[NOTE: In accordance with the procedure for public speaking at Planning Committee, Mrs Anne Moore attended the meeting and spoke in objection to the application and the applicant choose not to speak in support.]
The Committee considered an application for a proposed detached garage and retrospective vehicular access and gates to rear of site from Ivydene.
The Planning Officer advised that the Conditions for the 2019 application for Ivydene did not apply to this application. Regarding the removal of Permitted Development Rights, it was clarified that this site was not 11 Ivydene and therefore the Conditions of that site could not be tied into this application.
Councillor M Whitehand, Ward Councillor, commented that the permitted development right to build the garage was not the issue, it was the access to the garage that was causing residents concern. Thirty nine letters of objection had been received and the Member thought that the Committee should be mindful to this level of objection. Councillor M Whitehand suggested it was the long term plan of the applicant to ultimately have access across Ivydene to access Garvan and that the application should be looked at in the round. The Planning Officer advised that the conditions of Ivydene did not relate to this application and that the access across the land was a civil matter, not a planning consideration and had therefore not formed part of the Planning Officers’ assessment of the application.
In reference to the Inspectors decision on the Ivydene application, the Planning Officer confirmed that this would have not been conflicted by this application.
Following a question the Planning Officer confirmed that there was not a risk of flooding on this part of the site.
Concern was raised that gas bottles may be stored in the proposed garage if it was intended to be used as a workshop. The Planning Officer advised that there was no indication that gas bottles would be stored in there and reminded the Committee that the garage could be built under Permitted Development Rights without the approval of the Committee, and therefore they could not object to what might be stored in there.
Following a question the Planning Officer advised that vehicular access had been formed for Ivydene under a previous application, however there was nothing in the Conditions that restricted this to just Ivydene and therefore it was a civil matter if the owner of Ivydene also allowed access to the proposed garage at Garvan.
Some Member queried why this application was before the Committee if it could be built without approval and under Permitted Development Rights. The Planning Officer explained that the applicant had chosen to submit the application, however if rejected they could chose to submit a Certificate of Lawfulness and build under permitted development.
Following a question, Beverly Kuchar, Head of Planning confirmed that in the event the garage was run as a business, a change of use application would need to be submitted.
In accordance with Standing Order 22.2, the Chairman deemed that a division should be taken on the recommendation in the report. The votes for and against approval of the application were recorded as follows.
In favour: Cllrs T Aziz, A Boote, G Cosnahan, S Dorsett, R Leach, Oades and T Spenser.
Against: Cllr M Whitehand.
Present but not voting: Cllrs L Morales (Chairman) and J Brown.
The application was therefore approved.
That planning permission be GRANTED.