Report of the Head of Planning, Sport and Green Spaces APP 2013 3549.pdfCentral & South Planning Committee - 30th January 2014 PART 1 - MEMBERS, PUBLIC & PRESS FORMER CAPE BOARDS SITE

Central & South Planning Committee - 30th January 2014

PART 1 - MEMBERS, PUBLIC & PRESS

FORMER CAPE BOARDS SITE IVER LANE COWLEY

Variation of condition 8 (Operating Hours) of planning permission Ref:751/APP/2012/3196 dated 10/10/2013 (Change of use to storage of vehiclesassociated with the use as a freight company and installation of portacabins)to allow for 24 hour operation

29/11/2013

Report of the Head of Planning, Sport and Green Spaces

Address

Development:

LBH Ref Nos: 751/APP/2013/3549

Drawing Nos: Decision of the Traffic CommissionerPlanning Statement

Date Plans Received: Date(s) of Amendment(s):

1. SUMMARY

The application seeks to vary condition 8 of planning permission Ref:751/APP/2012/3196 to allow 24 hour operation of the freight business operating from thesite.

Application 751/APP/2012/3196 related to the change of use to storage of vehiclesassociated with the use as a freight company and installation of portacabins and wasapproved at the committee of the 24th September 2013, subject to a number ofconditions.

Condition 8 of the permission stated:

'Operation of the site, servicing, deliveries and collections, including waste collections,shall be restricted to the following hours; 0800 hrs to 1800 hrs Monday to Saturdays andnot at all on Sundays and Bank/Public Holidays.

REASONTo ensure that the amenity of the occupiers of adjoining or nearby properties is notadversely affected in accordance with Policy OE3 of the Hillingdon Unitary DevelopmentPlan Saved Policies (September 2007).'

The current application is to vary this condition to allow a 24 hour operation.

An application (reference 751/APP/2013/756) for a similar variation of condition, to allowfor operation and delivery within the early hours of the morning, for a site operating withinthe Cape Boards site in close proximity to the application site was appealed on thegrounds of non-determination. The Appeal Inspector dismissed the appeal on 18thDecember 2013 and provided the following comments:

'It is clear that there has been a gradual build up of night-time HGV movements to/fromthe former Cape Boards site over the past few years. From an industrial estate of thetype that includes the appeal site, in the location that it stands and with the sole accessfor HGVs being via Iver village, some noise impact on residents from passing HGVs willbe inevitable and no mitigation measures are available to NPL to reduce the noise frompassing vehicles.'

03/12/2013Date Application Valid:



In this case, no noise mitigation measures have been proposed and indeed it is believedthat in relation to the impact of the HGVs passing residential dwellings, no suchmitigation is possible. The noise mitigation measures referred to within the TrafficCommissioner's Public Inquiry report relate to mitigation measures within the site itself.

It is considered that the hours of use of the site as proposed in the current applicationwould not be acceptable given the proximity of the residential dwellings to the site, theassociated noise generating activities within the site and the route the HGV vehiclesassociated with the site/business would take, travelling past noise sensitive residentialdwellings on Iver Lane. Objection is raised to the operation of the site during unsociablehours during the evening and night after 1800 hours and the morning, before 0800 hours.

The above conclusion has been reached after the analysis of all the docummentssubmitted in particular the submitted Planning Statement and the report relating to theTraffic Commissioner's Public Inquiry, the neighbour objections and the Council'sEnvironmental Protection Unit's comments.

It is considered that the proposal would not result in any significantly greater impact onthe visual amenities of the adjoining Green Belt and Cowley Lock Conservation Area.The Council's Highways Engineer also has no objection on highway capacity or safetygrounds.

REFUSAL for the following reasons:

NON2 Non Standard reason for refusal

The proposal, due to site operations and vehicular movements during unsociable hours,would be detrimental to the amenities of nearby residential occupiers by reason ofunacceptable noise and disturbance. The proposal would therefore be contrary to PolicyEM8 of the Hillingdon Local Plan: Part One - Strategic Policies (November 2012),Policies OE1 and OE3 of the Hillingdon Local Plan: Part Two - Saved UDP Policies(November 2012) and Policy 7.15 of the London Plan (2011).

1

I52

I53

Compulsory Informative (1)

Compulsory Informative (2)

1

2

INFORMATIVES

The decision to REFUSE planning permission has been taken having regard to allrelevant planning legislation, regulations, guidance, circulars and Council policies,including The Human Rights Act (1998) (HRA 1998) which makes it unlawful for theCouncil to act incompatibly with Convention rights, specifically Article 6 (right to a fairhearing); Article 8 (right to respect for private and family life); Article 1 of the FirstProtocol (protection of property) and Article 14 (prohibition of discrimination).

The decision to REFUSE planning permission has been taken having regard to thepolicies and proposals in the Hillingdon Unitary Development Plan Saved Policies(September 2007) as incorporated into the Hillingdon Local Plan (2012) set out below,including Supplementary Planning Guidance, and to all relevant material considerations,including the London Plan (July 2011) and national guidance.

2. RECOMMENDATION

AM13 AM13 Increasing the ease of movement for frail and elderly peopleand people with disabilities in development schemes through(where appropriate): - (i) Dial-a-ride and mobility bus services(ii) Shopmobility schemes



I59 Councils Local Plan : Part 1 - Strategic Policies3

On this decision notice policies from the Councils Local Plan: Part 1 - Strategic Policiesappear first, then relevant saved policies (referred to as policies from the HillingdonUnitary Development Plan - Saved Policies September 2007), then London Plan Policies.On the 8th November 2012 Hillingdon's Full Council agreed the adoption of the CouncilsLocal Plan: Part 1 - Strategic Policies. Appendix 5 of this explains which saved policiesfrom the old Unitary Development (which was subject to a direction from Secretary ofState in September 2007 agreeing that the policies were 'saved') still apply fordevelopment control decisions.

