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  • Agenda item

    Application No C19/0328/11/LL - 33, Bryn Eithinog, Bangor

    • Meeting of Planning Committee, Monday, 20th May, 2019 1.00 pm (Item 12.)

    Extension at the rear and at the front of the property

     

    LOCAL MEMBER: Councillor Elin Walker Jones

     

    Link to relevant background documents

    Minutes:

    Extension at the rear and at the front of the property

     

    Attention was drawn to the late observations form that had been received

     

    (a)  The Development Control Manager elaborated on the background of the application, noting that this was an application to extend the current two-storey house in the rear and in the front.   The rear extension would be two-storey and the front extension would be above the existing garage, with the exterior elevations of the extensions matching the existing elevations of the two-storey house.

     

    In terms of the principle of the development, it was highlighted that Policy PCYFF2 of the LDP stated that proposals would be refused if the development would have a substantial impact on the health, safety or amenities of the occupiers of local property.  It was highlighted that Policy PCYFF 3 states that proposals will be approved, including extensions and changes to existing buildings and structures, if they comply with a number of criteria, including: that the proposal adds to or enhances the character or appearance of the site, the building or the area in terms of setting, appearance, scale and height.  It was considered that the proposal to extend the residential property was acceptable in principle and that the layout, form, materials, scale and design of the extensions would not create incongruous or dominating structures in this part of the streetscape.

     

    In the context of general and residential amenities, it was noted that residential dwellings and their private gardens were located to the west (31 Bryn Eithinog) and to the north (26 Lôn y Bryn), adjacent to the application site. It was reported that an objection had been received from the occupier of number 31 Bryn Eithinog on the following grounds:-

     

    ·         Loss of light by creating oppressive structures.

    ·         Loss of privacy and overlooking into property known as 31 Bryn Eithinog.

    ·         Creation of additional traffic.

    ·         Impairing the area's character.

     

    In response to the objection of loss of privacy and overlooking, it was explained that the extensions had been designed to avoid any direct overlooking into nearby property (31 Bryn Eithinog and 26 Lôn y Bryn in this context), therefore it was considered that the proposal, as submitted, would not lead to overlooking and loss of privacy to nearby residents.

     

    In response to the objection of creating additional traffic, it was explained that the property was already a four-bedroom house and that there was no proposal to extend the number of bedrooms within the house.  Consequently, the Planning Officers did not anticipate that there would be an increase in traffic entering and exiting the site.  It was reiterated that the Transportation Unit did not have concerns regarding road safety or parking requirements and so the proposal was acceptable based on the requirements of Policy TRA2 and TRA4 of the LDP.

     

    In response to the objection of impairing the area's character, it was reported that the nearby area included a varied collection of different types of residential dwellings on the grounds of elevations, scale, form and designs, with a number of them already extended and changed in the past.  Having completed the assessment, it was considered that the extensions would not create dominating or incongruous structures in this section of the streetscene. 

     

    The Development Control Officer highlighted that observations had been submitted during the consultation period that were immaterial to planning.  Some alleged the possibility that the house would be turned into a house in multiple occupation (HMO).  It was emphasised that the application had been submitted based on erecting extensions to a Use Class C3 residential house, rather than to a Use Class C4 HMO. In response to this concern, the applicant's agent was contacted and written confirmation was received that the proposal did not relate to changing the use of a house (C3) into a HMO (C4).   It was reiterated that the house was being let to students and from the information submitted with the application, there was no evidence submitted stating that the house was used as a HMO.

     

                Having considered all the relevant planning matters and observations received, including the correspondence of objection, it was considered that this application was acceptable on the grounds of the principle, design, location, setting, use, materials, residential amenities, visual amenities and that it complied with the requirements of relevant local and national planning policies and guidance.   

     

    (b)  The local member (a member of this Planning Committee) made the following main points:-

    ·         Attention was drawn to the applicant's original application to build the entire house in the garden of the house.

    ·         That the property was a student house - it was not being used at present as a family home

    ·         That more student houses were 'creeping' into this residential area - the houses had been originally intended for families

    ·         A suggestion was made for the Committee to consider the application in light of the transportation concerns and the overprovision of student houses.

     

    (c)   It was proposed and seconded to approve the application.

     

    (ch) In response to a question regarding the use of the existing house and the need for a clear definition of the difference between a student house and a HMO, the Planning Manager highlighted that the property had been assessed as a house for the application.  It was reiterated that the house's legal use was as a house and there was no evidence to suggest that it was a HMO.  If the applicant wished to change the use of the house into a HMO, a new planning applicaiton would have to be submitted, along with an application for a relevant licence.  The Development Control Officer noted that the agent had confirmed that the house was being used as a house, and not as a HMO.  In further response to the concern, the Senior Planning Manager noted that the allegation regarding the use of the existing house could be investigated.

     

    The Senior Solicitor reiterated that refusing the application on the grounds that it could possibly be a HMO was not acceptable, and he reiterated that enforcement arrangements existed outside the Planning Committee forum.  He noted that the Committee needed to consider the application as an extension to a house and that the Members should trust the enforcement process to deal with the HMO matter.

     

    In response to the transportation concerns, it was highlighted that there were sufficient parking spaces outside the house, along with a sufficient curtilage in front of the property for parking purposes. 

     

    (d)  During the ensuing discussion, the following main observations were noted by members:

    ·         that the effort being made to invest in order to make the house more comfortable raised doubts that the house was going to be used for business use

    ·         That the observations and evidence of neighbours regarding the use of the current house needed to be considered

    ·         That the information was unclear

    ·         That the work needed to be in accordance with the plans

     

    RESOLVED to approve the application and propose a condition to investigate the current use of the house

     

    Conditions

    1.  Five years.

    2.  In accordance with the plans.

    3.  Natural slate.

     

    Supporting documents:

    • 33, Bryn Eithinog, Bangor, item 12. pdf icon PDF 106 KB
    • Plans, item 12. pdf icon PDF 382 KB