Issue - meetings

To consider an application for the erection of 1 No. detached dwelling with detached garage and associated works at the walled gardens at Nigella, Church Hill, West Monkton.

Resolved:

That planning application 48/21/0008 for the erection of 1 No. detached dwelling with detached garage and associated works at Nigella, Church Hill, West Monkton be GRANTED permission subject to a suitable phosphate mitigation solution being secured via a S106 agreement and the conditions as detailed in the Agenda report (condition 9 amended as per the Officer’s presentation).

(voting: 6 in favour, 1 against, 2 abstentions)

The Planning Officer informed the committee with the aid of a presentation that this application was for a detached new dwelling sited within the walled garden of Nigella and was situated just within the conservation area for West Monkton. The committee were informed that if the application was approved, the resolution would need to be amended for a S106 Agreement to be secured in respect of phosphate credits to ensure the development was nutrient neutral. It was also noted that Condition 9 relating to permitted development rights would need a small amendment as the reference to the General Permitted Development Order 1995 should read 2015.

The committee were addressed by the adjoining neighbour who made the following comments:

There was already another outline permission located within the garden of the same property. The proposal was 6 metres from their property and was outside of the established development boundary. It would lead to an adverse impact on their property from overlooking. Also, the proposed access along the shared driveway was in his ownership and access will be refused.

The agent then spoke on the application and his points included the application was within the development boundary, the proposal addressed the conservation area, access was not a planning issue and there were no adverse impacts on privacy, light or amenity of the neighbours.

The Division Member then made his comments before leaving the committee. He stated that he considered that the size of building would not fit into the landscape and would have an adverse impact on the area and that the neighbour would be overshadowed.

In response to comments made by the neighbour and the agent, the Legal Officer confirmed that the ownership of the access was not a material planning issue.

The Planning Officer, in response to questions and comments from the members of the committee confirmed that the other site for which there was outline permission had been taken into account when this application was being assessed. The garden wall was not listed and only a pedestrian access was being made within the wall. In respect of the windows within the roof, they would be obscured to stop any overlooking of the neighbours which has been conditioned; also there were conditions on ecological matters and for the protection of a tree within the garden.

At the conclusion of the debate, it was proposed by Councillor Sully and seconded by Councillor Wakefield that the application be approved subject to the recommended conditions in the Planning Officer’s report and with the amendment to Condition 9 and subject to the prior completion of a S106 agreement to ensure the development was nutrient neutral.

Resolved:

That planning application 48/21/0008 for the erection of 1 No. detached dwelling with detached garage and associated works at Nigella, Church Hill, West Monkton be GRANTED permission subject to a suitable phosphate mitigation solution being secured via a S106 agreement and to the recommended conditions as detailed in the Agenda report (with Condition 9 amended as per the  ...  view the full minutes text for item 59