the residents in close proximity. He advised the Committee that the current conditions have worked well with only a few isolated problems reported. He confirmed that he has no objection to extending trading during the proposed eleven months period, but that the 8 a.m. start of the trading coincides with the opening of the car park (also at 8 a.m.) hence it is in his view logical not to allow trading to start any earlier. Although one may think that that thirty minutes is a small difference, for the local residents who get inconvenienced by the dog barking and other associated noise relating to the early morning trade, the difference is noticeable.
Cllr Myers noted that there has been a mention of a breach of the current trading conditions a few times, and asked for clarity as to how it is even possible if the car park is locked and opens at 8 a.m.
Cllr Wells confirmed this is as several car parks need to be opened at 8 a.m. so the car park operator has to plan the maintenance round ensuring that all car parks are opened by 8 a.m. This usually means that they start the round in Gorleston and hence the car park is opened ahead of the scheduled time.
Cllr Wainwright noted that the inconvenience of a dog barking and the concession trading hours are not necessarily the same. He did not believe that most people would purposely go there for a coffee at 7.30 a.m., but rather that runners and dog walkers have their established routines and schedules in place regardless if the hot drinks concession is open or not. He further noted that 7.30 a.m. is not exceptionally 'early' in any event.
Cllr Wells disagreed and confirmed that for the local residents within a proximity of the concession, the thirty minutes does make a notable difference.
Cllr Wainwright moved to propose that the application together with the conditions as laid out in the agenda report be approved. This was seconded by Cllr Williamson.
Following a vote, it was RESOLVED:-
That the application 06/22/0762/VCU be approved, subject to the following conditions:-
1) The development shall be carried out in accordance with the application form and following approved plans as approved under 06/21/1018/CU:
a) Unreferenced Drawing entitled Application Plan & Concession Zones (submitted as the Location Plan and zones for the concession units), (undated);
b) Drawing Number MH/10023464346/001, entitled Block Plan (submitted to illustrate individual stall site layout example, with dimensions of stall areas), dated December 2021;c) Sample Barrier Image (unreferenced, untitled and undated).
The reason for the condition is:-
For the avoidance of doubt.
2) There shall be no more than three (3 no.) mobile concession units stationed within and operating from the application site shown on approved plan ref: Application Plan and Concession Zones (as submitted and approved under 06/21/1018/CU), at any one time. The concession units shall not be stationed outside the three areas identified as the Concession Zones shown on the approved 'Application Plan & Concession Zones' plan. For the avoidance of doubt, this does not prejudice the continued parking of a single ice cream van selling ice-cream to the public all year round, between 10am and 6pm on any day, in accordance with the terms of planning permission 06/10/0616/F.
The reason for the condition is:-
In order to ensure satisfactory off-street parking facilities are retained, and to minimise the impact up on the conservation area (No.17 Gorleston Seafront), and to minimise the impact on local residential amenity in accordance with Policies R7, A1 and E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
3) (A) This permission shall enure for the stationing of up to three (3 no.) mobile concession units only, at any one time.
(B) The car park shall not be used for the stationing of hot food takeaway mobile concession units or retailing (other than the sales of hot drinks from a single concession unit in accordance with part C of this condition) for any more than 190 days per year, and these uses shall not take place at any time between 30th September and 01st March the following year.
(C) Hot food takeaway mobile concession units shall not be stationed at, operated from, or undertake sales to the public from the site outside the hours of:
- 08:00 to 18:00 Monday to Saturday, between 01 March - 30th April inclusive;
- 08:00 - 20:00 Monday to Saturday, between 01 May - 30th September inclusive; and,
- 08:00 - 16:00 on any Sunday, and Bank or Public Holiday in any year during these months.
(D) There shall no use of the car park for the stationing of hot drinks sales concession units between 01st February and 28th February inclusive in any year.
E) Hot drink sales mobile concession units shall not be stationed at, operated from, or undertake sales to the public from the site outside the hours of:
- 07:30 to 18:00 Monday to Saturday, between 01 March - 30th April inclusive;
- 07:30 - 20:00 Monday to Saturday, between 01 May – 31st January inclusive; and,
- 07:30 - 16:00 on any Sunday, and Bank or Public Holiday in any year during these months when the hot drink sales use is permitted by this condition.
