Report to be read in conjunction with the Decision Notice.
Application Ref: / 3/2018/320 /
Date Inspected:
Officer: / RM
DELEGATED ITEM FILE REPORT: / NON MATERIAL AMENDMENT
ApplicationDescription: / Non material amendment to add additional space and create a playroom to planning consent 3/2017/0829
Site Address/Location: / Rear of 62 Branch Road Mellor Brook BB2 7NY between 24 and 30 Bosburn Drive BB2 7PA
CONSULTATIONS:
No representations have been received in respect of the proposed development.
RELEVANT POLICIES:
National Policies:
National Planning Policy Guidance (NPPG)
Relevant Planning History:
3/2017/0399:Construction of new detached house in rear garden of 62 Branch Road, located between 24 and 30 Bosburn Drive – granted subject to conditions
3/2017/0829:Variation of condition 2 of planning permission 3/2017/0399 for construction of new detached house in rear garden of 62 Branch Road, located between 24 and 30 Bosburn Drive involving increasing the width of the garage by 800mm– granted subject to conditions
ASSESSMENT OF PROPOSED DEVELOPMENT:
Site:
The application site relates to a section of land situated to the rear of 60 & 62 Branch Road and between numbers 24 & 30 Bosburn Drive in Mellor Brook. The application site is located within the settlement boundary of Mellor Brook and is surrounding by residential properties. The site is owned by the occupants of 62 Branch Road and is currently used as garden area. The application specifically relates to the southern half of the area currently used as garden.
In June 2017 full planning permission was granted for the erection of one dwelling on this plot of land (3/2017/0399) and in October 2017 a Section 73 application (3/2017/0829) to increase the width of the integral garage was approved by the LPA. This S73 application resulted in the issuing of a new planning permission and decision notice.
Nature of Non Material Amendment:
Consent is sought for a non-material amendment to the previous planning permission (3/2017/0829). The amendment seeks to add a modest sized single storey extension on the rear elevation of the approved dwelling. The extension would project a further 1.7m out from the main rear elevation of the property and have a width of 4.1m. This additional feature would have a hipped roof design measuring 3.2m to the highest point and would provide a playroom.
Observations/Assessment/Conclusion:
The government published the NPPG on 6 March 2014. This is intended to complement the NPPF and to provide a single resource for planning guidance, whilst rationalising and streamlining the material. Almost all previous planning Circulars and advice notes have been cancelled. Specific reference will be made to the NPPG or other national advice in the Analysis section of the report, where appropriate.
Paragraph 008 to section 17a of the NPPG indicates that, in making decisions on non-material amendment applications, the local planning authority should take into account:
  • “the effect of the change, together with any previous changes made under section 96A. They must also take into account any representations made by anyone notified […]. As this is not an application for planning permission, section 38(6) of the Planning and Compulsory Purchase Act 2004 does not apply.”
Paragraph 002 to section 17a of the NPPG indicates that:
  • “There is no statutory definition of ‘non-material’. This is because it will be dependent on the context of the overall scheme – an amendment that is non-material in one context may be material in another. The local planning authority must be satisfied that the amendment sought is non-material in order to grant an application under section 96A of the Town and Country Planning Act 1990.”
Therefore, the purpose of the application is to seek the Council’s opinion as to whether the changes to the previously approved development are sufficiently material in their nature and in the context of the approved development (3/2017/0829) so as to require a fresh planning permission. Non-material amendment applications are not an application for planning permission, do not result in the issuing of a new planning permission and relate only to the amendments sought.
Paragraph 011 to section 17a of the NPPG states that the issuing of an approval for a non-material amendment application:
  • “only relates to the non-material amendments sought and the notice of the decision should describe these. It is not a reissue of the original planning permission, which still stands. The two documents should be read together.”
The non-material amendment seeks to add a single storey rear extension to the approved dwelling. As mentioned above the extension is modest in size, projecting a further 1.7m out from the main rear elevation and being 4.1m wide. With regard to design/appearance, being at the rear this additional feature would not be visible to the general public and thus has minimal visual impact on the area. In terms of impact upon neighbouring properties, the extension would be sited away from any neighbouring boundaries and would not project as far at the rear as the approved integral garage. As such the extension would be fully screened from the nearest neighbouring property at 30 Bosburn Drive by the previously approved garage and therefore would have no material impact upon this, or any other, neighbouring properties.
In view of the above, the amendment would nothave any greater impact upon the visual amenity of the area, or residential amenity, in comparison to what was previously approved and the proposal therefore constitutes a non-material amendment to the original planning permission for the purposes of Section 96A of the Town and Country Planning Act 1990 (as amended).
RECOMMENDATION: / Grant subject to conditions