Agenda item

Two storey dwelling with single storey granny annexe

Recommendation: Grant

The Committee considered an application for the erection of a detached two storey dwelling with a single storey granny annexe.

The Development Management Officer presented the report which detailed the proposal, description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal, providing full and comprehensive details.

It was recommended that planning permission be granted, subject to the conditions set out in the committee report.

Requests to address the meeting had been received from Stephanie Beckett, an objector and Councillor Sally Wilks on behalf of Brigstock Parish Council and the Committee was given the opportunity to ask questions for clarification.

Ms Beckett stated that she did not object to the application but had concerns about the footpath as it had been blocked by the applicant.  With the previous application there had been a condition about access, and she urged the Committee to make the same decision as before about the footpath.  The Committee should grant the application with a proviso that Swan Avenue residents could access the footpath.

Councillor Wilks stated that she was surprised that the land had been transferred to new ownership.  The Swan Avenue development had been completed in 2007 with a path left for access to the footpath.  It had been an oversight by the former East Northamptonshire Council not to put the path on the definitive map.  Residents would welcome support in getting the obstruction removed.  The Parish Council had no objection to the application.

The Chair invited the Committee to determine the application.

During debate on the application, the following points were made:

•      The Planning Officer clarified that the blockage was across the link to the footpath and not on the public right of way.  The removal of the blockage could not be conditioned as it was not within the boundary of ownership.

•      There were two versions of the footpath, the one on the ground and the one in the definitive register.  The definitive register version was within the site and would need to be diverted.

•      If the Committee were minded to grant the application, it could be granted subject to a S257 order being put in place to divert the footpath.  If the S257 order was not granted, then there could be a permission in place which could not be implemented.

It was proposed by Councillor Kirk Harrison and seconded by Councillor Bert Jackson that planning permission be granted, subject to the conditions set out in the report and update report and an additional condition to ensure the footpath diversion is achieved.

On being put to the vote, the motion for approval was unanimously carried. 

RESOLVED:-

That planning permission be granted, subject to the conditions (and reasons) numbered in the committee report, update report and the following additional condition to ensure the footpath diversion is achieved:

No development hereby approved shall take place until a footpath diversion order that incorporates the diversion of the existing footpath MK12 and re-routing of the footpath to the western boundary of the site has been made and confirmed by the Local Planning Authority.

Upon any confirmed diversion the new footpath route shall be made available and kept open and unobstructed during the construction of the development and shall thereafter remain open and unobstructed in perpetuity.

Reason: To ensure that the footpath remains open and unobstructed during and after the construction of the development in the interest of highway safety.