Ward: Hope End

The Planning Officer said that at its last meeting the Sub-Committee had deferred consideration of the application for a site inspection.

Councillor R.V. Stockton, a Local Ward Member, had a number of concerns about the application and felt that it would not be appropriate to locate a new dwelling within the historic walled garden that was of considerable local significance. Councillor R Mills a local Ward Member also had concerns about the proposals being out of character that they would have an adverse impact upon the rural setting of the garden.  Councillor B.F. Ashton had grave reservations about the planning application and the original decision because of their impact on the historic setting.

Several Members shared the concerns of the Local Ward Councillors but a motion that the Sub-Committee was mindful to refuse the application was lost, with the majority feeling that the proposed development was preferable to the existing permission.

RESOVED

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 -     A06 (Development in accordance with approved plans) (dated 21 June 2005)

          Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3 -     A12 (Implementation of one permission only) (MH97/1452 dated 24 June 1998)

         Reason: To prevent over development of the site.

4 -     B01 (Samples of external materials )

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

5 -     E16 (Removal of permitted development rights )

         Reason: To safeguard the character and appearance of the site, which is listed on the English Heritage Register of Parks and Gardens of special historic interest in England.

6 -     E18 (No new windows in specified elevation )

         Reason: In order to protect the residential amenity of adjacent properties.

7 -     E29 (Occupation ancillary to existing dwelling only )

         The existing gardener's cottage shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling hereby approved.

         Reason: It would be contrary to the policy of the local planning authority to grant planning permission for a separate dwelling in this location.

8 -     E15 (Restriction on separate sale )

         The gardener's cottage and the dwelling hereby approved shall not be sold or let separately from each other.

         Reason: It would be tantamount to the erection of the additional dwelling  contrary to the policy of the local planning authority.

9 -     F18 (Scheme of foul drainage disposal )

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

10 -      F48 (Details of slab levels )

         Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

11 -      G18 (Protection of trees )

         Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

12 -      G19 (Existing trees which are to be retained )

         Reason: In order to preserve the character and amenity of the area.

13 -      G21 (Excavations beneath tree canopy )

         Reason: To prevent the unnecessary damage to or loss of trees.

14 -      H13 (Access, turning area and parking) (Details to be submitted shall include cross-sections through the new driveway.

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

15 -      Prior to the commencement of development, the applicant shall, in conjunction with the Council's Building Conservation Officer, agree a schedule of works to cover any necessary works of repair to the wall enclosing the walled garden.  Works of repair shall be carried out in accordance with the agreed details before the first occupation of the dwelling hereby approved.

         Reason:  In order to safeguard the character and appearance of the walled garden.

           Informatives:

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