Agenda item

Application: 2022/0941/HPA

Location: 26 Merlin Way, Brayton, Selby

Proposal: Raise height of existing roof to create additional accommodation, the erection of 2 pitched roof dormer windows to rear and roof lights to front, and the retention of gazebo in the rear garden

The Planning Development Manager presented the application which had been brought before the Planning Committee as it had more than 10 letters of objection and whilst this was a minor application, it had been requested to go to Planning Committee by the Head of Planning given the level of objection and Councillor involvement, and as the Officer recommendation was contrary to these representations.

Members noted that the application was for the raise in height of the existing roof to create additional accommodation, the erection of 2 pitched roof dormer windows to the rear and roof lights to front, and the retention of gazebo in the rear garden.

Members noted the Officer Update Note which confirmed Officers had been made aware of, and noted, a document sent directly to Members of the Committee in support of the public speaker speaking in objection to the application.

The Committee asked the Planning Development Manager to confirm when 26 Merlin Way and the surrounding estate had been built and to clarify if there were any 3 storey buildings in the development.

The Planning Development Manager explained that original planning permission for the estate had been granted in 2015 with a Section 73 application granted in 2016 and confirmed that no roof conversions indicating 3 storey dwellings were visible in this development but were present in the wider vicinity of Brayton.

Members drew attention to proximity of the site to residential housing used for residents requiring additional care and support.

Objector, Carla Cox, was in attendance and spoke against the application.

Members debated the application further expressing concerns with the application including objections from local residents. Members agreed with the objections that the proposal would have a detrimental effect on neighbouring properties due to loss of privacy. Members stated the proposal would be intrusive and overbearing to neighbouring properties and would also alter the character of the estate which could set a precedent to other new build estates throughout Selby District.

The Committee criticised the scope of the application and questioned the dimensions of the gazebo included in the application and asked whether this was within permitted development rights.

The Planning Development Manager detailed the dimensions of the gazebo as stated in the report and explained that some plots in the estate, including 26 Merlin Way, had their permitted development rights removed in 2016 due to considerations of residential amenity so needed to apply for planning permission for proposals usually covered by permitted development rights.

Members questioned which parts of the application would be covered by permitted development rights if 26 Merlin Way had them and the Planning Development Manager stated the dormer windows would potentially be covered by permitted development rights but the proposed raising of the roof would not be covered. The Planning Development Manager also stated the height of the gazebo would likely disqualify it from being allowed under permitted development rights, had the plot retained them.

The Committee asked for clarification on whether the proposed dormer windows to the rear of the property would use clear or obscured glazing and questioned the effect of the security cameras on the application.

The Planning Development Manager explained the western window proposed clear glazing and the eastern window obscured glazing. The Head of Planning emphasised that existing or future security cameras did not form part of this planning application and were not to be considered as part of it.

It was proposed and seconded that the application be REFUSED as the proposal would be detrimental to the residential amenity of neighbouring properties from overlooking and was out of character for the existing estate. A vote was taken on the Proposal and was carried.

RESOLVED:

That the application be REFUSED on the following grounds:

The proposed development, in particular the insertion of dormer windows, would lead to increased overlooking of adjacent properties resulting in a detrimental impact on living conditions and amenity of neighbouring occupants and would be out of character with other properties in the vicinity. The proposal is therefore considered to be contrary to policy ENV1 of the Selby District Local Plan 2005 and SP19 of the Selby District Core Strategy Local Plan 2013.