Agenda item

The Chairman introduced the next application of the meeting, planning application number 144418, to convert barn into dwelling being removal of condition 4 of planning permission 98/P/0752 granted 24 November 1998 - occupancy condition, at Skittlestone Cottage, Front Street, Normanby By Spital, Market Rasen. The Officer informed Members that there were no updates, and that gave a short presentation on the application, explaining that this application was to remove the occupancy condition.

The Chairman explained that there was one statement submitted from the applicant to be read aloud by the Democratic Services Officer, with the statement from Adele Morris. The following statement was read.

“Dear WLDC Planning Committee. As I currently live in South Africa, I am unable to attend your committee meeting therefore I would like to make a personal statement.”

“Health & financial implications regarding my planning application.”

“As I have not received any response to my complaints regarding the separate sale of The Old Beer House & The Beer Barn, I assume nothing has been done regarding this breach of the same planning condition as mine. This sets a precedence for my application.”

“As per my comments on Page 5 of my complaint (see attached) regarding WLDC’s Enforcement Action statement: ‘Local Planning Authorities should, where relevant, have regard to the potential impact on the health, housing needs and welfare of those affected by the proposed action…”

“I wish to highlight my personal circumstances and health issues as WLDC have deemed this an appropriate subject which may influence their Planning Department decisions. I have been unable to sell them together for 7 years under the current restriction despite five different buyers trying to purchase them but were unable to proceed due to the restriction.”

“I have not lived there since 2014 & they have suffered considerable decay due to a company illegally letting them to tenants when the company reneged on our contract and ceased paying the mortgage & refused to make repairs for the damage caused by their tenants.”

“I have cashed in my pension to pay for the refurbishment and cleaning of both properties in order to market them for sale – yet again. Due to the tenants actions, I have had a number of County Court Judgements place against my name which I discovered after I emigrated. This has had a great impact on my ability to raise any finance for further repairs.”

“I am unable to pay: the mortgage, the debts raised by the illegal tenants & my properties have been broken into by bailiffs looking for the tenants. I am disabled & have been unable to work since 2017. I have: Chronic widespread pain syndrome (fibromyalgia); Chronic fatigue syndrome; Chronic irritable bowel syndrome; Chronic mild cognitive dysfunction; Depression - hugely exacerbated by this ongoing situation.”

“Since I emigrated, I have been diagnosed with the following: Scoliosis - causing constant back pain; Brittle bone disease - causes bones to break without specific cause. Since October 2021, a chiropractor crushed a vertebrae in my spine. I have to wear a back brace the majority of the time. I broke my right wrist in a fall then several toes simply from stubbing my foot.”

“Had I remained in the UK, I would be able to claim disability benefit, housing benefit, etc but I am unable to receive any form of benefit and am totally reliant on my husband despite never being unemployed or claiming benefits in the last 56 years. The sale of my property represents the only income I am able to receive until I claim my state pension. I do not now have a financially secure future.”

“My properties represent my entire future financial security which will have to support me until I die. However, my application to separate my properties is NOT financially driven. I am currently at risk of having my properties repossessed unless sold within the next two months.”

“Further delay will result in the properties becoming derelict and therefore a financial burden to WLDC and a complete eyesore within an otherwise beautiful village affecting house prices nearby.”

“All estate agents have advised my properties will sell as separate units much more easily than together, see Pygott & Crones statement. If sold separately, both properties represent affordable housing for young families wanting to move to the village. My properties will be sold by auction within a month of your decision.”

“Each property has always been separately served for electric, water & oil. I have paid separate Council Tax on each property since 2005 & a further double Council Tax fine for an ‘empty property’ since I separated from my first husband in 2010 - as ‘I can’t live in both properties at once - if I live alone’.”

“Each has its own Land Registry number & details – See attached. Should you have any queries at all regarding my application please don’t hesitate to contact me.”

The Chairman thanked the Democratic Services Officer for reading the statement and invited the Local Ward Member Councillor Jeff Summers to address the Committee.

The Member noted that he had been a long-time advocate for the area and fully sympathised with the applicant, expressing feelings that the statement reflected an honest assessment of the applicant. He remarked that the applicant was losing money due to the properties being empty and the shocking state of disrepair caused by tenants. Having experience with the area, the Member commented that there could be some possibility of using net curtains to increase the privacy between the two properties and other properties surrounding the proposed application site. 

The Member then commented that the access and egress were similar to other granted applications by West Lindsey District Council, with thousands already built. The Member expressed that the Parish Council supported the application and that the concerns about LP26 were more about new build properties. He concluded that there was enough distance separating the relevant properties for privacy reasons and the possibility of using net curtains to increase privacy.

Note:            Councillor J. Summers stepped down from the Committee for the rest of this item and left the Council Chamber at 7.49 pm.

The Chairman then invited the Development Management Team Leader to respond. The Officer stated that the damaged properties from previous tenants, were for a civil matter and that the personal circumstances surrounding the applicant were not a material consideration. The applicant is responsible for maintaining the property. The Officer then advised that with it dismissed at appeal and previously refused twice, and having been through 3 different local plans, there was still a concern about the amenity in the application. The separation between the windows was around 9.5m, less than the 21-metre general rule for residential properties.

Debate ensued, and Members discussed the application size and addressed some of the applicant’s comments. Though there was sympathy for the applicant’s situation, there was an agreement with the Planning Inspector’s report when the application was last refused, and that there was a lack of amenity with the properties. There were also multiple comments that the properties would have been shoe-horned into the space available.

Having been moved and seconded, the Chairman took the vote and, with a unanimous vote, it was agreed that planning permission, as detailed in the Officer’s recommendation, be REFUSED.

Note:            Councillor J. Summers returned to the Council Chamber at 7.57 pm.