Agenda item

The proposal before Members sought retrospective permission for a terrace of 3 two storey houses and 2 detached bungalows, as well as changes to ground levels at the northern end of the site and erection of a 2m high close boarded timber fence on top of the concrete retaining wall around the site boundaries. All the dwellings had already been constructed under planning permission P1053.13 and, when this was done, ground levels at the northern end of the site were raised. 

The ground levels have now been reduced and the application sought retrospective permission for these works as well as to screen the adjoining dwellings from overlooking with a 2m high fence. Permission was also sought for retention of the dwellings as constructed, including raising the roof height of the bungalows on Plots 1 and 2, and the addition of rooflights in each of the units.

In accordance with the public speaking arrangements the Committee was addressed by an objector.

The objector commented that the development was totally different to what the plans had originally shown. The two detached bungalows had stairwells inside and that the upper roof area was to be used as living accommodation, the objector also commented that the ground levels were much higher than had originally been shown and that this would lead to overlooking issues for neighbouring properties. The objector concluded by commenting that the provision of the fencing to the site would just be masking what had been built on the site which was not in accordance with the original plans.

During the debate Members discussed the deviations from the original plans and the responsibility of maintaining the fencing once erected.

Members noted that the proposed development qualified for a Mayoral CIL contribution of £7,760 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant, by 31 December 2017, entering into a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 (as amended) to vary the legal agreement completed on 13 October 2014 in respect of planning permission P1053.13 by varying the definition of planning permission which should mean either planning permission P1053.13 as originally granted or planning permissions P1809.15 and P2010.16.

Save for the variation set out above and necessary consequential amendments the Section 106 agreement dated 13 October 2014 and all recitals, terms, covenants and obligations in the said Section 106 agreement would remain unchanged.

In the event that the Deed of Variation was not completed by such date the item shall be returned to the Committee for reconsideration.

The Developer/Owner shall furthermore pay the Council’s reasonable legal costs in association with the preparation of the agreement, irrespective of whether the legal agreement was completed.

That the Assistant Director of Development be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report and to include an amendment to Condition 14 to require prior approval of details of the fencing and its construction details – to ensure that the fence was of a robust nature.

The vote for the resolution to grant planning permission was carried by 6 votes to 5.

Councillors Best, Donald, Hawthorn, Martin, Smith and Williamson voted for the resolution to grant planning permission.

Councillors Nunn, Wallace, Westwood, White and Whitney voted against the resolution to grant planning permission.