Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve application WP/21/00029/FUL subject to conditions.
The application relates to 12 Spa Avenue, Weymouth, Dorset, DT3 5EJ. The
application is for change of use to convert existing dwelling (use class C3)
into dental practice (use class E(e)) and creation of vehicular access.
This decision was taken by myself, in my role as nominated officer,
during the Western and Southern Area Planning Committee meeting on 6 January
2022. The decision was taken under arrangements which were put in place
following the full Council meeting held on 4 May 2021. At this full Council
meeting, it was agreed that all Council meetings that are not executive in
nature would continue to be held virtually, with committee members expressing a
‘minded to’ decision, and with specific officers (including service managers)
being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members.
These arrangements were subsequently extended by decision notices issued by the
Chief Executive on 22 July 2021 and 4 October 2021.
This application was considered by the Western and Southern Area Planning
Committee on 6 January 2022. Following an officer presentation, the committee
resolved that is was ‘minded to’ approve the
application, subject to conditions (noting that a change was required to the
highway conditions, and additional highway conditions were to be added). I
concur with the committee’s ‘minded to’ resolution, and in my view the
application should be approved, for the reasons set out in the officer’s report
for the application.
The reasons for this decision can be summarised as follows:
Taken as a whole, the proposals are in keeping with the character of the
area, are not considered to impact significantly on neighbouring amenity or
highway safety and would provide an important service to the local community.
Therefore, it is considered that the proposal is in accordance with the
policies of the West Dorset, Weymouth & Portland Local Plan 2015, the NPPF
and should be granted subject to conditions.
The alternative option would be to refuse the planning application,
contrary to the ‘minded to’ resolution of the Western and Southern Area
Planning Committee. The report to full Council on 4 May 2021, which introduced
the ‘minded to’ arrangements, sets out that “an officer should only make a
decision contrary to the ‘minded to’ view of members for clear and compelling
reasons and if the decision cannot reasonably be deferred until a time when it
can be made by Councillors”. In this case, I consider that planning permission
should be granted for the reasons set out in the officer’s report and I am not
aware of any clear and compelling reasons to differ from the committee’s
‘minded to’ resolution. The alternative option of refusing the application
contrary to the committee’s ‘minded-to’ resolution would not be appropriate in
this case.
No declarations of interest were made by any of the committee members who
took part in the debate.
Publication date: 26/01/2022
Date of decision: 19/01/2022