Agenda item

The erection of a two storey side and single storey rear extension to dwellinghouse (part retrospective/revised applications) 10 Westbury Gardens Higher Odcombe Yeovil

The Case Officer, Service Delivery presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.  She confirmed the application was a revised application from the application that had previously been refused at committee and dismissed at appeal, with the only revision being the use of matching stone on the side elevation of the two-storey side extension instead of render. 

She referred to the previous planning appeal decision and the Inspectors’ comments stating that the two storey side extension itself would be acceptable but the proposed use of render on the two storey side extension would cause harm to the present streetscene.  This revised application has addressed that concern

The Case Officer confirmed that there were no further updates to the report and summarised the key considerations.  She concluded that her recommendation was to approve the application for reasons as set out in the agenda report.

In response to questions, members were informed of the boundary distances between the adjacent property and that maintenance of property boundaries is not a planning consideration.

A member of the public then spoke in objection to the application.  She explained she lived in the next door property and that the additional height was very oppressive and overbearing with the extension built to such close proximity of their boundary.  She said the building works and scaffolding have be ongoing for an extensive period of time causing undue stress. That the original proposed single storey extension had been acceptable but that the two storey extension was extremely dominant and had a severe impact on the privacy of the rear of their property and believe it to be overdevelopment and out of keeping with the area and contrary to Policy EQ2. 

The applicant then addressed the committee and said that he was willing to replace any plants and make good any damaged caused in the construction phase.  He explained that he had kept the neighbours fully informed of his plans throughout the building phase and expressed his disappointment on the lengthy process and time taken.    He referred to the Planning Appeal and the Inspectors comments and hoped that this application addresses these concerns and that members would support this application.  

Ward member, Councillor Gina Seaton said this proposal was overbearing and dominated the view to the neighbouring bungalow.  She said the original proposed single storey extension had been acceptable but considered this proposal to be oppressive and had a severe impact on the privacy of the rear of the neighbouring property and out of keeping with the area and contrary to Policy EQ2.

During discussion, members raised comments including the following:

·         Reasons for original refusal had now been tested and believed this revised application addresses these concerns. 

·         Appreciate the main issues raised but regrettably these are civil matters and not for planning consideration.

·         In light of the Planning Inspectors’ findings and the use of matching stone on the side elevation instead of render believe there no other reasons to refuse the application.

·         Still believed the proposal to be oppressive and overbearing and had a severe impact on the privacy of the rear of the neighbouring property.

Following a short discussion it was proposed and seconded to approve the application as set out in the agenda.  On being put to the vote this was carried by 11 votes in favour, 3 against and 2 abstention.

RESOLVED: 

That Planning Application 19/00717/HOU be approved for the following reason:

01.       The proposal, by reason of its size, scale and materials, respects the character of the area and causes no demonstrable harm to residential amenity in accordance with the aims and objectives of Policy EQ2 of the South Somerset Local Plan (2006-28) and the provisions of the National Planning Policy Framework 2019.

SUBJECT TO THE FOLLOWING:

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

            Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans date stamped as received 01 March 2019 and reference:

            As Proposed - Ground Floor plan, Roof plan, Site/Block Plan, Location Plan, Section and Elevations

            First Floor Plans and Cross Sections

            And the external surfaces of the development shall be of materials as indicated in the application form and no other materials shall be used without the prior written consent of the local planning authority.

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

03.       Prior to the development hereby approved being first brought into use the first floor window on the rear elevation shall be fitted with obscure glass and shall be permanently maintained in this fashion thereafter.

            Reason: In the interests of residential amenity in accordance with Policy EQ2 of the South Somerset Local Plan 2006-28

04.       Notwithstanding the provisions of Class B and C 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 additional or other alterations to the roof of the dwellinghouse including dormer windows, shall be carried out without the prior express grant of planning permission:

            Reason: In the interests of residential amenity and to avoid overdevelopment in accordance with policy EQ2 of the South Somerset Local Plan 2006-28 and the provisions of the National Planning Policy Framework 2019.

(voting: 11 in favour, 3 against, 2 abstentions)