Minutes: Development Control 15.09.11

DRAFT - THREE RIVERS DISTRICT COUNCIL

At a meeting of the Planning Committee held in the Penn Chamber, Three Rivers House, Rickmansworth, on 15September 2011 from 7.30pm to 9.20pm.

Present:CouncillorsGeoffrey Dunne (Chairman), Chris Lloyd (Vice-Chairman), Chris Ayrton, Phil Brading, Paula Hiscocks, Helen Lehrle, David Major, Stephen King, Ann Shaw OBE and Chris Whately-Smith.

Officers:Geof Muggeridge, Marie Clarke, Alice Eggeling, Richard Holmesand Sarah Haythorpe.

Apologies for absence were received from Councillors Chris Hayward and Amrit Mediratta.

Also in attendance: CouncillorsBarbara Lamb MBE, Russell and Parish Councillor Jackie Worrall, Chorleywood Parish Council.

PC48/11MINUTES

The Minutes of the Planning Committee meeting held on 18August 2011 were confirmed as a correct record and were signed by the Chairman.

PC49/11NOTICE OF OTHER BUSINESS

None.

PC50/11DECLARATIONS OF INTEREST

Councillor David Major declared a personal and prejudicial interest in agenda item 15 (11/1664/FUL – Single storey rear extension at 97GALLOWS HILL LANE, ABBOTS LANGLEY, WD5 0DD for MrNCooper) as a Member of the Parish Council Planning Committee and left the room during the consideration of this item.

PC51/1111/0914/RSP – Part Retrospective: Two storey/single storey side and rear extensions with revised location of ground floor flank wall to south eastern side extension at 62 HIGHFIELD WAY, RICKMANSWORTH, HERTFORDSHIRE WD3 7PR, for MrMichael Dowd

The Planning Officer reported there was a new block plan at 1:100 which showed the relationship with the neighbours and showed the house at an angle to the flank boundary and to the neighbouring properties. The angle had become more obvious when the dwelling was extended sideways. A further letter had been received from the neighbour.

It was proposed that Condition C1 on the timescale for implementation be deleted (retrospective permission). Conditions were suggested for the timescale of the single storey extension.

On the existing Condition C4 it was proposed that the reasoning be changed to refer specifically to safeguarding the amenities of the neighbour and would read as follows:

C4Within TWO MONTHS of the date of this permission, the single storey side extension adjacent to number 60 Highfield Way shall be removed or reduced in width in accordance with the details shown on approved plan number MD/62/01 Rev D.

REASON:To safeguard the amenities of the occupiers of the neighbouring residential property (number 60) in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 - 2011 and Policy CP12 of the Core Strategy Submission Version (February 2011).

A new Condition was to be added requiring the flank side wall to be painted white with the suggested wording to be:

“Within ONE MONTH of moving the single storey side extension adjacent to number 60 Highfield Way, as required by Condition 4 of this planning permission, the external flank elevations of both this single storey side extension and the two storey side extension facing number 60 Highfield Way (shown as rendered on the submitted plans) shall be painted in white to the satisfaction of the Local Planning Authority.

Councillor Paula Hiscockssaid one of her main concerns was the impact the windows at the side would have on the bungalow and the sustainability issues of neighbours having their lights on in the bungalow all the time. Having looked at this application and the original application the flank wall would be 0.9m from where it was originally planned and would cover both the windows at the side of the bungalow. The wall had not been stepped in and this could be the case for many months. Building Control/Enforcement must monitor this. There would be light pollution from the hallway/stairwell window into the bedroom window of the bungalow. The applicant would also be able to have a close boarded boundary fence up to 1.8m high which would block light into the bungalow. There was a need to ensure the neighbours’ light was protected.

The Planning Officer advised that the two storey side extension had been built in accordance with the 2010 application. The single storey side extension wall would be moved and a Conditionwould be added requiring the wall to be moved within 2 months. The wall was a non-structural wall which could be demolished and did not need to be referred to Building Control. The new wall would require input from Building Control. A Condition could be added removing permitted development rights for raised boundary fencing for the length of the property. The hallway/stairway window on the ground floor would be obscure glazed and non opening.

Councillor Ann Shawsaid there had been a lot of confusion on this application which had been made worse by the site visit. The plans had been inaccurate and there had been confusion on the boundary. The original planning permission had not taken into consideration that No.62 was out of alignment to the boundary with No.60. Accurate plans had now been received with the side extension set back from the boundary. She was not optimistic about the outcome if the application went to appeal and moved the recommendation, seconded by Councillor Chris Lloyd,to Grant Part-Retrospective Planning Permission but only if the flank wall facing No.60 was painted white and was monitored to ensure works happened promptly. There should also be a Condition on the fencing along the length of the property. This situation must not be allowed to go on for months.

