schedule of planning applications

Policy
Policies DES8 and TRANS2 of East Dorset Local Plan apply as the main issues are
the impact of the proposal on the character and visual amenities of the area, and the
amenities of the occupiers of adjacent properties along with on site car parking.
Considerations
Whilst the application includes a proposal to convert the garage to a study, formal
consent is not required for this part of the application. Furthermore, replacing the
garage door with a window would be acceptable in the street scene.
Consent is required, however, for the summer house/store due to its height, with the
structure being positioned within 2m to the side boundary of the site. It has a blank
elevation facing the 2m high boundary fence and doors and windows facing into the
site. Situated on land lower than adjoining dwellings and positioned well away from
the rear of these properties, along with adequate screening, the proposal is
considered acceptable.
Members will know that an application for planning permission is determined having
regard to the development plan, so far as material, and to other material
considerations. As might be expected material considerations is not a defined
expression but what is a material consideration is nonetheless, a question of law.
Ordinarily, an existing planning permission in respect of a given site is a material
consideration. In this instance a planning permission 3/11/0920/HOU in the same
form as now sought came, in error, to be granted pursuant to delegated powers. The
application should have gone, as this application has gone, to this Committee.
Mr Timothy Straker QC, a leading silk in all matters relating to planning and local
government, has advised East Dorset District Council that the existing planning
permission (3/11/0920/HOU) because it was granted in error and is therefore liable to
be set aside can and should be ignored by the Committee in their consideration of
the present application (3/11/1158/HOU). Accordingly, the Committee is advised,
supported by advice from leading counsel, that the material considerations here do
not include the existing planning permission (3/11/0920/HOU) which should be
ignored and treated as if it does not exist. This can be taken as a legal requirement.
Meanwhile the Highways Officer has no objection to the proposal, there being
adequate off street as well as on street car parking.
Conclusion
The Committee is invited to support this application which complies with Policies
DES8 and TRANS2 of the East Dorset Local Plan.
Recommendation:
GRANT – SUBJECT TO THE FOLLOWING CONDITION(S):-
Conditions/Reasons:-
1 The development hereby permitted shall be begun before the expiration of three
years from the date of this permission.
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