Agenda item

RESOLVED: That application 21/03527/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following additional condition:

 

·         Condition 6 as follows:

 

““Before the dwelling hereby permitted is first occupied, the existing vehicular access driveway shall be surfaced in a permeable but non loose material (such as black top, permeable resin surface or block paving) for the first 17.5 metres when measured from the point where the vehicular access road meets the public highway  and thereafter shall be retained in perpetuity – Reason: In the interest of protecting the residential amenity of the existing dwelling at 60 Ashwell Road”

 

Reason: In the interests of appropriate hard surface design and correct phasing of development.

 

Audio Recording: 1:33:20

 

Councillor Tom Tyson announced to the Chair that he had a declaration of interest in this item and would leave the Chamber for the remainder of the item.

 

At this point Councillor Tom Tyson left the Chamber.

 

The Development and Conservation Manager advised that he had two updates to provide to Members concerning this report including:

 

·         Correction: This application has been called into the Committee by Councillor Steve Jarvis not Councillor Tom Tyson;

·         Add an additional condition regarding the vehicular access driveway to be resurfaced in a permeable but non loose material for the first 17.5 metres.

 

The Development and Conservation Manager presented the report in respect of application 21/03527/FP supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·         Councillor Ian Mantle

 

In response to questions, the Development and Conservation Manager advised:

 

·         The proposed dwellings do not specifically have areas of storage for mobility scooters and bicycles due to the bespoke design; could be stored in their own domestic space instead.

 

The Chair invited Phillip Hills to speak against the application.

 

Phillip Hills thanked the Chair for the opportunity to speak and gave a verbal presentation including:

 

·         Number 60 was purchased circa 2000 and was modernised including permission to build a double garage; in 2002 permission was given to turn it into a quadruple garage;

·         At the time of sale it was understood to the occupants of number 60 that the garage was to be used for the developers enjoyment of cars, this soon became clear that this was not going to be the case and was used as a builder’s yard;

·         No approach was made by the developer to the residents of Number 60, nor was a notification received from North Herts Council;

·         There are no other dwellings in Upper Bygrave that has no separate ownership dwelling at the rear of an existing property, and this should remain, to retain the existing character of the village;

·         The dwelling is only 22 metres to the backwall of the property at Number 60;

·         The existing electric, water and drainage come from the mains at Number 60;

·         Constant construction traffic from deliveries;

·         Need to be consideration of the high speed vehicles that travel along Ashwell Road;

·         There is no turning circle available for large construction vehicles;

·         The proposed property will look directly into two separate properties on Ashwell Road.

 

In response to a question of clarification from Councillor David Levett, Phillip Hills advised that the locked gate is the only access to both Number 60 and the proposed dwelling.

 

The Chair invited Councillor Steve Jarvis to address the Committee as a Member Advocate against the application.

 

Councillor Steve Jarvis thanked the Chair for the opportunity to speak and gave a verbal presentation including:

 

·         This application is to create a new dwelling from a domestic garage located in the greenbelt; if this is accepted that could result in a substantial number of dwellings in the greenbelt.

·         The photograph shown in the officer’s report illustrates how small the access gate is to Number 60 and the proposed dwelling;

·         The possible condition of resurfacing the drive would have improve any sound problems that may be caused but wouldn’t have an impact any other way;

·         Bygrave is a Category C village in the Emerging Local Plan, which sets out that the Council should only be allowing limited affordable housing or facilities for local community needs. An additional dwelling does not fit either of these categories;

·         The report states that there is a bus stop on the road but does not say that there is only one bus a day;

·         This proposed dwelling is located on a unlit country road with no footpath; the only way to get there would be in a car, which questions the applications sustainability.

 

The Chair invited Samantha Boyd, agent of the applicant, to speak in support of the application.

 

Samantha Boyd thanked the Chair for the opportunity to address the Committee and gave a verbal presentation including:

 

·           The proposal is compliant with the development plan and with adopted and emerging local policies;

·         Bygrave is a small village, but this Council has accepted Bygrave is suitable for new development when they recently granted permission for three new properties just 100 metres south of the application site;

·         They acknowledge the concerns raised by neighbours but highlight that officers of the Council have deemed this application acceptable;

·         The Highways Department have no objections over the use of access;

·         The whole of the access is in the ownership of the applicant, Number 60 has a legal right of way to access the front of their property.

 

In response to points raised by the registered speakers, the Development and Conservation Manager advised:

 

·         The Council is in a situation where they have to apply the presumption in favour of sustainable development and the Inspectorate are taking the view that the land supply is so poor that they are more likely to consider dwellings like this one as not causing significant of demonstrable harm that outweighs the benefits of delivering new homes.

 

The following Members took part in the debate:

 

·         Councillor David Levett

·         Councillor Ian Mantle

·         Councillor Simon Bloxham

·         Councillor Mike Hughson

 

Councillor Simon Bloxham proposed and Councillor Morgan Derbyshire seconded and, following a vote it was:

 

RESOLVED: That application 21/03527/FP be GRANTED planning permission subject to the reasons and conditions outlined in the report of the Development and Conservation Manager and the following additional condition:

 

·         Condition 6 as follows:

 

““Before the dwelling hereby permitted is first occupied, the existing vehicular access driveway shall be surfaced in a permeable but non loose material (such as black top, permeable resin surface or block paving) for the first 17.5 metres when measured from the point where the vehicular access road meets the public highway  and thereafter shall be retained in perpetuity – Reason: In the interest of protecting the residential amenity of the existing dwelling at 60 Ashwell Road”

 

Reason: In the interests of appropriate hard surface design and correct phasing of development.