Agenda and minutes

None declared.

The Chair welcomed everyone to the meeting and advised that parties to the Review were not permitted to address the Local Review Body.  He advised that the only participants entitled to speak would be the Members of the LRB panel and Mr Reppke who would provide procedural advice if required.

The Chairman advised that his first task would be to establish whether or not the LRB felt they had sufficient information before them to reach a decision on the Review.  The Board agreed unanimously that they had enough information to make a decision on the application and agreed to proceed to determine the case.

Councillor Kinniburgh advised that taking into consideration the plans and all other documentation before him, he fully understood the Planner’s reasons for refusal of the planning application in respect of lack of residential amenity space and bad neighbour development in reverse.  He noted the applicant’s statement that they had not been given the opportunity to address these issues at the pre planning application stage but could still understand why the decision to refuse was made.  He did not feel that a site inspection was necessary, as requested by the Applicant, as the copies of the plans and photographs provided to the LRB were sufficient.

Councillor Devon agreed that there would be a poor level of residential amenity space for future occupants of the proposed flats and that the applicant had not demonstrated that the garage would not have a significant impact for future occupants of the proposed flats.  She also felt that delineating of the existing parking area would have an impact on the surrounding area.

Councillor McCuish agreed with all the reasons for refusal set out in the Planner’s report and felt that the application was contrary to too many policies to differ from the Planner’s recommendation.

Decision

It was unanimously agreed to refuse the application on the following grounds:-

1.             The creation of an additional storey over the existing garage to accommodate two flats largely within the new roof space of the heightened building would result in a poor standard of residential amenity for future occupants given the lack of external amenity space.  The lack of any amenity space for such a new build scheme would be contrary to the provisions of Appendix A Sustainable Siting and Design Principles of the Argyll and Bute Local Plan (4.2) that requires that “all development should have some private space”.  Accordingly, the proposal for two flats without any private amenity space whatsoever would create a poor level of residential amenity and would be contrary to Policy LP ENV 19 ‘Development Setting, Layout and Design’ including Appendix A Sustainable Siting and Design Principles and Policy LP HOU 1 of the Argyll and Bute Local Plan (2009);

2.             Given the lawful use of the Class 5 activities within the existing repair garage, the creation of two flats above the garage would result in a poor standard of amenity for future occupants of the flats, given the range of uses which could be carried out without the benefit of planning permission, resulting in disturbance generated by noise, dust, particulates and activities associated with such an industrial use.  Furthermore, the introduction of residential uses above the existing garage building with associated window openings and roof lights could result in nuisance from smell, fumes and odours from the garage use below without the benefit of a suitable ventilation system to clear the residential units.  Accordingly, to introduce a noise sensitive use above an existing industrial building would be contrary to PAN 56 “Planning and Noise”, Policy LP ENV 19 ‘Development Setting, Layout and Design’ including Appendix A Sustainable Siting and Design Principles and Policy LP BAD 2 ‘Bad Neighbour Development in Reverse’ of the Argyll and Bute Local Plan (August 2009); and

3.             The intensification of the existing industrial building to provide two flats would result in the loss of three car parking spaces from the existing off-street car parking area in the lane east of Jane Street.  The proposal to create two additional flats, coupled with the loss of three car parking spaces would increase demand on the available unallocated on-street car parking in this part of Jane Street and exacerbate existing parking problems.  Accordingly, the proposal would be contrary to Policy LP TRAN 6 Vehicle Parking Provision of the Argyll and Bute Local Plan (2009).

(Reference: Notice of Review and Supporting Documents, Comments from Interested Parties, Applicant’s Response to Comments from Interested Parties, submitted)