Agenda item

We considered the report of the application and late correspondence which was recommended for approval subject to the conditions as outlined in the report and subject to a Section 106 Legal Agreement.

 

The application had been presented to Planning Committee at the meeting on 8^th January 2019 with a recommendation for approval. However, the Committee had deferred consideration of the application to a future meeting to allow officers to liaise with the applicant with a view to reducing the proposed dwelling’s scale and height and to address issues of the overlooking of Carreg Goch and dwellings at numbers 11 and 12 Elm Avenue, and any overbearing impact on those properties.

 

Following negotiations with officers, the applicant had submitted amended plans and all interested parties had been re-consulted. The application is now re-presented to Planning Committee with a recommendation for approval subject to conditions as outlined in the report and a Section 106 legal agreement for the provision of affordable housing in the local area.

 

Also, two additional conditions to be added, as follows:

 

·         The bedroom window on the front elevation as shown on plan 2273/3c dated 18/02/19 shall be obscure glazed to a level equivalent to Pilkington scale of obscurity level 3 and maintained thus thereafter in perpetuity.

 

·         The hedgerow to the side and rear elevation to be retained.

 

Mr. J. Nepean, objecting to the application, attended the meeting by invitation of the Chair and outlined the following points:

 

·         The objector lives in the property directly opposite the proposed development.

 

·         Objections to the initial proposal were submitted as the objector would be overlooked and would suffer a huge loss of privacy.

 

·         The revised plans have not addressed the objector’s initial concerns and objections.

 

·         Located at a noticeably elevated plot of land, the two upper floor bedroom windows of the development will look into the main living room area of the objector’s home through the double patio doors and will overlook the garden. All privacy within the main living room and garden will be lost.

 

·         To address the issue of privacy and overlooking, the application proposes that the bedroom window closest to the objector’s property is to be fitted with obscured glass.  This will look out of place and was considered to be a token gesture in an attempt to address the loss of privacy and overlooking. The obscured glass window is to be conditioned with a perpetuity clause. However, the residents of the new dwelling will still be able to open the window and look into the objector’s garden.

 

·         Installing obscured glass admits that there is a problem with privacy and overlooking but is an inappropriate way to address these issues.

 

·         The view from the objector’s main living room will be of a wide, tall and imposing structure with windows positioned close enough to see into the main living room.

 

·         It is not acceptable to have a two storey house 15 metres away from the objector’s property.

 

·         Tump Lane has a spacious, peaceful and private feel to it.  Approval of this application will remove these features.

 

·         The application has received objections from five neighbouring properties closest to the development.

 

·         Magor with Undy Community Council recommends that the application be refused.

 

·         It was considered that all objections have been ignored.

 

·         The revised plans offer very little in the way of alterations for the objector and his family to feel that the applicant has addressed the objections raised.

 

·         It was considered that the application did not comply with Planning Policy DES1.

 

·         There are many houses being built in the area and the need for more houses is not a legitimate reason for approving this back garden development.  A better solution would be to build a dormer bungalow with roof lights.

 

The applicant’s agent, Mr. R. Liddell, attended the meeting by invitation of the Chair and outlined the following points:

 

·         The size, scale and height of the dwelling has been reduced. It has been reduced from a four bedroomed house to a three bedroomed property. The garage has been removed.

 

·         The proposed dwelling has been moved further away from the objector’s property and reduced in height by 1.4m.

 

·         The proposed dwelling has the design appearance of a cottage including sloping ceilings to the first floor.

 

·         The proposed dwelling now occupies 16.3% of the site area.

 

·         The distance to the objector’s property has been increased from 13m to 15m to 17.9m.

 

·         The objector had expressed concern that the position of his property had not been shown accurately on the site plan.  A meeting had been requested on site with a Planning Officer and the applicant’s agent attended the meeting to discuss only the accuracy of the site plan.  On undertaking measurements, it had transpired that the site plan was accurate.  Further measures had been taken to check the accuracy of the site plan with a specialist professional topographical survey company returning to the site to re-measure the objector’s property and other nearby properties.  The measurements were superimposed on the survey plan and the plan was found to be accurate.

 

·         The original distance from the bedroom window to the objector’s lounge window has been increased from about 13m on the original application to 17.9m on the revised application.

 

·         The applicant has agreed to the provision of obscured glass.

 

·         The length of garden of the objector’s property varies from 7.5m to 9m, not 10m.  The distance now from the house window to the objector’s fence is 10.2m.

 

·         The distance to the hedge comprising the rear boundary of the proposed dwelling with Elm Avenue varies from 11m to 14m.

 

·         The distance of the proposed dwelling windows to the windows of the 11Elm Avenue is above 20m.

 

·         All distances comply with planning requirements.

 

Having considered the report of the application and the views expressed, the following points were noted:

 

·         In response to questions raised, it was noted that this site is slightly more elevated than Carreg Goch.  The site is being reduced in height by 200mm with the new property being set further back into the site.

 

·         In terms of overlooking and distances between windows, the standard distance between directly facing habitable room windows is 21m, or a distance of 10m between a window or a side elevation in a house and a garden’s boundary. At this site, the distance is in excess of 10m between the front elevation of the house and the garden of Carreg Goch and a distance of 17.9m between the main frontage of the house where there are habitable room windows and the side elevation of Carreg Goch where there is a large patio window.  Therefore, obscured glass had been suggested for one of the windows, as outlined in the report. This could be a fixed, non-opening window.

 

·         It was considered that the re-design was better than the original proposal.

 

·         In response to a question raised regarding whether there might be scope to reduce the height of the dwelling even further, the applicant’s agent informed the Committee that there was scope to reduce the height a little further.

 

It was proposed by County Councillor A. Davies and seconded by County Councillor P. Murphy that application DC/2018/01801 be approved subject to the conditions as outlined in the report and subject to a Section 106 Legal Agreement for the provision of affordable housing in the local area.

 

Also, that additional conditions to be added, as follows:

 

• The bedroom window on the front elevation as shown on plan 2273/3c dated 18/02/19 shall not be capable of being opened and shall be obscure glazed to a level equivalent to Pilkington scale of obscurity level 3 and maintained thus thereafter in perpetuity.

 

·         The hedgerow to the side and rear elevation to be retained and maintained to be at least 1.8m high.

 

·         Request plans from the applicant’s agent to reduce the floor slab slightly more before issuing the decision (the centre of the new dwelling to be level with the adjoining lane).

 

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

 

In favour of the proposal                -           12

Against the proposal                       -           0

Abstentions                                       -           1

 

The proposition was carried.

 

We resolved that application DC/2018/01801 be approved subject to the conditions as outlined in the report and subject to a Section 106 Legal Agreement for the provision of affordable housing in the local area.

 

Also, that additional conditions to be added, as follows:

 

• The bedroom window on the front elevation as shown on plan 2273/3c dated 18/02/19 shall not be capable of being opened and shall be obscure glazed to a level equivalent to Pilkington scale of obscurity level 3 and maintained thus thereafter in perpetuity.

 

• The hedgerow to the side and rear elevation to be retained and maintained to be at least 1.8m high.

 

·         Request plans from the applicant’s agent to reduce the floor slab slightly more before issuing the decision (the centre of the new dwelling to be level with the adjoining lane).