Agenda item

Erection of a single storey rear extension to dwelling (part of which is completed under permitted development rights), together with alterations to the front elevation and replacement of double garage with ancillary residential

accommodation.

DECISION – GRANT, delegate authority to Executive Director - Place to grant planning permission subject to receipt of acceptable amended plans and receipt of an appropriate bat survey from a suitably qualified ecologist within six months.  If not, to refuse permission on the basis of no bat survey.

Subject to the receipt of acceptable amended plans and an appropriate bat survey from a suitably qualified ecologist, to vary the enforcement notice to extend the time period for compliance with the requirements of the Enforcement Notice.

The Planning Team Leader summarised the application as follows:

Erection of a single storey rear extension to dwelling (part of which is completed under permitted development rights), together with alterations to the front elevation and replacement of double garage with ancillary residential

accommodation.

At 19:26 Councillor Forster declared a non-pecuniary interest, as a resident was known to him. 

There had been 12 letters of objection received from four separate households, and a bat survey had been requested by the Council. 

Revised plans have been received after the agenda for this meeting had been published. Officers had not accepted amendments pending the outcome of the Planning Committee’s consideration.

Members considered the application and asked the following questions:

·       Had a bat survey been requested and if so, had one been carried out.

·       How the plans and drawings presented at the meeting and in the Agenda pack differed from what had been built on site and how this may also differ from revised plans that the Planning department received from the applicant but did not accept and did not distribute to Members.

·       Fire safety implications which would be considered by Building Control.

·       The option to defer the application and bring it to a future Planning Committee Meeting with accurate revised plans and a bat survey included.

·       The current enforcement issues relating to the outbuilding.

·       Members needed to consider if they considered the likelihood of the presence of bats and if so, a bat survey would need to be forthcoming and could not be subject to condition in line with case law.

The Executive Director – Place confirmed that the planning team had requested a bat survey to be undertaken.

Members debated:

·       Could a Phase 1 bat survey be undertaken immediately.

·       Depending on the findings of the survey work, there could be a need for a Phase 2 bat survey in the survey period.

·       The distance from the proposed development to boundary.

·       The moral obligation of homelessness which could result from refusal.

·       That further clarity is needed on the submitted drawings and what is built under planning permission, must reflect approved plans.

·       Adding a condition to ensure materials are used that will be in keeping with the local area due to ambiguity on glazed link element.

·       The need for Building Control to manage safety elements.

·       The comments from the Ecology Officer and how they appeared inconsistent in the report to one Member, which was clarified by the Chairman when the full quotation was read that the comments were not inconsistent. 

·       The number of occupants is not a planning issue.

·       The Committee considered a duty to ensure the best decision is made for the applicants and neighbours.

The Executive Director - Place suggested there was just sufficient time to do a phase one bat survey that could be incorporated into the final decision.

All Members voted unanimously against the original recommendation to refuse.  Members undertook a recorded vote for a revised motion, which was unanimous and a resolution to delegate authority to the Executive Director – Place was carried subject to conditions.

DECISION – GRANT, delegate authority to Executive Director - Place to grant planning permission subject to receipt of acceptable amended plans and receipt of an appropriate bat survey from a suitably qualified ecologist within six months.  If not, to refuse permission on the basis of no bat survey.

Subject to the receipt of acceptable amended plans and an appropriate bat survey from a suitably qualified ecologist, to vary the enforcement notice to extend the time period for compliance with the requirements of the Enforcement Notice. 

Notes:

A site visit was carried out on Tuesday 20th September, as set out in the Addendum paper, and was attended by Councillors Axam, Makepeace-Browne and Southern.

Speaking Against the Application: Mr Owen Davies

Speaking For the Application: Mrs Sonia Laurent