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Policy guidelines allow 3-metre wide openings in UCAs
A planning application entailing, inter alia, the widening of a façade opening, was rejected by the Environmental and Planning Commission after it established that the proposed interventions violate the approved Policy and Design Guidance for Development Control within Urban conservation Areas.
In virtue of Paragraphs 7d and 7e of Part A of the Policy, "garage openings should not exceed 2.4 metres and should be enclosed with a solid timber door".
The Commission therefore concluded that the proposed development would not maintain the visual integrity of the area as required by Structure Plan
policy BEN 2.
Direct reference was also made to Structure Plan policy UCO 6, which states "spaces and townscapes within Urban Conservation Areas should be preserved and enhanced".
In this case, the resultant design was considered unacceptable in terms of coordination, since it contained a variety of disparate styles that fail to respect or reflect the local context.
In his appeal lodged before the Environment and Planning Tribunal, the applicant insisted that the contemplated alterations were indeed slight and the streetscape would not be affected negatively as alleged by the Authority.
Moreover, the applicant that the residence in question is not scheduled and in principle could have therefore been demolished completely. In his appeal, he claimed that the Authority acted unfairly, especially in light of the fact that he opted to retain an existing structure instead of demolishing and reconstruct to modern standards.
In his concluding remarks, the applicant observed that notwithstanding Paragraphs 7d and 7e of Part A of the approved Policy and Design Guidance for Development Control within Urban conservation Areas where it established that garage openings shall not exceed 2.4 metres, the document Policy and Design 2007 allows garage openings up to 3 metres in Urban Conservation Areas.
In its assessment, the Tribunal observed that as stated by applicant, policy 6.8 of DC 2007 allows openings up to 3 metres in Urban Conservation Areas.
For this reason, the said policy found application in this case, provided any other more restrictive provisions.
Either way, the Tribunal concluded that the proposed doorway would not obliterate the facade visual characteristics, noting further that the bulk of the façade fabric was to be retained. While taking this into account, the Tribunal ordered the Authority to issue the permit.
