UTT/16/1519/NMA (NEWPORT) (UDC Application) PROPOSAL: LOCATION: APPLICANT: AGENT: Non Material Amendment to UTT/14/3655/FUL - Minor alterations to doors windows and, balconies, relocation of bin store access and the introduction of a ramp to/from the bin store with dwarf wall and railings, amending balcony support structure from cantilever to free-standing and provision if meter enclosures Reynolds Court Gaces Acre Newport Uttlesford District Council Saunders Boston Limited EXPIRY DATE: 22 June 2016 CASE OFFICER: Maria Shoesmith 1. NOTATION 1.1 Within Development Limits, Airport Safeguarding Zone, within 500m & 2km of SSSI, adjacent to Protected Open Space for Informal Recreation 2. DESCRIPTION OF SITE 2.1 2.2 2.3 2.4 2.5 2.6 The application site is located west/northwest of Newport s Cambridge Road, south of the Grammar School on Gaces Acre, covering an area of 0.3ha. The application site currently consists of a two-storey residential block which has 31 residential units that are stated to be partly occupied. The site is bound by access roads to the north and south. This provides current parking for the residential block and access to the rear of properties located to the north, no. 56-59 Gaces Acre, which are two-storey dwellings. Gaces Acre is to the east and a recreation field with public footpaths to the west of the site. To the south the front elevations of bungalows 23-24 overlook what is currently the front of the application site. There are a mixture of two-storeys dwellings and bungalows along Gaces Acre. With two storey dwellings located predominately to the north and the east of the application site. There is a large verge between the subject building and Gace s Acre measuring approximately 4.8m. St Marys Church, a Grade I Listed Building, is located to the south of the site at the end of the road. The ground levels steeply fall from south to north, by approximately 1.8m. There is a Council owned public car park located to the rear of 15-19 Gaces Acre, consisting of 11 car parking spaces, which appeared to be underused at the time of the site visit. The ground levels rise again in the distance when viewing the Grammar school buildings and dwellings towards the north. Wicken Water lays between this views
whereby there is a huge drop in ground levels, approximately more than 5-6m. 3. PROPOSAL 3.1 Planning permission was granted in March 2015 for The demolition of current sheltered accommodation and replacement with sheltered accommodation scheme including 41 residential flats, 1 guest suite, communal accommodation 13 parking spaces, and landscaped grounds. This application seeks amendments to the details approved in the form of the following; North Elevation; Electric metre intake enclosure; Gas metre box; East Elevation; No amendments proposed; West Elevation; Balconies amended from cantilever to free standing balcony in steel Widths of balconies reduced; Patio added to ground floor guest room underneath the structure to first floor balcony to Plot 15 at the south west corner; First Floor Door and side window combination to the Bedroom Plot 12 amended to window (matching ground floor bedroom window to Plot 1); Juliet balconies at first floor level in the north west corner omitted for glazed openings as the approved planning drawing 1345-PL-011 Revision C; South Elevation; First floor window omitted; Bin store doors relocated; Swapping position of openings; Window added in corridor to comply with Building Regulations (fire safety and ventilation); New ramp and dwarf wall with railings 4. APPLICANT S CASE 4.1 N/A 5. RELEVANT SITE HISTORY 5.1 UTT/14/3655/FUL - The demolition of current sheltered accommodation and replacement with sheltered accommodation scheme including 41 residential flats, 1 guest suite, communal accommodation 13 parking spaces, and landscaped grounds Granted 12 March 2015 6. POLICIES 6.1 National Policies National Planning Policy Framework 6.2 Uttlesford Local Plan (2005) Policy GEN2 Design
Policy GEN4 - Good Neighbourliness Policy S3 - Other Settlement Boundaries 7. PARISH COUNCIL COMMENTS 7.1 Not applicable. Consultations are not undertaken with Non Material Amendment Applications 8. CONSULTATIONS 8.1 Not applicable. Consultations are not undertaken with Non Material Amendment Applications 9. REPRESENTATIONS 9.1 9.2 Consultations are not undertaken with Non Material Amendment Applications However notwithstanding the above 1 representation has been received raising the following points: Firstly the plans seem to show the first floor balcony nearest to No. 58, is not now a Juliet Balcony, as we expected. Secondly the latest plans show an Electric Meter Intake Enclosure which was not on any previous plans. As a result the Maintenance access gate is now 1200mm wide and angled so the gate opens toward the fence of No. 58. We would like to know what type of traffic will be going through this gate. 9.3 Comments on Representations: The plan has been amended back to as originally approved; Access gate would provide maintenance access to the rear garden/communal area. 10. APPRAISAL The issues to consider in the determination of the application are: A Whether the proposed amendments are minor in nature and would not have an adverse impact on the character of the surrounding buildings or any neighbouring amenity 10.1 The principle of this development has been established in the approval of application UTT/14/3655/FUL. This application relates to alterations to that application as approved. 10.2 In terms of what is defined as a non-material amendment Section 96A of the 1990 Act states; 10.3 96A Power to make non-material changes to planning permission (1) A local planning authority in England may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material. (2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.
