Agenda item

To consider a report by the Chief Planning Officer setting out details of a previously approved application (07/05636/FU) for alterations including new roof to existing two storey side extension, canopy and porch to front, enlarged single storey rear extension, enlarged bay window to rear and attached garage to side at “Amaracre” Wetherby Road, Leeds 17

(Report attached)

  Plans and photographs were displayed at the meeting.  A site visit had been undertaken earlier in the day which some Members had attended

  The Head of Planning Services presented the report which sought approval for amendments to a previously approved application for alterations to a residential property known as ‘Amaracre’, which was situated on Wetherby Road, in the green belt and was the last house on the urban edge of the north side of the city

  Members were informed that the previous application which was approved in 2007 was for a large side and rear extension.  However, what was approved was not what was subsequently built and as well as enlarged extensions, the former brick built property had now also been stone-cladded.  Members were informed that the case was currently with the Compliance Section within City Development

  The revised proposals sought to retain the existing roof and the porch but to remove the dormers and reduce the height of the rear extension, retain another rear extension and reinstate the timber detailing to the front gable

  The Head of Planning Services stated that he had spoken to the applicant about the situation and informed Members that to carry out these amendments would cost a significant sum of money.  Whilst the extensions would increase the volume of the original property by over 50%, these had been built and in this case it was a matter of judgement as to the impact of these on the openness of the green belt.  Further planting was proposed to the northern boundary as requested by Thorner Parish Council.  Members were informed that Councillor Castle supported the request for additional landscaping

  Members commented on the following matters:

·  whether an approval could be justified

·  that no objections to the proposals had been listed in the report and that a compromise solution, with a time limit being imposed for the work, should be accepted

·  whether a refusal could be successfully argued at appeal and concerns that the planning process was being flagrantly disregarded

·  the view that by agreeing to some compromises, the Council was weakening its position at any possible appeal

·  how, if the revised proposals were agreed, it could be ensured that these were carried out correctly

·  that in this case it was perhaps possible to accept the situation as it was an individual house, however it could not be accepted that if by allowing the application which was far from what was originally agreed, it would set a precedent which could be used to give some comfort in an on-going enforcement case in the Crossgates and Whinmoor Ward

Officers provided the following responses

·  that the application had to be assessed on its impact in the area and to consider whether planning permission would have been granted in this form from the start, with Members being informed that it possibly would not

·  that the timescale attached to the Enforcement Notice for completion of the works would be nine months

·  that any approval would be conditional upon the works to be carried out within 9 months

·  that in this case there were particular circumstances, ie that there was a large extension on the site, but that if planning permission was approved, that comfort could not be drawn from that decision and that the message was clear that where unauthorised development was carried out, this was frowned upon; where action could be taken, it would be; that it would cost the perpetrators money and that people had to have regard to planning permissions as they were legal documents

RESOLVED -  To approve the application subject to the conditions set out in the submitted report and an amendment to condition 4 to stipulate the timescale for completion of the works to be within 9 months from the date of approval