OFFICER REPORT
- SUMMARY
1.1 The proposal is for
the erection of a part single, part two storey side extension,
single storey front entrance porch and change of use of amenity
land. The proposed development is within the settlement boundary.
The proposal would not be
liable for SPA contributions and CIL payments.
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RECOMMENDATION
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Planning permission be granted subject to the
conditions set out in Section 11 of this report.
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- REASON FOR REPORTING APPLICATION TO
COMMITTEE
2.1 The application has
been reported to the Planning Committee at the request of
Councillor Dudley, Councillor Turrell and Councillor Mattick. They
are concerned at the size and bulk of the extension and the loss of
amenity land which is considered to be out-of-keeping in this
area.
- PLANNING STATUS AND SITE
DESCRIPTION
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PLANNING STATUS
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Within settlement boundary
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3.1 No. 3 Lyndhurst Close is a
detached dwelling on a corner plot located within a residential
area, which is itself within a defined settlement as set out in the
Bracknell Forest Borough Policies Map (2013). It is an existing
4-bedroom property with integral garage. Neighbouring properties
are nos. 2 Lyndhurst Close and 4 Lyndhurst Close (the latter being
located to the rear of the site).
- RELEVANT SITE HISTORY
4.1 The relevant planning history is
set out below:
615411
Part two storey, part first floor
side extension forming enlarged garage with bathroom over, bedroom
with en-suite bathroom and dressing room over.
Approved 14.11.1989
5. THE
PROPOSAL
5.1
The proposal is for a
two-storey side extension which will extend to the existing
boundary fence. The existing fence along the side boundary will be
moved 1.5 metres towards the road, which will mean that part of the
area of landscaping/public amenity space will be included within
the residential curtilage of the property. The applicant has stated
that at present, the internal width of the existing garage is
inadequate for two cars (being 5m) and that as such the proposal
seeks to rectify this situation by creating a useable double garage
with an internal width of 6m and an internal depth of 6m, which can
only be achieved by increasing the overall width of the building
beyond the existing flank wall. There will be a new side entrance
into the property and the design will mean that there is a
first-floor overhang. There will also be a single-storey rear
extension, which will span the rear elevation, will have a depth of
4.3m and will be 3m high.
5.2 Since
the submission of the application, an amended floor layout which
shows the extent of the first-floor overhang and existing boundary
line for clarification purposes has been received as well as a
parking plan. The plan shows that the overhang will not encroach on
the neighbouring property (no. 4 Lyndhurst Close). The applicant
has also submitted a copy of his Title Plan showing the extent of
land ownership.
Title
Plan
Parking
layout
Amended Floor Layout showing extent of
overhang and neighbouring boundary
6. REPRESENTATIONS
RECEIVED
Winkfield Parish
Council
6.1 Winkfield Parish Council requests that Officers
carefully consider any impact on parking stress in the area,
existing covenants on the land and the potential impact on
neighbouring properties.
Other responses
received
6.2 5 objections have been
received from 5 different addresses. The issues raised can be
summarised as follows:
·
The extension will be
out-of-keeping with adjacent properties due to its size –
including garden size.
·
Extending the property in line
with the front of the house, to the side and upwards would reduce
visibility around the corner.
·
Reducing the driveway length
would mean vehicles would be parked closer to the footbath, again
reducing visibility
·
The likely increase in
occupancy may result in additional motor vehicles that cannot be
accommodated in the garage or on the driveway.
·
The proposal will restrict
light to no. 2 Lyndhurst Close as well as have an adverse impact on
their privacy.
·
Concerns about how the
relocation of the fence will affect the land ownership of
neighbouring properties (no. 4 Lyndhurst Close)
·
There are covenants that
restrict the width of the curtilage being extended into adjacent
land.
·
Has the potential to negatively
impact the capacity of the existing joint sewer running between no.
2 and no. 3 Lyndhurst Close
7. SUMMARY OF CONSULTATION RESPONSES
Highway Authority:
8. MAIN POLICIES AND OTHER DOCUMENTS RELEVANT TO THE DECISION
8.1 The primary
strategic planning considerations applying to the site and the
associated policies are:
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Development Plan
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NPPF
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General policies
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CP1 of SALP,
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Not fully consistent
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CS1, CS2 of CSDPD
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Consistent
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Residential amenity
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Saved policy EN20 of BFBLP
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Consistent
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Design
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CS7 of CSDPD, Saved policies EN20 and H12 of
BFBLP
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Consistent
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Parking
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Saved policy M9 of BFBLP
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Consistent
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Transport
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CS23 of CSDPD
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Consistent
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Supplementary
Planning Documents (SPD)
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Parking Standards SPD
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Design SPD
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Other
publications
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National Planning Policy Framework (NPPF) and
National Planning Policy Guidance (NPPG)
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9. PLANNING
CONSIDERATIONS
9.1 The key issues for
consideration are:
i
Principle of development
ii
Impact on character and appearance of the area
iii
Impact on residential amenity
iv Any
transport implications
i.
Principle of development
9.2 Section 38(6) of the Planning and Compulsory Purchase Act
2004 requires that applications
for planning
permission must be determined in accordance with the Development
Plan, unless material considerations indicate otherwise, which is
supported by the NPPF (paras. 2 and 12). Policy CP1 of the
Site Allocations Local Plan sets out that a positive approach
should be taken to considering development proposals (which
reflects the presumption in favour of sustainable development set
out in the NPPF), and that planning applications that accord with
the development plan for Bracknell Forest should be approved
without delay, unless material considerations indicate
otherwise.
