Agenda item

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

Report of the Executive Director (Public Protection, Planning and Governance) detailing this application seeking planning permission for the erection of detached annexe in rear garden following the demolition of existing shed, studio and greenhouse.

Mrs Andrea Allgood, (Objector) spoke against the application.

Northaw and Cuffley Parish Councillor Bob Stubbs spoke against the application.

Members discussed the application and expressed the following views.

•        The proposed development was not a like for like replacement of the existing structures.

•        Members did not consider the proposed development to be an annexe, as it was not close or adjacent to the house. Nor was it joined to the existing house, which is what was understood to consist of an annexe.

•        Although legally considered to be an annexe, Members were of the view that an annexe would allow a family member, with health or mobility issues, to live independently in close proximity to the main family house.  Considered to be the case with this application.

•        Special circumstances of family had not been given for the reasons as to why such a construction would be necessary.

•        The proposed development could accessed easily through the existing garage, as the up and over door could be changed to a domestic door.

•        Access to the railway station could easily be gained through the rear garden gate.  The right of access along this stretch of land was queried, together with the access route along the alley behind the property.  It was proposed that the new development would be beyond the fence line. 

•        Should a person be sufficiently determined, they would be able to pass through the woods to gain access to the proposed development from the railway line area.

•        The proposed development was considered to be a substantial building with a living and dining room, which could be relatively easily converted into a two bedroom property, independent of the main house.

•        It would be virtually impossible to enforce the occupation of the proposed building to that of a family member.

•        The proposed property was not considered to be ancillary to the house, it was a new house.

•        Members believed that the proposed development would be rented out by word of mouth.

•        Concerns were raised regarding the possibility that the proposed development could be occupied by anyone, unrelated to the family and of the owner turning the annexe to the house in to a house of multiply occupation (HMO).

•        Further concerns were raised regarding the impact of the proposed development would have on the parking in the road.

Members were advised by Officers that the proposed development was legally considered to be an annexe and that an ancillary building did not have a separate address nor separate bills to the main dwelling. 

The Members were further advised that should they be minded to an additional condition preventing a kitchen to be within the building, this would prevent the proposed property from being used as a separate dwelling to that of the main house.  In order to enforce, evidence would be required to show the building was a completely separate dwelling.  A kitchen would indicate that the dwelling was separate to the main house.

Following discussion, it was proposed by Councillor S.Markiewicz, seconded by Councillor P.Zukowskyj to accept the Officers recommendation.  On being put to the vote this was lost (6 votes for and 8 against).

It was then proposed by Councillor S.Markiewicz, seconded by Councillor J.Weston   to include an additional condition that no kitchen be allowed in the proposed building.

RESOLVED:

(8 voting for, 4 against)

That planning permission for the 16 The Meadway, Cuffley, EN6 4ES - 6/2017/1648/HOUSE be granted subject as recommended with the following additional condition:

Notwithstanding drawing number 2017/04 and condition 4, no kitchen shall be installed in the building at any time.

REASON:  To ensure that the building remains ancillary to the main building and an independent dwelling does not result which would require an assessment of the amenity for both existing and proposed residents on site and adjoining premises as well ensuring matters such as, but not limited to, appropriate parking provision is provided, in accordance with the Welwyn Hatfield District Plan policies D1 and D2 and the National Planning Policy Framework 2012.