Agenda item

NED/23/00373/FL - KILLAMARSH

Meeting of Planning Committee, Tuesday, 5th December, 2023 2.00 pm (Item PLA/52/23-24)

Revised proposal for Change of Use from Retail Shop to Micro Pub, including two storey side extension (Resubmission of previously refused application 22/00055/FL) at 44 Cherry Tree Drive, Killamarsh.

(Planning Manager – Development Management)

Minutes:

The report to Committee explained that an Application had been submitted for the Change of Use from Retail Shop to Micro Pub, including a two-storey side extension, at 44 Cherry Tree Drive, Killamarsh. This was a resubmission of a previous refused application and involved revised proposals.

The Application had been referred to Committee by Local Ward Member Councillor S Clough, who had raised concerns about it.

Planning Committee was recommended to approve the Application. The report to Committee explained the reasons for this.

Officers contended that the proposed change of use to a Micro Pub and construction of a two-storey side extension would be an acceptable form of development. Although officers acknowledged that there would be potential for greater noise and disturbance as a result of this, they felt that any risk could be controlled through the imposition of appropriate planning conditions. The risk could also be controlled as part of any application for the Micro Pub to serve alcohol on the premises. Members were reminded that such licensing applications were separate to the Planning process.

Before Committee considered the Application it heard from J Groves, Agent for the Application, who spoke in support of it. No one had registered to speak against the Application.

Committee considered the Application. It took into account its location within the Settlement Development Limits for Killamarsh. It considered the relevant Local and National Planning Policies. These included Local Policy SS1 on Sustainable Development and Local Plan Policy SS2, on the Distribution of Development. In this context, Committee was reminded that the Policy seeks to support and enhance the role for Killamarsh and the District’s other ‘Level 1` towns, by supporting their ability to sustain services and facilities through new development.

Planning Committee took into account Local Plan Policy SS7 on appropriate development Local Plan Policies ID4 and ID5 on the maintenance of Social Infrastructure and Local Plan Policy SD12, High Quality Design and Place making. Committee also took into account the overarching aims of the National Planning Policy Framework.

Members discussed the report. As part of this, they received confirmation that the site for the proposed extension was owned by the Applicant. Some Members raised concerns about the possible noise impact of the change of use. Other Members felt that these concerns could be addressed through the imposition of appropriate conditions and through the separate process for licensing premises to sell alcohol. Some Members raised concerns about the possible impact of the change of use on parking in the surrounding area. Members were informed that the Highway Authority had concluded that the proposed change of use would not result in a greater demand for parking than at the moment.

At the conclusion of the discussion Councillor D Hancock and Councillor K Rouse moved and seconded a Motion that the Application be approved, in line with officer recommendations. The Application was put to the vote and was approved.

RESOLVED -

That Application be conditionally approved, in line with officer recommendations.

That the final wording of the conditions be delegated to the Planning Manager (Development Management).

Conditions

1. The development hereby permitted shall be started within three years from the date of this permission.

Reason - To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The development hereby approved shall be carried out in accordance with the submitted site location plan (2142), proposed floor plans (02 Rev A) and proposed elevations (03 Rev A) unless otherwise specifically agreed in writing by the Local Planning Authority or otherwise required by any other condition in this decision notice.

Reason- For clarity and the avoidance of doubt.

3. The proposed materials shall match those of the existing building as closely as possible.

Reason - In the interests of the appearance of the area and in accordance with Policies SDC12of the North East Derbyshire Local Plan

4. The first floor windows proposed in the northern and western elevation of the extension shall be fitted with obscure glazing and any part of the window(s) that is less than 1.7m above the floor of the room in which it is installed shall be non-opening, prior to the extension/dwelling hereby approved being brought into use. The obscure glazing shall be installed in order to provide of level of obscurity at least equivalent to level 3 on the Pilkington Glass scale and the glazing shall be retained as such thereafter.