Agenda item

Proposal:	Erection of a detached house on plot 1.
Location:	Former Applecroft, Bethesda Street, Upper Basildon, Reading
Applicant:	Mr and Mrs S Munson
Recommendation:	To delegate to the Head of Planning and Countryside to grant Planning Permission subject to conditions and completion of a Legal Agreement no later than the 30th March 2012.   OR in the absence of a completed Legal Agreement by the 30th March 2012 to delegate to the Head of Planning and Countryside to refuse Planning Permission for the failure of the applicant to mitigate the impact of the development.

 

(Councillor Pamela Bale returned to the meeting at 7.50pm).

The Committee considered a report (Agenda Item 4(4)) concerning Planning Application 11/02602/FULD in respect of the erection of a detached house on plot 1.

In accordance with the Council’s Constitution, Ms Nicola Taplin, applicant/agent, addressed the Committee on this application.

Ms Taplin in addressing the Committee raised the following points:

·                    She was the applicant’s planning consultant.

·                    The applicant had recently purchased the property and had identified modifications they wished to make to the approved planning permission for the erection of three detached houses. Two of these had been built and the modifications therefore related to the one house that remained to be built (plot 1). Prior to the applicant purchasing the property, an application had been dismissed for a larger house on this plot.

·                    The applicant had taken on board the comments of the Planning Inspector in formulating this planning application, in particular its design.

·                    A table of dimensions had been provided within the report to help Members assess the differences between the extant planning permission, the refused application and the one being proposed.

·                    Ms Taplin then sought to address some of the concerns that had been raised with the application:

·                    The closer distance between the proposed dwelling and the neighbouring property (Willowdene) - the proposed property would be 1.8m from the boundary of Willowdene.

·                    Possible overlooking from a balcony on the rear elevation – the way that this balcony would be used would mean that any overlooking would be similar to that from a window. In addition, some screening would be provided by a wall. Officers were supportive of what was being proposed in this regard.

·                    A modest increase in height of the proposed property – it was felt that the design would achieve the transitional effect required by the Planning Inspector. Again, Officers were supportive of what was being proposed in this regard.

·                    Lack of garage – there would be provision for necessary car parking which was in line with Council guidelines.

·                    The applicant had accepted the removal of permitted development rights.

·                    The development would not have a negative impact on the character of the area, which was in an Area of Outstanding Natural Beauty (AONB).

·                    The Officer’s report had concluded that the proposal would be sympathetic, in keeping with the character of the area and an improvement on the extant consent.

Councillor Richard Crumly questioned the absence of a garage from the application and asked whether other homes in Bethesda Street had a garage. Ms Taplin confirmed that other properties did have a garage, but following consideration by the applicant of the balance between having a garage or increased living space, they opted for additional living space. She added that there were no plans for a garage and it was the intention to park at the front of the house.

Councillor Alan Law, speaking as Ward Member, made the following points:

·                    He firstly advised that the Parish Council had not addressed the Committee as they missed the deadline to register to speak by five minutes. Their objections were however made clear in the report.

·                    The site had a long and chequered history. After many attempts, the Planning Inspector had given approval to the erection of three houses on the site. However, this permission was very precise and was based on some strict conditions. These included the need for the houses to be sympathetic to each other, to neighbouring properties and to the street scene (this included their size and placement). This had been a key consideration of the Planning Inspector when the application for a slightly larger house had been refused as it was viewed that the property would be larger overall and set further forward in its plot. This was in fact one of the main reasons for refusal.

·                    The table of dimensions referred to showed that overall the size of the proposed property when compared to the extant permission was slightly bigger and set further forward. For this reason, Councillor Law felt that the application should be refused as well as the fact that the house would only be 1.8 metres from the neighbouring property (Willowdene) and there would be no garage. This would be a very urban type of house which would be out of keeping and not appropriate for Bethesda Street. The proposal did not align with the precise approval given by the Planning Inspector.

