Condition variation at Flat 53-55 Liddymore Road, Watchet

Varying conditions on a flat conversion

The application sought to vary three conditions of an earlier permission: approved plans, removing a window in favour of one with secured glass, and removing flat roof access so privacy glazing was no longer needed.

“The Lead Planning Officer introduced the application with the aid of presentation in the absence of the responsible Planning Officer. The presentation highlighted that application sought permission for variation of Condition No's. 02 (approved plans), 03, (removal of window, now on front elevation with secured glass), and 04 (to remove access to flat roof area and therefore privacy glazing no longer required) of application 3/37/23/034.”

Minutes

Objectors raised overlooking concerns

Three objectors, including the town council chair, said the lack of privacy screening, the flat roof and the repositioned staircase would overlook neighbouring properties and harm the area's character.

“The committee were addressed by 3 objectors, including the Chair from Watchet Town Council. Their comments included:”

“The lack of privacy screening in their opinion results in overlooking in neighbouring properties. • The flat roof of the proposed development will result in an amenity area that also overlooks neighbouring properties and is an invasion of privacy. • The added staircase and its’ change in orientation also results in privacy issues and is not in character with the local area and causes a severe visual concern for residents.”

Minutes

The applicant's agent also spoke

A representative spoke to the committee on behalf of the applicant.

Whether building regulations forced the change

Officers and the applicant's representative said the staircase was reoriented because of building regulations, though officers said there needed to be a valid planning reason to refuse.

“The Lead Planning Officer was brought in to clarify that the initial approval resulted in a very tight steep staircase which was probably why the orientation was changed as it could not be implemented under building regulations. The Lead Planning Officer clarified he cannot comment on the building regulations and there is no building regulations officer at the Committee.”

“The Chair used his discretion to ask the applicant’s representative to clarify the orientation of the staircase. They confirmed that it was changed due to building regulations and there had been no appetite to change it, but they were forced to by building regulations.”

Minutes

Vote and decision

Members voted unanimously to grant permission with an added condition restricting the staircase and landing to access only, plus a new condition for permanent privacy screening.

“Grant permission subject to the additional condition 6, as per the officers updated presentation (see wording below) “6. Both the external staircase and the full extent of the raised landing at first floor level providing access to the three flats, hereby permitted, shall be used solely for the purposes of access, emergency, or maintenance and shall, at no time, be used as a garden, balcony, terrace, seating, or other similar amenity area.”

Minutes