Application No: 2018/0047 Application Type:

LDCP

Case Officer: Amy Sichani Ward: Oxshott and Stoke DAbernon Ward

Location: 67 Burleigh Park Cobham Surrey KT11 2DU Proposal: Lawful Development Certificate: Whether planning permission is required

for a proposed single-storey rear outbuilding.Applicant: Mr Fawzi Alqassar Agent: Mr Halil Seker

Cadoo Limited Cadoo Studios 65B London Road Romford RM7 9QA

Decision Level: If Permit – Sub Committee If Refuse – Sub Committee

Recommendation: Permit

Representations: One letter of objection received, the content of which can be summarised as follows:

Additional Noise Stress of overlooking from outbuilding to be used as the additional living space

The application has been promoted by Cllr Vickers if the recommendation is to permit.

R e p o r t Description

1. The application site a detached two storey dwellinghouse located west side of Burleigh Park Cobham.

2. Relevant Planning History

Reference Description Decision 79/1692 Erection of 32 houses 4 bungalows 45 flats

all with garages together with provision of access roads and sewers following demolition of the lodge Approval of detailed plans 1979/1155

Granted- The property benefits from PD rights.

Proposal

3. This is an application for a Lawful Development Certificate (LDC) for a proposed single-storey

rear outbuilding. The submitted drawings illustrate decking area to provide access to the outbuilding but this is not included in the description of the proposal.

4. The proposed outbuilding would be triangular in shape with a maximum depth of 6.2m, width of 8.6m and a flat roof at a height of 2.5m. The outbuilding would be constructed out of timber with timber cladding. The proposed outbuilding would be used for two storage areas, entertainment/living area and w/c with access to each area from the rear garden.

Positive and Proactive Engagement

5. Paragraphs 186-187 of the NPPF requiring the Local Planning Authority to engage in a proactive manner do not apply to LDC applications.

Assessment

6. The applicant seeks a permission to whether the proposed outbuilding is lawful, and if it would comply with the requirements of Class E, Part 1, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Part 1 relates to “Development within the curtilage of a dwellinghouse”, with Class E specifically pertaining to “buildings etc incidental to the enjoyment of a dwellinghouse”. This permits the provision of developments within the curtilage of the dwellinghouse of:

(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or

(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

7. In this case, the proposed outbuilding constitutes the provision of a building for a purpose incidental to the enjoyment of the dwellinghouse. So, consideration must be given to whether the proposal is within the limitation/ conditions of the above regulation and if so, whether it would be used for the purpose incidental to the enjoyment of the dwellinghouse.

8. The proposed development would fall within the limitations of Class E as:

a) permission to use the dwellinghouse as a dwellinghouse has not been granted only by virtue of Class M, N, P, PA or Q of Part 3 of this Schedule (changes of use)

b) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would not exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse)

c) any part of the building, enclosure, pool or container would not be situated on land forward of a wall forming the principal elevation of the original dwellinghouse

d) the building would not have more than a single storey

e) the height of the building, enclosure or container would not exceed:

(i) 4 metres in the case of a building with a dual-pitched roof,

(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or

(iii) 3 metres in any other case;

f) the height of the eaves of the building would not exceed 2.5 metres;

g) the building, enclosure, pool or container would not be situated within the curtilage of a listed building;

h) it would not include the construction or provision of a veranda, balcony or raised platform;

9. For the purpose of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse. It is considered that the proposed use would be incidental for personal enjoyment of the occupiers of the dwellinghouse. Therefore, the proposal would fall within the above criteria and would be

lawful. Therefore, planning permission would not be required for erection of the proposed outbuilding.

Matters raised in Representations

10. Matters raised in the representation relate to the impact on neighbour amenity rather than the lawfulness of the proposed outbuilding and therefore cannot be taken into account in the determination of this application.

Conclusion

11. The proposed development constitutes permitted development under Article 3, Schedule 2,

part 1, Class E of the General Permitted Development Order 2015 (as amended) and complies with the criteria contained within the class as set out in the LDC checklist. The proposed development is considered lawful and, as such, planning permission from the Local Planning Authority is not required.

Recommendation: Grant Lawful Development Certificate - Proposed Use

Informatives 1 REASONS FOR GRANT OF CERTIFICATE

The proposed development constitutes permitted development under Schedule 2, Part 1, Class E of the General Permitted Development Order 2015 as amended. The proposed development is considered lawful and as such planning permission from the Local Planning Authority is not required.

