Parish: Shenley Brook End & Tattenhoe PC

Transcription

1 Construction of BBQ hut outbuilding (retrospective) AT 8 Winfold Lane, Tattenhoe, Milton Keynes FOR Ms Silvia Krauss Target: 18th July 2014 (extension of time agreed) APP 16 Application Number: 14/01157/FUL Other Ward: Tattenhoe Parish: Shenley Brook End & Tattenhoe PC Report Author/Case Officer: Sakina Dossaji Contact Details: Sakina.Dossaji2@milton-keynes.gov.uk Team Leader: Alex Harrison Minor Applications Team Leader Contact Details: alex.harrison@milton-keynes.gov.uk 1.0 INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together, planning history, additional matters and summaries of consultees responses and public representations. Full details of the application, including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.2 Update The application was deferred from the 28 th August 2014 Development Control Panel by Members for three reasons: to allow for all options to be explored as to how to control smoke and smell emission, to establish what would be permitted by way of permitted development rights and to enable a Members Site Inspection to take place. A verbal update of the Site Inspection will be given at the meeting. The report has also has been amended in Section A2.2 and A2.3 to address issues raised in the debate on 28 th August Following the Development Control Panel meeting in August, the applicant has provided an additional supporting statement to state the intended use of the BBQ hut and alternative measures to address the neighbour s concerns. The supporting statement clarifies that the flu has two settings and is retractable and can be removed at any time from the main structure. The applicant has suggested ways to mitigate smoke emissions by using smokeless fuel or gas.

2 Additional photos and the latest supporting statement are available on the Council s website. 1.4 The Site The site is located in Tattenhoe and comprises a family sized semi-detached dwelling with on plot parking to the side. The property is located in a residential area and has a rear garden enclosed with 1.8 metre high screen fencing. The property is adjoined, either side by 6 and 10 Winfold Lane (residential properties) and to the rear by 23 Highveer Croft which is positioned with its side boundary forming the common side boundary with the application property. 1.5 The Proposal The proposal, which is retrospective, comprises a freestanding wooden outbuilding with pitched roof and chimney stack/flu. It is designed as an octagonal pitched roof summerhouse with the addition of a chimney flue to accommodate a charcoal bbq and is located in the south-western corner of the garden adjacent to the rear boundary of the property. It was brought to the attention of the Council via a neighbour complaint. 1.6 The building measures metres x metres overall external footprint (although the footprint relates to an octagonal building and therefore the site coverage is significantly less than this. The building has a height to eaves of metres and overall height excluding the flu. Although the exact measurement has not been provided it is It is positioned on wooden decking which is raised above ground level approximately 20cm as stated by the applicant, although the exact height is not specified. In terms of site coverage the building extends over a small part of the rear lawned garden with the majority available as residential amenity space. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework Paragraph 7 definition of Sustainable development Paragraph 63: Design standards 2.2 Local Policy Core Strategy Policy CS 13: Ensuring High Quality, Well Designed Places Adopted Milton Keynes Local Plan D1 Impact of Development Proposals on Locality D2A: Urban Design Aspects of New Development D2 Design of Buildings Supplementary Planning Guidance

3 New Residential Development Design Guide MAIN ISSUES (The issues which have the greatest bearing on the decision) 3.1 Design Matters Whether the design and location of the building is appropriate and acceptable in the context of this site and the character of the locality. 3.2 Impact on Neighbours Whether the use of the outbuilding and bbq has a detrimental impact on neighbouring amenities and whether this is appropriately addressed through the planning process, refusal or planning conditions or other regulations. 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) 5.1 Design Matters The design of the outbuilding, wood elevations with a pitched roof gable with profiled felt black and grey shingles is to a typical summerhouse design, albeit with a chimney and flue inserted. The size of the building is considered proportionate to the size and scale of the main house. Whilst the building would be visible from adjoining rear windows and rear gardens of adjoin properties, in particular the chimney and flue, this is not considered to be unduly prominent such as to warrant an objection on visual amenity grounds. The proposal is therefore considered to accord with Plan Policies CS13, D1, D2 and D2A. 5.2 Impact on Neighbours Neighbouring occupiers have objected to the proposal on the grounds of smoke and smells emitting from the bbq when in use and in some cases have expressed the view that the containment of the bbq in a building and the arrangement of the flue in proximity to adjoin properties has resulted in a concentration of smells and smoke being emitted and resulting in smell nuisance. 5.3 Whilst these concerns are noted and it is understood the applicant has offered to convert the bbq to a gas fired one it is not considered that the choice of bbq used can be controlled through the planning process or a condition. However, it is acknowledged that bbq s and the resultant smells and smoke can give rise to neighbour complaints and therefore the Environment team have been consulted to assess the letters of objection relating to smoke and smells. The consultation response is that this would not be supportable as a reason for refusal as these matters are more appropriately dealt with through the statutory nuisance regulatory system as and if they arise.

