Agenda item

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

Report of the Corporate Director (Public Protection, Planning and Governance) on the conversion of existing six bedroom dwelling at 11 Holly Close into two self-contained two bedroom flats.

The application site was situated on the western side of Holly Close and accommodates a mid-terrace dwelling with front and rear gardens.  The surrounding area and street scene were residential in character and contained dwellings similar in respect of both size and appearance.  The property was one of a group of dwellings which formed part of an originally planned residential area of Hatfield Town dating from the 1950’s.

A small one bedroom dwelling (11a Holly Close) which adjoined the north side of the application property had been erected following the granting of planning permission in 2004 under reference S6/2004/0330/FP.  The same application also included permission for a part two storey, part single storey rear extension to the application property to form a five bedroom dwelling.  Numbers 11 and 11a share a vehicular access and a block paved area to the front of the property which provided off street parking for up to five cars.

The application had been presented to Development Management Committee because Councillor James Broach had called-in the application and Hatfield Town Council had responded with a major objection.

Councillor J.Broach’s reason for call-in states:

‘As the applicant's letter states that this application is identical to the one that was refused recently, my call in will be very similar to the last one: I wish to call this application in for consideration at DMC. This application has an unusually long planning history - the applicant has been told numerous times that his house should be returned to C3 use. By converting it into 2x2 bed flats, the proposal could potentially house up to eight occupants - which is completely out of keeping with the local area, both in terms of numbers, and the fact this this site is surrounded by houses, not by flats. Looking at the reason for the refusal of the last application which was as follows: The proposed subdivision of the family dwelling into flats would result in harm to the character of the area by virtue of the change in intensity of use of this narrow cul-de-sac as well as detrimentally impact upon the amenity of neighbouring properties. The proposal is therefore contrary to policies D1 and D2 of the Welwyn Hatfield District Plan 2005. Given that no material changes have been made to this proposal, I feel that it is still contrary to sections D1 & 2 of our district plan. From the plans, it is not clear what outdoor amenity space has been afforded to residents of the first floor flat. Item 127f of the NPPF states that a high standard of amenity must be provided to users, and if the applicant has failed to provide outdoor green space to the first floor occupants, then this application should be refused. I have concerns about the potential welfare of this many residents being crammed into a family home, and feel this needs particularly close attention. Parking is already a nightmare in this part of Hatfield - which was best documented by an ambulance being unable to reach a patient due to the chaotic parking in this area. Any further traffic, including construction traffic, could exacerbate this. I am concerned about the precedent that turning a family home into flats would set, especially in this area of Hatfield. Our family homes need to be kept as such -would you allow the whole of this area to potentially be converted into flats? I cannot believe that yet another application has gone on for this site. As with previous applications, I am happy for you to refuse planning permission under delegated authority if that is the recommendation of officers.’

Hatfield Town Council’s major objection states:

‘It appears that no outdoor amenity space will be given to the upstairs flat which appears to be contrary to NPPF guidelines. This application is out of keeping with the surrounding properties which are all houses, not flats. The intensification of the use of the property will cause harm to the cul de sac and amenities of neighbouring properties.’

Dr F.Mahmmud, applicant, spoke in support of the application.

Borough Councillor J.Broach, spoke as Ward Member against the application, reiterating the concerns he raised in his call-in statement regarding the proposed development.

Following discussion, it was proposed by Councillor T.Lyons, seconded by Councillor A.Chesterman and

RESOLVED:

(9 voting in favour and 4 against)

That planning permission be granted subject to the conditions contained in the report of Officers.

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.

POSITIVE AND PROACTIVE STATEMENT

The decision has been made taking into account, where practicable and appropriate the requirements of paragraph 38 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).