3. CONSIDERATIONS

AM2

AM7

AM9

BE4

BE13

BE25

BE38

LDF-AH

LE1

LE2

LE3

LPP 4.4

LPP 5.3

LPP 5.8

LPP 7.2

LPP 7.15

OE1

OE2

OE3

OE5

OE7

OE8

OE9

OL1

OL5

(iii) Convenient parking spaces(iv) Design of road, footway, parking and pedestrian and streetfurniture schemesDevelopment proposals - assessment of traffic generation, impacton congestion and public transport availability and capacityConsideration of traffic generated by proposed developments.

Provision of cycle routes, consideration of cyclists' needs in designof highway improvement schemes, provision of cycle parkingfacilitiesNew development within or on the fringes of conservation areas

New development must harmonise with the existing street scene.

Modernisation and improvement of industrial and business areas

Retention of topographical and landscape features and provision ofnew planting and landscaping in development proposals.Accessible Hillingdon , Local Development Framework,Supplementary Planning Document, adopted January 2010Proposals for industry, warehousing and business development

Development in designated Industrial and Business Areas

Provision of small units in designated Industrial and Business Areas

(2011) Managing Industrial Land & Premises

(2011) Sustainable design and construction

(2011) Innovative energy technologies

(2011) An inclusive environment

(2011) Reducing noise and enhancing soundscapes

Protection of the character and amenities of surrounding propertiesand the local areaAssessment of environmental impact of proposed development

Buildings or uses likely to cause noise annoyance - mitigationmeasuresSiting of noise-sensitive developments

Development in areas likely to flooding - requirement for floodprotection measuresDevelopment likely to result in increased flood risk due to additionalsurface water run-off - requirement for attenuation measuresLimitation of development in areas with a potential for seweragefloodingGreen Belt - acceptable open land uses and restrictions on newdevelopmentDevelopment proposals adjacent to the Green Belt



3.1 Site and Locality

The site is located on the north side of Iver Lane, forming part of and being located to thesouth eastern corner of the larger former Cape Boards site that is currently divided into anumber of enterprises used for light industrial, storage and other industrial uses.

A wide, gated entrance to the application site is located on the east of the main accessroute just within the industrial park, approximately 15m north of the main entrance to thelarger Cape Boards site. The southern boundary of the site fronts Iver Lane.

Iver Lane is located at the western boundary of Hillingdon with South Bucks Council. Fromwithin Hillingdon, access to Iver Lane is via High Street, Cowley which is an unclassifiedroad and benefits from a 5.5m wide carriageway and 2m wide footway. However, to theeast of the main entrance to the site on Iver Lane, a bridge over the Canal restricts HGVaccess (into or from the London Borough of Hillingdon). HGV Vehicles are thereforerequired to access the site via roads within South Bucks Council.

The application site itself is occupied by Rhodes Freight Services Ltd who are stated to bea firm specialising in 'Temperature Conrolled Transport'. The firm's operations make useof HGVs. It is stated that 'the applicant specialises in refrigerated transport of perishablecommodities, particularly fresh flowers, fruit and vegetables. These are collected fromLondon Heathrow, directly from arriving flights and due to their perishable nature have tobe rapidly transferred to their destination, in many cases within twelve hours of arriving onthe flight'.

There are no Tree Preservation Orders on, or close to, the site.

There are residential properties with open land located to the west on the opposite side ofRiver Colne with more residential to the south opposite Iver Lane with access off Old MillLane.

The total site area is 0.4Ha.

The site has the Grand Union Canal to the east. The site is designated as an Industrialand Business Area on the Proposals Map of the Hillingdon Local Plan: Part Two - SavedUDP Policies (November 2012).

3.2 Proposed Scheme

The application seeks to vary condition 8 of planning permission ref 751/APP/2012/3196to allow 24 hours of operation. Application 751/APP/2012/3196 related to the change ofuse to storage of vehicles associated with the use as a freight company and installation ofportacabins and was approved at Planning Committee on 24/09/2013, subject to anumber of conditions.

Condition 8 of the permission stated:


REASONTo ensure that the amenity of the occupiers of adjoining or nearby properties is notadversely affected in accordance with Policy OE3 of the Hillingdon Unitary Development



Plan Saved Policies (September 2007)'.

The application documents state that the application 751/APP/2012/3196 was submittedseeking 24 hours a day operation, due to the nature of the business operating from thesite.

The application site itself is occupied by Rhodes Freight Services Ltd who are stated to bea firm specialising in 'Temperature Conrolled Transport'. The firm's operations make useof HGVs. It is stated that 'the applicant specialises in refrigerated transport of perishablecommodities, particularly fresh flowers, fruit and vegetables. These are collected fromLondon Heathrow, directly from arriving flights and due to their perishable nature have tobe rapidly transferred to their destination, in many cases within twelve hours of arriving onthe flight'.

The following comments have been made as part of the application submission to justifythe need for 24 hour operation of the site:

1. As the local authority will appreciate London Heathrow is a 24 hour and seven days ofthe week operation with flights arriving and departing throughout the day and night. Thereis no fixed pattern to the arrival of the goods that the applicant needs to collect and due tothe lack of refrigerated storage facilities at London Heathrow, as soon as the goods havebeen unloaded from the planes and have cleared customs, they have to be immediatelyloaded in to the lorries ready to depart.