(3) The power conferred by subsection (1) includes power (a) to impose new conditions; and (b) to remove or alter existing conditions. (4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates. (5) An application under subsection (4) must be made in the form and manner expressed by development order. 10.4 In Bernard Wheatcroft Ltd v SOS 1981 it was held that the correct method of deciding whether amendments to permissions should be allowed was "whether the development permitted is in substance different from that applied for". In exercising this judgement it was added that "the main criterion is whether the development is so changed that to grant it would be to deprive those who should have been consulted on the changed development of the opportunity of such consultation." 10.5 It should be noted that such applications are not consulted on due to their nonmaterial nature and is a judgement which needs to be made by the Planning Officer. They are also normally dealt with under delegated powers. This is supported by best practice guidance. 10.6 In the consultation paper Greater Flexibility for Planning Permissions issued in June 2009 the government stated that they did not propose to provide a definition of "nonmaterial" as this was a matter for local authority discretion. This is also outlined in Paragraph: 002 of the National Planning Practice Guidance (Reference ID: 17a-002-20140306). Whether or not a proposed amendment is non-material will depend on the results of the amendment. For example moving a window could be material if it results in the overlooking of a neighbour, but could be non-material if it does not. 10.7 10.8 10.9 The proposed alterations to the fenestration for the purposes of compliance with Building Regulations (ventilation), alterations to internal layout or access (access ramp to bin store) which would include ramped access with dwarf wall and railings are considered to be acceptable and minimal alterations based on their location and the size and scale of the proposed amendments in relation to the main approved scheme. There are other windows in these locations. The proposed ramps would be minimal change in ground levels and would be set back within the southern elevation. Therefore no undue harm is considered would occur. The addition of gas and electric metres is located on the least sensitive elevation to the north of the building fronting an access road. The omission of a Juliet balcony and replacement for glazed openings at first floor to the west elevation (northwest corner), and the additional balcony at ground floor level, plus the reduction of their widths, are not considered harmful byway of creating direct overlooking as they overlook the park. Windows have already been accepted in these non-sensitive locations and based on its orientation and siting in relation to neighbouring properties no adverse impact is considered. The change in fenestration and alteration of balconies from cantilever to free standing balcony in steel are considered to be non-material amendments. 10.10 The proposed amendments overall do not deviate from the heart of the original consent or require consultation due to their nature. Therefore, it is acceptable and recommended for approval. 11. CONCLUSION
11.1 The proposed amendments consisting of the following:- North Elevation; Electric metre intake enclosure; Gas metre box; ` East Elevation; No amendments proposed; West Elevation; Balconies amended from cantilever to free standing balcony in steel; Widths of balconies reduced; Patio added to ground floor guest room underneath the structure to first floor balcony to Plot 15 at the south west corner; First Floor Door and side window combination to the Bedroom Plot 12 amended to window (matching ground floor bedroom window to Plot 1); Juliet balconies at first floor level in the north west corner omitted for glazed openings as the approved planning drawing 1345-PL-011 Revision C; South Elevation; First floor window omitted; Bin store doors relocated; Swapping position of openings; Window added in corridor to comply with Building Regulations (fire safety and ventilation); New ramp and dwarf wall with railings 11.2 are considered minor enough to be non-material amendments and would not have any adverse impact on visual or residential amenity. These elements are also considered not deviate from the heart of the original consent requiring the submission of a formal planning application or requiring consultation due to their nature The above elements of the application are therefore recommended for approval. 11.3 The proposed amendments are considered to be acceptable and accord with relevant Local Plan Policies. RECOMMENDATION APPROVAL North Elevation; Electric metre intake enclosure; Gas metre box; ` East Elevation; No amendments proposed; West Elevation; Balconies amended from cantilever to free standing balcony in steel; Widths of balconies reduced; Patio added to ground floor guest room underneath the structure to first floor balcony to Plot 15 at the south west corner; First Floor Door and side window combination to the Bedroom Plot 12 amended
to window (matching ground floor bedroom window to Plot 1); Juliet balconies at first floor level in the north west corner omitted for glazed openings as the approved planning drawing 1345-PL-011 Revision C; South Elevation; First floor window omitted; Bin store doors relocated; Swapping position of openings; Window added in corridor to comply with Building Regulations (fire safety and ventilation); New ramp and dwarf wall with railings
Application no: UTT/16/1519/NMA Address: Reynolds Court Gaces Acre Newport Crown copyright and database rights 2016 Ordnance Survey 0100018688 Organisation: Uttlesford District Council Department: Planning Date: 11 August 2016