APPLICATION NO.	P22/S1992/FUL
APPLICATION TYPE	FULL APPLICATION
REGISTERED	26.5.2022
PARISH	GORING
WARD MEMBER(S)	Maggie Filipova-Rivers
APPLICANT	Mr Simon Claridge
SITE	2 Elvendon Road Goring, RG8 0DU
PROPOSAL	Variation of condition 2 (Approved Plans) in application P19/S1832/FUL.  Re-siting of dwellings with additional windows and garden room, change of external material finish. (As amended by composite plan 8725 PA001 received 18 July 2022 which reflects what has been built on site and as amplified by overlay drawing and photos received 29 July 2022) Demolition of existing boiler showroom and erection of two new semi-detached dwellings and associated external works.
OFFICER	Kim Gould

1.0	INTRODUCTION AND PROPOSAL
1.1	This report sets out the justification for the recommendation to grant planning permission having regard to the development plan and other material planning considerations. The application is referred to the Planning Committee because the recommendation to approve planning permission conflicts with the views of the Parish Council who object to the application.
1.2	A site visit has been arranged so that Members can assess the development that has taken place prior to the application being considered at Planning Committee meeting.
1.3	The site is located in the built-up area of Goring, within an established residential area.
1.4	The site lies within the Chilterns Area of Outstanding Natural Beauty (AONB) which washes over the entire village.
1.5	The site is identified on the map extract attached at Appendix 1.
1.6	Full planning permission was granted under application ref P19/S1832/FUL for the demolition of a boiler showroom and the erection of two semi-detached dwellings and associated external works.
1.7	Construction work commenced in connection with that permission and the dwellings are now near completion.
1.8	THE PROPOSAL. This application is made under Section 73A of the Town and Country Planning Act and seeks to vary the approved plans condition on the original 2019 planning permission ( Condition 2).
1.9	This proposal seeks the following alterations to the original approved plan: · The re-siting of the dwellings by 2 metres further back in the site · A change to the facing materials · Additional windows including dormer windows to the rear · Adding detached home office buildings to the rear.
1.10	During the consideration of this application revised plans were requested after it became apparent that the submitted block plans did not accurately show the development in relation to the neighbour’s property at number 4 Elvendon Road. A site survey has since been submitted to correctly show this relationship.
1.11	There is a current enforcement file open on this site in relation to the siting of the development. Any further investigation/action is on hold pending the determination of this current planning application.
1.12	The planning system allows for retrospective planning applications to be made under S73A of the Town and Country Planning Act 1990 (as amended). The undertaking of development without the relevant planning permission of itself is not a breach of planning control. The NPPF also advises that formal enforcement action, should not be taken simply to regularise unauthorised development.
1.13	Reduced copies of the plans accompanying the application are attached at Appendix 2. Full copies of the plans and consultation responses are available for inspection on the Council’s website at www.southoxon.gov.uk

2.0

SUMMARY OF CONSULTATIONS & REPRESENTATIONS

2.1

Goring Parish Council – Original plans – No objection Amended plans – Objection – Unneighbourly by not being built in the correct position therefore creating a direct impact on number 4, the additional windows and removal of obscure glass is not acceptable due to loss of privacy. We believe these objections have already been brought to the planning officers at the end of last year by the neighbour. Contaminated Land – No objection- contaminated land condition discharged under ref P21/S2290/DIS. Planning Enforcement Team – Awaiting the determination of this current application. Neighbour Objection  (2) · The plans do not show what has been built on the site · As a result the properties have reduced rear gardens and additional hardstanding on front gardens. · Evening sun is now blocked between 6pm-8pm at certain parts of the year · Bay windows have direct line of sight to landing and entrance and stairs of 4 Elvendon Road. · Not in accordance with building line in Elvendon Road · First floor windows are unneighbourly – not marked as obscure glazed · Reduced distance to boundary of neighbouring property

3.0

RELEVANT PLANNING HISTORY

3.1

SE21/357 -  Enforcement case relating to conditions 2, 3 and 8 of P19/S1832/FUL (size and commencement on site prior to discharge of conditions). P22/S1700/NM - Withdrawn (24/05/2022) Non material amendment to P19/S1832/FUL - changes to external material finishes, hanging tiles and render replaced by timber cladding; changes to internal layout and addition of windows and a side access door; additional of garden room/office. (Demolition of existing boiler showroom and erection of two new semi-detached dwellings and associated external works). P21/S2290/DIS - Approved (17/11/2021) Discharge of conditions- 3 (Schedule of Materials) & 8 (Contaminated Land (preliminary risk assessment)) in application P19/S1832/FUL. P19/S1832/FUL - Approved (03/12/2019) Demolition of existing boiler showroom and erection of two new semi-detached dwellings and associated external works. P19/S0685/FUL - Withdrawn (23/04/2019) Demolition of existing boiler showroom and erection of two new detached dwellings and associated external works.

