The presenting officer (MR) outlined the facts of the case for the retrospective application for the construction of a raised platform (terrace) and new stairs down to rear garden space at 16 Shell Road, SE13. He stated how the principle of the terrace is not objectionable, would provide disabled access, and highlighted the trellises as being obscuring features. He noted that objections received were related to noise, privacy and appearance and argued that these were not considered to be material planning considerations.
OO asked the members if they had any questions for the presenting officer.
Councillors discussed whether the doorway was suitable for wheelchair users. MR said that this was not a material consideration at this point.
SP asked if the design of the terrace was a material consideration. MR said it didn’t have much consideration as it is not visible from the public realm and therefore any harm created would not be on the street scene.
The applicant was invited by the chair to speak.
Marcus Krackowizer came forward and stated that he feels the door is acceptable for wheelchair users. He stated that the reason he didn’t apply for permission initially was because he didn’t know it was required. He discussed the design and said that this is intended to have planting to soften the appearance.
JM asked the applicant about the widening the doorway and inserting another door.
The applicant stated he had not considered this. JM asked the presenting officer if he would need permission to widen the door and MR advised him that he would.
OO dismissed the applicant from the table and summoned the objectors.
Yashim Halil of 18 Shell Road came forward arguing that the owner and applicant does not live in the property and that the tenants which do occupy the property are not permanent and have a history of antisocial behaviour and noise complaints, of which there are records. She cited the use of the terrace would mean noises, loud music and smoking. She stated that the high turnover of tenants in the property would make the terrace a security risk. She raised concerns over privacy as she feels it overlooks her garden.
OO asked the councillors of they had any questions.
JM asked the objector about the records of noise complaints. The objector said this was a couple of years ago and that she didn’t have the records. Councillors felt that this could not be considered without the records. LK asked the presenting officer if the raised height of the terrace would increase noise levels and MR said this was not the case, and that tenants is an environmental health issue not a planning consideration.
SS asked the presenting officers if the overlooking concerns had been addressed and MR advised that officers felt they had.
Councillors discussed the occupancy of the property and concluded that this was not a planning consideration.
Councillor Smith moved to accept the officer’s recommendation and approve planning permission.
Councillor Krupski seconded.
Members voted as follows:
For: Councillors Ogunbadwa (Chair), Penfold (Vice Chair), Smith, Mallory, Sheikh, Krupski, Gallagher and Moore.
RESOLVED: Vote to accept officer’s recommendation to grant planning
permission for DC/18/106734.