Agenda item - BH2013/02536 - Rock Clinic, 8 Western Street, Brighton - Full Planning

Rebuilding of rear first floor extension, replacement of first floor flat roof with additional overhang and replacement railings.(Retrospective).

RECOMMENDATION – GRANT

(1)          The Area Planning Manager, Nicola Hurley, gave a presentation by reference to photographs showing the site before and after completion of the works and elevational drawings and plans showing the pre-existing first floor rear elevation and proposed elevations

(2)          Retrospective Permission was sought for rebuilding of the rearfirst floor extension, replacement of first floor flat roof with additional overhang and replacement railings. It was considered that the proposed alterations preserved the character and appearance of the host property and the surrounding conservation area and would not significantly affect the amenity of any adjacent properties. Approval was therefore recommended.

              Public Speaker(s) and Questions

(3)          Ms Diggins spoke as a neighbouring objector to the scheme stating that works had been commenced without her knowledge or permission and without the necessary party wall agreement being put into place. An area in contention was in her ownership, not the applicants, there had been significant damage to her property in addition to the overlooking, sense of enclosure and loss of amenity which had arisen.

(4)          Mr Withers, the applicant spoke in support of his application. He stated that he had sought to contact Ms Diggins regarding the proposed works and had supplied evidence that the area concerned was in his ownership. Unfortunately the matter had become a neighbour dispute and relations had become strained. The roof overhang which was disputed actually overhung his property, any alleged encroachment that had taken place had occurred on his property not that of the objector. The roof top area had been fitted with railings for the safety of clients attending the clinic and would not be used as a sitting out area.

              Questions for Officers

(5)          Councillor Jones enquired regarding any discussions that had taken place between the applicant and neighbours and was advised by the applicant that he had provided documents indicating that the area in dispute was within his ownership.[

(6)          Councillor Davey stated that he was confused as he was struggling to see why the issue had been brought before the Committee for determination and found it difficult to understand why permission was needed and what was being replaced.

(7)          The Area Planning Manager confirmed that there were no permitted development rights and that planning permission was required because the works represented additions to the existing structure.

(8)          Councillor Wells stated that as far as he could determine permission was being requested for an additional overhang to the building retrospectively, he considered this to be unsatisfactory as it appeared that the neighbours property was being encroached upon. The Area Planning Manager confirmed that having received a Certificate of Ownership from the applicants, the local planning authority were unable to pursue that issue further. The Legal Adviser to the Committee, Hilary Woodward confirmed that constituted a civil matter.

              Debate and Decision Making Process

(9)          The Chair, Councillor Mac Cafferty, stated that a number of the issues cited were civil matters and did not fall within the remit of the Committee.

(10)       Councillor Hyde stated indicated the elements for which she considered planning permission was required and sought confirmation that conditions would be added to any permission granted in order to restrict use of the flat roof area. It was confirmed that this would be the case.

(11)       A vote was taken and of the 10 members present when the vote was taken planning permission was granted on a vote of 3 with 7 abstentions.

43.8       RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in section 11 and the policies and guidance in section 7 of the report and resolves to GRANT planning permission subject to the Conditions and Informatives set out in section 11.

              Note: Councillors Gilbey and Phillips were absent from the meeting when the vote was taken.