2014/514 143 RUMBUSH LANE SHIRLEY Application No: Ward/Area: Location: 2014/514/S BLYTHE 143 RUMBUSH LANE SHIRLEY SOLIHULL Date Registered: 14/03/2014 Applicant: Proposal: MR JAMIE LONG DEMOLITION OF GARAGE AND ERECTION OF PART SINGLE STOREY, PART TWO STOREY SIDE AND REAR EXTENSIONS (RESUBMISSION OF 2014/154). Documents Online: http://www.solihull.gov.uk/planning/dc/viewappdetail.asp?y=2014&r=514 This application is being reported to Planning Committee for the following reason(s): X X The proposals are a substantial departure from the Development Plan A new section 106 agreement is required The proposals would have a significant impact outside of its immediate vicinity The proposals have given rise to substantial weight of public concern The application has been called into Committee by a Member The application has been submitted by (or on behalf of) the Council (or it relates to Council owned land) and there has been one objection or more. The applicant is a Member or Officer of the Council (who has contact with Development Management) (or a close relative of such a person) The Head of Development Management has elected to refer the application to Committee UPDATE FOLLOWING PLANNING CIMMITTEE ON 14 TH MAY 2014 This planning application was presented at Planning Committee on 14 th May 2014 with a recommendation of approval. Members resolved to defer determination of the application, so that the applicant could be invited to amned the proposals. The amendment invited would reduce the rear projecting single storey kitchen / dining room by 1 metre, adjacent to the boundary with no. 145 Rumbush Lane. The applicant has declined to amend the proposal, and the scheme is therefore to be presented to the Planning Committee with identical plans and recommendation. PROPOSAL
This planning application was presented at Planning Committee on 14 th May 2014 with a recommendation of approval. Members of the Planning Committee resolved to defer determination of the application, and requested the submission of amended plans to reduce the rear projecting single storey kitchen / dining room by 1 metre, adjacent to the boundary with no. 145 Rumbush Lane. The applicant has declined to amend the proposal, and the scheme is therefore to be presented to the Planning Committee with identical plans and officer recommendation. Planning consent is sought for the demolition of the existing garage and the erection of a part single storey, part two storey side and rear extensions at 143 Rumbush Lane. The proposed side and rear extension would, at ground floor level, extend to the intervening side boundary with no. 145 Rumbush Lane with a width of 5.5m for a length of 5.8m, and would then dog-leg in, retaining a 0.3m gap to the boundary and extending 4.9m beyond the original rear wall of the dwelling. A 4.7m set-back would be retained to the further-most front wall of the dwelling. It would measure 4.7m in height to the ridge and 2.7m to the eaves. At first floor level, the side and rear extension would measure 3.5m in width and would extend 2m beyond the original rear wall of the dwelling. The ridge and eaves heights would match those of the existing main roof, at 7.4m and 4.8m respectively. The extension would be set back 2.0m from the main front wall of the dwelling. The proposed single storey rear extension would project 3.1m from the original rear wall and would have a flat roof measuring 2.8m in height. Three roof lanterns are proposed, measuring 3.5m from ground floor level. The planning application is a resubmission of a previous withdrawn scheme, application number 2014/154. The resubmitted application has removed the proposed front extensions, and reduced the scale of the proposed side and rear extensions. CONSULTATION RESPONSES Highways : No objection Landscape Architect Dickens Heath Parish Council Neighbours Notified REPRESENTATIONS : : : No objection subject to conditions 20/03/2014 20/03/2014
Eleven letters of representation have been received (including two letters each from four addresses) which, in summary, object to the proposed scheme for the following reasons: The extension will be overbearing, oppressive and affect light to no. 145, particularly the rear extension which will be on the boundary and have a significant detrimental effect on the rear garden and patio; The south-west elevation will present a stark and hostile view from the rear garden and does not adhere to the 45-degree rule; The roof lights to the roof plane fronting 145 Rumbush Lane will introduce an unacceptable level of artificial lighting; The extension will significantly reduce the garden area and set a precedent for others in Dickens Heath; The more forward projection will create a significant terracing effect when viewed from the road, changing the nature of well-spaced detached houses on a semi-rural road; The symmetry of the courtyard and streetscene will be changed; Parking spaces will be reduced from four to two for a five bedroom house, and parking will be displaced onto Rumbush Lane, when the Borough Council and Parish Council have supported banning on-road parking; The construction will cause noise and disruption; Properties to the rear of the site will be affected by noise from closer living proximity and restrictions on natural light; The extension of the dwelling into the garden will reduce natural drainage; The village is becoming a concrete jungle and trees / greenery should be saved; The occupier of no. 145 Rumbush Lane is a doctor and requires access; The application form states that pre-application was given advising the development is acceptable in principle and this constitutes predetermination. Pre-application notes should be made available. Dickens Heath Parish Council has objected to the proposed scheme for the following reasons: Over-development of plot; Change to streetscene the houses, in two similar designs, will no longer be symmetrical; Terracing effect will be created between detached dwellings; The parking will be reduced from four to two spaces for a five bedroomed house; Insufficient space for builders without encroaching on the access road to the five properties within the close; Contractors vehicles will park on Rumbush Lane and reduce the section of Rumbush Lane to a single lane of traffic, and cause problems for vehicles accessing Elveston Way.
