PLANNING COMMITTEE 15 September 2015

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2 AGENDA ITEM NO 12 PLANNING COMMITTEE 15 September 2015 APPLICATION NUMBER : CA//15/01402/FUL PROPOSAL : Single-storey conservatory to rear. LOCATION OF SITE : 5 Mill Lane, Herne, CT6 7ED APPLICATION TYPE : FULL APPLICATION DATE REGISTERED : 24 June 2015 GOVERNMENT PERFORMANCE TARGET DATE : 19 August 2015 CONTACT OFFICER : Brendan Boyle CONSERVATION AREA : NO LISTED BUILDING : NOT LISTED WARD : Herne and Broomfield APPLICANT : Mrs Catherine Austin AGENT : Mrs Austin SUMMARY: The application seeks Full Planning Permission for the erection of a single storey conservatory to the rear elevation of a two storey dwelling. The application is reported to the Planning Committee as requested by Herne & Broomfield Parish Council and Councillors R. Jones and S. Sonnex. RECOMMENDATION: Grant; Subject to the conditions set out at the end of this report. SITE DESCRIPTION 1. The site is located at No.5 Mill Lane, Herne. The site is comprised of a rectangular plot of suburban land within an established residential area. To the centre area of the site is a two storey, semidetached dwelling. The dwelling has a red brick and weatherboard external finish with a gabled pitched roof. The dwelling has a rectangular footprint with projections to front and rear elevations. The front elevation also has a small mono-pitch roof positioned over the front door. 2. To the front area of the dwelling is a loose gravel parking and turning area that serves the dwellings at No.5 and No.7 Mill Lane. This area is also used as a bin storage location for both dwellings. The dwelling at No.7 Mill Lane shares a similar architectural style as that of the application dwelling. A soft landscaped amenity area is located to the rear of the dwelling.

3 3. The site boundaries separating the site from adjacent properties at No s 1 & 7 Mill Lane are defined by c.1.8 metres high close board timber fencing. A picket fence runs along the front elevations of both No.5 & No.7. The ground levels throughout the application site are fairly consistent with the site having a flat topography. PROPOSED DEVELOPMENT 4. Full Planning Permission is sought for the erection of a single storey conservatory to the rear of No.5 Mill Lane. The proposed conservatory is positioned at the right hand side of the rear elevation and is sited adjacent to the rear, two storey projection. The rear area of the dwelling, at ground floor level, houses the living area for the dwelling. Access to the conservatory will be gained via an existing set of French doors. PLANNING HISTORY 5. The original planning permission for this property was granted in August The permission, CA/01/00160, allowed redevelopment to provide one pair of semi-detached dwellings, and contained conditions, set out in paragraph 15 and 16 below, that restricted permitted development rights for future alterations and extensions of the dwellings. PLANNING POLICIES 6. National Planning Policy Framework (NPPF) Section 7 Requiring good design 7. Canterbury District Local Plan First Review 2006 (CDLP) BE1 High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. 8. Canterbury District Local Plan Publication Draft June 2014 DBE3 Development proposals to be of high quality, to be assessed against specific amenity, visual, landscape, accessibility and highways criteria. DBE10 Alterations and extensions to buildings to respect character of the original building, to not result in overshadowing and overlooking and to avoid detriment to the amenity and character of the locality. WRITTEN REPRESENTATIONS 9. A total of four representations were received regarding this proposal. Representations were received from Councillors R. Jones and S. Sonnex, Herne and Broomfield Parish Council and also the occupier of No.2 Walcot Place. 10. The following issues are referred to within the representations received: Conditions 12 & 13 of planning permission CA/01/0160 prevent any extension of the dwelling Loss of light Overshadowing Overlooking Loss of privacy Visual intrusion Increased sense of enclosure Length of conservatory TECHNICAL CONSULTATIONS 11. CCC Archaeology: No objections to proposal. DRAINAGE CONSIDERATIONS 12. The proposal does not raise any substantive drainage issues.

4 ASSESSMENT 13. The primary considerations regarding this proposal relate to Conditions 12 and 13 of associated planning permission ref: CA/01/0160 and the impact of the proposal upon neighbouring residential amenity. Planning Application CA/01/ Planning application ref: CA/01/0160 was granted approval for the erection of a pair of semidetached dwellings (which includes the dwelling at No.5 Mill Lane). The following conditions were included as part of this 2001 decision: Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), the dwellings hereby shall not be extended. REASON: Having regard to the limited size of the plots, extensions to the dwellings now permitted could result in over-development of the site detrimental to the amenities enjoyed by the occupiers of adjoining properties. Condition Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), no windows, doors or openings of any kind, other than those shown on the submitted plans, shall be inserted in the flank elevations of the development hereby permitted. REASON: To protect the privacy of the occupiers of the adjoining dwellings. 17. The conditions as outlined above remove permitted development rights for these properties which, in this instance, are No s 5-7 Mill Lane. The proposed extension is of a scale and form that would normally be permitted development. However, the conditions imposed do not restrict or prevent, in perpetuity, the owners from extending their properties, only that they cannot do this as permitted development and would first have to go through the process of the submission of a planning application, thereby allowing the city council as Local Planning Authority to properly consider the proposal. The applicant has chosen to submit a planning application for determination and therefore the application is not in contravention of conditions 12 & 13 contained within the CA/01/0160 permission. It would be wholly unreasonable for the council to impose a condition that did not allow any alteration or extension of the property and the application must be considered on its individual merits and in accordance with the usual assessments carried out for domestic extensions. Scale of proposal and existing plot size 18. The conservatory is sited at the rear of the dwelling. The rear elevation has a staggered appearance with the rear projection of the dwelling adjoining No.7 Mill Lane. The rear projection extends approximately two metres from the elevation. The conservatory is positioned adjacent to the rear projection, within the recessed space, with an overall length of 3.2 metres. Therefore, the conservatory will extend 1.2 metres beyond the rear of the dwelling. 19. The conservatory has a ridge height of 3.08 metres and a width of 3.3 metres. The flanks of the conservatory are constructed from brickwork to match the existing dwelling. Taking into account the dimensions and siting of the conservatory structure and the existing residential plot size, it is considered the plot can successfully absorb an extension of this scale and that it would not result in an overdevelopment of the site.

5 Impact upon neighbouring residential amenity 20. Within the representations received, concerns have been raised regarding the overall impact of the proposal upon the residential amenity of the occupiers of neighbouring properties. 21. Presently, the application dwelling is screened from adjacent dwellings by c.1.8 metres high close board timber fencing. The flank elevations will house a window each with the height of the flank windows within the conservatory being 2.1 metres at their highest point. The roof of the conservatory is to be fully glazed. Regarding the proposal itself, a minimal section of brickwork and flank window and the glazed roof will be visible from adjacent properties. Given the dimensions and siting of the conservatory structure and current level of screening between properties, it is considered the proposal will not have a detrimental impact upon the residential amenity of neighbouring properties / occupants. CONCLUSION 22. Based on the above assessment and having taken all material considerations and third party representations into account, it is considered the proposal would not have an adverse impact upon the residential amenity of neighbouring properties and that the plot is capable of accommodating an extension to No.5 Mill Lane. The proposal therefore complies with Policy BE1 of the Canterbury District Local Plan 2006 and Policies DBE3 and DBE10 of Canterbury District Local Plan Publication Draft June 2014.

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