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Approval of Minutes of the 1St Meeting of The Approved DPC meeting 11/14 24/7/14 THE DEVELOPMENT AND PLANNING COMMISSION Minutes of the 11th Meeting of 2014 of the Development and Planning Commission held at the Charles Hunt Room, John Mackintosh Hall, on 24th July 2014 at 09.30 am. Present: Mr P Origo (Chairman) (Town Planner) The Hon Dr J Garcia (DCM) (Deputy Chief Minister) The Hon Dr J Cortes (MEH) (Minister for Environment & Health) Mr H Montado (HM) (Chief Technical Officer) Mr G Matto (GM) (Technical Services Department) Mrs C Montado (CAM) (Gibraltar Heritage Trust) Dr K Bensusan (KB) (Gibraltar Ornithological & Natural History Society) Mr J Collado (JC) (Land Property Services Ltd) Mrs J Howitt (JH) (Environmental Safety Group) Mr C Viagas (CV) (Heritage & Cultural Agency) Mr J Mason (Rep Commander British Forces, Gibraltar) In Attendance: Mr P Naughton-Rumbo (DTP) (Deputy Town Planner) Miss K Lima (Minute Secretary) Apologies: None. 1 Approved DPC meeting 11/14 24/7/14 Approval of Minutes 397/14 - Approval of Minutes of the 10th meeting of 2014 held on 20th June 2014 The Commission approved the Minutes of the 10th meeting held on 20th June 2014 subject to the following amendment in bold: Minute 333/14 – page 10 JC said that if there is a solution other than having a flue, the flue should not be allowed. Matters Arising 398/14 – BA12596 – 1-2-14 Oleander Court – Proposed awning DTP said that this application was initially refused by the Commission but that the decision was reconsidered as requested by the Appeals Tribunal. He advised that the Subcommittee then agreed that hinged roller shutters similar to those in Alameda Estate were the best option. However, prior to receiving approval the applicant had already erected an awning which was not what was approved by the Subcommittee. JC said that the awnings allow the applicant to have shade and not obliterate light entering his flat. DCM agreed with JC and said that the awning also keeps out the heat. The Commission approved the awning. The applicant should be informed that he should not have installed the awnings without permission. 399/14 – BA12744 – Kiosk, No 2, Waterport Road – Proposed change of use from retail kiosk to takeaway DTP advised that the applicant has submitted a revised design to install a chimney through the roof of the kiosk and construct an extension at the rear of the kiosk to incorporate appliances as requested by the Environmental Agency. The Commission approved the revised application subject to the chimney and extension being painted the same colour as the kiosk. 400/14 – BA12946 – 56 City Mill Lane – Proposed demolition of building This matter was carried forward as additional information from the applicant was still pending 401/14 – BA13056 – Ex Mobil Petrol Station, 16 Line Wall Road – Proposed refurbishment and change of use to drive-through takeaway DTP told the Commission that the proposal is to convert the premises to a drive-through takeaway and storage facility with associated office. He said that refurbishment will include the construction of a mezzanine and general external refurbishment. DTP said that the main issue raised at the previous meeting was traffic implications as there could be a potential for cars to 2 Approved DPC meeting 11/14 24/7/14 back up on the drive-through and block Line Wall Road. DTP also told the Commission that the applicant has responded with ways in which they can avoid cars blocking the road. He also said that subject to technical solutions being found, TSD and the Traffic Commission have both confirmed that they do not have an issue with the proposal. GM said that he maintained his view that the location is not suitable and said that he feared that even with mitigation measures, it will have an effect on the highway. JC concurred with GM. The Chairman said that the plans do not allow for customers to walk into the premises but that the applicant could incorporate pavements as the forecourt is part of their property. He also said that there are no planning objections. DTP said that customers will probably stop in the forecourt even if it is not a drive-through as this area is part of the applicant’s property. GM said that by having a drive-through the public will be invited to attend by car. He said that he is not opposed to the use as a takeaway but that a drive-through would have an effect on a major thoroughfare. JC said that it would be different if the counters were inside rather than customers being served through a window, as it moves all of the noise and movement to the outside of the premises. DCM asked why the Traffic Commission has not been keen on expressing a view. The Chairman said that they were amenable to the Highways Department’s recommendations. The Commission took a vote on the submission with the following result: 2 in favour 3 against 5 abstentions The Commission refused this application on the basis that it will create traffic implications, noise and there will be insufficient accommodation for vehicles on the delivery side. The applicant who was in the audience said that they would like to move on with works to create the storage and office areas. The Chairman said that they would have to submit revised plans and obtain planning approval before proceeding with works. 