Cllr. Hawkins has requested that the application is presented to Planning Committee. POLICY Solihull Local Plan (2013) Policy P8 Managing Demand for Travel and Reducing Congestion Policy P10 Natural Environment Policy P14 Amenity Policy P15 Securing Design Quality Government Guidance National Planning Policy Framework SPG/SPDs House Extension Guidelines (2010) PLANNING HISTORY 2014/154/s (12 Mar 14) [Withdrawn] Demolition of existing garage, first floor and two storey front extensions, single storey and two storey side and rear extensions. 2000/1568/s (06 Sep 00) [Full plans approval] Rear conservatory SITE DESCRIPTION The application property is a modern detached dwelling located in a residential area. The surrounding dwellings are of similar age and style, with a variety of two and three storey house types. The property is sited within a row of five detached dwellings set back from Rumbush Lane. There are mature TPO trees and hedging screening the dwellings from the main highway. The application property has a block paved driveway, detached garage and lawned area to the frontage. The rear garden is turfed with patio and gravel areas, and 1.8m close boarded fencing to side and rear boundaries. The property has an existing single storey rear conservatory projecting 4.4m from the original rear wall (granted planning permission under application 2000/1568). The neighbouring property at no. 145 Rumbush Lane is currently undergoing a single storey side extension to the north elevation, with dwarf brick wall and gates to the side boundary and new access to Rumbush Lane. These works have not yet been granted planning approval, although an application has been submitted.
MAIN ISSUES Scale, design and impact on character and appearance Impact on neighbour amenity Landscape considerations Highways considerations Other considerations APPRAISAL Scale, design and impact on character and appearance Policy P15 Securing Design Quality states that all new development should conserve and enhance local character, distinctiveness and streetscape quality. Scale, massing, density, layout, materials and landscape of the development should respect the surrounding natural, built and historic environment. The Council s SPD House Extension Guidelines (2010) states that the space around a dwelling and the gap(s) (if any) to the boundary usually make a very important contribution to the appearance of the house and character of [the] neighbourhood. The gap should be protected to ensure that dwellings do not appear to be terraced, cramped or unreasonably squeezed in the plot. A reasonable gap to the boundary must be retained of at least 1 metre in most cases. The SPD also states that to ensure an extension is well-proportioned, its width should normally be significantly less than the width of the original dwelling. The cumulative effects of extensions to the property will be considered. A non-subservient extension will be considered for detached dwellings, however the extension should remain proportionate and retain a balanced appearance to the dwelling. The SPD states that rear extensions should be designed to integrate with the style and character of the existing dwelling. The proposed side extension would be set in from the intervening boundary by 2.0m. It is considered that this gap is sufficient to ensure the extension does not appear cramped or contribute to a terracing effect at first floor level. The first floor element of the extension would also be set back 2.0m from the main front wall, thus retaining a subservient appearance. Whilst the ridge and eaves line would carry through from the existing dwelling, it is not considered that a set-down is required in this instance, due to the detached nature of the dwelling. The proposed garage extension would abut the boundary at ground floor level, with a 0.3m gap for the remainder of its length (kitchen and dining). It is noted that the adjacent property at no. 145 Rumbush Lane is currently undergoing a single storey side extension. It is acknowledged that these
works would result in the loss of a gap between the neighbouring dwellings; however, this would be at ground floor level only and it is not considered that the works would contribute to a harmful impact upon the visual amenity of the dwellings within the streetscene. The House Extension Guidelines do not require a gap to be maintained at ground floor level. The ground floor extension would also retain an adequate set back from the front wall, thus ensuring it is subservient in appearance. The application property is also set well back from the Rumbush Lane and the front boundary with the highway is screened with mature hedging and TPO trees. It is not considered that the works would cause undue harm to the visual amenity of the wider streetscene. To