Agenda item

WND/2021/0592 WEEDON - Variation of condition 2 of planning permission DA/2019/0756 to increase the ridge and eaves height of the approved rear projecting first floor extension - 30, South Street

The Area Planning Officer outlined the application for a variation to increase the height and eaves height of an extension. The developers had already built a substantial part of the extension and had deviated from the plan that had been approved. Such works were at their own risk. Members were reminded that planning was a permissive not a punitive system. The owners of the house had sought to regularise their position and had submitted amended plans which had been refused and dismissed on appeal. The new application proposed to dramatically alter what had been built on site in order to bring it back to more closely resemble the approved scheme. The Committee were shown photographs of the current as built unauthorised development and how it would be altered so that it was very similar to that which had been approved originally.

Mrs Ramshaw spoke on behalf of the Parish Council and Ms Lucas, the Agent, addressed the Committee.

Councillor David Smith, the local ward Member, referring to the appeal that was dismissed considered that the first-floor extension could be viewed from a number of properties, and it was discordant with the area. Councillor Smith considered that the application was against policy and that the first-floor window on the front elevation was out of proportion.

The Area Planning Officer advised that the application had been made as a Section 73 minor material amendment. Complications arose as works to the property had already been carried out and now alterations were being made to the original proposals. With regard to the fact that a smaller window had been installed; this was not considered to be detrimental. The alterations were not considered to be significant and if Members refused the application, the applicants had a right of appeal. The Conservation Officer considered the application to be acceptable.

Councillor Rupert Frost considered that the alterations were substantial and proposed that the application be refused. The proposition was seconded by Councillor Daniel Lister.

The Area Planning Officer advised that the works that had been undertaken on site were unacceptable, however the changes that were now proposed were considered an acceptable solution and would not adversely impact the conservation area. If the application was refused, then the applicant could appeal and enforcement action would need to be considered. This application provided an opportunity to address the current issues. The eaves height on the first floor would be increasing from 6.1 to 6.2 metres and on the rear projection from 5.8 to 5.9 metres which was not deemed to be significant.

Councillor Frost proposed that the application be refused as it contravened RA1 of Part 3 of the Local Plan, as it did not protect the form and character of the setting of the village and was contrary to policy ENV7 b,c and d. On being put to the meeting, the proposition was declared failed with 3 voting in favour and 5 against.

Councillor Cecile Irving-Swift proposed that the application be approved with a condition that the window on the front elevation of the extension be replaced with that originally proposed. This was seconded by Councillor Alan Chantler and being put to the meeting was declared carried with 5 voting in favour and 3 against.

RESOLVED:

That the application be approved as set out in the report, subject to a condition that the window on the front elevation of the extension be replaced with that originally proposed, as follows:

With the exception of the first floor front window which shall be altered in line with condition 5, the development shall be carried out strictly in accordance with drawing nos. 10290 -100, -101B, -102B, -103B, -104B, -105C, -106, -156B and -200, registered valid 15/9/2021.

Having declared an interest in the following item, Councillor Rupert Frost left the room during consideration of the following item and took no part in the discussion or voting thereon