Agenda item

Russell Lamming and Peter Preston spoke in support of the application.

Michael Doran spoke in opposition to the application.

 

Cllr John Eley, Stanton St Quintin Parish Council, spoke in opposition to the application.

 

The Planning Officer introduced the report which recommended that planning permission be granted subject to conditions. The application was for a proposed single storeyand two storey extension to the rear of the propertyand front porch. It was explained that an extensive rear garden would be retained. The Planning Officer highlighted that concerns had been raised by neighbours and the Parish Council and that these were set out in the officer report. Attention was drawn to late items which summarised an additional neighbour representation.

 

The Planning Officer also explained that a plan had been submitted to demonstrate that suitable parking was available on site; Highways considered this plan to be acceptable.

 

The Committee then had the opportunity to ask technical questions and it was confirmed that it was possible to add a condition requiring the extension to remain ancillary to the dwelling. It was also explained that the proposal would involve approximately a 40% increase in size beyond the original floor space. It was also highlighted that the site was not within the green belt and, as such, there were no national or local policies to restrict the size of the extension; the assessment was based on the development’s conformity to local and national planning policy and in particular the impact of the development on the amenity of neighbouring properties, parking provision and the development’s design and impact on the character and appearance of the area.

 

The Planning Officer explained that the General Permitted Development Order allows up to an 8m extension to the rear of the property at single storey level and up to a 3m extension to the rear of the property at two storey level. It was highlighted that the application was for a 4m two storey extension but that the applicant would be entitled to develop a 3m two storey extension without the need to obtain formal planning permission. The proposal was also considered to have an acceptable impact on residents, the streetscene, and the design of the existing property and existing properties within the locality.

 

The Planning Officer clarified that drainage on the site would be required to comply with the Building Regulations. It was explained that there was an informative in the officer recommendation highlighting to the applicant that they should be aware of the Building Regulations requirements.

 

It was confirmed that the applicant had submitted a plan to demonstrate that three off street parking spaces could be provided on the site. The Planning Officer noted that Highways considered this to meet all requirements and highlighted that, under permitted development rights, the applicant was able to develop the front garden into an area of hardstanding for additional parking if this was deemed necessary.

 

The Planning Officer also confirmed the location of the holly tree.

 

Members of the public then addressed the Committee as detailed above.

 

The Planning Officer responded to comments from the public and explained that it would be unreasonable to require a construction method statement for a development of this size. It was highlighted that many concerns were governed by areas other than Planning which included Environmental Health, Highways, and civil matters. Officers also confirmed that planning legislation and guidance advises against the addition of planning conditions to duplicate other legislation. Such a condition is considered unreasonable in planning terms and should be avoided. 

The Planning Officer also explained that Condition 3 in the officer recommendation required the bathroom window to be glazed with obscure glass and permanently fixed shut up to a height of 1.7m in order to ensure that there was no direct overlooking into any neighbouring property.

 

In the debate that followed, the Committee considered to what extent the proposed conditions and informatives mitigated the concerns raised by members of the public. Some members advocated discourse between the applicants and the community in order to minimise the impact of the proposal on neighbours. The Committee also discussed the importance of the holly tree to the local community and the means of protecting the tree during the construction phase of development. 

 

The Committee noted a discrepancy between the floor plans and the elevation plans. It was considered that this could be clarified by officers and that a deferral was not necessary in this case. It was proposed and seconded to delegate authority to the Area Development Manager to grant planning permission subject to the conditions as set out in the Case Officer’s report. An amendment was also accepted with additional conditions relating to drainage, car parking, and the ancillary nature of the extension in order to address the concerns of the local residents.

 

Resolved:

 

To DELEGATE authority to the Area Development Manager to grant planning permission subject to the submission and approval the following:

 

·       A plan clearly indicating the Holly Tree’s root protection area and means of protection during the construction phase of the development.

·       Amended rear elevation plans ensuring the windows shown on the floor plans are clearly drawn on the on the elevation plans.

And subject to the following conditions:

 

1.     Thedevelopmentherebypermittedshall be begun beforethe expiration of threeyearsfrom thedate ofthispermission.

 

REASON: Tocomplywith theprovisionsofSection 91 of theTown and Country PlanningAct 1990 as amended bythe Planningand Compulsory Purchase Act 2004.

 

2.     Thematerialsto be usedin theconstruction of the external surfaces of thedevelopmentherebypermittedshallmatch inmaterial,colour andtexturethose usedin the existing building.

 

REASON:   Inthe interestsofvisual amenity andthe character andappearance of thearea.

 

3.     Thefirst floor windowin the southwest elevation shall be glazed with obscure glassonly[to an obscuritylevel of nolessthan level 3] and permanently fixed shutunlessanypartwhich opens isat least 1.7metres above the internalfloor height ofthe roomitserves prior to thefirst occupation of the development hereby permittedand shall be permanentlymaintainedin perpetuity.

 

REASON:In the interestsofresidential amenityand privacy.

 

4.     Notwithstanding the provisionsofthe Town and CountryPlanning (General PermittedDevelopment)(England)Order2015(oranyOrder revoking or re-enactingor amending that Order with or withoutmodification),no windows,doorsorother formofopeningsotherthanthose shown on the approved plans, shall be inserted in either thenortheastelevation or southwestelevation of thedevelopmentherebypermitted.

 

REASON:In the interestsofresidential amenityand privacy.

 

5.     Thedevelopmentherebypermittedshall becarried out in accordance with the followingapproved plans:

 

DrawingNo'sSiteLocationPlan (1:1250); andB 3044 01, received bythe LPA onthe 30 April 2015 andvalidated 6 May 2015.

 

RevisedDrawingNo.B 3044 02 B, received electronically bythe LPA onthe 29 May 2015.

 

DrawingNo.A 3044 03A,received electronically bythe LPAon the 16June 2015.

 

REASON:For theavoidance of doubt andin theinterestsofproper planning.

 

6.     The accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the main dwelling, known as Hollybush House, Lower Stanton St Quintin and it shall remain within the same planning unit as the main dwelling.

 

REASON: The additional accommodation is sited in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit a wholly separate dwelling.

 

7.     No development shall commence on site until a scheme for the discharge of surface water from the access/driveway, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission. This is required to ensure that the development can be adequately drained.

 

8.     No part of the development hereby approved shall be occupied until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for the parking of motor vehicles associated with the use of the dwelling known as Hollybush House at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

9.     The development hereby permitted shall not be first occupied until the first three metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety

 

10.INFORMATIVETO APPLICANT: Any alterationsto the approved plans,brought aboutby compliance with Building Regulations or anyother reasonmustfirst be agreed in writingwith theLocal PlanningAuthoritybeforecommencement ofwork.

 

11.INFORMATIVETO APPLICANT: Theapplicantisrequested tonotethat thispermission does notaffect anyprivatepropertyrightsandthereforedoes not authorisethe carrying outofany workon landoutside their control.Ifsuch works arerequired it will be necessary forthe applicant to obtain thelandownersconsentbeforesuch workscommence.

 

Ifyouintend carrying out worksin the vicinity of the siteboundary,you arealsoadvised that it maybe expedientto seekyourown advice with regard tothe requirements ofthe PartyWall Act 1996.

 

Please notethat Councilofficesdo nothavethe facilityto receive material samples.Please deliver material samplesto site andinform the Planning Officer wheretheyare to befound.

 

12.INFORMATIVETO APPLICANT: TheCouncil encourages the applicant to adopt the approachandrecommendationsset outinthe UKCG Good NeighbourSiteGuidewith regard to undertaking the construction of the development.