Agenda item

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

Following the Officers presentation, the Applicant J Jarvis and Parish Council representative, Councillor I Wardrop addressed the Committee. The Chairperson then opened the floor for debate.

Councillor S J N Morgan then proposed to refuse the application contrary to the Officer’s recommendation and the applicant be asked to submit a full planning application for the changes in this application, this was seconded by Councillor White.

Further debate ensued around the variations outlined in the report and in response to questions raised the Officers gave the following responses:

•           Recent case law this year that states that Section 73 doesn’t only have to be used for minor material amendments it can be for material amendments, however, it must ensure that the development doesn’t conflict with the operative part of the permission granted. In the case of this application, it can be covered by Section 73 as the amendments don’t conflict with the operative part of the permission.

•           From the report, the increase in ridge height was 20cm.

•           The applicant could use the additional space in the roof area for storage purposes, however, condition 8 of the report would restrict the applicant from creating any openings in the roof, such as windows.

Councillor Morgan raised a concern with Officers’ that he had information that Velux windows were being installed in the property. Officers confirmed that there was no evidence or provision in the previous and amended applications for there to be Velux windows as this would be contrary to condition 8 or the report.

There being no further debate the Chairperson put the proposal to the Committee and upon a vote being taken, this was not agreed. In light of this the Chairperson then sought an alternative proposal from the Committee. Councillor M F L Durham then moved the Officers’ recommendation of approval as set out in the report which was duly seconded and upon a vote being taken, this was agreed.

RESOLVED that the application be APPROVED subject to the following conditions:

1.         The development hereby permitted shall be carried out in accordance with the following approved plans submitted with 23/00592/VAR:

•           S01, 20.02.03

•           11197-P201

•           11197-P200

•           11197-P210 Rev A

•           11197-P211 Rev B

and the approved plans submitted with 20/00490/FUL:

•           DB/SUM/01 Rev A

•           DB/SUM/02

•           DS1190P

•           20.02.04

•           MFA/SH01

2.         The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed in drawing number 11197-P211 Rev B.

3.         The soft landscape works shall be carried out in complete accordance with the Soft landscaping & Planting Specification and Landscape plan reference DB/SUM/02 in approved application 20/00490/FUL, within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place.

4.         The Surface and Foul Water Drainage schemes shall be carried out in accordance with submitted details in approved application 20/00490/FUL and completed before the building is occupied.

5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no garages, extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site.

6.         The development hereby approved shall be carried out in complete accordance with the Arboricultural Report and Arboricultural Implications Assessment and Tree protection plan reference DB/SUM/01 Rev A in approved application 20/00490/FUL. 

7.         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no first floor windows or other form of opening shall be constructed on the northern flank wall of the dwellinghouse hereby permitted without planning permission having been obtained from the Local Planning Authority.

8.         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no second floor windows or other form of opening shall be constructed on the roof slope of the dwellinghouse or garage hereby permitted without planning permission having been obtained from the Local Planning Authority.