Agenda item

Application pursuant of 19/00255/FLH to allow for garage repositioning at Clover Lea, Chapel Hill, Ashover

The Planning Officer presented the report and drew Members attention to the late updates report. She noted that officers could not take responsibility for the photos which had been submitted by objectors and were shown during the speaker’s submissions. Representations were heard in objection from Councillor Chris Miller (Ashover Parish Council), Mike Thomas, Sheila Kirby and Mrs J H Hardwick. Representations were heard in support of the application from the Applicant, Mike Weightman.

The application was discussed in length, including concerns regarding the impact on windows of neighbouring properties and the noise of the development. Members debated the conditions that could be added to the application to improve screening to neighbouring properties as well as conditioning the area of useable patio to reflect what has been previously approved.

RESOLVED –

(a) That the application be approved in line with Officer Recommendations, subject to the revised conditions as follows:

1. The development hereby approved shall be carried out in accordance with the details shown on drawing “Proposed Detached Garage Details Rev A” dated Nov 2020 and received on 26th Nov 2020 unless otherwise agreed through a formal submission under the non-material minor amendment procedures or as otherwise specifically required by other conditions contained within this decision notice.

2. Prior to the first use of the garage hereby approved, as such, a scheme of landscaping, including a timetable for its implementation, to allow for new boundary hedge planting/existing hedge growth and subsequent retention, as appropriate, shall be submitted to and be approved in writing by the Local Planning Authority. Specifically, the submitted scheme shall show, as a minimum, the hedge on the eastern site boundary with Chapel Hill replanted where necessary and then kept, as a whole, at a minimum height of 2 metres above the height of the wall (when measured from the road side) and a new hedge planted on the western site boundary, allowed to grow and subsequently then be retained at a height 2 metres above the height of the boundary wall.

The agreed scheme shall then be implemented as agreed and be retained as such thereafter. 

Reason: In the interests of enclosing the site in order to protect the amenity of residents of neighbouring properties.

3. Notwithstanding any other submitted details, prior to the first use of the green roof garden/patio terrace, as such, a wall shall be erected along the line of the “Steel Fence”, as depicted on the submitted and otherwise approved drawings, to a height no greater than 1 metre. No other enclosing structure/wall or fence shall then be erected/placed or constructed beyond that point to any garage edge or on the edge of the garage itself. The area between the newly erected wall, as required by this condition, and the edge of the garage itself shall then not be used as a sitting out area, veranda, patio/garden, balcony or similar.

Reason: To ensure the area of extended garage beyond that approved by application NED/19/00255 is not used as an amenity area in the interest of protecting the amenity of occupiers of neighbouring residential properties.

4. Prior to the first use of the patio terrace/roof garden, as shown on the approved plans, as such, a scheme of all proposed external lighting for the patio terrace/roof garden shall be submitted to and be approved in writing by the Local Planning Authority. Subsequently only the external lighting so approved shall be installed/erected/placed within those areas and no other external lighting of any kind shall be installed/erected/placed within or on the patio terrace/roof garden.

(b) That determination of the final conditions for approval be delegated to the Planning Manager (Development) in consultation with the Chair of the Committee.

(i)           The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

(ii)          The development hereby approved shall be carried out in accordance with the details shown on drawing Proposed Detached Garage Details rev A received 26/11/2020; unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures

Reason: for clarity and avoidance of doubt

(iii)         Before the first use of the garage hereby approved, the hedge on the eastern boundary with Chapel Hill shall be replanted where necessary and kept at a minimum height of 1.5m above the wall (on the road side) in perpetuity.

Reason: To maintain the privacy and amenity of neighbours in accordance with policy H5 of the North East Derbyshire Local Plan

(iv)         Before the first use of the garage hereby approved,  the metal fence shown on the attached plans and located 2m back from the southern elevation of the garage shall be installed. This fence will be maintained in perpetuity and will prevent the 2m wide strip from being used for any other purpose than maintenance.

           Reason: To maintain the privacy and amenity of neighbours in accordance with policy H5 of the North East Derbyshire Local Plan

(v)          The garage hereby approved shall be used solely for domestic purposes and shall not be used for any trade or business.

(vi)         For the avoidance of doubt and to avoid the establishment of a commercial activity in an unsuitable location in accordance with Policies E8 of the North East Derbyshire Local Plan.

(vii)        The garage hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Clover Lea and shall not be severed from the main house as a separate dwelling.

Reason: Insufficient amenity space is available to serve a further independent residential unit; in accordance with Policies H2 and H12 of the North East Derbyshire Local Plan