Agenda item

23/00809/FUL 1 The Grove, Hales Road, Cheltenham GL52 6SU

Minutes:

The Planning Officer presented the report as published.

 

The objector then addressed the committee and made the following points:

-       The proposal will overlook her garden and conservatory.

-       The dormer windows will be less than 10 meters away from her conservatory.

-       No amount of screening will provide the light that she believes she is entitled to.

-       The objector invited the committee to attend  her property to see what the impact of the proposal would be on her property.

-       The only objection that she has to the application is the rear dormers.

 

Cllr Chidley then addressed the committee and made the following points:

-       He supports the objector and his objection is not to the whole application just the dormers.

-       The dormers would have a big effect on the neighbouring property and would invade the privacy of the neighbour.

-       The Council states in SD14 02 that they will apply a 21 metre distance for properties facing each other and whereas these properties do not face each other the application does not meet the requirement of 21 meters. 

-       It is usual for properties in the area to have velux windows rather than dormers.

-       A representation in support of the application has not come from a neighbour as stated but from someone who lives some distance away and her representation appears to be to discredit the objector.

-       He requested a condition on the application to use velux rather than dormer windows that will allow privacy and then could support the application going ahead.

 

 

The matter then went to Member questions and the responses were as follows:

-       The application would  be out of time if a visit to the objectors property was arranged.

-       A condition cannot be added, the application needs to be determined as it is at the moment.

-       Officers have not had a discussion with the applicant to change the application as officers deemed the proposal acceptable.

-       Whether the dormer windows are permitted development or not will depend on the material that is used for them,

-       Officers did not visit the objectors property as they did not feel that it was necessary.

 

The interim head of planning explained that there needs to be planning ground reasons to refuse the application.  It was also explained that if the item was deferred without a planning reason the applicant could appeal against non-determination which would leave grounds for the applicant to claim costs.  Members were reminded to consider the application that had been received.

 

 

The matter then went to Member debate, where the following points were raised:

-       There appears to be no other choice other than support the application as the element in question could be carried out under permitted development.

-       There was a suggestion to refuse based on SD14, however the Interim Head of Planning stated that SD14 says that the new development must not cause harm and that the planning officer has addressed the amenity in the report.

-       From the visit to the applicants property on planning view,a Member felt that it was reasonable and would be supporting the application.

-       Totally understood the neighbours view although in reality would the neighbour peer in through the window.

-       The length of the window seems to be a key issue.

 

It was proposed to refuse the application based on SD14 – this was not supported.

 

The matter then went to the vote on the officers recommendation to permit.

 

For- 8

Against – 1

 

PERMITTED

 

Supporting documents: