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Agenda item
148 Hughenden Road (HS/PR/21/00555)
Minutes:
Proposal
Application for a Certificate of Proposed Lawful development for a loft conversion with addition of rear dormer and front rooflights.
Application No.
HS/PR/21/00555
Conservation Area
No
Listed Building
No
Public Consultation
No
The Planning Services Manager presented the application for a certificate of proposed lawful development for a loft conversion with addition of rear dormer and front rooflights.
The application would normally be dealt with under delegated powers however the constitution as currently worded requires all applications submitted by serving employees in restricted posts to be considered by planning committee. The constitution will be changed in the future so that permitted development would be decided under delegated powers.
A certificate of lawfulness requires a decision that the proposed works are lawful and do not require planning permission. Any certificate issued confirms that the proposed building works as set in the application are lawful. A certificate of lawfulness for a proposed development is a factual assessment of the lawfulness of the proposed development. The planning merits of the works proposed by the application are not a material consideration and are not be considered.
The site consists of a 2 storey, 3 bedroom terrace dwelling house with a small front garden located on Hughenden road. The site is situated on an elevated position on the southern side of Hughenden road. The property is typical of other 2 story properties within the area. The property is not listed and is not situated within a conservation area.
Councillors were shown plans, photographs and elevations of the application site.
The proposal complies with the requirements of classes B and C, Schedule 2, Part 1 of the Town & Country Planning Order 2015. The application was recommended by the Planning Services Manager for approval.
Councillors had no questions and noted no objections had been raised in relation to the application. They were satisfied with the application.
Councillor Beaver proposed the approval of the recommendations, seconded by Councillor Sinden.
RESOLVED (unanimously) that a certificate of proposed lawful development be granted subject to the following conditions:
Subject to the following conditions
1. (a) the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwelling house;
(b) the enlargement must be constructed so that—
(i) other than in the case of a hip-to-gable enlargement or an enlargement which joins the original roof to the roof of a rear or side extension— (aa) the eaves of the original roof are maintained or reinstated; and (bb) the edge of the enlargement closest to the eaves of the original roof is, so far as practicable, not less than 0.2 metres from the eaves, measured along the roof slope from the outside edge of the eaves; and
(ii) other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension, no part of the enlargement extends beyond the outside face of any external wall of the original dwelling house; and
(c) any window inserted on a wall or roof slope forming a side elevation of the dwelling house must be— (i) obscure-glazed, and (ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
2. Any window located on a roof slope forming a side elevation of the dwelling house must be—
(a) obscure-glazed;
and (b) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
The reasons for the imposition of the said conditions:
1. To ensure that the proposed development falls within the limit of permitted development within Class B of Part 1 of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)
2. To ensure that the proposed development falls within the limit of permitted development within Class C of Part 1 of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)
First Schedule: Application for a Certificate of proposed Lawful development for a loft conversion with addition of rear dormer and front rooflights
Second Schedule: 148 Hughenden Road, Hastings, TN34 3TA
Notes to the Applicant
You are advised:
1. This certificate is issued solely for the purposes of Section 192 of the Town and Country Planning Act 1990 (as amended).
2. It certifies that the matter specified in the First Schedule taking place on the land described in the Second Schedule would be lawful, on the specified date and, therefore, would not have been liable to enforcement action under Part 7 of the 1990 Act on that date.
3. This certificate applies only to the extent of the matter described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any matter which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.
4. The effect of the certificate is also qualified by the proviso in Section 192(4) of the 1990 Act (as amended), which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.
5. The conditions set out at Schedule 2, Part 1, Class B, clause B2, and, Schedule 2, Part 1, Class C, clause C2, of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) will need to be complied with in full.
6. Your attention is drawn to the requirements of the Party Wall etc. Act 1996.
7. The applicant is advised that a building regulation submission may be necessary before the works can take place. The applicant is advised to contact Building Control at Wealden District Council on 01892 602005 or by email: building.control@wealden.gov.uk
Supporting documents:
- MAP_HS_PR_21_00555_148 Hughenden Road, item 298. PDF 485 KB
- HS-PR-21-00555 148 Hughenden Road, item 298. PDF 93 KB
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