2010/1375 / D & P Holdings / Ms C Chorlton
Chorlton Planning Ltd
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Central / Barry Jesson
01229 876323 / 29/09/2010
STATUTORY DATE:
23/11/2010
LOCATION:
Former Petrol Filling Station,The Strand,Barrow-in-Furness
PROPOSAL:Change of use from petrol filling station to car wash including siting of cabin and canopy for valeting and tyre change and erection of fence to highway boundary.
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY A5
In the urban areas of Barrow and Dalton, outside the locations listed in Policies A1 and A2, industrial, storage and similar development (B1, B2 and B8 uses) will be allowed where proposals, in addition to criteria a) - f) inclusive, of Policy A4 do not conflict with other Local Plan policies and are conveniently accessible by public transport services and cycle routes. Where this involves conversions within town centres and conservation areas the Council will expect any conversion to respect the character of the building, particularly with respect to the treatment of doors and windows.
POLICY E6
Any proposals for new vehicular access onto Hindpool Road (A5087) or that which will result in intensified use of existing accesses will be carefully examined by the Authority and if they are considered to have an adverse impact on the safety and free flow of traffic will be refused.
POLICY D21
In determining all applications submitted to it the local planning authority will have regard to the General Design Code set out in paragraph 5.4.27 of this plan.
In towns and villages, proposals shall relate to the context provided by buildings, street and plot patterns, building frontages, topography, established public views, landmark buildings and other townscape elements. Proposals that do not respect the local context and street pattern or the scale, height, proportions and materials of surrounding buildings and development which constitutes over development of the site by virtue of scale, height or bulk will not be permitted, unless there is specific justification, such as interests of sustainability, energy efficiency or crime prevention.
Development proposals in the countryside shall respect the diversity and distinctiveness of local landscape character. New farm buildings will, in general, be required to be sited within or adjacent to an existing farm building complex or in other well screened locations and to be subject to a complementary design and use of materials, with, where necessary, a ‘planting’ scheme.
SUMMARY OF MAIN ISSUES:Proposed car wash and tyre change facility makes use of vacant former petrol station. Previous residential consent has expired.
NON MATERIAL CONSIDERATIONS:Competition
REPRESENTATIONS:Development advertised on site
The Occupiers of 2, 4, 6A, 6B, 6C, 8A, 8B, 8C, 10A, 10B, 10C, 12A, 12B, 12C, 14A, 14B, 14C, 16A, 16B, 16C, Ramsden Street, Buildrite, Units 1-8A (inclusive) Shore Street, 13, 55, 55A, 56, 57, 58, The Strand, British Workmans Club, Imo Car Wash, Mix n Match, St John Ambulance, Wm Morrison Supermarkets PLC, The Strand, Bradford and Northern Housing Association, Ramsey Park, Barrow-in-Furness all informed.
The Occupier, 34 Smeaton Street, Barrow-in-Furness
As someone who employs 2 local people in the same line as this application not more than 40 yards from this proposed site I strongly object, carwashing at the moment has been very poor with the current recesion resulting in me laying someone off a few months ago, there are already 4 carwashes along that road which is hitting us hard as at one point we were the only one, I manage arc carwash opposite Morrisons and have done for 11 years. I have just spent 2 thousand pound laying new turf improving the look of the strand. looking at there plan they are going to erect fencing which would look awful, they say they dont need any special highway permissions but on there proposed exit you could only turn left as you can not turn right across the current road markings in place this I have checked out. It is also situated between two sets of traffic lights one of which is a pedestrian crossing which could cause chaos at times ! when my company got permission in 1994 they could not have the entrance or exit on the strand road resulting in us using Albert Street, what’s changed ? this opening would be the final nail in the coffin for a business that’s paid its rates and employed local lads for 16 years thanks stuart evans will there be a meeting
Brian Barber Associates
I am instructed by Anduff Car Wash Ltd who occupy a site to the south of the proposal area, to lodge objections to the above planning application. My client operates a car wash and jet wash facility at The Strand/Albert Street.
The grant of planning permission for this new use will impact upon the existing car wash facility at The Strand/Albert Street. Despite competition not being a planning matter, it is clear that this new use will affect the car wash business to the south of the proposal area and could lead to a vacant unit and a loss of the existing use.
