Minutes:
The proposal before members sought permission for side and rear single storey extensions, a canopy, a garage conversion, external works including two dropped kerb width increases and a change of use from a dwelling (C3) to a day care nursery (D1) entitled Little Explorers Day Care Nursery.
Councillor Gillian Ford requested the application be called in to committee unless it was refused under delegated powers, on the grounds of increased parking pressures with existing traffic problems due to school activity, the estate was designated as residential, increased noise activity and drainage concerns.
Councillor Steven Kelly requested the application be called in to committee if the recommendation was for refusal, on the grounds that the plan fitted in with the Local Development Framework and there were matters of judgement which would be best discussed by members of the Committee.
Councillor Barry Tebbutt requested the application be called in to committee if the recommendation was for refusal, on the grounds that there was not a transfer issue (as identified), the position of the nursery was not of any real concern and there was a need for a facility of this type.
In accordance with the public speaking arrangements, the Committee was addressed by an objector with a response from the applicant.
The objector referred to the previous refusal and commented that there was nothing in the current application that changed the previous reason for refusal. The objector also commented on the unacceptable levels of noise, disturbance and parking problems that the proposal would create. Further that the applicant could not demonstrate that access to staff car parking had been secured into the future.
Speaking in response the applicant confirmed that the objections raised were not representative of all the local residents many of whom had submitted letters of support towards the scheme. The applicant confirmed that there was a need for the facility in the area and conditions could be agreed to limit the number of children in attendance at the facility.
With its agreement Councillor Clarence Barrett addressed the committee on behalf of Councillor Gillian Ford.
Councillor Barrett commented that there was very little difference between the current application and the previously refused application. Councillor Barrett also commented on the parking provision at the site which was considered inadequate and would lead to congestion both at the front and rear of the application site. Councillor Barrett compared the application to one recently refused elsewhere in the borough and commented that this particular application was in fact worse regarding parking provision.
During the debate members sought clarification on the ownership of the garages situated to the rear of the application site and questioned the suitability of the proposal in the area. Members also sought clarification on the addresses of the letters of support to ascertain whether they were from local residents or residents from outside of the local area.
Officers clarified a number of conditions that could be attached to the scheme if members were minded to approve planning permission.
Following a motion to approve planning permission which was lost by 5 votes to 4 with 1 abstention it was RESOLVED that planning permission be refused on the grounds that
The proposal, by reason of noise and disturbance arising from the intensification of the use of the property and its curtilage, would result in unacceptable levels of noise and disturbance to the detriment of residential amenity, contrary to Policy DC61 of the Core Strategy and Development Control Policies DPD.
The proposal, by reason of the extent of parking to the front of the property, would adversely affect the character and appearance of the streetscene, contrary to Policy DC61 of the Core Strategy and Development Control Policies DPD.
The vote for the resolution to refuse planning permission was carried by 5 votes to 4 with 1 abstention.
Councillors Oddy, Evans, Hawthorn, Mylod and Osborne voted for the resolution to refuse planning permission.
Councillors Tebbutt, Kelly, Taylor and McGeary voted against the resolution to refuse planning permission.
Councillor Brace abstained from voting.