The report of the Director of Planning, Building Control and Licensing is enclosed.

The application was for a retrospective application for the reconstruction of external brick work to front and side elevations of a dwelling. The application was submitted to the Planning and Highways Committee on 19 September 2019 where the Committee decided to undertake a site visit. The application was submitted to the Committee on 17 October 2019 where the applicant requested that the application be deferred in order to allow for a sample panel of the brick tinting to be prepared.

The property at 53 Kingston Road is a 2 storey detached dwellinghouse located within the Didsbury St James Conservation Area. 53 Kingston Road is one of seven identical detached dwellings (the Shirley Houses), located on the eastern side of Kingston Road, which were constructed as accommodation for staff by the Shirley Institute, now Towers Business Park.

The property sits in spacious grounds, beyond which to the north and south are properties 47 and 55 Kingston Road respectively, both properties are two storey detached dwellings. To the east of the site there is a thick landscape belt running along the common boundary with The Towers Business Park. To the west of the site, on the opposite side of Kingston Road, stands no. 56 Kingston Road, a part single/part 2 storey detached dwelling.

Planning permission to erect a two storey rear extension and a single storey side extension to the property was approved in January 2018 under reference 117633/FH/2017. The planning permission was conditional upon using matching bricks in the construction of the extensions in order to maintain the uniform look of the Shirley Houses. It became apparent during the construction of the extensions that the approved brick (IbstockBirtley Olde English) had not been used. Furthermore, for structural reasons the applicant removed the outer skin of the front elevation and completely rebuilt the side elevations using instead a Weathered Pre-War Common type brick.

In view of the use of the non-matching bricks and the fact the rebuilding work was undertaken while the extensions approved under planning approval 117633/FH/2017 were being constructed, the applicant was informed of the need to apply for the rebuilding of the front and side elevations and this formed the basis of the application submitted. In addition to applying to retain these rebuilt elevations, the applicant also proposed to colour tint the bricks to match the other remaining Shirley Houses. While not part of this proposal the applicant would also be colour tinting the extensions approved under planning permission 117633/FH/2017 to ensure that all the new brick work matches the other Shirley Houses.

The applicant had also applied for planning permission to erect a brick garage at the side of the dwelling, along with a front brick boundary wall and gateposts, and this application was also before the Committee (121460/FH/2018). As with the application, it is also proposed to colour tint the brickwork used in the construction of the garage. This is referred to in planning application 121460/FH/2018 (below).

Committee members undertook a site visit to inspect the property prior to the meeting. In providing a summary of the application, the Planning Officer reported that a sample of bricks had been produced for inspection during the site visit that had taken place. In addition, members had expressed concern with regard to the driveway not being level with the public footway and an additional condition had been added to address the drive/ footway levels and drainage issues. 

An objector attended the meeting and addressed the Committee regarding their objections to the proposed development.

The spouse of the applicant attended the meeting and addressed the Committee on the application.

Councillor A Simcock, ward Councillor (Didsbury East) attended the meeting and addressed the Committee regarding a number of concerns with the development and the work that had taken place at the site. Reference was made to the Conservation Area in which the property is located and highlighted that the current brickwork does not match the existing Shirley Houses adjacent. Concern was raised in view of the building work that had continued without appropriate planning permission, after a site visit had been agreed. Also, no examples of brick tinting had been provided as promised, until a small sample of tinted bricks was produced during the site visit. Work had also taken place to build a separate brick garage and install extensive external lighting to the property without planning permission. Two mature trees had been removed from the site and no new trees planted to replace them. Other remedial works were required to the site including the replacement of the damaged pavement and kerbs caused by heavy contractor vehicles and the installation of a dropped kerb to the property access. Councillor Simcock expressed concern at the actions of the applicant in ignoring the planning process and requested that the strongest possible action be taken.

The planning officer informed the Committee that additional planning conditions have been added which require the applicant to:

·         produce samples of brick work tinting for the property to the satisfaction of the planning officer. Any changes to the brick work would need to be carried out;

·         plant two trees on the site to replace the trees removed;

·         carry out remedial work to repair damage the pavement and kerb, introduce a dropped kerb to the access and amend the driveway level to meet the footway level.

The Chair invited members to ask questions and comment on the application.

In noting the work of officers to address the concerns raised, members expressed concerns regarding the tinting of the brickwork of the building, the loss of the two trees from the site and the levelling of the driveway with the pavement and the installation of a dropped kerb. The point was made that the sample of tinted bricks shown to Committee members during the site visit were not in situ and it would be necessary to see a sample area of the tinting on an area of the building to determine if the colour matched the other Shirley Houses. An undertaking was requested from the applicant to guarantee that two mature trees would be planted on the site at an appropriate time of the year to ensure the trees would continue grow. A member made reference to the impact of the brickwork of the building on the conservation area and planning officers were asked if a ‘stop notice’ had been considered in view of the unauthorised building work taking place and had enforcement action been taken.

The Committee was informed that a ‘stop notice’ would be issued if there would significant harm caused from the development and so was not appropriate for the circumstances of this application. Enforcement action had been started and had been suspended following the solution proposed by the applicant to address the issues outlined. It was considered that the proposed solution would address the planning issues in the context of the conservation area.

Councillor Flanagan proposed that the application be Minded to Approve, subject to the following:

·         The tinting of a sample patch area of brickwork at the rear of the property to match the brickwork of the other Shirley Houses located within the conservation area;

·         To delegate authority to the Director of Planning, in consultation, with the Chair of the Planning and Highways Committee, to determine whether the sample brickwork on the property is a satisfactory and matches the colour of the brickwork of the other Shirley Houses.

·         The planting of two mature trees in the garden of the property to replace the two trees removed and for planting to take place at an appropriate time of year to ensure the trees continue to grow and mature.

·         The carrying out of remedial work to the driveway of the property to ensure that it meets the level of the footway.

·         The fitting of a dropped kerb to the access to the driveway and replacement of damaged kerbstones.

Councillor Andrews seconded the proposal.

Decision

Minded to Approve the application, subject to the following conditions:

·         The tinting of a sample patch area of brickwork at the rear of the property to match the brickwork of the other Shirley Houses located within the conservation area;

·         Delegating authority to the Director of Planning, in consultation, with the Chair of the Planning and Highways Committee, to determine whether the sample brickwork on the property is satisfactory and matches the colour of the brickwork of the other Shirley Houses.

·         Subject to agreement being reached on the sample of brickwork tinting, the remainder of the brickwork tinting for the rest of the house and the garage is to be completed within a year.

·         The planting of two mature trees in the garden of the property to replace the two trees removed and for the planting to take place at an appropriate time of year to ensure the trees continue to grow and mature.

·         The carrying out of remedial work to the driveway of the property to ensure that it meets the level of the footway.

·         The fitting of a dropped kerb to the access to the driveway and replacement of damaged kerbstones.