The application site is on the periphery of the town centre and is surrounded by a mix of housing, retail and commercial uses. The site was previously used as a petrol filling station and was granted outline planning permission for 12 residential apartments with associated parking (site layout not reserved) in November 2006. Planning officers, in the Committee report, stated that the scheme met national policy guidance in PPG3 (now PPS3) in relation to the reuse of brownfield land and the need to give priority to housing sites in appropriate locations. It would be very unfortunate for the area to lose the immediate potential of housing on this site because of current economic uncertainties.
This previous planning application was also subjected to third party consultations which generally were in favour of the residential proposals.
The current planning application seeks to change the use to a car wash, valeting and tyre change service. Whilst I comment on the proposals, I will also highlight discrepancies and a failure to address certain planning application form questions.
In terms of access, the previous proposal planned to provide an entrance to the residential site via Stark Street. Cumbria Highways, at the time, stated that this made sense and it would be safer than having access from the A5087. The alternative access was a vastly improved situation from the existing arrangement and it would have enabled the free flow of traffic and improvement in highway safety.
The applicant has not thought through the implication of the proposal on the community and local highways. It will generate large numbers of vehicles that will affect the highway through queues that will be formed going into the site in comparison to the alternative access proposed in the previous planning application. The proximity to the adjacent car wash facility and other accesses will increase the potential problems.
There also appears to be no parking area for staff and no marked area for the drop off of cars: For the proposal and any future traffic management plan provided within a planning condition to be considered acceptable, we request that you seek further technical advice and consultation with Cumbria Highways to explore the potential highway problems of the use, layout and access from a very busy A class road.
From the information available, it is not at all clear as to whether the use includes regulatory systems for the disposal of waste water. The application form advises that there is discharge to the main sewer and it appears, therefore, that the waste water from the car wash itself is disposed of via the mains drainage without an intercept or filtration system to address chemicals, detergents and washed off car oil. We would, therefore, request that you seek further technical advice and consultation with the Environment Agency and Environmental Health (who do not appear to be an the current proposals consultation list) as to whether this is an acceptable arrangement having regard to the detergents and chemicals used in car washing and valeting.
My client is concerned that no details are available of separate and dedicated foul drainage systems, oil catchment facilities and surface water run-off and, therefore, waste water containing cleaning chemicals may be being flushed into the public drains without filtration.
Furthermore, no provision has been included in the application for water recycling and water use minimisation. Such requirements are established by the Environment Agency and have an important role in minimising water usage and reducing the level of waste water entering the drainage system.
Having regard to the importance of conserving clean water nationally and the Government's commitment to reducing commercial water wastage, my client strongly objects to a use where this matter is not addressed.
This is particularly relevant having regard to" the start up nature of the business where such provision could be inbuilt at the outset.
It is also apparent that this type of business will store waste products such as detergents, however, the application form states that there are no plans to store and aid the collection of waste and recyclable waste.
In terms of the buildings and structures proposed on the site, the application details are not considered to accurately reflect the proposal. The cabin and canopy constitute buildings and structures and, therefore, commercial floorspace is being created and part 19 of the application form should have been completed. The structures will also be unsightly and visually intrusive in the long term. The cabin appears to be pre-fabricated using short lived materials and the layout is not presented in the plans. The site appears to be messy and does not compliment the existing street scene. The site has inadequate space to cater for the mix of staff and storage of chemicals and materials. There appears to be very few actual facilities on the site to cater for such a joint use and no such facilities for staff or the removal of foul waste.
With regard to the operation of the premises, there is no mention of a jet wash facility being utilised by the future landlords of the site despite this operation being fundamental to a business of this nature. There is also no mention of the need for tyre changes and it is clear that future planning applications may be required to enable this site to operate functionally, the implications being that further planning applications may be submitted to cater for the expansion of the use on this site.
The tyre change facility is likely to require the storage and disposal of tyres but the planning application makes no reference to this on the form, Design and Access Statement or plans. The planning application seems to be part of a large operation for two different land uses as the tyre change facility is a distinct operation from the car wash facility. There is obvious uncertainty as to which is the primary use on this site.
Of particular concern is the impact of the operations on the focal neighbourhood on Sundays and Bank Holidays. This will add further disturbances together with other commercial uses in the area and will create noise from engines, washing operations and staff on these days.
The car wash business to the south of the proposal area complies fully with the Car Wash Association essential practices guide (enclosed with this objection letter).
It is clear, however, that the planning application and its plans do not meet or adhere to the code of practice which sets out that car wash facilities must have suitably maintained equipment, regular disposal of waste and aim to prevent pollution.
