Proposed subservient single storey self contained annexe, ancillary to existing dwelling house.

The application was approved in accordance with the Case Officer’s recommendation with additional conditions.

(Proposed subservient single storey self contained annexe, ancillary to existing dwelling house.)

The Development Manager gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mr P Mason, of Vowchurch Parish Council, spoke in opposition to the Scheme.  Mrs Prosser-Painting, the applicant, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, the local ward member, Councillor GJ Powell, spoke on the application.

He commented on a number of issues including:

·         He agreed with the Parish Council’s view on the application.  There would be no objection to an extension.  However, what was proposed was not an extension but a new, self-contained, detached permanent dwelling in the open countryside.

·         He referred to the description of the application at paragraph 1.3 of the report and the officer’s appraisal at paragraph 6.1 of the report which considered the principle of the development to be broadly acceptable in the context of Policy H7 – housing in the countryside outside settlements, on the basis that the annexe represented ancillary accommodation not a new dwelling.  He questioned that appraisal.

·         The intention to use the building to provide accommodation for the applicant’s mother to enable the family to provide her with care was not relevant to the application.

·         He questioned how a proposed condition, requiring the functioning of the annexe to be ancillary to the use of the main dwelling to avoid the potential establishment of a new dwelling, could be enforced.

·         There was concern that approval of the application could set a precedent encouraging further similar developments.

In the Committee’s discussion of the application the following principal points were made:

·         It was appropriate to give consideration to meeting social need and the applicant’s wish to provide care to a relative.  These were exceptional circumstances.

·         The annexe was of good design and would not be intrusive.

·         It was noted that circumstances could change and asked what options were available to ensure that the annexe remained tied to the main dwelling.  It was also asked whether permitted development rights could be removed.  The Development Manager commented that a condition could be imposed or a section 106 agreement drawn up to tie the annexe to the dwelling.  A condition could be imposed to remove permitted development rights.

·         The objections to the development were overstated.

·         It could be argued that the scheme represented new development and would set a precedent.

·         There was a view that an engineering solution could be found permitting the provision of an extension to the existing property to which there would be no objection.

The local ward member was given the opportunity to close the debate.  He reiterated that the proposal represented a new dwelling.  No needs assessment had been produced providing evidence of social need.  This should be provided in such cases if an application were to be supported on those grounds.  The development would have a visible impact on the landscape.

The Development Manager commented that at 67sq metres the development was small and was correctly viewed as an annexe.  It was only slightly larger than a building that could be constructed without planning permission.  Providing support to a family member was a ground for granting planning permission.  A section 106 agreement could be entered into, to tie the annexe to the house, and a condition imposed to remove permitted development rights.

RESOLVED:  That subject to completion of a Section 106 Town and County Planning Act 1990 planning obligation agreement (to ensure the new annexe is tied to the existing dwelling) on terms to be agreed by officers named in the Scheme of Delegation to Officers, after consultation with the Chairman, officers are authorised to grant planning permission, subject to the conditions stated below, and any other further conditions considered necessary by officers, including a condition removing permitted development rights:

1.         A01 Time limit for commencement (full permission)

2.         B02 Development in accordance with approved plans and        materials

3.         F28 Occupation ancillary to existing dwelling only (granny annexes)

4.         I16 Restriction of hours during construction

INFORMATIVES:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.