Agenda item

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

Report of the Executive Director (Public Protection, Planning and Governance) detailing alterations to extended dwelling to include: removal of five dormer windows, removal of first floor side extension, replacement of two storey front extension with single storey entrance porch and retention of single storey rear extension. 

Members noted that the application had been due to be reported to Development Management Committee on 14 September 2017.  The application had been deferred following a late representation from Hertfordshire Ecology in order to enable a Bat Assessment to be done.  A Bat Assessment had been undertaken in November 2017 and a Survey Report and Mitigation Strategy submitted by the applicant in December 2017.  Hertfordshire Ecology had been consulted and responded that, subject to conditions over further bat surveys and a mitigation strategy being implemented, the report and mitigation strategy were acceptable and the development would not have an unacceptable impact on Protected Species. 

Following the Planning Inspectorate’s appeal decision from a previous planning enforcement decision (ENF/2010/0261) it was decided that the application would seek to negotiate an acceptable scheme for the house and that the issues of the hardstanding area and the garage/outbuilding would be dealt with through subsequent applications.

The application site comprised Flint House (also known as Flint Cottages), a two storey detached dwelling and its grounds.  The site was in the Green Belt, covered an area of 0.23Ha and included a block of stables, a large outbuilding a yard area and an area which was previously used as a ménage.

The existing house consisted of two cottages which were joined into one house and extended.  The existing materials were brick at ground floor, painted render at first floor and tiles on the roof.  Some of the extensions had been granted planning permission while some were the subject of an extant Enforcement Notice.

The applicants had originally appealed the Enforcement Notice mentioned above.  However, the appeal had been dismissed (APP/C1950/C/13/2206775)and the Inspector upheld the enforcement notice (Dated 1 April 2014) against breach of Condition 4 of 1994/0260/FP (which had removed Permitted Development Rights).  The Inspector expected discussions to take place between the Parties to try to find a solution following the appeal proceedings.  It was acknowledged that this may take time.  The Inspector also commented that the Council had, under the provisions of s.173A of the 1990 Act, the power to waive or relax any requirement in a notice and may extend any period for compliance.

In the current application, full planning permission was sought for alterations to:

·         The extended dwelling to reduce its size to address the unauthorised works

·         Removal of five dormer windows, retention of one dormer on front to house stairs to roof space

·         Removal of the first floor side extension at west side, replacement with cat slide roof

·         Replacement of the two storey front extension with a single storey entrance porch (10sqm in lieu of 3sqm canopy porch)

·         Retention of enlarged single storey rear extension replacing approved conservatory (50sqm larger)

·         Reduce size of floor area in roof (to 68sqm from 78sqm)

The proposals presented were submitted by the applicant on the advice from Officers to submit an application that would purely concentrate on the dwelling and to seek a ’baseline’ that was reflective of planning permissions granted at the property.

The enlarged garage building did not comprise part of the application.  However, it remained subject to the extant Enforcement Notice.  The application had been presented to the Development Management Committee because North Mymms Parish Council had objected to the proposal.

North Mymms Parish Councillor Jacqui Boulton, spoke against the application, stating that the height of the existing building was disproportionate in scale and the extensions were inappropriate and harmful to the Green Belt.  Should the proposal be granted permission there would be a significant detrimental impact on the Site of Special Scientific Interest as the property was located in Hawkshead Wood and Redwell Wood a Site of Special Scientific Interest (SSSI). 

Following discussion, the Committee were of the view that scale of the development would remain overbearing; out of keeping and harmful to the Green Belt and that very special circumstances had not been identified.

It was then proposed by Councillor I.Dean, seconded by Councillor M.Cowan and

RESOLVED:

(12 voting for and 2 against)

That planning permission for Flint Cottage, Blackhorse Lane, Potters Bar, EN6 3NB - S6/2014/2003/FP notwithstanding the Officer’s recommendation for approval be overturned and refused for the following reason.

By virtue of its resultant size, height, volume, mass and bulk, the development would continue to represent disproportionate additions, both qualitatively and quantitatively, over the original dwelling and, therefore, inappropriate development in the Green Belt.  Further, there would be a significant and harmful impact on the openness of the Green Belt for the same reasons.  The applicant has failed to advance a case of very special circumstances that is sufficient to outweigh the identified harm and therefore the proposal fails to comply with the requirements of Policies GBSP1, GBSP2 and RA3 of the Welwyn Hatfield District Plan 2005 and the requirements 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.

DRAWING NUMBERS

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

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