Agenda item

The report of the Head of Planning sets out an appeal against the refusal of Estate Management Consent for the formation of a new driveway, the removal of a conifer and replacement silver birch tree.

The report of the Executive Director (Public Protection, Planning and Governance) set out an appeal against the refusal of Estate Management Consent for the formation of a new driveway, the removal of a conifer and replacement silver birch tree.  The application was refused on 30 August 2016, as the proposal would not have retained a 50/50 balance between soft and hard landscaping, which would result in the loss of mature trees and soft landscaping including the loss of hedgerows and would be detrimental to the appearance of the surrounding street scene and contrary to Policies EM3 and EM4 of the Welwyn Garden City Estate Management Scheme.

The report highlighted that the appeal site comprises an end-of-terrace, two storey dwelling with detached garage.  The detached garage is set back from Valley Road and to the side of the appeal property.  The proposed driveway would extend the existing driveway to the front of the property and would also be alongside the side which leads to the garage.  The materials of the proposed driveway had not been stated.

The key issue in the determination of the appeal was the impact on the amenities and values of the surrounding area.

Members were advised that the appellant had submitted a new plan (p21 of the pack) which showed the required 50/50 split, in line with the requirements of policy EM4 of the Estate Management Scheme.  The plan also indicated that a small portion of the front hedge would be trimmed and the conifer tree replaced with a silver birch.  The two plans were considered side by side and the amendments were deliberated and Members asked questions in respect of the drainage and retaining front hedge, together with amendments to front gardens of properties on either side the application property. 

Members were of the view that the revised plan would not be detrimental to the street scene and the local amenity value.

It was moved by Councillor F Thomson, seconded by Councillor J Beckerman and

            RESOLVED

            (unanimously)

That the appeal be allowed in view of the amended plan submitted as part of the appeal and Estate Management 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.      Only that part of the hedge required for the access of the hard standing shall be removed and the remainder shall be retained.

         REASON:   To protect the visual amenity of the area in accordance with the requirements of the Estate Management Scheme and Policy EM3.

6.      The driveway shall be constructed to prevent rain from running off into the highway.  This shall be of porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling house.  The development shall be retained as such thereafter.

         REASON:   To protect the character and appearance of the site and area and the amenities of the area in accordance with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City and Policies EM3 and EM4.

7.      No works to the conifer tree or development hereby approved shall take place until full details on a suitably scaled plan of the replacement tree have been submitted to and approved in writing by the Council.  Those details shall include the location, size and exact type of tree to be planted.  Subsequently, the approved replacement tree shall be planted within the next available planting season and shall not be planted, other than in accordance with the approved details.

         REASON:   The replacement tree is required in order to protect and enhance the existing visual character of the area in accordance with Policy EM3 of the Estate Management Scheme.