9.3
Core Strategy Policies
CS1 (Sustainable Development) and CS2 (Locational Principles)
are
relevant and consistent with the
objectives of the NPPF and can be afforded full weight. In
particular, Policy CS2 permits development within defined
settlements.
ii. Impact on character and
appearance of the area
9.4 The application site is located in a residential
area that is within a defined settlement on the
Bracknell Forest Borough
Policies Map (2013). As a result, the proposed development is
considered acceptable in principle, subject to no adverse impact on
the amenity of the neighbouring occupiers and upon the character
and appearance of the area or highway safety. The proposed scale of
the building (as well as gable design) is not out of keeping in
terms of scale and design with other properties in the street or
surrounding streets.
No. 3 Lyndhurst with boundary fence and adjacent
amenity land
View looking towards no. 3 and no 26 (on the
opposite side of Lyndhurst Close)
No. 26 Lyndhurst Close
Junction of Lyndhurst Close with Brockenhurst
Road
9.5 The existing fence along
the side boundary will be moved 1.5 metres towards the road, which
will mean that part of the area of landscaping/amenity land will be
included within the residential garden of the property. The
inclusion of this relatively small strip of land into residential
curtilage is not considered to significantly impact the character
and appearance of the area.
9.6 The proposed
single-storey rear extension will be to the rear of the property
and as only single-storey, will not readily be seen from the
street. It is therefore considered that the development would not
result in an adverse impact on the character and appearance of the
area or the host property, in accordance with CSDPD Policy CS7,
BFBLP 'Saved' Policies EN20 and H12, and the NPPF.
iii. Impact on Residential
Amenity
9.7 Due to its location, the proposed
two-storey side extension will not have an adverse impact on
neighbouring amenity in terms of loss of light or privacy or
overbearing impact. The proposed single-storey rear extension will
be approximately 3m high next to the boundary with no. 2 Lyndhurst
Close, and again, due to its height, this extension is considered
acceptable in terms of impact on the neighbouring
amenity.
9.8 Concerns have been raised about
encroaching onto neighbouring land. To avoid confusion about the
proposed overhang of the first floor, the agent has shown the
extent of overhang and how this will affect the neighbouring
boundary. The extent of overhang will not encroach over the
boundary with no. 4 Lyndhurst Close. Although land
ownership/boundary disputes are not material planning
considerations (although they may be considered under other
legislation); the applicant has submitted a Land Registry Title
Plan which appears to support the proposed floor layout. Existing
covenants on the land and any impact on joint sewers are also not
material planning considerations but may be considered under other
legislation.
9.9 It is therefore considered that
the development would not result in an adverse impact on the
amenity of neighbouring properties, in accordance with BFBLP
'Saved' Policy EN20 and the NPPF.
iv. Transport
implications
9.10 There is no
requirement for additional parking spaces. The proposal is to increase the
size of the garage to allow it to be a functional double garage
measuring 6m x 6m. A parking plan and
an officer site visit has demonstrated that there is 6m between
where the garage doors will be located and the footpath and as such
the Highway Authority has not objected.
10.
CONCLUSIONS
10.1 The proposed
development is within the settlement boundary where the principle
of development is acceptable.
10.2 The proposal is
not considered to have an adverse impact on the streetscene or
character and appearance of the area, neighbouring amenity in terms
of loss of light, loss of privacy or overbearing impact or highway
safety.
10.3 The application is therefore recommended
for conditional approval as being in accordance with CSDPD Policy
CS7 and CS23, BFBLP 'Saved' Polices EN20, H12 and M9, and the
NPPF.
11.
RECOMMENDATION
That the application be approved subject to the
following conditions amended, added to or deleted as considered
necessary:
1.
The development hereby
permitted shall be begun before the expiration of three years from
the date of this
permission.
REASON: To comply with
Section 91 of the Town and Country Planning Act 1990.
2.
The development hereby
permitted shall be carried out only in accordance with the
following approved plans and documents received by the Local
Planning Authority on 2 June 2021, 20 August 2021, 3 December 2021
and 31 March 2022:
21-16-04 received 2 June
2021
21-16-01 A received 20 August
2021
21-16-05 received 3 December
2021
21-16-03 A received 31 March
2022
REASON: To ensure that the
development is carried out only as approved by the Local Planning
Authority.
3.
The materials to be
used on the external surfaces of the development hereby permitted
shall match those on the application form received by the Local
Planning Authority on 2 June 2021.
REASON: In the interests of the
visual amenities of the area.
[Relevant Policies: BFBLP EN20,
Core Strategy DPD CS7]
Informatives
01. The Local Planning Authority has acted
positively and proactively in determining this application by
identifying matters of concern within the application (as
originally submitted) and negotiating, with the Applicant,
acceptable amendments to the proposal to address those
concerns. As a result, the Local Planning Authority has been
able to grant planning permission for an acceptable proposal, in
accordance with the presumption in favour of sustainable
development, as set out within the National Planning Policy
Framework.
02. The following conditions do not require
details to be submitted, but must be complied with:
1. Time limit
2. Approved plans
3. Materials
03. The applicant should
note that this permission does not convey any authorisation to
enter onto land or to carry out works on land not within the
applicant's ownership.
04. This is a planning permission. Before
beginning any development you may also need separate permission(s)
under Building Regulations or other legislation. It is your
responsibility to check that there are no covenants or other
restrictions that apply to your property.
