Agenda Part One Items Which, in the Opinion of the Managing Director, Will Be Considered with the Public Present at the Meeting

Committee: Planning Development Control & Licensing Committee Place: Council Chamber Date: Wednesday 17 April 2013 Time: 7:00pm Co-ordinator: Mrs C Vint Committee Co-ordinator ext 2605 Please note this meeting will be subject to a Webcast broadcast live on the Internet.

To: Cllrs: McCheyne (Chairman), Mrs Hones (Vice-Chairman), Baker, Carter, Chilvers, Clarke, Mrs Coe, Mrs Davies, Ms Golding, Mrs Henwood, Keeble, Morrissey, Mrs Murphy, Russell and Tee

Nominated Substitutes: Cllrs: Kerslake, Le-Surf, Lloyd, Mynott and Sparling

Co-opted Representatives: Parish Cllrs: Mr Afteni (Mountnessing PC), Mrs Dicker (Doddinghurst PC), Mr Day (Ingatestone and Fryerning PC), Mr North (Kelvedon Hatch PC), Mr Watley (Blackmore, Hook End & Wyatts Green PC), Mr Enkel (Navestock PC), Mr Watkins (Herongate & Ingrave PC) and Mr Foan (West Horndon PC).

Members are respectfully summoned to attend the above meeting to transact the business set out below.

Managing Director Agenda Part one Items which, in the opinion of the Managing Director, will be considered with the public present at the meeting. Details of background documents relied upon in the reports before the Committee are attached as an Appendix to the Agenda.

Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY tel 01277 312 500 fax 01277 312 743 minicom 01277 312 809 www.brentwood.gov.uk 1. Apologies for absence

2. Minutes of the Planning Development Control & Licensing meeting held on 6th March 2013 The Committee is invited to approve the Minutes of the Planning Development Control & Licensing held on 6th March 2013 Planning Applications and Matters The Committee is requested to consider the applications and matters contained in Agenda Items 03 to 05 as follows:-

Agenda Application Location Ward Page Item No No No

03. 13/00299/MOD106 Camellia Court West Horndon 1 Camellia Close

04. 13/00007/FUL Hazelhead 4 Hillwood Hutton South 9 Grove

05. 13/00101/FUL 5 Hall Green Lane Hutton Central 19

06. Urgent Items

MATERIAL PLANNING CONSIDERATIONS

The following are among the most common issues which the Planning Committee can take into consideration in reaching a decision:-

• Planning policy such as adopted Brentwood Replacement Local Plan, Government guidance, case law, previous decisions of the Council;

• Design, appearance and layout;

• Impact on visual or residential amenity including potential loss of daylight or sunlight or overshadowing, loss of privacy, noise disturbance, smell or nuisance;

• Impact on trees, listed buildings or a conservation area;

• Highway safety and traffic;

• Health and safety;

• Crime and fear of crime;

• Economic impact – job creation, employment market and prosperity.

The following are among the most common issues that are not relevant planning issues and the Planning Committee cannot take these issues into account in reaching a decision:-

• Land ownership issues including private property rights, boundary or access disputes;

• Effects on property values;

• Restrictive covenants;

• Loss of a private view;

• Identity of the applicant, their personality or previous history, or a developer’s motives;

• Competition;

• The possibility of a “better” site or “better” use;

• Anything covered by other legislation.

SITE PLAN ATTACHED

03. CAMELLIA COURT CAMELLIA CLOSE WEST HORNDON ESSEX [FORMERLY KNOWN AS 191 THORNDON AVENUE] CM13 3FE

APPLICATION TO MODIFY THE AFFORDABLE HOUSING OBLIGATIONS CONTAINED IN SECTION 106 UNILATERAL UNDERTAKING DATED 18 JULY 2006 RELATING TO PLANNING PERMISSION 05/00590/FUL (DEMOLITION OF EXISTING DWELLING AND THE ERECTION OF 6 FLATS AND 3 SINGLE STOREY DWELLINGS)

APPLICATION NO: 13/00299/MOD106

Herongate, Ingrave & West 8/13 WEEK WARD 02.05.2013 Horndon DATE

PARISH West Horndon POLICIES H9 NPPF

CASE OFFICER Kathryn Mathews 01277 312616

Drawing no(s) SUPPORTING INFORMATION ; relevant to this decision:

1. Proposals

Planning permission 05/000590/FUL was granted (for the demolition of the existing dwelling and the erection of six two bedroom flats and three two bedroom single storey dwellings) subject to conditions. The applicant also submitted a Unilateral Undertaking dated 18 July 2006 pursuant to Section 106 of the Town and Country Planning Act 1990 to secure the provision of affordable housing as part of the residential development. This was to comply with the requirements of the local plan with respect to affordable housing provision. Planning permission for the development was granted, on appeal on 7 August 2006.

