Garden nursery and storage at Land At Clay Lane Nurseries Clay Lane/Thorley Lane, Timperley

“Application for change of use of land from Garden Nursery to a mixed use of Garden Nursery, builder's storage and scaffolding storage (sui generis), with associated 5 no. shipping container storage units.”

“The site refers to an L-shaped plot, to the east of Thorley Lane that has historically been used for a Garden Nursery. It includes two glasshouse buildings, a polytunnel and 5no shipping containers. Roughly half of the plot is open hardstanding/low level shrubs.”

“The application site is located on the east side of Thorley Lane and historically has been used as a garden nursery. Approximately half the site is open land, and the other built form, consisting of two large, detached glasshouses, a polytunnel structure and 5 storage containers.”

“The site has previous been used for airport car parking, however an application for this as a permanent use of the site was refused, and an appeal dismissed in July 2020. An enforcement notice was then served to cease the airport car parking use by March 2021. This use has now ceased.”

“Noise/disturbance regarding the builder’s storage is not considered to be materially different in profile of the garden nursery use. The proposed area for this use this is also set away from the residential property. However, the scaffolding storage use is sited closer to the residential property and is considered to have a more unique profile.”

“In conclusion, it’s considered that the proposed mix of uses on site would not result in undue harm to residential amenity, subject to the conditions proposed. The proposed storage uses in addition to the established and lawful garden nursery use are considered to have similar characteristics that would not result in a level in intensification of site use that would result in an unacceptable impact on residential amenity and therefore the proposed is considered compliant…”

“Local Highways Agency - No objections on highway grounds to the proposals.”

“Environmental Protection (Nuisance) – Recommends hours of use for the builders store/scaffolding element between 08.00 and 16.00 (referencing the submitted documents), Monday to Friday, and submission of a noise management plan. REPRESENTATIONS”

“An objection has been received from the occupants of 2 Clay Lane. The below is a summary of the points raised: - Noise of scaffolding being loaded/unloaded causes disturbance. - Single track access not suitable for commercial use. - Have to wait/reverse to access/egress from home as now passing place on track. - Trucks turning on drive causes damage to driveway paving.”

“Further to this, an objection and call-in request has been received from Cllr Evans and Butt. The below is a summary of the points raised: - Inappropriate to reference previous unauthorised use as a car park. - This application appears to attempt to circumvent the previous refusals/enforcement notices. - Inaccuracies in relation to previous uses of the site.”

“It was moved and seconded that determination of the application be deferred.”

“The motion was put to the vote and declared lost.”

“RESOLVED: That planning permission be granted subject to the conditions now determined with an amendment to condition 4 as follows:-”

“(4) The areas for scaffolding storage as shown on CFI2516_PL03A shall only be accessed between the hours of 08:00-18:00 Monday-Friday, 08:00-16:00 Saturdays and Sundays, and no use on Bank Holidays.”