Councillor Royce Longton commented that there was a need for a house on the site. He felt the proposal would fit in well and the lack of a garage was not a sufficient reason for refusal. Councillor Tim Metcalfe added his view that this was an improvement to the extant permission and would be an appealing addition, particularly when the property was viewed from the rear. Although the house would be slightly higher, it was narrower and there was little difference in terms of depth in comparison to the extant permission. He had no objections to the proposal.

Councillor Pamela Bale noted removal of permitted development rights, but this would not remove the potential for a garage to be built in future. David Pearson agreed that an application for a garage could be submitted and a decision would need to be made based on the merits of that application. There were examples of garages on narrow plots in Basildon so there was some precedent for this, although there was a mixed appeals record for such applications. While a garage was not proposed, there was adequate parking provision.

Councillor Law pointed out that the extant permission included the erection of a garage.

Councillor Crumly noted there was a considerable history for this site, but a decision needed to be made based on the merits of the application. The lack of garage was a concern, but was not a reason for refusal. He also felt that the footprint of the proposed dwelling would sit comfortably with neighbouring properties. Officers had given a strong recommendation for approval of the application and the risk of incurring costs from a potential appeal should be avoided. He was therefore supportive of Officer’s recommendation.

Councillor Longton proposed to accept Officer’s recommendation to grant planning permission. This was seconded by Councillor Brian Bedwell.

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission subject to the following conditions and completion of a legal agreement no later than the 30 March 2012.

OR in the absence of a completed legal agreement by the 30 March 2012 to delegate to the Head of Planning and Countryside to refuse planning permission for the failure of the applicant to mitigate the impact of the development.

Conditions

1.         The development hereby permitted shall be started within three years from the date of this permission and implemented strictly in accordance with the approved plans.

 

Reason: To enable the Local Planning Authority to review the desirability of the development to comply with Section 91 of the Town and Country Planning Act (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004) should it not be started within a reasonable time.

 

2.         The development hereby approved shall be carried out in accordance with the approved plans:

            Location Plan drawing number PL01 received 7^th December 2011

Site Plan as proposed drawing number PL02 received 7^th December 2011

            Floor Plans as proposed drawing number PL03 received 7^th December 2011

            North West & North East Elevations as Proposed drawing number PL04 received 7^th December 2011

                        South East & South East Elevations as Proposed drawing number PL05 received 7^th December 2011

 

Reason: To ensure the development is carried out in accordance with national planning guidance and the relevant policies within the South East Plan Regional Spatial Strategy, May 2009 and the relevant Policies within the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

                                                                     .

3.         No development shall commence on site until samples of the external materials to be used in the development have been submitted to or left on site to be checked and approved in writing by the Local Planning Authority. This condition shall apply irrespective of any indications as to the details that may have been submitted with the application. Thereafter the materials used in the development shall be in accordance with the approved samples.

 

Reason: In the interests of visual amenity in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, Amy 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

4.         No development shall commence on site until details of the external hard surfaced areas of the development have been submitted to and approved in writing by the Local Planning Authority. This condition shall apply irrespective of any indications as to the details that may have been submitted with the application, and shall where necessary include a schedule of materials, means of treatment, and drawings demonstrating the layout of these areas. The dwelling hereby approved shall not be first occupied until the hard surfaced areas have been constructed in accordance with the approved details.

 

Reason: In the interests of visual amenity in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

5.         No development shall commence on site until details of the floor levels in relation to existing and proposed ground levels have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with these approved details.

 

Reason: To ensure a satisfactory relationship between the proposed building and the adjacent land in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

6.         No development shall commence on site (including site clearance and any other preparatory works) until a detailed scheme of landscaping for the site has been submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of plants, noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure:

a)     completion of the approved landscaping within the first planting season following the completion of the development, and

b)     any trees, shrubs or plants that die or become seriously damaged within five years of the completion of the development shall be replaced in the following year by plants of the same size and species.

