Agenda item

First floor rear extension. Boundary wall to front and side. Change of use and extension of garage to form retail unit (resubmission). [Dringhouses and Woodthorpe Ward] [Site Visit]

Members considered a full application from Mr John McGarry for a first floor rear extension with a boundary wall to the front and side and change of use and extension of the garage to form a retail unit (resubmission)

Officers advised Members that a letter of objection had been received from the adjoining neighbour at 41 West Thorpe, who objected on the following grounds:-

• Proposed first floor extension would still overshadow and still be in view from the lounge window.
• Hipped roof does little to reduce the extension’s dominant size
• Dominant site on the corner of West Thorpe
• Extending the width of the garage will decrease the space between the garage and existing extension and will disrupt the light entering the garden
• Noise intrusion from the proposed workshop

They also advised that the Dringhouses/Woodthorpe Planning Panel raised no objections but made the following comments:

• While the retail outlet will be very minor it must be sanctioned by council officials who may have rules regarding such isolated uses in residential areas
• Should be a condition preventing enlargement of the retail unit incase of change of ownership.

(In response to this concern, officers advised that Condition 5 restricted use of the unit to the named user and also restricted its type of use)

Members stated that they did not have particularly detailed information on the applicant’s intended use of the unit for but noted that one of these uses was key cutting. They remarked that the grinding equipment used in key cutting is extremely noisy and were concerned this may effect neighbours. They agreed that a retail unit with a shop front and facia sign would not be suitable in this residential location and did not agree with the height and design of the fence panel proposed. They also raised the issue of where customers would park when visiting the business.

RESOLVED:             That the application be refused.

REASON:                  1. The extension of the garage to create a retail shop is inappropriate in this residential area because it will result in noise and disturbance that would be harmful to the living conditions of neighbouring properties and the residential character of the area. Furthermore the lack of on site customer parking will result in customers parking on adjacent roads. As such the proposal is contrary to Development Control Local Plan policy GP1 which states that development proposals will be expected to respect and enhance the local environment and ensure that residents living nearby are not unduly affected by noise and disturbance and policy S10 which states that permission will be granted for a new local shop provided that there is no adverse effect on the amenity of neighbouring properties or the character of the area.

2. The proposed fence panels to the wall as shown on drawing no. MWT/102 and MWT/1/08 by reason of their height and design and location on a prominent corner site would be harmful to the appearance of the street scene which is characterised by low walls, fences and hedges that present a more open aspect to the street. The proposal is therefore contrary to policy GP1 of the Local Plan which states that development proposals will be expected to respect or enhance the local environment and be of a design that is compatible with the character of the area.