402/14 – BA13064 – 8 South Pavilion Road – Proposed beautification to rear garden and swimming pool DTP informed the Commission that the tree on the boundary of the garden has a tree preservation order on it. He also said that KB and the Department of Environment have assessed the tree and confirmed that the works could have a detrimental impact on the health of the tree. DTP suggested that perhaps the Commission should ask the applicant to submit a revised proposal taking account of the tree. He also recommended that if part of the terrace is to be covered, permeable decking/surface should be used. 3 Approved DPC meeting 11/14 24/7/14 The Chairman suggested that the applicant be permitted a tub that would sit over a concrete slab as opposed to a pool as has been approved for another of the garden plots and this would mitigate the adverse consequences feared. KB said that the proposed fence does not make any favours to the tree visually and that it may affect the tree in other ways. The Chairman suggested that another type of boundary such as a hedge could be used. The Commission approved this application subject to the above and the applicant taking measures to protect the tree, permeable decking used and hedging used as a boundary instead of a fence. 403/14 – BA13080 – 10a Gardiner’s Road – Application to construct single storey extension The Commission deferred this application pending submission of a photomontage. Major Developments None. Other Developments 404/14 – Ref 1198/034/14 – Casemates Arcade – Proposed new directional signage DTP told the Commission that the Subcommittee was not content with the proposed colour scheme which is red and white. He said that the Subcommittee felt that a white background with black lettering would be better. The Commission agreed that the red and white colour scheme was not appropriate and it was suggested that black and gold would be more in keeping with signage within the town area. The Commission approved black and gold signage. 405/14 – BA11259 – 1, 3, 5, 7 Crutchetts Ramp – Proposed partial demolition and redevelopment for mixed retail, office and residential DTP informed the Commission that the applicant has submitted a revision to their application for the change of use of the second floor to office use on the basis that the top floor user requires additional space. The Chairman said that the use will remain mixed: office, commercial and residential. The Commission approved this application. 4 Approved DPC meeting 11/14 24/7/14 406/14 – BA12227 – Rock Hotel, 3 Europa Road – Proposed internal alterations including new windows and shutters DTP recalled that this application involved internal alterations, new windows and shutters. He said that the revised plans include the removal of the existing unsympathetic glazing to the breakfast restaurant terrace and the introduction of balustrading. He also said that they are removing all of the shutters so that there are no shutters in any part of the building. MEH said that the building looks better with the shutters and that shutters reduce heat gain and the amount of mechanical cooling and energy used. The Commission approved this application but agreed that the shutters should be retained. 407/14 – BA12687 – Beaulieu House, 12 Europa Road – Proposed part demolition of extension to existing two storey dwelling and introduction of an additional two storey modern extension and beautification of external grounds and pool DTP informed the Commission that the developer had a structural issue with the north gable wall which was considered unsafe and therefore, demolished part of it. He referred members to the letter from the applicant’s engineer previously circulated. He said that a site meeting was held with the Heritage Trust, during which the developer confirmed that they intend to rebuild and replicate the features of the original wall. DTP said that there is no reason to believe that there is any ulterior motive for the demolition and that he is aware that they are salvaging the timber from the roof structure to use on the new one. CAM agreed that there does not seem to be an ulterior motive for the demolition of the wall but that the Heritage Trust would like to stress that the developer should have obtained permission before proceeding with the demolition.
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