Issue - meetings

Retrospective: construction of outbuilding in rear garden for ancillary residential use at 20 Marlin Square, Abbots Langley, Hertfordshire.

Recommendation: that retrospective planning permission be granted subject to conditions.

The application was retrospective for: construction of outbuilding in rear garden for ancillary residential use at 20 Marlin Square, Abbots Langley, Hertfordshire.

The Planning Officer reported that since agenda publication correspondence had been received expressing concerns about the potential intensification of the use of an existing right of way via a neighbouring property.  It was considered that this may cause harm to the amenity of that neighbour.  Whilst it had been suggested that a personal planning permission could resolve the concern, officers did not consider that this would be reasonable or appropriate for this application, and this was supported by planning practice guidance.  However, officers did consider that it would be reasonable to attach an additional condition requiring that the outbuilding be accessed only from the main dwellinghouse at 20 Marlin Square and not directly accessed via the right of way through number 22.  The reason for the condition being to safeguard the amenity of the neighbours from any potential intensification in the use of the right of way.

Councillor Stephen Giles-Medhurst spoke on the application.

The agent spoke in favour of the application.

Committee members asked questions about the detail of the application which were responded to by officers.  The Committee’s discussions included the following:

·       The outbuilding was c 10cm taller than would have been allowed under permitted development.  A building which had a larger footprint, but which was 10cm lower, would also have been allowable under permitted development, provided it was for incidental use.  However, the use of the outbuilding for independent living, as was currently the case, would not have been allowable under permitted development.

·       Any variance of title to the right of way would be a civil matter rather than a planning matter.  Any breaches of the proposed planning condition regarding access to the outbuilding could be reported to the Enforcement Team for investigation.

·       A committee member recommended that Condition 1 should be amended in order to correctly capture the current use of the building.  It was recommended that the condition should refer to the use being ‘ancillary to the enjoyment of, or incidental to the residential dwelling….’ and this was accepted by officers.

·       An air conditioning unit referred to by a speaker did not form part of the application but could be referred to the Enforcement Team for investigation.

Councillor Morris moved, and Councillor Gazzard seconded, approval of the application subject to conditions, an additional condition restricting access to the outbuilding to be via the main house, and amendment to condition 1 to restrict the use to be ancillary or incidental to the residential dwelling.  On being put to the vote this was carried, the voting being 7 in favour, 0 against, 3 abstentions.

RESOLVED: that the application be approved subject to conditions, an additional condition restricting access to the outbuilding to be via the main house, and amendment to condition 1 to restrict the use to be ancillary or incidental to the residential dwelling.

Retrospective: construction of outbuilding in rear garden for ancillary residential use at 20 Marlin Square, Abbots Langley, Hertfordshire.

Recommendation: that retrospective planning permission be granted subject to conditions.

This item was with withdrawn from the agenda prior to the meeting.