Agenda and minutes

Planning and Rights of Way Panel (Prior to 13.05.2014) - Tuesday, 20th July, 2010 9.30 am

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Sue Lawrence- Democratic Support Officer  023 8083 3569

Items
No. Item

16.

Minutes of the Previous Meeting (Including Matters Arising) pdf icon PDF 102 KB

To approve and sign as a correct record the Minutes of the meeting held on 22nd June 2010 and to deal with any matters arising, attached.

 

Minutes:

RESOLVED that the Minutes of the meeting held on 22nd June 2010 be approved and signed as a correct record.

 

17.

Consideration of Planning Applications

Minutes:

Copy of all reports circulated with the agenda and appended to the signed minutes.

18.

195 - 207 Coxford Road, Southampton, SO16 5JY pdf icon PDF 406 KB

Report of the Head of Planning and Sustainability recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Re-development of the site.  Erection of three buildings of 3, 4 and 5-storeys to provide 65 flats (22 x one-bedroom and 43 x two-bedroom) with associated access and parking.

 

Mr Dunne (Applicant) was present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE AMENDED OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS CARRIED

 

RECORDED VOTE:

FOR:  Councillors Fitzhenry, Jones and Osmond

AGAINST:  Councillors Mead and Slade

ABSTAINED:  Councillor Thomas

 

RESOLVED

 

(i)  that authority be delegated to the Head of Planning and Sustainability  to grant conditional planning approval subject to:-

a.  the conditions in the report and the amended conditions set out below;

b.  the applicant entering into a Section 106 Legal Agreement to secure:

1.  the developer submitting a scheme of works for highway improvements in the vicinity of the site to be undertaken by the developer under a s278 agreement in line with  Policy SDP4 of the City of Southampton Local Plan Review (March 2006). Policies CS18 and CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

2.  a financial contribution towards strategic transport projects for highway network improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

3.  financial contributions towards the relevant elements of public open space required by the development in line with polices CLT5, CLT6 of the City of Southampton Local Plan Review (March 2006), Policy CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

·  Amenity Open Space (“open space”)

·  Play Space

·  Playing Field;

4.  14 units of Affordable Housing to be provided on site plus a financial contribution equivalent to 2 units subject to completion of Block A within 24 months of the date of this consent or 23 units of Affordable Housing to be provided on site should Block A not be completed within 24 months of the date of this consent in accordance with Policy CS15;

5.  submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer.

6.  the provision of Public Art

7.  residents of the development not to be eligible for parking permits.

8.  the developer entering into an Employment and Training Management Plan;

9.  Block B to be constructed to ‘shell and core finish’ within 2 years of the date of permission and Block C to be completed to shell and core finish within 3 years of the date of permission; and

(ii)  that the Head of Planning and Sustainability be authorised to refuse permission should the Section 106 Agreement not be completed by 26th July 2010, on the grounds of failure to secure the provisions of the Section 106 Agreement.

 

Amended Conditions:

 

4 - Code for Sustainable Homes

Written documentary evidence demonstrating that Block A on  ...  view the full minutes text for item 18.

19.

50-52 Bevois Valley Road, Southampton pdf icon PDF 480 KB

Report of the Head of Planning and Sustainability recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Demolition of part of the two storey building and the rear warehouse building. Erection of a new two storey building and conversion of existing first floor to provide a total of 13 studio flats for students (Outline application seeking approval for access, layout, appearance and scale at this stage) with change of use of the ground floor to a shop, restaurant or hot food take-away (Class A1, A3 or A5) with replacement roller shutter - Description amended following validation to include shutter.

