Agenda item

20241620 - 104 Dumbleton Avenue

Ward: Braunstone Park & Rowley Fields

Proposal: Construction of first floor extension at side and rear of house (Class C3)

Applicant: Sarjet & Ranjit Singh & Kaur

The Planning Officer presented the report.

The Chair summarised the application and moved that in accordance with the Officer recommendation, the application be approved. This was seconded by Councillor Russell, and upon being put to the vote, the motion was CARRIED.

RESOLVED: permission was granted subject to conditions

CONDITIONS

1.         The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

2.         The new walls and roof shall be constructed in materials to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

3.         The proposed render as identified on 'Proposed Elevations' that were recieved by the local authority on the 11 September 2024, shall be finished in render to match the existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS3.)

4.         Should the development not commence within 18 months of the date of the last protected species survey (18/06/2025), then a further protected species survey shall be carried out of all buildings by a suitably qualified ecologist. The survey results and any revised mitigation

            shall be submitted to and agreed in writing with the local planning authority and any identified mitigation measures carried out in accordance with the approved plan. Thereafter the survey should be repeated every 18 months and any mitigation measures reviewed by the LPA until the development commences. (To comply with the Wildlife and Countryside Act 1981 (as amended by the CRoW Act 2000), the Habitat & Species Regulations 2017 and CS 17 of the Core Strategy).

5.         Development shall be carried out in accordance with the following approved plans:

            Block Plan, DRAWING NUMBER PL104 A202, REVISION A, received 11 September 2024

            Proposed Plans, DRAWING NUMBER PL104 A200, REVISION A, received 11 September 2024

            Proposed Elevations, DRAWING NUMBER PL104 A201, REVISION A, received 11 September 2024

            (For the avoidance of doubt).

NOTES FOR APPLICANT

1.            There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

            Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because the following statutory exemption/transitional arrangement is considered to apply:

            Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

2.         The property may be suitable for roosting bats, which are protected by law from harm. The applicant should ensure that all contractors and individuals working on the property are aware of this possibility, as works must cease if bats are found during the course of the works whilst expert advice from a bat ecologist is obtained. Bats are particularly associated with the roof structure of buildings, including lofts, rafters, beams, gables, eaves, soffits, flashing, ridge-tile, chimneys, the under-tile area, etc. but may also be present in crevices in stone or brickwork and in cavity walls.  Further information on bats and the law can be found here Bats: protection and licences - GOV.UK (www.gov.uk)

3.         Development on the site shall avoid the bird nesting season (March to September), but if this is not possible, a re-check for nests should be made by an ecologist (or an appointed competent person) not more than 48 hours prior to the commencement of works and evidence provided to the LPA. If any nests or birds in the process of building a nest are found, these areas will be retained (left undisturbed) until the nest is no longer in use and all the young have fledged. An appropriate standoff zone will also be marked out to avoid disturbance to the nest whilst it is in use.

            All wild birds are protected under the Wildlife and Countryside Act (1981) as amended making it an offence to kill, injure or disturb a wild bird and during the nesting season to damage or destroy an active nest or eggs during that time.  Further information on birds and the law can be found here Wild birds: protection and licences - GOV.UK (www.gov.uk)

4.         The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received. This planning application has been the subject of positive and proactive discussions with the applicant during the process (and/or pre-application).

            The decision to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2024 is considered to be a positive outcome of these discussions.