report of the head of planning services

REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 5 NOVEMBER 2004

TCP/26494 P/01647/04 Parish/Name: Godshill

Registration Date: 03/08/2004 - Full Planning Permission

Officer: Miss. L. Frood Tel: (01983) 823595

Demolition of conservatory; alterations & single/2 storey extension to provide additional living accommodation

56 School Crescent, Godshill, Ventnor, Isle Of Wight, PO383JL

REASON FOR COMMITTEE CONSIDERATION

The Local member, Councilor David Yates has requested the application go to the Development Control Committee, for the following reason:

‘The decision to recommend this application (the only one of many others that is supported by the Parish Council) for refusal is inconsistent with previous decisions and justifies a more in depth examination’.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken 14 weeks to the date of the committee meeting and subsequent site inspection. The application has exceeded the prescribed 8 week period due to the need for committee consideration.

LOCATION AND SITE CHARACTERISTICS

Application relates to a semi detached property in a built up area, located within the development envelope of Godshill. On the eastern side of School Crescent, number 56 is one of a group of properties in a circular formation whose amenity areas back on to each other. The property is sited within a long narrow plot with 1.7m (approx) panel fencing on each boundary.

RELEVANT HISTORY

None

DETAILS OF THE APPLICATION

Consent is sought to demolish the existing conservatory on the rear elevation to be replaced with alterations, single/ two storey extension with a projection in total of 6.3m off the existing rear elevation. The two storey element of this extension proposes a 3.4m depth. and 5.8m width setting the east and west elevations in close proximity to the site boundaries. The single storey element projects at 2.9m, with an inset off the western elevation reducing width to 5.2m. Accommodation to be provided is family/dining room, and extended bedroom with ensuite. The proposal is designed with matching materials and a lower ridge than the existing dwelling.

DEVELOPMENT PLAN/POLICY

The site is located within the Development Envelope of Godshill

Relevant policies of the Unitary Development Plan are:

S6 All development expected to be of a high standard of design

G4 General Locational Criteria for Development

D1 Standards of Design

H7 Extension and Alteration of Existing Properties, Supplementary Planning Guidance- Isle of Wight Council - Extending Your Home

CONSULTEE RESPONSES

National Air Traffic Services raise no safeguarding objection to the proposal

PARISH/TOWN COUNCIL COMMENTS

Godshill Parish Council recommends approval of this proposal as it is felt the proposals are not detrimental to the surrounding area.

THIRD PARTY REPRESENTATIONS

There are seven letters of objection and comment that can be summarized as follows;

· Extension directly invades the privacy, and safety of adjacent properties.

· Loss of sunlight, overlooking and impact on amenities

· Property has no access to its rear from the front therefore all contractors, builders and tradesmen would have to access the property using a small footpath to the rear of the property, raising concerns of; damage to boundary fences, safety of children, blocking access to other properties, health and safety issues.

· Scale of proposal inappropriate in relation to existing dwelling, creating a boxed in feeling.

· Extension not in keeping with properties in the surrounding area.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

The main considerations for the proposal are the design and scale of the extension in relation to the existing dwelling, the impact on the adjoining semi and other surrounding properties and general amenity of the area.

The proposal presents a substantial addition to the existing dwelling, nearly doubling the footprint. It is acknowledged that half the increased footprint would only be at single storey, however in consideration of the overall scale and massing the proposal is viewed to be contrary to S6, Policy G4 and Policy D1 as the extension is not of appropriate scale, or of a mass compatible with the existing or surrounding buildings.

The projection of the two storey extension would present an overbearing and unacceptable mass in very close proximity to the shared boundary creating a loss of outlook to the adjoining semi, and causing an unacceptable loss of light due to the orientation of the property resulting in a proposal contrary to Policy H7 as it is considered not to be of appropriate scale to the property presenting an excessive detrimental impact on the neighbouring property. The extension is also contrary to the advice contained within the adopted Supplementary Planning Guidance 'Extending Your Home' particularly in consideration of loss of daylight and aspect to neighbouring properties.