2. As can be appreciated, flights can be delayed and customs clearance can take in theregion of 2 to 6 hours, meaning for example a flight that arrives at 4pm may not becleared until 9pm and would have to be collected immediately, as if the goods where leftuntil 8am the next day their condition would have deteriorated and the whole consignmentwould be wasted.

3. Not all goods that arrive on a flight are destined for the same destination and thereforein certain circumstances there is a need to return the lorries to the Iver Lane site for stockconsolidation and then for a lorry to leave to deliver the stock to its final destination, againwithin a limited time frame.

4. To clarify what this means in terms of movements of vehicles, it is estimated that out ofthe 16 lorries within Rhodes Freights fleet, two to three would be arriving during the nightfor stock consolidation and one or two would be leaving, this would normally happenduring a period between 2pm and 4am. In periods of particularly heavy demand, such asthe days leading up to Valentines Day for instance, there may be more movements.

5. In addition to the importation of goods, Rhodes Freight also transport good destined forexport, to London Heathrow. The goods are collected from Stevenage overnight to bedelivered at the airport for a morning flight.

It is further advised by the applicants that Rhodes Freight (the applicants) were issuedwith an operator's licence by the South Eastern and Metropolitan Traffic Commissioner,following a public inquiry held on 20/05/2013. In his summing up of the application for theapproval of an operator's licence the Traffic Commissioner concluded that the use of thesite by Rhodes Fright for 24 hour working was acceptable, imposing only 4 conditions:

i) The site's main gate should be manned at all times when the operators vehicles areexpected to arrive at the operating centre and the gates opened so that an incoming



vehicle can proceed directly into the site without having to stop on Iver Lane;ii) If a vehicle enters the main site gate at the same time as another vehicle is leaving, theentering vehicle will proceed straight down the main site driveway turn around and thenenter the operating centre by turning left;iii) Any reversing alarms on the operators forklift trucks will be of the "warbler" type;iv) Refrigerated vehicles and trailers will normally be powered by electricity only. Except incases of emergency (which should be recorded by the operator) they will never bepowered by a diesel generator between the hours of 2100 and 0700 or on a Sunday orpublic holiday.

751/AE/82/1577

751/AF/82/1578

751/AG/82/1579

751/AH/82/1580

751/AP/84/0495

751/APP/2000/1039

751/APP/2001/28

Cape Boards Ltd Cowley Bridge Works Iver Lane Cowley Uxbridge





Cape Calsil Ltd Iver Lane Cowley


Industrial dev. - 484sq.m. (Full)(P)



Extension/Alterations to Industrial premises (P) of 744 sq.m.

Renewal of p/p ref; 7512/78/2024 of 682 sq.m.

ERECTION OF A SINGLE STOREY BOILER HOUSE, 19 METRE HIGH CHIMNEY, 13 METREHIGH GAS TANK AND ANCILLARY EQUIPMENT

RETENTION OF MODULAR MOBILE BUILDING TO PROVIDE ANCILLARY OFFICE SPACE

27-01-1983

27-01-1983

27-01-1983

27-01-1983

21-09-1984

21-08-2000

23-03-2001

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Approved

Approved

Approved

Approved

Approved

Approved

Approved

3.3 Relevant Planning History



751/APP/2001/403

751/APP/2003/1532

751/APP/2005/1797

751/APP/2006/1077

751/APP/2006/2225

751/APP/2006/3418

751/APP/2007/3244


Cape Boards Ltd Iver Lane Cowley Uxbridge

Former Cape Boards Site Iver Lane Cowley

Former Cape Board Site Iver Lane Cowley

Part Of Former Cape Boards Site Iver Lane Cowley


Northern Part Of The Former Cape Boards Site Iver Lane Cowley

INSTALLATION OF A REPLACEMENT GROUND BASED EQUIPMENT CABIN(CONSULTATION UNDER SCHEDULE 2, PART 24 OF THE TOWN AND COUNTRYPLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER 1995)(AS AMENDED)

INSTALLATION OF SIX ADDITIONAL ANTENNAS, ONE NEW DISH ON EXISTING MASTAND TWO EQUIPMENT CABINETS (CONSULTATION UNDER SCHEDULE 2, PART 24 OFTHE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER1995)(AS AMENDED)

ERECTION OF 2.1 METRE HIGH SECURITY FENCE ABUTTING IVER LANE(RETROSPECTIVE APPLICATION)

RETENTION OF 2.44 METRE HIGH PALISADE FENCING ALONG THE IVER LANEFRONTAGE FROM THE SITE ENTRANCE TO THE RIVER COLNE (RETROSPECTIVEAPPLICATION)

RETENTION OF USE OF SITE FOR THE STORAGE AND DISTRIBUTION OF MOTORVEHICLES (CLASS B8) BY CAR RENTAL FIRM.

DETAILS OF LANDSCAPING IN COMPLIANCE WITH CONDITION 1 OF PLANNINGPERMISSION REF. 751/APP/2006/1077 DATED 18/10/2006: RETENTION OF 2.44M HIGHPALISADE FENCING ALONG THE IVER LANE FRONTAGE.

PERMANENT ERECTION OF FOUR PORTACABINS FOR ANCILLARY OFFICE AND STAFFWELFARE FACILITIES, CLADDING & NETTING OF THE EXISTING BUILDING, ERECTIONOF 7M HIGH CHAIN LINK FENCING (WESTERN AND SOUTHERN BOUNDARY),ASSOCIATED CAR PARKING AND ANCILLARY SITE WORKS INCLUDING THEINSTALLATION OF VARIOUS ASSOCIATED PLANT MACHINERY.