The Undertaking requires that 3 of the approved dwellings are provided as affordable housing comprising subsidised rented accommodation to be provided in conjunction with a Registered Social Landlord, and that no more than 50% of the open market dwellings (i.e. three) are occupied until; the affordable dwellings have been completed and transferred to a Registered Social Landlord. As a result, 6 of the 9 units remain vacant.

1 The current owner of the site, Amex Estates Limited, purchased the site on in February 2008, built out the development, and subsequently applied on 13 September 2012 to fully discharge all of the obligations set out in the Undertaking (reference 12/00904/MOD106). The Council engaged an independent consultancy and legal advice, and sought further information from the applicant but, in the meantime, the applicant appealed to the Planning Inspectorate against non-determination of their application. As required as part of the appeal process, the Council resolved at the Planning Development Control Committee in January 2013 that the Council’s decision would have been as follows if it had been able to determine the application.

‘That the applicant’s request to fully discharge the obligations in the Section 106 Agreement linked to planning permission reference 05/00590/FUL is refused on the basis that it has not been demonstrated that these obligations result in the development being unviable.’

This forms the basis of the Council’s case at appeal. The appeal remains undetermined. An inquiry was opened on 6 March 2013 but has been adjourned until 30 May 2013 because of the progress that had been made in discussions between the Council and the appellant which may resolve the outstanding matters between the parties. The current application has subsequently been submitted by the appellant who seeks a modification to the Unilateral Undertaking rather than its full discharge.

The application is accompanied by a Planning Statement which provides the following information:- - the applicant considers that the Undertaking can no longer be complied with on the basis that a viability assessment for the development shows the provision of three units for social rent renders the scheme unviable and no Registered Provider (RP) is willing to take such a small number of units within a scheme in this location for social rent and within a block of six unit with the remaining being private housing. This is preventing the occupation of much needed private market units. - the applicant proposes that the existing affordable housing obligation should be modified so that instead of providing three units for social rent, three two bedroom flats for discounted sale at a value of £121,666 should be provided which would be made available to qualifying persons within the Council’s area. The remaining equity in the units (i.e. the difference between the market value and £121,666) would be transferred to the Council at nil value and the Council would secure their interest in the flats by way of a second charge. The applicant proposes that, in the event of the Council failing to nominate any purchasers for the affordable units by 30 June 2013 or contracts with any nominated purchaser not being exchanged by 30 August 2013 or any of the contracts that exchange by 30 August 2013 failing to complete, the applicant would be able to sell the units on the open market but pay the Council a sum equal to the sale price minus £121,666 and the applicant’s costs, to be used for the provision of affordable housing within the Council’s area.

2 The application is accompanied by a viability assessment which shows the scheme to be non-viable but is being progressed by the applicant solely to reach an early compromise with the Council and without prejudice to its position at appeal. The applicant would withdraw their current appeal within 7 working days of completing the revised agreement.

2. Policy Context

Local Plan Policy: H9 - Affordable Housing on Larger Sites sets out the level of affordable housing provision required as part of residential developments

3. Relevant History

• 05/00590/FUL: Erection Of Three Bungalows, A Block Containing 6 Two-Bedroom Flats Together With A Block Of Six Garages -Application Refused • 12/00940/MOD106: Application to fully discharge the affordable housing obligations contained in Section 106 Unilateral Undertaking dated 18 July 2006 relating to planning permission 05/00590/FUL (demolition of existing dwelling and the erection of 6 flats and 3 single storey dwellings) - • 05/00590/COND/1: Compliance check of Conditions relating to planning permission 05/00590/FUL - Demolition of the existing dwelling and erection of six flats and three single storey dwellings -Part refused/Part approved • 10/00012/NON: Alter Position Of Building Footprint (Minor Amendment To Brw/590/2005) -Application Permitted • 10/00058/COND: Approval Of Details Relating To Planning Permission Brw/590/2005 (3,Landscaping; 7, Boundary Treatment; 8, Levels; 9, Drainage; 11, External Lighting; 12, Provision Of Bin Store; 13,Provision Of Cycle Parking; 14, Position Of Meter Cupboards; 15, Provision Of Tv Aerial And Satellite Dish) -Application Permitted

3 4. Neighbour Responses

Two representations have been received based on the misunderstanding that the proposal is for demolition of the existing bungalows and the erection of 6 new flats. The matters raised relate to concerns regarding loss of privacy, disruption during construction, more flats would not suit the character of the surrounding area and the negative impact such development would have on the value of their property.

5. Consultation Responses

• Parish Council: With reference to your letter dated 26th March relating to the above application, West Horndon Parish Council wish to make the following observations relating to the case.

The original planning permission (05/00590/FUL) required the developer to provide three affordable housing units as per Section 106 of the Town and Country Planning Act 1990. It remains the view of West Horndon Parish Council that this obligation should be fulfilled and that the affordable housing be provided within the parish of West Horndon. The Parish Council is amenable to minor modifications of detail, provided the final outcome is three affordable housing units delivered within the parish.

