URGENT BUSINESS

 

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE

TUESDAY 1 JUNE 2004

 

TCP/25625/A   P/00104/04 

Demolition of garage & conservatory;  replacement conservatory;  2 storey side extension to form replacement garage with 2 bedrooms over;  2 storey rear extension to provide additional living accommodation, (revised scheme).  36 Coronation Avenue, Cowes, Isle Of Wight, PO318PN

 

Officer:           A Pegram

Tel No: (01983) 823566

 

 

This application was considered at the meeting of the Development Control Committee held on 11 May 2004 when Members resolved to defer the matter for negotiations to see if the impact on the neighbouring property could be reduced.  Following the meeting discussions were held on site with the applicants who have subsequently submitted a letter to the Authority requesting that the matter is referred back to the Committee for consideration as submitted.  In this letter, the applicants indicate that they would be prepared to provide screening along the boundary between their property and No. 34 Coronation Avenue by reinforcing the existing trees and shrubs in this area.  In addition, should Members feel it necessary, applicants have indicated that they would be happy for Members of the Committee to visit their property if they feel this will assist in their consideration of the proposal.

 

REASON FOR COMMITTEE CONSIDERATION

 

Report requested by local Member, Cllr R G Mazillius, as he is not prepared to agree to the application being dealt with under the delegated procedure as he considers that extension would have an unreasonably adverse impact detracting from the amenity and enjoyment of the neighbouring property.

 

PERFORMANCE INFORMATION

 

This is a minor application, the processing of which has taken 10 weeks and 4 days to the date of the Committee meeting.  The application has gone beyond the prescribed 8 week period for determination of planning application due to the request by local Member for consideration by Committee. 

 

LOCATION SITE CHARACTERISTICS

 

Coronation Avenue is located off Newport Road, Northwood close to the junction with Nodes Road.  The application site is situated on the north side of the Avenue to the lower half of the road.  The site consists of a two storey detached property with a large domestic garden to the rear stretching approximately 55 metres in length.  The dwelling to the west of the property is a bungalow, while other properties on the same side of the road are two storey.  To the east of the site are two new houses within an infill plot, the second of these new houses is in close proximity to its boundary with a bungalow neighbouring the site.  Land to the rear of the application site consists of open countryside. 

 

RELEVANT HISTORY

 

TCP/25625 - an application was refused in September 2003 for a two storey side and rear extension to form replacement garage and provision for additional living accommodation.  The reason for refusal was two-fold.  Firstly, the proposed two storey side extension was thought by reason of its size and proximity to the boundary to have an overbearing effect on the occupants of the adjoining bungalow as well as appearing cramped in the street scene.  In consequence, this would have been contrary to policies D1 Standards of Design and H7 Extensions and Alterations to Existing Properties of the Isle of Wight Unitary Development Plan.   Secondly, the application was seen as deficient in detail to demonstrate that the proposed first floor accommodation would satisfy a short-term need and subsequently capable of being incorporated into the main house as additional living accommodation.  It was seen that the application would be tantamount to the creation of a separate dwelling which would be unacceptable.  Once again development would be contrary to policy D1 Standards of Design and H7 Extension and Alterations to Existing Properties of the Isle of Wight Unitary Development Plan.

 

DETAILS OF APPLICATION

 

Consent is sought for the demolition of the garage and conservatory with replacement conservatory and development of a two storey side extension to form replacement garage with two bedrooms over and a two storey rear extension to provide additional living accommodation.  This is a revised scheme in which the applicant has sought to overcome the initial reasons for refusal of a previous application on the site.  The extension has been moved one metre off the side boundary, with the additional living accommodation incorporated into the main house not forming annexed accommodation. 

 

DEVELOPMENT PLAN/POLICY

 

Relevant policies of the Unitary Development Plan are considered to be as follows:

 

S6 - Development will be expected to be of a high standard of design

G4 - General Locational Criteria for Development

D1 - Standards of Design

H7 - Extensions and Alterations to Existing Properties

 

CONSULTEE RESPONSES

 

None.

 

PARISH/TOWN COUNCIL COMMENTS

 

Not applicable.

 

THIRD PARTY REPRESENTATIONS

 

One letter received objecting on grounds which can be summarised as follows:

 

Not significantly different from original application.

Loss of secondary light and air to lounge/diner.

Overbearing/overshadowing.

Cramped in street scene.

