Development Control Committee:
5th November 2007
AGENDA ITEM 3
PLANNING/ENFORCEMENT APPEALS DETERMINED/LODGED
1.0
Matter for consideration
1.1
The Committee will be requested to note the planning and enforcement appeals,
lodged and determined.
2.0
Recommendation(s)
2.1
To note the report
3.0
Planning/Enforcement Appeals Determined
3.1
137 Preston New Road (07/0156)
Appeal by Mrs. S. Reddy against the refusal of planning permission for the erection of
an enclosure over a swimming pool. Appeal Dismissed.
The Inspector noted that the proposed enclosure would rise significantly higher than
the existing fencing and that it would protrude significantly beyond the predominant
building line. By virtue of its size, form, positioning and materials, the Inspector felt that
the enclosure would be discordant in its effect and at odds with nearby buildings and
would have an unduly incongruous effect on the street scene.
For these reasons the Inspector therefore dismissed the appeal.
3.2
333 Central Drive, Blackpool. (07/0236)
Appeal by Primesight Advertising Ltd against the refusal of Advertisement Consent for
the display of an internally illuminated double-sided freestanding advertisement unit at
333 Central Drive, (Corton Beach Filling Station), Blackpool. (07/0236). Appeal
Dismissed.
The Inspector considered the sign to dominate the small forecourt adjacent to the
sales kiosk. He considered it to occupy an exposed position close to the back edge of
the pavement, this together with its angle of presentation and illumination gives it a
wide range of visibility and it stands out as an unduly intrusive feature in the
streetscene. He concluded that the sign was not detrimental to public safety but the
unit would be detrimental to the interests of amenity.
3.3
56 Holmfield Road, Blackpool. FY2 9RU (05/8365)
Appeal by Mr D A Flitcroft against an Enforcement Notice served by Blackpool
Borough Council in respect of the re-building of the first floor of the premises and
construction of second floor roof lift.
Appeal Allowed.
The Inspector considered the works at the appeal site to have involved the demolition
of the former building and the construction of a new 3 storey structure. The ground
floor is incomplete and effectively a void space with columns and steelwork supporting
2 storeys of residential accommodation above. The development appears to have
been constructed in accordance with the plans as approved under 05/1189 apart from
the height of the 2 windows installed at first floor level (Holmfield Road elevation). On
the approved plans the windows are 1600mm high, but measured on site the windows
are 1270mm.
The Inspector considered the main issue to be whether the building, incorporating first
floor windows of different heights to the permission, unacceptably affects the streetscene.
The Inspector said he recognised that there was a significant step within the first floor
sill level at 54 Holmfield Road and beyond.
The terraced block between
Northumberland Avenue and Empress Drive has, in architectural terms, a clear degree
of conformity in terms of building massing, materials and elevational details. This is
not complete as there are some differences in roof shape and variations in the use of
bay windows.
In assessing the first floor windows, the Inspector had regard of both the individuality
of the design of this end of the building and the degree of harmony achieved with the
street-scene by the use of materials and details reflecting the wider pattern of
architecture. He concluded that the variation in the first floor windows has not stood in
the way of achieving an acceptable degree of harmony with the architecture of the
street, whilst a new building with its own identity has been created in a prominent
corner position. On this basis the Inspector considered that the development meets
the requirement of Local Plan Policy LQ2, and he therefore allowed the appeal and
quashed the Enforcement Notice.
3.4
159 Park Road, Blackpool. (07/0237)
Appeal by Mrs S Crook against the refusal of planning permission for the formation of
a vehicular crossing at 159 Park Road, Blackpool. (07/0237). Appeal Allowed.
The Inspector considered that as many of the properties in this section of Park Road
had in curtilage parking spaces and dropped kerbs it was his judgement that this
appeal scheme would not significantly exacerbate highway safety in the area.
He recognised that a new vehicular access onto the highway has the potential to
create vehicular/pedestrian conflict and would give rise to a substantial number of
reversing manoeuvres either onto or off this part of Park Road. He also acknowledged
another appeal which had been dismissed on Park Road, however, he considered that
the scheme was not comparable with this appeal scheme.
3.5
6 South Parade, Blackpool (07/0010)
Appeal by Mr G Turner against the refusal of planning permission for the erection of a
`two storey side extension, reference 07/0010. Appeal dismissed
The Inspector considered the main issue of this appeal to be the effect the extension
would have on the character and appearance of the streetscene.
