Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance).

Report of the Corporate Director (Public Protection, Planning and Governance) on the erection of the single storey outbuilding to function as a studio and treatment room.

No. 2 Mardleybury Court was a two storey terrace house set in a staggered row of matching properties. Numbers 1, 2 and 3 and 8 and 9 were two storey houses while Numbers 4 to 7 were on higher land and were single storey houses. All the houses were finished in the same materials.

Although the properties had vehicle access and parking to the rear, the north-west elevation facing onto Mayshades Close represented the principal front elevation of the property. The front door was accessed by foot along a pedestrian path that ran in front of the neighbouring houses in the row and was accessed from the main road (B197 - London Road) to the west.

The application site was a garden area on a corner plot between two perpendicular rows of garages. The garage to the west of the application site and garden area were within the ownership of the property. The garage provided pedestrian access to the application site which measured approximately 30 square metres in area and was predominately uneven soil bounded by the existing garages on the west and southern boundaries. The other boundaries were enclosed by approximately 1.8 metre high wooden fencing and trellis and in many places was dilapidated. A large Scots Pine was located on the north eastern corner of the application site which was not covered by a Tree Preservation Order and was within the ownership of 1 Mayshades Close garden which formed the northern boundary. 

This application was presented to the Committee because Borough Ward Councillor J.Cragg has called it in on the grounds of:-

“1) Lack of car parking.

2) Upsetting neighbours’ amenity value as they have a right to peaceful enjoyment of their property. Hampered if cars park inconsiderately.”

Woolmer Green Parish Council had objected and Parish Councillor A.Gribble presented the objection on the grounds of the arrangements for parking and access and over-development of the site as the proposed studio/ treatment room filled the whole of the garden area and called for the application to be deferred until these issues could be resolved.

Borough Ward Councillor J.Cragg spoke against the application supporting the Parish Council’s objection saying that the parking arrangements needed to be looked at.

Late representations had been received from Hertfordshire County Council as Highways authority confirming that there was no objection.

Welwyn Hatfield Borough Council Environmental Health Service had no objection in respect of traffic noise levels. A local resident had objected on the grounds of increased parking congestion.

Following discussion, it was proposed and seconded by Councillors S.Boulton and A.Chesterman and

RESOLVED:

(unanimous)

That planning permission be approved subject to the conditions as set out in the report and an additional condition as follows:-

CONDITION:  The studio/treatment room hereby permitted shall be used for the specified business purposes only by persons resident/in occupation of the adjoining dwelling at 2 Mardlebury Court, Woolmer Green and shall not be separated from or used as an independent business unit by any other person(s).

REASON:  The permitted building is designed as an adjunct to and ancillary to the dwelling at 2 Mardlebury Court Woolmer Green, and if used independently from the house at 2 Mardlebury Court the permitted building and the existing dwelling house would each be likely to have inadequate access, servicing and parking facilities which would lead to additional car parking demand within the vicinity of the site where there is already high parking demand to the general detriment of the amenities of the area.

INFORMATIVE:  This permission does not convey any consent which may be required under any legislation other than the Town and Country Planning Acts. Any permission required under the Building Regulations or under any other Act, must be obtained from the relevant authority or body e.g. Fire Officer, Health and Safety Executive, Environment Agency (Water interest etc. Neither does this permission negate or override any private covenants which may affect the land.