Date of Meeting: 3rd October 2007
Parish/Ward: Sunningdale
Parish
Relaxation
Agenda No. 10
Reference No:
07/02222/RLAX
Proposal:
Location:
Pair of detached dwellings with detached double garages
following demolition of existing dwelling with relaxation of
condition 11 (Permitted Development Rights) of Planning
Permission 07/00833
The Loaning Station Road Sunningdale Ascot SL5 0QR
Applicant:
Mr P Seaton
Agent:
DGG Planning (Wokingham) Limited
Date Received:
15th August 2007
Case Officer:
Sarah Ellison
Member Call-in: Not applicable
Recommendation:
PERM
Date of Expiry: 10 October 2007
Planning Context:
Excluded settlement
Tree Preservation Order
SPA Buffer Zone
Sustainable Development Implications:
More intensive use of previously developed
land
LIST OF BACKGROUND PAPERS:
1.
Main Relevant Policies
Local Plan – DG1, H10, H11, T5, P4, P5, N5, N6
Structure Plan – H2, DP5
2.
4.
Previous Relevant Decisions
03/83516 Erection of two 2 storey dwellings with Refused
accommodation in roof space following
demolition of existing
02.07.04
04/01033 Construction of two 4 bedroom detached Permitted
houses and garaged following demolition of
existing development
03.03.06
06/00910 Pair of detached 5 bedroom dwellings with Permitted
detached double garage (plot 2 with
additional
basement
accommodation)
following demolition of existing
01.06.06
07/00833 Construction of one detached five bedroom Permitted
house and one detached six bedroom house
with detached double garages (plot 2 with
basement accommodation) amendments to
permission 06/00910
01.06.07
Neighbour Notification Responses
Three letters received, summarised as follows:
PVWRCM
1
5.
Would allow extra windows without the need for planning permission and resultant loss
of privacy
Makes a mockery of the planning process
This application should not be considered and should be declined under the powers in
the 2004 Act.
Conditions were imposed by Councillors after a site visit had been made
A decision should be made on its merit
The Panel should have a site visit to assess this matter
Panel should stand up for itself and local residents and resist this attempt to remove the
conditions
Parish Council
Comments awaited
REMARKS
The Site and Surroundings
1.
The application site is a plot of land which formally comprised a large single detached house,
known as The Loaning. The site is around 0.25 hectares in size and is accessed from a
private drive serving a number of properties off Station Road. The development in the vicinity
of the site is characterised by large detached houses, of varying designs, set in a variety of
plot sizes and shapes.
2.
The site is subject to a fairly lengthy planning history and planning permission has been
granted to erect two detached houses on the site. The most recent permission was in June
2007, and granted permission for a pair of detached five bedroom houses. The houses
granted under this permission are currently under construction.
The Proposal
3.
The application seeks planning permission to vary condition 11 of planning permission
07/00833.
4.
Condition 11 currently states:
Notwithstanding the provisions of Classes A, B, C or D of part 1 of Schedule 2 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 enlargement, improvement or any
other alteration of or to any dwelling house the subject of this permission shall be carried out
without planning permission having first been obtained from the Local Planning Authority.
Reason: The nature and density if the layout requires strict control over the form of any
additional development which may be proposed to ensure the site is not overdeveloped.
5.
PVWRCM
The application seeks to delete this condition, thereby enabling the enlargement,
improvement or other alteration of a dwelling house; addition or alteration to its roof; other
alterations to the roof and construction of a porch, subject to compliance with certain criteria,
without the need for planning permission where those changes would normally be permitted
by national legislation.
2
Principal Planning Issues
Recent planning history
6.
Planning permission 06/00910 granted planning permission for two detached houses, subject
to a number of conditions, but did not include a condition removing ‘permitted development
rights’. Subsequent to this the applicant applied to vary the permission for the houses
(07/00833). The main variations to the development between that granted under 06/00910
and 07/00833 were:
7.