The Inspector identified that the extension would restrict views along Willowdene and
result in the loss of open garden space, which in turn would undermine the spacious
feel of the area.
For these reasons the Inspector concluded that the extension would cause significant
harm to the character and appearance of the streetscene.
3.6
786 Devonshire Road, Blackpool. FY2 0AG (06/8160)
Appeal by Miss L Guerin against an Enforcement Notice served by Blackpool Borough
Council in respect of the erection of side dormer extension.
Appeal Allowed.
The Inspector considered the main issue to be the dormer’s effect on the character
and appearance of the building and the street-scene.
The Inspector said the dormer, given its size, location, form and materials, is a
prominent feature of the building and has, given its small size and horizontal
proportions, an incongruous window. The dormer is also a prominent feature in views
from Devonshire Road, though only from a short section, and from dwellings on the
opposite side of the highway.
The Inspector considered that the dormer is not unusual or unduly uncharacteristic –
its prominence is due, primarily, to its white colour set against the grey slate of the
hipped roof. At the hearing, the Appellant agreed to a condition requiring the
replacement of the white uPVC cladding with slate cladding to match the hipped roof.
Though its size and form would remain, the dormer would no longer be unacceptably
prominent either on the building or in the street-scene. The Appellant also agreed to
the replacement of the window with a window to match the size of the landing window
below. A condition to this effect would redress the incongruity of this feature dormer.
The appeal was allowed and the enforcement notice was quashed. Planning
permission was granted on the deemed application subject to the following conditions:
1.
The white uPVC cladding of the dormer shall be replaced by slate cladding to
match the hipped roof of the dwelling. The works required by this condition shall
be carried out within three months of the date of the decision.
2. The window in the dormer shall be replaced by a window the same size as the
landing window below. The replacement window shall be fitted with opaque glass
which shall be retained thereafter. The works required by this condition shall be
carried out within three months of the date of this decision.
The works required should be carried out by 19 December 2007.
3.7
Land on the west side of 34a Osborne Road, Blackpool.
(05/8234)
FY4 1HJ
Appeal by Mr H Plant against an Enforcement Notice served by Blackpool Borough
Council in respect of the material change of use of the land to use for the parking and
storage of motor vehicles.
Appeal Dismissed
The Inspector noted that at the time of his inspection there were 5 vehicles parked on
the appeal site. Therefore, from evidence gathered at the site visit it is a matter of fact
that the appeal land is used for the parking of motor vehicles.
The Inspector said the erection of a low fence similar to that along the Osborne Road
frontage would prevent illegal parking on the appeal land and would be unlikely to
result in unsightly litter collecting on site.
The appeal was dismissed and the enforcement notice upheld, subject to corrections
4.0
Planning/Enforcement Appeals Lodged
4.1
47 Yorkshire Street, Blackpool FY1 5BG. (07/8020)
An appeal has been lodged by Mrs A E Chadwick against the issue of an
Enforcement Notice regarding the material change of use of the property from a
hotel providing short stay holiday accommodation to a hostel.
4.2
Former Common Edge Road Filling Station, Common Edge Road,
Blackpool. (04/8300)
An appeal has been lodged by Mr S Smith against the issue of an Enforcement
Notice regarding the material change of use of the land to use for hot food
sales.
4.3
29-31 Grasmere Road & 25 Westmorland Avenue, Blackpool (05/8055)
An appeal has been lodged by Titan Outdoor Advertising Ltd against the issue
of a Discontinuance Notice regarding the display of a 48 sheet poster hoarding.
4.4
150 Bond Street, Blackpool (05/8192)
An appeal has been lodged by Clear Channel Billboards against the issue of a
Discontinuance Notice regarding the display of a 48 sheet poster hoarding.
4.5
10 Harrow Place, Blackpool (07/0124)
Appeal by Mr and Mrs D Storton against the refusal of planning permission for the
erection of a conservatory to Clifton Drive elevation.
4.6
Pinewood Café, 34 Station Road, Blackpool. (06/8397)
An appeal has been lodged by Mr C Green against the issue of an Enforcement Notice
regarding the erection of a canopy on the forecourt.
5.0
Financial considerations
5.1
None.
6.0
Legal considerations
6.1
None
Relevant officer:
Ian Ward, Development Control Manager
Tel: (01253) 476220, e-mail ian.ward@blackpool.gov.uk
Appendices attached:
None
Background papers:
None