Agenda item

The planning application before members proposed the demolition of existing stabling, storage, and residential buildings and the erection of five houses, along with landscaping and associated works.

In accordance with the public speaking arrangements, the Committee was addressed by an objector with a response by the applicant.

The objector questioned the process behind the issue of Certificates of Lawfulness for four buildings currently on the site. The committee was informed that local residents had not been aware that Certificates of Lawfulness had been issued in respect of the four buildings on site. Questions were raised over how the construction of five residential dwellings on the site in place of the four buildings could be appropriate development in the Green Belt. The objector raised concerns over the drainage and sewerage arrangements for the proposed properties and intrusive lighting. Members were invited to attend the site to conduct a site visit. 

Speaking in response the applicant confirmed that the proposed development would lead to the removal of four existing buildings benefiting from Certificates of Lawfulness together with extensive hardstanding. The applicant advised that the proposed development was low density and that part of the site would be returned to open Green Belt. Members were informed that no further development would take place on the site in the future and that the new residential dwellings would be situated far enough away from neighbouring properties to avoid issues of overlooking.

With its agreement Councillors Denis O’Flynn and Keith Darvill addressed the Committee.

Councillor O’Flynn commented that the report was very comprehensive however he was surprised at the recommendation for planning permission to be granted. Councillor O’Flynn suggested that a site visit be arranged for Committee members so that they could gain a better understanding of how the site was currently laid out. Councillor O’Flynn also raised concerns regarding the drainage of the site and possible increased traffic problems.

Councillor Darvill confirmed that he supported all the previous points that had been made by the objector and Councillor O’Flynn. Councillor Darvill also commented that the proposed scheme would be intrusive on neighbouring properties due to the considerable incline of the site. Councillor Darvill urged Committee members to arrange a site visit to the site.

During the debate members questioned how the four properties currently situated on the site had acquired their Certificates of Lawfulness. Officers provided detail on the application and the evidence submitted in support of the application. A member queried whether Council Tax had been paid for the four properties with the benefit of the Certificate. Officers confirmed that a Court Summons had been issued for unpaid Council Tax. A member noted that an application had previously been refused for the retention of outbuilding on the site. Clarification was sought on the enforcement history of the site.

Members also discussed the site’s access and egress arrangements and questioned whether there was sufficient space in the access road for two cars to pass each other.

Members also questioned which parts of the site shown on the plan were to be included in the proposed development.

Following a motion to refuse the granting of planning permission which was lost by 7 votes to 2 with 2 abstentions. It was RESOLVED to defer consideration of the scheme for a visit of the site to take place and to allow officers to clarify the following points:

·         Details of the enforcement history especially in the period immediately preceding and since the first creation of the 4 lawful residential units; 

·         Basis of evidence submitted to gain the 4 Lawful Development Certificates;

·         Whether the access road into the site was wide enough to enable 2 vehicles to pass;

·         Explanation of the Lawful Development Certificate process and detail of the dates of submission/approval, including details of any agreed curtilage;

·         Clarification as to when the hardstanding on site was laid;

·         Whether the front car park formed a part of the proposal site and whether it could be reverted back to open Green Belt land;

·         Detailed plan clearly identifying the extent of the land within the applicant’s control;

·         Identification of those buildings/car parking areas and areas of hardstanding currently existing on site;.

·         Clarification as to whether the access road would be adopted;

·         Precise details of the proposed boundary treatment (suited to Green Belt);

·         Investigation of the allegation that one of the LDC residential units now accommodated horses;

·         Further explanation of considerations around the argument that 4 small residential units benefitting from Lawful Development Certificates could justify 5 large houses in Green Belt terms.

·         Clarification as to how the existing commercial development in the Green Belt could justify a change to residential properties.