With regard party concern relating to land ownership, Certificate of ownership has been submitted with the application.

Negotiations to overcome the above concerns were entered into with the applicant and agent with the option to submit revised plans for consideration. The applicant has requested that the application be determined in its current form.

In summary, there have been seven letters of objection on this application with one of support form the Parish Council considered. The letter of support does not outweigh the policy considerations referred to above.

HUMAN RIGHTS

In coming to this recommendation to refuse 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 the applicant to develop the land in the manner proposed, it is considered that the recommendation to refuse is proportional to the legitimate aim of the Council’s Unitary Development Plan in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations, I consider the proposal would be an intrusive and unneighbourly addition, out of scale in relation to the existing and surrounding dwellings and presents a detrimental impact on the adjoining semi detached property and general amenities of the area. The proposal is therefore contrary to Policy.

RECOMMENDATION – REFUSAL

Conditions/Reasons:

The proposed rear extension, by reason of overall scale, mass and position close to the boundaries, would be intrusive and an unneighbourly addition, out of scale and character with this and surrounding dwellings, as well as having a serious and adverse effect on the amenities enjoyed by occupants of the neighbouring properties causing loss of outlook, having an overbearing impact and would be contrary to Policies S6 (Be of A High Standard of Design), G4 (General Locational Criteria for Development) D1 (Standards of Design), and Policy H7 (Extension and alteration of Existing Properties) of the Isle of Wight Unitary Development Plan and advice contained within the Adopted Supplementary Planning Guidance 'Extending Your Home.'

2.	TCP/26462 P/01535/04 Parish/Name: Brading Registration Date: 19/07/2004 - Full Planning Permission Officer: Miss. P. Smith Tel: (01983) 823570 Bungalow; land adjacent 14, Queens Drive, Brading, Sandown, PO36

REASON FOR COMMITTEE CONSIDERATION

Report requested by local member Councillor Joyce, due to the level of opposition expressed by local residents and the parish council, and raises concerns that the proposal is out of keeping with the surrounding environment.

PROCESSING INFORMATION

This is a minor application, the processing of which will have taken 16 weeks to the date of the committee meeting and subsequent site inspection. The application has beyond the prescribed 8 week period for the determination of planning applications due to an outstanding consultation and the need for committee consideration.

LOCATION AND SITE CHARACTERISTICS

Proposal is set within a cul-de-sac comprising 1960s style detached and semi detached bungalows. The site is located at the western end of Queens Drive, and occupies the side and part-rear amenity space of a detached bungalow, No.14. A 1.5metre+ wooden larch lap fence marks the rear North West boundary with No.4 Kyngs Close. A tall mixed vegetation hedge runs the length of the South Western boundary, screening the site from Doctors Lane and the adjoining agricultural land.

RELEVANT HISTORY

None.

DETAILS OF APPLICATION

Consent is sought for the construction of a detached bungalow. The design incorporates a parking area and shared access with number 14. The main front elevation is set back approximately 1.8 metres from the front elevation of number 14, and approximately 1.8 metres beyond the rear elevation of number 14. There is approximately 1.2 metres between the two properties. The proposed building is shown to be constructed of artificial stone walls under a concrete interlocking tiled roof.

DEVELOPMENT PLAN/POLICY

The site is located within the development envelope for Brading as defined within the unitary development plan. Relevant policies of the plan are considered as follows:

S1- New development concentrated within existing areas

S6- High standard of design

S7- Provision of housing units on the Isle of Wight

G1- Development envelope for towns and villages

G4- General locational criteria for development

D1- Standards of design

D2- Standard for development within the site

H4- Unallocated residential development to be restricted to defined settlement

TR7- Highway considerations for new development

CONSULTEE RESPONSES

Highway engineer recommends conditions should applications be approved.

Southern Water has confirmed they have no knowledge of problems with the public sewers in this area.