30-05-2001

18-08-2003

24-08-2005

18-10-2006

16-11-2006

07-09-2012

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

PRN

PRQ

Refused

Approved

Approved

Approved



751/APP/2008/1340

751/APP/2008/2128

751/APP/2008/2133

751/APP/2008/2607


Cape Building Products(Boards & Panels) Iver Lane Cowley Uxbridge

Northern Part Of The Former Cape Boards Site Iver Lane, Cowley, Ux


OPTION 1: ACCESS FROM WALLINGFORD ROADOPTION 2: ACCESS FROM IVER LANE

DETAILS IN COMPLIANCE WITH CONDITIONS 3 (PLANT AND MACHINERY), 4(PROTECTION FOR SURROUNDING DWELLINGS) AND 7 (SITE SURVEY) OF PLANNINGPERMISSION REF. 751/APP/2007/3244 DATED 22/01/2008: PERMANENT ERECTION OFFOUR PORTACABINS FOR ANCILLARY OFFICE AND STAFF WELFARE FACILITIES,CLADDING AND NETTING OF THE EXISTING BUILDING, ERECTION OF 7M HIGH CHAINLINK FENCING (WESTERN AND SOUTHERN BOUNDARY), ASSOCIATED CAR PARKINGAND ANCILLARY SITE WORKS INCLUDING THE INSTALLATION OF VARIOUSASSOCIATED PLANT MACHINERY.OPTION 1: ACCESS FROM WALLINGFORD ROAD;OPTION 2: ACCESS FROM IVER LANE.

DETAILS OF NOISE CONTROL SCHEME (CONDITION 3) IN COMPLIANCE WITHPLANNING PERMISSION REF.751/APP/2007/3244 DATED 22/01/2008: PERMANENTERECTION OF FOUR PORTACABINS FOR ANCILLARY OFFICE AND STAFF WELFAREFACILITIES, CLADDING AND NETTING OF THE EXISTING BUILDING, ERECTION OF 7MHIGH CHAIN LINK FENCING (WESTERN AND SOUTHERN BOUNDARY), ASSOCIATEDCAR PARKING AND ANCILLARY SITE WORKS INCLUDING THE INSTALLATION OFVARIOUS ASSOCIATED PLANT MACHINERY. OPTION 1: ACCESS FROM WALLINGFORDROAD; OPTION 2: ACCESS FROM IVER LANE.

External cladding across eastern elevation (part retrospective application).

DETAILS IN COMPLIANCE WITH CONDITION 7 (SITE SURVEY) OF PLANNINGPERMISSION REF. 751/APP/2007/3244 DATED 22/01/2008: PERMANENT ERECTION OFFOUR PORTACABINS FOR ANCILLARY OFFICE AND STAFF WELFARE FACILITIES,CLADDING AND NETTING OF THE EXISTING BUILDING, ERECTION OF 7M HIGH CHAINLINK FENCING (WESTERN AND SOUTHERN BOUNDARY), ASSOCIATED CAR PARKINGAND ANCILLARY SITE WORKS INCLUDING THE INSTALLATION OF VARIOUSASSOCIATED PLANT MACHINERY.OPTION 1: ACCESS FROM WALLINGFORD ROAD;OPTION 2: ACCESS FROM IVER LANE

22-01-2008

03-07-2008

30-09-2008

07-10-2008

14-10-2008

Decision:

Decision:

Decision:

Decision:

Decision:

Approved

SD

Approved

Approved

Approved



751/APP/2008/2853

751/APP/2008/3436

751/APP/2008/745

751/APP/2009/1067

751/APP/2009/2721

751/APP/2009/402

751/APP/2009/674

751/APP/2010/2412









Use of land for the parking (storage) of heavy/light goods vehicles for a truck rental firm (notvisited by customers) and siting of operations portacabin (retrospective application).

Temporary change of use to provide cleaning/ servicing yard for bins/skips (Sui Generis),together with temporary ancillary workshop and office buildings.

USE OF LAND FOR THE PARKING (STORAGE) OF HEAVY/LIGHT GOODS VEHICLES FORA TRUCK RENTAL FIRM (NOT VISITED BY CUSTOMERS) AND SITING OF OPERATIONSPORTACABIN (RETROSPECTIVE APPLICATION).

Amendment to planning permission ref.751/APP/ 2009/402 (condition 10) dated 26/05/2009 toallow up to 4 lorry movements entering and leaving the site between 11pm and 7 am.(Temporary change of use to provide cleaning/servicing yard for bins/skips (Sui Generis),together with temporary skip holding area (B8), ancillary workshop and portacabin)

Marking out on existing tarmac of 25 lorry parking spaces (Application for a Certificate of LawfulDevelopment for a Proposed Development)

Temporary change of use to provide cleaning/servicing yard for bins/ skips (sui-generis),together with temporary skip holding area (B8), ancillary workshop and portacabin.

