Proposed new house and detached garage.

Ward: Upton

Proposed new house and detached garage. 

The Local Ward Member, Councillor J. Stone, thanked officers for their work on the application, and in particular, their efforts to resolve issues of highway safety.  He said, however, that he still felt that Wyson Lane was dangerous, and for this reason, he had reservations about the application.  He commented that Wyson Lane was narrow, was extremely busy at certain times, and that the application site was close to a junction.  He considered that use of the lane had increased over time, by cyclists, walkers and horse riders in addition to vehicles.  In addition, he felt that the Housing Needs Survey (Policy DR3 of the Unitary Development Plan) did not support dwellings in this area, and that the proposed size of the dwelling was unjustifiably large, and would adversely affect the amenity of nearby residents.  He also expressed concern over potential flooding, which had affected the area during the summer of 2007, and in 2005. 

Other members expressed reservations about building dwellings in garden areas, and felt that it was not possible to rely on current information about flood plains, due to the fact that the Environment Agency was in the process of updating its information. 

The Southern Team Leader reported that the site was within the settlement boundary, and there was no overlooking from the proposed property to other neighbouring residences.  He said that planning policy did not prevent the applicant from erecting a dwelling in the garden area.  The Head of Planning Services reminded members that they had no alternative other than to rely on the evidence submitted by the Environment Agency in relation to flooding, and that there were only a few circumstances under which an applicant was obliged to provide evidence of housing need.  He said that, if members considered that the highway issues had been addressed following the previous application, there were no grounds for refusing this application. 

RESOLVED:   That planning permission be granted subject to the following conditions:-

1 -   A01 (Time limit for commencement (full permission)

        Reason: Required to be imposed by Section 91 of the Town and Country Planning

        Act 1990.

2 -   B01 (Samples of external materials )

        Reason: To ensure that the materials harmonise with the surroundings.

3 -   H03 (Visibility splays )

        Reason: In the interests of highway safety.

4 -   H13 (Access, turning area and parking )

        Reason: In the interests of highway safety and to ensure the free flow of traffic

        using the adjoining highway.

5 -   The whole of the splayed entrance shall have a sealed surface and shall remain unobstructed at all times.

        Reason:  In the interests of highway safety.

6 -   G04 (Landscaping scheme (general) )

        Reason: In order to protect the visual amenities of the area.

7 -   G05 (Implementation of landscaping scheme (general) )

        Reason:  In order to protect the visual amenities of the area.

Informatives:

1 - N15 - Reason(s) for the Grant of PP/LBC/CAC

2 - N03 - Adjoining property rights

3 -   The applicants should be aware that this planning permission does not over-ride any civil/legal rights enjoyed by adjacent property owners.  If in doubt the applicants are advised to seek legal advice on the matter.

4 -   N14 - Party Wall Act 1996

5 -   The development should be carried out in accordance with the requirements of the Deed of Mutual Covenant   formally agreed between the current owners of Chapel Cottage and Cornerpost, which was submitted with the application.

6 -   HN04 - Private apparatus within highway

7 -   HN05 - Works within the highway

8 -   HN22 - Works adjoining highway

9 -   N19 - Avoidance of doubt

10 -      HN10 - No drainage to discharge to highway