Minutes:
The consultation procedure undertaken was outlined in the report together with background information in respect of the site.
The Case Officer advised the Committee of an error in the report pack, top of page 90, which refers to a lounge window on the side elevation – this should refer to side facing windows within a conservatory to the rear.
It was noted that the receipt of amended plans had addressed officer concerns relating to the scale and appearance of the proposed dwelling within the street scene. Further, the objections received by two neighbouring properties and Moore Parish Council and comments made by Ward Councillor John Bradshaw had been addressed in the report.
Officers advised the Committee that since the preparation of the report issues had arisen regarding the impact that the excavation for the house might have on surrounding trees and potential compliance with conditions attached to the original outline planning permission, which required further investigation by officers. It was suggested that the recommendation be amended to delegated powers being given to the Operational Director to determine, once the issue had been resolved.
The Committee was addressed by Miss Harris-Grave who lived in the neighbouring property of the site and made the following objections in relation to the plans. Incidentally, she stated that reference to a conservatory window (correction above) was incorrect. She advised Members that when they purchased the property in 2018 they were aware of the outline planning permission of the neighbouring land as it formed part of the sales particulars. However, she stated that this proposal did not comply with the Local Planning Authority (LPA) policies. Additionally there was a huge tree that was not identified on the plans and to excavate around it would make it unstable; she said this was brought to the attention of the LPA but it was dismissed. She stated that although they were not opposed to the construction of a dwelling on the site, they requested reassurance that all outline conditions and planning polices be adhered to and monitored throughout construction. She added that this had not been the case so far.
Mr Craig Foster, a Moore Parish Councillor, then addressed Members arguing that the issues around the neighbour’s windows and other issues raised by the neighbour had not been addressed. He stated that the proposed development would be in breach of the neighbours ‘right to light’ and the Council’s adopted SPD. He requested that a better design solution be found.
The Committee then heard Mr Keith Summers, the agent representing the applicants. He stated that the principle of the dwelling had already been established in the outline planning approval which also included its access from Runcorn Road. He confirmed that no objections had been received from the statutory consultees, other than the Parish Council; and no objections had been received from the trees officers or highways officers. He added that the proposal met the LPA’s policy requirements and those of the National Planning and Policy Framework (NPPF).
Members were reminded that the application was for reserved matters as the outline planning permission acts as the permission for the development which was granted previously. The Officer advised that the impact of the window on the neighbouring property was a consideration of amenity for the purposes of planning and its right to light came under separate legislation and explained this.
Officers reverted to the last minute issues that had arisen regarding the trees on the site and advised the Committee that this should be investigated further. In light of this an amendment to the recommendation was moved – that once the matters relating to the trees had been resolved satisfactorily, that the determination of the application be delegated to the Operational Director in consultation with the Chair or Vice Chair of the Committee. The amendment to the recommendation was seconded.
After hearing the officers and speakers presentations and representations and taking into consideration the last minute information regarding the trees on site, the Committee voted to agree that the application be delegated to the Operational Director, as stated above.
RESOLVED: That the Operational Director – Policy, Planning and Transportation, be given delegated powers to determine the application, in consultation with the Chair and Vice Chair of the Committee, once the outstanding issues around the trees have been resolved.