Agenda item

The report of the Corporate Director (Public Protection, Planning and Governance) sets out an appeal against the refusal of Estate Management Consent for the replacement of a front door.

The report of the Corporate Director (Public Protection, Planning and Governance) set out an appeal against the refusal of Estate Management (EM) Consent for the replacement of a front door.

The appeal property was a two storey end terrace dwelling located on a corner plot with Knightsfield and a non through road. The front door was on the side of the property, facing the non through road and was white upvc with the top half in one glazed panel of six panes.  The street scene comprised of semi-detached and terraced dwellings with a relatively consistent design and appearance. The visibility of doors and their overall style and design contributed to the values and amenities of the area

The appeal sought consent to change the front door from white to a composite red, with its style and design altering the two glazed panels in the upper half.

Accordingly the proposal would not preserve the unique architectural heritage of the town and would cause harm to the character and appearance of the property, the row of terrace properties and the surrounding street scene, resulting in a detrimental harm upon the amenities and values of the Garden City contrary to Policy EM1 of the Estate Management Scheme.

            The applicant, Mr. Briant felt that the Council was being unreasonable, with the report being subjective and unjustifiable.  He felt that the Council had no legal basis to decide on the colour of the door.

The Chairman asked the Officer to remind the Committee of Clause 4 of the EM Scheme, which was the importance of changes being in harmony and of similar colour as their neighbours. As such, changing the door colour did require consent.

The following points were raised by Members and discussed:

·                That there was an eclectic mix of door colour in the area, which did not appear to be detrimental to the area and the proposed door could enhance the property.

·                That if the policy did not explicitly state the requirement of permission to change the colour of a front door, then it was difficult for the Council to insist on permission. The Development Management Service Officer reiterated that colour and style had been considered to change the appearance of a building, and over the years it had been established that consent was therefore required.

·                That the appeal highlighted the pressing need for a design guide to be published by the Council to help inform residents.

·                One of the key issues that seemed to have been overlooked was the number of panels being reduced from six, however it was agreed that it would be unfair to consider it at this stage.

·                The height of the letter box from the ground ought to have been considered as well. Such matters ought to be included in the design guide. 

It was then moved by Councillor M.Cowan, seconded by L.Musk and

RESOLVED:

(6 For and 1 Abstained)

That Members allow the appeal, contrary to Officer recommendation, and 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.