Agenda item

3/13/0714/FP – Recommended for Approval.

Parish Councillor Peter Boylan addressed the Committee against the application.  David Kirby spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/13/0714/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

The Director referred to the impact of the application on the conservation area of Braughing.  Members were advised that the village church remained the dominant feature in Braughing and this application would do very little to change that.

The Chairman, as the local ward Member, stated that she was glad Braughing Parish Council and the Braughing Society were of the same mind regarding this application.  She expressed sympathy with their views as well as the concerns of local residents.

The Chairman stated that she was pleased there would be obscured glazing for the bathroom windows although she had sympathy with residents concerned about overlooking from the rear of the proposed detached dwelling.

Councillor M Newman concurred with the Officer’s view that there would be very little visual impact resulting from this application.  Councillor S Bull acknowledged that this was a sensitive area and a local beauty spot.  He stated however that, having heard the comments of the supporting speaker for the applicant, he concurred with the Officer’s recommendation.

Councillor N Symonds stated that this site was set in the historical heart of Braughing.  She commented that this application set a dangerous precedent for back land development in a very historic area which was in close proximity to a beautiful grade 1 listed church and the Old Boys School.

The Director acknowledged that there would be a degree of overlooking for neighbouring residents.  He stated however that the view of, and from, the church would change very little and the church would be largely unaffected by this application. 

The Director stressed that Officers were of the view that the balcony referred to by the Chairman would not cause overlooking of the property referred to as Ashridge.  The Balcony was modest in nature so Officers were of the view that its impact would be minimal.

The Director reminded the Committee to consider this application on its planning merits in line with established planning policy and to approach the issue of the setting of a precedent with caution.

Councillor M Alexander stated that he respected the view of the Landscape Officer in the recommendation made at paragraph 3.2 of the report now submitted.  The Officer had raised a variety of concerns and had stated that the application should be refused.

The Director stated that Officers had carefully considered the views of the Landscape Officer in that this was an unusual site with no direct road frontage.  In the view of the Landscape Officer, a property with a traditional road frontage would be more suitable.

The Director advised that smaller trees and shrub planting would have to be removed as part of this application.  The larger trees were well set back to the east so would not be affected.  The Chairman stated that the highways comments at paragraph 3.5 of the report now submitted were incorrect in that there had been a number of accidents each year for the past 5 years.

Councillor Mrs R Cheswright proposed and Councillor M Alexander seconded, a motion that application 3/13/0741/FP be refused on the grounds that the proposed development would represent a form of development which was unduly prominent and would have an adverse visual impact on the Braughing Conservation Area.  The application was therefore contrary to policies ENV1, HSG7, OSV1 and BH6 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.  The proposed balcony would also result in an unacceptable degree of overlooking and loss of prvacy to the occupiers of the neighbouring property, Magdalens.  It would therefore also be contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee rejected the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/13/0714/FP, planning permission be refused for the following reasons:

1.           The proposed development by virtue of its siting, scale and design, would represent a form of development which is unduly prominent, has an adverse visual impact and fails to compliment the true character and appearance of the surrounding area and the Braughing Conservation Area.  It would thereby be contrary to policies ENV1, HSG7, OSV1 and BH6 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.

2.           The proposed balcony would result in an unacceptable degree of overlooking and loss of prvacy to the occupiers of the neighbouring property, Magdalens.  It would thereby be contrary to policy ENV1 of the East Herts Local Plan Second Review April 2007 and the National Planning Policy Framework.

Summary of Reasons for Decision

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2012 (as amended), East Herts Council has considered, in a positive and proactive manner, whether the planning objections to this proposal could be satisfactorily resolved within the statutory period for determining the application.  However, for the reasons now detailed, the proposal has not achieved an acceptable and sustainable development in accordance with the Development Plan and the National Planning Policy Framework.