Agenda item

APP/18/00134 - Fair Acre, Church Lane, Hayling Island

Proposal:

 

Variation of condition 3 of planning permission APP/16/00993 to allow for:

 

1.           First floor west facing bedroom window to be retained with applied obscure film and fitted with a restricted opening but allowing for emergency access (if required)

 

2.           First floor south facing en-suite window to be retained with applied obscure film

 

Associated Documents

Minutes:

(The site was viewed by the Site Viewing Working Party)

 

Proposal:       Variation of Condition 3 of planning permission APP/16/00993 to allow for:

                                

                        1.      first floor west facing bedroom window to be retained with applied obscure film and fitted with a restricted opening but allowing for emergency access (if required)

 

                        2.      first floor facing en-suite window to be retained with applied obscure film

 

The Committee considered the written report and recommendation of the Head of Planning  to grant permission.

 

The Committee received supplementary information, circulated prior to the meeting, which:

 

(a)          corrected the appendices attached to the published report;

 

(b)          included photographs submitted by objectors to the scheme showing the site from Church Cottage, St Peter’s Lane;

 

(c)          an additional representation from a previous objector; and

 

(d)          recommended additional conditions.

 

The Committee was addressed by the following deputees:

 

(1)          Mr James Fawcett, who objected to the proposal, on behalf of the objectors, for the following reasons:

 

(a)         the proposal did not adequately protect the privacy of neighbours: the film affixed to the windows could be easily removed and windows opened thereby enabling direct overlooking to adjacent properties to the detriment of the amenities of the occupiers. Therefore, the proposal did not overcome the reasons for condition 3 of planning permission APP/16/00993 and was contrary to Havant Borough Design Guide SPD December 2011;

 

(b)         the fact that the applicants had not complied with condition 3 of permission APP/16/0093 raised concerns that they would not comply with the conditions recommended in the submitted report;

 

(c)          sufficient reasons had not be given by the Council to support its recommendation to vary its standard requirement for obscured glazing to film;

 

(d)         the film had been applied to the windows in direct sunlight, which was contrary to the manufactures recommendations. Therefore, there were concerns about the durability of this film; and

 

(e)         his clients had supported the original application on the understanding that their privacy would be protected using obscure glazing and a requirement that the west facing windows would be fixed shut.

 

              Mr Fawcett recommended that the Committee enforce condition 3 of planning permission APP/16/00993: the use of obscure glazing and non-opening windows on west facing elevation would protect the privacy of his clients.

 

              If the Committee was minded to grant permission, Mr Fawcett requested the Committee to consider imposing a condition requiring the planting and maintenance of mature screen between the application site and adjoining properties.

 

(2)          Councillor Turner, on behalf of an objector and other concerned residents of Northney, supported the case put forward by Mr Fawcett and raised the following additional concerns:

 

(a)            the proposal would create an undesirable precedent which would make it difficult to refuse further similar applications to the detriment of the St Peters Conservation Area and the character of Northey; and

 

              (b)         the windows on the west elevation directly overlooked garden areas of adjacent properties.

 

Councillor Turner recommended that the application be refused for the following reason:

 

              The proposed [window / windows] on the [.....] elevation(s) [is/are] likely to give rise to direct overlooking of adjacent properties to the detriment of the amenities of the occupants of these properties. The proposal is therefore contrary to policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework 2012.

 

In response to questions raised by members of the Committee, the officers advised that:

 

(1)          the normal requirement was to use obscured glazing to prevent direct overlooking. However, in this case the Council was in a position to assess the impact of using film instead of obscure glazing. It was the opinion of the officers that the film adequately protected the privacy of adjacent neighbours;

 

(2)          the recommended conditions would require the replacement of the film, if it deteriorated;

 

(3)          they were not aware of the applicant’s reasons for not installing obscured glazing as required. The Council had investigated the alleged breach of planning control and discussed ways to remedy the situation. The proposal submitted to the Committee was a solution to the breach suggested by the applicant. The decision to be made by the Committee was whether the proposal was an acceptable solution;

 

(4)          the separation distances set out in the report were from building to building. In a suburban setting these distances would not be considered to give rise to unacceptable overlooking and exceeded separation distances in the Council’s Design Guidance; and

 

(5)          If the Committee was minded to grant permission, the Council would need to consider ways of remedying the breach of planning control

 

The Committee discussed this application in detail together with the views raised by the deputees. The majority of the Committee considered that the proposal did not adequately protect the privacy of the occupiers of neighbouring properties. It was therefore

 

RESOLVED that, subject to amendments to the wording considered appropriate by the Head of Planning, Application APP/18/00134 be refused for the following reason:

           

1            The windows on the first-floor bedroom on the west facing elevation and windows on the first-floor south elevation are likely to give rise to direct overlooking of adjacent properties to the detriment of the amenities of the occupants of these properties. The proposal is therefore contrary to policy CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework 2012.   

Supporting documents: