Agenda item

Variation of condition 2 of planning permission 18/00525/VAR to allow for amended design including insertion of window to west elevation and additional rooflight to bedroom 5 (18/10741/VAR)

Public Participation

Stephen Gledhill spoke on behalf of Coombe Bissett Parish Council

 

The Planning Officer, Joe Richardson presented the application which was for the variation of condition 2 of planning permission 18/00525/VAR to allow for amended design including insertion of window to west elevation and additional rooflight to bedroom 5 (18/10741/VAR).

 

The site had an extensive planning history which had seen the building evolve.

 

It was noted that a site visit had taken place earlier in the day.

 

The recent planning appeal decision was attached to the report at appendix 1, in which the Inspector had allowed the garage roof to be linked to the house.

It also mentions that it was appropriate that condition 2 of the planning condition should be treated as the starting point, with no need for the windows to be fixed shut, and questioned the Councils condition for obscure glazing.

 

There were no objections from Highways and no comments from the Conservation Officer.

 

The application was recommended for approval with conditions.

 

The Members had the opportunity to ask technical questions of the Officer, where he was asked how many retrospective applications the Council received were refused. The Officer did not have the answer to hand and would provide one to the Committee following the meeting.

 

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

 

Coombe Bissett Parish Council spoke in objection to the application. Asking the Committee to refuse the variation, due to the impact of the very large dwelling on the small patch of land and the loss of privacy.

 

He urged the Committee to take into context the history of the development and the previous refusals and the appeal decision.

 

The Parish Council felt that the unscrupulous developer had made a mockery of the planning system, noting that the development was now larger than the size of the original one refused. He asked that the development not be permitted to go ahead with film on the glass.

 

The Division Member Cllr Clewer then spoke on the application, noting that the previous decision could not be changed,  however this variation asks for 2 further windows which restrict the privacy of neighbours further, and had caused strong feeling in the community. He argued that it would increase the amount of overlooking, noting that retrospective planning applications were not helpful. Dealing with whether the neighbouring amenity is further damaged.

 

 

 

Cllr Hewitt then moved the motion of refusal against Officer recommendation, on the grounds of overlooking, with a condition for the windows to be properly obscured glass, and not film. Noting that the Committees original decision that this was far too big for the site was correct. This was seconded by Cllr Hocking.

 

A debate followed where they key issues raised included that the Planning Inspector had overturned previous refusals.

 

The site visit had been beneficial. The damage has been done with the volume of build on this site. There were a number of houses that were not much different to this one.  Understanding for the local community’s view, unfortunately they would have to live with it, as the Inspector had approved it.

 

To see out of the roof window, someone would need to stand on a raised platform. If the window was obscured, it could still be opened.

 

The Committee then voted on the motion of refusal.  The motion was not carried.

 

Cllr Westmoreland then moved the motion of approval, this was seconded by Cllr McLennan.

 

The Committee then voted on the motion of approval.

 

Resolved

That application 18/10741/VAR be Approved with conditions:

 

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

 

DWG No: 216083/01 Rev B Site Location Plan and Proposed Block Plan Date Received 29.11.18

DWG No: 216083/04 Rev F Proposed Ground Floor and First Floor Plan Date Received 29.11.18

DWG No: 216083/08 Rev A Proposed Second Floor Plan Date Received 29.11.18

DWG No: 216083/06 Rev F Proposed Side Elevations and South Elevation Section Date Received 29.11.18

 

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

 

 

2.  The development hereby permitted shall be demolished and all materials resulting from the demolition shall be removed within 56 days of the date of failure to meet any one of the requirements set out in i) – iii) below:

 

i) Within 2 months of the date of this decision the following details relating

to the construction of the development hereby permitted shall have been

submitted for the written approval of the Local Planning Authority:

 

a. specification of the roofing materials;

b. construction of a sample panel of the proposed brick, mortar colour

and pointing finish (in Flemish Bond), which is to be left on site throughout the works as a reference panel;

c. a section drawing of the brick string course to be added to the front elevation of the dwelling;

d. a section drawing at a scale of 1:5 showing the profile and means of

fitting of the rainwater goods;

e. details of lintels, which shall be pre-fabricated gauged bricks 4 course deep;

f. details of window cills on the front elevation which shall be

constructed from Bath stone and stooled; and

g. details of the render to be used on the external elevations, which shall be a soft render, and will not feature a bell mouth detail.

(ii) If within 5 months of the date of this decision the local planning authority refuse to approve the scheme or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State.

 

(iii) If an appeal is made in pursuance of ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State.

 

REASON: The development shall be carried out in accordance with the details to be approved in accordance with the requirements of this condition.

 

In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

 

3. The additional rooflight within the eastern roofslope as shown in approved plan DWG No: 216083/08 Rev A Proposed Second Floor Plan Date Received 29.11.18 serving bedroom 5 shall retain the obscure glazing in perpetuity.

 

REASON: In the interests of residential amenity and privacy.

 

4. Prior to the first use of the rooms served by: the rooflight in the easternelevation; the rearmost of the rooflights in the western elevation; and the first floor windows in the western elevation, as shown on drawings 216083/04E and 216083/06E, the previously mentioned windows shall be fitted with obscure glazing and thereafter the obscure glazing shall be retained.

REASON: In the interests of residential amenity and privacy.

 

5. The garage hereby permitted shall not be used until the first five metres of the access, measured from the back edge of the carriageway, has been laid with a consolidated surfaced. The access shall be retained as such thereafter.

 

REASON: In the interests of highway safety.

 

6. The garage hereby permitted shall not be used until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The access, turning area and parking spaces shall be retained for the purposes of parking and vehicle manoeuvring at all times thereafter.

                                                     

REASON: In the interests of highway safety.

 

 

7. 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), the garage hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To secure the retention of adequate parking provision and to limit the residential conversion of the garage space, in the interests of highway safety and amenity.

 

8. Works associated with the construction of the development hereby permitted shall only take place between the hours of 08:00 to 17:00 from Mondays to Fridays and between the hours of 08:00 to 13:00 and on Saturdays.  No construction works associated with the development hereby permitted shall take place at any time on

 

Sundays and on Bank or Public Holidays.

 

REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.