Issue - meetings

DEFERRED

Description of application - Single storey side and two storey rear extensions. Installation of rear and side dormers and other roof alterations

CERTIFICATE OF LAWFULNESS FOR A PROPOSED DEVELOPMENT.

Oral representations in objection to and in support of the application were received.  Oral representations from Ward Members, Councillors Russell Mellor and Michael Tickner in objection to the application were received at the meeting.  It was reported that an objection had been received from North Copers Cope Action Group. 

The Chief Planner’s representative advised Members that the Permitted Development rights granted by the Government enabled householders to undertake extensions without planning permission, provided the conditions and limitations set out in the General Permitted Development Order were met. If all requirements were complied with, as was the case with the current application, the Council was obliged to issue a Certificate of Lawfulness. Members should therefore take into account the criteria listed on page 105 of the Chief Planner’s report prior to making a decision.  He further said that the majority of these applications were dealt with under the Chief Planner’s delegated powers because they were judged on technical grounds and that if the application had not been called in by a Member then it would have been dealt with in this way.

The Chairman stated that it may be difficult to refuse the Certificate of Lawfulness for a Proposed Development in this instance.

Members requested a legal briefing with clarification on certificate of lawfulness of proposed use or development as noted in the Town and Country Planning Act 1990. 

Members having considered the report, objections and representations, RESOLVED that the application BE DEFERRED, without prejudice to any future consideration toseek further confirmation of the lawfulness of the proposed development and clarification of the matters to be considered in the determination of such applications..