Agenda item

Repurposing pre-existing store room, contained within the block of flats 1-40 Constabulary Close, to create a one-person studio flat (Retrospective).

Recommendations: Approve + Sec 106

RESOLVED: That the application be approved and that delegated authority be granted to officers to draft a new condition allowing for 2 cycle spaces, draft an additional condition in relation to an approved fire strategy for this unit and how it complies with the fire strategy for the whole development, notify the Council Tax Enforcement team that the unit has been lived in since 2019 and notify planning enforcement of a breach in relation to cycle spaces.

Repurposing pre-existing store room, contained within the block of flats 1-40 Constabulary Close, to create a one-person studio flat (Retrospective).

Officers introduced the application and highlighted the information in the addendum. It was noted that the proposed development was considered to be acceptable. A Section 106 legal agreement was proposed to secure a £40,000 contribution towards off-site affordable housing. The application was recommended for approval.

A petition in objection had been submitted and the Lead Petitioner addressed the Committee. Key points highlighted included:

·       The Lead Petitioner was a leaseholder of a flat at the site and was a Director of the Freehold Management Company;

·       The applicant had applied to change a storeroom to a flat; however, in reality, the site in question was already in use as a studio room;

·       Residents had been in receipt of mail intended for the occupants of the studio room and had experienced threatening behaviour from the occupants;

·       The applicant had now admitted the storeroom had been in use as a studio flat since 2018;

·       The flat did not appear to have its own electricity or water meter;

·       It appeared the secret flat had been planned when the building had originally been constructed; 

·       Deceptive development was a material planning consideration which was not addressed in the officer’s report;

·       The 38 bicycle parking spaces mentioned did not exist and the studio flat would not have access to a space as claimed;

·       Private transport was a key consideration in the Borough due to the poor levels of public transport;

·       The studio’s lease would allow for structural changes which were not permitted to other leaseholders;

·       There were serious outstanding breaches of planning control by the developer relating to energy efficiency and energy assessments.

Members noted that they could only consider planning considerations in relation to the application. In response to their questions, the Lead Petitioner confirmed that the information in the report regarding parking space provision was incorrect – bicycle parking spaces did not exist. It was confirmed that the bin store had never been in use as such and had always been used as a flat.

The applicant addressed the Committee informing Members that an internal bin store had been considered unhygienic hence the area had been used for sample kitchens and sample flooring so leaseholders could choose what they wanted.

Ward Councillor Scott Farley was in attendance and addressed the Committee in support of petitioners expressing his concern regarding the retrospective nature of the application and stating that it was unclear what had been happening at the site. He expressed further concern regarding fire safety and access to other properties at the application site.

A written submission in support of petitioners had been received from Ward Councillor Jan Sweeting and was read out to the Committee. Councillor Sweeting expressed concern regarding the retrospective application and noted that it appeared the necessary legal permissions for use as a studio flat had not previously been obtained. It was also probable Council Tax had not been paid to date. Councillor Sweeting asked the Committee to consider that the block of flats in Constabulary Close had been built relatively recently and the area in question had been set aside as much needed storage. The removal of the storage area left the other flat owners and tenants with inferior facilities. The studio flat would also make parking more difficult and some flat owners would have their visual amenity compromised. Councillor Sweeting felt the area had been built as a storage unit and should remain as such.

The Legal Advisor reminded Members that retrospective applications were allowed for in legislation. The Committee had to consider the application on its merits and consider what the planning harm would be if it were to be converted from a bin store to a studio flat. Members were reminded that material planning considerations did not include electricity supply, terms of a lease etc as these were civil matters.

Members commented that there appeared to be no grounds for refusal but requested further information regarding parking provision at the site. It was confirmed that there was no allocated cycle parking provision for the studio flat. The original application for the development had included 28 cycle spaces in the basement car park which amounted to an overprovision hence it had been concluded that there should theoretically be cycle parking provision if required. It appeared that there had been a breach of the original planning permission which would be explored by enforcement officers outside of the meeting. A Condition was proposed allowing for 2 cycle parking bays and delegated authority was granted to officers to draft this.  

In respect of Council Tax, it was agreed that the Legal Advisor would refer this matter to the appropriate enforcement colleagues for investigation.

In response to further questions from the Committee, it was confirmed that, to the knowledge of officers, the space had never been used as a bin store – it had always been either a void space or an office / flat. At the request of Members, it was agreed that delegated authority be granted to officers to draft an additional Condition in relation to an approved fire strategy for this unit and how it complied with the fire strategy for the whole development.

Members raised no further concerns. The officer’s recommendation, subject to the agreed additional Conditions, was moved, seconded and, when put to a vote, approved with 5 Members voting in favour and 1 against.

RESOLVED: That the application be approved and that delegated authority be granted to officers to draft a new Condition allowing for 2 cycle spaces, draft an additional Condition in relation to an approved fire strategy for this unit and how it complied with the fire strategy for the whole development, notify the Council Tax Enforcement team that the unit had been lived in since 2019 and notify planning enforcement of a breach in relation to cycle spaces.