Agenda item

Demolition of existing dwelling; erection of a replacement five bedroom dwelling house with integral triple garage; formation of two new access points and erection of gate piers and gates. Variation of Condition 1 of permission 21/01562/F. Replace approved plans. The building has been positioned closer to the north[1]eastern side boundary than as shown on the approved site plan. It is necessary to vary the wording of condition 1 to supersede the approved site plan with an updated site plan.

The Committee considered an application at Dormer Cottage, The Chase, Kingswood for the demolition of existing dwelling; erection of a replacement five-bedroom dwelling house with integral triple garage; formation of two new access points and erection of gate piers and gates. Variation of Condition 1 of permission 21/01562/F. Replace approved plans. The building has been positioned closer to the north-eastern side boundary than as shown on the approved site plan. It is necessary to vary the wording of condition 1 to supersede the approved site plan with an updated site plan.

Ian Cooke, Chairman of The Chase Kingswood Road Association and Kingswood Heritage Company Ltd, spoke in objection to the application, stating that Kingswood Heritage Company Ltd represented over 450 houses in Kingswood. This development had evoked considerable feeling and local scrutiny. A previous planning application made in 2021 was refused on the grounds that the proposed boundaries between Dormer Cottage and Oak Cottage of 4 meters were too overbearing. The approved application was for a proposed boundary of 8.3 - 8.7 meters away from the Oak Cottage boundary. The applicant ignored the approved application and proceeded to erect the building only 3.6 meters away from the boundary, thus having to seek retrospective planning permission and this was unacceptable. The location of this boundary contravenes Policy DES1, paragraph 4. The impact on the residents of Oak Cottage has been significant; they were led to believe that Dormer Cottage would be built over 8 meters away from their boundary however, it was only 3.6 meters which was less than the 4 meters that was refused in 2021.

Lee Brown, the applicant, spoke in support of the application, explaining that Dormer Cottage was to be his family home, therefore this was not just another development site. Officers had explained the relevant planning policies and advised that this retrospective proposal was compliant with those policies. The applicant explained the decision for relocating the building. When plotting the footings for the house, it was apparent how close the house was to Woodend’s property on the south-eastern boundary; with the two-storey part of Woodend’s building being close to that boundary. From the street scene it showed how overbearing this was for both properties and the street scene would have suffered as a result. Therefore, the decision was taken to move the building closer to Oak Cottage, as this property, at its boundary, was single storey alongside the single storey element at Dormer Cottage; this would have minimal effect on the amenity space at Oak Cottage. From the single storey to single storey elements, the separation distance between the two houses was 15 metres; the distances between the bulk of the houses, (the two-storey to two storey elements) was 27 metres and this was what would be seen from the street scene. The applicant apologised for not obtaining the amendment to the permission granted prior to construction, however, visually it was felt that from a visual street scene perspective it made sense to position the main two-storey house more centrally.

Reasons for refusal were proposed by Councillor Blacker and seconded by Councillor Cooper, whereupon the Committee voted and RESOLVED that planning permission be REFUSED on the grounds that:

1.             The north-eastern flank elevation of the dwelling by reason of its scale, height and depth in proximity to the north-eastern side boundary, would have a harmful impact upon the amenities of the occupiers of Oak Cottage, resulting in a dominant and overbearing presence and a loss of outlook from their main side and rear outdoor amenity areas, contrary to policy DES1 and DES3 of the Reigate and Banstead Local Plan Development Management Plan 2019 and the National Planning Policy Framework.

2.             The dwelling, by reason of its positioning within the site, further towards the north-eastern side boundary, would result in a harmful erosion of the spacing between properties and detract from the positive spacious character of The Warren and The Glade Residential Area of Special Character contrary to policy DES3 of the Reigate and Banstead Local Plan Development Management Plan 2019 and the National Planning Policy Framework.