Agenda item

To consider an application for erection of extension and alterations to dwelling at Bodlonfa Lodge, Rhuallt, St. Asaph (copy attached).

An application was submitted for the erection of extension and alterations to dwelling at Bodlonfa Lodge, Rhuallt, St. Asaph.

Public Speaker –

Eva Walters (For) – the application was first brought to Planning Committee in July 2022 when it was recommended for approval with a larger set of clear glazed French doors and Juliette balcony in the rear bedroom.  The decision was delayed following a request by Councillor Chris Evans to hold a site visit.  As a result of being outside the timeline for a decision the application was referred to Welsh Government.  In August 2022 the neighbours installed a patio which became the sole reason for Welsh Government to refuse the application on the grounds that the French doors and the Juliette balcony were too large and impacted the neighbours’ new patio.   These are also the reason for the restrictions in the current report.  The fact around the application are as follows – the neigbours property directly borders a quarter mile deadend lane which services 8 other properties and 25+ residents as well as a further two farms accessing the fields beyond.  The boundary wall between the house and the lane is low and interior of the house, garden and patio are easily looked into from the lane by foot and vehicle traffic as well as from the large clear windows on the east side of my property.  The proposal to restrict the rear window with obscure glazing and no opening treats the patio with the same privacy as a habitable room which it is not.  It is not even used in the colder months.  The previous application has already been modified to accommodate the privacy of the patio with a much smaller clear glazed window rather than the French doors to reduce the field of view to the rear already limited as the houses diverge away from each other and my property is sat further back.  The back of my property is heavily bordered by 15 metre plus oak trees protected by tree preservation order resulting in little light penetration to the west side of the house at any time of the day at any time of the year.  Obscure glazing to the window to the rear would further reduce the light penetration to the bedroom, therefore reducing the energy efficiency.  The application has been deemed in line with all planning distances and requirements several times.  The proposed to the rear window are excessive as they seek to preserve a privacy which has never existed at Little Lodge at the expense of my year round wellbeing.  They are also not compliant with the Authority’s Supplementary Planning Guidance nor proposed for other similar developments.  I have had several major surgeries in recent years requiring extensive recovery in bed and I can testify to the benefits of good amounts of natural light in the bedroom to support mental health and wellbeing and the healing process.  I am happy with the obscure glazing to the east window which increased the priority of my neighbours’ habitable rooms but I object to the restrictions on the rear window. 

At this juncture, the applicant requested that a vote on the application took place without the restrictions to the rear window.

A site visit had taken place on 19 May 2023.

Planning Officers confirmed they had taken the lead and given significant weight to what the previous Planning Inspector commented and directed members to page 119 of the agenda pack, paragraph 9, which summarised that a window in that location if it was able to be opened or not obscure glazed would have an unacceptable impact on the amenity of the neighbouring garden.  The proposed condition reflected that summary.

In response to the applicant suggesting the obscured window would go against the supplementary planning guidance, which suggested obscure glazing should not be used in habitable rooms, in this instance within the mentioned bedroom there were two sets of windows on two elevations.  Therefore, the window being recommended to be obscure glazed would be a secondary window, the other window would not be obscure glazed.

Councillor Chris Evans proposed the application be GRANTED as the resident had worked with officers to amend the plans, seconded by Councillor Peter Scott.

VOTE –

For – 16

Against – 0

Abstain – 0

RESOLVED that the planning application be GRANTED in accordance with officer recommendation.