Agenda item

Single storey extension to side and rear, demolition of existing conservatory and erection of detached garage

70, Linden Way, Boston, PE21 9DS

Applicant: Mr Coventry

Single storey extension to side and rear, demolition of existing conservatory and erection of detached garage

70, Linden Way, Boston, PE21 9DS

Applicant: Mr Coventry

The Principal Planning Officer presented the report.  Members confirmed that they had received the submission from the owner of 43 Allington Garden, received following the publication of the agenda pack, which included a photograph demonstrating the impact of the proposed garage.

Miss E Astbury addressed the Committee in objection to the application explaining that she lived at 43 Allington Garden, which was located behind the application site with the fence as the boundary, and that she was also speaking on behalf of her mother, the owner, and 3 other neighbours, and made the following points, in summary.  Their main objection concerned the proposed detached garage on grounds relating to Policy 2 of the SELLP: noise, odour, disturbance and visual impact; the size and scale of the proposal, which was excessive compared to the bungalow and other garages in the area, giving rise to concerns about its intended purpose; and the impact of the dark, slate roof, which they would like to see reduced in size and changed to a flat or lower pitch.  Also, it would not be possible to maintain the boundary fence because of the proposed location of the garage and there would be an adverse effect on water run-off, not considered in the Flood Risk Assessment. 

Miss Astbury added that, as the applicant had a collection of classic motorbikes, neighbours were concerned about potential noise and fumes and the possibility that the garage might be used for commercial purposes or for living accommodation.  Therefore, they asked if the application for the garage could be rejected or its proposed size reduced to that allowed under permitted development rights and for conditions to be added to permission to prevent it being used for commercial use or living accommodation.

Speaking as Ward Member, Councillor Yvonne Stevens addressed the Committee from the public gallery and spoke of the impact on neighbours of noise from the number of people living in the application property and the excessive number of cars parked outside.  Also, the applicant would need to have permission to access the garden of 43 Allington Garden for maintenance purposes, but if the proposed garage was moved 1m away from the boundary fence this would not be necessary.  The proposed garage was also excessively high and its size did give rise to concerns that it might be rented out.  In conclusion, Councillor Stevens asked that for a condition to be added if permission was granted for the garage to prevent its use as living accommodation and that it be moved away from the boundary. 

[Councillor Stevens left the room at this point and did not return until after the debate and vote on this application had been completed.]

The Growth Manager provided advice to the Committee following the public speaking and reminded them of relevant material planning considerations. This was supplemented by comments of the Legal Advisor.

It was proposed by Councillor Brian Rush that planning permission be granted, as recommended by the Planning Officers, but this was not seconded at this point.

It was then proposed by Councillor Jonathan Noble that planning permission be refused on the grounds that the proposals were contrary to Policy 2 and 3 of the South East Lincolnshire Local Plan in terms of size and scale, visual intrusiveness, inappropriate design in terms of materials, and the impact on residential amenity.  This was seconded by Councillor Peter Watson.

The Growth Manager provided further advice to Councillor Noble and the committee more widely in relation to the concerns that were being raised and the potential need to consider the component parts of the scheme – i.e. the extension and alteration of the bungalow and the outbuilding.

A further debate took place and an amendment was then proposed by Councillor Tom Ashton that planning permission be granted for the extension, as recommended by the Planning Officers, and that planning permission be refused for the garage on the grounds of Policy 2 and 3 as stated. 

Further advice was taken from the Growth Manager and the Legal Advisor on this point.

Following this, Councillor Peter Bedford seconded Councillor Rush’s proposal that planning permission be granted as recommended by the Planning Officers, and Councillors Jonathan Noble and Peter Watson withdrew their proposal to refuse planning permission.

The Growth Manager sought clarification from Councillor Ashton regarding the reasons for refusal relating to the garage/outbuilding element of the scheme. These related to scale, massing, proximity to the common boundary and the impact on neighbouring properties. The Growth Manager also requested Delegated Authority to amend the conditions proposed for the element to be approved – this was agreed.

The Growth Manager accepted the reasons presented by Councillor Ashton and then cited the following as the potential reason for refusal:

The proposed outbuilding, by virtue of its scale, massing and proximity to the common boundary, would have an unacceptable impact on the amenities of neighbouring properties (in particular 43 Allington Gardens) by virtue of its un-neighbourly relationship and dominant form which results in an overbearing impact. As such, the proposal is considered to be contrary to policies 2 & 3 of the SELLP.

The amendment was the put to the vote.

Vote: 8 for, 2 against.

The amendment thereby became the substantive motion and was put to the vote.

Vote: 8 for, 2 against.

RESOLVED that:

A.         Planning permission be GRANTED for a single storey extension to side and rear subject to the following conditions:

1         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

2         The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

§    Location Plan – Drawing No. 3316-008 – Uploaded 19/07/2019

§    Proposed Section & Floor Plan – Drawing No. 3316-005 – Uploaded 11/07/2019

§    Proposed Elevations and Block Plan – Drawing No. 3316-004 – Uploaded 11/07/2019

§    Proposed 3D Views – Drawing No. 3316-003 – Uploaded 11/07/2019

§    Proposed Elevations, Sections and Block Plan – Drawing No. 3316-002 – Uploaded 11/07/2019

            Reason: To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

B.        That planning permission be REFUSED for the erection of a detached garage for the following reasons:

The proposed outbuilding, by virtue of its scale, massing and proximity to the common boundary, would have an unacceptable impact on the amenities of neighbouring properties (in particular 43 Allington Gardens) by virtue of its un-neighbourly relationship and dominant form which results in an overbearing impact. As such, the proposal is considered to be contrary to policies 2 & 3 of the SELLP.

INFORMATIVES

In determining this application the Local Planning Authority has taken account of the guidance in Paragraph 38 of the National Planning Policy Framework 2019 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

Where Surface Water is to be directed into a Mains Sewer System the relevant bodies must be contacted to ensure the system has sufficient capacity to accept the additional Surface Water. If there is any change to the surface water or treated water disposal arrangements stated in the application, please contact the Drainage Board.