Agenda item


Full Planning Permission


Change of use from B2 to Sui Generis (Auction House)


Warth Park, Unit 4, Sea Lane, Butterwick, Boston, PE22 0EY


Change of use from B2 to Sui Generis (Auction House)   

Warth Park, Unit 4, Sea Lane, Butterwick, Boston PE22 0EY

Mr David Smith, Pilgrim Auctions


The Planning Office presented the report confirming it had been called to committee by the former Councillor Judith Welbourn for the following reasons:

§    Policy 30 – impact of noise on the residents located to the west of the application site; and

§    Policy 36 – Concerns regarding parking and highway safety.


The application site was unit No.4 of Warth Park, Sea Lane, Butterwick. It consisted of a small section of an existing building on the western boundary of the site and an area for car parking to the north of the site which would provide access onto Watery Lane.   There were residential properties within the immediate proximity of the site along the surrounding highway network. Unit 3 formed part of the same building and was a vehicle repair and MOT test centre and a parcel of land to the north was currently used for the storage of caravans.    The current use class of the site (unit 4) was B2 and it was proposed to change the use of unit 4 to Sui Generis to provide an Auction House.

This application was solely for a change of use and no internal or external building works were proposed.

The proposed hours of opening were 8:00 to 18:00 Monday to Saturday and closed on Sunday and Bank Holidays, which included for collections and deliveries.


Representation was received from Mr. Anthony Channing in objection to the application which included:


Confirming he had resided in Butterwick for seven years Mr. Channing advised his residency was directly opposite the application site.  He noted that the initial business on the site had caused little noise disruption; the second business which was a Fiberglass Co had caused some issues which had been resolved quickly but the current business owned by Mr. Smith had increased in noise disturbance.  There was a lot of parking all over Sea Lane and across the verges but Mr. Smith had put cones out to stop parking and to keep his driveway clear.  On the day of the auction the noise from the outside part of the auction could be heard indoors by Mr. Channing who advised it was only one day a week and for about an hour and a half.  Further concerns were voiced in respect of the number of people at the outside auction who spilled onto the road and Mr. Channing suggested moving the outdoor auction to a site inside the industrial estate.  He voiced further concern as tractors and HGV’s travelled along the road and the parking issues included parking on Upsall Road resulting in residents not getting their own parking spaces.  Referencing existing planning rules Mr. Channing stated he understood that Mr. Smith had breached them by being on the site on a Sunday at 1130 when we was seen unloading a vehicle.  The following day which had been a bank holiday Mr. Smith had been seen once more at the site with his own van and another van alongside, again unloading goods, raising concern that if he was breaching rules already what was there in place to stop him breaching more in the future and creating more auctions and traffic and noise disturbance.


At this point in the proceedings members tabled questions in respect of the representation made by Mr. Channing who provided the following response:


On asking how long the outdoor auctions lasted Mr. Channing advised approximately an hour maybe more.

In response to the a question seeking the duration of the applicants attendance at the site on the Sunday and Monday Mr. Channing confirmed that he had noted him on site on the Sunday at 1130 and had noted his departure on the Monday at 1.30.  He stressed he did not keep an account of the times Mr. Smith was in attendance.



Representation was received from Mr. David Smith the applicant which included:


Confirming he would address some of the comments made Mr. Smith confirmed that the auctions were held on a Wednesday.  The car park was only opened on a Wednesday from 08.00 am as they opened for viewing from 08.30 and started at 1000 with the outdoor auction where all the goods were laid out on land he owned. 

Mr. Smith advised he only used his own voice when conducting the outside auction, he did not use any public address system which he had considered but rejected as he knew it would impact on the neighbours.  He stated he was surprised the objector could hear whilst in his own home as the house was across a main road, around fifteen yards further on over land and with double glazing.  Once the outdoor auction had ceased then the remainder was carried out indoors until around 2.30 / 3.30 dependent on the number of goods.

