Agenda item

Report No: DEV/WS/22/051

Planning application - a. change of use of land to domestic garden b. all weather tennis court with associated fencing

Planning application - a. change of use of land to domestic garden b. all weather tennis court with associated fencing

This application was referred to the Development Control Committee following consideration by the Delegation Panel.

A Member site visit was held prior to the meeting. The Planning Officer also showed videos of the site by way of a virtual ‘site visit’.

Hargrave Parish Council had voiced support for the proposal, which was contrary to the Officer’s recommendation of refusal for the reasons set out in Paragraph 22 of Report No DEV/WS/22/051.

Speakers:    Councillor Mike Chester (Ward Member: Chedburgh and Chevington) spoke in support of the application

                   Phil Cobbold (agent) spoke in support of the application

                   (Councillor Chester was not in attendance to personally address the Committee and, instead, the Democratic Services Officer read out a pre-prepared statement on his behalf.)

Councillor Peter Stevens spoke in support of the application and proposed that it be approved, contrary to the Officer recommendation, as he did not consider that the scheme would have a detrimental impact on the views in/out of Hargrave and it was therefore not in conflict with Policies HAR6 and HAR10. This was duly seconded by Councillor David Nettleton.

The Service Manager (Planning – Development) advised that the Decision Making Protocol would not be invoked in this instance as the impact on the distinct key views was a subjective consideration.

Councillor John Burns drew attention to the Parish Council’s comments in respect of lighting and asked that this was picked up within the conditions.

Likewise, other Members made comment on the fencing within the proposal and they were advised that a further condition could be added for the Planning Authority to request fencing details.

The Chair then invited the Planning Officer to outline a list of conditions that could be appended to a permission, if granted.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED, CONTARY TO THE OFFICER RECOMMENDATION subject to the following conditions:

1. Time limit

The development hereby permitted shall be commenced no later than 3 years from the date of this permission.

2. Approved plans

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents:.

3.   Soft landscaping

No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation. The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

4.   Removal of PD rights (outbuildings)

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending, revoking or re-enacting that Order), no structures shall be erected within the curtilage of the dwelling.

5.   Details of fencing

No development above slab level shall take place until details of the proposed fencing have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

6.   Lighting

No external lighting associated with the approved tennis courts shall be provided on the application site unless details thereof have first been submitted to and approved in writing by the Local Planning Authority.