Agenda item

Committee considered a detailed report in relation to the above application.

The application had been referred to Planning Committee by Councillor David Bennett due to concerns raised regarding the impact the additional traffic resulting from five additional dwellings would have on an already overcrowded street.

The application sought approval for the partial demolition of garden outbuildings to facilitate the erection of five, two storey dwellings.

The site would utilise the existing access onto Mitchell Street and the proposal retained two parking spaces for the existing dwelling at 44 Mitchell Street. Each of the dwellings proposed had two parking spaces which met the Council’s parking requirements which was set out in the Local Plan. The proposal included a shared on-site turning area which would allow vehicles to enter and leave the site in a forward facing direction and there would be a passing place on the driveway to prevent the need for vehicles to reverse onto or off from the highway should two vehicles need to pass.

The principle of residential development to the rear of dwellings which front Mitchell Street had already been established by development of the adjacent sites which had two storey dwellings constructed in what was originally back gardens.

The application was recommended for approval subject to conditions.

Letters of objection had been received from four neighbouring properties which were detailed in the report.

Further information was contained in the Supplementary Update Report, which advised of a further letter of objection received regarding the application, and that there was no change to the recommendation in the main report.

Charlotte Stainton (Agent) attended the meeting and spoke for the application.

Councillor David Bennett, District Councillor, not on the Planning Committee, attended the meeting and spoke against the application.

Pamela Hook attended the meeting and spoke against the application.

Dominic Webb attended the meeting to request the application be deferred to a later date to allow for further consideration on soakaways and boundary treatments.

The Principal Planneraddressed the issues raised in relation to soakaways and boundary treatments and stated that a number of points raised could already be undertaken through permitted development. As for the soakaway, building regulations would have to be followed and they would be tested to ensure they was fit for purpose.

Councillor Phil Smith raised concern over allowing the applicant to control the hours of operation of the site and queried if a condition could be added to control when deliveries etc could be made due to the congestion already on the street.

The Principal Planner advised that all conditions imposed needed to be reasonable for the size of the development and in this instance under other legislation there was sufficient control. If there were issues with the development then Environmental Health could investigate and take action when necessary.

Moved by Councillor Duncan McGregor and seconded by Councillor Chris Kane

RESOLVED that the application be APPROVED subject to the following conditions:

1.    The development must be begun before the expiration of three years from the date of this permission.

2.    The development must be carried out in accordance with plan numbers:

23-001 A(PL) 001 Site location plan

23-001 A(PL) 003 Block plan

23-001 A(PL) 005 Rev B Landscaping and Biodiversity measures

23-001 A(PL) 006 Street scene context 3D

23-001 A(PL) 007 Proposed Sections and street scene

23-001 A(PL) 008 Proposed site compound layout

23-001 A(PL) 009 Proposed site levels and gradients

23-001 A(PL) 011 Proposed external lighting

23-001 A(PL)-HTC Plans and elevations Plot 1

23-001 A(PL)-HTA Plans and elevations Plots 2 and 3

23-001 A(PL)-HTB Plans and elevations Plots 4 and 5

3.    The external wall and roof materials must be Red Vandersanden Alexia Facing Brick and Marley modern dark grey roof tiles as set out in the application form unless otherwise agreed in writing by the Local Planning Authority.

4.    Before the development hereby approved is first occupied, two parking spaces for the existing dwelling at 44 Mitchell Street must be provided on site in accordance with the approved plans and must be maintained available for parking thereafter.

5.    Before the development hereby approved is first occupied, the access, passing place, turning area, parking spaces and cycle parking must be provided on site in accordance with the approved plans and must be maintained as such thereafter.

6.    The first floor side facing windows serving the bathrooms in Plots 4 and 5 hereby approved must be obscurely glazed and must be maintained as such thereafter.

7.    Before the dwellings hereby approved are first occupied, the boundary treatment details shown on the approved plan must be provided on site in accordance with the approved plan and must be maintained as such thereafter.

8.    Before construction commences on site, the site compound must be provided on site in accordance with plan no. 23-001 A(PL)008 and must be maintained on site in accordance with these details throughout the period of construction.

9.    Before the dwellings hereby approved are first occupied, the landscaping and biodiversity enhancement measures shown on plan no. 23-001 A(PL)005 Rev B must be provided on site in accordance with the approved plans and must be maintained as such thereafter.

10. Before the dwellings hereby approved are first occupied, the external lighting scheme shown on plan no. 23-001 A(PL)0011 must be provided on site in accordance with the approved plans and must be maintained as such thereafter.

Statement of Decision Process

Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application.  The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework. 

Equalities Statement

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e., “the Public Sector Equality Duty”).

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

Human Rights Statement

The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process. In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.