Removing two planning conditions at 11 Tintagel Road, Brympton, Yeovil

What was proposed

The application sought removal of conditions controlling window alterations and requiring the garage to remain available for parking.

“Description: S73A application to remove conditions 03 (window alterations) and 04 (use of garage for parking) in relation to planning approval 07/02194/FUL for ‘Demolition of existing garage and the erection of a two storey and single storey extension to dwellinghouse’.”

“Details of proposal 4.1 S73A application to remove conditions 03 (window alterations) and 04 (use of garage restricted to parking) in relation to planning approval 07/02194/FUL for ‘Demolition of existing garage and the erection of a two storey and single storey extension to dwellinghouse ‘.”

Officer report

The site

The site is a two-storey semi-detached dwelling in a residential area, outside a conservation area and away from listed buildings.

“11 Tintagel is a two-storey, semi-detached dwellinghouse located within a residential area of Yeovil. The dwelling does not fall within a conservation area, is not a listed building and does not sit in immediate proximity to any listed buildings.”

Officer report

Planning history

The original extension permission was approved in 2007, and an enforcement enquiry about compliance with its conditions remained under consideration.

“25/00158/ENF – Enforcement enquiry. Not in accordance with conditions of 07/02194/FUL – Pending consideration.”

“07/02194/FUL Demolition of existing garage and the erection of a two storey and single storey extension to dwellinghouse. Approved with conditions 14.06.2007.”

Officer report

Officers’ recommendation

Officers recommended approval because the property was used as a supported C3(b) dwellinghouse and the two conditions no longer met the required tests.

“That the application be approved subject to conditions.”

“11 Tintagel Road is being used as a C3(b) dwellinghouse for 4 adults with living together care needs as a single household. Notwithstanding the concerns raised by the Parish Council and the neighbours, conditions 03 and 04 of 07/02194/FUL no longer meet the NPPF tests for conditions and the application for their removal is recommended for approval.”

Officer report

Why officers supported it

Officers considered the replacement window acceptable and found three driveway spaces sufficient after the garage conversion, without significant amenity or highway harm.

“Notwithstanding conditions 03 and 04 of the original consent reference 07/02194/FUL, the garage conversion has already taken place and visual impact can be seen and assessed. The garage door has been replaced with a window and the space below infilled with red brick to match the existing dwellinghouse.”

“Since the date of the original consent, the Somerset Parking Strategy 2013 has been introduced which advises that the residential development would require onsite parking provision for three vehicles. The plans show that there are three remaining onsite parking spaces on the driveway to accommodate any displaced vehicles from the ground floor area of the garage. This satisfies the optimum standards of the Somerset Parking Strategy for a C3 residential dwellinghouse.”

Officer report

Consultation responses

The parish council objected over parking, neighbour amenity and the suitability of the residential area, while the Highway Authority gave standing advice.

“Brympton Parish Council Object. Insufficient offroad parking for the supported care living arrangement, it is considered that the onsite parking does not meet the requirements of the use of the property. In considering the amenity for the neighbours, they are clearly adversely affected by the proposed changes and current use, this is unacceptable to the PC. In summary, Tintagel Road is a residential area and not suitable for a commercial care home.”

“Highway Authority Standing advice applies.”

Officer report

Who spoke

The planning officer presented the application, and a parish council representative spoke against it for the stated consultation reasons.

Members’ discussion

Members clarified the care arrangement, parking needs, compliance with parking guidance and the possibility of requiring a dropped kerb.

“The property is a HMO used for adults with high care needs, and it is not classed as a commercial care home. • The tenants do not require car parking. • The proposed driveway is complaint with Somerset Parking strategy and…”

“National planning guidance. • It is possible to add an additional planning condition to ensure that the curb is dropped sufficiently to allow safe access to all three car parking spaces when required.”

Minutes

The vote

A proposal to grant permission in line with the officer recommendation, with an additional dropped-kerb condition, was carried unanimously.

“Cllr Seib made a proposal to grant planning permission as per the officer’s recommendation and with an additional planning condition regarding the dropped curb, and this was seconded by Cllr Messenger. When put to the vote the proposal was carried by all in favour.”

Minutes

The decision

Permission was granted to remove both conditions, subject to the officer’s conditions and a further requirement for a dropped vehicle crossing.

“That planning permission for a S73A application to remove conditions 03 (window alterations) and 04 (use of garage for parking) in relation to planning approval 07/02194/FUL for ‘Demolition of existing garage and the erection of a two storey and single storey extension to dwellinghouse’ at 11 Tintagel Road Yeovil, Somerset, BA21 3RE be GRANTED in line with the officer’s recommendation, subject to an additional condition as follows:”

“Within 9 months of the date of this decision notice, an application for a dropped vehicle crossing licence to extend the full width of the access to 11 Tintagel Road, Yeovil, BA21 3RE should be made to the Highway Authority at Somerset Council. Within 3 months of the date of approval, the dropped vehicle crossing should be fully implemented and retained and maintained thereafter.”

Minutes