Agenda item

Application: 2022/1028/COU

Location: Oxmoor Lodge, Meadow’s Edge, Biggin

Proposal: Change of use of grassland to domestic garden in connection with Oxmoor Lodge (retrospective).

The Senior Planning Officer presented the application which had been brought before the Planning Committee as the Ward Councillor for the area where the proposal lies had requested it to be heard by the Committee in writing within 21 days of the publication of the application in the weekly list. The following reasons for Committee consideration were noted, which were considered to be valid material planning reasons:

1. The proposals were similar to other applications which the Council had approved recently, such as the application in North Duffield which was approved by Committee in December 2021 (ref 2020/1391/FUL).

2. It is important to provide reasonable private amenity space with properties, provided that the proposal would not have any significant adverse impact on the residential amenities of the occupiers of any neighbouring residential properties and there was no significant adverse effect on the character and appearance of the surrounding countryside. Having assessed the proposals, I consider that these proposals met this test and are therefore compliant with Policy ENV1 (1) and H15 of the Selby District Local Plan and the NPPF.

Members noted that the application was for the retrospective change of use of grassland to domestic garden in connection with Oxmoor Lodge.

The Committee questioned the Senior Planning Officer about the influence of the change of use to the character of the open countryside given that the site was surrounded by woodland preventing it being viewed by the public. The Committee also asked for clarification on the size of the extended land and queried what would happen if the Committee agreed with the recommendation to refuse.

The Senior Planning Officer responded that the visual impact is not the only consideration when assessing the impact of developments on the wider countryside. Although the Planning Statement stated that the proposals would not visually harm the area, the argument that extended garden area would be out of public view would not be compelling in principle as it could be repeated too often to the overall detriment of the character and appearance of the countryside. It was confirmed the area was 0.1 hectares in size. The Planning Development Manager stated that, if the proposal was refused, it would be sought through enforcement to ensure the land was returned to its previous condition including the removal of the existing buildings and the reinstatement of the fencing between the permitted development and the application site. The fences between properties and the existing landscaping would be permitted to remain but the cessation of use for residential purposes would be required.

Ward Councillor Richard Musgrave was in attendance and spoke in favour of the application.

Planning Agent Sam Dewar was in attendance and spoke in favour of the application.

Members debated the application and noted that the permitted garden was small compared to the size of the house but acknowledged this was caused by the developer when outline planning for the house was approved in 2015. Members argued allowing development of the application site would result in improvement with the applicant further investing in landscaping and maintenance of the land.

The Committee asked for what practical controls Selby District Council would have on development of the application area and specifically whether structures could be erected on the site. Members also questioned the frequency of inspection to ensure schemes were complying with enforcement.

The Senior Planning Officer stated the Council would use enforcement to ensure all structures were removed, boundaries were reinstated, and all domestic use of the site be ceased and the land would be returned to grassland. The Planning Solicitor addressed the Committee to advise that the practical powers of Selby District Council were very limited in terms of enforcing the restrictions.

The Planning Development Manager stated that were the application approved, the Committee would be advised to apply a condition preventing any further structures being constructed under permitted development in line with Policy H15 in the Selby District Local Plan and that the existing structures may be subject to a retrospective planning application. The Planning Development Manager responded to a query on enforcement inspections to explain that Enforcement Officers are visiting sites in the District but that referrals are also received from Ward Councillors and interested parties prompting investigation.

It was proposed and seconded that the application be APPROVED against the Planning Project Officer’s recommendation subject to conditions reserved to the Head of Planning Services in consultation with the Chair and Vice-Chair of Planning Committee. A vote was taken on the Proposal and was carried.

RESOLVED:

That the application be APPROVED subject to conditions reserved to the Head of Planning Services in consultation with the Chair and Vice-Chair of Planning Committee.