Application for revised
plans to erect a detached dwelling approved by outline
permission reference
5/79/134 and detailed permission PIAW 5/79/134
LOCAL
MEMBERS:
Councillors G. Michael Stevens and Anne
T. Lloyd Jones
Minutes:
Application for revised plans to erect a detached dwelling approved by
outline permission reference
5/79/134 (1988) and detailed reserved permission PIAW 5/79/134 (1990).
It was noted that confirmation has been given in
the past that this permission was still active under provisions Section 56 of
the Town and Country Planning Act 1990 (as amended) as the development had been
commenced within five years in line with the planning permission.
(a)
The Senior Development Control Officer expanded on
the background of the application and noted that the house, which had now been
partly built, stood in the middle of a partly developed housing estate on land
located within the Tywyn development boundary. The
principle of developing an estate of residential houses had already been formed
on the site since the approval of the outline planning permission in 1988, and
the development details regarding the layout of the estate had been permitted
in 1990. As this permission had been implemented within the designated time on
that original planning permission, it was important to note that the principle
of developing a house on this site had already been formed.
It was noted that the principle of developing a
dwelling on this site had already been accepted and formed via historical
permission, and therefore the UDP policy which related to constructing new
houses within boundaries (CH4) was not relevant, as the application did not
involve considering the site’s development principle for a new house but rather
involved assessing an amended design.
It was noted that the overall design and finish of
the dwelling was in keeping with the design of the house which had already been
permitted, apart from some changes, but it was considered that the finish of
the dwelling was in keeping with the remainder of the estate. It was noted that
objections had been received by nearby residents, alleging that the plans
should not be changed following the granting of permission. In response, it was
noted that Gwynedd Council Enforcement (Planning) Policy 2010 stated that a
retrospective application could be submitted to the Council in order to
regulate the unauthorised development with appropriate conditions and in order
to create an acceptable development and therefore it was not considered that
this retrospective application undermined the planning procedure.
The fact that the implemented planning permission
existed on the site was an important planning consideration when considering
the current application. The Local Planning Authority had already permitted the
construction of a house on the site and it was not considered that the
amendments to the design and size were sufficient to justify refusing the
application. It was not considered that the proposal, in accordance with the
relevant conditions, would have a significant impact on the visual amenities of
the area nor those of the neighbouring residents and it was considered that the
proposal conformed with all the policies noted in the report.
Attention was drawn to the additional
observations that had been received.
(b) It was proposed and seconded to approve the
application in accordance with the recommendation.
(c) During the discussion, the following
observations were made:
·
The need to keep the site tidy during the work.
RESOLVED to approve
the application subject to the following conditions:
1. Develop in accordance with submitted
plans;
2. Agree on the finish for the
remaining external elevations;
3. Submit a landscaping
plan within 2 months from the date of permission;
4. Implement a
landscaping plan within the first planting term following its approval;
5. Abolish some
permitted development rights and install opaque glass for some windows.
Supporting documents: