Agenda item

To receive the report of the Chief Planning Officer as requested by Members of South and West Plans Panel that a report be presented to Joint Plans Panel advising of any changes in officers’ approach to applications on domestic properties which included a two storey side extension.

(Report attached)

The Head of Development Management presented the report of the Chief Planning Officer in relation to the consideration of a two storey side extension to a domestic dwelling. This report had been brought before the Joint Plans Panel at the request of South and West Plans Panel.

The Members were provided with a brief outline of the application presented to the South and West Plans Panel for a part two storey, part single storey side extension and single storey rear extension at 43 Moor flatts Avenue. The application had been presented with an officer recommendation for approval.

At the meeting, Members resolved initially to defer the determination of the application and requested that officers carry out further negotiations with the applicant to in respect of setting the extension in from the boundary by 1m at both ground and first floor. The concern expressed related partly to access to the rear of the properties for bins, but mainly with regard to the dominance and overbearing effect upon side facing the main entrance to the adjacent bungalow. Members of South and West Plans Panel were concerned that Officers had brought forward an application for the approval of a proposal for a two storey extension which was almost directly on the boundary of the driveway with the adjacent bungalow whereas previously a 1m gap had been required.

Members of South and West Plans Panel had expressed concerns that there had been a change in approach with regard to the consideration of two storey side extensions. During discussions Officers had stated that the approach had not changed but that in this case other material considerations needed to be considered. The Panel overturned the recommendation and the application was refused for the following reason in summary:

‘the proposal is considered to be an overly intrusive form of development which will be significantly detrimental to the living conditions of the occupants of the said dwelling as a result of dominance, overshadowing and loss of light’.

Members of Joint Plans Panel were informed that the Policy/Guidance for considering such applications adopted by the Council had not changed. A summary of the policy context was provided at appendix A of the submitted report.

Members noted the key difference with regard how officers considered the application at Moor Flatts Avenue, the concerns the consideration and the weight attached to other material considerations specific to this site. In particular the interpretation of the Guidance provided in the householder design guide in view of the fall-back position enjoyed by the applicant by virtue of the amendments made to the General Permitted Development Order in 2013 and the outcome of a recent appeal or a proposal at 71 Church Lane, Methley that had similarities to the application at 43 Moor Flatts Avenue. 

Members were shown photographs of side extensions carried out at a number of properties specifically 71 Church Lane, Methley.

Members were provided with clarifications of this issue at point 3.1 Householder Design Guide Considerations of the submitted report.

Members were advised that subsequent to the refusal of the application the applicant had appealed against the decision. The Inspectors decision had been received on 17^th January 2017. The appeal was granted subject to conditions.

The findings of the Inspector were provided to Members at Point 3.4 of the submitted report.

RESOLVED – That Members note the report.

Cllr. Leadley left the meeting during this item.