Agenda item

To consider report PES/408aof the Head of Economy and Planning.

RECOMMENDATION to REFUSE.

The Committee considered report PES/408a of the Head of Economy and Planning which proposed as follows:

Retrospective application for variation of condition 3 (materials) pursuant to CR/2020/0028/FUL for the demolition of existing rear conservatory & single storey extension & erection of a two storey & single storey rear extension, first floor side extension & two storey front extension.

Councillors Ali and Burrett declared they had visited the site.

The Principal Planning Officer provided a verbal summation of the application, which sought permission for a variation of an application condition regarding a change to the colour of the window frames on a residential dwelling.  The Officer updated the Committee that the following correction to the recommendation was required:

‘REFUSE for the following reason:

1. The dark grey roof windows, by reason of their colour and appearance, are considered to detrimentally impact the character, appearance and visual amenity of the existing dwelling and harm the surrounding Woodlands street scene. They are therefore contrary to policy CH3 of the Crawley Borough Local Plan (2015-2030), the guidance set out in the Urban Design Supplementary Planning Document and the National Planning Policy Framework.’

The Officer then gave details of the various relevant planning considerations as set out in the report.

James Nayler, the agent, spoke in support of the application.  Matters raised included:

·       The grey windows had already been installed, so permission was sought for them to be retained.  Their replacement at this stage would be costly and time-consuming.

·       The windows were not out of character with the streetscene on Woodlands and the surrounding roads as the properties were of a wide mix of styles.

·       The variation of the condition which was sought was a minor change.

Satwinder Gill, the applicant, spoke in support of the application.  Matters raised included:

·       A number of other properties in the local area, including neighbouring houses, had had white windows replaced with anthracite grey windows. 

·       Neighbours of the property had expressed their support for the installation of the grey windows.

·       The development of the property had allowed for upgrades and improvements which had led to an aspirational family home.

The Committee then considered the application.  The following points were raised as part of the discussion:

·       Generally, it was considered important that applicants follow the conditions attached to any planning permission issued by the Council.  It was disappointing that there had been non-compliance with conditions on this occasion (regardless of the nature of the matter).

·       The styles of property in the area were mixed.  It was hard to pinpoint the nature of the streetscene as there were many visually different houses, so it was therefore difficult to conclude that any one house was incongruous to the local setting.

·       Many houses in the local area also had grey windows.  However, it was not always clear whether these properties’ windows were installed under permitted development rights, under planning applications, or without planning permission.  The Officer confirmed that, generally, if any proposed development sought to use materials that did not match the existing materials, planning permission would be required.

·       The grey windows were attractive and reflected a wider trend towards a more modern style of development, which was not detrimental to the streetscene.

·       Other issues regarding the same original planning application were not to be considered under this application for a variation of one of the conditions.  Those matters were subject to separate channels of investigation.

·       Following a query from a Committee member, the Planning Officer outlined the process of a planning application’s consideration by the Planning Inspectorate. It was confirmed that a similar application for a change of materials on this property had been previously considered by the Inspectorate, that considered the grey windows to be unacceptable.

A vote was taken on the recommendation to refuse the application as set out in the report, which was overturned.

The Committee considered alternative proposals.  Discussion was had regarding possible conditions to attach to the planning permission, were it to be granted.  It was agreed that any conditions should be based on those included in the original planning application, with the necessary amendment to cover the change in colour of the windows, and with any amendments or further conditions to be determined and added by the Planning Officer as necessary.

A proposal to permit the application was moved and seconded.  The Committee explained that it believed the anthracite grey windows did not detrimentally impact the visual amenity of the property, and that these were in keeping with the streetscene due to the mix of property and window styles in the local area.  It was also highlighted that there had been no objections from neighbours regarding the application.

The Committee then voted on the proposal to permit the application.

RESOLVED

Permit subject to the following conditions:

1.   The development hereby permitted shall not be carried out other than in accordance with the approved plans listed below:

     REASON: For the avoidance of doubt and in the interests of proper planning.

2.  The materials to be used for the development except for the windows shall strictly accord with those indicated on the approved details of the permission granted under ref CR/2020/0028/FUL.

     REASON: To enable the Local Planning Authority to control the development in detail in accordance with Policy CH3 of the Crawley Borough Local Plan 2015-2030.

3.  All the window frames shall be finished in one colour of either anthracite grey or white.

     REASON: To enable the Local Planning Authority to control the development in the interests of amenity in accordance with Policy CH3 of the Crawley Borough Local Plan 2015-2030.

4.  The proposed first floor en-suite window closest to no. 8 Woodlands on the eastern rear elevation of the proposed two storey rear extension shall at all times be glazed with obscured glass and, apart from any top-hung vent, be fixed to be permanently non-opening.

     REASON: To protect the amenities and privacy of the adjoining properties, in accordance with Policy CH3 of the Crawley Borough Local Plan 2015-2030.

5.  The first floor en-suite and bathroom windows on the southern side elevation and at the southern end of the rear elevation of the proposed extensions shall at all times be glazed with obscured glass and, apart from any top-hung vent, be fixed to be permanently non-opening.

     REASON: To protect the amenities and privacy of the adjoining property, in accordance with Policy CH3 of the Crawley Borough Local Plan 2015-2030.

6.  No windows (other than those shown on the plans hereby approved) shall be constructed in the north or south elevations of the extensions hereby permitted which adjoin the side boundary with Nos. 4 or 8 Woodlands without the prior permission of the Local Planning Authority on an application in that behalf.

     REASON: To protect the amenities and privacy of the adjoining property in accordance with Policy CH3 of the Crawley Borough Local Plan 2015-2030.

NPPF Statement

     In determining this planning application, the Local Planning Authority assessed the proposal against all material considerations and has worked with the applicant in a positive and proactive manner based on seeking solutions where possible and required, by:

·     Liaising with applicant and agent and discussing the proposal where considered appropriate and necessary during the course of the determination of the application.

·     Seeking amended plans/additional information to address identified issues during the course of the application.