Agenda item

Variation of condition 3 of planning permission 13/01960/OUT to increase the size on plan of the proposed dwelling and garage and relocate the proposed garage. [Osabaldwick and Derwent Ward] [Site Visit]

Members considered an outline application from Anna Craven for the variation of condition 3 of planning permission 13/01960/OUT to increase the size on plan of the proposed dwelling and garage and relocate the proposed garage.

Officers advised that at the committee site visit the previous day residents had sought clarification of certain aspects of the planning application. They provided the following responses to the queries which had raised. 

·        The location plan submitted with the application did not include the wooded area at the bottom (eastern end) of the garden.  A corrected plan was submitted on 26 November.

·        The application was for the erection of a single dwelling no higher than 4.5m above existing ground level. 

·        The reason the site plan for approval referred to finished floor levels which were below the existing ground level of the site was a drafting error by the applicant – all references to floor levels should have been removed.  A revised plan (ref. 04 Rev.E) was submitted following the committee site visit.  Officers recommend that condition 3 in the committee report be amended to replace 04 Rev.D with 04 Rev.E.

·        This planning application was to vary condition 3 of a previous planning permission.  A floor level condition was not attached to that consent so it would be unreasonable to add such a condition to the current application. 

·        With regard to the landscape proposals along the boundary with No.23, the applicant was confident in the accuracy of their topographical survey and that the dimensions noted in the original approval could be achieved.

·        The garage (as amended during the progress of this application) was no larger than the garage that was approved in 2013.

Councillor Brooks addressed the committee as Ward Councillor for Osbaldwick and Derwent Ward. She expressed the following concerns:

·        An increase in development would have a negative impact on the area

·        Development on this site had been refused in the past or turned down at appeal.

·        The increased size of the proposed property and not knowing exactly what they outline permission was for.

Mr Preece spoke on behalf of neighbouring private householders. He made the following points:

·        The changes were unnecessary taking into account that it had taken several years to achieve the permission granted in 2014.

·        The 18 sq ft increase could have a negative impact on the environment  - the floor plan now appeared to be the same as the two storey original proposals which had been submitted previously  and subsequently withdrawn.

·        The occupier’s car headlights would impact on the residents of no 23 Garden Flats Lane as their car swung round in the drive.

Representations were then heard from Mr Mark Newby , the agent, in support of the application. He stated that:

·        the applicant was not seeking to increase the height of the property nor to realign the access through the site, but  instead  to increase the size of the property to provide for a growing family and relocate the garage further away from the boundary with no 23.

·        As  approved, the garage would be visible from the highway but the amended location would improve the impact on the area.

·        The proposals were in keeping with the character of the area and would have a minimal impact on neighbouring properties and complied with NPPG and the Local Plan.

Councillor Stuart Kay, Chairman of Dunnington Parish Council addressed  the committee in objection to the application. He raised the following concerns:

·        He did not feel that the amendment was reasonable and didn’t accept that an increase in size of 13% should be considered as a minor change.

·        The plans had only been available to consider a week previously and had been submitted with one wrong plan – this did not allow enough time for proper consideration.

·        The proposals would have an effect on the infrastructure of the village

·        lorries parked on the grass verge at the entrance to the site destroyed the verges – a condition should be included to control traffic movements if approved.

Councillor Warters, Ward Councillor for Osbaldwick and Derwent,  circulated some photographs and expressed the following views.

·        The original approval was wrong as it undermined Dunnington Village Design Statement. This application to increase the size of approved dwelling by a further 13 % was incremental creep.

·        Neighbours faced disturbance from contractors vehicles parked on verges and footpaths at the curtilage of the site (shown on the photographs), and from deliveries to site. Condition 11 did not do enough to protect the immediate area. 

·        Needed to ensure that the construction process was carried out in a sensible and considerate manner. Condition 7 should be strengthened. Vehicular access, retaining wall, and landscape boundaries should be constructed to at least base course prior to excavation works in the rear garden and contractors parking and material storage areas within the application site or host property curtilage needed to be identified.

Officers advised  that a condition requiring a construction management plan would not normally be attached for an application for one house.

While Members noted the concerns raised regarding site traffic, they felt that the proposed increase in size on plan of the proposed dwelling and relocation of the proposed garage would not be detrimental to the character of the area and the amenity of neighbouring properties and expressed their support for the officers recommendation to approve the variation of condition 3 of the planning permission 13/01960/OUT.

Resolved:  That the application be approved subject to the conditions listed in the report and the amendment to condition 3 to refer to revised plan.

Amended Condition 3

The development hereby permitted shall be carried out only in accordance with the proposed site plan numbered CRA-404-001 04 Rev.E received by the local planning authority on 2 December 2015 and the un-numbered site datum plan received by the local planning authority on 10 June 2015.

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the local planning authority.

NOTE: The applicant is advised that for the purposes of this planning permission the building forms of the approved dwelling and garage shown on the approved site plan represent their extremities, excluding any guttering.

Reason:     The proposal would not be detrimental to the character of the area and the amenity of neighbouring properties. The application accords with the National Planning Policy Framework and policy GP1 of the 2005 local plan.