Agenda item

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

Report of the Executive Director (Public Protection, Planning and Governance) setting out an application requesting the variation of condition 2 attached to application referenced 6/2016/0391/VAR which approved the “Variation of condition 1 (approved plans) on planning permission 6/2015/2223/HOUSE for the 'Erection of single storey side/rear extension, including extending the roof to form habitable accommodation’”.

Section 73 of the Town and Country Planning Act 1990 (as amended) allows the determination of applications to develop land without compliance with conditions previously attached.  In this case, the applicant requests the variation of condition 2, which stated “All side facing dormer windows of the building shall be glazed with obscured glass and shall be fixed so as to be incapable of being opened below a height of 1.8 metres above floor level, and shall be retained in that form thereafter.  Obscured glazing shall be installed within 3 months of the date of this decision and shall be retained in that form thereafter.”  The reason for the imposition of this condition on the approval was to protect the residential amenity of the occupiers of adjoining dwellings.

The proposed variation would re-word the conditions so as to alter the height from 1.8m to 1.7m and allow the windows below 1.7m to have a restricted opening of 15 degrees alongside the removal of the windows within the foremost dormer on the north facing elevation from the condition.  Accordingly, the condition would be worded as follows –

“All side facing dormer windows within the south facing elevation, as well as the rearmost and central side facing dormer windows within the north facing elevation of the proposed building shall be glazed with obscured glass and shall be fixed so as to be incapable of being opened beyond 15 degrees below a height of 1.7 metres above floor level. The works described above shall be completed within 3 months of the date of this decision, and shall be retained in that form thereafter.

REASON:  To protect the residential amenity of adjoining occupiers in accordance with Policy D1 of the Welwyn Hatfield District Plan 2005.”

The key considerations in this case, were whether the revised condition would sufficiently protect the amenity of the occupiers of adjoining premises, and whether the proposed condition would comply with the six tests of conditions as laid out in paragraph 206 of the National Planning Policy Framework (NPPF) (hereby referred to as the six tests).

Reason for Committee Consideration

This application is presented to the Development Management Committee because Northaw and Cuffley Parish Council has objected.

Late representation in the form of photographs from the neighbouring properties at numbers 43 and 47 together with the following addendum from Officers had been received.

Addendum to item 9 of part 1 of the Welwyn Hatfield Borough Council Development Management Committee dated 30 March 2017 read as follows:-

The addendum was in reference to the wording only of the condition proposed to be varied in application referenced 6/2016/1855/VAR at 45 Northaw Road East, Cuffley, Potters Bar, EN6 4LU.

The proposed condition in the committee report stated –

“All side facing dormer windows within the south elevation, as well as the rearmost and central side facing dormer windows within the north elevation of the proposed building shall be glazed with obscured glass and shall be fixed so as to be incapable of being opened beyond 15 degrees below a height of 1.7 metres above floor level. The works described above shall be completed within 3 months of the date of this decision, and shall be retained in that form thereafter.

REASON: To protect the residential amenity of adjoining occupiers in accordance with Policy D1 of the Welwyn Hatfield District Plan 2005.”

Following correspondence with the agent for the application, it has been agreed that the following condition would better describe the resultant fenestration detailing within the property –

“All side facing dormer windows within the southern elevation at roof level, as well as the rear most and central side facing dormers within the northern elevation at roof level, shall be fixed with obscure glass up to a height of 1.7m above floor level. These same windows should be incapable of being opened beyond 15 degrees below a height of 1.7m above floor level. The works described above should be completed within 3 months of the date of this decision and shall be retained in that form thereafter.

REASON:  To protect the residential amenity of adjoining occupiers in accordance with Policy D1 of the Welwyn Hatfield District Plan 2005.”

Officers explained that the addendum had been provided for clarity as the change in wording would not impact on the considerations within the report.

Mrs Carolynn Apcar (Agent for the applicant) spoke in favour of the application.

Northaw and Cuffley Parish Councillor Andrea Allgood spoke against the application.

Mr David Chapman (Objector) spoke against the application.

During consideration of this application the follow discussion ensued:-

Ø  Members stated that they were very concerned that a further application to vary conditions had been made.  The original application for three dormer windows had been approved, however a fourth dormer window had been built.

Ø  Members acknowledged the difficulties caused by the omission of conditions requiring non-opening windows with obscured glazing to be included when the original application had been approved.  The situation had been exacerbated by the Council’s policy of not permitting the roof height of the bungalows to be changed.

Ø  Overlooking into the neighbouring property’s habitable room was very apparent and had to be addressed.  The neighbour’s privacy must be respected.

Ø  Members considered that there were alternative methods of ventilation available for the rooms other than allowing a 15 degree opening.  All side facing windows should be obscured glazed to avoid overlooking and to preserve the privacy of the neighbouring properties.  The skylight to the habitable room in number 43 was the only source of natural light for that room.  In order to preserve their privacy the residents of number 43 should not be required to install window dressings to the skylight.

The Chairman advised that roller blinds could be installed on Velux windows.  The Chairman went on to raise concerns regarding the proposal to install obscured glazing to a maximum height of 1.7m, as when he tested the proposed height he was able to see over but not at 1.8m

In conclusion, the Committee agreed that the proposed changes to the conditions would have a detrimental impact on the amenity value of the adjoining properties together with a loss of privacy.  

It was then moved by Councillor S.Markiewicz, seconded by Councillor I.Dean, and

RESOLVED:

(13 voting for, 2 against and 1 abstention)

That planning permission for application 6/2016/1855/VAR notwithstanding the Officer’s recommendation for approval be refused for the following reason:

REASON:  The proposal by virtue of the introduction of an opening mechanism and the reduction in the level of obscure glazing in the wording to the revised condition would result in an unacceptable impact on the living conditions of neighbouring properties resulting in a loss of privacy by way of overlooking. Accordingly, this would fail to respect the living conditions currently enjoyed by the occupiers of these properties contrary to the provisions of Policies D1 and D2 of the Welwyn Hatfield District Plan 2005 and Chapter 7 of the National Planning Policy Framework.

POSITIVE AND PROACTIVE STATEMENT

The decision has been made taking into account, where practicable and appropriate the requirements of paragraphs 186-187 of the National Planning Policy Framework and material planning considerations do not justify a decision contrary to the development plan (see Officer’s report which can be viewed on the Council's website or inspected at these offices).