Agenda item

Change of use from C3 dwellinghouse to mixed use C3 dwellinghouse and sui generis dog breeders (retrospective)

Late items received after preparation of main agenda:

Introduction:-

Following the publication of the officer committee report, the following additional information was received on 04.08.2021 from the Council’s Environmental Health Officer (EHO):

·                         Further justification for the recommended 1 year temporary permission has been provided. The EHO has considered the application in the context of previous dealings with the site where advice has been provided to the applicant with regards to managing any existing impacts.

·                         The EHO has provided further advice on the detail required within the noise and odour management plan recommended in condition 5 of the Officer’s report. According to the advice of the EHO, the management plan requested would need to detail a limit upon the times and numbers of dogs outside at any time, how noise within the house is controlled and set out the arrangements for when the dogs are left unaccompanied for both short and prolonged periods. The plan would also need to detail how, with what and when outdoor areas on site are kept clean and how odour is controlled for storage of waste.

Following the publication of the committee report, the following statement was provided by the applicant on 14.08.2021 who is unable to attend the planning committee meeting:

·                         “We have never needed planning permission before as no changes have been made to the family home, I did provide a copy of the letter confirming this. We are now in this position which we have followed as it is required but again no changes have been made to the family home that could warrant a change of use. Our home has 3 bedrooms, bathroom, front room and a kitchen and of course a hallway. There is nothing additional specific to business use, our dogs are our family pets first and foremost and are treated this way as part of the family.”

Appraisal:-

The assessment made with regards to the officer recommendation for temporary planning permission remains unchanged as per the additional information received from Environmental Health.

However, it is recommended condition 5 be amended to be read as follows:

5.           Within 1 month of the date of this decision, a management plan for protecting existing dwellings from noise and odour from the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The management plan should include detail on the following:

·         A limit upon the times and numbers of dogs outside at any time

The development shall be carried out in full accordance with the approved details.

Reason: To ensure that the proposed use does not become a source of annoyance to nearby residents in accordance with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

In response to the statement received from the applicant, each site and application is assessed upon its own merits by the local planning authority and in this instance planning permission is required for a change of use from a C3 dwellinghouse to mixed use C3 dwellinghouse and sui generis dog breeders (retrospective).

The recommendation to approve is unchanged from the already published officer committee report.

Application for change of use from C3 dwellinghouse to mixed use C3 dwellinghouse and sui generis dog breeders (retrospective).

An objector spoke on this application on his own behalf and also on behalf of another objector who was unable to attend.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the activities would have an impact on neighbours in respect of noise and odour. It was moved by Councillor Flemming and seconded by Councillor Lynch that permission be refused on the basis that the use proposed due to the number of dogs that would be kept at the property would lead to significant noise and odour impacts which would be detrimental to the residential amenity of surrounding properties and would therefore be contrary to policies DM7 and DM10 of the Site Allocations & Development Management Policies DPD. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused as the proposed use due to the number of dogs that would be kept at the property would lead to significant noise and odour impacts which would be detrimental to the residential amenity of surrounding properties and would therefore be contrary to policies DM7 and DM10 of the Site Allocations & Development Management Policies DPD.