Agenda item

Report of the Director (Governance).

The report of the Head of Planning set out an appeal against the refusal of Estate Management Consent for the replacement of the front door.  The application (/2016/0842/EM) was refused on 15 July 2016 for the following reason:   

“The proposed alteration to the colour of the front door would be detrimental to the appearance of the subject property, the surrounding streetscene and the character and appearance of Welwyn Garden City; contrary to Policy EM1 of the Welwyn Garden City Estate Management Scheme”.

The proposal was for the replacement of the existing front door. The proposed front door would utilize UPVC or composite materials and would be identical in design to that which was existing at the premises.  However the colour of the replacement door would be altered to midnight blue.

The key issue in the determination of this appeal was the impact the development would have on the amenities and values of the subject property, the surrounding area and Welwyn Garden City. 

The appeal property was located on a substantial plot at the junction of Youngs Rise and Valley Road.  The property was set back approximately 30 metres from the street frontage and was encircled by mature hedges which are approximately 1.5 metres in height. 

Policy EM1 of the Estate Management Scheme (EMS) states that extensions and alterations would only be allowed where the works are in keeping with the design, appearance, materials and architectural detail used in the existing building, and would not harm the amenities and values of the area. 

With the above mentioned policy in mind, it was considered that although the design of the new door would be in keeping with others in the locality, the proposed (midnight blue/navy) colour would not and as such the proposal would be contrary to policy EM1 of the Estate Management Scheme as the majority of properties in the locality have front doors that are either white or pastel in colour.

The Council acknowledged that there were examples of front doors within the vicinity of the site which did not conform to the general appearance of properties. One such example at 30 Youngs Rise was cited as an example. Like the appeal property, this house was also set back from the street frontage and was enclosed by hedges.  This property also had a midnight blue front door. Members noted that this development was unauthorised. Estate Management Consent had not been sought or granted for this development.

The proposed development would, by reason of the proposed colour of the front door, fail to comply with the requirements of Policy EM1 (Extensions and Alterations) of the Welwyn Garden City Estate Management Scheme. Permitting this form of development would serve to undermine the character, appearance and values of the Estate Management Scheme and its policies.

Members expressed the view that the proposed front door would not be harmful to the visual amenity of the area.  The impact of colour of the then proposed front door would not be as harmful to the visual amenity of the area as would a change to the design of the door.

The Chairman reminded the Panel that at its last meeting it dismissed an appeal on the colour of a front door which was not in accordance with the Estate Management Scheme.

It was moved by Councillor J.Beckerman, seconded by Councillor M.Larkins and

RESOLVED:

(5 voting for, 1 against)

That notwithstanding the Officers recommendation to refuse consent and dismiss the appeal, the appeal be allowed and consent granted, subject to the following conditions:-

1.       All works carried out in pursuance of this consent shall be and remain part of the Premises and shall be subject to the terms and conditions of the conveyance in all respects as if such works had at all times formed part of the Premises.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

2.       This consent or copy hereof shall be annexed to the Conveyance.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

3.       There shall be no encroachment over the boundary of the plot either above or below ground level, nor any interference with the foundations of the adjoining property without the agreement of the adjoining owner or lessee.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

4.       This consent now issued is given by the Council only in accordance with the requirements of the Management Scheme/Conveyance or Leasehold Covenants.

REASON:  To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

5.       The development/works shall not be started and completed other than in accordance with the approved plans and details:

Location Plan II & Existing and Proposed Elevations.

REASON: To ensure that the development is carried out in accordance with the approved plans and details.