Agenda item

To receive the report of the Chief Planning Officer for a retrospective application for double garage with gym, snooker and cinema rooms above at Ling Beeches, Ling Lane, Scarcroft, LS14 3HX.

(Report attached)

The report of the Chief Officer asked Members to note the appeal decision on a retrospective application for double garage with gym, snooker and cinema rooms above at Ling Beeches, Ling Lane, Scarcroft, Leeds.

The application had been before the North and East Plans Panel on 7^th April 2016. Minute 178 refers

Members were reminded that the planning application had been recommended for approval by officer’s, however the North and East Plans Panel resolved to refuse permission for reasons relating to the harmful impact the development would have upon the living conditions of the neighbouring dwellings by loss of privacy, loss of sunlight and daylight: and by way of over dominance. It was also considered that the proposal, due to its scale and design, formed a disproportionate and unsympathetic addition when compared to the main dwelling. The Council served an Enforcement Notice requiring the demolition of the building.

The applicant lodged appeals against the refusal of permission and the service of the enforcement notice.

Members were informed that the key issues identified by the Inspector were the effect of the building on; first the amenities of the neighbouring residents, and second, on the character and visual amenity of the area.

Members had been provided with a summary of the Inspectors comments a paragraph3 of the submitted report.

The Group Manager highlighted the following comments of the Inspector:

·  The Inspector had noted that the plans showed the eastern windows being blocked and accepted that this would overcome any concerns relating to overlooking issues.

·  The Inspector imposed a condition that required the building to be completed in accordance with the approved drawings

·  The Inspector had noted the scale and proximity of trees within the site and said that they cast a shade over the neighbouring residential properties in the afternoon sun as it set in the west. The Inspector suggested that the building was also shaded by the trees and did not cast any shadow outside of those cast by the trees. Therefore there was no loss of sunlight or daylight on neighbouring properties.

·  The Inspector noted the size and bulk of the building in relation to the main dwelling but did not find that it was in completion given the size of the plot in which it sits.

·  The Inspector stated that there was nothing particularly offensive in the design of the building and stated that the three dormers on the front of the building were symmetrically positioned. He was of the view that they were not dominant or prominent.

·  The Inspector described the building as functional and as being appropriate for its purpose and ancillary to the residential use of the dwelling.

·  The Inspector was of the opinion that the vegetation on the site effectively screened the building from Ling Lane.

Members were informed that the planning appeal was allowed subject to conditions by letter dated 1^st February 2017. In light of the Inspector’s decision in respect of the planning appeal the Inspector quashed the enforcement notice and the enforcement appeal was allowed and planning permission therefore was granted for the building.

RESOLVED – That Members note the appeal decisions.