ALTERATION TO DEPOT'S EXISTING HEAVY GOOD VEHICLE AND LORRY PARKINGLAYOUT TO PROVIDE A TOTAL OF 25 SPACES FOR OVERNIGHT PARKING(AMENDMENT TO PLANNING PERMISISON 751/APP/2007/3244)

18-02-2009

01-07-2008

14-07-2009

19-02-2010

12-05-2009

30-06-2009

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Refused

Refused

Refused

Refused

Approved

Approved

Allowed

Allowed

Allowed

Appeal:

Appeal:

Appeal:

30-11-2009

29-12-2010

20-04-2010



751/APP/2011/1401

751/APP/2011/272

751/APP/2012/3196

751/APP/2013/266

751/APP/2013/2717

751/APP/2013/3754





West London Industrial Park Iver Lane Cowley

West London Industrial Park Iver Lane Cowley

Variation of condition 2 (to allow a maximum of 8 lorry movements between hours of 22:00 and07:00) of the Secretary of State's Appeal Decision ref: APP/R5510/A/09/2110358 dated19/11/2010 (LBH ref: 751/APP/2009/1067 dated 14/07/2009):(Temporary change of use toprovide cleaning/ servicing yard for bins/skips (Sui Generis), together with temporary skipholding area (B8), ancillary workshop and portacabin.)

Variation of conditions 10 and 11 of planning permission ref. 751/APP/2010/2412 dated20/12/2010 to allow a maximum of 8 lorry movements between hours of 23:00 and 07:00(Variation of condition 2 (to allow a maximum of 8 lorry movements between hours of 22:00 and07:00) of the Secretary of State's Appeal Decision ref: APP/R5510/A/09/2110358 dated19/11/2010 (LBH ref: 751/APP/2009/1067 dated 14/07/2009):(Temporary change of use toprovide cleaning/ servicing yard for bins/skips (Sui Generis), together with temporary skipholding area (B8), ancillary workshop and portacabin)

Erection of two detached single storey buildings for the use of light industrial and offices withassociated parking (Retrospective application).

Change of use to storage of vehicles associated with the use as a freight company andinstallation of portacabins. (Retrospective)

Erection of a detached single storey building for the use of general industrial to includemezzanine floor level and associated parking (Part retrospective).

Erection of buildings comprising offices, welfare facilities, maintenance workshops, laying out ofcar parking and internal security fencing all in conjunction for the use of the site in associationwith the storage, maintenance and hire of construction plant and machinery.

2 x open fronted workshop buildings (Part Retrospective)

20-12-2010

03-10-2011

01-11-2011

24-09-2013

28-11-2013

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Approved

Approved

Approved

Approved

Approved



751/APP/2013/756

751/AR/85/1529

751/BA/88/0821

751/BD/89/0080

751/BE/89/0081

751/BH/89/1524

751/BL/89/1903

751/BM/89/1904









Variation of condition 5 of planning permission ref 751/APP/2011/272 dated 01/11/2011 torestrict operations on the site to the following hours: 0530 hrs to 1800 hrs Monday to Saturdaysand not at all on Sundays and Bank/Public Holidays. Deliveries and collections, including wastecollections, shall be restricted to 0800 hrs to 1800 hrs Monday to Saturdays and not at all onSundays and Bank/Public Holidays, with the exception of up to 13 movements between 0600hrs to 0800 hrs Monday to Saturdays and not at all on Sundays and Bank/Public Holiday(Erection of two detached single storey buildings for the use of light industrial and offices withassociated parking (Retrospective application))

Single storey rear extension.

Erection of detached building to form facility for testing fire resistance of boards

Alterations to existing product test facility building with provision of new roof.

Alterations to entrance gates & fencing, erection of portable gatehouse and 2 security barriers.

Retention of a single-storey building to accommodate existing water treatment plant

Retention of extension to garage ancillary to manufacturing plant

18-12-2013

15-11-1985

18-07-1988

07-03-1989

07-03-1989

08-11-1989

14-02-1990

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Not Determined

Approved

Approved

Approved

Approved

Approved

Approved

DismissedAppeal: 18-12-2013



There have been several applications for the overall Cape Boards site.

Specifically relating to the application site, application 751/APP/2012/3196 for 'Change of

751/BP/90/0058

751/BR/90/0462

751/BS/90/0509

751/BW/90/0693

751/BY/90/1168

751/CD/95/1790

751/CG/99/0793







Cape Boards Ltd Iver Lane Cowley Uxbridge

Retention of single storey office building and landscaping improvements

Erection of a single-storey side extension and detached purpose built paint store

Erection of silo for the storage of cement

Erection of a steel weigh tower and control room to house new plant and equipment

Erection of a single storey detached mobile building unit to provide additional floorspace

Erection of freestanding plinth for display of advertisement

Retention of a modular type mobile building unit for office accommodation (retrospectiveapplication)

Extension of existing 15 metre high telecommunications mast to 25 metres

10-04-1990

17-05-1990

10-10-1990

10-10-1990

10-12-1990

19-09-1990

15-01-1996

04-08-1999

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Decision:

Approved

Approved

NFA

NFA

ALT

Approved

ALT

Approved

Comment on Relevant Planning History



use to storage of vehicles associated with the use as a freight company and installation ofportacabins. (Retrospective)' was approved by Planning Committee on 24/09/2013,subject to a number of conditions.

It is further to be noted that the planning history of the adjacent site to the west is ofrelevance. Planning application 751/APP/2011/272 for 'Erection of two detached singlestorey buildings for the use as light industrial and offices with associated parking(Retrospective application)' was approved at Committee on 01/11/2011, subject to anumber of conditions. Subsequently, application 751/APP/2013/756 was submitted,seeking to vary condition 5 of this permission which stated:


REASONTo ensure that the amenity of the occupiers of adjoining or nearby properties is notadversely affected in accordance with Policy OE3 of the Hillingdon Unitary DevelopmentPlan Saved Policies (September 2007)'.

