Report of the Planning and Development Manager recommending approval be refused in respect of an application for a proposed development at the above address, attached.
Minutes:
The Panel considered the report of the Planning and Development Manager recommending refusal in respect of an application for a proposed development at the above address. (Copy of the report circulated with the agenda and appended to the signed minutes)
Continued Use Of Garage For Car Repairs
Mr Andrea (Applicant) and Mr Newcombe (supporting) (Local resident) were present and with the consent of the Chair, addressed the meeting.
The presenting officer reported that the description of the development had been amended to remove reference to car sales.
RESOLVED unanimously to grant planning permission and delegate the imposition of conditions to the Planning and Development Manager, set out below:
APPROVAL CONDITION - Personal Consent (Performance Condition)
The development to which this consent relates shall only be undertaken by Mr Vasilis Andrea while he occupies the residential dwelling house at number 97 Regents Park Road 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.
APPROVAL CONDITION - 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.
APPROVAL CONDITION - Hours of Operation. [Performance Condition]
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 Friday, 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.
APPROVAL CONDITION - loading / unloading [Performance Condition]
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.
APPROVAL CONDITION - 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 writing by the Local Planning authority.
Reason:
In order to protect the privacy of adjoining occupiers
APPROVAL CONDITION - Noise Report - [Pre Occupation Condition]
Unless otherwise agreed in writing with the Local Planning Authority the hereby approved temporary consent shall be operated in accordance with the mitigation measures proposed by the 'Noise Impact Assessment' by KR Associates v1.1 dated 14th January 2011 for 97 Regents Park Road as supported by the Environmental Health Team (Pollution and Safety). The details/mitigation measures recommended in the approved 'Noise Impact Assessment' report shall be retained thereafter during the hereby approved operation of the site unless otherwise agreed in writing by the Local Planning Authority.
Reason:
To protect the amenities of the occupiers of existing nearby properties.
APPROVAL CONDITION - Keep doors closed - [Performance Condition].
All work to vehicles associated with this permission shall be carried out within the confines of the garage and whilst work associated with this permission is being undertaken all doors to the garage must remain closed.
Reason:
To limit the noise breakout from the workshop.
APPROVAL CONDITION - Approved Plans
The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule attached below, unless otherwise agreed in writing with the Local Planning Authority.
Reason:
For the avoidance of doubt and in the interests of proper planning.
Reason for Granting Permission
The development is acceptable for a temporary, personal consent, subject to the imposition of conditions, taking into account the small scale nature of the activity and the requirement for further mitigation works to be undertaken prior to consent be issued. Full regard has been had to the policies and proposals of the Development Plan as set out below. Other material considerations including surrounding character and amenity, in particular the potential for noise and odour disturbance to be caused, have been considered and are not judged to have sufficient weight to justify a refusal of the application. 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.
Policies - SDP1, SDP4, SDP7, SDP15, SDP16 and SDP21 of the City of Southampton Local Plan Review (March 2006); and PPS1 Delivering Sustainable Development, PPS23 Planning and Pollution Control and PPG24 Planning and Noise).
Supporting documents: