Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision Site visit made on 3 June 2024 by J Pearce MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 02 August 2024 Appeal Ref: APP/L2250/W/23/3333526 Palmarsh Garage, Dymchurch Road, Hythe, Kent CT21 4ND • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Vocaj against Folkestone and Hythe District Council. • The application Ref is 23/0690/FH. • The development proposed is the installation of canopies to provide hand car wash and valeting service including staff office and customer facilities. Decision 1. The appeal is allowed, and planning permission is granted the installation of canopies to provide hand car wash and valeting service including staff office and customer facilities at Palmarsh Garage, Dymchurch Road, Hythe, Kent CT21 4ND in accordance with the terms of the application, Ref 23/0690/FH, subject to the conditions in the attached Schedule. Preliminary Matters 2. The appeal is made against a failure to give notice within the prescribed period of a decision on an application for planning permission.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision However, the Council have provided an officer report that confirms that they would have approved the planning application subject to conditions, had the appeal against the non- determination of the planning application not been made. 3. From the evidence before me, there are no substantive grounds of dispute between the appellant and the Council. However, there are concerns from interested parties and I have assessed the appeal on the apparent issues at hand. These form the main issues to be considered in this appeal. 4. The revised National Planning Policy Framework (the Framework) was published in December 2023. However, the changes to national policy arising from it do not materially affect my consideration of the issues before me in this appeal. Accordingly, I have not sought comments from the main parties about this matter. Main Issues 5. The main issues relevant to this appeal are the effect of the proposed development on: • highway safety; and • the living conditions of occupants of surrounding properties, with particular regard to noise and disturbance. https://www.gov.uk/planning-inspectorate

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3333526 Reasons Highway safety 6. The appeal site is adjacent to an existing petrol station, which includes a small retail unit and a MOT garage within the main building. The access from Dymchurch Road (the A259) is shared with the petrol station and leads to a large area to the rear of the main building. The forecourt has two lanes with four pairs of pumps to the centre. A further access is located on the other side of the petrol station forecourt. 7. The proposal seeks to change the use of the site to the rear of the main building to a car wash and valeting service. The proposal would lead to an increase in the number of vehicles using the existing access. However, there is no substantive evidence before me to indicate that there is insufficient capacity on the A259 to accommodate the additional vehicle movements. The site would accommodate vehicles queuing to enter the car wash, including within the area to the rear of the main building, thereby reducing the potential for vehicles to queue on the A259. 8. Vehicles would enter the site from one of the existing accesses and would exit via the other access through the petrol station forecourt.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision The exit route would be through the lane between the retail element and three sets of pumps. Whilst this lane is narrow vehicles could exit via the other wider lane to the front of the site. There would be adequate visibility to ensure safe exit of the car wash in the event that vehicles are queuing to access the fuel pumps. Given the capacity of the site to accommodate waiting vehicles and the space to the front of the petrol station, the proposal would be unlikely to result in significant conflict between vehicles entering the petrol station and exiting the proposed car wash. 9. I conclude that the proposal would have an acceptable effect on highway safety. The development therefore accords with the Framework, which seeks to ensure that safe and suitable access to the site can be achieved for all users. Living conditions 10. The site is detached from residential properties, the nearest of which are located beyond the Coastal Path to one side of the site. The Coastal Path and the site are separated by an area of planting, which screens the site from the neighbouring properties. A large residential development is located beyond an area of grassland, which includes a mixture of trees and shrubs. 11.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision The proposal would generate noise through the use of the jet washing equipment and the vehicle movements within the site. The effect of the noise generated on the nearest residential properties would be limited given their separation from the site. Moreover, the effect would be further restricted by the intervening features to the side of the site, including the boundary vegetation. 12. Furthermore, the noise generated would be heard within the context of the background noise of the A259 to the front of the site. The proposed hours of operation, which could be secured by a condition, would ensure that the living conditions of neighbouring residents would be further safeguarded, particularly during unsociable hours. https://www.gov.uk/planning-inspectorate 2