Layout
Plot 1
No variations to the siting of the house or garage from that permitted.
Plot 2
The basement is a different shape from that first permitted and has been made smaller by the
omission of the north western corner. The ground floor footprint of the house is in the same
location as that first approved, a single storey conservatory is on the rear of the property and
a single storey pantry / lobby on the side elevation of the house. The basement has been
designed to include a light well to serve a proposed guest bedroom in the basement. The
double garage increased in width by two metres.
8.
Elevations
Plot 1
The eaves height of the building increased by 0.3m from 06/00910 to 07/00833, however the
overall height of the building remained unchanged.
Plot 2
The eaves height of the building increased by 0.2m from 06/00910 to 07/00833, however the
overall height of the building remained unchanged. Two dormer windows added in the front
and rear elevations. A completely glazed flat roofed conservatory added on the rear elevation
and a flat roofed single storey pantry / lobby on the side elevation of the house. A first floor
window in the side elevation, serving an en-suite bathroom was relocated 0.5m to the right
and the arrangement of windows at ground floor level altered slightly to account for the
proposed single storey addition.
9.
When imposing conditions on planning permissions Circular 11/95 The Use of Conditions in
Planning Permissions, is clear that conditions should only be imposed where they satisfy six
tests, briefly these are:
(i) necessary
(ii) relevant to planning
(iii) relevant to the development to be permitted
(iv) enforceable
(v) precise
(vi) reasonable in all other respects
10.
In the context of application 06/00910, Officers recommended planning permission be
granted for application 07/00833 subject to conditions. However the Development Control
Panel considered that it would only be appropriate to grant planning permission if this
additional condition was imposed as part of the permission.
11.
The main issue for consideration is therefore the impact of allowing the dwelling to be
extended within its ‘permitted development rights’ upon the character of the area and the
amenities of nearby occupiers.
12.
Circular 11/95 The Use of Conditions in Planning Permissions states that “it is possible
exceptionally, to impose conditions to restrict further development which would normally be
PVWRCM
3
permitted by a development order…development orders…are designed to give or confirm a
freedom from detailed control which will be acceptable in the great majority of cases. Save in
exceptional circumstances conditions should not be imposed which restrict permitted
development rights. The Secretaries of State would regard such conditions as unreasonable
unless there were clear evidence that there would be a serious adverse effect on amenity or
the environment.” An example of when it may be possible to remove Part A rights
(extensions) is given and states that the removal of Part A rights may be acceptable so as to
avoid over development by extensions to dwellings houses in an area of housing at unusually
high density.
13.
The houses on this site are large detached houses, which are provided on plots that are of a
size comparable to those in the vicinity of the site. The detached nature of the houses are set
within fairly spacious plots meaning that the houses are not situated in close proximity to
either each other or adjoining properties.
14.
It is considered that the circumstances of this site make it comparable to houses and plots in
the vicinity of the site and there are no exceptional circumstances on this site, compared to
development in the locality, to warrant removing the ‘permitted development’ rights to extend
and alter the houses without the need for planning permission.
15.
It should be noted that the house on plot 2 approved under 07/00833 is larger than that
approved under 06/00910, as a single storey extension and conservatory have been added,
which feasibly could have been ‘permitted development’ had they not been granted planning
permission as part of the new house under 07/00833. It should also be noted that Class E
‘permitted development’ rights which allow the erection of outbuildings within the curtilage of
the house, subject to compliance with various criteria, have not been removed.
16.
However it was not considered reasonable or necessary by Officers when considering
07/00833 to remove the ‘permitted development’ rights for these houses, there have been no
changes in circumstances since the granting of this permission to warrant recommending that
this condition be retained. As such it is considered that this condition is unnecessary and
unreasonable.
Other Material Considerations
17.
It is noted that a local resident considers that the Council should have declined to
determine this application. The Planning Acts allow an application to be made to vary a
condition imposed on a planning permission, and the Council does not have powers to
decline to determine this application.
