Agenda item

Recommended for Approval.

Mr Richard Cave addressed the Committee in opposition to the application.  Mr Ian Abrams spoke for the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/0152/FP, planning permission be granted subject to the conditions detailed in the report now submitted.

Councillor G Jones commented on whether the new National Planning Policy Framework (NPPF) had resulted in a shift in approach in respect of sustainability.  He believed that the NPPF stated that applications that failed to improve the quality and character of an area should not be approved.

The Director advised that introductory text to policy HSG7 of the East Herts Local Plan Second Review April 2007, stated that properties that were capable of economic repair should be retained in the interests of sustainability.  However, these words do not appear in the policy.  Members were advised that the new NPPF indicated that sustainable development should be approved.

The Director advised that Officers had been of the view that this application was not of a poor design and the policies in the East Herts Local Plan Second Review April 2007 were, in principle, supportive of such development.

Councillor T Page expressed concerns relating to the recommendation for refusal from the Landscape Officer.  In particular, he was concerned in respect of the impact of the stand alone garage and the overall negative impact of the proposed development on the street scene.

Councillor M Newman commented that he viewed this application as very much a like for like replacement of the existing dwelling.  He stated however, that any new house should be built to the very latest standards in respect of environmental insulation and water usage.

Councillor Mrs R Cheswright raised concerns relating to loss of light and overlooking from a property that was going to be 3 stories high.  The Director stated that Officers felt that the use of obscure glazing, the distance between the proposed dwelling and adjacent properties and also the location of trees meant that the impact of the application was judged by Officers to be acceptable.

In response to further concerns from Councillor Mrs R Cheswright relating to the garage roof height and also the pitch of the garage roof, the Director advised that the garage was proposed as a ground floor space and Officers could add conditions relating to the implementation of further north facing windows.  Members were further advised that any windows in the garage would be likely to require planning permission if they were of a dormer style.

In response to further comments from Councillor G Jones, the Director stated that condition 9 could be amended so that there were no further windows in the north facing flank elevation of the dwelling and also the north facing roof slope of the garage.

The Director stated that a condition regarding the land ownership of the site or subdivision of the plot would be unreasonable and would not satisfy the standard tests applied to conditions.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted, subject to the amended condition relating to the north facing flank elevation of the dwelling and also the north facing roof slope of the garage.

RESOLVED – that in respect of application 3/12/0152/FP, planning permission be granted subject to the following amended conditions:

1.    Three Year Time Limit (1T12)

2.    Approved plans (2E10) 7360-1; 7630-2; 7360-3; 58110.01 Rev A; 58110.02 Rev A; 58110.03 Rev A; 58110.04 Rev A

3.    Samples of materials (2E12)

4.    Tree retention and protection (4P05)

5.    Tree/natural feature protection: fencing (4P07)

6.    Tree protection: excavations (4P09)

7.    Landscape design proposals (4P12)

8.    Landscape works implementation (4P13)

9.            No further windows (2E17) insert ‘north facing flank elevation of the dwelling and the north facing roof slope of the garage’

10.      Obscure glazing (insert: to the first floor windows to the northeast elevation) (2E18)

Directive:

01OL – Other legislation

Summary of Reasons for Decision

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007 and in particular policies SD2, HSG7, ENV1, ENV2, ENV11 and TR7) and the National Planning Policy Framework.  The balance of the considerations having regard to those policies is that permission should be granted.