4.0	ENVIRONMENTAL IMPACT ASSESSMENT
4.1	N/A

5.0	POLICY & GUIDANCE
5.1	Development Plan Policies
	South Oxfordshire Local Plan 2035 (SOLP) Policies: DES1  -  Delivering High Quality Development DES10  -  Carbon Reduction DES2  -  Enhancing Local Character DES5  -  Outdoor Amenity Space DES6  -  Residential Amenity ENV1 – Landscape and Countryside ENV3  -  Biodiversity EP3  -  Waste collection and Recycling H1  -  Delivering New Homes H4  -  Housing in the Larger Villages STRAT1  -  The Overall Strategy TRANS5  -  Consideration of Development Proposals
5.2	Neighbourhood Plan Goring Neighbourhood Plan made July 2019 03 Housing mix 11 Conserving and Enhancing Goring’s landscape 12 Conserve and enhance biodiversity 16 Building design principles 19 Parking within new developments
5.3	Supplementary Planning Guidance/Documents
	South Oxfordshire and Vale of White Horse Joint Design Guide 2022
5.4	National Planning Policy Framework and Planning Practice Guidance
5.5	Other Relevant Legislation
	Human Rights Act 1998 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report.
	Equality Act 2010 In determining this planning application the Council has regard to its equalities obligations including its obligations under Section 149 of the Equality Act 2010.