This new application appears to open the door to other possibilities, if contracts cannot be agreed and completed to, what seems to be from the Parish Council's perspective, a tight time scale. In particular, see Section 3.4 of the Section 106 Heads of Terms, as set out in Appendix 4. West Horndon Parish Council strongly opposes this possibility. It could, undoubtedly, be detrimental to Brentwood Borough Council and certainly detrimental to the Parish of West Horndon if events caused this to be invoked.

We urge the Planning Committee to make provisions that ensure the affordable housing is delivered within the Parish of West Horndon. As the next meeting of West Horndon Parish Council is not taking place until 25th April this letter has been sent using my delegated authority in consultation with the relevant members.

• Housing Services Manager: The modification proposed will enable the delivery of affordable housing that will meet housing need within the Borough. Having considered the viability information available, I am also satisfied that this modification provides a reasonable solution that has taken into account the market conditions of this site, and has provided flexibility both on the part of the planning authority and the applicant to prevent this development becoming stalled.

4 6. Summary of Issues

Section 106A of the Town and Country Planning Act 1990 allows developers to apply to the local planning authority to modify or discharge a planning obligation after five years from the date it was entered into. Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 - form and procedure.

The applicant has applied to modify the existing planning obligation as set out above.

As part of the assessment, the advice contained within the National Planning Policy Framework and Local Plan Policy H9 (Affordable Housing on larger Sites) are particularly relevant.

The National Planning Policy Framework (NPPF) came into effect on 27 March 2012 and is now a material consideration in planning decisions. The weight to be given to it will be a matter for the decision maker's planning judgment in each particular case. This Framework replaces all the national planning guidance documents as stated in the NPPF, including Planning Policy Guidance Notes and Planning Policy Statements. The NPPF granted a one year period of grace for existing adopted Local Plan policies which has now ended but following this 12 month period, the NPPF advises that due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given) and thus policies in the Brentwood Replacement Local Plan remain material considerations. The NPPF provides the following advice which is relevant to the current proposal:-

- (paragraph 50) to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities local planning authorities should - plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community; identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand; where it has been identified that affordable housing is needed, local planning authorities should set policies for meeting this need on site, unless off-site provision or a financial contribution of broadly equivalent value can be robustly justified and the agreed approach contributes to the objective of crating mixed and balanced communities. The NPPF states that such policies should be sufficiently flexible to take account of changing market conditions over time. - (paragraph 173) to ensure viability, costs of requirements such as affordable housing should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and a willing developer to enable the development to be deliverable

5 - (paragraph 204) planning obligations should only be sought where they meet all of the following tests: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. - (paragraph 205) where planning obligations are being revised, local planning authorities should take account of market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled.

In the preamble to Policy H9, reference is made to the aim of achieving successful housing developments that take account, amongst other things, of the economics of site development. The pre-amble goes on to state that it will be for the applicant to justify that such issues lead to 35% affordable housing making a site unviable and, therefore, warrant a reduction in the proportion of affordable housing on a site and/or the unreasonableness of the developer funding the full cost of the affordable provision. The Policy requires that 'on suitable sites for housing development ... on sites of five units and above... the Council will seek a proportion of 35% of the number of dwelling units to provide for affordable housing' subject to a number of criteria including (criterion iv) that the economics of provision, including the particular costs associated with development and the realisation of other planning objectives and (criterion v) the need to achieve a successful housing development. The Policy states that the affordable housing will be provided on site as part of the development but that, where this would not be appropriate to possible, the Council may accept the affordable housing to be provided either in part or in whole on another site.

It is considered that the existing Unilateral Undertaking meets the tests set out in paragraph 204 of the NPPF i.e. that the requirement for 35% of the residential units on the site is necessary to make the development acceptable in planning terms; is directly related to the development; and is fairly and reasonably related in scale and kind to the development.

The Parish Council have raised concerns that the tight deadlines set out in the Heads of Terms proposed by the applicant could result in the affordable housing being provided via a commuted sum and not being provided within West Horndon. The recommendation below is to accept the proposed modification but subject to acceptable deadlines being included within the new Agreement.

The concerns raised by local residents are based on the misunderstanding that the application proposes further building works at the site and so are not relevant to the determination of the application.

6 It is considered that, based on the advice of the Housing Manager, the proposed modification would be acceptable subject to Officers being satisfied that the deadlines included within the new Agreement are reasonable. It is recommended that the modification application is approved on this basis subject to a S106 to cover the following Heads:-

1. Provision of three two bedroom flats for discounted sale at a value of £121,666 to be made available to qualifying persons within the Council’s area. 2. The remaining equity in the units (i.e. the difference between the market value and £121,666) would be transferred to the Council at nil value and the Council would secure their interest in the flats by way of a second charge. 3. In the event of these units are not provided, the applicant would be able to sell the units on the open market but pay the Council a sum equal to the sale price minus £121,666 and the applicant’s costs, to be used for the provision of affordable housing within the Council’s area.

