Agenda item

REFUSED

.

Description of application - Removal of condition 8 of permission 18/04731/FULL6 (granted for the demolition of existing side garage and extension, and rear extension. Two storey front/side extension and part two storey/single storey rear extension) relating to the removal of permitted development rights.

Oral representations in objection to and in support of the application were received at the meeting.  Supplementary photographs had been received from the objector and an email dated 20 November 2019 had been received from the applicant.  An email had also been received from Councillor Fawthrop dated 21 November 2019 that contained his alleged factual inaccuracies in the applicant’s email.  The Assistant Director Planning’s representative circulated replies to Councillor Fawthrop’s alleged inaccuracies to Members.

The Chairman and Councillor Owen had visited the site.  The removal of permitted development rights did not prohibit any future application for further development and each application would be treated on its merits and the effect on the neighbouring dwelling.

Councillor Terry referred to the difference in land levels between the two sites and the neighbouring amenity and the Area of Special Residential Character.

Councillor Owen said that the site could not be appreciated from the street view and referred to the Ordnance Survey Plan on page 117 of the report.  He also referred to the second photograph received from the objector that showed loss of daylight to a rear first floor room and his view was that the development caused serious damage to the amenity of the neighbour and permitted development rights had been removed to protect the neighbour and he moved refusal.

Councillor Onslow seconded refusal.

Councillor Michael said that no site was identical and it was not a material consideration to consider if other local sites in the vicinity had had permitted development rights removed. The removal of permitted development rights afforded a degree of protection and control in the Area of Special Residential Character

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

1.  The removal of restricted permitted development rights under Condition 8 would likely result in development that would impact detrimentally on the residential amenities of neighbouring residents, particularly Number 77 Lynwood Grove as a result of the significant differences in ground levels and would also be harmful to the character and appearance of the area, contrary to Policies 6, 8, 37 and 44 of the Council's Local Plan (2019). 

The vote for refusal was unanimous.