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The Committee received report ES/1613 of the Head of Planning and Coastal Management, which related to planning application DC/22/4985/FUL.
The application sought full planning permission for the erection of one dwelling on land at Hungarian Lodge, High Street, Ufford. As the case officer's minded-to recommendation of approval was contrary to the recommendation of refusal received from Ufford Parish Council the application was considered by the Planning Referral Panel on 4 July 2023, in accordance with the scheme of delegation set out in the East Suffolk Council Constitution. The Planning Referral Panel was of the view that the significant planning considerations and public interest were such that the application should be determined by the Committee.
The Committee received a presentation from the Principal Planner, who was the case officer for the application. The Principal Planner summarised the evolution of the application, noting that originally a two-storey dwelling had been proposed; the scheme had been amended in response to comments received to form the proposal that was before the Committee.
The site's location was outlined and the Committee was shown photographs demonstrating the following views:
- looking into the application site
- towards the application site from the south
- towards the application site from the north
- towards the host dwelling from Lodge Road
- looking into the site from the access point
- properties in Lodge Road with gardens bordering High Street
- towards 11 Lodge Road from within the application site
- from the access point into the site, showing the relationship with 11 Lodge Road
- looking east to west across the application site
When displaying the photographs, the Principal Planner outlined the fenestration arrangements of 11 Lodge Road facing the proposed development and highlighted that the window that would be most affected served the property's dining room.
The Committee was shown the proposed layout, elevations and floor plans. The Principal Planner displayed the proposed sections and demonstrated the development's relationship to 11 Lodge Road.
The material planning considerations and key issues were summarised as the principle of development, design and appearance, and the impact on neighbours' residential amenity, particularly in regard to light.
The Principal Planner provided an overview of the impact on light to 11 Lodge Road. The Committee was advised that all windows with a requirement for daylight had passed the Vertical Sky Component test with the exception of the dining room window.
The Principal Planner explained that where existing buildings sat close to the boundary, alternative targets can be applied by calculating the level of light that the window would achieve if obstructed by a hypothetical 'mirror image' of the existing building; the dining room window passed the Vertical Sky Component test using this target and the Principal Planner highlighted that similar applies to the daylight distribution target.
The recommendation to approve the application, as set out in the report, was outlined to the Committee.
The Chair invited questions to the officers. The Principal Planner confirmed the Councillor Deacon that Ufford Parish Council had not objected to the original two-storey development proposal.
Councillor Hedgley queried the distance of the proposed dwelling from the site boundary. The Principal Planner said the bungalow would be located one metre from the shared boundary with 11 Lodge Road. Councillor Daly queried the distance from the windows of 11 Lodge Road; the Principal Planner explained that the windows affected at 11 Lodge Road were a further two metres away from the shared boundary.
Councillor Ninnmey asked what the increase in footprint had been as a result of the variations made to the application. The Principal Planner was not aware of the precise measurements but was able to display layout drawings demonstrating the change in footprint over the evolution of the application. The Principal Planner confirmed to Councillor Ninnmey that the chimney was for decorative purposes.
The Chair invited Mr Leigh, who objected to the application, to address the Committee. Mr Leigh said he was representing his mother, whose home neighboured the site and who also objected to the application. Mr Leigh said he strongly objected to the application on several grounds; he considered the design failed to respond to the local vernacular and was generic, and sat poorly in relation to neighbouring properties.
Mr Leigh was of the view that the proposed development did not enhance the special architectural character of the area, noting that several listed buildings neighboured the site, and the design was not sympathetic to these buildings. Mr Leigh said that a lack of unified treatment for the façade was a further indication that the development did not fit in to its surroundings.
Mr Leigh said that the development would also have an ecological impact and would remove important habitat. Mr Leigh also pointed out that the close proximity of the bungalow to the shared boundary with 11 Lodge Road was further evidence of the applicant's lack of consideration and would cause an unacceptable level of impact on the light enjoyed by that property.
Mr Leigh said the application was not BRE compliant and said the case officer's justification through alternative testing was erroneous; he said he taken expert advice that suggested such alternative testing was for urban high-rise areas and not applicable to low-rise rural development. Mr Leigh urged the Committee to consider the dangerous precedent accepting this testing would set and, for the reasons he had set out, to refuse the application.
The Chair invited questions to Mr Leigh. Mr Leigh confirmed that the existing habitat that would be lost was not public open space but would represent a further loss of green space in Ufford.
Mr Leigh was asked about the distances between the development, the shared boundary of 11 Lodge Road, and the windows of the existing property. Mr Leigh said he did not have the measurements to hand and referred to those provided by the Principal Planner in her presentation.
The Chair invited Councillor Smith, representing Ufford Parish Council, to address the Committee. Councillor Smith said that the Parish Council objected to the application for several reasons; he noted the applicant occupies a large plot and yet had placed the proposed dwelling very close to 11 Lodge Road in such a way that would cause overlooking, and noted the loss of light identified by the light assessment undertaken. Councillor Smith considered that it would be a more sensible use of the site to relocate the dwelling further from 11 Lodge Road and create more privacy for both properties.