The variation of condition application sought to restrict operations on the site to 0530 hrsto 1800 hrs Monday to Saturdays and not at all on Sundays and Bank/Public Holidays,with deliveries and collections, including waste collections, to be restricted to:

0800 hrs to 1800 hrs Monday to Saturdays and not at all on Sundays and Bank/PublicHolidays, with the exception of up to 13 movements between 0600 hrs to 0800 hrsMonday to Saturdays and not at all on Sundays and Bank/Public Holiday.

It was considered that the hours of use of the site as proposed would not be acceptablegiven the proximity of the residential dwellings to the site, the associated noise generatingactivities within the site and the route the HGV vehicles associated with the site/businesswould take, travelling past noise sensitive residential dwellings on Iver Lane. Objectionwas raised to the operation of the site during unsociable hours from 05:30 to 08:00 andthe increase in deliveries and collections, including waste collections between 06:00 and08:00 of up to 13 movements.

A non-determination appeal was lodged and the application was reported to planningcommittee where irt was determined that it would have been refused for the followingreason:

The proposal, due to site operations and vehicular movements during unsociable hours,would result in unacceptable noise and disturbance for nearby residential occupiers. Theproposal would therefore be contrary to Policies OE1 and OE3 of the Hillingdon LocalPlan: Part Two - Saved UDP Policies (November 2012).

The Appeal was dismissed.

4. Planning Policies and Standards

UDP / LDF Designation and London Plan



PT1.EM8 (2012) Land, Water, Air and Noise

The following UDP Policies are considered relevant to the application:-

Part 1 Policies:

AM13

AM2

AM7

AM9

BE4

BE13

BE25

BE38

LDF-AH

LE1

LE2

LE3

LPP 4.4

LPP 5.3

LPP 5.8

LPP 7.2

LPP 7.15

OE1

OE2

OE3

OE5

OE7

OE8

OE9

OL1

AM13 Increasing the ease of movement for frail and elderly people and peoplewith disabilities in development schemes through (where appropriate): - (i) Dial-a-ride and mobility bus services(ii) Shopmobility schemes(iii) Convenient parking spaces(iv) Design of road, footway, parking and pedestrian and street furniture schemes

Development proposals - assessment of traffic generation, impact on congestionand public transport availability and capacity

Consideration of traffic generated by proposed developments.

Provision of cycle routes, consideration of cyclists' needs in design of highwayimprovement schemes, provision of cycle parking facilities

New development within or on the fringes of conservation areas

New development must harmonise with the existing street scene.

Modernisation and improvement of industrial and business areas

Retention of topographical and landscape features and provision of new plantingand landscaping in development proposals.

Accessible Hillingdon , Local Development Framework, Supplementary PlanningDocument, adopted January 2010

Proposals for industry, warehousing and business development

Development in designated Industrial and Business Areas

Provision of small units in designated Industrial and Business Areas

(2011) Managing Industrial Land & Premises

(2011) Sustainable design and construction

(2011) Innovative energy technologies

(2011) An inclusive environment

(2011) Reducing noise and enhancing soundscapes

Protection of the character and amenities of surrounding properties and the localarea

Assessment of environmental impact of proposed development

Buildings or uses likely to cause noise annoyance - mitigation measures

Siting of noise-sensitive developments

Development in areas likely to flooding - requirement for flood protectionmeasures

Development likely to result in increased flood risk due to additional surface waterrun-off - requirement for attenuation measures

Limitation of development in areas with a potential for sewerage flooding

Green Belt - acceptable open land uses and restrictions on new development

Part 2 Policies:



OL5 Development proposals adjacent to the Green Belt

Not applicable8th January 2014

Advertisement and Site Notice5.

5.1 Advertisement Expiry Date:-

Not applicable5.2 Site Notice Expiry Date:-

6. Consultations

External Consultees

47 adjoining owner/occupiers were notified of the application on 05/12/2013.

Canal Locks Conservation Panel were consulted on 09/01/2013. It is to be noted that the expirydate for this consultation would be 30/01/2013 and any comments provided will be reported tocommittee as part of the addendum.

22 replies were received objecting to the proposal with the following summarised comments:

- Company operates 24/7 - stress and pollution levels over limit- Vehicles cause vibration to my house, also pollution, intrusion 24 hours a day 7 days a week. - Have taken no notice of planning conditions- Get woken up several times a night, so affects my life not being also to get a nights sleep. - VOSA were only interested in the site and not the impact it would have on the surrounding roadsor properties- Currently very high HGV use within Iver area - constant complaint of residents. Volume of trafficcausing high noise pollution and roads and area is not built for such volumes of 24 hours operation.- Roads being damaged and are not safe for children to walk roadside due to the large HGVvehicles travelling on the roads and close to the pavements. - Been voted as the single biggest issue in Iver and residents are complaining and starting to sellup and move on.- Against large lorries using Iver High Street as not built for this traffic. - It would appear residents of Hillingdon can have peace at the expense of those in South Bucks.As Hillingdon is getting the revenue from the West London site maybe they could upgrade thebridge in the opposite direction. In addition there is traffic lights at the top of Iver Lane which wouldhelp in the flow of traffic.- 24/7 working is not acceptable in a residential area - This company moved in during 2012 without planning permission, did not consult LBH on whatthey could and could not do. - Obtaining VOSA licence in no way gives permission to automatically obtain planning permission.- Entrance/exit is now very busy and needs traffic lights to control it. - Survey of the volume of all traffic entering or leaving the site should be carried out, before this appis considered - Other companies are operating on this site without planning permission. - Alternative second entrance/exit should be considered to the rear of the site.- The HGV traffic in Richings Park is already intolerable for the residents on and near North Park,Richings Way and Thorney Lane South and this will add hugely to that burden. The 24/7 operationwill result in disturbance, noise, sleep deprivation, vibration, fumes and considerable stress. All ofwhich will have a serious impact on health and quality of life. The narrow local rural roads were notbuilt for this type and volume of traffic and are causing these to disintegrate. There is also aconsiderable safety concern for pedestrians particularly around the width restrictions.- No further capacity in Iver for more HGV traffic and there is even less tolerance for HGV trafficthat wants to operate around the clock.



