Agenda item

Part retrospective application for demolition of existing dwelling and erection of two detached five bedroom dwellings (amendments to planning permission 12/00815/FUL)

The Committee received a report of the Development Management Section Head including the relevant planning history of the site and details of seven letters of objection. 

 

The Chair invited Mr John Hastie to speak to the Committee. 

 

Mr Hastie pointed out that the dwellings currently being built differed from the original drawings in that a single storey extension was being constructed and that windows had been added or changed altogether. 

 

Mr Hastie referred to application 11/01178/FUL which had been refused for several reasons including the height of the roof.

 

Application 12/00815/FUL had been discussed at a Development Control Committee meeting in October 2012 when the plans had shown that the roof line would be lowered.  Mr Hastie considered that it was unreasonable that the roofline in the present application had been raised.  Whilst the report advised that there would be no adverse effect on the street scene the increase in roof height would inevitably impact on the surroundings. 

 

Mr Hastie then addressed the aspect of the buildings from the Langley Way viewpoint.  He noted the chimneys which would be to full ridge height and unnecessarily close to the boundaries of the plots.  He added that there were no such chimneys in the locality and that those proposed would contribute to a poor design feature.  Mr Hastie asked whether, in the event of approval for the proposal a condition could be applied whereby the chimney position could be moved to the other side of the dwelling house. 

 

Mr Hastie then advised on the single storey extensions to the rear of the properties.  He pointed out that these extensions were not included in the plans and asked if they could be removed.

 

The Committee agreed that Councillor Jeffree, ward councillor for Park ward, could speak on matters regarding the application.

 

Councillor Jeffree noted that although the original application had been refused, having been deemed too large, two houses were currently being built without relevant planning permission; he noted the incremental changes to the plans.

 

Councillor Jeffree then addressed issues of the height of the proposed houses and noted that since the foundations were not set at a lower level the completed homes would be visibly higher than adjacent dwellings.   He commented that the internal layout had been changed and that, whilst this was acceptable in planning terms, the consequent alteration to the chimney position impacted on the exterior design.  He agreed that the chimneys would be located on the boundary of the plot and that there was no good reason for this change.   

 

Councillor Jeffree said that the plans bore no relation to the reality of the homes currently under construction: the roof windows, general fenestration and height were all incorrect.  In addition there was no evidence of the rear extensions on the plans; these extensions should be removed.  He stressed that the Committee were asked to approve the scheme but not the current reality. 

 

Councillor Jeffree requested that two conditions be appended to the application:

·        to alter the position of the chimneys

·        that there be a specific requirement to remove the extensions by a defined date

 

The Chair asked for officers’ comments on Councillor Jeffree’s suggestions. 

 

The Applications Casework Manger confirmed that the application documents contained no plans for an extension and that the Committee was asked to approve the proposal as detailed in the agenda report.  He added that enforcement action to remove the extensions could be taken as a separate issue. 

 

With regard to the height of the houses, the Applications Casework Manager advised that the previous plans had been refused on grounds of the 8.9m height; this height had been reduced to 8.4m in the approved scheme and the height now sought was 8.65m. 

 

Councillor Watkin asked when enforcement action could be effected. 

 

The Development Management Section Head explained that enforcement action could be taken as soon as a need was identified.  He advised, however, that the test of expediency must be applied; the Council was obliged to consider whether it would be appropriate in all the circumstances to take enforcement action. 

 

The Development Management Section Head reminded the Committee that the immediate matter to be considered at the meeting was the application as set down in the report.   If approval for the plans was granted, appropriate enforcement action could then be considered.  He advised that no plans for extensions had been submitted and that if construction were continued removal could be enforced. 

 

Councillor Derbyshire said that the behaviour of the developer was unacceptable and reiterated that a rear extension did not form part of the plans for which approval was sought.  He noted that the developer’s agent had affirmed that the extensions would be removed but asked whether reliance could be placed on this assurance; he suggested that approval should be conditional on the extensions being demolished. 

 

The Development Management Section Head said that this condition could be included.

