Trading hours variation at Wilberforce Way, Southwater, Horsham

What was proposed

The application sought to vary Condition 20, extending weekday and Saturday operating hours while retaining closure on Sundays and public holidays.

“The application seeks to vary Condition 20 (Hours of operation) of planning permission DC/18/2506, which was for the erection of an employment building for use classes B1(c) and B8, with associated access, car parking and landscaping. The applicant originally sought to remove condition 20, however, the applicants have since clarified that they are seeking the variation of this condition.”

“Furthermore, within these permitted hours, no external plant shall be utilised at the site between the hours of: - 0600 hours and 0700 hours Mondays to Fridays inclusive; - 1800 hours and 2000 hours Mondays to Fridays inclusive; - 1600 hours and 1800 hours on Saturdays; And not at any time on Sundays, Bank or Public Holidays.”

Officer report

Earlier permissions and enforcement

The employment building was permitted in 2019, and four enforcement cases concerning working hours or lighting were closed without further action.

“EN/22/0086 - External lighting and working hours – lighting was found to be installed in accordance with the approved plans under reference DC/18/2506 - Closed 14/07/2022.”

“EN/24/0103 – Working Hours – Closed 25/07/24. The Council’s Enforcement Team followed up complaints received, but found no significant breach had occurred and is has not been considered expedient to take Enforcement Action.”

Officer report

What officers recommended

Officers recommended approval because the amended hours were considered unlikely to cause unacceptable neighbour impacts, while conditions would address water neutrality and external plant.

“Conclusions and Planning Balance: Based on the assessment above officers are satisfied that the proposed amended hours of operation would not give rise to any unacceptable loss of neighbour amenity, either from noise or light. Whilst concerns have been raised regarding extending hours of working, the proposed condition wording to restrict the use of external plant is considered to help address this.”

“The proposal would result in an increase in overall water consumption which have been quantified by officers. This increase is capable of being offset within the SNWCS. Subject to a Grampian condition the proposal will achieve water neutrality.”

Officer report

Residents' views

Most representations opposed longer hours because of noise, disturbance, light, alleged previous non-compliance and concern about future 24-hour operations.

“The noise and disturbance over any period is challenging but to even consider extending the hours and days to those shown is untenable and also goes against what we as residents were promised many years ago. • Not only will it destroy the small window of respite we currently have but would also be setting a vastly unsavoury precedent - something we would continue to strongly object to. • Do not consider the existing working hours "unreasonably" restrictive.”

“The goalposts will be moved until they have 24/7 operations. • If this application is approved it would set a precedent for all other commercial operations on the business park to submit similar applications. • When this company took over these premises they would of known the hours of work, if they wanted longer hours they should be looking at different business parks which allow this.”

Officer report

Who spoke

Two members of the public spoke in support, while the parish council and the ward member spoke against the proposal.

Members' discussion

Members considered the effect of longer hours on nearby residents and recognised the business’s operational needs.

“Members noted the planning history of the application.”

“Members discussed the potential impacts of the proposed extended hours on nearby residents, however acknowledged the operational needs of the business.”

Minutes

The committee vote

Members proposed and seconded amended weekday hours, and the motion was carried.

“A motion was proposed and seconded to amend Condition 20 to read as follows:”

“The premises hereby permitted shall not be open for trade or business (including the receipt and/or dispatch of deliveries, and/or the operation of vehicles, plant/machinery) except between the hours of 07:00 to 20:00 Mondays to Fridays; 07:00 to 13:00 on Saturdays; nor at any time on Sundays, Bank or Public Holidays’.”

Minutes