7. Recommendation

The Application be APPROVED subject to a S106 agreement

BACKGROUND DOCUMENTS

DECIDED:

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IssuesIssuesIssues West Horndon Station

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13.1m13.1m Title:Camellia Court Camellia Close West Horndon

8 SITE PLAN ATTACHED

04. HAZELHEAD 4 HILLWOOD GROVE HUTTON BRENTWOOD CM13 2PF

REVISION TO PLANNING PERMISSION NO. 11/00566/FUL (DEMOLITION OF EXISTING DWELLING AND ERECTION OF NEW HOUSE WITH INTEGRAL GARAGE, NEW CROSSOVER, ENTRANCE GATES AND PIERS)

APPLICATION NO: 13/00007/FUL

8/13 WEEK WARD Hutton South 15.02.2013 DATE

PARISH POLICIES H15 CP1 C5

CASE OFFICER Kathryn Mathews 01277 312616

Drawing no(s) DESIGN AND ACCESS STATEMENT ; 411-110 REV 01 ; relevant to this 412-103 REV 00 ; 412-102 REV 00 ; 412-101 REV 00 ; decision: 412-100 REV 00 ; 413-001 REV 00 ; 413-002 REV 00 ;

This application was referred by Cllr Hirst from Weekly Report No 1577 for consideration by the Committee. The reason(s) are as follows:

Referred on the grounds of lack of clarity over conformity with Policy H15, with particular reference to proximity to the adjacent property.

Update since publication of Weekly List 1577

Hutton Mount Limited have withdrawn their objection to the proposal on the understanding that Officers are satisfied that the location and size of the building currently under construction at the site complies with the previous planning permission for the site. A further letter has been received on behalf of the owners of 2 Hillwood Grove stating that any damage to the hedge located along the boundary of the application site (but which originates within the ownership of 2 Hillwood Grove) would spoil the amenity on this boundary. Recommended condition 3 requires that existing trees, shrubs, hedges are replaced like for like when damaged which seems fair but the proximity of the new house would prevent new landscaping growing in this area. A restricted width access would appear to be a sensible compromise which would allow for maintenance and the retention of the hedge.

1. Proposals

Planning permission was granted for the erection of a new house with integral garage, new crossover, entrance gates and piers at the site in 2011 (reference 11/00566/FUL). The current application seeks the following amendments to the approved scheme:-

Front elevation:- - gable end over integral garage increased in depth (around 0.7m) to be flying gables over full width, instead of just the bay - bay window adjusted - porch, front wall, roof and dormer above adjusted - chimney relocated

Rear elevation - gable end increased in depth (around 0.9m) to be flying gable over full width, instead of just the bay - first floor bedroom window within gable adjusted - fenestration pattern to dining room window adjusted

North elevation - gable end and main roof adjusted to enable gutters to be the same height (increase in height of two storey side projection by around 0.2m) - other minor changes include an increase in the size of the three roof lights, inclusion of extracts for kitchen and garage on side elevation

South elevation - two first floor en-suite windows omitted - gable end and main roof adjusted to enable gutters to be the same height (increase in height of two storey side projection by around 0.2m) - omission of inglenook and chimney stack - two windows omitted and patio window for sitting room added - first floor obscured bedroom window enlarged and would now serve an en-suite - other minor changes include omission of one roof light and addition of a extracts for the TV/playroom

The application is accompanied by a Design and Access Statement.

Construction of the originally approved dwelling has commenced on site.

10 2. Policy Context

The National Planning Policy Framework (NPPF) came into effect on 27 March 2012 and is now a material consideration in planning decisions. The weight to be given to it will be a matter for the decision maker's planning judgment in each particular case. This Framework replaces all the national planning guidance documents as stated in the NPPF, including Planning Policy Guidance Notes and Planning Policy Statements. Notwithstanding this, the NPPF granted a one year period of grace for existing adopted Local Plan policies which has now ended, but, the NPPF advises that, following this 12 month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

Local Plan Policy:-

H15: Hutton Mount - requires new development to reflect the character and density of the surrounding area, a minimum net plot size of 0.1 hectares per dwelling, a building line frontage of not less than 18.3m and no part of any building shall be closer than 1.2m to the plot boundary.

CP1: General Development Criteria - sets out a number of criteria development will need to satisfy including requirements relating to impact on visual amenity, the amenity of nearby occupiers and highways.

C5: Retention and Provision of Landscaping and Natural Features in Development - sets out requirements for the retention of existing trees, hedges etc and provision of additional landscaping required to enhance any new development.

