PROPOSAL: Change of use of commercial units to provide a mixed use (residential and commercial) development consisting of 3No commercial units (Use Class E) and parking at ground floor and erection of a three storey extension to provide 6No 2-bed and 4No 3-bed self contained flats together with associated parking.
Councillor Pugh spoke in favour of the application under Council Rule 20.1.
It was proposed by the Chair and seconded by the Vice Chair:
THAT the officer’s recommendation be adopted, namely:
That the application be refused subject to the following reasons:
1 – The proposed three storey extension by virtue of its height, scale, design, proximity to and relationship with the buildings fronting Marine Gardens and Marine Terrace would result in a incongruous and dominant form of development that competes with and detracts from the significance of the listed buildings fronting Marine Gardens and the buildings fronting Marine Terrace in the Margate Seafront Conservation Area resulting in significant harm to its special character, appearance and historic interest of these designated buildings and area, which is not outweighed by the public benefits of the proposal, contrary to policies HE02, HE03 and QD02 of the Thanet Local Plan and paragraphs 130, 199, 200 and 202 of the National Planning Policy Framework.
2 – The proposed first, second and third floor balconies due to their proximity to, and relationship with the rear elevation windows of the northern neighbours, 12 and 12A Marine Gardens, would result in direct overlooking to the habitable room windows in the rear elevations of these properties and a subsequent loss of privacy to the occupants of this property, contrary to Policy QD03 of the Thanet Local Plan and paragraph 130 of the National Planning Policy Framework.
3 – The applicant has failed to enter into a legal agreement to secure the delivery of the necessary planning obligations required in order to mitigate the impacts of the proposed development on the local infrastructure and make the development acceptable in all other respects. The application is, therefore, contrary to policy SP41 of the Thanet Local Plan, and paragraphs 55, 57 and 58 of the National Planning Policy Framework.
4 – The proposed development will result in additional pressure on the Thanet Coast and Sandwich Bay Special Protection Area (SPA), and Sandwich Bay and Hacklinge Marshes Site of Special Scientific Interest (SSSI), and in the absence of an acceptable form of mitigation to relieve the pressure, the proposed development would be contrary to policy SP29 of the Thanet Local Plan and paragraph 182 of the National Planning Policy Framework.
Upon being put to the vote, the motion was declared LOST.
It was proposed by Councillor Albon and seconded by Councillor Bayford that:
Defer and delegate for approval, subject to receipt of an acceptable signed obligation securing the required planning obligations and safeguarding conditions (including privacy screens to the north balcony boundaries) on the ground that the economic and housing benefits outweigh the limited impact on the Conservation Areas and adjacent Listed Buildings.
Upon being put to the vote, the motion was declared CARRIED.