Agenda item
54A The Avenue, London NW6 7NP (Ref.09/2454)
Minutes:
Removal of two rear rooflights and installation of rear inverted dormer window with sliding doors to first floor flat
|
OFFICER RECOMMENDATION: Grant planning permission subject to conditions.
|
The Planning Manager Andy Bates in reference to the tabled supplementary information reported that there were no similar proposals within the immediate locality pointing out however that, members had previously approved open terraces and julliet balconies within roofspaces. He added that the application satisfied the key issue which was whether the extension can be erected without impacting on amenity. He continued that Building Control Officers had visited the site and noted that the loft conversion was unauthorised and did not comply with Building Regulations. He also added that Environmental Health Officers had confirmed that a noise complaint had been received in relation to the application site, in August 2009 and although the matter did not result in any action it had raised the neighbours’ concerns about future problems that they feel could arise from the proposal.
Andy Bates informed members about additional objections received from Councillor Shaw and a resident who claimed that the freeholder had not given his consent to the applicant for the proposed development. He added that most of the issues raised had been dealt with in the main report and clarified that in the absence of the freeholder’s consent, the proposed works could not commence. Andy Bates noted that the application description did not include the existing side and rear rooflights within the proposals which, as a flat, would require a separate planning consent regardless of the outcome of this application.
In accordance with the provisions of the Planning Code of Practice, Councillor Shaw, a ward member stated that she had been approached by the applicant and the freeholder. Councillor Shaw objected to the proposal on grounds of unacceptable internal layout, noise nuisance, overlooking and its detrimental impact on residential amenities, character and appearance of the area. She referred to the visit by the Council’s noise patrol team to the site as further evidence of the problem of noise nuisance in the area. Councillor Shaw added that as the freeholder of the property had not given his consent to the works to be carried out there was no justification in granting planning permission.
During discussion Councillor Anwar stated that due to its proximity, the size of the terrace would adversely impact on the amenities of the occupier of No 52 The Avenue by way of noise. The Chair added that by opening outwards, the dormer would be inappropriate and could give rise to overlooking and loss of privacy.
Steve Weeks in responding to requests about the use stated that further clarification sought from the applicant and agent as to the current and proposed use of the roofspace had confirmed that it would be a photography studio/study. This was classified as a work from home facility and ancillary to the residential use.
Members were however minded to refuse planning permission contrary to officers’ recommendation for approval for the following reasons; scale of the terrace area and the size of the balcony on the second floor.
In accordance with the provisions of the Planning Code of Practice, voting on the recommendation for approval was recorded as follows;
FOR: Councillor Powney, CJ Patel, R Moher and Thomas (4)
AGAINST: Councillor Kansagra, Anwar, Baker, Steel and Jackson (5)
ABSTENTION: Councillor Hashmi (1)
DECISION: Planning permission refused. |
Note: Councillor Cummins declared that he had been approached by the applicant, withdrew from the meeting room and took no part in the discussion or voting on this application.
Supporting documents:
- 14, 54A The Avenue London NW6 7NP, item 14. PDF 225 KB
- Supplementary Information The Avenue, item 14. PDF 47 KB