Internal Consultees

ENVIRONMENTAL PROTECTION UNIT

The planning permission for this site includes the following condition 'No more than a total of 20traffic movements (in and out) per 24 hour period shall operate from the site', as well as anadditional condition restricting the hours of use to 08.00-18:00 Monday to Saturday. Given therecent appeal by nationwide platforms next door to this site, I would not recommend approval of thevariation. I quote from the appeal decision:

"It is clear that there has been a gradual build up of night-time HGV movements to/from the formerCape Boards site over the past few years. From an industrial estate of the type that includes theappeal site, in the location that it stands and with the sole access for HGVs being via Iver village,some noise impact on residents from passing HGVs will be inevitable and no mitigation measuresare available to NPL to reduce the noise from passing vehicles".

I understand Rhodes Freight's concerns about running a viable business, however the noise levelsexperienced by residents (not in the borough) is excessive. If they wish to increase the number oflorry movements over a given period then they will have to provide a noise survey using BS8233 totake into account the noise residents are exposed to on a 24 hour basis. I may consider an

- Many constituents are already plagued by traffic of all sizes and weights at all times of the dayand night on Iver Lane, Iver High Street, Thorney Lane North and North Park with a brief period ofrespite between say 8pm and 4am. Until HBC sees fit to allow traffic from the old Cape Boards site to turn left out of the site, or indeedinstructs that the land owners make the other exit/egress available then I strongly object to thisapplication.- This is terrifying because our sleeping disruption is affecting our health and not affecting lbhresidents- This is a serious issue that should be dealt with once and for all.- Terrible noise, vibration that regularly wakes local residents.- Intensification of activity by Rhodes will lead to additional movements by companies delivering toRhodes, as explained in the planning statement, in order for loads to be combined. This is aHillingdon site and access should be via Hillingdon roads not through the residential areas of Iver.Rhodes have chosen a site that is unsustainable for their business and should relocate to avoidcompromising their success. - It is not reasonable to take the view that because many HGVs must travel through Iver a few moreovernight will make no difference. SBDC Core Policy 16 relates to securing a reduction in thenumber of HGVs on Iver roads by changes in the use of HGV generating sites. Any gains due toSBDC policies will be negated by uncontrolled development at the former Cape Boards site.Hillingdon must adopt a robust approach to breaches of planning and resist applications for thevariations of conditions that have been applied to protect the rights of residents. Please refuse thisapplication.- Safety aspect, when these vehicles leave/arrive site they use both sides of the carriageway,forcing other drivers to stop and wait or mount the pavement, causing tailback of traffic. - I live in a village that should be quiet and calm not full of freight.

A petition of objection with 135 signatories was received. Reasons for objection were noise,vibration, intrusion and pollution caused by the 24 hour operation. A further related petition ofobjection with 27 signatories was received, signed by persons who live or work within the LondonBorough of Hillingdon.

PROPERTY SHARED SERVICES CENTRE, CANAL & RIVER TRUST:

No comments were received.



7.01

7.02

7.03

7.04

7.05

7.07

7.08

The principle of the development

Density of the proposed development

Impact on archaeology/CAs/LBs or Areas of Special Character

Airport safeguarding

Impact on the green belt

Impact on the character & appearance of the area

Impact on neighbours

The principle of the use of the site has already been accepted in the granting of planningpermission ref. 751/APP/2012/3196. The current application merely seeks to varycondition 8 as described above.

However, it is to be noted that the previous approval 751/APP/2012/3196 included noreference to the reliance of the business on freight coming to and from Heathrow Airport.A Transport Statement, Travel Plan and Design and Access statement were all submittedand no reference was made to any links of the business to Heathrow Airport.

Policy A4 of the Hillingdon Local Plan: Part Two - UDP Saved Policies (November 2012)states new development directly-related to heathrow airport should normally be within itsboundary and will not normally be permitted outside the airport. Development not directlyrelated to the operation of the airport will not be permitted within its boundary. for thepurposes of this policy, directly-related development includes passenger and cargoterminals, maintenance faclities, oil storage depots, administrative offices, warehousing,storage and distribution facilities, car parking and catering facilities.

The Council acknowledge that Heathrow Airport is a 24 hour business. Part of thereasoning behind Policy A4 is to ensure that the residential amenity of occupiers of theBorough are not disturbed by business associated with Heathrow Airport operating atunsociable hours of the day, along with issues such as the prevention of any furtherexpansion of the aiport and sustainability. In the absence of the link of the business to theairport in the original submission, it is not deemed appropriate to use these links as part ofthe current application to allow for a change of use of hours of operation of the site, giventhe Policy objection of using such a site for the operation of a business associated withinHeathrow Airport.

Not relevant to the application.

Refer to section 7.05.

No relevant to the application.

This application relates to an applictaion to vary the hours of operation of the site andwhen vehicles can attend the site, and it is not considered to result in harm to the GreenBelt.


Policy OE1 seeks to reduce as much as possible the adverse impact of noise fromindustrial and trade processes which could include the day to day operation of the site,

increase during the daytime as it does appear that the business wishes to increase it's viability andI do not wish to be completely restrictive to such a site as Cape Boards, given its status as a SIL,however this is subject to further consultation with the planning department.