 

Mr Wiles (Agent) was present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO DELEGATE AUTHORITY TO THE HEAD OF PLANNING AND SUSTAINABILITY TO GRANT CONDITIONAL  PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS CARRIED UNANIMOUSLY

 

RESOLVED

 

(i)  that authority be delegated to the Head of Planning and Sustainability  to grant conditional planning approval subject to:-

a)  the conditions in the report and the amended condition below;

b)  the applicant entering into a Section 106 Legal Agreement to secure:

1.  financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site in line with Policy SDP4 of the City of Southampton Local Plan Review (March 2006), policies CS18 and CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

2.  a financial contribution towards strategic transport projects for highway network improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

3.  financial contributions towards the relevant elements of public open space required by the development in line with polices CLT5, CLT6 of the City of Southampton Local Plan Review (March 2006), Policy CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended):

·  Amenity Open Space (“open space”)

·  Playing Field;

4.  in lieu of an affordable housing contribution an undertaking by the developer that only students in full time education be permitted to occupy the studio flats;

5.  submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer;

6.  parking permits for the nearby resident parking zones shall not be granted to occupiers of this car free scheme; and

(ii)  that the Head of Planning and Sustainability be authorised to refuse permission should the Section 106 Agreement not be completed by 3rd August 2010 on the grounds of failure to secure the provisions of the Section 106 Agreement.

 

Amended Conditions

 

16 - Code for Sustainable Homes/ BREEAM Standards

Written documentary evidence demonstrating that the development will achieve at minimum Level 3 of the Code for Sustainable Homes or at minimum a rating of Very Good against the BREEAM standard shall be submitted to the Local Planning Authority and verified in writing prior to the first occupation of the development hereby granted, unless an otherwise agreed timeframe  ...  view the full minutes text for item 19.

20.

16 Bassett Heath Avenue, Southampton - 10/00059/Ful pdf icon PDF 368 KB

Report of the Head of Planning and Sustainability recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Conversion of existing house in multiple occupation (HMO) for 8 people into 7 x 1-bed flats with associated parking and cycle/refuse storage (submitted in conjunction with 10/00061/FUL)

 

Mr Reay (Luken Beck Ltd on behalf of Dr and Mrs Moussa), Miss Afshar and Mr Garvey (Local Residents), Councillors Harris and Samuels (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION WAS CARRIED

 

RECORDED VOTE:

FOR:  Councillors Jones, Slade and Thomas

AGAINST:  Councillors Fitzhenry and Mead

ABSTAINED:  Councillor Osmond

 

RESOLVED that authority be delegated to the Head of Planning and Sustainability to grant conditional planning approval subject to the conditions in the report and the additional conditions below.

 

Additional Conditions

8 - Hours of work for Demolition / Clearance / Construction

All works, including internal works, relating to the creation of the flats hereby granted shall only take place between the hours of;

Monday to Friday  08:00 hours to 18:00 hours (8.00am to 6.00pm)

Saturdays  09:00 hours to 13:00 hours (9.00am to 1.00pm)

And at no time on Sundays and recognised public holidays.

REASON:

To protect the amenities of the occupiers of existing nearby residential properties.

 

9 - Landscaping detailed plan

Before first occupation of the approved flats a detailed landscaping scheme and implementation timetable, which clearly indicates the numbers, planting densities, types, planting size and species of trees and shrubs to be planted, shall be submitted to and approved in writing by the Local Planning Authority.

Any trees, shrubs, seeded or turfed areas which die, fail to establish, are removed or become damaged or diseased, within a period of 5 years from the date of planting shall be replaced by the Developer in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation. The Developer shall be responsible for any replacements for a period of 5 years from the date of planting.

The approved scheme shall be carried out prior to occupation of the flats or during the first planting season following the full completion of the internal works, whichever is sooner. The approved scheme implemented shall be maintained for a minimum period of 5 years following its complete provision.

REASON:

To improve the appearance of the site and enhance the character of the development in the interests of visual amenity, to ensure that the development makes a positive contribution to the local environment and, in accordance with the duty required of the Local Planning Authority by Section 197 of the Town and Country Planning Act 1990.

 

10 - Glazing panel specification

The windows in the first floor side elevation of flat 7 hereby approved to the rooms indicated as a kitchen and to Flat 5 as a bedroom shall be glazed in obscure glass and shall only have a top light opening. The window as specified shall be installed before the flats are first occupied and  ...  view the full minutes text for item 20.

21.

