Agenda item

To consider an application for the proposed erection of extension and alterations to the dwelling (copy attached).

An application was submitted for the proposed erection of extension and alterations to dwelling at 8 Lon Nant Denbigh.

Public Speakers –

Mr Dyfrig Berry (Against) – Understood why the neighbours have submitted the application, however the only reason he objected to the application is due to the overbearing effect the application would have on the privacy in the garden of his property. The properties were unusual as his house was placed in a triangle between two other properties, which were further back than his home, and therefore the back garden was the only area of privacy, a hedge would not mitigate any privacy concerns. It was stated that the applicant has claimed that there have been similar applications granted previously, however no other similar applications have been submitted. There were three planning issues of concern, however planning officers stated that the only ground for refusal was the overbearing nature of the proposed development.

Mr Richard Jones (For) – stated that he lived at 8 Lon Nant with his family, two children who attended local schools and they had a strong link with the local community. The property had not been improved upon for 30 years, and the proposed development would bring the house to modern standards. The majority of the objections had been answered in the report as being non applicable to the application. The only outstanding issue, was the perception of being overbearing on the neighbouring property. Within the supplementary planning guidance notes it stated that overbearing impact on a neighbouring property should be prevented particularly if there was a window to the side elevation to the adjacent property that the extension projects towards. Whilst it was not always achievable a one metre gap should be considered between the proposed extension and the boundary. Members were informed that the proposed extension did not increase the footprint of the existing building, and there were no windows to the south elevation, which directed towards 10 Lon Nant. Members were informed that 10 and 12 Lon Nant had previous planning permission approved which reduced the size of the rear of the garden which added to the perception of being hemmed in. It was stated that it would be unfair if the application was refused when other applications had been previously granted, and wished for the application to be granted to allow his family to continue to be a part of the local community.

General Debate –

Councillor Christine Marston who attended the site visit highlighted the complex nature of the site layout which was more apparent than the detailing within the report, however the previously granted applications had made the garden to the rear of 10 Lon Nant smaller. It was also noted that the windows to the rear of number 10 were obscure glass, which was noted as it was apparent overlooking was an issue.

Councillor Mark Young (Local member) praised the public speakers on speaking on such a difficult application, and sought clarity on whether judgement on the issue of overbearing was a matter of policy or opinion, and whether there could be any conditions included on any windows on the extension if the application was approved, which would assist in alleviating any concerns. 

Members stated that the report should note town council and not community council. It was also queried whether there had been an assessment on the impact on light for adjacent property. Historic applications with overbearing impact which had not been discussed in Planning Committee was raised and how consistency with the term was required for any future applications.

Planning officers clarified that judgement on the matter of overbearing was a matter of opinion based on application of guidance which assisted with assessing applications. There was no universal rule and that each case would need to be assessed individually. The rear bedroom window at 8 Lon Nant could cause issues with overlooking however it was again a matter of opinion as to how much of an impact the window would have. Conditions could be included to require submission of further details. It was suggested there would be no adverse loss of light due to the application.

Councillor Mark Young (Local Member) stated that Denbigh Town Council had raised no concern to the application, the corporate plan outlined that the council should encourage young families to adapt their homes to ensure they can stay within Denbighshire. The extension would not increase the footprint of the existing building, and no window would be on the side of the extension and the house was 6 meters away from 10 Lon Nant.

Proposed – Councillor Mark Young proposed the application be granted contrary to officer recommendation as the extension did not have an overbearing impact on the neighbours’ amenities, and it was proposed that a condition be placed on the detailing of the bedroom window to alleviate any concerns raised by residents. Seconded by Councillor Alan James.

Councillor Rhys Thomas (Local Member) stated that overbearing impact would occur in relation to the small garden of the neighbouring property. The historic applications were not directly relevant, and planning applications should be determined on their merits. The main issue with the development was due to the nature of the layout of the houses.

VOTE:

GRANT – 14

REFUSE – 4

ABSTAIN – 0

RESOLVED that permission be GRANTED, contrary to officer recommendation, on the grounds that the property would not be overbearing on neighbouring properties.