Agenda item

REFUSED

Description of application – Loft conversion with roof alterations and rear dormer PROPOSED LAWFUL DEVELOPMENT CERTIFICATE.

It was reported that no objections to the application had been received.

The Chief Planner’s Legal Representative had circulated a copy of a report titled, ‘Article 4 Direction – Petts Wood Area of Special Residential Character’ that had been considered by Development Control Committee on 6 September 2016 and approved by The Executive on 18 October 2016.

He drew Members’ attention to paragraphs 3.1 and 3.4 and advised Members that although the proposed development would be visible to the front of the dwelling, the construction would be to the side and not to the front roof slope.

Councillor Simon Fawthrop read a statement which contained reference to the Area of Special Residential Character document and both appended to these minutes as ‘Annex B’, and he referred to a leaflet that had been distributed by the applicant to residents living in that area and a copy had been filed on the planning file.  Councillor Fawthrop said that the leaflet demonstrated that there was a reasonable belief that permitted development on the side of a building is excluded, under the Article 4 Direction.

Councillor Tony Owen referred to the history of the Petts Wood Garden Suburb in the Area of Special Residential Character and emphasised the purpose of the Article 4 Direction had been to stop the conversion from hipped to gabled roof, to preserve street scenes and for semi-detached houses to remain balanced.

Councillor William Huntington-Thresher’s view was that Article 4 was quite clear and he was surprised that a side dormer had not been included in the Direction and warned that a public hearing may expose the Council to costs. 

Members having considered the report, RESOLVED that PERMISSION BE REFUSED for the following reason:-

1. The Land at Petts Wood Area of Special Residential Character Article 4 Direction requires planning permission to be sought for any alteration or addition to any front roofslope (that facing the public highway) that would otherwise have been permitted by Class B or Class C of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015. The site is within the area covered by this Article 4 Direction. The front roof slope of the dwellinghouse would be altered by the hip to gable roof enlargement and therefore the proposal would require planning permission.