Agenda, decisions and minutes

Apologies were received from Councillor Edwards and Councillor Ahmad-Wallana. Councillor Radia was present as Councillor Edwards’ substitute.

Apologies were received from Councillor Edwards and Councillor Ahmad-Wallana. Councillor Radia was present as Councillor Edwards’ substitute.

None.

None.

Minute 27:  105 Sweetcroft Road required amendment to show that the Committee resolved to approve the application.

Minute 30:  28 Oakene road, required amendment to show that the Committee resolved to delegate authority for the strengthening of condition one to the Head of Planning and Enforcement only.

RESOLVED:  That the minutes of the meeting held on 6 June 2018 be agreed as a correct record, subject to the amendments set out above.

Minute 27:  105 Sweetcroft Road required amendment to show that the Committee resolved to approve the application.

Minute 30:  28 Oakene road, required amendment to show that the Committee resolved to delegate authority for the strengthening of condition one to the Head of Planning and Enforcement only.

RESOLVED:  That the minutes of the meeting held on 6 June 2018 be agreed as a correct record, subject to the amendments set out above.

None.

None.

It was confirmed that items 1-10 were marked as Part I, and would therefore be considered in public. Items 11-15 were marked as Part II, and would therefore be considered in private.

It was confirmed that items 1-10 were marked as Part I, and would therefore be considered in public. Items 11-15 were marked as Part II, and would therefore be considered in private.

Retention of existing garage

Recommendation: Refusal

RESOLVED:  That the application be refused.

Retention of existing garage

Officers introduced the report, and highlighted that the site had been the basis of a number of applications that had been refused for the reasons as detailed within the report.

The application to be determined was of a similar size and scale as the previously refused applications, and was sited in a prominent, highly visible position. The application was considered to result in a cramped and incongruous appearance to the detriment of the visual amenities of the street scene and character and appearance of the surrounding area. For these reasons, the application was recommended for refusal.

A petitioner addressed the Committee in support of the application, and highlighted the following points:

·         The petitioner was also the applicant.

·         The building had since been lowered by approximately 12 inches since the photographs in the officer’s presentation had been taken.

·         The building was of a wood construction, which the applicant was led to believe would be permissible.

·         The purpose of the building was for the housing and restoration of cars.

·         The garage, once completed, would be painted to ensure that it  matched the aesthetics of the house.

Members asked the petitioner a number of questions, and the petitioner clarified:

·         The petitioner was the owner of the site when the previous applications had been submitted and refused. The previous application was for a brick building that had since been demolished.

·         The photographs showed a raised plinth at the entrance to the garage. This would be replaced by a ramp, should the application be successful.

Officers clarified that, as per the plans, the building was 2.5m in height, with the boundary wall being 1.8m in height. The photographs in the officer’s presentation had been taken by the planning case officer within the last month, and were accurate.

Regarding the materials used in the garage’s construction, officers confirmed that no planning officers had advised the applicant that a wooden construction would be permissible.

Members were concerned with the height and siting of the garage building, and the officer’s recommendation was moved. This was seconded and when put to a vote, unanimously agreed.

RESOLVED:  That the application be refused.

Conversion of roof space to habitable use to include a rear dormer.

Recommendation: Refusal

RESOLVED:  That the application be refused.

Conversion of roofspace to habitable use to include a rear dormer

Officers introduced the report and advised that the proposed rear dormer was considered to fail to harmonize with the architectural composition of the original dwelling and would be detrimental to the character, appearance and visual amenities of the street scene and surrounding area. For this reasons, the application was recommended for refusal.

It was highlighted that a petition in objection to the application had been received. Neither the petitioner nor agent/applicant were present to address the Committee.

The officer’s recommendation was moved, seconded, and when put to a vote, unanimously agreed.

RESOLVED:  That the application be refused.

Part two storey, part first floor side extension.

Recommendation: Refusal

RESOLVED:  That the application be refused.

Part two storey, part first floor side extension

Officers introduced the report, and confirmed that due to the size, scale, bulk and proximity, the proposed development would cause overdominance, visual intrusion and loss of outlook for the adjoining occupiers at 4 and 5 Cosgrove Close. For these reasons, the application was recommended for refusal.

It was highlighted that a petition in objection to the application had been received. Neither the petitioner nor agent/applicant were present to address the Committee.

The officer’s recommendation was moved, seconded, and when put to a vote, unanimously agreed.

RESOLVED:  That the application be refused.

Conversion of attached garage to habitable use, including alterations to front elevation.

Recommendation: Approval

RESOLVED:  That the application be approved.

Conversion of attached garage to habitable use, including alterations to front elevation

Officers introduced the report and confirmed that, while the garage did not comply with the Council’s parking standards and was too small to fit a car, there was provision for two parking spaces at the front of the property. The application was therefore not considered to result in a loss of parking, and was not considered to have a negative impact on the visual amenity of the site or surrounding area. For these reasons, the application was recommended for approval.

The officer’s recommendation was moved, seconded, and when put to a vote, unanimously agreed.

RESOLVED:  That the application be approved.

Change of use of ground floor from light industrial / office use (B1) to tattoo parlour (Sui Generis)

Recommendation: Approval

RESOLVED: 

1.    That the application be approved; and

2.    That an informative regarding the requirement for a Special Treatments Licence be added.

Change of use of ground floor from light industrial/office use (B1) to tattoo parlour (Sui Generis)

Officers introduced the report, and confirmed that the principle of development was deemed acceptable as the loss of the light industrial/office use was not protected within the local plan or within any designated site. The proposal was not considered to have any greater detrimental impact on the residential properties adjacent than the current office, and there were conditions proposed to limit the hours of use.

An additional informative was suggested, to ensure that the applicants were aware that they would need to apply for a Special Treatments Licence before any such tattoo parlour could be operated.

For these reasons, the application was recommended for approval. This was moved, seconded, and when put to a vote, unanimously agreed.

RESOLVED: 

1.    That the application be approved; and

2.    That an informative regarding the requirement for a Special Treatments Licence be added.

The item was withdrawn from the meeting.

The item was withdrawn from the meeting.

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

RESOLVED:

1. That the enforcement action as recommended in the officer’s report was agreed.

2. That the Committee resolved to release their decision and the reasons for it outlined in the report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).