(F) At no time between 30th September and 31st January the following year shall the car park be used for the stationing of any more than a single concession unit selling hot drinks.
(G) A log of all occasions of use by all mobile concession units operating within the car park shall be retained by the applicant and shall be made permanently available for inspection at any time by the Local Planning Authority.
The reason for the condition is :-
To enable the Local Planning Authority to retain control over the use of the site because the main town centre retailing uses proposed should ordinarily be directed to defined local centres unless evidence justifies their location elsewhere, but in this instance the limited retail offer is considered appropriate to enhance a tourism offer and provide a visitor attraction in line with Local Plan Part 2 policy L2, whilst being necessary to avoid a detrimental impact on local centres sites, and in the interests of minimising the impact on the residential amenities of occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
4) Mobile concession units providing hot food takeaway use (sui generis use) (note, this does not include hot drinks) shall be located only in the 2no. Concession Zones on the eastern side of the car park. Hot food takeaway concession units shall not at any time be located within the Concession Zone on the western side of the car park, as shown within the approved plan reference 'Application Plan & Concession Zones'.
The reason for the condition is :-
In the interests of protecting the residential amenities of the occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
5) The mobile concession units hereby approved shall not be larger in area than one demarcated parking space measured at 2.5m wide by 5.5m length as shown on approved plan reference MH/10023464346. Concession units shall occupy only one parking space at any one time and shall only be sited within a single parking space.
The reason for the condition is :-
In order to minimise the loss of available parking spaces, to avoid a detrimental impact on the local traffic network, and to ensure satisfactory offstreet parking facilities remain in place for visitor parking in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
6) The mobile concession units utilising the concession zones operating pursuant to this permission shall not exceed 3m in height at any time.
The reason for the condition is :-
To protect the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront in accordance with Policy E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
7) All mobile concession units shall be removed from the Gorleston Cliff Top Car Park when not in use. No mobile concession units shall be parked anywhere within the car park application site nor the adjoining car park outside the application site outside the permitted hours of use. All concession units shall be removed from the car park within 30 minutes of the end of the permitted hours of trading use set out within the Conditions of this permission.
The reason for the condition is :-
In the interest of the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront in accordance with Policy E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
8) No mobile concession units operating pursuant to this permission shall include or use any externally located generators.
The reason for the condition is :-
In the interest of protecting the amenity of nearby dwellings and minimising noise and air pollution in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
9) Each individual mobile concession unit parking area, as shown in approved plan reference MH/10023464346, shall at all times be demarcated with appropriate division between adjoining parking spaces, in accordance with the intention proposed within the approved 'sample barrier image' detail approved under 06/21/1018/CU. The barriers shall be installed and retained for the full duration of the period that the mobile concession unit(s) is in use.
The site management / car park operators shall ensure that these are installed before the commencement of the use on each occasion of a concession unit being stationed within the site, and shall ensure that these are removed by site management at the cessation of each concession unit's parking within the site.
The reason for the condition is :-
To allow suitable separation between the users of the mobile concessions and the moving traffic and to ensure there is minimal disruption to the availability of parking spaces within the site in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
10) Each mobile concession unit operating pursuant to this permission shall be responsible for providing a refuse bin for use by its customers during its hours of operation, and shall be responsible for removing the waste from the site after each use for appropriate disposal.
The reason for the condition is :-
In the interests of the amenity of local residents and businesses and to protect the visual attraction and amenity of the area, to ensure a satisfactory form of development, and to ensure the development is accountable for its own waste and to not increase pressure on existing facilities in and around the application site in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
11) With the exception of a single temporary sandwich board / 'A'-frame board per concession unit, there shall be no signage, banners, separate stalls, picnic benches, tables or chairs installed associated with the use without first gaining the express written permission from the Local Planning Authority.
The reason for the condition is :-
In the interest of protecting the visual quality of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront, to avoid creating a sense of permanent retailing activity, and to protect the visual amenities of the adjacent residential properties in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
12) There shall be no use of amplified music or amplified loudspeaker/tannoy/audio systems associated with the use or as part of any mobile concession unit operating pursuant to this permission.
The reason for the condition is :-
In the interests of the residential amenities of the occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).