Planning Committee04/12/2018

P/2018/0651/HHFP

APPLICATION NUMBER: P/2018/0651/HHFPPROPOSAL: Erection of detached garage to rear

and retention of gates adjacent to Truro Close

LOCATION: 32 Bodmin Grove, St HelensMerseyside

WARD: Moss Bank WardAPPLICANT: Mr Alun OwenCASE OFFICER: Ms Gila MiddletonRECOMMENDATION: Grant Planning Permission Subject to

Conditions

1. APPLICATION SITE 1.1 This application relates to a linked detached residential dwelling located on the

northern side of Bodmin Grove. The property already benefits from an adjoining garage located to the east of the main dwelling and a single storey rear extension.

1.2 The property benefits from a rear garden which has a separate access from the surrounding road of Truro Close. It is understood that the applicant has recently purchased this section of land.

1.3 The wider area is predominately residential in nature and is characterised by detached and semi-detached dwellings which were constructed circa 1960’s and 1970’s.

2. PROPOSAL

2.1 Planning permission is sought for the erection of a detached garage and retention of existing 2.4 metre high gates adjacent to Truro Close.

2.2 The proposed garage would be located to the rear of the plot. The proposed garage would measure approximately 6.7 metres in length and approximately 5 metres in width. The proposal would incorporate a dual pitched roof structure. It would be constructed into the existing ground level with the land levels surrounding the proposed garage being lowered by approximately 0.3 metres.

2.3 The garage would measure approximately 2.2 metres to the eaves and approximately 3.8 metres to the ridge. The proposed garage would be constructed in materials to match the original dwelling.

2.4 The proposal is also seeking permission to retain an existing 2.3 metre high gate adjacent to Truro Close. The gate is approximately 2.7 metres wide and is constructed in wood and metal.

3. CONSULTATIONS 3.1 The Coal Authority – Recommend informative

3.2 Highways – No objection subject to recommend informative

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4. REPRESENTATIONS 4.1 A total of seven objections have been received from the neighbouring properties as a

result of the Council’s publicity.

4.2 The grounds of objection are summarised as follows:

A number of trees have already been removed Increased noise and fumes Loss of privacy Loss of property value Loss of sunlight Our dog becomes distressed when people are in the rear alleyway Potential fire risk Right of access The applicant does not own the land The garage would be used as a commercial operation The proposal is out of character for the area The proposal will cause congestion Trees are within falling distance of the site

5. SITE HISTORY

5.1 P/2018/0509/HHFP - Erection of detached garage to rear – Withdrawn

5.2 This application was previously withdrawn due to the applicant signing the incorrect certificate

6. POLICY

National Planning Policy Framework6.1 Paragraph 9 of the National Planning Policy Framework (NPPF) states that planning

decisions should play an active role in guiding development towards sustainable development, but in doing so should take local circumstances into account to reflect the character, needs and opportunities of each area. Paragraph 11 states that planning decisions should apply a presumption in favour of sustainable development. This means approving development proposals that accord with an up-to-date development plan without delay; or where the development plan is absent, silent or out of date planning permission should be granted unless the application of policies in the NPPF that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole.

6.2 Paragraph 12 of the NPPF clarifies that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan, permission should not normally be granted. Local planning authorities may take decisions that depart from an up-to-date development plan, but

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only if material considerations in a particular case indicate that the plan should not be followed.

Development Plan6.3 The adopted development plan for St Helens is the St Helens Local Plan Core

Strategy (adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013).

6.4 The following policies are relevant to the determination of this application:

6.5 St Helens Local Plan Core Strategy (2012)

6.6 Policy CP 2 - Creating an Accessible St.Helens of the Core Strategy is also relevant in determining the outcome of this application. This policy aims to ensure safe and adequate access to and from the public highway.

6.7 Saved Policies of the adopted St Helens Unitary Development Plan (1998)

6.8 GEN8 in the Unitary development Plan is relevant to the determination this application. Policy GEN 8 states that the Council will expect householder developments to comply with the following general requirements:

a) Respect the scale, design, character and appearance of the original dwellingb) Maintain reasonable standards of light and privacy for the dwelling in question

and its affected neighbours (including, in both cases, garden privacy)c) Avoids unacceptable intrusiveness, overshadowing and dominance at close

quarters in respect of both homes and gardensd) Adequate provision for motor cars and other common domestic needs,

including outdoor pursuits, so as to maintain unimpeded visibility for all road users, the safe and free flow of traffic, pedestrian safety and appropriate levels of visual amenity

Other Considerations6.9 The application has been considered having regard to Article 1 of the First Protocol of

the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

6.10 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

6.11 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

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7. ASSESSMENT

Visual Amenity and Design

7.1 Policy GEN 8 of the Saved UDP provides guidance on good quality design of development for householder development

7.2 The proposed garage would be located to the rear of the application property and would not be clearly visible from the Bodmin Grove or Truro Close. The proposal would be constructed in materials to match the original dwelling. The proposed materials are not uncommon for a detached garage. The scale and bulk of the garage would complement the scale and form of the original property and size of the plot.