4 5.4 Having regard to these matters it is considered that the local concerns relating to smoke and smells are not sufficient to warrant a fundamental objection to the proposal or are appropriately dealt with through a planning condition but should be addressed via the statutory nuisance regulations. The Environment Team have recommended though that an informative should be attached to any planning permission issued advising that smoke and smells can constitute a statutory nuisance and should be addressed by considerate use of the bbq. 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The use of the building shall be ancillary to the use of the 8 Winfold Lane only. Reason: In the interests of certainty.

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10 Appendix to 14/01157/FUL A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 None A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation) A2.1 Smells and smoke neighbour amenities Objections received to the proposal predominantly relate to emission form the bbq to date, this being a retrospective planning application. Consideration has been given to whether controls can be imposed on the applicant through planning conditions to restrict levels and times of usage and also the type of bbq used in the building and advice has been sought from the Environmental Team. Having regard to the advice given and to the six tests for planning conditions it is considered that such conditions would not meet the planning tests and that adequate control can be achieved through the statutory nuisance regulatory procedure in this case. A2.2 Mitigating measures have been explored following the August Development Control Panel meeting however it has not been possible for Officers to propose and adequately enforce any conditions given that the works are retrospective and the nature of the current proposal. The applicant has provided supporting statements outlining the willingness to inform the neighbouring properties when the BBQ is going to be lit, however such issues are considered civil matters which can be agreed outside the remit of the planning process. A2.3 Permitted Development The current development does not meet the requirements Under Class E as defined in the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order Class E states that the height restriction for development within 2 metres of the boundary is 2.5m which includes the height limit for the whole development. Therefore any part of the development has to be within 2.5m from ground level. The current application is 2.8m with approximately an additional 1m for the extended flu (at the highest setting) resulting in an overall height of 3.8m. As the development is sited on garden decking, it is considered that the structure would further exceed this height. It is acknowledged that the structure and its proposed use would not require planning permission if the height was reduced to within the permitted development criteria.

11 A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council s web site) Comments A3.1 Environmental Health Manager Comments: It is not possible to foresee whether or not the development would be likely to cause a statutory nuisance as this depends on the way the hut is used e.g. frequency of usage, time used, type of fuel, cooking activities and also meteorological conditions during use. Therefore I see no reason to refuse the application on potential pollution issues. Officer Response Comments noted and discussed in the body of the report paragraphs 5.2 and A2.1 Should there be any future complaints these can be addressed by employing suitable mitigation methods and by using statutory nuisance legislation. An informative advising on future nuisance action is recommended. A carbon monoxide detector should also be located in the hut. A3.2 Parish - Shenley Brook End & Tattenhoe Comments Our Planning and Environment Committee would like to have it noted that they support the neighbours objection that this is not a suitable structure in such a confined space and that the smoke coming from it will cause a nuisance to neighbouring properties. This objection is noted and discussed in the body of the report paragraphs 5.2 and A2.1

12 A3.3 Local Residents The occupiers of the following properties were notified of the application: 10 Winfold Lane Tattenhoe Milton Keynes 6 Winfold Lane Tattenhoe Milton Keynes 23 Highveer Croft tattenhoe Milton Keynes A3.3 Third Parties representations were received from a total of 2 properties objecting to this application. The following issues and concerns were raised: - A3.4 - Unacceptable smoke and smells from the bbq which remain unresolved at present but can be resolved A3.5 - No objection to the height, colour or design of the hut (1 neighbour) A3.6 - Building is different to that anticipated A3.7 - The height of the chimney differs from a standard bbq or chimera and the top of the flue is at adjacent bedroom window height and precludes windows being opened and use of the garden when it is in use A3.8 - The offer of use of a gas bbq is not considered sufficient to address the objection. A3.9 - Located too close to adjacent dwelling and is visible, although this is mitigated by trellis on the fence. A Application site garden is already reduced in size by

13 a conservatory and large shed and therefore the garden is over-developed A Impact on ground water drainage from the development and use of an unattached water butt is not acceptable mitigation A Understood that the building will have an electric supply