Issue - meetings

RESOLVED: That application 20/02631/FP be GRANTED planning permission subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the following amended conditions and additional informative:

Condition 4 be amended to read:

“4. Prior to the commencement of the development hereby approved, a landscaping plan is to be submitted to and approved by the Local Planning Authority and only the approved details must be implemented on site.  The landscaping plan shall include the following:

a)         which, if any, of the existing vegetation is to be removed and which is to be retained;

b)         what new trees, shrubs, hedges and grassed areas are to be planted, together with the species proposed and the size and density of planting;

c)         the location and type of any new walls, fences or other means of enclosure and any hardscaping proposed including boundary treatments with the neighbouring Claypit Cottages as well as within the development; and

d)         details of any earthworks proposed.

e)         details of additional screening to the western boundary of the site, to ensure privacy between the plot and neighbouring properties.

Reason: In the interests of the visual amenity of the site.”

Condition 6 be amended to read:

“6. No development shall take until details of the proposed finished floor levels; ridge and eaves heights of the building hereby approved have been submitted to and approved in writing by the Local Planning Authority. The submitted levels details shall be measured against a fixed datum and shall show the existing and finished ground levels surrounding the dwelling hereby approved. The ground level immediately surrounding the proposed dwelling, the finished floor level and ridge height will match those shown on drawings 19.20:03J and 19.20:05D.  The development shall be carried out as approved.”

The following Informative be included:

“It is recommended that approval is sought from the relevant Water and Sewerage Company (WaSC) for the intended discharge of surface water into the foul sewer which crosses the site.”

Audio Recording – 6 minutes 10 seconds.

Erection of one detached 3- bedroom dwelling house, including use of existing garage and existing vehicular access and provision of 2 further on-site car parking spaces (as amended by drawings received 16th and 18th December 2020).

The Principal Planning Officer presented the report in respect of application 20/02631/FP supported by a visual presentation consisting of plans and photographs and provided the following updates:

·                Since publication of the report three further consultation responses from the neighbour at 3 & 4 Claypit Cottages had been received which had been circulated to Members;

·                The officer summarised the issues raised in these responses including the issues of land levels, surface water runoff and potential overlooking by users of the side access door of the existing garage.

·                Condition 4 requiring a landscaping plan to be submitted and approved prior to commencement was to be amended to include details of additional screening to provide privacy;

·                Condition 6 requiring survey plans detailing ground levels was to be amended to require the development to match levels as stated in the plans currently before the Committee;

·                The Lead Local Flood Authority (LLFA) had raised no objections and was satisfied with the drainage conditions but an informative was to be added to the report advising the applicant to seek approval from the relevant Water and Sewerage Company.

The Chair invited Alan Jones to address the Committee.

Alan Jones thanked the Chair for the opportunity to speak in objection to the application and addressed the Committee including:

·                The committee should be bound by the decision of the planning inspector;

·                Policy 57 should continue to apply;

·                This site had an extensive and complex history with the planning authority in part due to officers’ failure to prevent the illegal construction of a property on the site which had to be demolished;

·                The first development permitted on this site was unviable due to the location of a drain and the applicant in that case went on to construct in an alternative but not permitted location;

·                Mr Jones had instigated proceedings for judicial review of the Council’s actions relating to the unlawful construction and these proceedings were still outstanding;

·                A senior planning inspector had ordered the unlawful property demolished and stated that the application approved in 2012 would be an acceptable fallback position for all parties;

·                The present application did not overcome the reasons for demolition outlined in the decision of the inspector;

·                The binding decision of the inspector stated that the operative issue was the distance between the proposed building and the boundary with Mr Jones’ neighbouring property, not the distance between the proposed building and his buildings;

·                Officers must not attempt to dilute the binding decision and must compare the application at hand with the approval in 2012 and examine any policy which might cause them to deviate from the development approved by the inspector;

·                References in the officer’s report to Emerging Policy D3 were not relevant and policy 57 deemed relevant by the inspector had not  ...  view the full minutes text for item 93