7.3 The proposed gates measure approximately 2.4 metres in height and are located in the corner of Truro Close. The scale and materials of the gates are considered to be acceptable within this residential setting.

7.4 The proposal is considered to comply with the design guidance set out within policy GEN 8 of St. Helens Unitary Development Plan.

Residential Amenity

7.5 Policy GEN 8 of the Saved UDP aims to protect residential amenity in householder developments.

7.6 The proposal has been amended throughout the lifetime of this application.

7.7 The proposed garage would be located approximately 2 metres from the rear boundary of the property with No. 35 Truro Close which until relatively recently this bound was defined by mature trees.

7.8 The proposed garage would see the existing land levels lowered by approximately 0.3 metres and the garage would then be built into the level of the land. The proposal would measure approximately 2.3 metres to the eaves when viewed from the northern elevation. The proposed roof of the garage would slope away from the neighbouring property of No. 35 at an angle of 30 degrees.

7.9 The proposed garage would be located adjacent to the boundary of No. 30 Bodmin Grove. Given the length of No. 30’s rear garden, it is not considered that the proposal would appear overbearing or visually intrusive.

7.10 No. 35 has been extended by way of a conservatory to the rear elevation. Due to the rear conservatory the rear garden area of No. 35 has been reduced. The separation distance between No. 35’s conservatory and the proposed garage would be approximately 7 metres.

7.11 It is acknowledged that the proposed garage would be located on a slightly higher plot than No. 35 even after the proposal to lower than the land levels. However, given the separation distance, the roof pitch angled away from No. 35 and the existing 1.8 metre high close boarded wooden fence, it is considered that the proposal would not result in a detrimental impact on the amenity of No. 35.

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7.12 The proposed garage would not result in a loss of privacy as the garage is not a habitable room. The proposed garage is ancillary to a residential property.

7.13 The proposed gate is located approximately 14 metres from the closest directly facing residential property. This distance is considered sufficient to ensure that the proposed gate does not appear overbearing.

7.14 Given all of the above it is not considered that the proposal would not have a detrimental impact on the residential amenity of the neighbouring occupiers and would therefore comply with Policy GEN 8.

Highways

7.15 Policy CP 2 of St. Helens Core Strategy aims to protect safe and adequate access to and from the public highway and parking provision.

7.16 The Council’s Highway department have been consulted on this application.

7.17 Parking provision would be unaffected as a consequence of the proposals and is not deemed to have any significant highway implications.

7.18 The proposal would comply with Policy CP 2 of St. Helens Core Strategy.

Additional Considerations

7.19 The submitted plans indicate that no building would take place on the Right of Access to the northern boundary of the site. It should be noted that boundary disputes are are a civil matter. The applicant has signed certificate B indicating that they do not own all the land within the red line boundary but they have served the requested notice on the other owner.

7.20 It is acknowledged that animals at times may become distressed however this is not a material planning consideration.

7.22 Any loss or gain in property value is not a material planning consideration.

7.23 It is considered that the submitted plans are sufficient for a decision to be made on the outcome of this application.

8. CONCLUSION 8.1 The proposed development would be acceptable in terms of scale, design and

materials within its setting and would be in character with the appearance of its surrounding. It would also be acceptable in terms of its impact on the neighbouring properties.

9. RECOMMENDATION

9.1 Grant Planning Permission Subject to the following conditions:

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1. The works hereby permitted must be begun within 3 years of the date of this decision notice.

2. The development shall be carried out in accordance with the following application drawings:

Proposed Plans and Elevations - Dwg No. 1660/SK/02 Rev CExisting and Proposed Site Block Plans - Dwg No. 1660/SK/01 Rev A Location Plan - Received by the LPA on 05 Sept 2018Gate Image - Received by the LPA on 15 Oct 2018

3. The garage hereby granted permission shall only be used as an ancillary use to the main dwelling house of 32 Bodmin Grove.

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10. IMAGES

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