Agenda item

Recommended for Refusal

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1170/FP, planning permission be refused for the reasons now detailed.

Councillor M Alexander referred to paragraph 7.2 of the report now submitted.  He stressed that Officers had been of the view that an internally accessed basement would be acceptable in this Green Belt location.  He referred to the subsequent concerns of Officers in relation to the visual impact of the access being via a sunken patio.

Councillor Alexander questioned whether the proposed development would be visible from White Stubbs Bungalow.  He stated that the development would not be visually intrusive and should be approved.

The Director advised that Officers had felt that the impact of the extensive excavations made for a greater visual impact on the Green Belt.  Normally Officers were supportive of hidden basements without windows but in this case felt the impact was unacceptable in this location.

Councillor M Alexander proposed and Councillor B Wrangles seconded a motion that application 3/11/1170/FP be granted on the grounds that the application would not result in harm to the openness of the Green Belt and would not harm the character and appearance of the surrounding rural area.

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 that application 3/10/1170/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/11/1170/FP, planning permission be granted subject to the following conditions:

1.            The development to which this permission relates shall be begun within a period of three years commencing on the date of this notice.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2.            The development hereby approved shall be carried out in accordance with the following approved plans 11-1067-101 D, 11-1067-102, 11-1067-103, 11-1067-104, 11-1067-105, 11-1067-106 A.

Reason: To ensure the development is carried out in accordance with the approved plans, drawings and specifications.

3.            No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

Reason:To secure the protection of and proper provision for any archaeological remains in accordance with policies BH2 and BH3 of the East Herts Local Plan Second Review April 2007.

4.            No works or development shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate: (a) Means of enclosure (b) Car parking layouts (c) Hard surfacing materials (d) Planting plans (e) Written specifications (including cultivation and other operations associated with plant and grass establishment) (f) Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate.

Reason: To ensure the provision of amenity afforded by appropriate landscape design, in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

5.            All hard and soft landscape works shall be carried out in accordance with the approved details and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised Codes of Good Practice. The works shall be carried out prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policy ENV2 of the East Herts Local Plan Second Review April 2007.

6.            Within 3 months of first occupation of the new dwelling hereby approved, the existing dwelling shall be demolished and all rubble and debris removed from the site. The land shall be re-landscaped in accordance with details pursuant to Conditions 4 and 5 of this permission.

Reason: The construction of a new dwelling would otherwise be inappropriate development in the Green Belt.

7.            Prior to first occupation of the dwelling hereby permitted, the modified vehicular access shall be constructed to the specification of the Highway Authority and surfaced in bituminous or other similar durable material as may be approved in writing by the Local Planning Authority for a distance of at least 6m into the site measured from the carriageway edge, and arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

Reason: To ensure that the access is satisfactorily constructed in the interests of highway safety and convenience.

8.            Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order,1995, the enlargement, improvement or other alteration of any dwellinghouse as described in Schedule 2, Part 1, Class A of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.

Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with policy ENV9 of the East Herts Local Plan Second Review April 2007.

9.            Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development Order), 1995 the provision within the curtilage of the dwelling of any building, enclosure or swimming pool as described in Schedule 2, Part 1, Class E of the Order shall not be undertaken without the prior written permission of the Local Planning Authority.

Reason: To ensure the Local Planning Authority retains control over any future development as specified in the condition in the interests of amenity and in accordance with policy ENV9 of the East Herts Local Plan Second Review April 2007.

10.      The residential curtilage of the dwelling hereby approved shall be restricted to the area edged in red on drawing 11-1067-101 D.

Reason: For the avoidance of doubt and to ensure that the residential curtilage does not encroach into the Green Belt.