Agenda item

Variation of condition 9 (hours of delivery to service yards) attached to planning reference HGY/2007/0500 to allow operation between 0700 - 2100hrs Monday to Friday, 0800 - 2100hrs on Saturdays, and 0900 - 1800hrs on Sundays and Bank Holidays.

RECOMMENDATION: Grant permission subject to conditions.

The Committee was advised that the application site formed part of the Mall Shopping City which consisted of a covered three-level shopping mall, a multi-plex cinema, multi-storey car parks, a recently vacated petrol filling station and  service yards and residential and office space.  The proposal before the Planning Committee was for a variation to condition 9 relating to the hours of delivery to service yards. The original application included a condition implementing the hours of delivery to be outside the hours of 7am-7pm Monday – Saturday with no deliveries on Sundays and Bank Holidays, and a further application was  then received for 24 hrs delivery and this was refused planning permission. The variation now applied for was to allow operation between 0700-2100hrs Monday to Friday, 0800-2100hrs on Saturdays and 0900 – 1800 on Sundays and Bank Holidays. 

The Committee were advised that because the applicant was not proposing early morning or late night deliveries it was anticipated that there should not be much additional disturbance to residents.

The Committee questioned the reasons why the extension and need for flexibility in the delivery times had arisen, and the size of the vehicle.  In response officers advised that the applicant had expressed the need for delivery on Sundays in order for stock to be available on Mondays to meet customer demands.  It was the case that all other stores had deliveries 24/7.  Given the proximity of the site, delivery was requested up to 9pm, and Sundays/Bank holidays. 

The Committee further commented on  the effects of the increase in deliveries to the store and the fact that the variation had been requested even before the store had been completed and opened, and the fact that the goods to be delivered were non perishable.  Clarification was also sought as to the deliveries to other shops in the mall and whether it was possible for deliveries to be made to these stores from the same delivery vehicles, therefore cutting the number of deliveries in total to the Mall.

In response the Committee were advised that as the different retailers in the mall had different suppliers it was not possible to consolidate delivery services. Also the increased effect of deliveries would have no greater effect on the level of traffic and noise that residents had experienced when the former petrol station had been in use.  The Committee commented that  the noise levels from the former petrol station and noise from cars was significantly different from, and could not be compared to the noise that would result in the increase in vehicle deliveries given their size, as well as their proximity to residential dwellings.

In response to further questions the Committee were advised that the service and storage yards were the furthest away from Caxton Road, and that noise levels from idling vehicles was envisaged to be minimal in terms of residence disturbance.

Local residents addressed the Committee and objected to the application on the basis that:

·        That the proposed variation had been applied for even before the development had been built without any actual rationale as to whether the variation would be required;

·        The proposed operation would mean delivery 365 days a year which would result in an invasion of local residents’ privacy and their quality of life and wellbeing being affected especially on weekends, bank holidays and at evening time by the resultant increase in noise levels due to increased usage;

·        That the former petrol station usage and levels of noise could not be in any way compared to the likely noise levels if the variation was allowed as the level of noise/vibration from HGV’s was considerably higher than car noise/vibration, and that the former petrol station had not been used during the evenings;

·         The level of officer consultation to the proposed variation had been minimal, and the effects of the impact of HGV’s on the two roads affected, as well as the local feeder roads would be considerable;

·        That the noise levels from the actual shopping mall and High Road were not a comparison of noise levels at the rear of the shopping mall and that it was accepted that there would be high noise levels in a shopping/high street area.

Councillor C Harris spoke in her capacity as Ward Member, and in support of the objections to the proposed variation. In sharing a number of the views expressed by the residents Councillor Harris commented that the proposed variation would mean an increase in HGV usage in an area where traffic noise was considerable, and the effects that the HGV usage and traffic pressure that the proposed operation would create in the smaller streets in the vicinity would be considerable. Councillor Harris commented that she had been present in the homes of two different residents in vicinity of the shopping mall, and could personally vouch for the noise levels. Councillor Harris concluded by urging the Committee to refuse the application on the grounds of the detrimental effect on local residents in the areas immediately, and close to the rear of the shopping mall.

The Committee then viewed the plans.

The Chair then asked if there were any point so clarification   or comment.

The Committee were advised by the Planning Officer that in respect of the actual consultation and responses received  it was the case that there had been forty five identical letters of objection, and four individual letters, with no responses from residents of Caxton Road where the main increase in traffic noise would be felt. In response to clarification the Committee were advised that the HGV vehicles would come along the spine road to Mayes Road and take a turning right taking traffic off Hornsey Park Road.

The Committee were further advised by the Transportation Planner  that the HGV noise levels at the Tottenham Hale retail park had been examined and the HGV usage and that there were 6/5 HGV a day maximum and generally the deliveries were mornings to early afternoon. The traffic noise levels at Wood Green were likely to be in the region of 60% less than the retail park. 

Following further discussion a MOTION was moved to grant the application.

On a vote there being 2 for and 4 against the MOTION to grant the application was refused.

The Chair advised that in refusing the application the Committee would be required to give clear reasons for the refusal.

The Committee then;

RESOLVED:

That the application for a variation of condition 9 (hours of delivery to service yards) attached to planning reference HGY/2007/0500 to allow operation between 0700-2100 Monday to Friday, 0800-2100 on Saturdays, and 0900-1800hrs on Sundays and Bank Holidays be refused on the grounds that the application would have an unacceptable impact on the quality of life for residents and on the quality of their amenity due to noise and vibration extending into a sensitive time of the day in the evenings, and extending over 365 days.

INFORMATION RELATING TO APPLICATION REF: HGY/2008/0467

FOR PLANNING COMMITTEE DATED 06/05/2008

Location: Wood Green Shopping City, High Road N22

Proposal: Variation of Condition 9 (hours of delivery to service yards) attached to planning reference HGY/2007/0500 to allow operation between 0700 - 2100hrs Monday to Friday, 0800 - 2100hrs on Saturdays, and 0900 - 1800hrs on Sundays and Bank Holidays.

Recommendation: Refused

Decision: Refused

Conditions:

1. The proposed variation of condition to extend the operational hours of delivery within the new service yard 5, would give rise to noise and disturbance to nearby residential properties extending to 365 days a year, particularly at evenings and on Sundays when residents would have a reasonable expectation of quiet enjoyment of their properties.  The applicants have failed to demonstrate why deliveries cannot be made within the permitted 12-hour periods on 6 days of the week.  As such the proposal would be detrimental to residential amenity and contrary to Policy 4A.14 'Reducing Noise' of the London Plan (2004), and in Policy ENV6 'Noise Pollution' of the Adopted Haringey Unitary Development Plan 2006.

Section 106: No