Proposal:  Erect treehouse in rear garden (Retrospective)

Applicant:  Mrs E. Lusty

Planning permission REFUSED for the following reason:

01.  The treehouse development, by virtue of its size, scale, height, design and makeshift appearance, is considered to be harmful to visual amenity and out-of-keeping with the character and appearance of the application site and the surrounding area.  The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (NPPF), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3, and the advice contained with the Southend Design and Townscape Guide (2009).

02.  The treehouse development, by virtue of its height and design, is considered to be harmful to residential amenity as it enables unacceptable overlooking and causes a loss of privacy at Kingholme, Drake Road and 2 Drake Road to the detriment of the amenities of the occupiers of these properties. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework (NPPF), Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3, and the advice contained with the Southend Design and Townscape Guide (2009).

The Committee also resolved that the Deputy Chief Executive (Place), Director of Planning and Transport or Group Manager for Planning and Building Control be DELEGATED to AUTHORISE ENFORCEMENT ACTION for the removal of the unauthorised development. This is because of the harm it causes to the character and appearance of the site and surrounding area and the amenities of the occupiers of neighbouring properties (by reason of overlooking and loss of privacy) contrary to the National Planning Policy Framework, Southend Core Strategy (2007) policies KP2 and CP4, Southend Development Management Document (2015) policies DM1 and DM3 and the advice contained with the Southend Design and Townscape Guide (2009).

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of said Notice.

When serving an Enforcement Notice the local planning authority must ensure a reasonable time for compliance. It is considered that a one month compliance period is reasonable in these circumstances.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action and is also willing to provide pre-application advice in respect of any future application for a revised development, should the applicant wish to exercise this option in accordance with the Council's pre-application advice service.

Informative

You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.