Agenda item

Removal of condition 7 of planning permission 6/2011/0162/DM to allow annexe to be occupied separately by tenant

Consideration was given to the report of the Principal Planning Officer regarding an application for the removal of condition 7 of planning permission 6/2011/0162/DM to allow the annex to be occupied separately by a tenant (for copy see file of Minutes).

A Caines, Principal Planning Officer gave a detailed presentation on the application which included photographs of the site.

In discussing the application Members considered whether the proposed amendment to the condition would address the concerns of both the Parish Council and the neighbour that the proposal would transform a semi-detached house into a terraced house.

The comment was made by Councillor Clare that the payment of Council Tax on the annex was in effect creating two properties. Members were informed by C Cuskin, Legal Officer that this was not a material planning consideration that should be taken into account in the determination of the application. 

The Principal Planning Officer clarified that the purpose of amending condition 7 was because of the potential impact any future separation of the annex would have on the character of the area. Planning Officers were concerned about the annex becoming a separate dwelling and the potential for garden division which would adversely impact on the spatial character of a location where gardens were of a regular size.  The proposed wording would allow occupation by a tenant while still preventing the annex from being physically separated and sold separately.

In response to a question from Councillor Patterson, D Stewart, Highways Officer stated that there was space to accommodate three vehicles in the parking area to the rear of the property, which was deemed to be sufficient for the annex. The amendment to condition 7 was acceptable in highway terms.

Resolved:

That condition 7 of permission 6/2012/0172/DM be varied to remove the requirement that restricts occupation of the annex to only persons in the household of 32 Cecil Road, but retains the requirement that the annex cannot be sold as a separate dwelling, or physically separated from 32 Cecil Road by means of enclosure; and subject to an additional condition relating to parking provision and the original conditions covering the development, as outlined in the report.