the rear of the dwelling, the side / rear extension would, at ground floor level, project 1.0m further into the rear garden than the existing detached garage. An adequate 4.4m gap would be retained to the rear boundary. It is not considered that this modest additional projection would be unduly harmful in terms of amenity space to the rear garden. The extension would be subservient in appearance with a dual pitched roof, and the ridge line set below the eaves level of the main dwelling. The ridge height of the proposed extension would match that of the existing garage (4.7m). The roof would be rotated through 90-degrees compared to the existing gable end facing no. 145 Rumbush Lane, thus pitching away from the intervening boundary and reducing the bulk and massing of the development. At first floor level, the side / rear extension would have a modest 2.0m projection beyond the original rear wall, with matching ridge height and eaves. It is considered that the works are of a suitable scale and design to integrate with the character and appearance of the original dwelling. The single storey rear study / orangery extension would have a modest 3m projection from the original rear wall, and is considered to be of a suitable scale and design that would respect the character of the original dwelling. Adequate amenity space would be retained to the rear garden and it is not considered that over-development of the plot would result. In conclusion, the proposed development is considered to comply with Policy P15 of the Solihull Local Plan (2013) and SPD House Extension Guidelines (2010). Impact on neighbour amenity Policy P14 Amenity of the Solihull Local Plan (2013) states that development will only be permitted if it respects the amenity of existing and proposed occupiers, and would be a good neighbour. The Council s SPD House Extension Guidelines (2010) advises that the main impact upon neighbours is through the loss of direct sunlight or general daylight, a general overbearing or dominating effect from an extension that is
too large or too close to the adjacent property, and unreasonable loss of privacy from overlooking windows, particularly at first floor level. The Council will also apply the 45-degree guide, calculated from the centre point of the nearest main habitable room window. Any extension that breaches that angle can reasonably be expected to affect outlook and light to neighbouring properties, and a first floor extension that breaches the 45- degree angle will normally be unacceptable. The neighbouring property at no. 145 Rumbush Lane is a three storey detached town house. No. 145 has no windows on the facing side gable, and therefore the proposed side extension would not result in any loss of light. To the rear elevation, the proposed extension would result in a 2m breach of the 45-degree angle when measured from the nearest habitable window at ground floor level. However, the 45-degree angle is already breached by the existing detached garage, and the proposed extension would have only a modest 1m projection beyond the existing garage which abuts the boundary. It is also noted that the application property lies to the north relative to no. 145. Therefore the development would not cause an undue loss of light or overshadowing. The roof of the rear extension would pitch away from the boundary, thus mitigating against any overbearing impact. The House Extension Guidelines provide for some flexibility with regard to ground floor extensions. Three no. facing rooflights are proposed, however these would be at ground floor level only and would not result in any overlooking or loss of privacy. Concerns have been raised that the rooflights would cause unacceptable artificial lighting to no. 145; however, it is not considered that this would be unduly harmful in what is a residential area. At first floor level, the nearest window in the rear elevation of no. 145 serves a bathroom and therefore is non-habitable. The extension is not considered to be unduly harmful in terms of its scale and height, and an adequate gap would be retained to the intervening side boundary with no. 145 at first floor level. Therefore it would not be overbearing. With regards to the neighbouring property at no. 141 Rumbush Lane, the proposed single storey rear study / orangery extension would not breach the 45-degree angle and a 1.2m gap would be retained to the intervening side boundary. It is of a modest height and would not be overbearing or result in loss of privacy. The first floor rear extension would include the addition of a first floor side facing window. An 11.2m gap would be retained to the side boundary, and a planning condition can be imposed to ensure the window is obscure-glazed and top-opening to ensure overlooking does not result.
