Agenda item

Erection of two detached houses. Amendment to planning permission 14/01466/FUL consisting of the erection of single storey rear extensions to each dwelling.

The Committee received the report of the Head of Development Management, including the relevant planning history of the site and details of responses to the application.

The Principal Planning Officer introduced the item, explaining that the application proposed the erection of single storey, flat roofed rear extensions to the 2 detached houses approved under application reference 14/01466/FUL. The extensions would be finished in materials to match the constructed houses.  No other amendments were proposed.

The Chair invited local resident Robert Teesdale to speak in objection to the application.  Mr Teesdale explained that he lived at 2 Richmond Drive and was speaking on behalf of local residents. 

Mr Teesdale described a timeline dating back to December 2011 when the developer’s first planning application had been rejected by Watford Borough Council.  He then detailed a series of applications and failures to comply with planning conditions.  Residents considered that the applicant had been deliberately deceptive in his dealings with the planning authority.

The current application was an overdevelopment which would impact adversely on neighbouring properties leading to a loss of privacy.  He urged the committee to refuse planning permission.

Thanking the speaker, the Chair invited County Councillor Watkin to speak to the committee.  County Councillor Watkin underlined the applicant’s apparent disregard for the planning system.  He considered that the committee could refuse the current application on the grounds that it was an overdevelopment.

Although expressing concern about the applicant’s conduct in regard to the planning authority, committee members argued that this did not represent grounds to refuse application 16/00124/FUL.  The proposed extension was within the bounds of acceptability according to planning rules, meeting all light, outlook and privacy criteria.

The Chair moved the officer recommendation.

In accordance with Standing Committee Procedure Rules, paragraph 4.4, as an equal division of votes had been cast, the Chair used his casting vote for the officer’s recommendation.

RESOLVED –

That planning permission be granted subject to the conditions listed below:

1.         Construction of the development hereby permitted shall not take place before 8am or after 6pm Mondays to Fridays, before 8am or after 1pm on Saturday, and not at all on Sundays and Public Holidays.

2.         The external surfaces of the development hereby approved shall be finished in accordance with the materials specified in Discharge of Condition application 15/00396/DISCON (approved 24^th April 2015).

3.         The hard landscaping shall be laid out in accordance with the details shown on drawing No. 16/01 – SP02, unless otherwise agreed in writing by the Local Planning Authority.

4.         The soft landscaping scheme shown on drawing No. 13/07 – SP SK01 (approved under planning application reference 14/01466/FUL) and detailed in the Landscape Specification dated January 2014 Rev A shall be carried out not later than the first available planting and seeding season after completion of the development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

5.         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B or C of the Order shall be carried out to the dwellings hereby approved without the prior written permission of the Local Planning Authority.

6.         The proposed windows in the north-western and south-eastern side elevations of the dwellings hereby approved shall be permanently fixed closed below 1.7m internal floor level and shall be fitted with obscured glass at all times unless otherwise agreed in writing by the Local Planning Authority.

7.         The boundary treatment around the boundaries of the site and within the site shall be installed in accordance with the details shown on drawing No. 13/07 – SP SK01 (approved under planning application reference 14/01466/FUL) prior to the first occupation of the dwellings hereby approved. The boundary treatment shall be maintained at all times thereafter. Details of any alternative boundary treatment shall be submitted to and approved in writing by the Local Planning Authority and such boundary treatment shall only be installed in accordance with any alternative details approved by this Condition.

8.         The dwelling on Plot 2 shall not be occupied until the new vehicular crossover for Plot 2 has been laid out in accordance with the layout shown on drawing No. 13/07 – SP SK01  (approved under planning application reference 14/01466/FUL) or any subsequent layout that has been submitted to and approved in writing by the Local Planning Authority.

9.         The dwellings shall not be occupied until the surface water drainage system for the hard surfacing to the front of the houses has been constructed in accordance with the details shown on drawing No. 119 03 A (approved under planning application reference 14/01466/FUL), unless otherwise agreed in writing by the Local Planning Authority.

10.       The Construction Management Plan dated 8th February 2014 shall be implemented throughout the construction period.

11.       The development hereby approved shall be constructed in accordance with the proposed finished floor level and proposed ground levels shown on drawing No. 119 02 Rev A (approved under planning application reference 14/01466/FUL). 

12.       The dwellings shall not be occupied until weatherproof cycle storage has been provided in accordance with the details specified in Discharge of Condition application 15/00398/DISCON (approved 9^th June 2015).

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

16/01 – LP01; 16/01 – PL05; 16/01 – PL06; 16/01 – PL07; 16/01 – PL08; 16/01 – SP01; and 16/01 – SP02.         

Informatives

1.         In dealing with this application, Watford Borough Council has considered the proposal in a positive and proactive manner having regard to the policies of the development plan as well as paragraphs 186 and 187 of the National Planning Policy Framework and other material considerations, and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010, as amended.

2.         This permission does not remove the need to obtain any separate consent, which may be required under the Buildings Act 1984 or other building control legislation. Nor does it override any private rights which any person may have relating to the land affected by this decision.  To find out more information and for advice as to whether a Building Regulations application will be required please visit www.watfordbuildingcontrol.com.

3.         This planning permission does not remove the need to obtain any separate consent of the owner of the adjoining property prior to commencing building works on, under, above or immediately adjacent to their property (e.g. foundations or guttering). The Party Wall Etc Act 1996 contains requirements to serve notice on adjoining owners of property under certain circumstances, and a procedure exists for resolving disputes.  This is a matter of civil law between the two parties, and the Local Planning Authority are not involved in such matters.  A free guide called "The Party Wall Etc Act 1996: Explanatory Booklet" is available on the website of the Department for Communities and Local Government at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

4.         All new units granted planning permission and to be constructed require naming or numbering under the Public Health Act 1925. You must contact Watford Borough Council Street Naming and Numbering department as early as possible prior to commencement on streetnamenumber@watford.gov.uk or 01923 278458. A numbering notification will be issued by the council, following which Royal Mail will assign a postcode which will make up the official address. It is also the responsibility of the developer to inform Street Naming and Numbering when properties are ready for occupancy.