Officers presented the report and highlighted that Planning Permission was granted under planning application 16/0403/FUL for ‘Demolition of front sunroom and replace with new flat roof sunroom’.
The development had been implemented on site, but not in accordance with the approved drawing, as detailed on page 260 of the main agenda report. The replacement to the original sunroom/conservatory had included a dominant roof structure.
Retrospective permission was sought under planning application 17/00646/FUL to regularise the development. However, the proposal had raised issues associated with the site’s location in the Green Belt and within the Clent Conservation Area and was subsequently refused. The applicant had appealed the decision, but the appeal was subsequently dismissed.
Following on from the dismissed appeal, the Council had taken enforcement action in respect to the unauthorised structure. The applicant made three appeals against the enforcement notice. The enforcement appeals were initially dismissed however, the appellant challenged the decisions in the High Court on a procedural matter. The High Court challenge was successful, and the Court had ordered the Planning Inspectorate to re-determine the enforcement appeals.
In the meantime, the applicant was also looking at alternative approaches to resolve the enforcement matter and this application was a scheme showing modifications to the sunroom to address the refusal reasons of planning application 17/00646/FUL. The modifications included the removal of the pitched roof, canopy and supports, and replacing with a lower flat roof.
Due to the unauthorised nature of the current development on site, a Legal Agreement was proposed for this scheme to ensure that the replacement works were carried out within a limited timeframe. Given the enforcement issues on this site, it would be appropriate to ensure the works that formed part of this application were carried out promptly within a suitable timeframe from the date of this permission. Although it was noted that the Hearing date for the enforcement appeal was fixed for 24 August 2021 and the date of the decision of the enforcement appeal was likely to be within a couple of months of the date of the Hearing.
The applicant was agreeable to a Legal Agreement and such an Agreement was currently in the process of being drafted.
An unauthorised structure existed on site at present. The works proposed under this application would be an acceptable solution to resolving the unauthorised works on site. The modifications would be more in keeping with the building and as such would be acceptable in a Conservation Area setting, whilst the scale of the development would be reduced having minimal harm on the openness of the Green Belt. The modifications proposed for the sunroom were acceptable and would be in accordance with policies in the District Plan and the NPPF.
Officers provided a verbal update, in that there had been a minor change to Condition 3, in that the materials had been included on the proposed plan. Officers further clarified that should planning permission be granted, that the Applicant would have six months to complete the work in accordance with the Legal Agreement.
RESOLVED that Planning Permission be granted, subject to the minor change to Condition 3, as detailed in the preamble above; and Conditions 1 and 2, as detailed on pages 254 and 255 of the main agenda report.