Agenda item

The Chairman introduced the next item, application number 145222, for change of use of open grassed land to domestic garden land, on land west of 19 Waggoners Close, Scotter, Gainsborough. The Officer gave no updates, and conducted a short presentation on the application.

 

The Chairman advised that there were three registered statements, and invited the first statement, from Scotter Parish Council, to be read aloud by the Democratic and Civic Officer. The following statement was read aloud.

 

“The site plan for the development clearly shows this area was designated to add amenity value to the development in line with NPPF. It is the Parish Council opinion that any change of use for the land would not be in line with the Central Lincolnshire Local Plan policies LP23, LP12 and LP9 and would create a permanent loss of amenity for residents. The area noted in the application is noted as open grass land, the area is not open as it should be and the Parish Council would encourage WLDC to take enforcement action to have the hedges removed or lowered to no more than 30cm height and access allowed to the area for the benefit of residents.

 

The application is incorrect as it states no trees or hedges are on the area, which is clearly not the case. From the evidence produced by other comments on this application it is clear the planning system has failed on more than one occasion to the detriment of the residents of Waggoners Close. The Parish Council would encourage WLDC to pursue the purchase of this land as previously investigated and open conversations with the Parish Council to adopt it for future maintenance and preservation.”

 

The Chairman thanked the Officer for reading the statement, and invited the next registered speaker, Jon Bayley, the agent for the application, to address the Committee.

 

In his statement, the speaker expressed a particular interest in the application's attention and hoped his statement would clarify the differing planning, historical, and legal aspects of the application. He stated that the site was not designated as a Local Green space, a protected open space under the same local plan, or the Scotter Neighbourhood Plan and that the site was not publicly accessible.

 

The speaker explained that this was one area of land under the applicant's ownership, which was maintained. Members heard that the land was identified initially as open space under the original planning approvals for broader development but was not formally adopted and that legal statements confirmed that it was not for public use but would benefit the public visual amenity.

 

The speaker stated that the original agreed plan formed part of the full site landscaping scheme covered by condition on the previous original planning applications. This was not yet formally implemented, nor was the variation in the initially approved landscaping, and the planted trees were relatively minor.

 

The speaker said that the sites still include some trees, a grassed area and hedging, and clarified that in the 12 years of maintenance, the applicant had started planting native hedges and fruit trees, improving the biodiversity and visual amenity without concern.

 

The statement progressed to say that the landscaping was well established, offered ecological benefits and was considered a vital quality of an otherwise dense, hard, landscaped development. The speaker stated that the application should be viewed to formally confirm the classification of this piece of land as domestic land to allow it to be incorporated under a single Land Registry title plan of 19 Waggoners Close. The speaker concluded that there was no argument for the proposed conditions.

 

The Chairman thanked the speaker for his statement and invited the final speaker, Janet Evans, an objector, to address the Committee.

 

In her statement, the speaker spoke on behalf of herself and a fellow objector, hoping the Members had read the case report. She referenced that the application was based on the 2003 issued reserved matters and the site's long history. The speaker referenced four similar estates in Scotter and that Waggoners Close was the odd one out as it did not have a public open space and one that the Parish Council had designated.

 

The speaker then referenced comments from a previous senior officer at West Lindsey District Council, which asserted that the space was designated as open space. However, the District Council did not implement any mechanisms to ensure that it was transferred to the parish council or West Lindsey from the developer as a public space.

 

The statement progressed to discuss the case report and referenced the reserved matters. Although the site was earmarked to be public, open space and publicly accessible through the granting of outline planning, permission and reserved matters, the approvals did not successfully control or secure this. It was also never fully implemented.

 

The speaker explained that a similar case in Fenton was too different due to the Section 106 agreement and the Parish Council owning the land for its eventual granting via appeal to apply.

 

Discussing this appeal, the speaker stated that West Lindsey District Council, in the first instance, refused the granting, which the Authority said that although it was an open space, it was not to be used for garden use. The speaker moved to the specific design, stating that the height of the hedge was discussed, and the report noted a reduction in the height of 0.25 metres. The speaker then discussed the applicant's removal of the internal board fence and the possibility of privacy concerns in looking over the applicant's garden.

 

The speaker concluded her statement that there were 11 objections out of the 29 residents on Waggoners Close and asserted that enhancing one individual on Waggoners Close would be to the detriment of the 29 individuals.

