| No. | Condition Text |
|---|
| 1. | The development to which this permission relates must be commenced not later than three years from the date of this permission.
Reason:-
To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). |
| 2. | The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans (as set out on page one of this decision notice).
Reason:-
The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted. Also, in order that the development accords with Development Control Policies Development Plan Document Policy DC61. |
| 3. | Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening (other than those shown on the submitted and approved plan) shall be formed in the flank wall(s) of the building(s) hereby permitted, unless specific permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority.
Reason:-
In order to ensure a satisfactory development that will not result in any loss of privacy or damage to the environment of neighbouring properties which exist or may be proposed in the future, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. |
| 4. | The proposed development hereby approved shall be constructed in accordance with the materials detailed under Section 10 of the application form unless otherwise agreed in writing by the Local Planning Authority.
Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and comply with Policy DC61 of the Development Control Policies Development Plan Document |
| 5. | The roof area of the extension hereby permitted shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the Local Planning Authority.
Reason:-
In the interests of the amenity of the occupiers of neighbouring dwelling, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. |
| 6. | The proposed rear extension works and any associated guttering is to be entirely contained within the subject property, No. 31 Roxburgh Avenue, Upminster.
Any further matters relating to Boundary Wall matters are to be dealt with under the Party Wall Act 1996. Any work undertaken on land that is outside of the applicants ownership is a civil matter. |
| 7. | The application as approved relates solely to the proposed works including the front dormer, single storey side extension and single storey rear extension.
The existing works that have been undertaken to the roof, comprising a hip to gable roof alteration and loft conversion including a rear dormer are not subject of this application. The Local Planning Authority is unable to confirm that these works are permitted development. If the applicant wishes to determine the legality of these works, it is advised that an application for a Lawful Development Certificate is made.
Further guidance as to permitted development rights can be found on the Planning Portal (https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2).
Attention is also drawn to the fact that a first floor flank window appears to have been undertaken as part of the hip to gable roof conversion. The applicant is reminded that permitted development legislation requires that any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse must be obscure-glazed, and non-opening, unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. |
| 8. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: In accordance with paragraph 38 of the National Planning Policy Framework 2018, improvements required to make the proposal acceptable were negotiated with Mr John Wallington-Smith by email on 22nd October and 29 October 2018. The revisions involved reduction to the works related to permitted development and correct identification of the rear elevation. The amendments were subsequently submitted on 24th October 2018 and 29th October. |
