Jabba Riaz explains reason for retrospective gym application

Jabba Riaz, Worcester City Council's deputy leader, had started work on the building in his garden believing it would fall within permitted development rights, which do not need planning permission.

"It became apparent when some of the shell was built that we would need to increase the height due to it being too constraining to use as a gym whilst lifting weights above head height," said Cllr Riaz, "at which point we halted all construction and put in a planning application.

"There were no complaints from neighbours nor were there any concerns, we did it voluntarily knowing full well the requirements that it needed going through planning as they would fall outside the permitted development rights."

Plans for the gym were approved by the council's planning committee on Thursday (October 24).

But Jenny Barnes took issue with the fact work had already started.

She said at the meeting: “It’s really disappointing that this is a retrospective application. I say it every time so I’m not going to change my view just because it’s a fellow councillor.

FRUSTRATED: Jenny Barnes was unhappy the plans were retrospective (Image: Submitted)

“It’s incredibly frustrating getting a retrospective application even when it seems to be a completely legitimate application in itself.

“So maybe all councillors can be reminded that they should behave even more carefully than the general public when it comes to these matters because it’s embarrassing having this come here.”

Cllr Riaz, talking to the Local Democracy Reporting Service, said: "I take my role as councillor seriously and my responsibility to represent this city with the utmost respect and integrity."

Planning officer Rebecca Marshall said at the meeting: “For the sake of clarity, there is no enforcement complaint associated with this building, with the planning application being submitted by the applicant due to the intended height of the proposal.”

READ MORE: Worcester councillor seeks retrospective permission for gym

She said the gym will be 3.1 metres tall and screened by trees from the gardens behind it.

Cllr Alan Amos raised concerns over a planning condition that prevents the gym from being used as self-contained accommodation.

He said: “I notice there’s a shower in the building, there’s a toilet in the building, so could I ask if there’s an electricity supply as well? My concern is that it could well be used as a dwelling, because the reality is ‘who will know?’

“The condition, in practical terms, is unenforceable.”

Planning officer Paul Round said: “We don’t have that detail and we wouldn’t expect that with a planning application.

“Planning permission would be required for it to be used as a separate dwelling. The condition is there to provide that ‘belt and braces’ approach.

“And who would know? Well, the neighbours would know and our enforcement team is very capable of being able to identify whether this is a gym or a self-contained flat. In terms of its enforceability, it is absolutely enforceable.”