Agenda item

RESOLVED that the planning application for the demolition of existing shed and erection of a studio and an adjoining shed at the rear end of the garden at 28 BORDER ROAD, SE26 be approved.

6.1       The Planning Officer, gave an illustrative presentation recommending the granting of planning permission for the demolition of existing shed and erection of a studio and an adjoining shed at the rear end of the garden at 28 Border Road,SE26, subject to the conditions and informatives in the report.

6.2       The Committee noted the report and that the main issues were:

· Principle of Development

· Urban Design

· Impact on Adjoining Properties

The Planning Officer stated that they were satisfied that any noise will not have any impact on the adjoining properties. The principle of development and the urban design were also considered acceptable, complying with relevant policies. Therefore it was recommended that the application be approved.

6.3       The Planning Officer confirmed that the studio will be for the sole use of the applicant. The applicant was present but gave no further explanation to what the Planning Officer presented as it satisfied his application.

6.4       The objector gave their statement. They said that they believe planning officers have omitted the boundary lines of their neighbouring home, number 26, from the report. They stated that the proposed application should be refused because firstly, it will overshadow most of the garden of their home, which lies at a right angle of the proposed studio, causing a loss of light and amenity to their garden. The height of 3m and the width of 4m would be overbearing and would impact the acceptable use of the garden. The path is 7.76m and the proposal extends beyond the boundary by 5.56m causing a huge overbearing and enclosure of the pathway. Additionally, the connection of the block of flats beside 28 Baring Road to its garden is over 69 years old, they said, which would be lost. They stated that the noise would be a nuisance because the garden of 26 lies behind the proposed studio.

6.5       Councillor Muldoon asked the planning officer to present the bird’s eye view of the property in as much detail as possible, as the Committee discussed the potential obstruction of the neighbouring properties. The Officer indicated where all of the neighbouring properties were and their positioning beside the garden of the proposed studio.

6.6       The applicant confirmed that as music is his line of work, music is practiced in the house every day. He stated that it is practised with windows open during the summertime and he had never received any complaints from neighbours. He said that he is a pianist, so did not believe that his playing caused any loud or disruptive noise, in comparison to other instruments. He explained that the studio would be more soundproofed than playing inside the house, for the benefit of the neighbours.

6.7      The Planning Officer stated that soundproofing is not a required for rear –house development. The Presiding Officer added that it would be onorous to present noise assessment, mitigation or insulation to the condition as it is not a commercial studio, given that it is ancillary to the main dwelling. He also said there was nothing enshrined in planning policy to protect an owner’s view of their garden. They will rather look at the overall impact of neighbour amenity, enclosure and outlook offered to neighbouring properties. Having assessed this, they were satisfied that there would be no unreasonable impact on these issues.

The Committee considered the submissions made at the meeting, and

RESOLVED unanimously that planning permission be granted for the demolition of existing shed and erection of a studio and an adjoining shed at the rear end of the garden at 28 Border Road, SE26, subject to the conditions and informatives in the report.