6.0	PLANNING CONSIDERATIONS
6.1	When assessing Section 73A applications the Council can only consider the original conditions and the reasons for applying the conditions; new conditions can be attached but only in so far as they apply to the original condition.
6.2	Paragraph 015 of the NPPG notes that where an application under Section 73A is granted, the effect is the issue of a new planning permission, sitting alongside the original permission which remains intact. It further advises that to assist with clarity, decision notices for the grant of planning permission under Section 73A should also repeat the relevant conditions from the original planning permission unless they have already been discharged.
6.3	The planning considerations for this application are therefore: · Any changes to the development plan or site circumstances. · The impact on the special character of the AONB · The impact on neighbour amenity · The adequacy of the access/parking arrangements · The impact on the character of the area · Unauthorised development · Conditions
6.4	Changes to the development plan or site circumstances. Since the original 2019 planning permission was granted, the Development Plan has changed with the adoption of SOLP 2035. However, the current Development Plan has not changed the underlying thrust of policy or advice in relation to this proposal. Infill development and redevelopment within a sustainable village continues to be acceptable. In addition, the Joint Design Guide has recently been adopted. As this application was registered prior to the formal adoption of the Joint Design Guide so has been assessed under the previous Design Guide.
6.5	Impact on the special character of the AONB
	Goring is washed over by the Chilterns AONB. The NPPF advises that great weight should be given to conserving and enhancing landscape and scenic beauty in AONBs. Both the 2011 and 2035 Local Plans have policies which seek to protect the special character of these areas. In terms of the impact on the special character of this part of the AONB, officers are of the opinion that the current proposal has no material difference in impact than the 2019 permission.
6.6	Impact on neighbour amenity At the time of the original application, neighbour impact was assessed under Policy D4 of the 2011 SOLP, which sought to ensure that development did not result in significant harm to the occupiers of neighbouring properties. Policy DES6 of the SOLP 2035 seeks to ensure that development does not result in significant adverse impact on the amenity of neighbouring uses, by way of, for example, dominance, visual intrusion, daylight and loss of privacy. The neighbours to the east and west of the site have objected to the re-siting of the dwelling on the grounds of loss of privacy, oppressive nature of the development, now that it has been set back further into the site, and to loss of light. The Parish Council have also objected to this application on the grounds of loss of privacy and adverse impact on the neighbour at number 4 Elvendon Road.
6.7	In relation to the potential for overlooking from windows. The additional windows included in this current proposal are the dormer windows at second floor (which serve bedrooms) in the rear roofslope and the addition of 2 ground floor windows in the east elevation facing number 4 Elvendon Road. The rear dormer windows would not, in your officers’ opinion, have any greater impact on neighbour amenity than first floor rear windows and are therefore considered acceptable. The ground floor windows serve a WC and a study. The WC and first floor bathroom window (which was included in the previous scheme) are annotated on the revised plans as being obscure glazed. The windows have a top opening fanlight. A condition is recommended which would only allow the top fan light to open in order to protect the neighbour’s amenity. Likewise, in the western elevation facing 46-42 Wallingford Road, an additional 2 ground floor windows are included which serve a WC and study. The ground floor WC window and first floor window in this elevation is also annotated as being obscure glazed. With obscure glazing, officers do not consider that these additional windows will result in significant adverse impact on neighbours’ amenities.
6.8	The main difference between the original approved scheme and the dwellings as built is that the development has been pushed back within the site by 2.0 metres. This section 73A application seeks to address this difference and includes plans which show the difference between the approved scheme and what has been built. The survey drawing shows this difference and this will be explained at the committee meeting.
6.9	The neighbour most affected by this difference in siting is number 4 Elvendon Road. By setting the development back into the site by 2.0 metres, the two storey element of the dwellings has a greater impact on this neighbour by way of being more visible from their garden and has some effect on the sunlight reaching the garden/house. Officers have to assess whether this additional impact results in significant harm to the neighbour’s amenity contrary to policy DES6 of the SOLP.
6.10	This neighbour has a single storey extension which runs along the shared boundary with the site and extends beyond the rear elevation of the new dwellings. This extension serves to mitigate the impact of the development on the amenity of the occupiers of number 4 Elvendon Road to a degree. The photograph on the left below shows the rear of the development in relation to number 4 Elvendon Road, which is to the right of the fence. The photograph on the right is taken from the rear garden of number 4 Elvendon Road. The eastern elevation of the development can be seen projecting beyond the two-storey elevation of number 4 but not beyond the ground floor rear extension of number 4.
6.11	Whilst the development as built, will reduce the amount of evening sunlight reaching part of the rear garden of number 4, the property benefits from a rear garden in excess of 480 sq metres, the majority of which will not be adversely affected by this development. The Joint Design Guide advises that the impact of a development can be assessed using the 45-degree rule. Development should not go beyond a 45-degree line taken from the centre point of the nearest habitable room window. In this case, the ground floor window nearest to the development at number 4 Elvendon Road has already been compromised by the existing single storey, flat roof extensions to the rear of number 4 Elvendon Road. The first-floor window is not compromised by the development as it lies beyond the 45 degree line. This can be seen from the diagram below.
