Issue - meetings

Part retrospective: construction of two outbuildings and alterations to rear land levels and landscaping works at 38 Moor Lane, Rickmansworth.

Recommendation: that part retrospective planning permission be approved subject to conditions.

The application was part retrospective, for construction of two outbuildings and alterations to rear land levels and landscaping works at 38 Moor Lane, Rickmansworth.

The Planning Officer issued a correction in that although Outbuilding A was referred to in the report as being 4.5m deep it was in fact only 2.5m deep.  The retaining wall projected beyond the edge of the outbuilding and so measurement of this together with the depth of the outbuilding had resulted in the stated measurement of 4.5m.

The applicant spoke in favour of the application.

Parish Councillor Diana Barber of Batchworth Community Council spoke on the application.

In making their representation the applicant advised that the use of Outbuilding B as a games room was ancillary to the use of the dwelling, and it would not be used for any other purpose.  The proposal was not pursuant to application 25/1495/CLPD but was instead a separate matter.  The landscaping largely conformed to the previous design which had been in situ for in excess of 5 years with the same extent of retaining walls, although the land levels had been lowered and levelled in places as set out at paragraph 7.2.2 of the report.  The proposal sought to introduce sympathetic buildings which would manage storm water run-off efficiently, and to enhance and improve drainage and surface water run-off.

In speaking against the proposal the Parish Councillor expressed concern about over-development of the plot, removal of trees and soft landscaping, and the fact that unauthorised development had taken place which had necessitated a retrospective planning application.

In responding to the points raised, the Planning Officer clarified that the Certificate of Lawfulness application referred to by the speakers was for an outbuilding sited on the patio level, adjacent to the rear of the dwelling.  This had been considered under a lawful development certificate to be permitted development in its own right.  On separate investigation, and prior to that application being made, the site had been investigated and it had been brought to officers’ attention that the land levels had been altered.  The application before the Committee therefore only pertained to the rear outbuildings and was separate to the Certificate of Lawfulness application.  It sought to remedy the alterations to the land levels and regularise the outbuildings.  Additional clarification was provided that whilst the outbuildings might in themselves have been permissible under permitted development, the fact they were reliant upon the altered land level (and the extent of the required landscaping changes had exceeded the limit of permitted development) meant that planning permission was required for the works in their totality, including the outbuildings.

A Committee Member expressed the view that there was no identifiable harm arising from the change in land levels which would justify refusal. 

Another Committee Member recommended that in the event of approval, a further condition should be added to remove permitted development rights for further outbuildings in order to prevent over-development of the plot.

Councillor Cooper moved, and Councillor Drury seconded, that part  ...  view the full minutes text for item 95