Agenda item

The Committee considered the above-mentioned full application for change of use of part of building (Use Class E) to two residential units (C3) including minor fenestration changes and associated external alterations.

Prior to the consideration of the application, the following persons addressed the Committee in accordance with Public Speaking Procedure Rules 3(b):

·        Ms Janet Dent (to object);

·        Mr Luke Margetts (Bakersgate Development Ltd) (to object) and;

·        Mr Matt Smith (D&M Planning) (In support)

The Committee received a presentation from the Senior Planning Officer, Katie Williams.  The proposal was for the change of use of part of an existing building currently in business use to two residential units, including minor fenestration alterations and associated external alterations. 

The Committee noted that the site was within the Green Belt outside of a settlement area, it was also within an Area of Outstanding Natural Beauty and an Area of Great Landscape Value.  It was located on the western side of Burrows Lane to the south of the village of Gomshall.  

The site was comprised of a recently constructed new development made up of four detached buildings, comprised of eight units all with commercial use, with the exception of Unit 2, which was a work/live unit.   The wider Kings Court site was surrounded on all sides by residential dwellings, including Meadowside and Mill Cottage which immediately adjoined the western boundary.  Unit 3C was set within the largest building on the site, there was existing parking along the eastern boundary of the site and between the buildings. 

Planning Officers were satisfied that comprehensive marketing of the unit in its current commercial use, had been carried out for over 12 months, in line with the requirements of Policy 3 of the Local Plan.   Information submitted with the application confirmed that the units were completed over two years ago and had been on the market for four years.   Unit 3 was currently vacant and a unit to the front was occupied by a business use.  

The proposed floor plan layout showed the two proposed one-bedroom flats, one at ground floor level and one at first floor level.  The flats would be accessed via a shared access.   The only external alterations would be an increase in the size of an existing dormer window and the provision of a balcony in set within the roof slope, and also a new side door on the side elevation and changes to a window on the front.   Alterations were proposed to enlarge the existing dormer window and the proposed balcony, which would provide an area of outdoor amenity space.  Each proposed unit would have an allocated parking space.  The Committee noted the existing parking spaces and the proposed space that would be allocated to the first floor flat and ground floor flat, as well as the area proposed for outdoor amenity to the side of the unit.  

In conclusion, the proposal would result in the re-use of an existing building and therefore would not result in inappropriate development within the Green Belt, the proposal would deliver a net increase of 2 one-bedroom dwellings in a sustainable location.  It had been demonstrated that comprehensive marketing of the property had been carried out and the loss of the employment unit had been sufficiently justified.  The proposal would not harmfully affect the character or appearance of the site, or surrounding area, would not materially impact on neighbouring amenity and would not give rise to adverse impacts to highway safety.   The application was therefore recommended for approval, subject to the conditions as set out on page 74 of your agenda and amendments to conditions 9 and 10 as set out on the supplementary late sheets.

The Committee considered the application and noted concerns raised regarding the number of applications that had been made for the site, notably 12 applications in the last 15 years.  Four previous applications for residential accommodation had also been turned down.  Concern was raised regarding the location so close to the residential dwellings at Meadowside.

The Committee noted that on page 88 of the report it said that no changes were proposed to the west elevation towards Meadowside.  However, it did seem possible to see the top of the ground-floor window above the fence.  Was it therefore possible to have obscure glazing installed on at least the top part of the window.

The Senior Planning Officer, Katie Williams confirmed that there was a window but that the fence sufficiently screened the window from being able to see over the fence line.  It was also further clarified that ground-floor windows would not be required to be obscure glazed.  If it was a first-floor window, obscure glazing would be considered.  1.7 metres in height was the industry standard for fences and the proposal was for the re-use of an existing building.

The Committee noted concerns raised regarding the pedestrian access to and from Burrows Lane being a problem as well as the boundary line of 1 metre from the rear wall appeared incredibly close.  

The Chairman, Councillor White reminded the committee that they could not consider legal disputes as they were not material planning considerations.  The Senior Planning Officer, Katie Williams confirmed that in terms of rights of access and land ownership these were civil matters separate to the determination of the application.  The plans did nevertheless show that the rights of access had been taken into account.  If subsequent proposals came forward for additional units they would have to be considered according to their own merits.  The separation was as had been built out, what had been approved under the previously consented scheme for the office development which had not changed.  The distance to the boundary was therefore considered acceptable under the previously consented schemes.

A motion was moved and seconded to approve the application which was carried.

In conclusion, having taken account of the representations received in relation to this application, the Committee;

RESOLVED to approve application 21/P/02589 subject to the conditions and reasons as detailed in the report and amended conditions 9 and 10:

Condition 9:

Prior to occupation of the new residential units hereby approve, a scheme for protecting the proposed dwellings from noise from the adjacent residential and commercial units shall be submitted to and approved in writing by the local planning authority.  The agreed details shall be implemented before any permitted dwelling is occupied unless an alternative period is agreed in writing by the authority.

Reason: As occupiers of the development, without such a scheme, are likely to suffer from noise to an unacceptable degree.

Condition 10:

No works shall take place to install the new balcony at first floor or amenity area at ground floor until detailed drawings of the new balcony (including balustrade design, materials and finish) to the first floor flat and boundary treatment to the amenity area for the ground floor flat (including design and height of proposed fencing) have been submitted and agreed in writing by the Local Planning Authority.  The works shall be carried out in accordance with the approved details.

Reason: To ensure that the external appearance of the building is satisfactory.