3. Relevant History

• 11/00566/COND/1: Discharge of Condition 3 (landscaping) of planning permission reference 11/00566/FUL for the demolition of existing dwelling and erection of new house with integral garage, new crossover, entrance gate and piers. -Application Permitted • 11/00566/FUL: Demolition of existing dwelling and erection of new house with integral garage, new crossover, entrance gates and piers. -Application Permitted

4. Neighbour Responses

Letters of objection has been received from the neighbour to the north (Vineyards) raising the following concerns:- - the garden room being constructed looks a lot higher than expected and has a large overhang which they did not expect - object to new gable with large overhang

11 - an extraction from kitchen and furnace proposed into the alley at a location close to their windows and would cause odour, fumes and health concern - the owner previously agreed to extraction through the roof - would incorporate large windows overlooking their property - gable would take more sunlight, openness, daylight and air from them - gable would make building even bigger and would not fit well in the neighbourhood - they were required to provide a high level window in their dormer which faces this site - verge overhang increased which would result in loss of daylight/sunlight and a severe detrimental impact on residential amenity - drawings suggest that removal of some hedgerow is required to achieve the 1.2m gap required

Letters of objection have been received from and on behalf of the neighbour to the south (no.2 Hillwood Grove) raising the following concerns:- - would not comply with Policy H15C which precludes building closer than 1.2m from a boundary if you include the roof overhang - an independent measurement to the boundary line is essential which, if not carried out before a decision is made, the existing hedge will need to be removed completely which goes against all the suggestions on the plans and would mean that a fence would be required in its place which goes against the rural character of this site and the original design intentions - the existing laurel hedge is drawn inaccurately as it does not extend as far as the face of the neighbouring property - submitted drawings suggest that this hedge (about 50 years old) would be cut back but is unlikely to survive; access on this side is not required as there is a path shown on the other side of the building - large window shown to sitting room would create overlooking - large window shown in en-suite (previous window omitted) and sitting room window look incongruous in the elevation - glazing to study window not noted as obscure - would be directly in line with utility room window which would create overlooking especially if hedge to be cut back - obscure glazing should be considered - the applicant should be advised that consent is required before the preserved Beech tree is cut back - condition should be imposed requiring that the laurel hedge remains as the boundary - the trunks of the hedge are inside the property of 2 Hillwood Grove

Letter from Estate Surveyors for Hutton Mount Ltd raising the following concerns:- - concerned that new house being constructed is too close to the side boundary with 2 Hillwood Grove - distance between side projection and boundary appears to be in the region of 450mm (approved drawings shows a distance of 1.2m) - this is against Hutton Mount Ltd rules and Brentwood Borough Council policies - the projection needs to be removed to provide the appropriate distance from the boundary

12 - projection, and the window in it, directly looks into the ground floor window of 2 Hillwood Grove but this could be resolved with obscure glazing

5. Consultation Responses

• :None

6. Summary of Issues

It is considered that the main issues which require consideration as part of the determination of the application are the impact of the proposed amendments to the scheme on the character and appearance of the area and the impact on the amenity of the occupiers of neighbouring residents.

The National Planning Policy Framework (NPPF) came into effect on 27 March 2012 and is now a material consideration in planning decisions. The weight to be given to it will be a matter for the decision maker's planning judgment in each particular case. This Framework replaces all the national planning guidance documents as stated in the NPPF (Annex 3), including Planning Policy Guidance Notes and Planning Policy Statements. Notwithstanding this, the NPPF granted a one year period of grace for existing adopted Local Plan policies which has now ended, but, the NPPF advises that, following this 12 month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

It is considered that none of the amendments proposed would result in the development having a materially greater adverse impact on the occupiers of any neighbouring residential property, subject to the imposition of conditions relating to some windows being obscure glazed to avoid the creation of opportunities for overlooking.

A proposed sitting room patio window is proposed at ground floor level on the southern elevation of the building. The proposed window would face the northern elevation of the neighbouring dwelling (2 Hillwood Grove) which does not contain any windows at ground floor level except for one which serves a utility room. As a utility room is not a habitable room, it is considered that this window would not result in a material loss of privacy to the occupiers of this neighbouring property.

It is recommended below that the proposed relocated and enlarged bathroom window at first floor level on the southern/side elevation of the proposed dwelling is provided with obscure glazed and fixed closed below eye level which would avoid a mutual loss of privacy.

13 It is considered that the proposed increase in height of the two storey side projections, as it would only be 0.2m and the increase in the size of three roof lights, would be insignificant and have no materially greater impact on the amenity of the occupiers of either neighbouring property by reason of dominance, loss of outlook, loss of sunlight or loss of daylight than the previously approved scheme (reference 11/00566/FUL).

The current application includes a proposal to increase the depth of roof of the main part of the dwelling by between 0.7m and 0.9m to extend over the first floor bay windows proposed. It is considered that this increase would not have a material impact on the appearance of the dwelling house and, given the small size of the increase proposed, the amendment would not have a materially greater impact on the amenity of the occupiers of any neighbouring property by reason of dominance, loss of sunlight or loss of daylight than the previously approved scheme (reference 11/00566/FUL). The 45 degree guidance would not be breached.