Land rear of 16 Bassett Heath Avenue, Southampton. pdf icon PDF 88 KB

Report of the Head of Planning and Sustainability recommending approval be refused in respect of an application for a proposed development at the above address, attached.

 

Additional documents:

Minutes:

Erection of a 3-bed bungalow with associated parking and refuse/cycle storage

 

Mr Reay (Luken Beck Ltd on behalf of Dr and Mrs Moussa), Miss Afshar and Mr Garvey (Local Residents), Councillors Harris and Samuels (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO REFUSE PLANNING PERMISSION WAS CARRIED UNANIMOUSLY

 

RESOLVED that conditional planning permission be refused for the reasons set out in the report and the additional reasons below.

 

Reasons for Refusal

 

(i)  The use of the building as a dwellinghouse is an unneighbourly form of development causing a loss of amenity and privacy for the residents of the adjoining properties by reason of disturbance from the increased residential activity associated with it in the rear garden of 16 Bassett Heath Avenue contrary to Policies SDP1 and H7 of the City of Southampton Local Plan Review 2006.

 

(ii)  The proposal, due to the excessive carry distance from the property to the refuse store, fails to provide convenient refuse facilities to serve the development contrary to Section 9.3 of the Residential Design Guide.

 

(iii)  The proposal, given the internal layout of the building appears to allow for a 4 bedroom bungalow to be provided, provides car parking to serve a family sized unit at half the maximum standard allowed for a low accessibility area. As such the proposal could result in additional on-road parking which would be harmful to the open character and appearance of the roads in this area.

 

(iv)  The proposal fails to provide an adequate living environment for future occupiers due to the siting of the existing building in immediate proximity to the site boundaries. Consequently, the habitable rooms of the house would not have reasonable levels of natural light and outlook contrary to paragraph 2.2.1 of the Residential Design Guide 2006.

 

(v)  The proposal fails to demonstrate how energy efficiency would be improved and whether or not renewable energy will be able to be incorporated in the development. In the absence of such details which should include measures for Water Conservation and the use of Micro-Renewables the proposal is contrary to Policy CS20 of the Core Strategy 2010.

 

22.

Oasis Academy, The Grove, Southampton pdf icon PDF 458 KB

Report of the Head of Planning and Sustainability recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Re-development of the site to provide a new 3-storey school building, a floodlit multi use games area with new vehicular access from Ashley Crescent and associated car parking and repositioning of sub-station

 

UPON BEING PUT TO THE VOTE THE AMENDED OFFICER RECOMMENDATION TO DELEGATE AUTHORITY TO THE HEAD OF PLANNING AND SUSTAINABILITY TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO THE COMPLETION OF A UNILATERAL UNDERTAKINGWAS CARRIED UNANIMOUSLY

 

RESOLVED that authority be delegated to the Head of Planning and Sustainability to grant conditional planning approval subject to:-

 

(i)  the completion of a Unilateral Undertaking to secure an agreed series of site specific transport works under S.278 of the Highways Act in accordance with policies  CS18, CS19 and CS25 of the Local Development Framework Core Strategy Development Plan Document - Adopted Version (January 2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

(ii)  any further planning conditions recommended by the Environment Agency and British Airports Authority on receipt of their consultation response; and

(iii)  the conditions in the report and the amended and additional conditions below.

 

Amended Conditions

 

01 - Full Permission Timing Condition - Physical works

The development works hereby permitted shall begin not later than five years from the date on which this planning permission was granted.

REASON:

To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

 

02 - Details of building materials to be used

Notwithstanding the details shown on the approved drawings no works shall commence on the construction of the external elevations of the buildings hereby approved until a schedule of materials and finishes (including full details of the manufacturers, types and colours of the external materials) to be used for external walls, windows and the roof of the proposed buildings has been submitted to and approved in writing by the Local Planning Authority. 

REASON:

To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality.

