Report to Regulatory Committee – Development Control Subject: Appeal Decisions Quarterly Summary Report Report Ref: Appeals Qtr Report 05.14 – 07.14 Ward(s): All Key Decision: Report of: Planning & Development Manager Julie Hardman/Jason Gregory – Direct Line (01256) 845765 Contact: e-mail – [email protected] Appeal Decisions published by The Planning Inspectorate. Papers relied on to http://www.planningportal.gov.yk/planningionspectorate produce this report Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN SUMMARY 1 This Report 1.1 Attached as Appendix A and B is a summary analysis of the appeal decisions received from the 01.05.2014 to 31.07.2014. This highlights some of the issues drawn out by the Inspectors in arriving at their decision and which should be taken into account when future decisions are made, but is by no means a summary of all the issues referred to in the Inspectors’ decision notices. 1.2 Those decisions of particular note have been more fully detailed in Appendix A. A full copy of the decision letters can be requested from the contact above. 1.3 Any comments or suggestions on this quarterly report are welcomed from Members. Members may want to note that the next Appeal Summary Report will be reported to the 17 December 2014 Development Control Committee meeting. 1.4 Any costs decisions are reported with each planning appeal. The agreed amount is finalised sometime after the appeal decision is issued. Between 01.05.2014 and 31.07.2014 there has been 1 settlements to report to members as follows: Application 13/02092/FUL at 41 London Road, Old Basing for change of use of residential dwelling to 11 bed HMO. Details of the costs decision are set out in Appendix B below. A settlement of £1408.47 has been agreed. 2 Recommendation It is recommended that: 2.1 Members of the Development Control Committee note the outcomes of the appeal decisions and the reasons given for those decisions. 1 of 8 PRIORITIES, IMPACTS AND RISKS Contribution to Council Priorities This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priority/priorities of planning policies that safeguard local distinctiveness, protecting our environment. MAIN CONSIDERATIONS 3 Corporate Implications 3.1 Financial Implications 3.1.1 As set out above in relation to one recorded costs settlement. 3.2 Risk Issues 3.2.1 There are no risk issues from this report. 3.3 HR Issues 3.3.1 There are no HR issues from this report. 3.4 Equalities 3.4.1 There are no equalities issues from this report. 3.5 Legal Implications 3.5.1 There are no legal implications from this report. 3.6 Any Other Implications 3.6.1 There are no other implications from this report. 2 of 8 APPENDIX A 05/06/2014 Land West of Cufaude Lane, Bramley Enforcement Notice EC/13/00170/pcu Dismissed Decision Level: Delegated The breach of planning control as alleged in the notice is the change of use of the land from agricultural to residential; the siting of two mobile homes/caravans for residential occupation; the installation of a septic tank and associated pipework; the erection of a wooden clad utility building; the laying of hard standing; and the formation of a vehicular access onto a classified road, Cufaude Lane. The site is within a floodplain and there was no satisfactory evidence that the flooding issue could be resolved. The access is considered to be potentially dangerous and adequate site-lines cannot be provided. The enforcement notice is varied and the time for compliance replaced with 12 months. Policies referred : E1; C1 – Basingstoke & Deane Local Plan 3 of 8 APPENDIX B 06/05/2014 13 Elbow Corner, Basingstoke 13/02744/HSE Dismissed Decision Level : Delegated Recommendation : Refuse The development proposed is a first floor rear extension and front porch. The proposed extension would have an overbearing visual impact upon and would reduce excessively daylight to the rear of No 8 including its only first floor window and much of its rear garden. This would be due to the scale and length of that part of the extension that would be seen from No 8 and its close proximity to the intervening side boundary. This adverse effect would be compounded by the existing presence of a substantial range of buildings extending along the opposite side boundary of No 8 and which prevents this property enjoying an aspect to the east. Policies referred : E1 – Basingstoke & Deane Borough Local Plan 06/05/2014 6 Barbel Avenue, Basingstoke 13/02318/RET Dismissed Decision Level : Delegated Recommendation : Refuse The development proposed is a loft conversion with velux windows to front & rear elevations, to form additional bedroom, PD rights removed. The occupation of the resultant dwelling would be highly unlikely to have a material impact on the demand for and availability of on-street parking spaces or highway safety. Policies referred : E1 and A1 – Basingstoke & Deane Borough Local Plan 13/05/2014 Moniton Trading Estate, fronting West Ham Lane 13/02079/RET Dismissed Decision