Minutes:
The City Development Manager introduced the report.
Mr Newton included the following points in his deputation:
· No council officers came to my property (72 Stride Avenue) to discuss this application.
· He visited the dental workshop in Arundel Street and found it to be noisy due to hammering of metal moulds, dusty and he observed that full protective clothing was worn.
· He was concerned that the business in Tamworth Road would take on emergency work in the evenings and the weekend.
· This premises has the potential to be very large.
· Children walk past on the way to school, college and the park.
Mr Clasby included the following points in his deputation:
· His premises backs onto this property and the garage is 3.5m from his property. The gap between 35 and 37 is considerable. The prevailing wind blows into his garden.
· A laboratory is defined as a premises where experiments are carried out for the production of chemicals or drugs. This application must be classed as a workshop not a laboratory.
· The workshop he was responsible for in the dockyard was noisy, dusty, smelly and everyone wore eye protection and masks. It had a big ventilation system.
· All the residents in the road are retired and use their gardens and conservatories all year round.
Mr Oliver included the following points in his deputation:
· There had been no objections from the residents of Tamworth Road.
· The application was refused because more information was required from Environmental Health.
· There will be no hammers.
· The equipment will be small.
· There will be a small gas tank for the bunsen burners.
· There will be a smell similar to nail varnish for approximately ten minutes per day which will be extracted by fans that face towards the applicant's house.
· Planning permission was requested because work is required to bring it up to standard and a member of staff would be recruited.
· The applicant's wife would use her own car to collect and deliver goods.
· There will be occasional visits from customers.
· Although the Arundel Street premises has residential properties on both sides and above, the Environmental Health Officer told him that no complaints had been made in the four to six years it had been operating.
· The government encourages small businesses and the message needs to be sent that small businesses are welcome.
Councillor Darren Sanders included the following points in his deputation:
· The applicant had been kicked out of the Victory Business Centre.
· The Purple Industrial Estate is 150 years away from the premises and has spare vacancies. Support should be offered to assist with moving the business there as it would be more appropriate.
· As the application was refused three months ago, there should be a significant change before it is re-submitted. This is not the case.
· Tasworth Road is one of quietest in the ward. Arundel Street has a lot of background noise. It is significantly different in terms of location.
Members' Questions.
In response to questions, the City Development Manager explained that:
· Planning permission would not be required if there was no use of an extractor fan and no staff employed as the business would be considered to be incidental or ancillary to the main use of the dwelling house.
· Each application is looked at on a case by case basis depending on the level of activity. A car repair business might be acceptable unless all the customers drove there, as this might change the use of the area.
· All five owners of the properties with adjoining properties were notified of the application and five objections were received but these were not all from these residents.
· The council is not actively encouraging businesses run from home.
· If this application were to be granted, there is nothing to prevent more staff being recruited subject to space limitations as it evolves.
· The council is not in a position to control what tools are used as it would have permission for B1 use (light industrial use).
· The previous application was determined by officers using delegated authority. It was refused due to lack of sufficient information.
The Environmental Health Manager explained that he had visited both premises and considers it highly unlikely that the use will have any detrimental impact.
Members' Comments.
Members discussed the need for consistency in decision-making. They noted that it is very difficult to establish what constitutes a statutory nuisance because there is a high threshold for this.
DECISION
14/01182/FUL 37 Tamworth Road, Portsmouth - Change of use of residential garage to a dental laboratory (resubmission of 14/00646/FUL) was refused.