Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

            The Development Manager detailed the background to the report and explained that the proposal was for the erection of a detached garage which was a stand-alone building with a ridge height of 4.21 metres.  The garage would be rendered to match the existing property and was considered to be subsidiary to the main dwelling.  The proposed vehicular access to the garage would be via a new access on to a private road adjacent to the rear boundary of the site.  The Development Manager indicated that the access onto the private road did not require planning permission and permission was only needed because the height of the building exceeded four metres.  There had been a number of objections to the proposal because of the access but the Development Manager reminded the Committee that they were only considering the erection of a building in the back garden of the dwelling.  He added that whether the applicant had a right to drive her vehicle over the private road was not a planning consideration and if the application was approved, it would be stated in the decision notice that approval did not grant any rights to use the private land. 

            The applicant, Miss. G. Jones, had registered to speak on the application but withdrew her request following the opening comments of the Development Manager.   

            Councillor Chris Bithell proposed the recommendation for approval which was duly seconded.  He said that the issue of the use of the private road was a civil matter and that the objectors could pursue the issue through a solicitor.

            The Chairman exercised his discretion to allow the Local Member, Councillor Nigel Steele-Mortimer, to speak on the application. 

            Councillor Steele-Mortimer requested a deferment of one month as he was anxious to come to an agreement between the two parties to everyone’s advantage.  He added that the applicant had circulated a letter to the objectors and he felt that deferral would allow discussions to take place between the applicant and the objectors.  If the deferment was granted, Councillor Steel-Mortimer said that he would withdraw his request for the application to be considered by the Committee and would allow officers to determine the application after the deferral of a month.  He added that if the proposal was agreed at this meeting, objectors would feel less likely to discuss any possible agreement with the applicant. 

            In response, the Housing & Planning Solicitor said that if the application was deferred, it would need to come back to Committee for determination, but he added that there was no planning reason put forward to defer the application.  The Development Manager advised that access on the private road was a civil matter and therefore the Committee was only being asked to grant a building in the grounds of the property. 

            Councillor Owen Thomas queried whether permission should be given for a garage if there was no access from the private road.  The Housing & Planning Solicitor confirmed that approval of the garage could be made as whether or not the applicant was able to use the private road was not a planning matter and therefore should not form part of the Committee’s determination. 

            Councillor Alison Halford proposed deferment of the application for one month, as requested by the Local Member, and this was duly seconded. 

            On being put to the vote, the proposal to defer the application was LOST.

            In summing up, Councillor Bithell said that he hoped the applicant and objectors could reach an amicable agreement with the help of Councillor Steele-Mortimer but that the Committee only needed to consider the planning merits of the application.  He added that in planning terms there were no objections to the proposal. 

            On being put to the vote, the proposal to approve the application was CARRIED.   

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).