It is considered that the following:-

- proposed amendments to the porch and the front wall in the centre of the front elevation of the dwelling along with the roof and dormer above - the relocation of the chimney - amendment to fenestration pattern of the dining room window

would be minor and insignificant amendments to the approved scheme and so would not have an adverse impact on the character or appearance of the area or the amenity of the occupiers of neighbouring properties.

It is also considered that none of the proposed amendments to the scheme, due their nature, extent and design, would adversely affect the character or amenity of the local area. The external walls of the proposed dwelling would be no closer to the boundaries of the site than the approved scheme.

On the basis of the above, it is considered that the proposal complies with Local Plan Policies CP1 (criteria i, ii and iii) and H15, and the NPPF (paragraph 17), and it is recommended below that planning permission is granted.

With respect to the other matters which have been raised by objectors which have not been addressed above, the following comments are made:- - the site has been inspected by the Council's Enforcement Officer and Officers are satisfied that the location and size of the building currently under construction at the site complies with the previous planning permission for the site (reference 11/00566/FUL) - the hedges along both the side boundaries of the site were shown to be cut back as part of the previous planning permission for the site (reference 11/00566/FUL). The currently proposed scheme does not change this element of the proposal.

14 - the legal location of the side boundaries of the site and potential damage to neighbours' property are not material planning considerations and are civil matters which would need to be resolved privately between the relevant parties - the owner of the application site is aware of the restrictions in relation to the preserved Beech tree within the neighbour's garden - it would not be reasonable or necessary to impose a condition requiring the retention of the laurel hedge along the southern boundary of the site to which the neighbour refers as its loss would not adversely impact the character or amenity of the local area (as it is not visually prominent in the street scene) and its retention is not necessary to preserve the privacy of the occupiers of the neighbouring property (the hedge only provides screening to a footpath which runs adjacent to the northern elevation of the neighbouring property and a utility room window). As a result, it is not considered that the proposal contravenes Local Plan Policy C5. - three extraction points are proposed at ground floor level (two on the northern elevation and one on the southern elevation) of the proposed building. It is considered that the positioning of these extraction points is not a material planning consideration and would be dealt with under Building Regulations. Notwithstanding this, they would all be at least 3m from the side elevation of the neighbouring properties. As a result, it is considered that their use would not cause undue harm to the amenity of the occupiers of these neighbouring dwellings.

7. Recommendation

The Application be APPROVED subject to the following conditions:-

1 TIM01 Standard Time - Full 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, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 WIN02 Windows and Glazing - Obscured Glazing The three first floor windows on the side elevations of the building hereby permitted shall be:- a) glazed using obscured glass to a minimum of level 3 of the "Pilkington" scale of obscuration and b) non-opening below a height of 1.7m above the floor of the room in which the window is installed. And those windows shall remain so glazed and non-openable. (Note the application of translucent film to clear glazed windows does not satisfy the requirements of this condition)

Reason: In order to prevent an unacceptable degree of overlooking of nearby residential properties.

15 3 U04314 The site shall be landscaped in accordance with the landscaping scheme approved under application reference 11/00566/COND/1. The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or in accordance with a programme that has been agreed in writing by the local planning authority. Any newly planted tree, shrub or hedgerow, or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size, unless the local planning authority gives prior written consent to any variation.

Reason: In order to safeguard and enhance the character and appearance of the area.

4 DRA01A Development in accordance with drawings The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

Reason: To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

Informative(s)

1 INF02 Reason for approval: The proposal would accord with the relevant policies of the development plan as set out below. The Council has had regard to the concerns expressed by residents but the matters raised are not sufficient to justify the refusal of permission.

2 INF05 The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: H15, CP1 and C5 and the National Planning Policy Framework 2012.

3 INF04 The permitted development must be carried out in accordance with the approved drawings and specification. If you wish to amend your proposal you will need formal permission from the Council. The method of obtaining permission depends on the nature of the amendment and you are advised to refer to the Council’s web site or take professional advice before making your application.

16 4 INF21 The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

BACKGROUND DOCUMENTS

DECIDED:

1 1 1 1 6 6 6 1 6 1 6 1 6 1 6 1 6 1 6 1 1 6 6 6 1 1 1 1 1 6 6 6 6 6 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7

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VineyardVineyard 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4

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2266

3344

RRIDIDIDGGEEWAAYY

31 31 31 31 31 31

31 31 31

31 31

9 9 9 2 2 9 9 2 9 2 2 2 9 2 9 9 9 2 2 9 2 9 2 9 2 9 9 2 9 9 2 2 2 2

39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 39

KerannaKeranna

IssuesIssuesIssues

1 1

1 1 1 1 Title:Hazelhead 4 Hillwood Grove Hutton

18 SITE PLAN ATTACHED

05. 5 HALL GREEN LANE HUTTON BRENTWOOD ESSEX CM13 2RA

DOUBLE STOREY SIDE AND REAR EXTENSIONS, SINGLE STOREY REAR EXTENSION, AND ALTERATION WORKS TO FORM ADJUSTED GARAGE, OPEN PORCH/CANOPY TO FRONT, NEW WINDOWS AND LIGHT TUBES.

