Agenda item

(Service Manager – Development Management) To consider the attached report for a proposed two storey side extension and loft conversion with remodelling of the garage.

The Service Manager for Development Management, A Marx, presented a report for a proposed two-storey side extension and loft conversion with remodelling of the garage. This application had previously been considered by Area Planning Sub-Committee East with a recommendation to approve permission; the application was granted permission by the Sub-Committee but was then referred to this Committee for a final decision by way of a minority reference under Article 10 of the Constitution.

A Marx stated that the application site was a two-storey property with a detached double garage, shared by 36 Fairlands Avenue, and was located on the north side of Fairlands within the urban area of Buckhurst Hill. The site was not within the Metropolitan Green Belt or a conservation area. The application was a revised application to address concerns with the remodelling of the garage, as half of the garage which was to be partly demolished was in the ownership of the applicant’s neighbour. This application kept the roof of the neighbour’s garage as was but extended it towards number 37.

Planning Officers had concluded that the revised application was considered an acceptable design with limited impact to amenity. The proposed changes to the garage roof were also considered acceptable and it was recommended to grant planning permission for the application.

The Committee noted the summary of representations received for this application, which consisted of two objections to the application from the neighbour at 36 Fairlands Avenue and the Parish Council. The Committee heard from an objector and the applicant before proceeding to debate the application.

As the ward Member for the application site, Cllr A Patel felt that the revised application was acceptable and pointed out that the properties within this road were not uniform in appearance. The applicant had attempted to appease the neighbour in respect of the party wall dispute and acquiesce with planning policy. The neighbour would have the option to in-fill the space in the future and the Councillor would support this application. Cllr J Philip reminded the Committee that the applicant could construct the scheme previously approved but simply not finish the garage section. The Councillor also felt that the proposal was not out of keeping with the street scene, the applicant had taken a reasonable approach to building close to the border of the neighbour, and therefore the Councillor would support the application.

However, Councillor H Kauffman had reservations about the revised scheme as it made the neighbour’s garage look part of the applicant’s property. The Councillor felt that the previously approved scheme was acceptable, and would not support this application. Councillor H Brady agreed with Cllr H Kauffman and would also not support the application before the Committee. However, A Marx advised the Committee that he did not believe this would be acceptable grounds for refusing this application.

Councillor S Heap felt that the Committee should have the right to decide which scheme could be implemented and he felt that the proposed extension in the revised scheme appeared to take over the neighbour’s garage. Cllr J Philip agreed that the Committee should have the right to decide but any decision it made had to be within the constraints of planning law.

Councillor C C Pond highlighted that the neighbour could refuse consent for the works on his side of the boundary. Cllr S Jones emphasised the fine line between planning law and civil law, and also reminded the Committee that the applicant would have the option of implementing either of the two schemes if this application was approved.

            Decision:

(1)        That permission for planning application EPF/1289/20 at 37 Fairlands Avenue in Buckhurst Hill be granted, subject to the following conditions:

1…The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2…The development hereby permitted will be completed and retained strictly in accordance with the approved drawings numbers: Site Location Plan, FLS-002, FLS-003, FLS-004, FLS-005, FLS-006, FLS-007 Rev B, FLS-008, FLS-009 Rev B, FLS-070, FLS-072, FLS-073 Rev B, FLS-074 Rev B, FLS-075 Rev B AND FLS - 077.

3…Materials to be used for the external finishes of the proposed development shall match those of the existing building, unless otherwise agreed in writing by the Local Planning Authority.

4…The window openings in the flank elevation of the dormer shall be entirely fitted with obscured glass with a minimum Level 3 obscurity and have fixed frames to a height of 1.7 metres above the floor of the room in which the window is installed and shall be permanently retained in that condition.