| No. | Condition Text |
|---|
| 1. | The level of curtilage provided for the proposed dwellings is considered by the Local Planning Authority to be an insufficient size, particularly unit 1 which has a very small garden given the size and form of the dwelling itself. The resultant curtilage provides limited amenity value for the occupier of the dwelling. The level of curtilage and the overall layout is not considered to comply with criterion A and E of saved policy HOU7 of the Borough Wide Local Plan. |
| 2. | The rear of the proposed dwellings looks outwards over the rear gardens of the neighbouring properties. The potential overlooking is exacerbated by the shape, size and orientation of the surrounding gardens meaning the proposal reduces the amenity of the neighbouring properties by of overlooking. Accordingly the proposal is considered contrary to criterion E of saved policy HOU7 of the Borough Wide Local Plan. |
| 3. | Sufficient information has not been provided in the form of a 'shadow' Habitat Regulations Assessment detailing both the potential cumulative impacts of the new dwelling upon nearby internationally important protected areas of biodiversity importance and any necessary mitigation measures.
Paragraph 175 of the NPPF sets out that in such circumstances permission should be refused, with 177 removing the 'presumption in favour of sustainable development' where Appropriate Assessment cannot rule out adverse effects on the integrity of the habitats site.
Consequently the application is considered contrary to saved policy HOU7 of the Borough Wide Local Plan (2001) and |
| 4. | STATEMENT OF POSITIVE ENGAGEMENT: In accordance with the NPPF, in determining this application for planning permission, the Borough Council has approached it in a positive and proactive way and where possible has sought solutions to problems to achieve the aim of approving sustainable development. Unfortunately, despite this, in this particular case the development is not considered to represent sustainable or an acceptable form of development and has been refused for the reasons set out above. |
