Agenda item

Extension of time limit for implementation of planning permission HGY/2004/0585 for infill of ground floor and existing garage area to create 2 x 2 bed flats, an extension at third floor level to create 1 x 2 bed flat, 4 x 1 bed flats and the merging of an existing 1 bed flat to create 1 x 2 bed flat; and the rearrangement of car parking area, creation of lift and installation of front bay window to the ground, first and second floors.

RECOMMENDATION: Grant permission subject to conditions.

The Committee considered a report, previously circulated, which set out the application, site and surroundings, planning history, details of the consultation and relevant planning policy and factors. The Planning Officer presented the report, highlighting the key elements. There being no registrations to speak, the Committee examined the plans and asked questions of the Planning Officer.

In response to questions from the Committee, it was reported that while this was an application for an extension of time for an existing permission, the Committee did have the opportunity to add appropriate informatives or conditions, provided that these did not fundamentally alter the original permission granted. The Committee expressed come concern regarding the issues raised by a local resident as part of the consultation; it was reported that the issues raised regarding bins and landscaping were covered in the application, but that informatives could be added to address any further issues. In response to a further question from the Committee, it was confirmed that there had been no significant change in Planning Policy since the time of the original decision, which would enable the issue of the height of the development to be revisited.

The Committee asked whether existing tenants could be protected by means of a condition enforcing immediate action to secure the disused area at the front of the site and prevent unauthorised access. It was reported that a condition could be added requesting that a plan for such actions be submitted for approval by the Local Authority and implemented at the time of work commencing on the scheme, however such a condition would only be triggered by commencement of the scheme. It was agreed, however, that an informative could be added expressing the Committee’s wish for measures to protect local residents being put in place as soon as possible. It was reported that there was nothing to prevent the owner of the site seeking a further extension of time at a later date.

The Chair moved the recommendation of the report and it was resolved that application HGY/2011/0033 be granted. Cllr Schmitz’s vote against the recommendation was noted.

RESOLVED

That, subject to conditions and an additional informative that measures should be put in place as soon as possible to secure the site in order to protect local residents, application HGY/2011/0033, be granted.

Conditions:

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

3. The external materials to be used for the proposed development shall match in colour, size, shape and texture those of the existing building.

Reason: In order to ensure a satisfactory appearance for the proposed development, to safeguard the visual amenity of neighbouring properties and the appearance of the locality.

4. Notwithstanding the details of landscaping referred to in the application, a scheme for the landscaping and treatment of the surroundings of the proposed development to include detailed drawings of:

a.    those existing trees to be retained.

b.    those existing trees to be removed.

c.    those existing trees which will require thinning, pruning, pollarding or lopping as a result of this consent.  All such work to be agreed with the Council's Arboriculturalist.

d.    Those new trees and shrubs to be planted together with a schedule of species shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of the development. 

Such an approved scheme of planting, seeding or turfing comprised in the approved details of landscaping shall be carried out and implemented in strict accordance with the approved details in the first planting and seeding season following the occupation of the building or the completion of development (whichever is sooner).  Any trees or plants, either existing or proposed, which, within a period of five years from the completion of the development die, are removed, become damaged or diseased shall be replaced in the next planting season with a similar size and species.  The landscaping scheme, once implemented, is to be maintained and retained thereafter to the satisfaction of the Local Planning Authority.

Reason: In order for the Local Authority to assess the acceptability of any landscaping scheme in relation to the site itself, thereby ensuring a satisfactory setting for the proposed development in the interests of the visual amenity of the area.

5. The construction works of the development hereby granted shall not be carried out before 0800 or after 1800 hours Monday to Friday or before 0800 or after 1200 hours on Saturday and not at all on Sundays or Bank Holidays.           

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

6. No development shall take place until details of a refurbishment and repair scheme for the block of flats has been submitted to and approved in writing by the Local Planning Authority.  These details shall include detailed plans, drawings, materials used as specifications. Development shall be carried out in accordance with the approved details.

Reason: In order to secure the adequate refurbishment and repair of the entire building in the interests of quality accommodation and visual amenity.

7. No more than 50% of the new dwellings comprised within the development hereby authorised shall be occupied until the refurbishment and repair scheme works carried out in accordance with the details submitted and approved in condition 06 have been carried out.

Reason: In order to secure the adequate refurbishment and repair of the entire building in the interests of quality accommodation and visual amenity.

REASONS FOR APPROVAL

The development is considered to be satisfactory and in compliance with Policies UD3 'General Principles', UD4 'Quality Design', HSG1 'New Housing Development', and M10 'Parking for Development' of the adopted Unitary Development Plan 2006 and Supplementary Planning Guidance and the Council's 'Housing' SPD. Consequently, granting permission to replace extant permission HGY/2004/0585 is acceptable.

Section 106: No