Agenda item

We considered the report of the application and late correspondence which was

recommended for approval subject to the 10 conditions outlined in the report and subject to a Section 106 Agreement.

The application was originally reported to the Council's Delegation Panel on the 22nd July 2020. Following consideration of the report the Panel resolved to approve the application subject to the applicant entering into a Section 106 Agreement to secure a commuted sum to be used for affordable housing.

During the processing of the legal agreement, a public objection had been received. This related to construction works which had already commenced and raised concerns that the development was not being built in accordance with the proposed plans and was closer than that specified as part of the original report. The objector stated that this resulted in an increased level of overshadowing and overlooking to the detriment of amenity.

During discussions the objector had specified that they had not been made aware of the application. Based on the records kept it was noted that a direct neighbour notification was sent to the objector’s property and a site notice was erected on the lamppost closest to their dwelling on the 7th January 2020. The objector has maintained that the letter had not been received. 

As a result of the objection, site visits were conducted on 11th and 22nd December 2020 where measurements were taken between the property under construction and the objector’s dwelling. During these inspections it was noted that the dwelling under construction maintains a distance in excess of 21m between habitable room windows and that a close boarded, timber fence 1.8m in height has been erected between the objector’s property and the dwellings under construction. However, it was also noted that vegetation within the development site, adjacent to the boundary with the objector, had been removed.

In light of the new objection being received prior to the Section 106 Agreement being completed, the application was returned to the Council’s Delegation Panel on 13th January 2021 for consideration. At that meeting Members resolved that the application should be presented to the Planning Committee for ultimate determination.

In noting the detail of the application the following points were identified:

·         Concern was expressed that the building was close to completion before consideration by Planning Committee. 

·         Initially, it had been agreed to put one property on the site.

·         The site has a mixture of properties crammed onto a site that is not amenable to local residents.

·         There is a distance of 21 metres between two of the properties.  However, at another location within the site one of the properties is too close to another property being eight metres away.

·         The frontage, where the car parking provision is located, does not provide space for a footpath, with a 13 metre gap between a property and another property opposite.

·         Concern was expressed that the application did not fit within the street scene and there were overlooking issues within the site. It was also considered that the site was being overdeveloped.

·         In response to the comments raised, the Development Management Area Team Manager informed the Committee that the previous application for the residential scheme had been approved. This application was to consider the three properties.  The application for three dwellings in this location had been considered by the Delegation Panel and had agreed the proposal could be approved subject to the Section 106 Agreement.

·         It was considered that the site was subject to overdevelopment under Planning Policy DES1 and was out of line with the street scene.

·         The application has plenty of amenity space and the plots are large enough.

·         The Development Management Area Team Manager informed the Committee that the intervening distance is 21 metres and complies with the infill guidance 2019 Supplementary Planning Guidance. The application also complies with the Planning Parking Standards Guidance.  The application fully complies with the Authority’s Supplementary Planning Guidance.

·         The Head of Planning stated that the impact on the street scene is very limited.

·         There are no reasons to refuse the application.

·         In response to a question raised regarding Supplementary Planning Guidance rules in respect of the front elevations of the property in relation to the ones that have already been constructed, the Development Management Area Team Manager informed the Committee that these properties have been built and a scheme for three dwellings had been considered to be acceptable by the Delegation Panel subject to a Section 106 agreement.  The rules have been complied with and applied consistently in this instance. There are no overbearing or overlooking issues arising from the development. Supplementary Planning Guidance measures have been adhered to.

It was proposed by County Councillor P. Murphy and seconded by County Councillor A. Webb that application DM/2019/02079 be approved subject to the 10 conditions outlined in the report and subject to a Section 106 Agreement.

 Upon being put to the vote the following votes were recorded:

For approval             -           10

Against approval      -           2

Abstentions               -           0

The proposition was carried.

We resolved that application DM/2019/02079 be approved subject to the 10 conditions outlined in the report and subject to a Section 106 Agreement.