Agenda item

Application Proposal: Construction of dormer window to rear roof slope (Retrospective 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 impact on the conservation area and the statutory duty to ‘preserve or enhance’.  There were no updates to the report.  The Planning Officer’s report was for refusal.

In response to questions from Members, the Planning Officer confirmed that:

·         Contact had been made with Development Control and Building Control prior to the application being made;

·         The application submitted to Building Control had not been seen by the Development Control Department;

·         With reference to Section 72 of the Listed Building and Conservation Areas Act 1991, there were several court cases that had taken the same line;

·         If the dormer was located outside of the Conservation Area, it would still require planning permission.

The Committee was addressed by John Sullivan, Chairman of Winsham Parish Council.  He explained that the applicant did not realise that his property was located within a Conservation Area and had not mentioned the fact to Building Control.  The applicant had been advised that the work could be carried out under permitted development.  He gave details of the applicant’s personal circumstances and commented that the loss of the facility would be detrimental to the applicant’s family.  He commented that the Conservation Area was important but the dormer caused no visual impact and had support from local residents in the village.

The Committee was then addressed by Mr Weller in support of the application.  He explained that he lived in one of only four properties that were only overlooked in their back gardens.  He noted that there had been no objections to the window and commented that the dormer was not visible from the main road and was in keeping with the rear elevation of the property.         

The Applicant, Mr Willis explained that he had looked at several ways of expanding his property but it was not possible to extend at the back and the only way of providing space was to extend into the loft.  He had contacted Building Control and discussed the proposed plans.  He was not aware that his property was located within a Conservation Area.  He was unaware that communication between Building Control and Development Control was not automatic.  He confirmed that work was now complete and that his immediate neighbour supported the development.  The Parish Council also supported the application and was keen for young families to remain in the village.  He was of the opinion that he had acted in good faith and asked members to consider the detrimental effect on his family if the application were to be refused.

Ward Member, Councillor Sue Osborne referred to Section 72 of the Listed Building and Conservation Area Act and commented that many of the court cases were not relevant to this application. She noted that the demand for family housing was identified within the Parish Plan for Winsham.  She referred to the structure as being functional and acceptable to the community.  She pointed out that the roofs opposite the development were also slate.  She believed that the dormer was an efficient use of land and met a housing need in a small village. 

During the ensuing discussion, a number of comments were made in support of the application which included the following:

·         The dormer could not be seen from any location other than a neighbouring garden; 

·         Section 72 of the Listed Building and Conservation Area Act 1991 mainly referred to listed buildings and serious heritage assets; 

·         There was no other alternative design because of the headroom required;

·         There were no neighbouring objections;

·         The design guidance was over the top in relation to this application;

·         Harm was not significant enough to warrant refusing the application;

·         The Parish Council was supportive of the application and it was the only solution to the family staying in the village.  

The Senior Legal Executive advised that in making their decision, members needed to be mindful of the fact that personal circumstances would not normally be taken into consideration when considering planning applications, however, if members were of the view that there were exceptional personal circumstances in this case, they would need to provide clear reasons for accepting the application on those grounds.

At the conclusion of the debate, it was proposed and seconded to approve the application contrary to the Planning Officer’s recommendation subject to a time limit condition for the following reasons: 

·         No significant harm to the character and appearance of the Conservation Area;

·         Accords with Chapter 12 of the National Planning Policy Framework.

On being put to the vote, the proposal was carried 12 in favour, 0 against and 1 abstention.