Agenda item

That planning permission be refused as the proposal would result in overlooking, have an overbearing impact on existing properties at Field Farm and Aberllanerch Drive and was contrary to space around dwellings guidance and policies GEN1, D1 and D2 of the UDP.

            The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

            The officer detailed the background to the report and explained that the application was partly retrospective and was a resubmission of an application which was reported in June 2014.  Since that application, the applicant had submitted an appeal against refusal and a hearing was due to be held in November 2014.  He drew attention to the late observations where comments from the applicant were reported which included the proposal to reduce the depth of the 1.5 metre raised area, which officers deemed to be acceptable, to 0.9 metres. 

            Mrs. L. Biffin spoke against the application and said that she believed that local planning guidance had not been adhered to and she referred to the proposed fence which would allow overlooking into her property.  The slope of the garden would encourage the use of the raised platform area for sitting out by the residents of plot 56 and Mrs. Biffin felt that noise generated from the area would be heard from the bedroom in her property.  She indicated that she had submitted a complaint about the application which included its non- compliance with separation distance criteria.  The price of the property had recently been reduced and Mrs. Biffin highlighted paragraph 7.08 where it was reported that the dwelling was sited in the correct position relative to the site boundaries of the estate development; she did not feel that plot 56 was in the correct place. 

            Mr. N. Mellan spoke in support of the application and said that the original application had been refused due to the impact on the neighbours.  Illustrations provided to the meeting showed that no significant harm would be caused by the proposal and the applicants had offered to accept a condition to reduce the raised area to 0.9m.  The proposal would create a better outcome in terms of visual amenity and practicality and would address the issues raised previously.  The raised area would be heavily screened to protect the occupiers of this property and Field Farm and the area would not be used as a sitting out area due to its size.  New hedging was also being offered along the footpath.  Mr. Mellan said that the raised area would allow the occupiers of the property to access the garden area safely. 

            The Local Member, Councillor Carol Ellis, proposed refusal, against officer recommendation, which was duly seconded.  She said that the application was the same as that submitted in June and the proposed development would result in overlooking and have an overbearing impact on Field Farm and Aberllanerch Drive.  The application was contrary to space around dwellings note 2 and policies GEN1, D1 and D2 of the Unitary Development Plan.  She highlighted point one raised in the late observations by the applicants, which she disagreed with, as a path around the property had been included in the original proposal which would have allowed access to the garden.  Councillor Ellis felt that this application should also be refused and said that work had still been ongoing on the plot, even though planning permission was not in place. 

            Councillor Mike Peers drew attention to paragraph 1.03 but said that there had been no change in this resubmitted application.  He asked how a condition that the raised area would not be used as a sitting out area could be enforced.  Councillor Richard Jones referred to paragraph 7.08 where it was reported that the property was 1.8 metres closer to Field Farm. 

In response to the comment by Councillor Jones, the Development Manager said that the property was closer to Field Farm than had been envisaged but the proposal before the Committee only referred to construction of earthworks and retaining structures to allow occupiers to access their garden.  The applicant had offered to reduce the depth of the raised area to 0.9 metres but officers believed that 1.5 metres was acceptable. 

In response to the comments made, the officer said that there was a need to identify a solution to allow occupiers to access their garden and it was the view of officers that the proposal was acceptable. 

In summing up, Councillor Ellis said that the application went against policy, and should be refused on the grounds that the application would result in overlooking, have an overbearing impact on existing properties at Field Farm and Aberllanerch Drive and was contrary to space around dwellings guidance and policies GEN1, D1 and D2 of the UDP. 

            RESOLVED:

That planning permission be refused as the proposal would result in overlooking, have an overbearing impact on existing properties at Field Farm and Aberllanerch Drive and was contrary to space around dwellings guidance and policies GEN1, D1 and D2 of the UDP.