Agenda item

Proposal: Single storey rear extension

Location: The Conifers, School Lane, Old Somerby, Lincolnshire, NG33 4AQ

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

The meeting adjourned at 17.04 and resumed at 17.08. The following Members left the Chamber prior to the commencement of the item; Councillors Paul Fellows, Vanessa Smith, Mark Whittington, Harrish Bisnauthsing, Tim Harrison, and Richard Cleaver.

Proposal: Single storey rear extension

Location: The Conifers, School Lane, Old Somerby, Lincolnshire, NG33 4AQ

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

Noting comments in the public speaking session by:

Together with:

·       South Kesteven Local Plan 2011-2036 (Adopted January 2020)

·       Design Guidelines Supplementary Planning Document (Adopted November 2021)

·       National Planning Policy Framework (Published December 2024)

·       Old Somerby Neighbourhood Development Plan (Adopted 29 June 2021)

·       Representations received from Old Somerby Parish Council

·       Representations received from Lincolnshire County Council (Highways and SuDS).

During questions to public speakers, Members commented on the following:

-       It was queried whether there was anything that the speaker could do to mitigate the loss of privacy. The speaker confirmed that they had attempted to grow a eucalyptus tree to distort any overlooking, however, this had been unsuccessful.

During questions to officers and debate, Members commented on the following:

-       It was confirmed that the window included within the application was positioned higher than the garden fence,  It was possible to view the neighbours garden seat from the window. The application site extends further into the neighbours garden due to the application being in ADDITION to a completed built extension hence impeding further on the neighbour’s privacy.

-       Although the building work had already commenced, the Assistant Director of Planning confirmed that this was unauthorised and enforcement action could be pursued following the conclusion of the application.

-       The Assistant Director also confirmed that this decision would not set a precedent for the area as each application should be assessed on its own merits.

-       It was confirmed that the applicant would be able to step onto the extension roof from the Juliet balcony above. It was suggested that a condition should be imposed to restrict the usage of the roof for either maintenance or as an emergency exit.

It was proposed, seconded, and AGREED to extend the meeting until 17.40.

-       It was suggested that the window facing over the neighbouring fence be completed with opaque glass, therefore obscuring the vision and maintaining the neighbour’s privacy.

Following discussions, it was proposed, seconded, and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to the imposition of the suggested opaque window, restrictions on the usage of the roof and the following conditions.

Time limit

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:

a. Site Location Plan - Date received: 28.03.2025

b. Proposed Plans and Elevations - Drawing number: 25.020PL01-2 - Date

received: 24.03.2025 

Unless otherwise required by another condition of this permission. 

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

Materials

3) Before any part of the development hereby permitted is occupied/brought into use, the external elevations shall have been completed using only the materials stated in the planning application forms unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Obscure Glazing

4) Before any part of the development hereby permitted is occupied/brought into use, the window in the eastern elevation shall have been installed with obscure glazing and with no opening part being less than 1.7m above the floor level immediately below the centre of the opening part. The obscure glazing must be obscured to a minimum of Pilkington - Privacy Level 3 or an equivalent product. Once installed, the window units shall thereafter be retained as such at all times.

Reason: To safeguard the privacy of occupiers of the neighbouring / adjoining properties.

Balcony Restriction

5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or replacing that Order), the flat roof area of the extension hereby approved shall not be used as a balcony, terrace, roof garden or similar amenity area, and no railings, walls, parapets or other means of enclosure shall be provided on that roof unless planning permission has expressly been granted for such works.

Reason: To protect the privacy and amenity of the occupants of the adjacent dwellinghouses, having regard to Policy DE1 of the South Kesteven District Council Local Plan 2020, and the National Planning Policy Framework.