 

03 - Hours of work for Demolition / Construction

All works relating to the demolition, clearance and construction of the development hereby granted shall only take place between the hours of;

Monday to Friday  08:00 hours to 18:00 hours (8.00am to 6.00pm)

Saturdays  09:00 hours to 13:00 hours (9.00am to 1.00pm)

And at no time on Sundays and recognised public holidays. 

Any works outside the permitted hours shall be confined to the internal preparations of the buildings without audible noise from outside the building, unless otherwise agreed in writing by the LPA.

REASON:

To protect the amenities of the occupiers of existing nearby residential properties.

 

04 - Wheel Cleaning Facilities

During the period of the preparation of the site, excavation for foundations or services and the construction of the development, wheel cleaning facilities shall be available on the site and no lorry shall leave the site until its wheels are sufficiently clean to prevent mud being carried onto the highway.

REASON:

In the interests of  ...  view the full minutes text for item 22.

23.

Land to the rear of the Duchess of Wellington, Wolseley Road, Southampton pdf icon PDF 469 KB

Report of the Head of Planning and Sustainability recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Erection of two, two bedroom semi-detached dwellings with associated cycle storage on land to the rear of 4 Wolseley Road

 

Mr Oldfield (Architect) and Mr Netherwood (Landlord) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION WAS CARRIED UNANIMOUSLY

 

RESOLVED that planning approval be granted subject to the conditions in the report and the amended and additional conditions set out below.

 

Additional Condition

 

16 - Public House Delivery Time

Unless otherwise agreed in writing by the Local Planning Authority deliveries to the existing public house shall not take place outside of the hours of 10:00 to 15:00 Monday to Friday and at no times on public holidays.

REASON:

The approved development would prevent delivery vehicles from pulling off the road when goods are being delivered to the premises. The permitted delivery hours would ensure that on-road deliveries do not lead to undue congestion during periods where on-street parking significantly increases.

 

REASONS FOR THE DECISION

The development is acceptable taking into account the policies and proposals of the Development Plan. Other material considerations do not have sufficient weight to justify a refusal of the application. The provision of no on-site car parking is in accordance with policies and guidance which look to reduce travel by private car. The proposed dwellings would be in keeping with the surrounding area and would not have a harmful impact on residential amenity.  Where appropriate planning conditions have been imposed to mitigate any harm identified.  In accordance with Section 38 (6) of the Planning and  Compulsory Purchase Act 2004, Planning Permission should therefore be granted having account of the following planning policies:

“Saved” Policies – SDP1, SDP4, SDP5, SDP7, SDP9, SDP10, SDP11, SDP12, SDP13,  H1, H2, and H7 of the City of Southampton Local Plan Review - Adopted March 2006 as supported by the adopted LDF Core Strategy (2010) policies CS4, CS5, CS13, CS19, and CS20 and the Council’s current adopted Supplementary Planning Guidance.  National Planning Guidance contained within PPS1 (Delivering Sustainable Development), PPS3 (Housing 2010) and PPG13 (Transport) are also relevant to the determination of this planning application.

24.

165 St Mary Street and The Former Chantry Hall Site, Chapel Road, Southampton pdf icon PDF 422 KB

Report of the Head of Planning and Sustainability recommending delegated authority be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Erection of a 4-storey multi-use building to provide an ice-rink and associated facilities including car parking, retail, café and restaurant uses with vehicular access from St Mary Street and alterations to the adjoining highway (Outline application with access, layout and scale for consideration at this stage).

 

Mr Warburg (Applicant) and Mr Lette (Architect) were present and with the consent of the Chair, addressed the meeting.

 

NOTE: Councillor Slade declared a prejudicial interest in this item and withdrew from the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO DELEGATE AUTHORITY TO THE HEAD OF PLANNING AND SUSTAINABILITY TO GRANT CONDITIONAL  PLANNING PERMISSION SUBJECT TO THE APPLICANT ENTERING INTO A SECTION 106 LEGAL AGREEMENT WAS CARRIED UNANIMOUSLY.