Local Ward Councillor Russell Smith concurred with the comments made particularly regarding the loss of the light to the neighbour.

Councillor Chris Whately-Smith agreed there must be a timescale on painting the wall. The Planning Officer saidthe single storey side extension wall would need to be removed within 2 months and the flank wall painted white within 1 month.

In accordance with Council Procedural Rule36(3) Mr Philip Hughes spoke in favour of the application.

Councillor Chris Lloyd thanked officers for their work on what had been a difficult application. He asked that Officers ensure the restrictions on the height of the fence were applied only to the length of the dwelling.

On being put to the Committee the proposal that Part-Retrospective Planning Permission be granted subject to the deletion of Condition 1 (3 year time limit), an amendment to the reason for Condition C4 to refer to neighbouring amenity, 2 additional Conditions requiring the painting of the flank wall facing No.60 white and ensuring there was no raise in the height of the boundary fencing for the length of the property was CARRIED the voting being 8 For, 1 Against and 2 Abstentions.

RESOLVED:-

that part retrospectivePLANNING PERMISSION BE GRANTED subject to the following conditions:-

C1The development hereby permitted shall be carried out in accordance with the following approved plans: TRDC001, MD062/00, MD/62/01 REV D, MD/LP/02.

REASON: For the avoidance of doubt, in the proper interests of planning and in accordance with Policy GEN3, and Appendices 2 and 3 of the Three Rivers Local Plan 1996-2011 and Policies CP1 and CP12 of the Core Strategy Submission Version (February 2011).

C2Unless specified on the approved plans, all new works or making good to the retained fabric shall be finished to match in size, colour, texture and profile those of the existing building unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that the external appearance of the building is satisfactory in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 - 2011 and Policy CP12 of the Core Strategy Submission Version (February 2011).

C3Within TWO MONTHS of the date of this permission, the single storey side extension adjacent to number 60 Highfield Way shall be removed or reduced in width in accordance with the details shown on approved plan number MD/62/01 Rev D.

C4Before the first occupation of the building/extension hereby permitted the window(s) in the ground floor south-east flank serving the hall/stairs shall be fitted with purpose made obscured glazing and shall be top level opening only at 1.7m above the floor level of the room in which the window is installed. The windows shall be permanently retained in that condition thereafter.

REASON:To safeguard the amenities of the occupiers of neighbouring residential properties in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 - 2011 and Policy CP12 of the Core Strategy Submission Version (February 2011).

C5Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment No 2) Order 2008, no windows/dormer windows or similar openings [other than those expressly authorised by this permission] shall be constructed in the elevations or roof slopes of the extension/development hereby approved.

REASON:To safeguard the residential amenities of neighbouring properties in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011 and Policy CP12 of the Core Strategy Submission Version (February 2011).

C6Within ONE MONTH of moving the single storey side extension adjacent to number 60 Highfield Way, as required by Condition 4 of this planning permission, the external flank elevations of both this single storey side extension and the two storey side extension facing number 60 Highfield Way (shown as rendered on the submitted plans) shall be painted in white to the satisfaction of the Local Planning Authority.

C7The boundary treatment between the dwellinghouses of number 62 and number 60 Highfield Way shall not exceed a maximum height of 1.5m measured from the ground level of the adjacent path at number 60 Highfield Way at any time.

INFORMATIVES:

I1Given the site circumstances, including the development on adjoining site(s), and the provisions of Policy GEN3, and Appendices 2 and 3 of the Three Rivers Local Plan 1996-2011 and Policies CP1 and CP12 of the Core Strategy Submission Version (February 2011), the residential extensions (subject to the conditions attached to this permission) do not have a significant adverse effect on the residential amenities of any neighbouring properties or otherwise result in demonstrable harm.

I2With regard to implementing this permission, the applicant is advised as follows:

All relevant planning conditions must be discharged prior to the commencement of work. Requests to discharge conditions must be made by application form; the relevant form is available on the Council's website ( Fees are £85 per request (or £25 where the related permission is for extending or altering a dwellinghouse or other development in the curtilage of a dwellinghouse). Please note that requests made without the appropriate fee will be returned unanswered.

There may be a requirement for the approved development to comply with the Building Regulations. The Council's Building Control section can be contacted on telephone number 01923 727132 or at the website above for more information and application forms.

Where possible, energy saving and water harvesting measures should be incorporated. Information on this is also available from the Council’s Building Control section. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Management Section prior to the commencement of work.

PC52/1111/1135/FUL - Demolition of workshops to rear. Change of use of ground and basement floor accommodation from commercial use to residential. New build single storey extension to create residential accommodation to three bedroom flat in basement and ground floors. Retention of existing first and second floor flat. New detached three bedroom house and associated garaging and parking on ground to the rear at WHARNCLIFFE, OLD COMMON ROAD, CHORLEYWOOD, RICKMANSWORTH, HERTFORDSHIRE, WD3 5LW for MrABrummell

and

11/1211/CAC - Conservation Area Consent: Demolition of workshops to rear at WHARNCLIFFE, OLD COMMON ROAD, CHORLEYWOOD, RICKMANSWORTH, HERTFORDSHIRE, WD3 5LW for MrABrummell

The Planning Officer reported that one additional letter had been received from a previous respondent reiterating the points already made in the report.