Level : Delegated Recommendation : Refuse The development proposed is use of garage and land in connection with a tyre fitting business. The use has the potential to materially and seriously compromise vehicular, cycle and pedestrian highway safety within West Ham Lane. Policies referred : E1 – Basingstoke & Deane Borough Local Plan 4 of 8 14/05/2014 5 Holly Drive, Old Basing 14/00208/HSE Allowed Decision Level : Delegated Recommendation : Refuse The development proposed is the demolition of existing garage and new single storey side and rear extensions The development would extend out from the front of the house at an obtuse angle. However, its alignment to the side boundary would be apparent and it would thus appear as a logical design response. The step down from the ridge of the house would ensure a satisfactory degree of subservience and the fact it replaces the existing detached garage would mean that it would not appear disproportionately large. Policies referred : E1 – Basingstoke & Deane Borough Local Plan SPD – Extending Your Home and Replacement Dwellings 29/05/2014 Ashe Warren Farm, Ashe Lane, Ashe Warren BDB/77668 Allowed Decision Level : Delegated Recommendation : Refuse The development proposed is for erection of new training and office facility. There is no justification to require the appellant to make a financial contribution to local infrastructure provision. The proposal would not result in any harm the landscape or the scenic beauty of the AONB. Policies referred : C1, A2 – Basingstoke & Deane Borough Local Plan 03/06/2014 41 London Road 13/02092/FUL Allowed Decision Level : Committee Recommendation : Allow The development proposed is change of use to an 11-bed HMO There are a number of facilities within reasonable walking distance. Given also the viable alternative uses to a car, it is concluded that the site is not in an inappropriate, unsustainable, location for the proposed use. Subject to the proposed access and related highway improvements the development would not be harmful to highway safety. Costs: 5 of 8 The Committee understood that the site could accommodate 11 parking spaces, it is unclear why they were concerned that the provision of 9 unallocated spaces, as proposed, would lead to insuperable parking and highway safety difficulties, contrary to the advice of their officers. They Council have incorrectly assessed the proposal against the provisions of the SPD and failed to provide accurate and reliable evidence to support their case. Policies referred : A1, A2 and E1 – Basingstoke & Deane Borough Local Plan. 11/06/2014 Land adjacent to 34 Bond Close, Tadley EC/13/00249/UNS Dismissed The breach of planning control alleged in the notice is “the change of use of the Land from residential land to B8 storage purposes including but not limited to storage of motor vehicles and other such items of debris, including but not limited to old Belfast sinks, drainage pipes, tarpaulin and fence panels”. Policies referred : A1, A2, E1 – Basingstoke & Deane Borough Local Plan 20/06/2014 Wildwood Farm, Newnham Lane EC/13/00130/PCU Upheld The breach of planning control as alleged in the notice is the change of use of the Land from agricultural use to use for the storage, processing and distribution of non-agricultural items including, but not limited to, window frames, glazing, sills, door frames, doors, skips, racking and motor vehicles and associated non-agricultural ancillary office use. The requirements of the notice are not excessive and lesser steps would not overcome the breach of planning control identified. Plan B attached to the notice inaccurately identifies the areas of the building occupied by the unauthorised development. There is no ‘storage, processing or distribution’ of motor vehicles as alleged in the notice, but only ancillary parking. Policies referred : E1, A1, C1 – Basingstoke & Deane Borough Local Plan 20/06/2014 Wildwood Farm, Newnham Lane BDB/77158 Allowed The development is use of part of the barn for storage and distribution with ancillary parking and outside storage. The impact of vehicle movements and parking generated by the appeal development is not of such significance as to result in a material change or harm to the character of the area. The development does not generate traffic of a type or amount inappropriate for roads, properties or settlements in the locality, and provides safe and convenient access for all potential users, integrating into existing movement networks. In the event that any section or sections of the hedge would need to be removed, there is insufficient justification for concluding that protected species would be adversely affected as a result. 6 of 8 Policies referred : E1, E6, E7, C1, A1, A2 – Basingstoke & Deane Borough Local Plan 23/06/2014 Widmoor Farm,College Lane, Ellisfield 13/01052/LBC Dismissed Decision Level : Delegated Recommendation : Refuse The works proposed are replacement of existing Crittall windows with new timber units.