Agenda item

23/00429/FUL - Proposed dwellinghouse, 32 Lickey Square, Lickey, Birmingham, Worcestershire, B45 8HB, Mr. D. Jones


Officers informed the Committee that this was a full application to erect a new dwelling on the site of a previously approved dwelling, which was granted planning permission on planning applications 21/00312/FUL and 22/00978/FUL, as detailed on page 89 of the main agenda report. The access of the development would be by means of the access approved under the earlier consents, as detailed in the preamble above.


The Ward Councillor, Councillor B. Kumar had also requested that the application be determined by Planning Committee Members.


As set out in the report planning permission was granted for a detached dwelling in this location in July 2021 and in February 2023.


Officers clarified that the current application was deferred at the Planning Committee meeting held on 5th June 2023, in order for Planning Committee Members to carry out a Site Visit. The Site Visit had taken place on 27th June 2023.


As detailed in the report the principle of the development including its means of access from Lickey Square had been established and it was only necessary to compare the respective detailed changes between the current proposal and the extant approvals in terms of siting and appearance; and to consider if the current application was acceptable or not.


Officers presented the report and the presentation slides, as detailed on pages 100 to 119 of the main agenda report. Officers drew Members’ attention to the following slides: -


·         Site layout as approved under applications 21/00312/FUL and 22/00978/FUL

·         Composite site plan

·         Boundary to 16 The Badgers

·         Elevations as approved under ref 22/00978/FUL

·         Proposed Elevations

·         Visibility splays 


As stated in the report the proposed dwelling had been rotated clockwise via its south-west corner by approximately 18 degrees.


Members would have noted from the Site Visit the hedgerow that obscured visibility. The applicant was aware that the hedgerow needed to be repositioned in order to create the required visibility splay. Officers referred to Condition 13, as detailed on page 97 of the main agenda report; and stated that the visibility splays were achievable.


Officers further stated that presumption in favour of sustainable development therefore applied in accordance with Paragraph 11(d) of the Framework. In this case, Paragraph 11 (d) ii commented that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the Framework as a whole.


Officers were satisfied that the proposed development would not result in any adverse impacts which would significantly and demonstrably outweigh the benefits of the application; having regards to the contribution the proposed development would make towards addressing the current significant housing shortfall.


At the invitation of the Chairman, Mr. P. Ollis addressed the Committee in objection to the application.


Councillor B. Kumar also addressed the Committee, on behalf of Lickey and Blackwell Parish Council and as Ward Councillor, in objection to the application.


The Committee then considered the Application, which Officers had recommended that planning permission be granted.


Members commented that the Site Visit was useful.


Councillor A. Bailes asked questions with regard to the size, mass, gross floor area (GFA), footprint and maximum height of all three dwellings, as shown on the Composite site plan slide, as detailed on page 104 of the main agenda report.


Officers commented that they would ask Members seeking such clarification to refer their questions to officers before the Committee meeting; as officers did not have such information to hand. However, officers referred to the dimension information as detailed on page 90 of the main agenda report; which detailed ‘The proposed development’, page 116 of the main agenda report the ‘Proposed Elevations’ presentation slide and page 104 of the main agenda report the ‘Composite site plan’ presentation slide.


Councillor A. Bailes stated that the access plans did not show any form of detail and therefore questioned the access road into the site from Lickey Square and in doing so referred to the Worcestershire County Council (WCC) Streetscape and Design Guide, which required a minimum width of 15 metres into the site, so that the access was safe and that two vehicles could pass each other.


Officers referred to page 102 of the main agenda report and stated that the access road to the dwelling was wide enough for two vehicles to pass.


Councillor A. Bailes further questioned the 15 metres access into the site and that there was no specific information supplied, therefore he could not be sure that it was compliant.


The Highways officer apologised and stated that this was exactly the information they should have been included in their consultation response, however, officers would assure the Committee that it did meet the minimum requirements within the WCC Streetscape Design Guide.


Councillor A. Bailes referred to page 119 of the main agenda report, which showed an encroachment between the solid line and the dotted line, which was noted during the Site Visit. The encroachment area was full of trees and hedges and therefore the visibility could not be met. The land was in third party land, so could Members have an undertaking by WCC Highways that the encroachment would be cleared to assure the visibility splay.


The Highways Officer stated that she would absolutely give this undertaking and then further responded to Councillor A. Bailes; and confirmed that with regard to the TPO protected trees, that none of the TPO trees were within the visibility splay. Members were further informed that with regard to third party land, that a Condition would be applied to this planning permission requiring the applicant to provide the visibility splay, so it would be a requirement for the applicant to clear the land.


With regard to further assurance that the TPO protected trees were not included within the encroachment area and comments made by one of the public speakers and information received by Members prior to the Site Visit; officers referred to page 3 of the Committee Update. The Committee Update detailed an additional representation in respect of visibility splay drawings and the officer’s response. A copy of the Committee Update was provided to Members and published on the Council’s website prior to the commencement of the meeting.


RESOLVED that Planning Permission be granted, subject to the Conditions as detailed on pages 94 to 98 of the main agenda report.

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