 

With regard to a decision to refuse the application, Councillor Derbyshire asked whether refusal would be possible on grounds of height.  He also noted that it would be preferable for the chimneys to be sited further from the Langley Way aspect.  He suggested that approval could depend on a condition specifying that the chimneys were reassigned to their original sites. 

 

The Applications Casework Manager responded that this condition could be included but cautioned that the Applicant could appeal. 

 

Councillor Bashir commended the residents for their vigilance in noting progress on the development site.  He advised that the Committee were obliged to support the application as there were no reasonable grounds for refusal but insisted that the extensions must be removed. 

 

The Chair asked that two conditions be attached in connection with the chimney and extensions.

 

RESOLVED –

 

That planning permission be granted subject to the following conditions:

 

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.         Within two calendar months of the date of this decision, details and samples of the materials to be used for all the external finishes of the dwellings, including all external walls, all roofs, doors, windows, fascias, rainwater and foul drainage goods, shall be submitted to the Local Planning Authority for approval. The development shall be carried out only in accordance with approved details and samples.

 

3.         The hard landscaping shall be laid out in accordance with the details shown on drawing No. 13/07 – SP SK01, unless otherwise agreed in writing by the Local Planning Authority.

 

4.         The soft landscaping scheme shown on drawing No. 13/07 – SP SK01 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 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 hereby approved 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 (or any subsequent layout that has been submitted to and approved in writing by the Local Planning Authority).

 

9.         The dwellings hereby approved shall not be occupied until the scheme for parking has been laid out in accordance with drawing No. 13/07 – SP SK01 (or any subsequent layout that has been submitted to and approved in writing by the Local Planning Authority). The parking area shall be retained for the parking of vehicles at all times thereafter.

 

10.       The dwellings hereby approved 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, unless otherwise agreed in writing by the Local Planning Authority.

 

11.       The Construction Management Plan dated 8^th February 2014 submitted pursuant to Condition 12 of planning permission 12/00815/FUL shall be implemented throughout the construction period.

 

12.       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. No change in ground levels shall be made other than those shown on drawing Nos. 119 01 and 119 02 Rev A.

 

13.       Within two calendar months of the date of this decision, details of the size, design and siting of weatherproof cycle storage shall be submitted to the Local Planning Authority for approval. The dwellings hereby approved shall not be occupied until the cycle storage has been provided in accordance with the approved details.

 

14.       Subject to the requirements of Condition 15, the development hereby permitted shall be carried out in accordance with the following approved drawings:

 

13/07-LP01; 119 01; 119 02 Rev A; 119 03 Rev A; 13/07–SP SK01; 13/07–P1 SK01; 13/07-P1 SK02 Rev A; 13/07–P2 SK01; 13/07-P2 SK02.

 

15.       Notwithstanding any details shown on the drawings referred to in Condition 14, the chimney of the dwelling on Plot 1 shall be constructed on the south-eastern flank elevation in the position shown on the drawings approved under planning permission 12/00815/FUL granted on 11 October 2012, and the dwelling shall not be occupied until additional drawings showing this change (and any other consequential changes to the layout, design and appearance of the dwelling) have been submitted to and approved in writing by the Local Planning Authority.

 

16.       The dwellings hereby approved shall not be occupied until the partially constructed single storey rear extensions shall have been demolished.

 

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.         The applicant shall contact the South West Highways Area Team to obtain i) their permission/requirements regarding access for vehicles involved in the construction of the new dwellings; ii) a condition survey of any adjacent highways which may be affected by construction vehicles together with an agreement with the Highway Authority that the developer will bear all costs in reinstating any damage to the highway.

 

3.         Works to be undertaken on the adjoining Highway will require an Agreement with the Highway Authority. Before commencing the development the applicant shall contact the South West Highways Area Team to obtain their permission/requirements. This is to ensure any works undertaken in the highway is constructed in accordance with the Highway Authority’s specification and by a contractor who is authorised to work in the public highway.

 

Drawing numbers

13/07-LP01; 119 01; 119 02 Rev A; 119 03 Rev A; 13/07–SP SK01; 13/07–P1 SK01; 13/07-P1 SK02 Rev A; 13/07–P2 SK01; 13/07-P2 SK02