42 Avon Road, Melton Mowbray
Minutes:
Applicant: Mr & Mrs A Abrames
Location: 42 Avon Road, Melton
Mowbray
Proposal: Side and front extension to form an annex
and a two storey rear extension to include demolition of existing garage.
(a) The Assistant Director of Strategic Planning and Regulatory Services presented the report.
(b) Mr C Ward, an objector, was invited to speak and stated that:
· More like a small bed and breakfast than an extension
· 5 bed home needs 3 parking spaces – insufficient space for this
· Extension comes out 5m from the front and prevents view
· Original extension and proposal exceeds permitted square footage the Council policy allows
· Boundary position on plan appears to be incorrect
· One of the datum points was taken from middle retaining wall
· Retaining wall belongs to neighbouring property and has right of access
· Wall already prepared for past neighbours at a cots of £750
· Drawing comes within 8 inches of retaining wall
· Distance between drawings and main wall of the house would be 51inches
· Lift would cause excessive noise
· Lack of communication with LPA
· Extension is out of character
A Cllr asked if the
window on the plan is the same window Mr Ward was referring to.
Mr Ward stated that
if the building comes out past their property they would not be able see down
the road.
A Cllr asked if it
will affect the light.
Mr Ward stated it
will affect the view but a shadow from the extension may also affect the light.
(c) Mrs Abrames, the
applicant, was invited to speak and stated that:
·
Extension
is needed due to needs of mother and care for children
·
More
space and bedrooms are needed
·
Windows
are in roof so neighbour will not be overlooked
·
Building
lines kept back to reduce impact
·
Structural
Engineer hired to help
·
Party
Wall Act engaged
·
View
cannot be seen through dense trees
·
Lift
does not make noise
·
Moving
out of home to ensure building will be done quicker
The Assistant
Director of Strategic Planning and Regulatory Services stated that there is a
requirement for 3 spaces for which there is ample space on the property. There
are no specified limits to the scale of a property and it should be judged on
impact. There will be no shadowing or lack of light as it is due north. Right
of access and the Party Wall Act is not a planning condition so cannot be
adjudicated by the Committee as part of this determination.
A Cllr stated that
the development takes the whole of the site and it is dangerous. If there was a
fire at the back of the house there is no way to it. Could be configured
differently.
A Cllr stated that
it is a mass development and out of character of the area. It is a fire risk as
there is no access to the back.
A Cllr stated that
the view is not a planning consideration, however the wall is very close to the
neighbour’s window. Concerned about the use of the lift and how occupants will
get out if there is a fire.
A Cllr noted there
are no plans for the indoor designs therefore it is not known what the fire
escapes are, and asked if fire risk comments had been received.
The Assistant
Director of Strategic Planning and Regulatory Services stated that this is an
element of building regulations. There is no requirement to maintain a right of
access to the back of the house. The extension would not come in front of the
neighbour’s window.
A Cllr stated that
they were not happy with the design. It has a large impact on other dwellings.
A Cllr stated that
it fills the whole front of land allocation, but so do the neighbouring
properties. The neighbouring property already has issues with views and could
not see a reason to refuse.
A Cllr stated that
the design to the front could have been more sympathetic. The fire escape
issues are for building regulations to deal with.
The Solicitor to
the Council stated that the fire hazard is covered by Building Control and the
development needs to be judged on overshadowing, streetscene,
etc.
Cllr Holmes proposed to refuse the application due to over intensification of the site and the impact on streetscene. The development can be altered and designed
better.
Cllr Faulkner seconded the proposal to refuse and stated that it is not sympathetic to the character and is against
Policy D1.
The Chair stated that the scale of
development is very large, has a negative impact on the street view, is
overbearing and over-intensified, and against Policy D1.
A vote was taken. 7 Members voted in favour
of refusal. 2 Members voted against. 1 Member abstained.
DETERMINATION: REFUSED for the following reason:
The proposal represents and over-intensive use of the site by virtue of
the width, mass and forward projection of the proposed extensions, which would
result in an adverse impact on the street scene, would not sympathetic to the
area and would fail to protect the amenities of neighbouring properties. It
would therefore be contrary to Policy D1 of the Adopted Melton Local Plan 2018.
Supporting documents: