Agenda item

Report No: DEV/WS/19/009

Retrospective Planning Application - Change of use from single dwelling house (use Class C3) to a holiday let property (sui generis)

Retrospective Planning Application - Change of use from single dwelling house (use Class C3) to a holiday let property (sui generis)

This application was referred to the Development Control Committee following consideration by the Delegation Panel where, due to the public interest in the application, Members resolved that it should be presented to the Development Control Committee.

A Member site visit was held prior to the meeting.  The Parish Council objected to the application which was in conflict with the Officer recommendation of approval, subject to conditions, as set out in Paragraph 92 of Report No DEV/WS/19/009.

As part of his presentation the Senior Planning Officer tabled a copy of the noise policy which the applicant’s had implemented for all bookings at the property.

Speakers:    Nigel French (neighbour objector) spoke against the application

                   Robert Snelling (neighbour objector) spoke against the application

                   Councillor Miranda Martin (Vice Chairman, Market Weston Parish Council) spoke against the application

                   Councillor Carol Bull (Ward Member: Barningham) spoke on the application on behalf of village residents

                   Juliet Hargrave (applicant) spoke in support of the application

Considerable debate took place by Members with a number commenting on the lack of amenity that village residents received directly from the premises (when operating as a holiday let) together with the limited control the Local Authority had on businesses of this nature.

Some of the Committee also remarked on the distinctive rural nature of Market Weston and how noise travels much further in the countryside, thereby, affecting amenity even if noise levels fell below statutory nuisance legislation.

In response to questions, the Lawyer advising the meeting explained that one of the tests for proposed conditions was enforceability.  Hence, Officers did not recommend the inclusion of a condition in relation to the control of noise levels in relation to when and where music was played as this could be covered by other legislation, however, as referenced in the comments by Public Health and Housing, a condition could be included in respect of external lighting.

The Service Manager (Planning – Development) added that a noise management plan could also be requested via a condition.

Councillor Peter Stevens asked if it would be possible for permission to be granted on a temporary basis and the Service Manager (Planning – Development) confirmed that she considered this to be reasonable in this instance and would recommend a temporary period of 1 year.

Accordingly, Councillor Stevens proposed that the application be approved, as per the Officer recommendation, for a temporary period of 1 year, inclusive of a noise management plan and a lighting condition.  This was duly seconded by Councillor Don Waldron.

(Prior to taking the vote the Chair permitted a short comfort break.)

Upon being put to the vote and with 8 voting for the motion, 7 against and with 1 abstention, it was resolved that

Decision

Planning permission be GRANTED FOR A TEMPORARY PERIOD OF 1 YEAR subject to the following conditions:

1        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

 2       Within 3 months from the date of this permission, details of the areas to be provided for the storage and presentation of Refuse/Recycling bins shall be submitted to and approved in writing by the Local Planning Authority.

          The approved scheme shall be carried out in its entirety within 2 months from the date of the details being agreed by the LPA and shall be retained thereafter for no other purpose

 3       Within 3 months from the date of this permission, details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed.

 4       Within 6 months from the date of this planning permission, the holiday let property hereby approved shall be provided with an operational electric vehicle charge point at a reasonably and practicably accessible location, with an electric supply to the charge point capable of providing a 7kW charge.

 5       Noise Management Plan.

 6       External lighting condition.