Agenda for Planning Committee on Monday 24th August 2020, 6.00 p.m.

Agenda and minutes

Virtual Skype Meeting, Planning Committee - Monday 24th August 2020 6.00 p.m.

Contact: Pauline Ross 

No. Item


To receive apologies for absence and notification of substitutes


Apologies for absence were received from Councillor S. G. Hession and Councillor R. J. Deeming.  Councillor H. Jones was in attendance as substitute for Councillor S. G. Hession.


It was noted that Councillor R. J. Deeming initially gave his apologies due to technical issues.  However, these were resolved and Councillor Deeming joined the meeting for Agenda Items 5 and 6.


Declarations of Interest

To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.


Councillor P. M. McDonald declared in relation to Agenda Item 5 (Minute No 24/20), that he had a predetermined view on the matter and would be speaking on this item as Ward Councillor under the Council’s public speaking rules.


Minutes pdf icon PDF 206 KB


The Minutes of the Planning Committee meeting held on 3rd August 2020, were received.


RESOLVED that the minutes of the Planning Committee meeting held on 3rd August 2020, be approved as a correct record.


Updates to planning applications reported at the meeting (to be circulated prior to the start of the meeting) pdf icon PDF 93 KB


The Vice-Chairman announced that Updates had been circulated to all Planning Committee Members, however, the Committee Update was not circulated until late afternoon, therefore not all Planning Committee Members may have had the opportunity to read the Committee Update report.  It was agreed by Members that officers would cover the contents of the Committee Update report during the officer presentation.


20/00479/FUL - Proposed Change of Use from B1 to B8 with detached cold storage building to rear and erection of three metre high timber fence panels to outer perimeter of private service road to, and enclosing rear yard/parking area - 30 The Avenue, Rubery, Birmingham, Worcestershire, B45 9AL - Adam Food Services Limited pdf icon PDF 248 KB

Additional documents:


Officers presented the report and explained that planning permission was being sought for the proposed change of Use from B1 to B8 with detached cold storage building to the rear and the erection of three metre high timber fence panels to the outer perimeter of the private service road, to and enclosing the rear yard/parking area.


Officers provided a detailed presentation of the application.


At the request of the Committee, officers provided details of the Committee Update.  The applicant had made a correction to the proposed hours of working.  The applicant had explained that there had been an error in the completion of their application and that the they were not seeking to work on Sundays / Bank Holidays.


Officers further informed Members of the revised Recommendation detailed in the Update report.


Further representations had been received making allegations of working outside the hours proposed in the application, for example deliveries being made as early as 6:30am.


In response to the applicant’s error in completing the application form removing Sunday/Bank Holiday working from the proposal, the officer’s substantive view was that the application should be still be refused.


At the invitation of the Chairman, Mrs. J. Horton and Ms. K. Knight, addressed the Committee in objection to the Application.  Mr. M. Nathan, the Applicant’s Agent and Mr. W. Muhammed, the Applicant addressed the Committee.  Councillor P. M. McDonald, in whose Ward the Site was located also addressed the Committee in objection to the application.


In response to questions from Members with regard to noise complaints, Mr. S. Williams, Worcestershire Regulatory Services (WRS) informed Members that WRS had received a number of complaints regarding noise nuisance, the last complaint received was on 20th August 2020, in respect of the number and frequency of HGV vehicles arriving per hour at the premises.  No enforcement action had been taken in respect of noise complaints.


Officers responded to further questions from Members regarding noise mitigation measure in order to limit the amount of noise from the premises and in doing so clarified that; as detailed in the Sanctuary Acoustics report:


·       An acoustic fence would mitigate noise; however, the application did not detail the acoustic specification of the fence proposed.

·       The refrigeration unit fans were fixed hallway up to the cold store wall.  Noise would be reduced, for residents in that vicinity, if the fans were fitted lower towards ground level.

·       Noise from forklift trucks, when reversing, could be mitigated if white noise reversing beepers were fitted, as these were less intrusive.


In response to Members, Mr. S. Williams, WRS, explained the standard regulatory requirements for acoustic fencing.  


Some Members commented that the application presented a bit of a quandary, as there was a need to encourage economic development in the district.  The business was a successful business, but possibly in the wrong area now.  Mr. S. Williams, WRS had confirmed that no noise complaints had been upheld.


Members questioned what benefits would be achieved by putting in mitigation measures.  On balance, some Members were  ...  view the full minutes text for item 24/20