Agenda item

The report and addendum were introduced, and slides presented by the Planning Officer.

 

The Committee received a verbal representation from the Applicant, Mr Patcas

 

The Committee had the opportunity to ask questions of the officers.

 

Following discussions, the Committee voted on the Officer recommendation to refuse the application as set out in the report and addendum.

 

 

Votes were recorded as follows:

For (Refusal): 1

Against (Refusal): 3

Abstention:2

 

RESOLVED that the application be approved.

 

Councillor Mearing Smith, seconded by Councillor Conway moved a motion to approve the application for the following reasons:

 

Members of the committee considered, on balance, in these particular circumstances, that the harm to the amenities of neighbouring occupiers and the character and appearance of the property, is outweighed by the personal circumstances of the applicant.

 

Proposed conditions:

 

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

Pre-existing Plans: EX-P001, EX-P002, EX-P003, EX-P004, EX-E001, X-E002, EX-S001, dated January 2021.

As built plans: PR01, PR02, PR03, PR04, PR05, PR06, dated January 2022

Proposed plans: 112A P01, 112A P02, 112A P03, 112A P04, 112A P05, 112A P06, dated 01.04.2022

 

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with Policies CS NPPF and CS1 of the Local Plan Core Strategy DPD (adopted September 2012) and Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012).

 

2.The development shall be implemented in accordance with the hereby approved plans within 4 months from the date of this permission.

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with Policies CS NPPF and CS1 of the Local Plan Core Strategy DPD (adopted September 2012) and Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012).

 

3.The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s).

Reason: To safeguard the visual amenities of the building and surrounding area in accordance with Policy DM01 of the Development Management Policies DPD (adopted September 2012) and Policies CS NPPF and CS1 of the Local Plan Core Strategy (adopted September 2012).

 

4.Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no windows or doors shall be placed at any time in the side elevation facing No.7 Marlborough Avenue

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties in accordance with policy DM01 of the Development Management Policies DPD (adopted September 2012).

 

5.The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area.

Reason: To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking in accordance with policy DM01 of the Development Management Policies DPD (adopted September 2012).

 

6.Before the building hereby permitted is first occupied the proposed doors and windows in the side elevation facing 3 Marlborough Avenue shall be glazed with obscure glass only up to a point 1.7m above internal floor level and shall be permanently retained as such thereafter.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties in accordance with Policy DM01 of the Development Management Policies DPD (adopted September 2012) and the Residential Design Guidance SPD (adopted October 2016).

Informative 1: Failure to comply with condition 2 will result in further enforcement action.

 

The committee unanimously agreed the reasons for approval.

 

Votes on the motion to approve for the reason outlined above were recorded as follows:

 

For (Approval): 3

Against (Approval):1

Abstention:2

 

Therefore, the application was APPROVED

 

RESOLVED that the application be APPROVED for the following reasons:

 

Proposed conditions:

 

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

Pre-existing Plans: EX-P001, EX-P002, EX-P003, EX-P004, EX-E001, X-E002, EX-S001, dated January 2021.

As built plans: PR01, PR02, PR03, PR04, PR05, PR06, dated January 2022

Proposed plans: 112A P01, 112A P02, 112A P03, 112A P04, 112A P05, 112A P06, dated 01.04.2022

 

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with Policies CS NPPF and CS1 of the Local Plan Core Strategy DPD (adopted September 2012) and Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012).

 

2.The development shall be implemented in accordance with the hereby approved plans within 4 months from the date of this permission.

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with Policies CS NPPF and CS1 of the Local Plan Core Strategy DPD (adopted September 2012) and Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012).

 

3.The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s).

Reason: To safeguard the visual amenities of the building and surrounding area in accordance with Policy DM01 of the Development Management Policies DPD (adopted September 2012) and Policies CS NPPF and CS1 of the Local Plan Core Strategy (adopted September 2012).

 

4. Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no windows or doors shall be placed at any time in the side elevation facing No.7 Marlborough Avenue

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties in accordance with policy DM01 of the Development Management Policies DPD (adopted September 2012).

 

5.The roof of the extension hereby permitted shall only be used in connection with the repair and maintenance of the building and shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area.

Reason: To ensure that the amenities of the occupiers of adjoining properties are not prejudiced by overlooking in accordance with policy DM01 of the Development Management Policies DPD (adopted September 2012).

 

6.Before the building hereby permitted is first occupied the proposed doors and windows in the side elevation facing 3 Marlborough Avenue shall be glazed with obscure glass only up to a point 1.7m above internal floor level and shall be permanently retained as such thereafter.

Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties in accordance with Policy DM01 of the Development Management Policies DPD (adopted September 2012) and the Residential Design Guidance SPD (adopted October 2016).

Informative 1: Failure to comply with condition 2 will result in further enforcement action