Overall, the application appears deficient in a number of respects including the failure to include the site area and likely employment numbers on the application form as set out above. My client would, therefore, strongly urge you to refuse the planning application or at least refer it to the Planning Committee where we will request an opportunity to address Members. I am also happy to meet on site should you wish.
I should be grateful to receive an acknowledgement of this objection and the proposed date for the Planning Committee. "
Car Washing in the UK - Essential Practices ...
The CWA Code of Practice states the following characteristics are expected of all CWA Members:
• Adherence to that Environments! Agency': published guidelines on pollution prevention
(PPG13);
• Compliance with essential Health & safety standards;
• Proper business trading practices including up-to-date company registrations, appropriate Building Regulations and Planning Consent, public liability insurances and a legally employed workforce;
• Suitably maintained equipment that is correctly CE-marked for use within the UK • The use of REACH-compliant chemicals;
• Good on-site work practices that include daily equipment checks, regular cleaning rotas & knowledgeable staff;
In practice legitimate car wash operators must be able to demonstrate:
1. Responsible disposal of waste:
a) The use of multl-stage waste water Interceptor(s) and periodic collection by an accredited waste removal contractor;
b) If waste water is discharged to the local authority drains or sewers the operator must have obtained a trade effluent consent from their waste water utility provider,
c) If waste water is charged to ground, an environmental permit must be obtained from either the Environment Agency or the Local Authority.
2. Compliance with essential Company legislation:
aj Current Public Liability insurance - with a certificate available for inspection; bj A duty to check that all employees are entitled to work in the UK;
c) The business and its employees must be registered with HM Revenue & Customs; d) Provide employees with fundamental rights in respect of pay (minimum wage) 8 conditions.
e) Appropriate Building regulations and Planning Consent obtained before development of the car wash begins
3. Safe business practices:
a) Compliance with the Health and Safety at Work Act;
b) Use of appropriate tools & materials that will not endanger individuals (employees/customers) or their property.”
The Occupier, 57 Church Street, Barrow
“We already have loads of carwashes along that road and tyre bays too, and I don’t want to see a scruffy hand carwash behind my property when I look out the window as its only 40 yards away from the back of my house and why was I not informed all the residents feel the same way I do, we got rid of the old buildings on the strand and it looks a lot better since, what benefits would it bring and as for traffic its wedged between 2 sets of traffic lights which is a worry.”
The Occupier, 95 Ewan Close, Barrow
“I have an objection to this planning of a new carwash on the strand. in my personal opinion don’t you think it is kind of silly opening a carwash near another 2? i mean look at it carefully you have a carwash there called the ARC and another one half a second away at Morrisons. Another thing don’t you think the roads and little junction nearby would be more congested? Busy road at all times. I visit the town centre area on a daily basis. and I see so many cars along the strand it is unbelievable. Another carwash would only add to the problem don’t u think? Also think of the lads in the area their jobs will probably be at risk too. I mean with the recession affecting everyone in the country i don’t think it would be fair to go forward with this planning as you would be putting local lads jobs at risk. i also know a lot of people that use the ARC carwash and swear by it saying its good value for money and the fact you get different washes and so on. I personally don’t own a car but my main concern is local lads loosing their jobs. please take your time to consider what i have said.”
The Occupier, 1 The Strand, Barrow
“love Barrow, this will ruin other businesses in the area ! Strongly against.”..
The Occupier, 59 Church St, Barrow.
“We already have enough carwashes on the strand surely this would effect peoples jobs the same with tyre change there everywhere like little tony’s right behind it as for the fence it will ruin the look of the strand big no from me”.
Supporting Statement by Chorlton Planning Ltd. on behalf of application –
(Dated 29/10/10)
“Following discussions with the County Council’s highway engineer, I enclose three copies of an amended plan indicating revised access arrangements, as requested.
In response to the objections lodged by Brian Barber Associates on Behalf of Anduff Car Wash Ltd., it appears that the basis of the objections stem from concerns regarding the competition that the proposed use will create. This is clearly not a material planning consideration.
Due to the current economic climate and housing market the redevelopment of the site for residential purposes in the short term is not feasible. The purpose of the car wash is to secure an intervening use until such a time as it is appropriate for the residential development of the site to be pursued. The outline planning permission for the residential scheme has expired and a further application will be required in the future.