Referencing the comment in respect of parking on Upsell road members were asked to note that there were no parking restrictions or double yellow lines along that road and that he could not be held responsible for where customers parked.

Mr. Smith confirmed had been in attendance on the Sunday as that was when he undertook repairs and paperwork and the additional van had been unloading on the bank holiday as the driver had been doing him a favour in just dropping off some tables.  Normal delivery times were Monday and Tuesday with collection days being Thursday and Friday.  Addressing the suggestion to move the business into the inside of the site Mr. Smith stated if he did so he would then lose the car parking facility which would then result in increased issues of parking and it was his opinion it was best to accommodate the cars within the site for all concerned.


At this point in the proceedings members tabled questions in respect of the representation made by Mr. Smith who provided the following response:


Referencing the number of customers at the auctions Mr. Smith confirmed that there could be up to 50 people and the number decreased throughout the day.  The car park had accommodated up to 30 cars and in respect of noise, the neighbours next door to Mr. Channing had stated they could hear no noise from the outdoor auction.


Clarifying the current positon the Assistant Director – Planning and Strategic Infrastructure confirmed that the applicant currently operated without conditions which was why the reporting officer had included the various conditions within the report to ensure that guidance and rules were in place. The applicant had raised no objection to the conditions.  Members were also advised that in line with the concerns raised, committee may wish to impose two further conditions, one in respect of any public address system and a second to condition in respect of the opening hours of the car park.


Brief committee comment followed which included the following:


A member commended Mr. Channing in being so respectful in how he conducted himself during his representation.  Whilst appreciating that it may be possible to hear someone across the road with windows open, members note that the objector had purchased a house opposite an industrial site and industry needed to be supported. 


It was moved by Councillor Alison Austin and seconded by Councillor Anne Dorrian that the application be granted in line with officer recommendation subject to the conditions and reasons therein and agree a delegation to officer to produce the two additional conditions relating to restrictions on the use of any public address system during the outdoor auction and the opening of the car park area throughout the time the business is open..

In Favour:    12                   Against:   0                 Abstentions:   0




That the committee grant the application in line with officer recommendation subject to the conditions, reasons and informatives below and the additional two conditions in respect of public address systems and car parking opening hours.



1.    The development hereby permitted shall only be undertaken in accordance with the following approved plans;

§  Drawing No. RFW/050123/01 Location Plan

§  Drawing No. RFW/050123/01 Butterwick Block Plan

Reason: To ensure that the development is undertaken in accordance with the approved details, in the interests of residential amenity and to comply with Policies 2, 3, 7 and 30 of the South East Lincolnshire Local Plan, 2019.

2.    The use hereby permitted shall not be open to customers or for collections or deliveries, except between the hours of 8:00 to 18:00 Monday to Saturday and at no times on a Sunday or bank holidays.

Reason: In the interests of the amenity of local resident in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019.


3.    Within 3 months of the date of this permission, details of improvements to the existing vehicle access crossing to Watery Lane shall be submitted to and approved in writing by the Local Planning Authority. The approved access shall be implemented within 3 months of the details being approved and retained in perpetuity.

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site in accordance with Policy 2 of the South East Lincolnshire Local Plan 2019.




1.   The permitted development requires the formation of a new/amended vehicular access. These works will require approval from the Highway Authority in accordance with Section 184 of the Highways Act. Any traffic management required to undertake works within the highway will be subject to agreement. The access must be constructed in accordance with a current specification issued by the Highway Authority. Any requirement to relocate existing apparatus, underground services, or street furniture because of the installation of an access will be the responsibility, and cost, of the applicant and must be agreed prior to a vehicle access application. The application form, costs and guidance documentation can be found on our website, accessible via the following link:

2.   Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782070 to discuss any proposed statutory utility connections, Section 50 licences and any other works which will be required within the public highway in association with the development permitted under this Consent. This will enable Lincolnshire County Council to assist in the coordination and timings of these works. For further guidance please visit our website via the following link: Traffic Management -



Supporting documents: