Agenda item

4/02853/15/FUL - MILLFIELD BUNGALOW, FRIENDLESS LANE, FLAMSTEAD, ST ALBANS, AL3 8DE

Minutes:

J Reid introduced the report and stated that the officer’s recommendation was to refuse the application. She stated the main consideration for members was the principle of replacing the dwelling in the Green Belt when it is larger than that the original dwelling. It is considering an inappropriate development within Green Belt land and the applicant must demonstrate special circumstances for planning permission.

 

Mr Andre Leigh spoke in support of this application. He raised the following points:

·         The new dwelling was granted planning permission in June and the new addition of a small basement is supported by neighbours and Flamsted Parish Council.

·         The use of the new basement will be to provide storage for water tanks and if planning permission was refused then there would be a negative impact on water supply for himself and also his neighbours. 

 

Having there been no proposer to grant this application in line with the officer’s recommendation, it was proposed by Councillor Birnie and seconded by Councillor Whitman that the officer’s decision be overturned and the application be granted.

 

Voting:

 

For: 11    Against: 0      Abstentions: 2

 

Resolved:

 

Officer’s recommendation overturned – application GRANTED subject to the following conditions:

 

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

 

2

All structures and buildings shown on submitted Topographical Survey dated December 2013 shall be demolished and the materials arising from demolition removed from the site prior to the first occupation of the replacement dwelling hereby permitted. Any buildings erected under permitted development which have been constructed prior to the implementation of this permission shall also be demolished and the materials permanently removed from the site. 

 

Reason:  In the interests of maintaining the open character of the Green Belt in accordance with policy CS5 of the Core Strategy and policy 23 of the local plan.

 

 

3

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015  (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority:

 

Schedule 2 Part 1 Classes A, B, C, D, E,

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the openness of the green belt. The replacement dwelling has been permitted on the basis of very special circumstances in the Green Belt. Any further enlargement of the property would result in further harm to the openness of the Green Belt in accordance with policy CS5 of the core strategy and policy 23 of the local plan.

 

 

 

 

 

4          All trees and hedging shown for retention on approved plan D1354.3 M shall be retained and new planting shown on approved plan D1354.3M shall be planted prior to first occupation of the replacement dwelling. Both the existing trees and hedging and new trees to be planted shall be known as retained trees for the purposes of parts a, b and c of this condition.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any  retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

 

(c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the Green Belt and Area of outstanding Natural Beauty in accordance with policies CS5 and CS24 of the adopted Core Strategy and policy 23 and 97 of the local plan.

 

 

 

 

5

The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Site Location Plan

19126

D1354.1P

D1354.2M

D1354.3M

D1354.5k

D1354.7F

Topographical Survey dated December 2013

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 31 Statement

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012.  

 

 

Supporting documents: