Agenda item

The proposal before Members was for conversion and part demolition of the existing dwelling to allow room for the construction of a 3-bedroom detached dwelling.

Members noted that the application had been called in by Councillor Linda Van den Hende on grounds that:

·         The proposal would have a serious impact on the streetscene and would cause an unbalanced environment.

·         Both the neighbour in Little Gaynes Lane and that of 142 Corbets Tey Road would be significantly inconvenienced with the overlooking from the new build and loss of amenity.

In accordance with the public speaking arrangements the Committee was addressed by an objector without a response from the applicant.

The objector commented that the proposal was an overdevelopment of the site and would lead to a loss of light that would affect his property.

With its agreement Councillor Linda Van den Hende addressed the Committee.

Councillor Van den Hende commented that the proposal was a balanced case and a judgement call was needed. Councillor Van den Hende also commented that a previous application had been refused on the grounds of density and layout and that the new proposal appeared to pay attention to the amenity of the new property but not to that of the existing neighbours. Councillor Van den Hende concluded that the proposal would lead to a loss of light on the existing neighbours and would have a detrimental impact on the streetscene.

During the debate Members discussed the impact the proposal would have on the streetscene and whether it was an overdevelopment of the site.

Following a motion to refuse the granting of planning permission which was lost by 6 votes to 3 with 2 abstentions the Committee noted that the proposal qualified for a Mayoral CIL contribution of £5,796 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following:

·      A financial contribution of £6,000 to be paid prior to commencement of development and to be used towards infrastructure costs.

·      All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

·      To pay the Council’s reasonable legal costs in association with the preparation of a legal agreement, prior to completion of the agreement, irrespective of whether the legal agreement was completed.

·      Payment of the appropriate planning obligation/s monitoring fee prior to completion of the agreement.

That the Head of Regulatory Services be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The vote for the resolution to grant planning permission was carried by 6 votes to 3 with 2 abstentions.

Councillors Misir, Kelly, Wallace, Chapman, Smith and Whitney voted for the resolution to grant planning permission.

Councillors Hawthorn, Ower and Nunn voted against the resolution to grant planning permission.

Councillors Martin and Williamson abstained from voting.