Adding planning restrictions to an existing site?
Discussion
I live next door to a filling station. It is immediately at the bottom of my garden and the level of the forecourt is 1.2m higher than my garden, so the canopy lights light the garden like a stadium.At present, and ever since I have lived here, the filling station closed at 9pm and peace and darkness reign.
A neighbour pointed out that the owners of the filling station had applied under section 192 to establish that there were no restrictions on opening hours - with the intention to open 24hrs. Obviously the neighbourhood is up in arms (it is surrounded by houses on two sides). But according to the planning department, there is no way to retrospectively apply a restriction to trading hours (it's been a blacksmith, then a proper garage and now a filling station). When permission was granted to change to a filling station back in the 60's no one worked past 5pm so the issue never arose. Now due to the absence of a restriction, Shell are about to make twenty families lives a misery.
Is there any way of getting restrictions imposed?
A neighbour pointed out that the owners of the filling station had applied under section 192 to establish that there were no restrictions on opening hours - with the intention to open 24hrs. Obviously the neighbourhood is up in arms (it is surrounded by houses on two sides). But according to the planning department, there is no way to retrospectively apply a restriction to trading hours (it's been a blacksmith, then a proper garage and now a filling station). When permission was granted to change to a filling station back in the 60's no one worked past 5pm so the issue never arose. Now due to the absence of a restriction, Shell are about to make twenty families lives a misery.
Is there any way of getting restrictions imposed?
You might have a chance to use some of the nuisance laws but if the site owners are just applying for a confirmation of their existing rights I don't think any extra restrictions can be added by the planning dept.
There have been a number of cases where circuits have been restricted in expanding their opening hours based on typical historic use of the property rather than any specific restrictions on permission, the same principle may apply here.
There have been a number of cases where circuits have been restricted in expanding their opening hours based on typical historic use of the property rather than any specific restrictions on permission, the same principle may apply here.
Maybe the solution is to hire a pipe lying mole, send it undereath their forecourt into the storage tanks, then set up your own pump. Free petrol
On a more practical note I am not sure there is anything you can do. Certainly our local Tesco got planning consent on the basis that the DIY store that was there before had a consent for non-food. However it had been selling sweets in contravention of that condition. It hadn't been enforced therefore Tesco applied for a Certificate of Lawful Use!
If you cannot restrict the hours through planning I would be inclined to write to the Chairman of Shell or similar expressing your views and requesting that he takes steps to ensure any intensification of use of the site is limited. It's better to fight a fight you have a chance of winning that one you have no chance so a voluntary agreement might work better. On the same vein might be worth doing some investigation work into lighting types. Seeing if there is low level lighting available that will light their forecourt but not overspill. Its not ideal but is something that the top guys at the company might be prepared to authorise if it gets you to go silent!
Also get advice on their rights under the Party Wall Act. Might be better to create a new thread. ie how can you cause them maximum inconvienence
On a more practical note I am not sure there is anything you can do. Certainly our local Tesco got planning consent on the basis that the DIY store that was there before had a consent for non-food. However it had been selling sweets in contravention of that condition. It hadn't been enforced therefore Tesco applied for a Certificate of Lawful Use!
If you cannot restrict the hours through planning I would be inclined to write to the Chairman of Shell or similar expressing your views and requesting that he takes steps to ensure any intensification of use of the site is limited. It's better to fight a fight you have a chance of winning that one you have no chance so a voluntary agreement might work better. On the same vein might be worth doing some investigation work into lighting types. Seeing if there is low level lighting available that will light their forecourt but not overspill. Its not ideal but is something that the top guys at the company might be prepared to authorise if it gets you to go silent!
Also get advice on their rights under the Party Wall Act. Might be better to create a new thread. ie how can you cause them maximum inconvienence
The most fruitful route will be a two-pronged approach to the Council via your councillor (as you have done) and also direct to the planning department. You need to push to get the opening hours included on the Section 192. The Party Wall Act is really a non-starter unless your plan is just to be annoying so focus on the Lawful Use application and bring in your concerns over noise and light pollution.
Be weary that you may not get universal support from those neighbours who are not immediately adjacent as some may see late opening hours as being beneficial. Be also weary that the PFS operator may have a very strong argument based on viability and employment benefits to justify the need for longer opening hours.
Be weary that you may not get universal support from those neighbours who are not immediately adjacent as some may see late opening hours as being beneficial. Be also weary that the PFS operator may have a very strong argument based on viability and employment benefits to justify the need for longer opening hours.
Is there no combination of fencing and lighting design that can reduce or eliminate some of the light pollution? Some of your neighbours may prefer the illumination rather than a large fence blocking out the light during the day? Taking a pragmatic approach with Shell may yield a better result than progressing solely into a dispute with them.
I shall ignore your heresy regarding the use of Optimax on this occasion but will advise you against the use of lesser fuels lest you feature in the council thread
I shall ignore your heresy regarding the use of Optimax on this occasion but will advise you against the use of lesser fuels lest you feature in the council thread
The Surveyor said:
The most fruitful route will be a two-pronged approach to the Council via your councillor (as you have done) and also direct to the planning department. You need to push to get the opening hours included on the Section 192. The Party Wall Act is really a non-starter unless your plan is just to be annoying so focus on the Lawful Use application and bring in your concerns over noise and light pollution.
So there is an opportunity to get opening hours included on a section 192? From what I had gathered, the section 192 just confirmed what restrictions were in place without the opportunity to challenge them...The Surveyor said:
Be also weary that the PFS operator may have a very strong argument based on viability and employment benefits to justify the need for longer opening hours.
The larger petrol station with a proper Co-Op attached to it less than 300m away used to trade 24 hrs, but recently stopped as it wasn't commercially viable. We have other 24hr garages 7 miles west and 10 miles east, so there is hardly a need...My understanding is that the Section 192 certificate can include conditions based upon the type of use and how the premises can be used going forward. It is not just a statement giving them freedom to carry on regardless.
Speak to the Planning Officer and explain your concerns about opening hours and light pollution. Also, until you have spoken to the planner you can only speculate as to why they are seeking a 192 at this time. For example, if there is no current restriction on opening hours, what are they seeking to achieve?
Speak to the Planning Officer and explain your concerns about opening hours and light pollution. Also, until you have spoken to the planner you can only speculate as to why they are seeking a 192 at this time. For example, if there is no current restriction on opening hours, what are they seeking to achieve?
I'd also recommend getting in touch with a decent planning consultant. They should be able to offer some advice on the possibility of adding restrictions via the S192 application, for free or very little fee.
It's often worth speaking to the private consultancies as well as the officers as I've known of enough occasions where officers need reminding of what they are/aren't able to do.
It's often worth speaking to the private consultancies as well as the officers as I've known of enough occasions where officers need reminding of what they are/aren't able to do.
Aerate said:
Unfortunately, they are planning to do some work to the site which involves coming into my garden and chopping down the trees under the Party Wall Act.
Not happy.
Won't be buying any Optimax again
part wall act ??Not happy.
Won't be buying any Optimax again
they can cut up to the boundary both roots and branches but not beyond without permission subject to conservation area and tpo
never had anything to do with trees and the party wall act
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