6.12	The neighbour at number 44a Wallingford Road has also objected to this development on the grounds that the bathroom/WC windows are not annotated as obscure glazed. This was the case when the original planning application was submitted. Revised plans now show these to be obscure glazed. Concern has also been expressed about the additional ground floor windows being unneighbourly. The photographs below show the boundary treatment facing No 44a, which is located across a tarmac parking area. Although part of the ground-floor windows sit above the fence along the boundary, a distance of some 22 metres exists between the ground floor windows in the rear of number 44a and those in the west elevation of the development. This exceeds the recommended distance of 12 metres between the side and rear of a property, as set out in the Design Guide. The downstairs WC window has been installed with obscure glazing and is annotated as such on the submitted plans. The other window would serve a study. Officers do not consider that the ground floor windows in the development would have any material adverse impact on the amenity of neighbours in Wallingford Road. West elevation of development facing Wallingford Road          view of rear of properties in Wallingford Road from the site
6.13	The current application includes an outbuilding for each property. These have been built within the rear gardens. As such, the amenity space for each property has been reduced from the original scheme. However, the amount of amenity space retained is 130 sqm for each dwelling which exceeds the minimum requirement of 100 sqm for a 5-bed dwelling.
6.14	The outbuildings have windows which face the rear of the new properties and look towards the rear elevation of 4 Elvendon Road. The neighbour at 4 Elvendon Road has referred to the adverse impact on neighbour amenity from these windows. The distance between the windows is 22 m. Officers consider that this would not give rise to unacceptable overlooking and is not materially different from having a patio or sitting out area in this part of the garden.
6.15	In summary, although the development as built, will have a greater impact on the amenity of the neighbour at number 4 Elvendon Road than the 2019 scheme, officers do not consider that it results in significant adverse impact on the neighbour’s amenity and is not sufficient to warrant a refusal of planning permission.
6.16	Access/Parking The current application does not make any material alterations to the access approved under the 2019 permission. By siting the development back by 2.0 metres, additional room is now provided for parking. The highway authority raised no objections to the original proposal. As such the proposal accords with policy TRANS5 of the SOLP.
6.17	Impact on the character of the area
	The current proposal seeks to alter the facing materials of the development from those originally approved which were hanging tiles and render to timber cladding. Given that there is a varied palette of materials within the vicinity of the site, the materials used on the development are in keeping with the established character of the area and are equally acceptable. Overall, the scale and general appearance of the development has not significantly changed from the originally approved scheme. The proposal does not have an unacceptable impact on the established character of the area and accords with policy DES1 and DES2 of the SOLP.
6.18	Intentional unauthorised development. This application seeks to address differences between what was approved under planning ref P19/S1832/FUL and what has been built on site. This is a retrospective application as the development is now complete. The Planning System allows for retrospective planning applications to be made under S73A of the Town and Country Planning Act 1990 (as amended) and the undertaking of development without the relevant planning permission in itself is not a breach of planning control. The NPPF also advises that formal enforcement action should not be taken simply to regularise unauthorised development. The Government published a planning policy statement in 2015 that indicated “intentional unauthorised development” could be a material planning consideration. However, appeal cases have shown that even where this can be proven it is unlikely that this reason alone is enough to refuse planning permission, or take enforcement action. It can be considered, along with all the other material considerations relevant to the case. In this case I conclude that it does not present a reason in isolation to refuse planning permission. Officers understand the difference in the siting of the development was due to an error at the setting out stage. The agent has cooperated with the case officer in relation to this application and has provided the additional information/ clarification when requested.
7.0	Conditions Where an LPA approves a Section 73A application, it is issuing a new planning permission. As such, conditions attached to the original planning permission can be altered, if necessary, to reflect the discharge of conditions or in some cases, the conditions are no longer relevant. The planning permission granted under reference P19/S1832/FUL was subject to the following conditions: 1. Commencement 3 years 2. Development in accordance with approved plans 3. Schedule of materials to be submitted and approved 4. Vehicular access to be improved in accordance with local highway authority’s specification. 5. Parking and turning areas to be provided as per approved plan. 6. No surface water from the development to be discharged into the adjoining highway. 7. Hours of operation for construction and demolition to be restricted. 8. Contaminated land (preliminary risk assessment) 9. Contaminated land – remediation strategy 10. Contaminated land – unsuspected contamination
7.1	In relation to this Section 73A applications, all conditions are repeated unless they have been discharged or are no longer relevant. For clarification the status of each of the original conditions is set out below. 1. Commencement – not relevant as development has already commenced. 2. This current application seeks to vary this condition. Current plan references to be included in this condition. 3. Schedule of materials was discharged by planning application P21/S2290/DIS. This current application seeks a variation of the materials. 4. Vehicular access – to be repeated 5. Parking and turning area – to be repeated with reference to new plan 6. No surface water – to be repeated 7. Hours of operation – As development is very near complete, this is no longer necessary. 8. Discharged under planning ref P21/S2290/DIS 9. Discharged under planning ref P21/S2290/DIS 10. Discharged under planning ref P12/S2290/DIS.

8.0

CONCLUSION

8.1

The development, as built, has a different impact on neighbour amenity than the originally approved scheme under ref P19/S1832/FUL as a result of the dwellings being set back further within the site. However, in your officers’ opinion, this would not result in significant adverse impact on neighbours’ amenities. The additional windows would not result in any additional material loss of privacy. The materials used on the development are appropriate and in keeping with variety of materials and styles within the vicinity of the site.

9.0	RECOMMENDATION
	The application is recommended for approval subject to the following conditions: 1. Approved plans 2. Vehicular access to highway authority specification 3. Parking and turning area to be provided and retained as per plan 4. No surface water 5. Obscure glazing to first floor windows and to be retained as such.

Author: Mrs K Gould

E-mail: planning@southoxon.gov.uk

Contact No: 01235 422600