South Bucks District Council Planning Committee Date of Meeting: Town Council: Beaconsfield 12 March 2014 Reference No: 14/00140/VC Proposal: Variation of Condition 2 of Planning Permission 13/01888/FUL to: omit chimney and rooflights and lengthen garden room. Location: 71 Gregories Road, Beaconsfield, Buckinghamshire, HP9 1HL Applicant: Zafiro Homes Agent: David Parker Architects Variation of Condition Date Valid Appl Recd: 23rd January 2014 Recommendation: PER LOCATION PLAN – This plan is supplied only to identify the location of the site and for no other purpose whatsoever. Reproduced from the Ordnance Survey Mapping with the permission of the Controller of Her Majesty’s Stationery Office Crown Copying. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil proceedings. 10 South Bucks District Council Licence Number LA 100025874 SCALE : NOT TO SCALE THE PROPOSAL: Planning permission 13/01888/FUL, allowed for a replacement dwelling, subject to a number of conditions. Condition No.2 requires the development to be carried out in accordance with the approved plans and details. This application has been submitted as the applicant wishes to make some amendments to the approved development. These amendments have been submitted as a variation of condition application due to the fact that they are of a scale that would not constitute a non-material amendment. The revisions consist of the following: 1. Omission of chimney; 2. Omission of roof lights to kitchen area at rear of dwelling; 3. Increase depth of rear garden room by 2.6m. All other aspects of the scheme are identical, to that already approved and therefore it is considered appropriate that only the above revisions require assessment. It should be noted that an amended elevation plan has been received. This was due to the original plan incorrectly showing an increase in the height of the proposed dwelling. The height of the dwelling is not being increased over that which has been approved, and the amended plan shows the proposed dwelling with the same ridge height as the approved dwelling. On this basis, it was considered that neighbouring properties and the relevant consultees did not need to be re-consulted. LOCATION & DESCRIPTION OF SITE: The application site originally consisted of a low level detached dwelling of modest size set within a substantial plot. This bungalow has now been demolished. The site is situated on the south side of Gregories Road, located within the developed area of Beaconsfield, and within a Residential Area of Exceptional Character. RELEVANT PLANNING HISTORY: 13/01888/FUL: Replacement detached dwelling. access. Conditional Permission. Construction of new vehicular 13/01308/FUL: Replacement detached dwelling. Refused. 12/01772/FUL: Redevelopment of site to create two detached dwellings incorporating attached garages. Refused. Appeal dismissed. Adjacent property No.69 Gregories Road: 12/01837/FUL: Two storey side and single storey rear extensions. Permission. Conditional REPRESENTATIONS AND CONSULTATIONS: TOWN COUNCIL COMMENTS: The Committee objected to the application for the variation of condition 2 and considered that the condition was imposed for a good reason and those reasons should continue to be upheld. 11 CORRESPONDENCE: Letters of objection have been received from 18 separate sources. Concerns include: - Proposals increase size of dwelling back to what was previously proposed and refused; Overdevelopment; Dwelling excessive in size and out of character; Process should not allow piecemeal enlargement of an approved dwelling - these are not minor amendments; Impact on sewerage system. SPECIALIST ADVICE: Arboriculturalist: No objections. ISSUES & POLICY CONSIDERATIONS: RELEVANT POLICIES: National Policy National Planning Policy Framework (NPPF)(published March 2012) Development Plan South Bucks District Local Plan (adopted March 1999) (Saved policies):Local Plan Policies: EP3, EP4, EP5, H9, H10, L10, TR5, and TR7 South Bucks Local Development Framework Core Strategy (adopted February 2011):Core Policies: CP8, CP9, CP12, and CP13 Other material considerations Residential Design Guide SPD Interim Guidance on Residential Parking Standards 1.0 KEY POLICY ASSESSMENT: 1.1 With regard to planning policy, whilst the recently published NPPF (National Planning Policy Framework) replaced the previous Planning Policy Statements and Guidance Notes, it does not replace existing local policies that form part of the development plan. Provided the local policies are in line with the guidance set out within the NPPF, they can still be afforded maximum weight in terms of assessing the acceptability of a proposal. With regard to this specific application, it is considered that all of the relevant local policies, as highlighted above, are in accordance with the NPPF, and as such, it is appropriate to assess this current application against relevant local policies. 