Agenda item

To consider a report of the Chief Planning Officer on an application for a conservatory with external access ramp to rear

(report attached)

  Plans, drawings and photographs were displayed at the meeting.  A site visit had taken place earlier in the day which some Members had attended

  Officers presented the report which sought permission for a detached conservatory to the rear of the existing community centre at 166 Shadwell Lane LS17

  Members were informed that the building had planning permission for cultural and social centre use and was used by the Khoja community.  A fabric marquee was sited on the rear of the patio area and was used for eating after prayers

  The proposals would see the removal of the marquee and the erection of a conservatory constructed in brick with UPVC glazed panels and a polycarbonate roof.  A glazed link between the building and the conservatory would be included which would help address potential noise nuisance

  Officers reported the receipt of two additional letters of objection and outlined the concerns raised in these, particularly the breach of planning control through the erection of the marquee and breaches of opening hours

  Members were informed that enforcement action in respect of the marquee had been held in abeyance until the outcome of the current application was known.  Regarding breaches of opening hours, an investigation into this matter was currently underway

  The Panel heard representations from the applicant’s architect and from Councillor Ronnie Feldman on behalf of a neighbour

  Members discussed the following matters:

·  the size of the conservatory with some Members of the view that it was in keeping with the host property, whereas other Members expressed concern at the size of the proposed development and that it would lead to an intensification of the use of the site

·  whether the increase in size of the conservatory would encourage its use by more people

·  the proposed use of the conservatory and whether this use could be restricted to eating only

·  the hours of use with the suggestion being made that these should be restricted to 8pm each evening

·  the representations made regarding neighbour nuisance; how this had been dealt with; the enforcement action which had been taken and the impact of the proposals on neighbour amenity

The Panel’s Lead Officer stated that the enforcement issues were

separate from the merits of the planning application and should not form any part of the Panel’s decision.   It was further set out that the Council had served an Enforcement Notice that sought the removal of the marquee.   An appeal had been lodged and this was due to be heard on 20^th October.  It was part of the appellant’s case that the marquee was immune from planning control;  if the appellant was correct then the appeal would be allowed.   The proposal before Members sought to provide a solution which allowed the applicant to carry on their activities whilst protecting the amenities of neighbouring residents

  Members considered how to proceed

  RESOLVED -  That determination of the application be deferred to enable further discussions with both parties regarding the proposed use of the conservatory and the permitted hours and that the Chief Planning Officer be asked to submit a further report reporting on the outcome of these negotiations