Agenda item

Variation of condition 14 of P20/S4112/FUL - to vary the point at which the existing bungalow is required to be demolished to be based upon completion of the second, rather than first, home permitted on site. Planning application for (phased) erection of two dwellinghouses with gardens, parking, and ancillary works in replacement of existing bungalow (alternative proposal to permitted house and garage P20/S1555/FUL). Email from agent clarifying the trigger word is completion and not occupation. 

The committee considered planning application P24/S0925/S73 for the variation of condition 14 of P20/S4112/FUL - to vary the point at which the existing bungalow is required to be demolished to be based upon completion of the second, rather than first, home permitted on site. Planning application for (phased) erection of two dwellinghouses with gardens, parking, and ancillary works in replacement of existing bungalow (alternative proposal to permitted house and garage P20/S1555/FUL), on land at Sandy Acre, Woodperry Road, Beckley.  

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for the meeting. 

The planning officer introduced the report and highlighted that the application was brought to committee by the objection of Beckley and Stowood Parish Council.

The planning officer informed the committee that the application proposed a variation in the wording of a condition on the previously approved application for the site in order to change the trigger for the demolition of an existing bungalow. The existing decision notice linked the demolition to the occupation of the first dwelling built on the site, whereas the application intended to amend the wording to link the demolition to the completion of the second dwelling.

In response to this, the planning officer concluded that it could be possible to occupy the dwelling without it ever being considered completed. For this reason, he recommended that the revised wording of the condition be that demolition would be required within a month of completion or occupation of the second dwelling, whichever came first.

As the planning officer was satisfied that the suggested wording would ensure that only two dwellings could ever be occupied or completed on the site, he recommended that the application be approved. 

Councillor Ginette Camps-Walsh spoke on behalf of Beckley and Stowood Parish Council, objecting to the application. 

Dom Hodsworth and Sian Jeffrey spoke objecting to the application. 

David Burson, the agent representing the applicant, spoke in support of the application. 

The committee asked for clarification into the proposed wording, and the planning officer clarified the amendment to members, responding that demolition of the bungalow would be required within one month of either the completion or occupation of the second dwelling on the site, whichever was soonest. He also assured the committee that this would prevent use of all three dwellings on the site at one time, although noting that during construction three buildings would be on site.

The committee discussed the previous application on the site and noted the council’s decision to require the bungalow to be demolished. They also highlighted that the end result of the approval of the application would be that the site would only contain two dwellings, just that demolition would be triggered by the occupation or completion of second house rather than the first.

Some members indicated that the wording of the condition on the previous approval was sufficient. However, the committee agreed that the applicant had a right to submit the application and that the council would seek to work constructively with all applicants, while maintaining the spirit of the initial condition. For this reason, they agreed that the application should be approved.

A motion, moved and seconded, to approve the application was carried on being put to the vote. 

RESOLVED: to approve planning application P24/S0925/S73, subject to the following conditions:

1. Approved plans

2. Materials in accordance with approved P21/S0823/DIS application

3. Surface water drainage works in accordance with approved P21/S0823/DIS application

4. Foul drainage works in accordance with approved P21/S0823/DIS application

5. Landscaping Scheme in accordance with approved P21/S0823/DIS application

6. Improvements to access

7. Reduce Gravel Spread onto Highway

8. Provide parking & Manoeuvring Areas

9. Gates/carriageway

10. Withdrawal of Permitted Development (Part 1 Class A and Class E) – no extensions/outbuildings etc

11. Wildlife Protection (mitigation as approved)

12. Archaeological Watching Brief

13. Demolish specified buildings before occupation or completion *

14. Phasing as approved