Conclusion
18.
The removal of ‘permitted development’ rights is only acceptable in exceptional
circumstances. The house and plots are comparable to those in the locality and it is
considered that there are no exceptional circumstances to justify removing the ‘permitted
development’ rights for these dwellings. As such it is recommended that condition 11 is
removed.
Recommendation:
PVWRCM
Grant planning permission subject to conditions
and remove condition 11 of planning permission
07/00833 as follows:
4
Conditions and Reasons
^CR;;
1
2
3
4
5
6
7
8
9
PVWRCM
The houses hereby permitted shall be constructed in accordance with the materials
approved pursuant to condition 2 of planning permission 06/00910/FULL. Any variation to
the proposed materials shall not take place until samples of the materials to be used on
external surfaces of the development(s) hereby permitted have been submitted to and
approved in writing by the Local Planning Authority. The development(s) shall be carried
out and maintained thereafter in accordance with the approved details.
Reason: In the interests of the visual amenities of the area. Relevant Policies - Local Plan
DG1.
The surfacing of the driveway shall be in accordance with the details approved pursuant to
condition 3 of planning permission 06/00910. Any variations of this shall be submitted to
approved in writing by the Local Planning Authority and thereafter undertaken in
accordance with the approved scheme.
Reason: In the interests of the visual amenities of the area. Relevant Policies - Local Plan
DG1.
Tree protection fencing shall be maintained on site in accordance with the submitted
arboricultural method statement CBA5984 dated April 2006.
Reason:In the interests of the visual amenity of the site and surrounding area.
Within one month of the date of this decision full details of both hard and soft landscape
works, including tree planting where appropriate, shall be submitted to the Local Planning
Authority for approval, thereafter the approved works shall be carried out as approved
within the first planting season following the substantial completion of the development and
retained thereafter in accordance with the approved details. Reason: To ensure a form of
development that maintains, and contributes positively to the character and appearance of
the area. Relevant Policies - Local Plan DG1.
Within one month of the date of this decision details of the design of the foundations of the
garages for plot 1 and plot 2 shall be submitted to and approved in writing by the Local
Planning Authority. The development shall then proceed only in accordance with the
approved details.
Reason: In the interests of safeguarding the trees on the site which are important to the
visual character of the area.
Notwithstanding the provisions of the current Town & Country Planning (General Permitted
Development) Order 1995 (or subsequent modifications thereof), the garage
accommodation on the site shall be kept available for the parking of vehicles at all times,
unless permission has been granted by the Local Planning Authority on an application
made for any other purpose.
Reason: To ensure that the Local Planning Authority's vehicle parking standards are met.
Relevant Policies - Local Plan P4.
Within one month of the date of this decision details of the siting and design of all walls,
fencing and/or other methods of enclosure (including any retaining walls) shall be submitted
to and approved in writing by the Local Planning Authority . Such walls or fencing as may
be approved shall be erected before first occupation of the development unless the prior
written approval of the Local Planning Authority to any variation has been obtained.
Reason: To ensure a satisfactory resultant appearance and standard of amenity of the site.
Relevant Policies - Local Plan DG1, H10, E10.
No window(s), other than those shown on the approved plans, shall be inserted at first floor
level or above in any elevation(s) of the houses on plot 1 and plot 2 hereby permitted
without first obtaining the prior approval in writing of the Local Planning Authority.
Reason: To prevent overlooking and loss of privacy in the interests of the residential
amenities of the neighbouring properties.
The first floor window(s) in the northern elevation(s) of the house on plot 1 and the first floor
window in the east elevation of plot 2 hereby permitted shall be of a permanently fixed,
non-opening design with the exception of an opening toplight, that is a minimum of 1.6 m
above the finished internal floor level and fitted with obscure glass which shall thereafter be
permanently maintained as such.
Reason: To prevent overlooking and loss of privacy in the interests of the residential
amenities of the neighbouring properties.
5