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Agenda item



Section 73 application to vary condition 5 (Code for Sustainable Homes) and remove condition 7 (screening measures) in relation to planning permission P2013/4213/FUL dated 28/08/2014 for the erection of a two storey dwelling (at lower ground and ground floor level) to the rear of 30 - 32 Dresden Road.


(Planning application number: P2017/1056/S73)


In the discussion the following points were made:

·        The Planning Officer advised Members that the S73 application was to vary conditions 5 and 7 from an existing permission which was granted on 15 July 2014.

·        Members were informed that following the Ministerial Statement in March 2015 deleting a requirement to comply with a Sustainable Homes rating of no less than Level 4, the Council was not in a position to object to the removal of the reference to ‘Code for Sustainable Homes’ in Condition 5, however officers would suggest that condition 5 be reworded to meet these demands and not simply have it removed. Members were advised that the Council with its specific and rigorous sustainable policies for new build developments would still expect CO2 reductions and water usage targets.

·        With regards to the removal of Condition 7 from the planning permission which related to overlooking concerns between the proposal and the rear window of the neighbours to the south, the Planning Officer advised that a site visit had confirmed that the nearest southern windows (32 Dresden Road) was over 18 metres from the windows serving the new dwelling and also other windows on the neighbours along Dresden Road was over 20 metres away from each window, which was over and above the Council’s normal requirement to protect neighbours from overlooking which was 18 metres.

·        Members were advised that the principle of the development had already been established under the original approval which the applicant was currently implementing. Also on the petition that was submitted, the meeting was informed that this was not a material consideration to this assessment.

·        Members were informed that although the original permission required work to commence before the 28th August 2017, a site visit by officers had confirmed that excavation works to form part of the basement had commenced on site within the legitimate timeframe.

·        The applicants queried the necessity for condition 6 (Car Free Development) which was attached to the Section 73 application but had not been included as a condition on the original scheme. Officers made members aware that the Section 73 process allows for both the removal and addition of conditions to a scheme which are relevant. Policy DM8.5 of the Development Management Policies resists provision of vehicle parking for new homes unless exceptional circumstances can be demonstrated. In line with this policy, it was considered appropriate to add this condition. Officers confirmed that they recommended this condition achieving a car free development be maintained.

·        Members noted the Council’s expectations and planning policies to ensure that new developments were car free and agreed the officer’s recommendation.



That planning permission be granted subject to the conditions and informatives set out in Appendix 1 and subject to the completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report.

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