Councillor Ann Shaw moved both the recommendations (11/1135/FUL and 11/1211/CAC), seconded by Councillor Chris Whately-Smith, but requested that an additional Condition be added relating to the requirement for a survey of the historic features and their preservation or relocation where appropriate particularly forthe bread oven.

Parish Councillor Jackie Worrall, Chorleywood Parish Council, said the Parish Council had concerns regarding access onto Common Road and vehicles parking in the road. The Chairman advised these details were Highway matters out of the Council’s control.

Councillor Phil Brading advised that if access to the road was restricted the Police had the powers to deal with this type of incident.

On being put to the Committee the proposal that Planning Permission be Granted for (11/1135/FUL) and Conservation Area Consent be Granted for (11/1211/CAC) with Conditions plus an additional condition relating to the requirement for a survey of the historic features and their preservation or relocation where appropriate with specific reference to the bread oven was CARRIED the voting being unanimous.

RESOLVED:-

that planning permission ref: 11/1135/FUL be GRANTED subject to the following conditions:-

C1The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.

C2The development hereby permitted shall be carried out in accordance with the following approved plans: CR/10/L-01B, CR/10/L-02B, CR/10/L-03B, CR/10/L-04A, CR/10/L-05B, CR/10/L-06A, CR/10/L-07A, CR/10/L-08, CR/10/S-01, CR/10/S-02 and CR/10/S-03,

REASON: For the avoidance of doubt, in the proper interests of planning and to maintain the residential amenities of neighbouring properties, in accordance with Policies GEN1, GEN3, C1, S4, D6, D7, N1, N3, N15, N16, N17, H14, T7, T8 and Appendices 1, 2 and 3 of the Three Rivers Local Plan 1996-2011 and Policies CP1, CP2, CP3, CP4, CP6, CP10 and CP12 of the Core Strategy Submission Version (February 2011) and the adopted SPD ‘Sustainable Communities’.

C3Before the building operations hereby permitted are commenced, samples and details of the proposed external materials, including surface materials, walls and external finishes, shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.

REASON: To ensure that the external appearance of the dwelling and extensions hereby permitted are satisfactory in accordance with PoliciesGEN1, GEN3, C1 and Appendices 1 and 2 of the Three Rivers Local Plan 1996 – and Policies CP11 and CP12 of the Core Strategy Submission Version (February 2011).

C4Immediately following the implementation of this permission, notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment No 2) Order 2008 (or any other order revoking and re-enacting that order with or without modification) the following Classes of Schedule 2 of the Order as amended are withdrawn.

Part 1

Class A – enlargement, improvement or other alteration to the dwelling

Class B – enlargement consisting of an addition to the roof

Class C – alteration to the roof

Class E – provision of any building or enclosure

No development of any of the above classes shall be constructed or placed on any part of the land subject of this permission.

REASON: To ensure adequate planning control over further development having regard to the limitations of the site and neighbouring properties and in the interests of the visual amenities of the site and the area in general, in accordance with Policies GEN1, GEN3, C1 and Appendices 1 and 2 of the Three Rivers Local Plan 1996 – 2011 and Policies CP1 and CP12 of the Core Strategy Submission Version (February 2011).

C5No development shall be occupied until the energy saving measures detailed within the submitted C-Plan report are incorporated into the dwellings and a sustainability checklist has been approved in writing by the Local Planning Authority. The approved details shall be implemented prior to occupation of the development and permanently maintained thereafter.

Reason: To ensure that the development meets the requirements of PolicyGEN1 and Appendix 1 of the Three Rivers Local Plan 1996 – 2011 and the Sustainable Communities SPD and Policy CP1 of the Core Strategy Submission Version (February 2011) and to make as full a contribution to sustainable development principles as possible.

C6No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be erected prior to occupation and carried out in accordance with the approved details.

REASON: To safeguard the visual amenities of neighbouring properties and the character and appearance of area in accordance with PoliciesGEN1, GEN3 and C1 and Appendices 1 and 2 of the Three Rivers Local Plan 1996 – 2011 and Policies CP1 and CP12 of the Core Strategy Submission Version (February 2011).

C7Immediately following the implementation of this permission, notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment No 2) Order 2008 (or any other order revoking and re-enacting that order with or without modification), no additional windows or similar openings shall be constructed in the elevations or roofs of any part of the dwellings hereby permitted except for any which may be shown on the approved drawing(s).