Agenda item

26/00320/FUL – Change of use of habitable room to aesthetics clinic (Use Class E).

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highway Engineer, Environmental Health Officer, and Darlington Association on Disability ; and also the Applicant and an Objector, whom the committee heard.)

The Committee entered into discussion, and a motion was moved to defer the item until further consultation had been undertaken with Darlington Association on Disability, which was seconded.

An amendment was moved to this motion to grant Planning Permission subject to the proposed conditions outlined in the report, which was seconded, and after a vote was carried.

The amendment then became the substantive motion, which was carried.

RESOLVED: That planning permission be granted subject to the following conditions:

1.      A3 Implementation Limit (Three Years) The development hereby permitted shall be commenced not later than the expiration of three years from the date of this permission.

REASON - To accord with the provisions of Section 91(1) of the Town and Country Planning Act, 1990.

2.      The development hereby permitted shall be carried out in accordance with the approved plan, as detailed below:

• Proposed Site Layout Plan to Rear Dwg. No. 25.109 04 Rev A

• Proposed Elevations Dwg. No. 25.109 05

• Proposed Block Plan Dwg. No. 25.109 06

REASON – To ensure the development is carried out in accordance with the planning permission.

3.      This permission shall be solely operated for the benefit of the applicant, Mrs Ranjit Kaur and shall not run with the land and in the event of Mrs Ranjit Kaur vacating the premises the detached garden structure shall revert to a use ancillary to the main residential use of the application property.

REASON – In granting this permission the Local Planning Authority has had regard to the special circumstances of the case and wishes to have the opportunity of exercising control over subsequent use in the event of Mrs Ranjit Kaur vacating the premises.

4.      The Aesthetics Clinic hereby approved shall not be open for business outside the hours of 9am – 6pm Monday to Friday, 9am - 2pm on a Saturday, and there shall be no opening on Sunday or Bank/Public Holidays.

REASON – In the interest residential amenity.

5.      The premises shall be used only as an Aesthetics Clinic and for no other purpose (including any other use in Class E of the schedule to the Town and Country Planning (Use Classes) Order 1987 or any Order revoking and re-enacting that Order).

REASON – The Local Planning Authority is satisfied that the use hereby approved would not result in detriment to adjoining properties but would wish to control future changes of use within the same class in the interests of amenity.

6.       A minimum of one parking space shall be provided within the curtilage of the property and shall remain available for use by customers during the hours set out in condition 4 of this permission.

REASON – In the interest of highway safety.

7.      Prior to the commencement of the use, the details of a path (dimensions, materials and design, route) across the front grassed area to enable wheelchair access shall be submitted to and agreed in writing by the Local Planning Authority. The path shall then be fully implemented and be available for use prior to the opening of the business and shall remain in place and free from obstruction for the lifetime of the business use.

REASON – To accord with Policy IN2 of the Darlington Local Plan (2016-2036).

8.      Access ramps shall be available for use prior to the commencement of the business use in accordance with the submitted document entitled “Statement for Change of Use Class E and Accessibility”. The ramps shall remain available for use for the lifetime of the business use.

REASON – To accord with Policy IN2 of the Darlington Local Plan (2016-2036).