Thereafter the approved scheme shall be implemented in full.

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of Policies CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policies OVS2 (a, b) and OVS3 (b) of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

7.         No development shall commence until details of the design of the cycle storage has been submitted to and approved in writing by the Local Planning Authority. The dwelling hereby approved shall not be bought into use until the cycle storage is provided in accordance with the approved plans and shall thereafter be retained.         

 

Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles in accordance with Policy OVS3 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

8.         The dwelling hereby approved shall not be brought into use until visibility splays of 2.0 metres by 45 metres south-westerly and 2.4m x 43m north-easterly have been provided at the access. The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level.

 

Reason: In the interest of road safety in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

9.         No works shall take place with the construction of the building until the vehicular access and associated engineering operations have been constructed in full in accordance with the approved drawings.

 

Reason: In the interest of highway safety and to accord with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

10.      Any gates to be provided at the accesses shall be set back a distance of at least 5.5 metres from the edge of the highway.

 

Reason: To ensure that vehicles can be driven off the highway before the gates are opened, in the interest of road safety in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

11.             No development shall commence until details of the surfacing arrangements for the vehicular access to the highway have been submitted to and approved in writing by the Local Planning Authority. Such details shall ensure that bonded material is used across the entire width of the access for a distance of 5 metres measured back from the carriageway edge. The dwelling hereby approved shall not be bought into use until the access has been surfaced in accordance with the approved details.

 

Reason: To avoid migration of loose material onto the highway in the interest of road safety in accordance with Policy OVS.2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

12.      The dwelling hereby approved shall not be brought into use until the vehicle parking and turning space has been provided in accordance with the approved plans. The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

 

Reason: To ensure the development is provided for adequate parking facilities in order to reduce the likelihood of roadside parking which would be a danger to other road users in accordance with Policies OVS.2 and TRANS.1 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

           

13.      Irrespective of the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent revision), no additions or extensions to the dwelling shall be built or ancillary buildings or structures erected within the curtilage, unless permission in writing has been granted by the Local Planning Authority in respect of a planning application made for the purpose.

 

Reason: To prevent the overdevelopment of the site which adjoins the countryside and is within an Area of Outstanding Natural Beauty in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policy OVS2 and ENV1 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

14.      The dwelling hereby approved shall not be occupied until the en-suite window at first floor level in the side elevation of the dwelling has been fitted with obscure glass and a top hung opening fan light which shall thereafter be retained in position to the satisfaction of the Local Planning Authority. Irrespective of the provisions of the Town and Planning (General Permitted Development) Order 1995 (or any subsequent revision) no additional openings shall be inserted at a first floor level or above in the side elevations of the property without a formal planning application made to the Local Planning Authority for that purpose.

 

Reason: In the interests of the amenity of neighbouring properties in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006 Saved Policies 2007.

 

15.             The dwelling hereby approved shall not be occupied until the sky lights in the side elevation have a sill height of 1.8m above internal floor which shall thereafter be retained in position to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of the amenity of neighbouring properties in accordance with Policy CC6 of the South East Plan Regional Spatial Strategy, May 2009 and Policy OVS2 of the West Berkshire District Local Plan 1991-2006, Saved Policies 2007.

 

Informatives

 

1.         The Highways (Planning) Manager, West Berkshire District Council, Highways and Engineering, Council Offices, Faraday Road, Newbury RG14 2AF, telephone 01635 519169, should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway.  A formal application should be made, allowing at least four (4) weeks notice, to obtain details of underground services on the applicants behalf.

 

2.         The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

 

3.         The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

 

4.         In order to protect the stability of the highway it is advised that no excavation is carried out within 15 metres of a public highway without the written approval of the Highway Authority.

 

5.         Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Highways (Planning) Manager, West Berkshire Council, Highways and Engineering, Council Offices, Market Street, Newbury, RG14 2AF, before any development is commenced

 

6.         Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

7.         Legal agreement informative.