Agenda item

Single story front extension, replacement garage, and single story rear extension with sustainability improvements to whole house.

Public Participation

Ms Rebecca Drake and Mr Robert Elkins spoke in support of the application.

Officers from the Development Management Area Team introduced the report which recommended that the Committee reject planning permission, for a single-storey extension to the southwest side of the property which faces the front gardens and private driveway.

Key considerations identified included the principle of development and the green belt, with specific legal frameworks (NPPF) designed to protect such areas. It was quoted from the NPPF that:

“Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.”

Members of the Committee then had the opportunity to ask technical questions to the officer.

It was clarified that NPPF did not exist at time of the first extension to the building and was implemented in 2012. Although previous additions had all been granted permission, it was explained that cumulative developments must be considered regardless of what legislation existed at the time.

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

A debate followed where councillors considered the compelling nature of NPPF to reject the application based on cumulative, disproportionate additions to the building. Councillors were persuaded that the ambiguities surrounding legislation on the green belt and NPPF exceptions allowed permission to be granted. Councillors referred to the officer’s report but disagreed with its conclusion given that Core Policies 57&58 were openly confirmed to have been adhered to.

Reference to the Equality Act were made given the additions of provisions for a disabled occupant within the plan.

It was noted that the local Parish Council had not objected, and the local member had actively supported the application.

During debate a motion to grant the application was moved by Cllr Dr Brian Mathew and seconded by Cllr Nic Puntis.

Resolved

In view of the very special circumstances of the proposals representing environmentally sustainable development, the family circumstances of the applicant, compliance with other policies within the adopted development plan and the lack of impact on openness, the proposed development is considered to not constitute inappropriate development in the Green Belt. Accordingly, resolved that planning permission be GRANTED, with the following standard conditions being attached:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

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

Location plan Dwg:00

PR site plan Dwg:11

PR ground floor plan Dwg:12

PR roof plan Dwg:13

PR n&s elevations Dwg:14

PR e&w elevations Dwg:15

PR garage Dwg:16

Tree survey - garage Dwg:17

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

3.    No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until all trees to be retained on the site are protected by fencing, in accordance with British Standard 5837: 2012: “Trees in Relation to Design, Demolition and Construction -Recommendations”.

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. [In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later].

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity

Informative:

4.    The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.