Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Retention of anthracite grey windows.

RESOLVED: That application 24/00952/FPH be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.

 

Audio recording – 6 minutes 40 seconds

 

The Planning Officer advised that:

 

·       There had been 5 objections received rather than 2 as stated, but all the contents raised were all covered in the report.

·       There was a slight amendment to the description of development to include the  retention to the side door and rear bi-fold doors.

·       This application had been called in by Councillor Paul Ward following an objection from Knebworth Parish Council.

·       The material consideration related to the impact of the windows and doors and not to the matter of the copper beech tree previously felled on site.

·       The ridge line of the property was currently incomplete, but this would be completed.

·       As an update to Members, recent correspondences between the Planning Officer and Councillor Ward and the applicant were read out.

 

The Planning Officer presented the report in respect of Application 24/00952/FPH supported by a visual presentation consisting of photographs and plans.

 

The following Members asked questions:

 

·       Councillor Tom Tyson

·       Councillor Louise Peace

·       Councillor Ian Mantle

 

In response to questions, the Planning Officer advised that this application was to retain the change to the colour of the existing windows from white to anthracite grey frames. 

 

The Chair invited Mr Peter Calver, to speak against the application. Mr Calver thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       He was a neighbour and lived at number 12 Oakfields Avenue.

·       If this application was approved, it would mean planning conditions had been overruled.

·       The submitted drawings detailed Georgian style windows for the property and the conditions were to match the style of the existing surrounding properties.

·       There had been in fact 6 objections to this application and they should all be taken into account.

·       The anthracite grey windows should be replaced with white Georgian style windows to the approved specification.

 

There were no points of clarification from Members.

 

The Chair thanked Mr Calver for his presentation and invited Ms Vivien Philps-Tate to speak against the application. Ms Philps-Tate thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       She lived opposite the property at number 9 Oakfields Avenue.

·       There had previously been a significant number of objections from residents, but this had reduced as residents had become worn down over time.

·       The previously granted planning conditions were not being enforced as they stipulated white windows.

·       The applicant had previously applied for changes to plans before completing previous approved changes.

·       The objections of the Parish Council had been discounted.

·       If this application was approved, it would be setting a precedent for future applicants to ignore planning conditions.

 

In response to a point of clarification from Councillor Nigel Mason, Ms Philps Tate advised that no other front facing windows in the road were not white and people should comply with the planning laws.

 

The Chair thanked Ms Philps-Tate for her presentation and invited Councillor Paul Ward, as Ward Member, to speak against the application. Cllr Ward thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

 

·       He had been approached by neighbours and the Parish Council with matters relating to this site.

·       There were 3 material grounds for objecting this application, which were firstly, that it was against policy KBBE4 of the Knebworth Neighbourhood Plan, as the windows were a different style to the majority in the vicinity and policy D1 of the Local Plan, as they did not enhance the special character of Knebworth village.

·       Secondly, that the design and material were out of character of the rest of the street scene.

·       Thirdly, that the previous decisions made by the Planning Control Committee were being ignored.

 

There were no points of clarification from Members.

 

The Development and Conservation Manager advised that to retain planning control it was common to seek the submission of a retrospective application when developers had failed to comply with planning conditions. The planning enforcement process should not be punitive. Seeking a retrospective application allowed the merits to be fully considered.

 

Councillor Ian Mantle proposed to grant planning permission and this was seconded by Councillor Emma Fernandes.

 

The following Members took part in a debate:

 

·       Councillor Ian Mantle

·       Councillor Nigel Mason

·       Councillor Elizabeth Dennis

·       Councillor Mick Debenham

·       Councillor Caroline McDonnell

·       Councillor Louise Peace

·       Councillor Tom Tyson

·       Councillor Steve Jarvis

 

Points raised in the debate included:

 

·       There were no real grounds to refuse this application solely on the colour of the windows.

·       If this was the first time this application was brought to the planning committee it would have been granted with anthracite grey windows.

·       The windows of the house were white before the extension was built.

·       All the windows of the extension and house now had anthracite grey windows.

·       It was not the role of the planning committee to be punitive.

·       The previous application had a condition imposed that the original windows should be retained, but this had now changed.

 

In response to the points raised, the Development Management Team Leader advised that:

 

·       This dwelling was set back from the road with trees on either side of the property, which provided a good screening.

·       There were properties with other colours of windows and doors in Oakfields Avenue.

·       During building works, bottle green window frames had been discovered which showed that at some point the windows had not been all white.

·       Under section 55 of the Planning Act, as a change of windows to anthracite grey was not a huge difference to the original application, it would be deemed as acceptable.

 

In response to the points raised, the Development and Conservation Manager advised that it was a standard approach to impose a condition that all materials should match the existing materials. However, the aim here was to achieve consistency of the extension with the rest of the property and not necessarily with the other dwellings in the area.

 

Having been proposed and seconded and, following at vote, it was:

 

RESOLVED: That application 24/00952/FPH be GRANTED planning permission subject to the reasons and conditions set out in the report of the Development and Conservation Manager.