Agenda item

To consider a report by the Chief Planning Officer which seeks the demolition of an existing detached dwelling and construction of a replacement detached dwelling at Fulwood House, Ling Lane, Scarcroft, Leeds, LS14 3HY.

(Report attached)

The report of the Chief Planning Officer sought permission to demolish the existing residential dwelling on the site and replace it with a new residential dwelling.

This application was brought to Panel at the request of Councillor Rachael Procter who wished the Panel to consider the impact the proposal would have on the amenity of neighbouring properties.

Neighbours at Foxholes and Stone Lodge and also Scarcroft Parish Council had expressed concern in respect of loss of light, impact on private amenity, overlooking, overshadowing, over dominance, noise, noxious fumes and related underground parking the impact on the integrity of the structure on neighbouring properties retaining walls, impact on trees and traffic and road safety during the development.

Amended plans had been received proposing to move the dwelling forward by approximately 1m in order to reduce the impact upon Stone Lodge. The occupants of Stone Lodge had reviewed the revised plans and still objected for the same reasons.

Members had visited the site earlier in the day and were shown plans and photographs at the meeting.

Members were informed that the proposal included an underground garage for 12 vehicles which would be accessed by a lift.

Members were informed that the building was not located in a conservation area. However, part of the garden was located within the green belt but the proposal would not present harm to the green belt.

Members attention was drawn to 10.21 and 10.22 of the submitted report regarding noise and noxious fumes. It was proposed that an extraction system would be required from the underground garage area.

Mr Munroe the neighbour from Foxholes attended the meeting and informed the Panel of his concerns regarding the underground garage saying that more information was required in relation to how many cars would be using the space, the noise and vibration of the lift.

He also told the Panel that Linden Lodge and Pymms had been cited as similar properties but they were in fact located on larger plots.

Mr Samuel the son of the owners of Stone Lodge was also present at the meeting and spoke of his parent’s concerns in relation to the car lift for reasons of fumes, noise and vibration and the close proximity to the boundary of Stone Lodge.

Mr Samuel explained the measures that his parents had gone through when they had made changes to their property.

Mr Irving the agent and Br Burgan the applicant were at the meeting and informed Members that the application was policy compliant and that it had also been the subject of a Senior Planning Officer review. Amendments had been made to the plans as per advice received from the planning officer.

Mr Burgan informed the Panel that he and his wife had lived at the property for 25 years.

Mr Burgan informed the Panel that when development took place at Stone Lodge he had objected as he had concerns about the removal of a wood and the proximity to his own property.

Mr Burgan informed Members that he was a car enthusiast and the purpose of the garage for 12 vehicles was to be a private museum for his car collection. He explained that the car he would use on a daily basis would be kept in the garage above ground and the cars in his collection would only be used occasionally. He said that he would install an extraction system and ensure that fire regulations were adhered to.

Mr Burgan was of the view that the foundations of neighbouring homes would not be affected as he would be employing the services of a structural engineer with experience of building this type of property.

Members raised their concerns in relation to the amount of green belt that the proposed building would take up. Members were shown plans which showed the boundary and how much of the new build would encroach into the green belt.

Members raised their concerns in relation to the subterranean proposals and land stability. They were informed that officers recognised the scale of the building work and that many of the concerns raised related to building control matters.

Building control regulations and the conditions set out in the submitted report were discussed at length. Some Members indicated their concerns about the suitability of the conditions outlined in the submitted report.

Cllr. Procter requested that the application be deferred for one or more cycles to gain more information in relation to the following issues:

·  System for the extraction of fumes in the basement

·  Clarity of green belt

·  Vibration and noise of lift

·  Building control regulations in relation to subterranean building work

Members were not of a mind to defer the application.

The Panel were informed that if the neighbours had concerns they could get a structural survey prior to the commencement of the works in case any issues occurred. The Panel also noted that where works were within 3 metres of a neighbouring property the Party Boundary Wall Act came into effect.

RESOLVED – That the North and East Plans Panel resolved to grant the application as set out in the submitted report with the expansion of some of the conditions to include:

·  Structural survey of neighbouring properties

·  System for fumes extraction

·  Assessment of vibration

·  Finished floor / ground levels

·  Clarification that Condition No. 10 will be a full construction management plan