Agenda item

Section 73A application to vary planning condition 06 of approval 11/00822/FUL to allow the substitution of plans to regularise that which has been built. Reconfiguration of Plot 1 to provide rear access and private garden following relocation and increased width of footpath 

The Planning Officer introduced the report as detailed in the agenda with the assistance of a power point presentation, which included a photograph submitted by Castle Cary Town Council.

Pek Peppin, representing Castle Cary Town Council addressed the committee and spoke in opposition to the application. She informed the Committee that the Town Council feel strongly that the retrospective application is very different to previously approved plans and that the façade should be improved.  She expressed her concern that the wrong message will be sent out if a retrospective application is approved and that planning rules should be followed. 

Mr C Kay addressed the committee and spoke in opposition to the application. He believed retention of the character of buildings in market towns was important. He expressed his concern that this would set a president for further unacceptable design.

Mrs J Fawcett, the agent acting on behalf of the applicant addressed the committee and spoke in support of the application. She thanked the Planning Officer for writing a detailed report and provided an explanation of the works carried out. She explained that the amendments would avoid future maintenance issues and that the applicant has provided a footpath which compressed the size of the site further. It was thought that the design blended in with the existing streetscene and that the adjoining terrace will provide screening.

During the short discussion, the agent pointed out that there was an omission on one of the drawings and that a chimney should have been included.

It was proposed and subsequently seconded that approval be given subject to an additional condition to agree chimney details.

On being put to the vote this was carried 8 votes in favour, 0 against and 2 abstentions.

RESOLVED:

That application 15/03371/S73A be approved subject to the officers recommendation and additional condition 6 to agree chimney details.

Justification

01.       The proposed development is of an appropriate design, scale, massing and appearance that would respect the character and appearance of the locality. The lack of on-site car parking is acceptable in this town centre location and the footpath can be delivered by condition. As such the proposal complies with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 4/03/2013.

            Reason:  To comply with Section 73A of the Act.

02.       Within 1 month of the date of this permission, particulars of all boundary treatments and hard surfacing materials shall be submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully implemented unless otherwise agreed in writing by the local planning authority.         

            Reason:   In the interests of visual and residential amenity in accordance with Policy EQ2 of the South Somerset Local Plan, 2006-2028.

03.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extension or outbuilding shall be erected without the prior express grant of planning permission.

            Reason: To safeguard visual and residential amenity in accordance with policy EQ2 of the South Somerset Local Plan, 2006-2028.

04.       Within 1 month of the date of this permission full details of the siting, design, materials and mechanism of on-going maintenance of a footpath across the site, as indicated in the submitted site layout 107.00.10 received 22 July 2015, shall be submitted to and approved in writing by the Local Planning Authority.  No dwelling unit hereby approved shall be occupied until such footpath has been constructed in accordance with the approved details, whereafter the footpath shall be retained and maintained.

            Reason: In the interests of securing pedestrian access directly to Station Road and to accord with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

05.       The development hereby permitted shall be carried out in accordance with the following approved plans: 107.00.00F; 01A, 02; 05C; 10A and 11A received 22.07.2015, and 107.02.00; 107.00.04b; and 107.01.00 received 28.09.2015; and external details note submitted as part of the application.

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

06.       Chimney details shall be submitted to and agreed in writing by the Local Planning Authority. Such details as shall be agreed shall be undertaken as part of the development hereby permitted.

            Reason: In the interests of visual amenity further to Policy EQ2 of the South Somerset Local Plan 2006- 2028.