HIGHWAYS ENGINEER:

No objections on highways grounds as the extension of hours stated do not affect peak hour traffic.

MAIN PLANNING ISSUES7.



7.09

7.10

7.11

7.12

7.13

7.14

7.15

7.16

Living conditions for future occupiers

Traffic impact, Car/cycle parking, pedestrian safety

Urban design, access and security

Disabled access

Provision of affordable & special needs housing

Trees, landscaping and Ecology

Sustainable waste management

Renewable energy / Sustainability

vehicle movements and any other matters that have the potential to cause noise anddisturbance to residents. The nearest residential properties to the site are located in IverLane and Old Mill Lane. It is proposed that HGVs would be leaving the site at any time ofthe day or night. Typically before leaving the site, they will be loaded/unloaded with goodswhich may result in vehicle engines being turned on, vehicle reversing sound and generalnoise associated with the loading and unloading of goods and operation of the business.This together with HGV's entering and exiting the site on Iver Lane past residentialproperties would result in a significant increase in noise and disturbance for localresidents between the hours 18:00 to 08:00. It is considered that the hours of use of thesite as proposed would not be acceptable given the proximity of the residential dwellingsto the site (including residential Canal Boats) and the associated noise generatingactivities within the site and the route the HGV vehicles associated with the site/businesswould take, travelling past noise sensitive residential dwellings on Iver Lane. Objection israised to the operation of the site during unsociable hours.

The above conclusion has been reached bearing in mind the analysis in the submittedPlanning Statement and the report relating to the Traffic Commissioner's Public Inquiry,the neighbour objections and the Council's Environmental Protection Unit's comments.The Appeal relating to application 751/APP/2013/756, which also sought operations at thesite during unsociable hours of the day, which was based on the site to the west was alsoconsidered.

The Appeal Inspector commented:

'It is clear that there has been a gradual build up of night-time HGV movements to/fromthe former Cape Boards site over the past few years. From an industrial estate of the typethat includes the appeal site, in the location that it stands and with the sole access forHGVs being via Iver village, some noise impact on residents from passing HGVs will beinevitable and no mitigation measures are available to NPL to reduce the noise frompassing vehicles'. In this case, no noise mitigation measures have been proposed andindeed it is believed that in relation to the impact of the HGVs passing residentialdwellings, no such mitigation is possible. The noise mitigation measures referred to withinthe Traffic Commissioner's Public Inquiry report relate to mitigation measures within thesite itself.


The extension of hours would not result in unacceptable traffic or parking impacts. TheCouncil's Highways Engineer has not raised any objection to the scheme.








7.17

7.18

7.19

7.20

7.21

7.22

Flooding or Drainage Issues

Noise or Air Quality Issues

Comments on Public Consultations

Planning obligations

Expediency of enforcement action

Other Issues




No further comments required with regards to the public consultation.

Not applicable.

None required

None.

8. Observations of the Borough Solicitor

When making their decision, Members must have regard to all relevant planninglegislation, regulations, guidance, circulars and Council policies. This will enable them tomake an informed decision in respect of an application.

In addition Members should note that the Human Rights Act 1998 (HRA 1998) makes itunlawful for the Council to act incompatibly with Convention rights. Decisions by theCommittee must take account of the HRA 1998. Therefore, Members need to be aware ofthe fact that the HRA 1998 makes the European Convention on Human Rights (theConvention) directly applicable to the actions of public bodies in England and Wales. Thespecific parts of the Convention relevant to planning matters are Article 6 (right to a fairhearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol(protection of property) and Article 14 (prohibition of discrimination).

Article 6 deals with procedural fairness. If normal committee procedures are followed, it isunlikely that this article will be breached.

Article 1 of the First Protocol and Article 8 are not absolute rights and infringements ofthese rights protected under these are allowed in certain defined circumstances, forexample where required by law. However any infringement must be proportionate, whichmeans it must achieve a fair balance between the public interest and the private interestinfringed and must not go beyond what is needed to achieve its objective.

Article 14 states that the rights under the Convention shall be secured withoutdiscrimination on grounds of 'sex, race, colour, language, religion, political or otheropinion, national or social origin, association with a national minority, property, birth orother status'.

9. Observations of the Director of Finance

None received.

10. CONCLUSION

It is considered that, whilst there would be no negative impact on the visual amenities ofthe adjoining Green Belt and Cowley Lock Conservation Area, the proposal would result ina significantly greater and unacceptable impact on the residents of neighbouring



residential properties due to noise disturbance during unsociable hours of the day.Refusal is therefore recommended.

11. Reference Documents

NPPFThe London Plan (2011)Hillingdon Local Plan: Part Two - Saved UDP Policies (November 2012)

Jazz Ghandial 01895 250230Contact Officer: Telephone No:

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Site AddressNotes

For identification purposes only.

Site boundary

This copy has been made by or with

the authority of the Head of Committee Services pursuant to section 47 of the

Copyright, Designs and Patents Act 1988 (the Act).

Unless the Act provides a relevant

exception to copyright.

Former Cape Boards Site

Iver Lane

Central & South

Planning Application Ref:

Planning Committee Date

Scale

1:1,250

LONDON BOROUGH OF HILLINGDON

Residents Services

Civic Centre, Uxbridge, Middx. UB8 1UWTelephone No.: Uxbridge 250111

© Crown copyright and database rights 2013 Ordnance Survey 100019283

751/APP/2013/3549