Agenda item

Retrospective application for erection of an annex to be used as ancillary accommodation

Public Participation

Richard Harlow, agent, spoke in support of the application.

The Planning Officer, Yancy Sun, presented a report which recommended that the retrospective application for the erection of an annex (to be used as ancillary accommodation) be approved subjected to conditions.

Key issues included the principle of the development, impact on neighbour amenity, impact on visual amenity, drainage and flooding as well as environmental impact.

Members of the Committee had the opportunity to ask technical details regarding the application. Details were sought on whether temporary permission would be appropriate for the application and whether there would be any fire implications if cooking was allowed to take place in the annex. Additional details were sought on drainage and whether there were regulations in place to prevent the annex being sub-let.

It was clarified that planning officers did not consider that a temporary permission would be appropriate for this case, and planning conditions were recommended to address the building regulation outstanding matters.

Members of the public then had the opportunity to present their views to the committee as detailed above.

The local Unitary Member, Councillor Jon Hubbard, then spoke in objection to the application. Additionally, Councillor Jon Hubbard read out a statement on behalf of a neighbour to the application.

A debate followed where it was noted that as this was a retrospective application, and it had to be assessed on its own merits. Additionally, members enquired whether condition 2 could be strengthened. Furthermore, the difficulty of enforcing the use of the annex by family members was noted.

A motion was moved by Councillor Jonathon Seed, seconded by Councillor Trevor Carbin, to approve the application in accordance with the officer’s recommendation, with condition 2 being revised to include a more detailed note to the applicant to secure the necessary building regulation requirements pursuant to fire and public safety, as well as surface water drainage.

At the conclusion of debate, it was,

Resolved:

That application 20/04400/FUL be approved as per the following conditions:

1. The development hereby permitted shall be carried out in accordance with the following approved plans:

AH2019/60, Sheet 1 of 1, Received 3 September 2020

REASON: For the avoidance of doubt and in the interests of proper planning.

2. Within three months of the date of this permission, written confirmation shall be provided to the local planning authority to evidence the annex having the appropriate connections to the surface water drainage sewer, or to a suitable alternative system.

REASON: To annex requires building warrant approval which shall confirm the most appropriate surface water disposal option to ensure that the development is provided with a permanent satisfactory means of drainage as well as conformity with the necessary and relevant building regulations.

NOTE: In discharging the above condition, the LPA is mindful that there are private surface water sewers in the locality, and should the applicant seek to make and maintain such a connection to a private sewer, in applying to discharge this condition, evidence of the third party agreement(s) should be provided along with the requisite location plan and technical detail submissions that would be subject to a liaison with the Council's Building Control team, Wessex Water and the Council's drainage team (where appropriate). Off-site connections are understood to require third-party agreements and the applicant should not delay in terms of seeking to secure these.

3. The ancillary annex accommodation hereby approved shall only enure for the benefit of the owner/occupiers of the host dwelling at No.16 Conway Crescent and it shall only be used for purposes ancillary to the residential use of the main dwelling, and shall remain solely within the same planning unit as the main dwelling and not be sold or let as a separate unit of accommodation.

REASON: To define the terms of this planning permission and in the interests of good planning.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no garages, sheds, greenhouses or any other ancillary domestic outbuildings shall be erected within the curtilage of the host dwelling unless approved under a separate planning application.

REASON:  The Council is mindful of the extant nature of application 19/05319/FUL and in combination with this annex, it is considered necessary to remove any residual Permitted Development rights for any additional outbuildings in order to safeguard the character and appearance of the area.

Planning Informatives

Pursuant to condition 3, the applicant is advised that this application is approved on the basis that it has and maintains a direct, functional and dependant relationship with the main dwelling.

The applicant is advised that the development requires a retrospective building warrant, to include surface water drainage connections.