 

The Chairman thanked the speaker for her statement and invited a response from the Planning Officer. In her response, the Officer clarified that the allocation of the land and the policies indicated by the Parish Council could be found in LP 23 regarding local green space and other important open spaces in the Local Plan. This site was a designated local green space.

 

The Officer explained that LP 23 was not engaged in this instance, as there was a history of development, and that it can be classed as an open landscape area for the area's visual amenity only. The Chairman then invited comments from Members of the Committee.

 

Members brought up many issues, including the set-up of the application site, the initial perception of what the land was to be, and the need for action and record-keeping for designating the site in the Neighbourhood Development Plan. Comments were also made about other Neighbourhood Development Plans incorporating similar land and ownership of the land.

 

Responding to a comment about the open space and hedgerow, the original scheme that was approved did have a partial hedgerow around the site, but by a 1-metre hedge.

 

In response to a set of queries about the land ownership, Members heard that there likely was no title plan with HM Land Registry and that this application was intended to allow it to be registered in the same ownership. The Legal Advisor explained that it was likely that the site had been maintained for 12 years and wanted the plot registered under a conjoined title and to make it one plot.

 

Having been proposed and seconded, the Chairman took the vote and it was agreed that permission be GRANTED subject to the following conditions:

 

Conditions stating the time by which the development must be commenced:

 

1. The change of use hereby permitted must take place before the expiration of three years from the date of this permission.

 

Reason: To conform with Section 91 (1) of the Town and Country Planning Act as (as amended).

 

Conditions which apply or require matters to be agreed before the development commenced:

 

None.

 

Conditions which apply or are to be observed during the course of the development:

 

2. Within three months of the garden land hereby permitted first being brought into use, the height of the hawthorn hedge running along the North West boundary of the site and adjacent to the footpath along Waggoners Close as shown on drawing No 1453.100A shall be reduced to 1.5 meters above the existing ground level and retained/maintained as such thereafter.

 

Reason: To ensure the height of the hedge is reduced as part of the change of use of the land and the site will appropriately contribute to the character and amenity of the area in accordance with Policies LP17, LP26 of the Central Lincolnshire Local Plan, Policy 5 of the Neighbourhood Plan and guidance within the NPPF.

 

3. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings:

1453.100 - Site and Site Location Plan received 12 July 2022

1453.100A - Landscaping Plan

The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

 

Reason: To ensure the development proceeds in accordance with the approved plans and to accord with Policy LP1 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or relate to matters which are to be observed following completion of the development:

 

4. The trees shown on Plan No: 1453.100A shall be retained and maintained in perpetuity and any which within a period of 5 years from the change of use taking place, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

 

Reason: To ensure that the existing landscaping scheme is retained and that any losses are overcome, to ensure the landscape space appropriately contributes to character and visual amenity of the area in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan and Policy D5 of the Neighbourhood Plan and guidance within the NPPF.

 

5. Notwithstanding the provisions of Classes A, E, and F of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015 (as amended), or any Order revoking and reenacting that Order, no extensions, buildings or structures shall be erected or hard surfaces installed within the curtilage of the dwelling unless planning permission has first been granted by the Local Planning Authority.

 

Reason: To enable any such proposals to be assessed and ensure the landscape space appropriately contributes to character and visual amenity of the area in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan and Policy D5 of the Neighbourhood Plan and guidance within the NPPF.

 

6. Notwithstanding the provisions of Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) (Amendments) Order 2015 as amended, or any Order revoking and re-enacting that Order, no gates, walls, fences, other means of enclosure or fuel storage containers shall be erected within the curtilage of the dwelling unless planning permission has first been granted by the Local Planning Authority.

 

Reason: To enable any such proposal to be assessed and ensure the landscape space appropriately contributes to character and visual amenity of the area in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan and Policy D5 of the Neighbourhood Plan and guidance within the NPPF.

 

7. Notwithstanding the provisions of Schedule 2 Part 2 Class B of the Town and Country Planning (General Permitted Development) (Amendments) Order 2015 as amended, or any Order revoking and re-enacting that Order, no formation, layout out and construction of a means of access from the site to a highway shall be carried out unless planning permission has first been granted by the Local Planning Authority.

 

Reason: To enable any such proposal to be assessed and ensure the landscape space appropriately contributes to character and visual amenity of the area in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan and Policy D5 of the Neighbourhood Plan and guidance within the NPPF.