APPLICATION NO: 13/00101/FUL

8/13 WEEK WARD Hutton Central 18.03.2013 DATE

PARISH POLICIES CP1 NPPF

CASE OFFICER Mr Chris Tivey 01277 312725

Drawing no(s) VGAS/674/1 ; VGAS/674/2 ; VGAS/674/3 /A; VGAS/674/4 /A; relevant to this VGAS/674/5 /A; VGAS/674/6 ; VGAS/674/7 ; VGAS/674/8 ; decision: VGAS/674/9 ;

This application was referred by Cllr Kerslake from Weekly Report No 1580 for consideration by the Committee. The reason(s) are as follows:

On the grounds that the proposal would have an overbearing impact upon No.3 Hall Green Lane and specifically the impact upon that property's kitchen window outlook and its exterior sitting area.

Update since publication of Weekly List 1580

Further, since the weekly list report was published, two letters of objection have been received from the current owners of No.3 Hall Green Lane, objecting on the grounds that the two storey extension proposed will significantly impact on 3 Hall Green Lane by obstructing light through its massing effect. They state that it will affect their kitchen, en-suite, family bathroom and utility room. At present the kitchen has a side window which faces No.5 Hall Green Lane and has views over the open space of the neighbouring gardens - this view will be totally obscured, and light for the kitchen will be affected. The size of the proposed extension will have an overpowering effect on the pleasurable use of the garden area, creating a sense of enclosure they opine.

1. Proposals

Planning permission is sought for a double storey side and rear extensions, single storey rear extension, and alteration works to form adjusted garage, open porch/canopy to front, new windows and light tubes.

The two storey side extension would be 2.6m wide and 6 m deep, erected along the eastern boundary shared with No. 7 Hall Green Lane, it would have a ridge height of 7.5m. The two storey rear extension, situated to the western side of the rear elevation would be 4m deep and 4.75m wide, with a ridge height of 7.1m. The ridge height of the existing house is approximately 7.75m. Adjoining the eastern elevation of the two storey rear extension would be a single storey rear extension, with a mono-pitch roof at 3.9m high. This would be at the same depth (4m) with a small 900mm projecting bay; and would finish in line with the flank elevation of the proposed side extension.

The front elevation of the garage would be reduced back by 1.1m, with a single pitch roof being constructed over the remaining front projection off the proposed side extension, this lean-to roof would continue across the front elevation of the house, forming a canopy/porch over.

2. Policy Context

National Planning Policy Framework - Chapter 7

CP1 (General Development Criteria) Requires development to satisfy a range of criteria covering the following considerations: Character and appearance of the area; Residential amenities; Access; Highway safety; Environmental protection; and the Natural and Historic Environment.

3. Relevant History

• : - None

4. Neighbour Responses

One letter of objection has been received from the prospective purchaser of No.3 Hall Green Lane to the west, in summary objecting on the grounds that the proposal would adversely affect the visual and residential amenity of the neighbouring property.

20 They state that situated close to the boundary this would create a significant massing effect, overshadowing the property, compromising the natural daylight, and affecting the quality of living environment of the southeast facing kitchen, bathroom, utility room and en suite bathroom at 3 Hall Green Lane, which are currently designed to maximise the morning light .

With the rear building line of 3 Hall Green Lane exceeded by both neighbouring properties the garden would become hemmed in, creating an increased sense of enclosure. The decked outdoor seating area closest to the kitchen is the most private area of the garden and especially valuable to a family with young children. Under current plans a 2 storey blank wall would immediately overshadow this.

The proposed design blocks the outlook and natural light from the main kitchen window at 3 Hall Green Lane. This window is not detailed on submitted plans, but looks directly east at what under current proposals would be the (west side) elevation of the 2 storey extension. The omission of this important feature of 3 Hall Green Lane suggests it has not been considered by the applicants in their design.

5. Consultation Responses

• :None

6. Summary of Issues

The application site comprises a detached two storey dwelling situated to the south of Hall Green Lane, within a row of detached houses of a similar design and age.

Planning Policy: The National Planning Policy Framework (NPPF) came into effect on 27 March 2012 and is now a material consideration in planning decisions. The weight to be given to it will be a matter for the decision maker's planning judgment in each particular case. This Framework replaces all the national planning guidance documents as stated in the NPPF (Annex 3), including Planning Policy Guidance Notes and Planning Policy Statements. Notwithstanding this, the NPPF granted a one year period of grace for existing adopted Local Plan policies which has now ended, but, the NPPF advises that, following this 12 month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

21 Local Plan Policy CP1 - General Development Criteria

Principle of Development: The site lies within an area designated as residential within the Local Plan Proposals Map and as such the principle of the development is acceptable. The key issues are the design of the extensions in relation to the surrounding area and the host property and the effect on the living conditions of nearby neighbours.

