Agenda item

Planning Application 15/02097/FUL - Fairport, Furnham Crescent, Chard

Minutes:

Application Proposal: The erection of 1 No. detached dwelling

(Having earlier declared a personal and prejudicial interest, Councillor Garry Shortland left the room during consideration of the application).

The Planning Officer introduced the report and with the aid of slides and photographs summarised the details of the application as set out in the agenda. The key considerations were character and appearance, including the appearance of streetscene, residential amenity and highway safety. The Planning Officer’s recommendation was for approval. He proposed an additional condition to those outlined in the report to ensure that the window on the side elevation facing Trelowena was obscured glazed and fixed close.

In response to questions, Members were informed of the following:

· The extension to the neighbouring property had been built since the previous application and did not require planning permission;

· Mr Lee, the owner of the property next door to the application site confirmed that planning permission was live when he purchased his property. He also advised that he had experienced problems with land registry at the time of purchasing his property and that the planning permission had failed to show up on the search;

· The original planning application expired in April 2014;

· There was no obligation for a planning permission to be activated;

· There had been no policy changes since the original application was approved.

The Committee was addressed by Ivan and Katy Lee in objection to the application. Points raised during the representation included the following:

· The development was not in keeping with the other bungalows in the crescent;

· She was not aware that any other properties in the road had accommodation in the roof;

· The proposed development was too close to the neighbouring property and would restrict their privacy;

· Concerns over loss of light.

The Committee was addressed by Mark Fox, representing the Applicant. He explained that the previous planning permission had lapsed due to the applicant’s health situation. He said that the owner of the next door property had moved into the property in 2011 and that planning permission was still in place at the time. He commented that the extinguishment of a footpath had also delayed the process. He explained that the plot was large and therefore more difficult to sell and it made much more sense to utilise the plot. He believed that the plans were in keeping with the surrounding area.

Ward Member, Cllr. Jenny Kenton stated that the estate comprised a mix of properties. She commented that there were a number of extensions to properties along Furnham Road that occupied a much larger area and felt that this proposal was much smaller in comparison. She also highlighted that there had been no policy changes since the previous application was approved.

During consideration of the item, members expressed their support for the application commenting that there had been no policy or material change since the previous application and commented that the next door extension had been built when planning permission was still in place.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation outlined in the agenda report subject to the addition of a further condition to ensure that the window on the side elevation facing Trelowena was obscured glazed and fixed close. On being put to the vote, the proposal was carried 10 in favour, 0 against and 2 abstentions.

RESOLVED:

That Planning Application No. 15/02097/FUL be APPROVED as per the Planning Officer’s recommendation outlined in the agenda report subject to:

An additional condition to ensure that the window on the side elevation facing Trelowena is obscured glazed and fixed close.

The prior completion of a Section 106 Planning obligation (in a form acceptable to the Council's solicitor) before the decision notice granting planning permission is issued, to secure a financial contribution towards affordable housing.

For the following reason

01. Notwithstanding the comments made by the neighbours, it is considered that the proposal would, by reason of its size, form, design and materials, respect the character of the area and would not adversely affect residential amenity or highway safety in accordance with the aims and objectives of policies SD1, SS1, TA5, TA6, EQ1 and EQ2 of the South Somerset Local Plan and the National Planning Policy Framework.

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: drawing nos KDHP3, KDHP4, KDHP5 and KDHP6 received 23 July 2015 and 20 August 2015.

Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

03. The development hereby approved shall not be commenced unless particulars of the materials (including the provision of samples where necessary) to be used for the walls and roof of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

04. The development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The scheme shall include the retention of existing mature trees and shrubs on the southern and western boundaries of the site.

Reason: In the interests of visual and residential amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

05. The area allocated for parking on the submitted plan drawing no. KDHP5 shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of South Somerset Local Plan (Adopted March 2015).

06. There shall be no obstruction to visibility greater than 600mm above adjoining road level forward of a line drawn 2.4m back and parallel to the nearside carriageway edge over the entire site frontage (including land edged in blue). Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of South Somerset Local Plan (Adopted March 2015).

07. The development hereby permitted shall not be commenced unless surface water drainage details to serve the development have been submitted to and agreed in writing by the Local Planning Authority. Such approved details shall include soakaways and they shall be completed and become fully operational before the development is first used. Following its installation such an approved scheme shall be permanently retained and maintained thereafter.

Reason: In order to manage surface water run-off and flood risk from the development, in accordance with policy EQ1 of the South Somerset Local Plan and chapter 10 of the National Planning Policy Framework.

08. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no additional windows, including dormer windows and roof lights, or other openings (including doors) shall be formed at first floor level in the dwelling hereby permitted without the prior express grant of planning permission.

Reason: In the interests of visual and residential amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

09. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to the dwelling hereby permitted without the prior express grant of planning permission.

Reason: In the interests of visual and residential amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

10. The development hereby approved shall not be commenced unless details of the full boundary treatment of the site, including all fencing, walls and gates have been submitted to and agreed in writing by the Local Planning Authority. Such agreed boundary treatment shall be completed before the dwelling is first occupied and maintained thereafter.

Reason: In the interests of visual and residential amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

11. Prior to the first occupation of the development hereby approved being first brought into use the window in the north west elevation hereby approved shall be fitted with obscure glass (and fixed close) and shall be permanently retained and maintained in this fashion thereafter.

Reason: In the interests of residential amenity to comply with Policy EQ2 of the South Somerset Local Plan (2006-2028)

Informatives:

01. The applicant's attention is drawn to the comments of the Rights of Way Officer and that no development should take place on the line of the recorded public footpath until an extinguishment order has been made and confirmed.

02. The applicant's attention is drawn to the advice of Wessex Water in their letter of 16 June 2015.

(Voting: 10 in favour, 0 against, 2 abstentions)

Supporting documents: