Retrospective application for the erection of a front porch and the retention of single storey side and rear extension with revised roof

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

The Principal Planning Officer (AR) introduced the report.  She explained that this was a retrospective application for the erection of a front porch and the retention of a single storey side and rear extension with revised roof (variation from 16/01723/FULH).

The Chair invited Janet Millard, a local resident, to speak to the committee in opposition to the application.  Mrs Millard explained the frustration and dismay of surrounding neighbours as alterations were made to the property.  These lacked proper adherence to the published plans, were poorly executed and were out of character with the appearance of the area.

Neighbours in adjacent properties had particular concerns about the loss of sun and daylight, as well as outlook, as a result of the building works.  They also questioned the legitimacy and purpose of a further building constructed in the applicant’s back garden.

The Principal Planning Officer explained that although developments to the property were unauthorised, this did not provide grounds to refuse planning permission.  Refusal required there to be demonstrable planning harm to neighbours.

The Chair thanked the speaker and invited comments from the committee.

Committee members were sympathetic to neighbours’ concerns about the alterations which had been carried out by the applicant.  However, the council and committee had limited powers to act and their focus was to assess whether or not the changes to the approved scheme were acceptable in planning terms. 

Members noted that substantial elements of the extensions could have been built with permitted development rights, that what had been built did not contravene the council’s residential design guidance or BRE sunlight and daylight assessments and did not result in undue overlooking or harm to neighbours.

The Chair moved the officer’s recommendation.

RESOLVED –

that planning permission be granted subject to the following conditions:

1.         The development shall be carried out in accordance with the following drawings, unless otherwise approved in writing by the Local Planning Authority. The following drawings are hereby approved: Site Location Plan 1:1250 and CPA-125/7 Rev H.

2.         All the external surfaces of the development shall be finished in materials to match the colour, texture and style of the existing building. In the event of matching materials not being available, details of any alternative materials shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the development shall only be carried out in accordance with any alternative details approved by this Condition.

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.         You are advised of the need to comply with the provisions of The Control of Pollution Act 1974, The Health and Safety at Work Act 1974, The Clean Air Act 1993 and The Environmental Protection Act 1990.

            In order to minimise impact of noise, any works associated with the development which are audible at the site boundary should be restricted to the following hours:

            Monday to Friday 8am to 6pm

            Saturdays 8am to 1pm

            Noisy work is prohibited on Sundays and bank holidays

            Instructions should be given to ensure that vehicles and plant entering and leaving the site comply with the stated hours of work.

            Further details for both the applicant and those potentially affected by construction noise can be found on the Council's website at: https://www.watford.gov.uk/info/20010/your_environment/188/neighbour_complaints_%E2%80%93_construction_noise

5.         The planning officer's full report gives more detail than is to be found in the Decision Notice.  The full report can be obtained from the Council's website www.watford.gov.uk/planning, or on request from the Regeneration and Development Department.