Agenda item

The Planning Officer reported that as Members would see from the photograph the roof of the dwelling had been removed in its entirety but the plans show that the roof would be rebuilt as previously approved.  Officers suggest that the Condition relating to materials (Condition C2) be amended to include reference to submission of roof tiles samples.

Councillor Debbie Morris asked with regard to the description of the works – changes to elevations – this was plural and asked if it was just the front elevation that would be the subject of works or if there were other amendments in relation to the rear of the site.

The Planning Officer advised that there would be changes to the elevations to the flank side too.

In accordance with Council Procedure Rule 35(b) a member of the public spoke against the application.

Councillor Debbie Morris said 11 of the 13 windows in the front elevation were being changed and asked if that was something the officer agreed with because the Heritage statement seemed to suggest that the works would be extensive.

The Planning Officer appreciated that 11 of the 13 windows were to be replaced.  The Conservation Officer was consulted and had a preference for the windows to be retained as existing however on balance given the fact that they had requested amendments to include transoms it was considered they would be sufficient and acceptable.

Councillor Debbie Morris understood what the Conservation Officer had said but wanted to provide details on the history of the site.  In 2018 an application came to Committee for extensive extensions and changes which was approved.  The saving part for the Conservation Area was that the front elevation would more or less remain intact.  In 2020 there were further applications to substantially amend the front elevation including the removal of the chimneys which was refused.  Today the report refers to the external appearance and the removal of the original chimneys which would result in the loss of the characterful features.  The chimneys and the windows add to the external appearance and make up the character of the front elevation.  We now face a situation where the chimneys are to be replaced but not with existing materials.  The Councillor imagined the chimneys were close to 100 years old so it would be hard to find materials to match with the same said of the tiles.  The windows, as advised by the speaker and officer, are going to be substantially and overwhelmingly changed. This is a pre 1958 building and the Council was committed to the Moor Park Conservation Area appraisal where the protection of pre 1958 buildings are to be given the highest degree of protection.  In the Councillor’s opinion this application was going too far and supported the objections raised.

Councillor David Raw raised concern about the amount of earth that was to be removed from the back of the house due to the basement.  Being in a Conservation Area were officers happy that the work being undertaken would not destroy the whole house.  The Councillor realised this came under building regulations but was concerned the building could fall down. 

The Planning Officer advised that the principle of the initial works had already been approved and the structure and integrity of the building during the construction would fall within building regulations and not planning.  There was a condition for a construction management plan (Condition C5) which was discharged under a previous application.  It would be taken in good faith that the applicant would be implementing the application in accordance with the construction management plan.

Councillor Alex Hayward asked for details on the windows.  What were they now and what would they be replaced with.  The Planning Officer advised that they were timber windows before but were being replaced with leaded casement windows.

Councillor Debbie Morris said they were not just replacing the windows in their existing form they were moving some, changing the size and moving the front door.  The Planning Officer confirmed the applicant would be realigning the windows but as previously discussed the Conservation Officer had made no objection. 

Councillor Debbie Morris said when you use the word realign it makes it look like they are out of line and need correcting.  They are a character feature of the house and everything is not symmetrical which was the nature of the house.  Saying realign was misleading. 

Councillor Sara Bedford stated the dictionary defined the word realign as change to different form or position.  The windows were being changed to a different position which the Councillor thought was fine.  A Conservation Area was not to stop any form of development and leave things as they were but to make sure that anything that was done was in keeping with the Conservation Area Appraisal and we are careful about carrying what it says.  The Council have a Conservation Officer who had looked at the application and raised no objections.  Moor Park was full of houses which were originally built to look different to each other.  Whilst the Conservation Area Appraisal provides details on style, size and spaces, which are important parts of a Conservation Area, it does not say that houses should all look the same.  The Councillor was having problems in seeing what the issue was with this application and supported the Conservation Officer appraisal.

Councillor David Raw referred to the replacement windows being leaded casement windows and asked if they would be timber or UPVC and would this be acceptable in a Conservation Area?  The Planning Officer confirmed they would be UPVC leaded replacement windows and you can apply to replace your windows.  It would be for officers to make an assessment on whether the windows would be acceptable.

Councillor Stephanie Singer asked if the materials chosen would be sympathetic to the era of when the house was built.  Following what Councillor Raw had asked it seemed that Officers felt that UPVC windows would be sympathetic with the heritage of the original building.  How much do officers know about the materials which had been selected? The Planning Officer referred to the Conservation Officer comments which had advised that the materials chosen would be acceptable. Condition C2 would require the submission of details in respect of the tile hanging and chimneys with the proposed amendment to the roof tiles.  These details had been looked at by the Conservation Officer to ensure they were acceptable and appropriate for the Conservation Area. 

Councillor Debbie Morris was also concerned about the UPVC windows and was wondering how Condition C2 related to Condition C4 and where the windows fit in.  The Planning Officer advised that Condition C2 could be amended to include reference to the windows.

Councillor David Raw said that UPVC windows would not look anything like the old casement wooden windows and hoped that the Conservation Officer had looked in detail at the shape and design to match the existing windows.

The Vice Chair observed that Batchworth Community Council had called in the application and objected but had not attended the meeting tonight.  The Vice-Chair sought clarification from the Officer with regard to Paragraph 4.1.3 and the Conservation Officer reporting no objections.  The Planning Officer confirmed this was correct. 

Councillor Debbie Morris said it would not be the first time the Committee had gone against the Conservation Officer recommendation and proposed an amendment to motion that the application be refused on the grounds of harm to the Conservation Area and to the pre 1958 building which would result in the loss of the original features.

Councillor Chris Lloyd had listened to the different arguments but was happy to second the proposal by Councillor Sara Bedford that planning permission be granted as set out in the officer report with an amendment to Condition C2 (materials) to include the requirement for samples and details of the proposed roof tiles and chimneys to be submitted.  The Councillor had not heard sufficient grounds for refusal. 

Councillor Debbie Morris said if permission was granted, as their motion had not been seconded, the officer suggestion with regard to Condition C2 to cover the windows be included.  The Planning Officer advised that Condition C2 could be amended to include reference to the roof tiles, chimney detailing and the windows to be submitted to us and agreed in writing.

Councillor Sara Bedford as the proposer of the motion was happy to agree that amendment to Condition C2.

Councillor David Raw wished to second the amended motion that planning permission be refused.

Councillor Alex Hayward said in the Conservation Officer report referred to the architectural and aesthetic value of the windows and stated they preferred the windows to not be changed.  The Councillor felt that the windows were very substantial to the aesthetic value of the property.

On being put to the Committee the amended motion to refuse planning permission was declared LOST by the Vice-Chair the voting being 4 For, 5 Against and 1 Abstention.

On being put to the Committee the motion to Grant Planning Permission subject to conditions with an amendment to Condition C2 (materials) amended to include requirement for sample and details of the proposed roof tiles, chimneys and windows to be submitted was declared CARRIED by the Vice-Chair the voting being 6 For, 3 Against and 1 Abstention.

RESOLVED:

That Planning Permission be GRANTED subject to the conditions set out in the report with C2 (materials) amended to include requirement for sample and details of the proposed roof tiles, chimneys and windows to be submitted.

Condition C2 to read:

Before any further building operations above ground level hereby permitted are commenced, samples and details of the proposed tile hanging, roof tiles and materials to be used in the construction of the replacement chimneys shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.

Reason: To ensure that the external appearance of the dwelling is satisfactory in accordance with Policies CP1 and CP12 of the Core Strategy (adopted October 2011) and Policies DM1 and DM3 and Appendix 2 of the Development Management Policies LDD (adopted July 2013).