Retrospective house extension at 35 Ash Grove, Oxford

What was proposed

Retrospective permission was sought for extensions, roof alterations, windows, flues, air conditioning, landscaping, nesting boxes and a dropped kerb.

“Proposal Demolition of existing garage and rear extension. Removal of timber to front elevation and chimneys. Erection of a part single, part two storey side and rear extension. Alterations to roof to form hip to gable and insertion of rooflights in association with a loft conversion. Insertion of window to side elevation. Installation of flue, pipework and air conditioning unit. Alterations to landscaping and installation of nesting boxes and dropped kerb (Retrospective).”

“This report considers an application to seek retrospective planning permission. Permission is sought to demolish a garage and rear extension, remove timber from the front elevation and to remove chimneys, along with the erection of a part single, part two storey side and rear extension.”

Officer report

The site and surroundings

The site is a detached home on a residential street, with mostly two-storey houses, and is outside conservation areas and listed-building settings.

“The application site is a detached residential dwelling located on the western side of Ash Grove. Ash Grove comprises of residential dwellings which are predominantly two storey in scale in either detached form or in pairs of semi- detached dwellings. The dwellings typically benefit from small gardens or paved driveways to the front with long gardens to the rear. 5.2.”

Officer report

Earlier permission and enforcement

An earlier permission was granted in 2022, but construction differed from the approved plans, leading to enforcement investigation and this retrospective application.

“PROPOSAL 6.1. Planning permission was granted in February 2022 under application reference 21/02377/FUL for the “Demolition of existing garage and rear extension. Erection of a part single part two storey side and rear extension. Alterations to roof to form hip to gable. Insertion of 1no. window to side elevation. (Amended proposed site plan).” 6.2.”

Officer report

What officers recommended

Officers recommended approval because the development was acceptable in design and caused no detrimental harm to neighbours, highways, drainage, trees, sustainability or ecology.

“The development does not cause any detrimental impacts upon the amenity of any neighbouring dwellings, and nor does the development cause any impacts with regards to drainage, trees, sustainability or ecology.”

Officer report

Consultation and public views

Highways, environmental health, trees and ecology officers raised no objection subject to conditions, while residents expressed both support and objections.

“Natural England 9.3. No comments received. Internal Environmental Health 9.4. No objection, subject to conditions. The acoustic note submitted by the neighbour for the kitchen extract vent uses incorrect British Standard and the outcome is not representative of the actual on site conditions. The noise level complies with British Standard 8233:2014 and World Health Organisation figures.”

“Officer response 9.13. All material considerations raised have been addressed within the relevant section of this report. There is no legislation which prohibits the Council recommending a retrospective planning application for approval subject to conditions. All planning applications are considered in relation to material planning considerations and included in that is the Development Plan and whether conditions could be attached to any consent. 9.15.”

Officer report

Who spoke

A speaker addressed the committee against the application, while a councillor and the applicant spoke in favour.

Members’ discussion

Members questioned differences from the earlier scheme, drainage, loss of light, neighbouring amenity, replacement tree monitoring and possible tree protection.

“Concerns were raised regarding the assessment of loss of light to a neighbouring window. The Planning Officer confirmed that, although the proposal contravened the 45-degree guideline, the assessment also considered other material planning considerations and concluded that impact did not justify refusal. • Concerns were raised regarding the impact on neighbouring amenity, including noise from the air conditioning unit, kitchen extract, overlooking and privacy.”

“Oxford City Council, Town Hall, St Aldate’s Oxford OX1 1BX planning condition required details of the replacement tree to be submitted and implemented within a specified timeframe, enabling the local planning authority to monitor and enforce compliance. It was also confirmed that delegated authority could be used to amend the wording of the condition to require confirmation photographic evidence that the replacement tree had been planted.”

Minutes

The vote

The committee agreed with the officer recommendation to approve the application.

“On being proposed, seconded, and put to the vote, the Committee agreed with the officer’s recommendation to approve the application for the reasons set out in the report.”

Minutes

The decision

Planning permission was granted for the retrospective development, subject to conditions, with authority delegated to finalise those conditions.

“The Oxford City Planning Committee resolved to: 1. Approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission. 2.”

Minutes