07
The Committee received and considered the Senior Planning Officer's report which presented an application for a retrospective change of use of agricultural land to a residential garden.
The Senior Planning Officer presented the salient matters of the application to Members together with the key issues relating to the application.
Members were provided with updates to the report which had been made since publication of the report together with additional information that had been received relevant to the application.
It was reported that the agenda report mistakenly described the Ward Councillors as being Cllr G Freemen and Cllr R Hanton. The report should have stated that the Councillors for Ormesby Ward are Cllr G Freeman and Cllr J Rundle. It was confirmed that no comments had been received from any Councillor.
Confirmation was given that the existing close boarded boundary fence along the proposed garden extension (western boundary) does not benefit from planning permission, as this is a means of enclosure enabling the change of use. The submitted plans show this boundary treated with a brick wall. A slightly different approach is now proposed from the original report, where the application under consideration is now just for a change of use; any boundary treatment would need to seek further planning permission under a new application.
Members were advised of the additional representation that has been received from the Arboricultural Officer which commented on an oak tree that sat within the boundary of the applicant’s ownership, but not within the site currently under consideration. The oak tree is protected by a Tree Protection order (TPO). It was noted that should development be proposed close to the tree in the future, tree protection measures should be included as part of those proposals and could therefore be assessed and controlled as appropriate at that time.
Members were advised that an Informative note is proposed to advise the applicant of the tree’s protection and that no excavating or storing of heavy materials within the RPA should occur without an application for works to the TPO tree or as part of an application for other forms of operational development.
The Senior Planning Officer advised Members that some changes were proposed to the conditions and informatives from the original report, as a result of the above. Two new informatives are proposed, one in relation to the protected oak tree, and another referring to any future application for boundary treatments. These are as follows
- Condition 1 is proposed to be amended to clarify the extent of what the permission covers.
- Condition 2 is proposed for removal from the Recommendation.
- Conditions 3 and 4 are proposed to be amended to improve the precision and enforceability of the conditions.
- It is recommended that two additional informative notes are attached to any permission granted.
Councillor Capewell sought clarification on the removal of permitted development rights and how this affected the application site. The Senior Planning Officer provided clarification on this matter and advised that this was usual practice for these types of application.
Councillor Galer asked if there were any known plans for re use of the railway line that ran almost through the application and sought clarification as to whether any of the proposed development was to be built over the line. The Head of Planning advised that the current proposal, together with the previously approved garden extension, does encroach upon the former railway alignment..
The Committee hereby entered into debate.
Councillor Mogford commented with regard to the railway line and whether these lines were protected to ensure tracks could be reused. The Head of Planning and Growth advised that it would not be possible to re-establish the railway line, however this was considered as part of the Local Plan which looked at tracks being re-used for cycling or walking lanes, he advised however there was currently no funding in place for this. The Head of Planning further advised that there would still be scope within the village to use some of the railway line for connectivity in the future if required.
Proposer : Councillor T Wright
Seconder : Councillor B Williamson
That application 06/22/0473/CU be approved as per the amended recommendations and planning permission be granted subject to the conditions as amended within the Senior Planning Officers report.
APPROVED