Issue - meetings

[NOTE: In accordance with the procedure for public speaking at Planning Committee, Mr Colin McAdam attended the meeting and spoke in objection to the application and Mr David Kelso spoke in support.]

The Committee considered an application for prior notification for the proposed enlargement of single storey dwelling house by construction of an additional storey with a proposed ridge height of 8.7m.

Councillor C Kemp, Ward Councillor, spoke in objection to the application and asked the Committee to listen to the concern of residents. Councillor C Kemp noted that when the 2018 application one of the reasons it was refused was due to bulk, scale and massing; this still applied and when it was built it would be very overpowering and prominent on the corner plot.

The Chairman commented that although the 2018 application had been refused by the Committee, this application could not be considered under the same legislation as this was for prior approval. As set out by the Planning Officer in the presentation, the grounds on which a prior approval application could be refused were very limited. The Planning Officer explained that under prior approval legislation the Committee could not consider the impact on the wider street scene, and could only consider the impact on the external of the dwelling house; which the Planning Officers considered was acceptable.

The Committee voiced their frustration regarding the prior approval legislation as it appeared that their hands were somewhat tied despite them considering this development inappropriate.

Councillor N Martin shared these frustrations and proposed that the application be refused on the grounds that the amenity of the neighbouring property at number 72 would be negatively impacted. The motion was seconded by Councillor S Dorsett.

Debate continued.

Thomas James, Development Manager, understood and sympathised with the frustrations of Members and residents, however it was his view that there were no strong grounds to be able to refuse this application.

The majority of Members were frustrated by the legislation and wanted to refuse this application, however they agreed with the Planning Officer that there were not reasonable ground to do so.

Peter Bryant, Director of Legal and Democratic Services advised the Committee that he thought there was significant risk of costs being awarded against the Planning Authority if the Committee refused this and it was taken to appeal.

In accordance with Standing Order 22.2, the Chairman deemed that a division should be taken on the motion above.  The votes for and against refusal of the application were recorded as follows.

In favour:                           Cllrs S Dorsett and N Martin.

                                 TOTAL:  2

Against:                              Cllrs J Brown, L Morales (Chairman), T Aziz, A Boote and D Roberts.

                                 TOTAL:  5

Present but not voting:      Cllr D Hughes

                                 TOTAL:  1

The application was therefore not refused.

RESOLVED

That prior approval be GRANTED.