Issue - meetings

(Report to follow)

PRIOR APPROVAL REQUIRED AND REFUSED

This item was taken after a decision was made on item 4.8.

Description of application – Change of use of Class B1(a) office to Class C3 Residential to form 73 residential units. (56 day application for prior approval in respect of transport and highways, contamination, flooding, noise impacts, natural light to habitable rooms under Class O Part 3 of the GPDO).

Oral representations in support of the application were received from the agent engaged by the applicant. With respect of the qualifying criteria they believed the only matter outstanding was whether the Y buildings were within the curtilage of the listed Palace building. In their opinion the case law established the criteria was whether there was an intimate connection between the listed building and the land claimed to be the curtilage. With respect to the details requiring prior approval these were all agreed to be satisfactory.

The Assistant Director, Planning reported that further objections and a letter from the agent had been received and circulated to Members. Revised plans had been received showing different bedroom sizes and therefore the issues raised in sections 7.2.14 and 7.2.17 were now resolved and officers were no longer recommending the second ground for refusal.

The Legal Representative quoted the Challenge Fencing Limited legal case which outlined the factors to be taken into account when making an assessment relating to the curtilage of a building.

Councillor Kira Gabbert considered that a full planning application should be invited and moved refusal.

Councillor Kathy Bance seconded refusal.

Members having considered the report, objections and representations, RESOLVED that PRIOR APPROVAL IS REQUIRED AND REFUSED for the following reasons:-

1.  In the opinion of the Local Planning Authority the proposed development does not comply with Class O.1(f) of Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) with respect to the requirement that the development is not within the curtilage of a listed building. The proposal does not therefore comply with the provisions, conditions and limitations of Paragraph W(3) of Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

2.  An application for planning permission is to be invited.