SITE

TITLE

CLIENT

REFRENCE

SCALE DATE

SHEET NO

1:1250@A3 22/12/2017

REVISION67/KT112DU A

MR FAWZI ALQASSAR

LOCATION MAP 1:1250

67 BURLEIGH PARKCOBHAMSURREYKT11 2DU

2

REVISION DATE

22/12/17

BY GRID DESCRIPTION

H.S

METRES

5

4

3

2

1

6

7

8

5

4

3

2

1

6

7

8

A B C D E F G H I J

A B C D E F G H I J

All dimensions, levels, sizes, positions and locations of particulars asindicated on drawings are to be ascertained by the appointedContractor on site prior to engaging in works.

Any discrepancies must be reported to Cadoo ltd immediately.

No dimensions to be scaled from the drawings for constructionpurposes unless otherwise indicated. All works to comply withcurrent Building Regulations.

Party Wall etc. Act 1996 would apply and contractor is to assurethat no work is commenced until this formality is completed.

The sole purpose of this drawing is the procurement of PlanningPermission and Building Regulation approval and work is not tocommence before such approvals.Where this drawing is used for the works, the appointedContractor should request at the time of tender, from the tenderer,full specification and schedule of work. To avoid any disputes, thisschedule of works in conjunction with the drawings would be used

to resolve matters.

Contractor to assure and satisfy himself that necessary Planningpermission and Building Regulations are approved before tenderingor commencing works.

The competent person is to send to the local authority (via thescheme provider), a self-certification certificate within 30 days ofthe electrical works’ completion. The Client must receive both acopy of the self-certificate and a BS7671 Electrical Installation TestCertificate (Reg. P1).

The Gas and Boiler installations will be carried out by a suitablequalified Gas Safety registered gas engineer.

The Contractor is responsible for ensuring compliance with theCDM Regulations, and appropriate Health & Safety on siteprecautions.

This drawing is the copyright of Cadoo Ltd and must not be tracedor copied in anyway or form in part or whole by any meanswhatsoever without prior written consent andmay only be used by the present owner in relation to the propertyas refereed to on the drawing. This drawing may be copied for byan authorised officer of the Local Authority with the sole purposeto assist in the determination of a Planning or Building Regulationsapplication and may not be used for any other purpose.

TEL: 07955 538 077 - 07568 320 326EMAIL: info@cadoostudios.comWEB: www.cadoostudios.com

A

0 25 37.512.525 12.5

Map area bounded by: 512449,161123 512591,161265. Produced on 22 December 2017 from the OS National Geographic Database. Reproductionin whole or part is prohibited without the prior permission of Ordnance Survey. © Crown copyright 2018. Supplied by UKPlanningMaps.com alicensed OS partner (100054135). Unique plan reference: p2buk/212796/290646

SITE

TITLE

CLIENT

REFRENCE

SCALE DATE

SHEET NO

1:500@A3 22/12/2017

REVISION67/KT112DU A

MR FAWZI ALQASSAR

BLOCK PLAN 1:500

67 BURLEIGH PARKCOBHAMSURREYKT11 2DU

3

REVISION DATE

22/12/17

BY GRID DESCRIPTION

H.S

METRES

5

4

3

2

1

6

7

8

5

4

3

2

1

6

7

8

A B C D E F G H I J

A B C D E F G H I J

All dimensions, levels, sizes, positions and locations of particulars asindicated on drawings are to be ascertained by the appointedContractor on site prior to engaging in works.

Any discrepancies must be reported to Cadoo ltd immediately.

No dimensions to be scaled from the drawings for constructionpurposes unless otherwise indicated. All works to comply withcurrent Building Regulations.

Party Wall etc. Act 1996 would apply and contractor is to assurethat no work is commenced until this formality is completed.

The sole purpose of this drawing is the procurement of PlanningPermission and Building Regulation approval and work is not tocommence before such approvals.Where this drawing is used for the works, the appointedContractor should request at the time of tender, from the tenderer,full specification and schedule of work. To avoid any disputes, thisschedule of works in conjunction with the drawings would be used

to resolve matters.

Contractor to assure and satisfy himself that necessary Planningpermission and Building Regulations are approved before tenderingor commencing works.