With regards to no. 17 Hirdemonsway to the rear of the site, an adequate 4.4m gap would be retained to the rear boundary to ensure the proposed works are not overbearing. The proposed works would not breach the 45- degree angle from habitable windows in the side and rear elevations, and it is not considered that the works would result in any loss of privacy or overlooking. In conclusion, the proposed development is considered to comply with Policy P14 of the Solihull Local Plan (2013) and SPD House Extension Guidelines (2010). Landscape considerations Policy P10 Natural Environment states that the Council will seek to protect, enhance and restore the diverse landscape features of the Borough and where development is permitted, appropriate mitigation of the impacts and compensation where relevant will be required to deliver a net gain in biodiversity, habitat creation, landscape character and local distinctiveness. The Landscape Architect has raised no objections to the proposed scheme, subject to the imposition of conditions requiring tree protection measures and replacement tree planting in the event of tree loss. The proposal is therefore considered to comply with Policy P10 of the Solihull Local Plan (2013). Highways considerations Policy P8 Managing Demand for Travel and Reducing Congestion states that development will not be permitted which results in a significant increase in delay to vehicles, pedestrians or cyclists, or a reduction in safety for any users of the highway or other transport network. The Highways Engineer has raised no objection to the proposed scheme. Concerns have been raised that the development would result in a decrease in the number of parking spaces from four to two. However, two spaces would be retained to the front driveway and an additional two to the garage extension. The proposal is therefore considered to comply with Policy P8 of the Solihull Local Plan (2013). Other considerations Concerns have been raised that the development would cause noise and disturbance during the construction process; however, this would be a temporary consequence of any development works and would not constitute sufficient reason to refuse the application.
Concerns have also been raised that the development would affect the natural drainage of the site. Individual drainage from a single dwelling is a matter that would be covered under the Building Regulations. CONCLUSION In conclusion, and with due regard to all material planning considerations, it is not considered that the works would cause undue harm to neighbour amenity, or to the visual amenity of the dwelling or streetscene. The development would not cause harm to landscape character or highway safety. RECOMMENDATION For the reasons outlined above, I recommend approval subject to the following conditions: (1) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers: 01; 02 Rev E. To ensure compliance with the approved plans and details to safeguard amenity and the quality of the environment in accordance with Policies P14 and P15 of the Solihull Local Plan (Dec 2013). (2) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Pursuant to the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004. (3) The external facing materials of the development hereby approved shall match in colour, texture and brick bond those of the existing building. Where a close match cannot be found, or where the existing building consists of a mix of materials, no building works shall be commenced until material samples have been submitted to and approved in writing by the Local Planning Authority. Development shall then be carried out in accordance with the approved schedule of materials. To safeguard the visual amenities of the area in accordance with Policy P15 of the Solihull Local Plan 2013. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and reenacting that Order), no windows or other openings shall be inserted on the elevations facing nos. 141 Rumbush Lane and 145 Rumbush Lane on the approved plan without the prior written approval of the Local Planning Authority. To safeguard the amenities of adjacent neighbours in accordance with Policy P14 of the Solihull Local Plan 2013.
(5) The window(s) to be installed in the bedroom of the extension which faces no. 141 Rumbush Lane shall be obscurely glazed, and non-opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The windows shall thereafter be permanently retained in that condition. To safeguard the amenities of neighbours in accordance with Policy P14 of the Solihull Local Plan 2013. (6) Prior to the commencement of work on site, all existing trees/hedges and large shrubs except those agreed for removal, shall be protected by barriers. Details of the type of fencing and its siting shall be submitted to and approved in writing by the Local Planning Authority, thereafter the tree barriers shall be implemented and maintained on site as approved. The protected areas shall be kept free of all materials, equipment and building activity during the site development, and ground levels within the protected areas shall not be raised or lowered. To minimise disturbance to existing vegetation during development in accordance with Policy P10 and P15 of the Solihull Local Plan 2013. (7) Any tree, hedge or shrub scheduled for retention which is lost for any reason during development works, shall be replaced with a tree, hedge or shrub of a size and species to be agreed in writing with the Local Planning Authority and planted during the first planting season after its loss. To retain the character of the landscape in accordance with Policy P10 and P15 of the Solihull Local Plan 2013. The decision to grant planning permission has been taken having regard to the policies and proposals in the Solihull Local Plan (2013) set out below together with all other relevant material considerations, including Supplementary Planning Guidance, and the particular circumstances and reasons summarised below. Relevant Policies Solihull Local Plan - Shaping a Sustainable Future (Dec 2013) P8 - Managing Demand for Travel and Reducing Congestion P10 - Natural Environment P14 - Amenity P15 - Securing Design Quality Government Guidance NPPF SPDs House Extension Guidelines (2010) In reaching this decision the Council is mindful of the particular circumstances and reasons set out below, namely: The proposed development is
appropriately proportioned to harmonise with the character and appearance of the existing dwelling and streetscene. Further, the proposed development will not cause an unreasonable loss of light, or privacy, or have an overbearing impact on the amenities of neighbours. The proposal will not cause harm to the natural environment or to highway safety. The proposal therefore, accords with Policies P8, P10, P14 and P15 of the Solihull Local Plan and advice contained in the adopted House Extension Guidelines 2010.