12 2.0 VISUAL IMPACT/IMPACT ON LOCALITY: 2.1 The Committee will recall approving the dwelling for this site at the meeting on 11.12.2014. The proposed amendments to that approved scheme are considered below. 2.2 The proposed omission of the roof lights would have no adverse visual impacts on the development, especially as they were located at the rear of the dwelling. 2.3 The proposed omission of the chimney would reduce the bulk and physical presence of the dwelling within the street scene, albeit only marginally and therefore it is considered that this would not adversely impact upon the visual amenities of the site or the character of the area including the RAEC. 2.4 In terms of the proposed enlargement of the garden room, whilst it is acknowledged that this would increase the overall amount of built form on the site, the increase is small scale in relation to the size of the development, only adding an extra 2.6m to this element of the dwelling. As such, it is considered that it would not significantly alter the appearance of the development, and it would have limited impact, if any, on the street scene and character of the area by virtue of the fact that it would be located at the rear of the dwelling, and therefore would not be visible from the front of the site or within the street scene. 2.5 Concern has been raised by residents that this enlargement reverts the dwelling back to that originally refused under planning application 13/01308/FUL. This is not the case as the dwelling proposed in this current application is identical to that which was approved under application 13/01888/FUL, save for the small revisions now being proposed. The garden room, whilst 2.6m deeper than that approved scheme, still projects 0.65m less than the refused scheme 13/01308/FUL, which was also larger in terms of its overall width, bulk and massing. 2.6 This current application retains the same level of spaciousness and gaps to the boundaries as the approved scheme, and overall, save for the small increase to the single storey garden room, the dwelling would display the same level of bulk and massing and physical presence within the street scene as that which has been approved. Therefore, it is considered that the resultant level of built form is still appropriate and acceptable for the site, and it does not result in the scheme becoming a cramped overdevelopment of the site, as the plot is substantial in size and an appropriate level of spaciousness is retained. 3.0 NEIGHBOUR IMPACT: 3.1 Due to the distances retained to the nearest neighbouring properties, combined with the scale and nature of the proposed amendments, it is considered that there would be no adverse impacts on their amenities in terms of loss of light, loss of privacy or overdominance. 4.0 PARKING/ACCESS/HIGHWAY IMPLICATIONS: The proposed amendments would not have any impacts on these aspects of the scheme. 5.0 TREES/LANDSCAPING: 5.1 The Council’s Arboriculturalist advises that the proposed amendments would not result in any adverse impacts on the existing trees on site. 13 6.0 OTHER ISSUES: 6.1 Concerns have been raised by local residents that the existing sewerage system is not adequate enough to cater for new development. The replacement of the dwelling on this site has already been approved, at which time there were no concerns relating to this matter. The revisions subject of this current application would not result in any greater impact on the sewerage system than the already approved scheme. In any case, if it was an issue it would be a matter between the developer and the sewerage provider, not an issue that could be used to object to the current application on planning grounds. CONCLUSION: It is considered that a fair balance would be struck between the interests of the community and the human rights of the individuals in the event of planning permission being granted in this instance. The Committee visited the site on 13.11.2014 before approving the dwelling. The changes to that dwelling are relatively minor. Therefore, despite the concerns expressed by the Town Council and residents, it is not considered that value would be added to the decision making process by conducting a further committee site visit. RECOMMENDATION: Full Planning Permission Conditions & Reasons: 1. The development to which this permission relates must be begun not later than the 12th day of December 2016. (NS01) Reason: To comply with the provisions of Section 91(1) (a) of the Town and Country Planning Act 1990 (or any statutory amendment or re-enactment thereof). 