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3333526 13. I conclude that the proposal would have an acceptable effect on the living conditions of occupants of neighbouring properties. The development therefore accords with Policy HB1 of the Places and Policies Local Plan, which requires proposals to not lead to an adverse impact on the amenity of neighbours and the Framework, which requires a high standard of amenity for existing and future users. Other Matters 14. The proposal would reuse an underutilised part of the site and would result in the creation of further employment at the site. Furthermore, the proposal would complement the other uses at the site, including the MOT garage and petrol station to the front. 15. The development would replace the existing outbuildings and structures to the rear of the main building. While the rear of the site is discreet and has a limited visual effect on its surroundings, the canopies and associated works would improve the appearance of the site. 16. Concerns have been raised that the proposed use would result in pollution due to the use of chemicals within the process.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision The appellant states that environmentally friendly products would be used, including non-irritant and no- polluting shampoo and cleaning products. Nonetheless, the management of run-off from the car wash can be secured by a condition. 17. The proposal would result in the removal of some vegetation, but the site is largely associated with the garage and petrol station. Nevertheless, in order to enhance biodiversity at the site, a plan detailing biodiversity enhancement can be secured by a condition. 18. The representations indicate that there are other car washes in the settlement and that a further car wash is unnecessary. There is no substantive evidence to indicate that there is a saturation of such uses in the locality, and that there is no capacity for an additional car wash. I have also not been directed to a policy that limits the provision of such facilities. Conditions 19. In addition to the standard time limit condition, I have imposed conditions requiring that the development is carried out in accordance with the approved plans and that the materials used are as stated in the application submission. This is in the interests of certainty and to maintain the character of the area. 20.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision A condition requiring the submission of construction ecological management arrangements is necessary in order to ensure that the biodiversity and environment of the area is safeguarded during construction. I have adjusted the wording suggested by the Council in order to improve precision and to remove references to items covered by other legislation or where insufficient justification has been provided. 21. A condition to control run off and pollutants from the car wash is required to ensure the development does not increase flood risk on or off site and to protect the local environment. 22. As these conditions would affect the early stages of construction, the conditions would need to be discharged prior to the commencement of the development. https://www.gov.uk/planning-inspectorate 3

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3333526 23. In order to deliver biodiversity enhancements, a condition is included requiring the submission of a biodiversity enhancement plan. To safeguard the living conditions of the occupants of neighbouring residential properties with respect to noise and disturbance, a condition is included to limit the hours of operation. Conclusion 24. The proposal would accord with the development plan as a whole. Material considerations do not indicate that a decision should be made otherwise than in accordance with it. For the reasons given above the appeal should be allowed.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — J Pearce INSPECTOR https://www.gov.uk/planning-inspectorate 4

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — J Pearce INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/L2250/W/23/3333526 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 150-P-010 Rev P1, 150-P-050 Rev P2 and 150-P-060 Rev P2. 3) Prior to commencement of the development hereby permitted (including site clearance), a construction environment management plan (CEMP) will be submitted to and approved in writing by the local planning authority. The CEMP shall include: • Identification of ‘biodiversity protection zones’; • A Precautionary Works Method Statement which details practical measures and timing schedule (both physical measures and sensitive working practises) to avoid or reduce impacts on protected/priority habitats and species, including coastal vegetated shingle, breeding birds, roosting bats, great crested newts and reptiles; • The times during construction when specialist ecologists need to be present on site to oversee works; • Procedure should a protected species be found on site; and • The role and responsibilities on site of an ecological clerk of works.

Palmarsh Garage, Dymchurch Road, Hythe, CT21 4ND — Folkestone and Hythe District Council — J Pearce The approved CEMP will be adhered to and implemented throughout the construction period in accordance with the approved details. 4) The external surfaces used in the construction of the development hereby permitted shall be as specified in the application form. 5) Prior to commencement of the development hereby permitted, full details of the method of disposal of foul and surface waters shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to first use of the development hereby permitted and retained thereafter. 6) No development above ground level shall take place until a biodiversity enhancement plan has been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to first use of the development hereby permitted and retained thereafter. 7) The development hereby permitted shall not be open to the public on any Sunday or Bank and Public Holidays, or any other day except between the following times: Mondays to Saturdays: 0800 to 1900 Sundays: 1000 – 1700 End of Schedule https://www.gov.uk/planning-inspectorate 5