Agenda item

Alteration of existing building to provide increased/reconfigured living accommodation to 6 apartments (use class C3) including conservatory to gable elevation.

The Planning Officer, Lisa Morina, gave a detailed presentation on the report relating to the abovementioned planning application, a copy of which had been circulated (for copy see file of minutes).  Members noted that the written report was supplemented by a visual presentation which included photographs of the site.  The application was for alteration of existing building to provide increased/reconfigured living accommodation to 6 apartments (use class C3) including conservatory to gable elevation (revised scheme) and was recommended for approval subject to conditions.

The Planning Officer, LM explained there were several updates to the report including, similarly to the previous application, the site was within the City of Durham Neighbourhood Plan area and therefore weight would need to be given to the policies contained within the draft plan, namely policies: S1 – Sustainability, H2 – Development within the Conservation Area; D6 – extensions; and T1 and T2 relating to transport and parking.  She noted that the application was considered to be consistent with those policies.  It was explained that the City of Durham Parish Council had, since the publication of the report, withdrawn their objections, following the amendment to the application, to be discussed further within the presentation.  She asked Members to note that some comments from objectors related to the potential for a house in multiple occupation (HMO), however, the application was for householder alterations only, not for change of use from C3 to C4 use and therefore the application had not been assessed as a HMO application.  She added that the property was located within the Article 4 Direction area and therefore there was the ability to control use should an application for C4 use be submitted.

The Planning Officer, LM referred to aerial photographs and location plans and noted the property was unlisted and located within the City of Durham Conservation Area.  She noted historic maps showed that the property was built in between 1860-1894 and it, along with the other properties along Victoria Terrace and Albert Street were considered to be the finest examples in Durham of planned domestic architecture.  She noted the application was for reconfigured living accommodation under the C3 use class, with an external fire escape to be removed from the front elevation and for a conservatory to the side elevation to replace the remains of previous development.  She added that replacement windows were also proposed.  She added that the application was requested for consideration by Committee at the request of the City of Durham Parish Council on the basis of objections relating to design and use class issues.  She reiterated that those objections had been withdrawn following amendments to the application. 

The Planning Officer, LM noted the original application had included a two-storey extension to the rear, withdrawn by the Applicant in relation to the impact upon residential amenity for the neighbouring properties.  She added that there was a parking area on the original application, this too being removed by the Applicant in terms of the impact upon the Conservation Area and protected trees.  Members were asked to note the current and proposed layouts for each floor within the property, for a total increase of 5 bedrooms across all floors.

The Planning Officer, LM noted no objections from the Highways Section as the application was within a controlled parking area and the Design and Conservation Team noting a neutral impact in terms of the Conservation Area.  She added the Ecology Section and Tree Officers offered no objections, subject to conditions.

In terms of representations, the Committee were asked to note there had been three letters of objection from residents and the City of Durham Trust, with concerns including the total number of bedrooms, external alterations – relating to the withdrawn element, the car parking area – again removed from the application; a lack of pre-application discussions; and a lack of details relating to whether the application was for C3 or C4 use.  She added there was support for the removal of the fire escape and tidying up of the property.  Following re-consultation, subsequent to the removal of the extension and car parking elements, the City of Durham Trust submitted additional comments welcoming removal of those elements, however, reiterating their concern in terms of HMO status and the increase in bedroom space on general residential amenity.  She noted that the City of Durham Trust also asked for the consideration of some additional conditions relating to the garden, steps and trees should the application be approved.

The Planning Officer, LM noted that the principle of the development was set out within the report and reiterated there had been no objections from Officer consultees subject to conditions.  She concluded noting that, as the application was felt to meet all the necessary policies within the NPPF, Local Plan and requirements of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the application was recommended for approval.

The Chair thanked the Planning Officer, LM and noted Mr John White, Agent for the Applicant was in attendance to speak on behalf of the Applicant in support of the application.

Mr J White thanked the Chair and Committee and noted the Applicant had recently acquired the property and it had not been in a good state of repair and had been unsympathetically altered over a significant period of time.

He noted the brief in preparing the proposals for refurbishment were to restore the property to its former glory whilst increasing its marketability and desirability to potential tenants.  He added it was hoped the development would have a significant positive effect on the building, setting, the local area and the wider Conservation Area.  He noted issues to be considered included removal of the fire escape, replacement of the unsympathetic windows with painted timber windows, a timber conservatory in a period style in the location where one had been previous situated, and internal alterations to allow for the removal of the external fire escape and increase marketability.  He noted this would allow for repair and restoration of the paving, steps and garden which would improve the wider environment and Conservation Area.  He added proposed alterations would allow direct access from the ground floor flats to the garden, allowing better use of that space.  He noted that throughout the process it had been noted the property was occupied by a mix of families and professionals and that this would be how the property would be marketed and the use would remain as C3.  He reiterated there was no desire from the Applicant to change the use class, and as mentioned by the Case Officer the property was within the Article 4 area and therefore would be controlled by the Committee should that ever be required, though he reiterated there was no desire from his Client to seek a change of use.  He concluded by noting the intention was for the property to remain for use by families and professionals, with the proposals to increase the revenue from the property to allow for repairs and refurbishment and to maintain the property for the future.

The Chair thanked Mr J White and asked the Committee for their comments and questions.

Councillor J Shuttleworth noted he felt it was a very simple decision for Committee and he proposed approval.  Councillor P Taylor noted he warmly welcomed the application and seconded the application while giving appreciation to Mr J White and the Applicant, adding it was nice to see an Applicant listening to the concerns of residents and making changes to an application so that it would fit in sympathetically within the city

Councillor D Freeman noted he too welcomed the revised application, adding he would have opposed the application in its original form.  He echoed the comments of Councillor P Taylor and emphasised that improvements to the garden would be greatly appreciated, would very much enhance the property and potential income for the owner and therefore he too supported the application.

RESOLVED

That the application be APPROVED subject to the conditions as set out within the Officer’s report.