2. NMS09A Development To Accord With Application Drawings 3. The construction of the dwellinghouse hereby permitted, as well as the hardsurfacing of the site, shall be constructed in accordance with the schedule of materials submitted and approved as part of application 13/01888/FUL, unless alternative materials have been approved in writing by the District Planning Authority. Reason: To safeguard and enhance the visual amenities of the locality. (Policy EP3 of the South Bucks District Local Plan (adopted March 1999) refers.) 4. 5. 6. 7. NT01 NT02 NH46 NH33 Landscaping Scheme to be Submitted First Planting Season Parking Full Closure of Existing Access (Full) –1 month -13-GRB-SP02 Rev D 8. 9. NH34 NH19 Entrance Gates –13-GRB-SP02 Rev D - 5 Private Access Constructed Prior to Occupation Full –13-GRB-SP02 Rev D 14 10. The roof lights in the east and west elevations of the dwelling hereby permitted shall be of a high level type with the cill heights a minimum of 1.7m above floor level. Reason: To prevent overlooking and loss of privacy in the interests of the amenities of the adjoining properties. (Policy EP3 of the South Bucks District Local Plan (adopted March 1999) refers.) 11. ND17 No Further First Floor Windows -east or west – dwellinghouse – Properties 12. The first floor window in the east flank elevation, serving ensuite 3, as shown on drawing no. 13-GRB-P1 rev G shall be of a permanently fixed, non-opening design below a high level opener with a minimum cill height of 1.7m above the floor level of the room it serves and shall be fitted and permanently maintained with obscure glass. Reason: To prevent overlooking and loss of privacy in the interests of the amenities of the adjoining property. (Policy EP3 of the South Bucks District Local Plan (adopted March 1999) refers.) 13. The living accommodation above the garage shall be used solely in connection with the dwelling hereby approved, as a single family dwelling unit and not as a separate unit of accommodation. Reason: To ensure that the premises are not sub-divided and a separate dwelling created without the permission of the District Planning Authority, in the interests of safeguarding the amenities of the locality. (Policy EP3 of the South Bucks District Local Plan (adopted March 1999) refers.) 14. No work shall take place, including demolition, until a full survey of the site has been carried out by or on behalf of the applicant, and approved in writing by the District Planning Authority, to ascertain the presence of any contaminants on or under the surface of the site and to determine the potential for the pollution of the water environment. The details shall include appropriate measures to prevent pollution of ground water and surface water, including provisions for monitoring together with any necessary remedial works to render the site fit for occupation. Such agreed remedial works shall be fully implemented before the development commences, and such measures shall thereafter be retained as required by the written approval. (NMS02) Reason: To protect workers during development, the amenities of the area and future occupiers and prevent the pollution of the water environment. (Policy EP3 of the South Bucks District Local Plan (adopted March 1999) refers). 15. 16. NT04 NT06 Soil Levels Maintained Retention of Existing Landscaping Features – GHA/DS/2020:13 17. The development shall be implemented in accordance with the arboricultural method statement submitted and approved as part of planning application 13/01888/FUL and under the supervision of a retained arboricultural specialist in order to ensure that the phasing of the development accords with the stages detailed in the method statement and that the correct materials and techniques are employed. Reason: To maintain the visual amenity of the area. (Policies EP4 and L10 of the South Bucks District Local Plan (adopted March 1999) refers.) 15 Informatives:1. 2. 3. 4. 5. IN02 IH11 IH23 IH24 IN39 Details Required Pursuant to Conditions - 4 and 14 Surface Water Drainage Mud on the Highway Obstruction of the Highway Permeable Hard-Surfacing 6. The applicant is advised that a licence must be obtained from the Highway Authority before any works are carried out on any footway, carriageway, verge or other land forming part of the highway. A period of 28 days must be allowed for the issuing of the licence, please contact the Area Manager at the following address for information. Transport for Buckinghamshire Handy Cross Depot Marlow Hill High Wycombe Bucks HP11 1TJ Tel: 0845 230 2882 (IH17) LIST OF APPROVED PLANS Plan number/name Date received by District Planning Authority 13-GRB-SP02 Rev D 13-GRB-P1 Rev G 23.01.2014 13-GRB-E1 Rev F 18.02.2014 13-GRB-SL01 07.11.2013 13-GRB-SP01 07.11.2013 GHA/DS/2020:13 07.11.2013 23.01.2014 ………………………………………………………………………………………………………………………………………………… 16