Agenda item - BH2012/00587 - 20 Rutland Gardens

Change of use from residential house (C3) to child care facilities (D1) with self contained living accommodation to second floor.

Recommendation – REFUSE

E.        BH2012/00587 – 20 Rutland Gardens, Hove

(1)       Change of use from residential house (C3) to child care facilities (D1) with self contained living accommodation to second floor.

(2)       The Area Planning Manager (West), Mrs Hurley gave a presentation detailing the proposals by reference to photographs, site plan, proposed floor plans and elevational drawings. Mrs Hurley went on to explain that representations had been received concerning potential reduction of value on neighbouring properties. This was not however a material planning consideration that could be taken in to account in a planning application. The impact of the development on neighbouring occupiers had been assessed in the relevant section of the report. In regards to concerns about setting a precedent for this type of application, and the potential for future proposals to increase the number of children over time, each application would need to be assessed on its own merits.

(3)       It was considered that the conversion of this semi-detached property with a small garden from a residential house to a nursery would give rise to potential significant noise and disturbance to the occupiers of neighbouring properties. In the absence of an acoustic report, the applicant had failed to demonstrate that the premises can operate whilst preserving the residential amenity of neighbouring occupiers. The proposal is contrary to policies SU10 and QD27 of the Brighton & Hove Local Plan which seek to protect amenity, refusal was therefore recommended.

            Questions of Officers, Debate and Decision Making

(4)       Councillors A Norman and Mrs Theobald sought confirmation that the applicant had been aware that of the requirement to provide an acoustic report and it was explained that they had been made aware and had done so in respect of their existing premises in Scott Road, Hove.

(5)       Councillors Gilbey and Mrs Theobald sought clarification regarding the size of the outside space /garden and it was confirmed that this was approximately 49 sqm.

(6)       Councillor Mrs Theobald stated that whist the need for increased nursery provision was recognised she considered the application site to be inappropriate, both the building itself, a semi detached dwelling house and its associated garden which in her view were too small for this use. Councillor A Norman concurred in that view.

(7)       Councillor Hawtree was in agreement that the application should be refused.

(8)       A vote was taken and Members voted unanimously that planning permission be refused.

187.5    RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to REFUSE planning permission for the following reason:

1. The conversion of this semi-detached property with a small garden from a residential house to a nursery gives rise to potential significant noise and disturbance to neighbouring properties. In the absence of an acoustic report, the applicant has failed to demonstrate that the premises can operate whilst preserving the residential amenity of neighbouring occupiers. The proposal is contrary to policies SU10 and QD7 of the Brighton & Hove Local Plan which seek to protect amenity.

Informatives:

               1. This decision is based drawing nos.2011.64.01 02 and supporting statements received on 24 February 2012.