Analysis The proposed extensions would appear as subordinate additions to the host property and protect the visual amenities of the street scene.

In terms of neighbour impact, the two storey side extension would be adjacent to No. 7, which has an obscurely glazed window on its facing elevation. In view of this and the fact that the rear elevation of the neighbouring property extends beyond the rear elevation of the side extension it is considered that no loss of amenity would result to the occupants of that property.

In terms of the impact that the proposal would have upon No.3, that neighbouring house has been extended significantly, the proposed two storey rear extension would extend approximately 1.9m beyond the rear elevation of a single storey utility room but would not conflict within a 45 degree line as drawn from the eastern edge of this window.

The prospective purchasers refer to a side kitchen window that faces the application site also being harmed, however this would be set further away from the shared boundary by an additional 2.7m. Taking into account the fact that this window would still maintain a degree of outlook; and that the kitchen is also naturally illuminated by a pair of French doors and a rooflight, it is not considered that the proposal would be overbearing in nature or give rise to a material loss of light. As in any residential situation there is a degree of mutual overlooking and on this basis it is considered that the proposal would protect the amenities of the occupants of neighbouring properties.

Because of the southern orientation of the rear gardens, the development would not result in the rear patio of No. 3 Hall Green Lane being overshadowed to a degree that would result in significant and demonstrable harm, justifying the refusal of planning permission.

Consequently, the proposal complies with Policy CP1 of the Brentwood Replacement Local Plan and the NPPF.

7. Recommendation

The Application be APPROVED subject to the following conditions:-

1 U04570 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, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 U04571 The development hereby permitted shall not be carried out except in complete accordance with the approved drawings listed above.

Reason: To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

3 U04572 The materials to be used in the construction of the external surfaces of the extensions hereby permitted shall match those to be used in the existing building.

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

Informative(s)

2 INF05 The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: CP1 and the National Planning Policy Framework 2012.

4 INF21 The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

BACKGROUND DOCUMENTS

DECIDED:

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6 6 6 6 6 6

7 7 7

7 7

7 7 7 7 7 7

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1 0 1 1 0 1 1 0 0

0 0 1 0 1 1 1 1 1

5 5 5 5

5 5

5 5 5

5 5 5 5 5 5

78.6m78.6m HuttonHutton FreeFree ChurchChurch

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99 99999 99999999

11 11111 11111111 1616 1122 22

79.2m79.2m

HHAALLLL GRREEEENN LLAANNEE

81.6m81.6m

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5 5 5 5 5 5 1 1 1 1 5 5 5 1 1 5 1 5 1 5 5 1 1 5 5 5 5 1 1 1 1 1 1 1

3 3 3 3 3 1 3 1 1 1 1 3 1 3 3 3 1 3 1 3 1 1 3 3 1 1 3 3 3 1 1 1 1 1

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

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111 11111 1111111

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C 1

C 4

CC 4

H 4

CH 4 4

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CHH 4

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S SSS S SS SSSSS

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GGGG G G GGG 1 G G RRR 11 11 GGG R RR 11 1 R R 1 1 RRR 11 RRRRRR 11111

111 1 1 1 1 1 1 1 11 RRRR 11111 R RR RR RR UUUUUU RRR UUU UUUUUU

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3 O 3

O 3

LB 3

LB OOO

LB 3

O OO

LB O 3

O 3 LBLB O O 3

O 3 O O 3 3 LB OOO 3 O 3 LBLB O 3 LB O LB O O OOOOOO

EEEE E EE EE EE EEE CCCCCC CCC CCCCCC

G GGG GGG GGGGG

T TTT TT T TT TTTTTT

S SSS S SS SSSSS

RRRRR RRRR RRRRRR

CCCCC CCCC

CCCCCC

5 5 5 5 1 1 1 5 1 5 5 1 5 1 5 1 5 1 5 1 5 1 5 5 5 1 1 5 1 5 1 1 1

79.5m79.5m 1

0 0 0 0 1 0 0 1 1 1 0 1 1 0 0 0 1 0 1 0 1 1 1 0 0 0 1 0 0 1 1 1 1 1

7 7 7 7 7 7 7 7 7 0 0 7 7 0 0 7 0 7 7 0 0 7 7 7 0 0 0 0 0 0 0 0 0 0

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WWW FF W WWW FF F W WW F FF WW W F F F WWWW FFFFFF

FFF F FFF F F F FF F CCC FFFF C CCC C C C

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8 8

8 8 8

8 8

8 8 8

7 7

7 7 7

7 7

7 7 7

1 1

1 1 1

1 1

1 1 1 PP PPAARRKK AAVV AVVEENNUUEE

FFFFFF FF F FFFFFFF

CCCCCC CCC CCCCCCC

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