Agenda item

Proposal: Change of use of outbuilding to single dwelling

Location: 1 Albert Road, Stamford, Lincolnshire, PE9 2EA

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.

Proposal: Change of use of outbuilding to single dwelling

Location: 1 Albert Road, Stamford, Lincolnshire, PE9 2EA

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.

Together with:

·       Provisions within SKDC Local Plan 2011-2036, National Planning Policy Framework and Stamford Neighbourhood Plan

·       No comments received from the Parish Council.

·       No comments received from LCC Highways and SuDS Support.

·       No comments received from Ward Councillors.

·       Comments received from Conservation Officer.

·       Comments received from Environment Agency.

·       No comments received from Peterborough City Council.

·       Comments received from Environmental Protection Services.

During question to Officers and debate, Members commented on:

·       Whether there was any parking proposed.

There was no additional parking proposed beyond the current position. The building currently could be lawfully occupied for ancillary residential accommodation; therefore, it was difficult to justify an increase in parking demand.

·       That the building was within close proximity to several car parks.

·       Whether Officer’s were satisfied with the flooding risks.

There had been no changes to the flooding risk as the dwelling would remain the same.

·       Concern was raised on the difference between an outbuilding and a dwelling of residence. It was further queried whether the proposal had building regulations for an outbuilding or dwelling.

The DM Manager clarified the change from an ancillary outbuilding to a dwelling would require the appropriate building regulations, this was a separate matter but could be an informative.

·       Clarification was sought around the flood risk and drainage in relation to whether the proposal met Environment Agency’s strict measurements.

Condition 3 required the finished floor levels to be completed in accordance with the flood risk assessment which specified measurements for finished floor levels.

Any advisories recommended by the Environment Agency would be provided and included on the decision notice.

·       Clarification was sought whether condition 4 removed permitted development rights.

The removal of permitted development rights meant the Applicant could not automatically add extensions or outbuildings without the need for an application to the Council.

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

Time Limit for Commencement

1 The development hereby permitted shall be commenced before the expiration of

three years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out

in Section 91 of the Town and Country Planning Act 1990 (as amended).

Approved Plans

2 The development hereby permitted shall be carried out in accordance with the

following list of approved plans:

i.         OS Location Plan as shown on Site Plan, Block Plan and OS Location Plan as Existing re. Drawing No.5 received 4 October 2024

ii.        Site Plan, Block Plan and OS Location Plan as Proposed re. Drawing No.7 received 4 October 2024

iii.       Proposed Elevations re. Drawing No.8 received 4 October 2024Unless otherwise required by another condition of this permission.

Reason: To define the permission and for the avoidance of doubt.

Before the development is occupied

3 Prior to the occupation of the development hereby permitted, the finished floor levels shall have been completed in accordance with the submitted flood risk assessment in section 6.6 of the Planning Statement, undertaken by James Turley Planning Ltd (dated October 2024) and the following mitigation measures it details:

- Finished floor level for the bedroom to be set no lower than 23.335 mAOD

- Finished floor level for the living area to be set no lower than 22.36 mAOD

These mitigation measures shall be retained and maintained thereafter throughout the lifetime of the development.

Reason To reduce the risk of flooding to the proposed development and future occupants in line with Policy EN5 of the South Kesteven Local Plan

Ongoing conditions

4. Notwithstanding the provisions of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the property other than those expressly authorised by this permission shall be carried out without Planning Permission first having been granted by the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of nearby properties and the character and appearance of the ar.

1.1             Notwithstanding the provisions of Schedule 2, Part 1, Classes B & C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no window, dormer window, rooflight or other development consisting of an alteration to the roof of the property other than those expressly authorised by this permission shall be constructed without Planning Permission first having been granted by the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of nearby properties and the character and appearance of the area.

Notwithstanding the provisions of Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no building, enclosure, swimming or other pool or container used for domestic heating purposes shall be constructed within the curtilage of the dwellinghouse without Planning Permission first having been granted by the Local Planning Authority.

Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

1.2             Notwithstanding the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be constructed within or on the boundary of the curtilage of the site without Planning Permission first having been granted by the Local Planning Authority.

Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.