COMMITTEE REPORT


 

Date:

13 March 2024

Ward:

Osbaldwick And Derwent

Team:

East Area

Parish:

Osbaldwick Parish Council

Reference:

24/00121/FUL

Application at:

34 Tranby Avenue Osbaldwick York YO10 3NB

For:

Single storey front/rear extensions and two storey side extension

By:

Mr Room

Application Type:

Full Application

Target Date:

26 March 2024

Recommendation:

Householder Approval

 

1.0        PROPOSAL

 

The Site

 

1.1.      The host dwelling is a circa 1930s brick-built semi-detached two storey dwellinghouse with a tiled hipped roof: comprising of lower and upper bay windows to the principal elevation, two windows to the side elevation; including a downpipe to the side elevation.

 

1.2.      The dwellinghouse is setback from the highway by a grass verge, footpath, vehicle driveway, front garden and a low brick wall boundary treatment. To the rear of the dwellinghouse, is a single storey enlargement in a poor condition and a detached outbuilding which is brick-built with a corrugated roof.

 

1.3.      The surrounding dwellinghouses are of a similar appearance; brick-built, circa 1930s with hipped roof, bay windows, front garden, driveway and low brick wall boundary treatment.

 

The Proposed Development

 

1.4.      The application seeks planning permission for a two-storey side extension with hipped roof, internal garage space with a protruding mono pitch roof and a single storey rear extension with mono pitch roof; the proposal includes the demolition of the rear outbuilding, which does not require planning permission.

 

1.5.      The two-storey side extension would create; ground floor internal garage space and a family room; first floor bedrooms, one bedroom with an ensuite and a separate bathroom. The single storey rear extension would create a kitchen space. The two-storey side extension will create a fenestration of window openings and a door opening to the side elevation; one window opening to the ground floor and two window openings to the first floor. Proposed materials for the windows and doors are UPVC.

 

1.6.      The two-storey side extension will have a width of approximately 3.8m; the total length will be approximately 11.5m including the protruding ground floor garage space; at the rear the total width will be approximately 8.6m including the rear single storey extension; and the total height; including the roof heights, will not exceed the height of the existing dwellinghouse.

 

1.7.      The rear single storey extension will attach to the two-storey side extension at the rear; aligning to the footprint of the two-storey extension and thereby the single storey enlargement will not protrude beyond the length of the two-storey side extension.  The curtilage boundary at the rear; will be approximately a 9.5m distance away from the building line of both the rear single storey extension and two-storey side extension. There will be an approximate distance of 1m from the northward’s curtilage boundary to the building line of the proposed two-storey side extension.

 

Call-in

 

1.8.      The application has been called-in by Councillor Warters due to highway safety concerns due to reduced off-street parking and the potential for a change of use to a shared house (HMO).

 

2.0        POLICY CONTEXT

 

National Planning Policy Framework (NPPF)

 

2.1.      The relevant sections of the NPPF for the determination of this planning application are:

 

Section 9 – Promoting Sustainable Transport

Section 12 – Achieving well designed places

 

City of York Draft Local Plan (2018)

 

2.2.      The Draft Local Plan 2018 was submitted for examination on 25 May 2018. The examination is still ongoing with an additional hearing expected to take place in March 2024. The Draft Plan policies can be afforded weight in accordance with paragraph 48 of the NPPF. Draft policies relevant to the determination of this application are:

 

Draft Policy D11 – Extensions and Alterations to existing buildings 

Draft Policy T1 – Sustainable Access

 

House Extensions and Alterations Supplementary Planning Document (SPD)

 

2.3.      The Supplementary Planning Document 'House Extensions and Alterations', dated December 2012 (‘the SPD’) is a material planning consideration relevant to the determination of this application.

 

2.4.      The SPD provides guidance relating to such issues as privacy, overshadowing, oppressiveness and general amenity as well as advice which is specific to the design and size of particular types of extensions, alterations and detached buildings. A basic principle of this guidance is that any extension should normally be in keeping with the appearance, scale, design and character of both the existing dwelling and the road/street-scene it is located on. Furthermore, proposals should not unduly affect neighbouring amenity with particular regard to privacy, overshadowing and loss of light, over-dominance and loss of outlook.

 

3.0        CONSULTATIONS

 

Parish Council

 

3.1.      Strongly object to the overdevelopment of the plot, with the reduction of parking provision and potential for increased occupancy levels.

 

4.0        REPRESENTATIONS

 

4.1.      No representations have been received at the time of writing this report.

 

5.0        APPRAISAL

 

Key issues

 

5.1.      The key issues which need to be considered in the determination of this planning application are as follows:

 

·        Visual impact on the dwelling and surrounding area

·        Neighbouring amenity

·        Highway Impact

·        Access

·        Planning Use

 

Visual impact on the dwelling and surrounding area

 

5.2.      The proposal displays a visual appearance which is similar to the surrounding area, whereby neighbouring dwellinghouses conform to a congruous design, scale and size; materials consist of brick construction and tile roofing; key design features consist of; hipped roofs, bay windows, paved (and/or) permeable driveways, front gardens and low brick wall boundary treatments; the proposal will retain these features.