The competent person is to send to the local authority (via thescheme provider), a self-certification certificate within 30 days ofthe electrical works’ completion. The Client must receive both acopy of the self-certificate and a BS7671 Electrical Installation TestCertificate (Reg. P1).

The Gas and Boiler installations will be carried out by a suitablequalified Gas Safety registered gas engineer.

The Contractor is responsible for ensuring compliance with theCDM Regulations, and appropriate Health & Safety on siteprecautions.

This drawing is the copyright of Cadoo Ltd and must not be tracedor copied in anyway or form in part or whole by any meanswhatsoever without prior written consent andmay only be used by the present owner in relation to the propertyas refereed to on the drawing. This drawing may be copied for byan authorised officer of the Local Authority with the sole purposeto assist in the determination of a Planning or Building Regulationsapplication and may not be used for any other purpose.

TEL: 07955 538 077 - 07568 320 326EMAIL: info@cadoostudios.comWEB: www.cadoostudios.com

A

50 10 155102.57.512.5

9

9

5

9

62

20

8608

10

00

5727

2

0

8

3

5

1

6

8

1976

18

71

1620

928

1

8

7

5

1000

1000

4459

180

180

800 1000

1800

600780744 1600 744

4467

680

680

2

1

3

7

1117

107

5

2500

2100

1300

20828608

2082

2

4

0

9

PROPOSED GROUND FLOOR PLAN

PROPOSED FRONT ELEVATION

PROPOSED REAR ELEVATION

PROPOSED SIDE ELEVATIONPROPOSED SIDE ELEVATION

180

Storage

Storage

W/C

Entertainment Area / Living Area

6220 1212 5008

1212

5008

2082 8608

2500

2500

2500

Please Note:

The proposed out-building willbe constructed completely outof timber frame and timber cladding.

Decking

Flat Roof

PROPOSED ROOF PLAN

SITE

TITLE

CLIENT

REFRENCE

SCALE DATE

SHEET NO

1:100@A3 27/02/18

REVISION67/KT112DU B

MR FAWZI ALQASSAR

PROPOSED GROUND, ROOF PLANS ANDELEVATIONS

67 BURLEIGH PARKCOBHAMSURREYKT11 2DU

1

REVISION DATE

27/02/18

BY GRID DESCRIPTION

H.S

METRES

5

4

3

2

1

6

7

8

5

4

3

2

1

6

7

8

A B C D E F G H I J

A B C D E F G H I J

All dimensions, levels, sizes, positions and locations of particulars asindicated on drawings are to be ascertained by the appointedContractor on site prior to engaging in works.

Any discrepancies must be reported to Cadoo ltd immediately.

No dimensions to be scaled from the drawings for constructionpurposes unless otherwise indicated. All works to comply withcurrent Building Regulations.

Party Wall etc. Act 1996 would apply and contractor is to assurethat no work is commenced until this formality is completed.

The sole purpose of this drawing is the procurement of PlanningPermission and Building Regulation approval and work is not tocommence before such approvals.Where this drawing is used for the works, the appointedContractor should request at the time of tender, from the tenderer,full specification and schedule of work. To avoid any disputes, thisschedule of works in conjunction with the drawings would be used

to resolve matters.

Contractor to assure and satisfy himself that necessary Planningpermission and Building Regulations are approved before tenderingor commencing works.

The competent person is to send to the local authority (via thescheme provider), a self-certification certificate within 30 days ofthe electrical works’ completion. The Client must receive both acopy of the self-certificate and a BS7671 Electrical Installation TestCertificate (Reg. P1).

The Gas and Boiler installations will be carried out by a suitablequalified Gas Safety registered gas engineer.

The Contractor is responsible for ensuring compliance with theCDM Regulations, and appropriate Health & Safety on siteprecautions.

This drawing is the copyright of Cadoo Ltd and must not be tracedor copied in anyway or form in part or whole by any meanswhatsoever without prior written consent andmay only be used by the present owner in relation to the propertyas refereed to on the drawing. This drawing may be copied for byan authorised officer of the Local Authority with the sole purposeto assist in the determination of a Planning or Building Regulationsapplication and may not be used for any other purpose.

TEL: 07955 538 077 - 07568 320 326EMAIL: info@cadoostudios.comWEB: www.cadoostudios.com

B

10 2 3120.51.52.5