PARISH/TOWN COUNCIL COMMENTS

The Parish Council registers its objections to this application on the following grounds:

· The proposed development is out of scale, size and design with adjacent properties and will lead to a cramped appearance which will be detrimental to the visual amenity of the Kyngs Town Estate.

· The proposed development will generate an increase in vehicular movement in a small cul-de-sac which is inappropriate and a hazard to other vehicles and pedestrians.

THIRD PARTY REPRESENTATIONS

The application has attracted 13 letters of objection. The points raised are summarised as follows:

· Overdevelopment of the site

· Increased parking problems, and obstruction of the turning area

· Increased traffic

· Loss of privacy and overlooking to adjacent properties

· Loss of hedgerow

· Proposal is out of keeping with the area and adversely impacts on the rural surroundings

· Insufficient drainage capacity

CRIME AND DISORDER IMPLICATIONS

Relevant officer has been given opportunity to comment however no crime and disorder implications are anticipated.

EVALUATION

Determining factors in considering this application are whether development on this site is acceptable in relation to the surrounding area, taking into account the impact upon the neighbouring property and impact upon the aesthetics of the surrounding area.

Site is located within the development boundary, and therefore is considered acceptable in principle as set out in Policies G1 and H4.

With regards to concerns that the proposal represents over development of the site, on balance it is considered that the proposal meets the criterion set out in Policies G4 and D1. Whilst the plot is narrow, there is no development immediately to the west of the site, and appropriate spacing is accommodated between the proposal and the existing neighbouring buildings, fulfilling criterion g of Policy D1. The facing window on the western elevation of No 14 serves as a secondary window to the living/lounge area, and with this regard no concerns regarding adverse impact upon the light levels serving the existing room are raised. There will be no overlooking towards the existing property. Both these points are in accordance with criterion set out in Policy D1.

In considering the impact of the proposal upon the general amenity of the area it is concluded that whilst it presents a smaller plot width and building in comparison to surrounding properties is noted, reference should be made to the positioning of the proposed, both at the far end of the road and that it is partially obscured by the existing property. To this effect therefore, I am satisfied that the proposal does not occupy a visually prominent site and therefore a variation in design and plot shape will not significantly impact upon the street scene and the general amenity of the cul-de-sac. Policy G4 states that proposals should harmonise with their surroundings, be sympathetic in character and materials and not intrude into prominent views across any town or village, on balance therefore this proposal meets these aspects.

Proposal is considered to address the summary points set out in the IOW Council SPG for Residential Infill.

The potential for further infill development in this area should be assessed on individual site characteristics, however it is considered that similar sites within the locality do not present satisfactory sites that are able to meet the criterion set out in the IOW Council Unitary Development Policies and SPG for Residential Infill.

Issues relating to parking are overcome by the provision of off street parking, and therefore pose no concern with regard to highway safety, as set out in Policy H7 particularly given the nature of the highway involved.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in article 8 (Rights to Privacy) and article 1 of the 1^st Protocol (Rights to peoples enjoyment of possessions) of the European Convention on Human Rights. The impact this development might have on the owners/occupiers of other properties 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 Council’s unitary development plan and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposal to develop a detached bungalow would make an efficient use of the site without having excessive or unacceptable impact on the environment or neighbouring properties and would not detract from the visual amenities and character of the locality. In view of the above I am satisfied that the proposal does not conflict with policies of the IW Unitary Development Plan.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10

No development shall take place until details of the materials and finishes, to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building hereby permitted (is) occupied. The development shall be carried out in accordance with the approved details.

Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

4	Hedgerow Protection - M50

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed.

Reason: In the interests of the privacy of the adjoining property and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission].

Reason: In the interests of the amenities enjoyed by the future occupants and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

The car parking and turning area shown on the plan attached to and forming part of this decision notice shall be retained hereafter for the use by occupiers and visitors to development hereby approved.

Reason: In the interest of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services