 

RESOLVED that authority be delegated to the Head of Planning and Sustainability to grant conditional planning approval subject to:-

(i)  the applicant entering into a Section 106 Legal Agreement to secure:

a)  provision of site specific highway improvements in the vicinity of the site in line with Policy SDP4 of the City of Southampton Local Plan Review (March 2006), policies CS18 and CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

b)  a financial contribution towards strategic transport improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

c)  the provision of Public Art in accordance with Council Policy;

d)  incorporation of energy conservation measures in accordance with Policy CS20 of the Core Strategy;

e)  submission and implementation of a Travel Plan;

f)  submission and implementation of a Refuse Management Plan;

g)  submission and implementation of a Training and Employment Management Plan; and

h)  submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer; and

(ii)  the conditions in the report and the additional and amended conditions below.

 

Amended Conditions

 

15 - Noise - plant and machinery

The development hereby approved shall not commence until an acoustic report and written scheme to minimise noise from plant and machinery associated with the proposed development, including details of location, orientation and acoustic enclosure, has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details.

REASON:

To protect the amenities of the occupiers of existing nearby properties.

 

Additional Conditions:

 

25 - Replacement Trees

Any trees to be felled pursuant to this decision notice will be replaced with species of trees to be agreed in writing with the Local Planning Authority at a ratio of two replacement trees for every single tree removed.  The trees will be planted within the site or at a place agreed in writing with the Local Planning Authority.  The Developer shall be responsible for any replacements for a period of 5 years from the date of planting.  The replacement planting shall be carried out within the next planting season (between November and March) following the completion  ...  view the full minutes text for item 24.

25.

4 Hartley Avenue, Southampton pdf icon PDF 392 KB

Report of the Head of Planning and Sustainability recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Erection of a single storey rear extension and two storey side extension

 

Mrs Blue (Local Resident) and Councillors Capazzoli and Vinson (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION WAS CARRIED

 

RECORDED VOTE:

FOR:  Councillors Fitzhenry, Jones, Letts, Mead and Osmond

ABSTAINED:  Councillor Thomas

 

RESOLVED that planning approval be granted subject to the conditions in the report.

 

REASONS FOR THE DECISION

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below. The scale and massing of the extensions are proportionate to the scale and appearance of the existing dwelling and its neighbours and are not considered to harm the residential amenity of neighbouring dwellings. The property is currently in use as a C4 dwelling. The addition of two bedrooms within the property accords with the requirements of the property remaining in us as a C4 dwelling. Other material considerations have been considered and are not judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

‘Saved Policies’ - SDP1, SDP7 and SDP9 of the City of Southampton Local Plan Review Adopted March 2006 as supported by the adopted LDF Core Strategy (2010) policies CS13, CS16, and the Council’s current adopted Residential Design Guide. 

26.

6 Hartley Avenue, Southampton pdf icon PDF 400 KB

Report of the Head of Planning and Sustainability recommending conditional approval be granted in respect of an application for a proposed development at the above address, attached.

 

Minutes:

Single storey rear extension and two storey side extension to existing 4 bed HMO (C4 Use) to provide two additional bedrooms

 

Mrs Blue (Local Resident) and Councillors Capazzoli and Vinson (Ward Councillors) were present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION WAS CARRIED

 

RECORDED VOTE:

FOR:  Councillors Fitzhenry, Jones, Letts, Mead and Osmond

ABSTAINED:  Councillor Thomas

 

RESOLVED that planning approval be granted subject to the conditions in the report.

 

REASONS FOR THE DECISION

The development is acceptable taking into account the policies and proposals of the Development Plan as set out below. The scale and massing of the extensions are proportionate to the scale and appearance of the existing dwelling and its neighbours. The proposal is not considered to harm the residential amenity of neighbouring dwellings. The property is currently in use as a C4 dwelling. The addition of two bedrooms within the property accords with the requirements of the property remaining in use as a C4 dwelling. Other material considerations have been considered and are not judged to have sufficient weight to justify a refusal of the application, and where applicable conditions have been applied in order to satisfy these matters. The scheme is therefore judged to be in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and thus planning permission should therefore be granted.

