Agenda item

REFUSED

Description of application amended to read, ‘Loft conversion with rear dormer - LAWFUL CERTIFICATE PROPOSED.’

Oral representations from Ward Member, Councillor Simon Fawthrop, in objection to the application were received at the meeting.  At Councillor Fawthrop’s request an appeal decision relating to a local dwelling dated 19 July 2018 had been circulated to Members together with the description of the Petts Wood Area of Special Residential Character document. 

Councillor Fawthrop read a statement and requested his statement be annexed to these minutes. 

The Chief Planner’s representative informed Members that the application had always been considered as a Lawful Development Certificate and the description had been amended accordingly and referred to the legal comments on pages 49 and 51 of the Chief Planner’s report.

The Council’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 together with a Notice of a Direction which is made Under Article 4(1) of the Town and Country (General Permitted Development) (England) Order 2015 as amended.  A brief summary was given regarding the procedure for an application for a certificate of lawful development.  Reference was made to the relevant Chief Planner’s report which mentions that; the development is not subject to the direction. Advice was provided on a possible remedy for members to consider the making of a new Article 4 Direction if necessary and reasonable; in order to deal with issues not covered in the current Article 4 Direction. Members were also advised about the potential cost implications which could flow as a result of a refusal to grant the certificate of lawfulness for the proposed development.

The Chairman welcomed the clear legal advice.

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.

Members had a discussion on the content of the Article 4 direction.

The Chief Planner’s representative advised Members that if the application were to be deferred by Members then the applicant could appeal on the grounds of non-determination.

Those in favour of the refusal motion agreed to Councillor Fawthrop’s statement which is annexed in these minutes.

Members having considered the report and representations, RESOLVED that a LAWFUL DEVELOPMENT CERTIFICATE 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.