Description
Application under S73 of the Town and Country Planning Act 1990 for Variation of condition 14 (Approved Plans) on application P11/S0126 granted by appeal decision APP/Q3115/A/13/219268 (Partial demolition of existing care home, Eastfield House, construction of extensions and associated works and change of use of land at the rear of the home from C3 to C2 to provide additional external amenity space) to allow changes to internal layout; formation of dormers at second floor; additional plant room; part retention of existing outbuilding; and erection of summer house within rear garden.
Conditions / Refusal Reasons
The planning permission granted under P11/S0126 was for an extension to Eastfield House and the change of use of land to the rear for external amenity space, and the current application seeks planning permission for, among other things, the erection of a large summerhouse. Accordingly, the proposal amounts to a fundamentally different form of development to that previously approved and the proposal cannot be dealt with by varying a condition on an existing planning permission under Section 73 of the Town and Country Planning Act 1990.
Additions to the original building comprising an extension to the east elevation to accommodate plant and a lift overrun are overly bulky in form and devoid of detailed design features that would integrate them with the host building, and fail to respect the character and appearance of the building which would result in visual harm. Furthermore the application contains insufficient information and inconsistent plans such that a full appraisal of the proposed development is not possible. The proposals are unacceptable in design terms and contrary to policies DES1 and DES2 of the South Oxfordshire Local Plan 2035.
In the absence of a heritage assessment, contrary to the requirements of Policy ENV6 and paragraph 194 of the NPPF, the application contains insufficient information to allow an assessment of the impact of the proposed development to designated and non-designated heritage assets and as such the level of harm cannot be established or weighed against the public benefits of the proposed development, and the proposals would be contrary to policies ENV6 and ENV8 of the South Oxfordshire Local Plan 2035 and paragraphs 194, 199, 200, 202 and 203 of the NPPF.
In the absence of details of the type or amount of plant equipment proposed, I consider that there is insufficient information to demonstrate that the proposed development would not generate noise, vibration or smells that would impact on and be harmful to the living conditions of occupants of Eastfield Cottage, and the proposals would be contrary to policy DES6 and ENV12 of the South Oxfordshire Local Plan 2035.
In the absence of up-to-date ecological surveys, there is insufficient information to assess the extent to which protected species would be impacted by the proposed development, and the proposals would be contrary to policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035.
In the absence of a revised surface water drainage strategy, the application fails to demonstrate that surface water can be adequately managed and that the development would not result in an increase in flood risk, or that the run-off rates would be attenuated to greenfield run-off rates and the proposals would be contrary to policy EP4 of the South Oxfordshire Local Plan 2035.
In the absence of a BS 5837:2012 Tree Survey or Arboricultural Impact Assessment, and due to the location of protected trees being incorrectly plotted on the submitted plans, the application contains insufficient information to allow an assessment of the impact of the proposed development on protected trees and as such the application fails to demonstrate that the proposals would protect existing trees and would be contrary to policies ENV1, ENV5, DES1 and DES2 of the South Oxfordshire Local Plan 2035.
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