Councillor Smith highlighted the case officer's assertion in the report that the impact on residential amenity was not significant enough to warrant refusal; he suggested otherwise and considered the impact the dwelling would have on 11 Lodge Road had been underestimated. Councillor Smith noted that the application site was of a higher ground level than 11 Lodge Road.
Councillor Smith said the Parish Council supported the objections made by residents and noted that the site formed an open ecological corridor that would be lost. Councillor Smith was of the view that the applicant had not adhered to pre-application advice about making the design being in keeping with the streetscene and reiterated that several listed buildings neighboured the application site.
Councillor Smith submitted that that the proposed dwelling would have a significant impact on the streetscene and that the case officer should have insisted on a streetscene drawing being submitted. Councillor Smith noted that the Highways Authority had originally objected to the application before moving to recommending approval subject to conditions, and that there had been no consultation with neighbours. Councillor Smith encouraged the Committee to refusal the application for the reasons he had set out.
The Chair invited questions to Councillor Smith. In response to a query from Councillor Deacon regarding the Parish Council's comments on the first iteration of the application, Councillor Smith said this was a consequence of timing and that the Parish Council had been given a very limited period to consider the first application; he said it was a matter of record in the Parish Council minutes that some councillors had raised objections with the original application.
Councillor Smith confirmed to Councillor Hedgley that there had been no consultation undertaken by the applicant. Councillor Smith advised Councillor Ninnmey that whilst he did not have precise information on the biodiversity loss to hand, the draft Ufford Neighbourhood Plan had identified the site as part of an existing ecological corridor and that adjacent developments had cited this as important to offsetting their own ecological impact.
The Chair invited Mr Jones, the applicant's agent, to address the Committee. Mr Jones noted he was a right to light surveyor for the applicant and made a presentation on the results of the BRE surveys completed. Mr Jones highlighted specifically the results relating to the dining room window of 11 Lodge Road and that it had marginally failed the two-prong Vertical Sky Component test on both loss and ratio, with similar results for the daylight distribution test.
Mr Jones outlined the alternative test using a hypothetical 'mirror image' of the existing building as detailed by the Principal Planner in her presentation and summarised that it could be the case that the dining room window takes it fair share of the light.
The Chair invited questions to Mr Jones. In response to a query from Councillor McCallum, Mr Jones reiterated the explanation of the alternative test given by the Principal Planner earlier in the meeting. When asked by Councillor Daly for comment about Mr Leigh's observation that the alternative test should not be applied in a low-rise and rural area, Mr Jones challenged this notion and explained that the test was self-regulating and created its own targets and could be applied to rural, urban and suburban areas.
The Chair invited the Head of Planning and Coastal Management to comment on issues relating to light. The Head of Planning and Coastal Management explained that the impact on light to 11 Lodge Road was one factor to be considered as part of considering the relationship between the proposed dwelling and the neighbouring property.
The Committee was advised that the figures provided by Mr Jones needed to be balanced against other factors when determining the application and highlighted the change of height between the two sites. The Head of Planning and Coastal Management advised that if the Committee needed further understanding of the possible loss of light issue, it could defer its decision to allow for a site visit to take place.
The Chair invited Councillor Noble, the ward member for Ufford, to address the Committee. Councillor Noble endorsed the comments of Mr Leigh and Ufford Parish Council and said she had received feedback from the residents that they had struggled to find the elevations in the application documents and that the submitted drawings were not clear or well labelled.
Councillor Noble highlighted that the applicant had not submitted a design and access statement and no comments had been received from the Council's Design and Conservation team; she pointed out that the proposed dwelling was very close to 11 Lodge Road and there was no indication of the proposed boundary treatments. Councillor Noble said that Google Maps images suggested large trees on the site had already been felled and there was very little space for replanting or softening the boundary with 11 Lodge Road.
Councillor Noble said it was regrettable that there had not been a site visit and considered that the proposed dwelling would not benefit Ufford and would have a negative impact on biodiversity.
The Chair invited questions to Councillor Noble. Councillor Ninnmey asked if the site had been detailed in the work to draft the Ufford Neighbourhood Plan and Councillor Noble said she was not fully aware.
Councillor Smithson queried if there would be the same level of objection if the design was more appropriate to the area. Councillor Noble replied that the proximity of the proposed dwelling to 11 Lodge Road was a significant component of objections, which were not solely based on the design.
The Chair invited the Committee to debate the application that was before it. Councillor McCallum proposed that, given the issues around light and the objections received, the application be deferred to enable the Committee to visit the application site; this was seconded by Councillor Hedgley.
Councillor Deacon concurred that a site visit was required given the complexities of the application and considered it would be helpful to do so.
There being no further debate the recommendation to defer the application to enable the Committee to visit the site was put to the vote and it was unanimously
RESOLVED
That the application be DEFERRED to enable the Committee to visit the application site.
Officers advised that a site visit would be arranged and that details would be circulated to members of the Committee in due course.