Agenda item

Change of use of part of garden and construct personal training studio in rear garden.

6 High Street, Kimberley, Nottinghamshire, NG16 2LS

Change of use of part of garden and construct personal training studio in rear garden.

6 High Street, Kimberley, Nottinghamshire, NG16 2LS

This application sought planning permission for the change of use of part of garden and construct personal training studio in rear garden and had been brought before the Committee at the request of Councillor S Easom.

Members considered the late items for the application which included an additional condition to regulate training sessions to be appointment only, construction details provided by the applicant and a further objection from a neighbouring residents.

Ms G Grimshaw (objector) submitted a formal written representation that was read to members of the Committee, Mr J Wright (applicant) submitted a formal written representation that was read to members of the Committee. Additionally, Councillor S Easom addressed the Committee as ward member.

Members debated the application and the following comments were amongst those noted:

•         that there was an acceptable loss of neighbour amenity.

•         that the application was acceptable for the area.

•         Concerns were raised over parking and highway safety.

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

1.       The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

2.       The development hereby permitted shall be carried out in accordance with the Site Location Plan (1:1250) and the drawing numbered 20-2004 (1:50, 1:100, 1:500); received by the Local Planning Authority on 20 April and 11 June 2020.

3.       The proposed external areas shall not be used for the proposed purpose except between 09.00 – 18.00 hours Monday to Friday, 09.00 – 1300 Saturday and at no times Sundays, Public and Bank Holidays. 

4.       The personal training studio hereby approved shall not be used for the customers except between 08.00 – 18.00 hours, Monday-Friday 08.00-13.00 hours Saturday and at no times Sundays public and Bank Holidays.

5.       No amplified speech or music to be played onsite as a part of this permission.

6.       No more than 2 clients shall be present at the site for the purposes of the permitted use at any time.

7.       The total number of client sessions, at the maximum duration of two hours per session, shall be limited to a maximum of no more than 10 per week for the purposes of the permitted use.

8.       This permission shall endure solely for the benefit of the applicant. When this person ceases use of the land for the permitted purpose the application site shall revert to its original use.

Reasons

1.       To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.       For the avoidance of doubt.

3.       To protect immediate residential properties from excessive operational noise.

4.       To protect immediate residential properties from excessive operational noise.

5.       To protect immediate residential properties from excessive operational noise.

6.       To protect immediate residential properties from excessive operational noise.

7.       To protect immediate residential properties from excessive operational noise.

8.       To protect immediate residential properties from excessive operational noise.

Notes to applicant

1.       The Council has acted positively and proactively in the determination of this application by working to determine it within the eight week determination timescale.

2.       The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards.  If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848.

Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

3.       By the granting of this permission and the conditions thereon, does not exempt the applicant or the operator of the proposed activity from any formal action by the council under current nuisance legislation if nuisance complaints are received.