 

5.3.      Dwellinghouses within the surrounding area include side enlargements and as such the proposal would not impose any visual imbalance onto the character and setting of the surrounding area; thereby the proposal complies with paragraph 7.1 of the ‘House Extension and Alterations’ supplementary planning document (2012).

 

5.4.      The two-storey side enlargement would be subservient to the existing dwellinghouse, materials would match those of the existing dwellinghouse, and design features would be in keeping with the original building, for example a hipped roof to match the existing roof. There would not be any significant visual impact on the character and street scene, as such the proposal would comply with paragraph 7.4 of the SPD (2012).

 

Neighbouring amenity

 

5.5.      With regards to the outlook, there wouldn’t be any significant visual impact relating to dominance; as there will be sufficient separation distances between the curtilage boundaries and the proposed side extension; also, the neighbouring properties have similar two-storey side enlargements; as such, the proposal complies with paragraph 5.1 of the ‘House Extensions and Alterations’ SPD (2012).

 

5.6.      Furthermore, the proposed fenestration will include window openings to the first floor of the side elevation, these window openings would be installed onto non-habitable spaces and as such there wouldn’t be any detrimental impact on neighbouring amenity; the ground floor window opening would be installed to a habitable space, however this window opening would be installed to a similar position that matches the existing side elevation window; it is worth noting that the adjacent dwellinghouse has a ground floor window installed to its side elevation; the proposed door opening to the side elevation would be deemed permitted development; additionally, there is an existing hedge plant boundary treatment in excess of 2m, there is approximately a 1m distance between the hedge boundary and the building line of the proposed enlargement. It is assumed that the hedge boundary treatment will remain in-situ, thereby continuing to provide a privacy screening between the neighbouring dwellinghouses; Altogether, the proposal adheres with paragraph 12.1 and 12.2 of the SPD, paragraph 135 of the NPPF and draft policy D11 of the Draft Local Plan.

 

Highway Impact

 

5.7.      The proposed two-storey side extension includes an integral garage at approximately 5m in length, and a vehicle driveway at approximately 5.5m in length. A condition is recommended to install a non-protruding garage door i.e., ‘roller shutter door’ this is to limit vehicles from protruding onto the highway. Additionally, the proposal would create a rear outbuilding for cycle storage.

 

5.8.      The dwelling is not located near to a road junction and in relation to oncoming traffic the highway is visible in both directions with ample distance; as such visibility splays would not be detrimentally affected by the proposed two-storey enlargement.

 

5.9.      Thereby, the proposed development is not considered to have a detrimental impact on highway safety subject to conditions and complies with paragraphs 114 and 116 of the NPPF, Draft Local Plan Policy T1 and paragraph 8.1 of the SPD.

 

Planning Use

 

5.10.  Following concerns raised with regards to the potential use of the property the applicant has confirmed that a change of use is not included within their proposal. The current use class for the property would be ‘C3 Dwellinghouses’ which is defined as a single household. The ‘Article 4 Direction’ restricts permitted development rights for a change of use from single household to a shared household. For a change of use to be considered at the property; a separate full planning application would be required.

 

6.0        CONCLUSION

 

6.1. On balance, it is not considered that the proposed two-storey side extension to the dwellinghouse would cause any demonstrable harm to the appearance of the street scene. Neither is it considered that the two-storey side extension would create any significant harm to the amenity of the neighbours in terms of proximity or overlooking. For this reason, the proposal demonstrates compliance with the NPPF, Draft Policies D11, and T1 of the City of York Draft Local Plan and the Council's Supplementary Planning Document for House Alterations and Extensions (December 2012).

 

 

7.0  RECOMMENDATION:    Householder Approval

 

1       TIME2       Development start within three years

 

2       The development hereby permitted shall be carried out in accordance with the following plans:-

 

BO4/2078/02

 

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

3       The materials to be used externally shall match those of the existing buildings in colour, size, shape and texture.

 

Reason:  To achieve a visually acceptable form of development.

 

4       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order), unless otherwise agreed in writing with the Local Planning authority the proposed garage element of the extension shall not be converted to living accommodation.

 

Reason: To ensure that adequate storage / car parking space would be retained in the interest of highway safety.

 

5       The garage shall be fitted with doors which shall at no time, even whilst being open or shut, protrude forward of the position of the face of the garage door whilst in the closed position.

 

Reason:  To prevent cars projecting into the public highway and obstructing the free passage of road users.

 

6       Notwithstanding the submitted details prior to the completion of the development details of secure cycle parking for 4 no. cycles, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The extension shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

 

Reason:  To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

 

8.0  INFORMATIVES:

 

Contact details:

Case Officer:     Leon Warsama

Tel No:                01904 552970