Agenda item

Variation of Conditions 2 - amended plans and Condition 11 - kitchen windows on first and second floors to be glazed with obscured glass with restricted opening, of P14/V0428/FUL (retrospective) (as amended by plans and revised planning statement received 21 February 2017).

The officer presented the report on application P16/V2717/FUL for the variation of Condition 2 – amended plans, and Condition 11 – kitchen windows on first and second floors to be glazed with obscured glass with restricted opening, of P14/V0428/FUL (Retrospective), at Little Dene, Yarnells Hill, North Hinksey, Oxford.

Consultations, representations, policy and guidance and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for this meeting. The officer advised the committee that, as the application was retrospective, the proposed condition 1 relating to the commencement of the planning permission was unnecessary and should be removed.

Charles Gent, a local resident, spoke objecting to the application.  His points included the following:

·         The purpose of the original Condition 11 was to protect neighbours’ privacy. The proposed variation would remove this protection; and

·         The proposed new condition relating to the kitchen windows was unenforceable.

Andre Botha, the applicant’s agent, spoke in support of the application.  His points included the following:

·         The proposed new condition requiring the kitchen windows to be of obscured glazing and restricted opening would maintain neighbours’ privacy;

·         The proposed changes to the roof and windows were not harmful to the amenity of neighbouring occupiers; and.

·         The kitchen windows were a considerable distance from neighbouring properties so there would not be any harmful overlooking.

Questions of clarification were put to the speaker, who confirmed that:

·         The windows had been altered from the approved plans to provide light and ventilation; and

·         It would be extremely difficult for the proposed restrictors on the kitchen windows to be removed.

Councillor Debby Hallett, the ward councillor, spoke objecting to the application.  Her points included the following:

·         The property had not been built in accordance with the approved plans; and

·         The officers had recommended and the committee had approved the original Condition 11 to protect the privacy of neighbouring properties. There was no justification for approving a variation of this condition.

The committee discussed the application, with advice from officers where appropriate. The committee was advised that it was the officers’ view that the proposed scheme was acceptable and would not lead to planning harm. Some members expressed the view that the proposed condition to require the kitchen windows to be “restricted opening” was unenforceable. Officers advised that this could be amended to “fixed shut” if the committee was so minded.

A motion, moved and seconded, to grant planning permission, subject to the deletion of Condition 1 (time commencement) and the requirement that the kichen windows be fixed shut rather than restricted opening was declared carried on being put to the vote.

RESOLVED: To grant planning permission for application P16/V2717/FUL subject to the following conditions:

Compliance

1.     Approved plans.

2.     Access, parking and turning as shown on plan.

3.     Materials as approved.

4.     Drainage details for foul water as approved by Thames Water.

5.     Restriction on erecting gate on the access

6.     Boundary treatments.

7.     Slab levels as approved.

8.     Kitchen windows to be obscured glazed and fixed shut.

9.     Obscure glazed bathroom windows

10.  Scheme for refuse vehicles, including signage, as approved.

11.  Balcony screening as approved.

12.  Bin and cycle storage as approved.

13.  Landscaping scheme, including tree protection, to be implemented.

14.  In accordance with ecology and badger reports.

15.  Construction method statement as approved.

16.  Rooflights on the west and east elevations of the building to have a sill height no lower than 1.7m.

Details to be submitted pre-occupation

17.  Submission of details of retaining and boundary walls to be approved.

18.  Surface water drainage strategy detail to be approved.