“Saved” Policies – SDP1, SDP5, SDP7 and SDP9 of the City of Southampton Local Plan Review - Adopted March 2006 as supported by the adopted LDF Core Strategy (2010) policy CS13, and the Council’s adopted Residential Design Guide (2006). 

 

27.

97 Regents Park Road, Southampton pdf icon PDF 388 KB

Report of the Head of Planning and Sustainability recommending approval be refused in respect of an application for a proposed development at the above address, attached.

Minutes:

Use of existing garage for car repairs and car sales (sui generis) (retrospective). Resubmission of 09/01201/FUL

 

Mr Andrea (Applicant) was present and with the consent of the Chair, addressed the meeting.

 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO REFUSE PLANNING PERMISSION WAS LOST

 

RECORDED VOTE:

FOR:  Councillor Osmond

AGAINST:  Councillors Fitzhenry, Jones, Letts and Mead

 

A FURTHER MOTION proposed by Councillor Letts and seconded by Councillor Fitzhenry ‘that the application be granted’ was carried

 

RECORDED VOTE:

FOR:  Councillors Fitzhenry, Jones, Letts and Mead

ABSTAIN:  Councillor Osmond

 

RESOLVED that following the submission of an acoustic report and the installation of any noise mitigation measures which are identified within the report, a Temporary Planning Permission should be granted for one year subject to conditions set out below.

 

1 - Time Limited (Temporary) Permission

The use of the garage hereby permitted shall be discontinued on or before 12 months from the date of this consent.

REASON:  

To enable the Local Planning Authority to review the special circumstances under which planning permission is granted for this type of development.

 

2 – Personal Consent

The development to which this consent relates shall only be undertaken by Mr Andrea and by no other person(s) unless otherwise agreed in writing by the Local Planning Authority.

REASON:

In order to control the scale of the operation of the development and in order to reflect the extenuating circumstances for which planning permission is granted.

 

3 - Scope and Restriction of use of other Classes

 The use of the garage building shall be limited to the specific use (motor vehicle repairs) within the Town and Country Planning (Use Classes) Order 1987 (or any amendment to, replacement of, or reinstatement of that Order) Use Class B2 (General Industry) of Schedule 2 and for the purposes of clarity shall not be used for any Use Class B1 (Business) or B8 (Storage of Distribution) purpose or activity. No body repairs work or paint spraying shall take place on the site.

 

REASON:

In the interests of the amenities of adjacent residential occupiers.

 

4 - Hours of Operation

The garage to which this permission relates shall only be use in connection with vehicular repairs between the hours of 09.30 and 15.30 Monday to Thursday, unless otherwise agreed in writing by the Local Planning Authority.

REASON:

To protect the amenities of those members of the public who live close to the facility.

 

5 - Loading / unloading

The front curtilage of the dwelling house to which this application relates shall at no time be used for the parking and or storage of any vehicles associated with the commercial use of the garage structure hereby approved.

REASON:

In the interests of highway safety and residential amenity.

 

6 - Restricted use of garden area

The garden area serving the main dwelling shall remain in residential use ancillary to the dwelling and shall not be used in connection with the commercial use of the garage hereby permitted, including for any storage purposes, unless otherwise agreed in  ...  view the full minutes text for item 27.

28.

Zazen Developments Ltd - Roebuck House, 24-28 Bedford Place pdf icon PDF 65 KB

Report of the Head of Planning and Sustainability seeking authorisation to vary the terms of the section 106 agreement, attached.

 

Minutes:

The Panel considered the report of the Head of Planning and Sustainability seeking authorisation to vary the terms of the section 106 agreement in respect of Zazen Developments Ltd - Roebuck House, 24-28 Bedford Place.  

(Copy of report circulated with the agenda and attached to the signed minutes).

 

RESOLVED that authority be delegated to the Solicitor to the Council to enter into a Deed of Variation of the section 106 agreement, postponing the payment of the affordable housing contribution for a period of up to 3 years provided £3000 per month is paid by the administrator, with provision that a sale within the 3 year period shall discharge the entire outstanding affordable housing contribution.