Loss of several trees and hedges on the boundary of application site would provide a more pleasurable outlook, resulting in featureless solid brick wall.

 

One letter received supporting the application and confirming no objection.

 

CRIME & DISORDER IMPLICATIONS

 

No crime and disorder implications are anticipated. 

 

EVALUATION

 

Determining factors in considering the application are whether or not the extension has been moved significantly off the side boundary of the site or would still be an intrusive addition having an overbearing impact on the occupants of the adjoining bungalow and adding to a cramped appearance within the street scene.

 

The proposal follows the refusal of a previous application for a similar development on the grounds of the proximity of the two storey extension to the boundary with the neighbouring bungalow and insufficient information in respect of the additional annex accommodation and its capability of being incorporated into the main house and not sub-leased.  These issues have been overcome in this re-submission with detailed floor plans and the omission of a second kitchen/diner and staircase incorporating the extension into the scheme and solely providing additional living accommodation and not annexed.  The extension has been moved a metre off the boundary with the neighbouring bungalow in order to reduce any dominance of the two storey element.

 

Objections have been raised by the residents of the neighbouring bungalow in regards to the over-dominance of the extension and over-development of the site.  The extension would be facing two side windows of the bungalow and the objector has raised concerns over the loss of natural light to these windows from the extension.  However, these are secondary windows with adequate light provided from the principal window.  In respect to the over-development of the site, the garden stretches a distance of approximately 55 metres and as such the site is seen as an adequate size for the scale of the development.

 

Additional concerns were raised over the featureless solid brick wall, which would as a result of the application face the west elevation of the neighbouring bungalow.  The design of this elevation is such in order not to create any overlooking issues to the windows in the side elevation of the bungalow. 

 

The proposed development must be examined in relation to the street scene and other developments in Coronation Avenue, in order to determine whether the extension appears cramped within the street scene and overbearing.  The development of two detached properties was approved in October 2002, this development follows the relatively close-knit development in the area with the second of the houses being in very close proximity to the bungalow on the neighbouring plot.  This relationship between dwellings is closer than that of the application site. Reference has been made by third parties to the significant effect of the new dwellings on light levels within the adjacent bungalow.  In this respect, it should be noted that the distance between the buildings is approximately 2 metres.  In contrast, a greater distance would be maintained between the applicant’s property and the neighbouring bungalow.  In this respect, a distance of 1 metre would be maintained between the side wall of the extension and the boundary of the application site, beyond which is the driveway to the neighbouring property.  Therefore, I remain of the opinion that refusal of the application on grounds of loss of light to the neighbouring property would not be sustainable.  Furthermore, I am satisfied that the visual impact of the extension can be softened with further planting along the boundary, which can be addressed by a condition of the planning permission.  The design of the extension sits comfortably within the street scene because it sits back from the front of the property to minimise any potential visual impact.  

 

The removal of the existing conservatory and its replacement with a larger structure would not have a detrimental impact on the surrounding properties with sufficient natural growth to boundaries obscuring any overlooking and the length of the garden being adequate to accommodate the additional depth.

 

I am of the opinion that the reasons for refusal of the original application for this site have been overcome and, as such, the extension is an acceptable addition to the property.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed.  Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim of the Isle of Wight Unitary Development Plan and in the public interest.

 

JUSTIFICATION

 

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the extension has overcome the original reasons for refusal and represents an acceptable form of development and as such would comply with Policy S6 (Development will be expected to be of a high standard of design), D1 (Standards of Design) and H7 (Extensions and Alterations to Existing Properties) of the Unitary Development Plan.

 

            RECOMMENDATION - APPROVAL

 

Conditions/Reasons:

 

1

Time limit - full   -   A10

 

2

Matching materials   -   S01

 

3

Construction of the buildings hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority.  Thereafter only such approved materials and finishes shall be used in carrying out the development.

 

Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

 

4

Withdrawn PD right for windows/dormers   -   R03

 

5

Prior to work commencing on site, details of landscaping on the boundary alongside the extension, including the species to be planted, shall be submitted to and approved by the Local Planning Authority.  Such landscaping shall be carried out prior to the extension hereby approved being brought into use or such other timescale as may be agreed in writing with the Local Planning Authority and shall be retained and maintained thereafter in accordance with the approved details.

 

Reason:  In the interests of the amenities of the area in general and the neighbouring residential property in particular, and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.