Agenda item

Report No: DEV/WS/23/014

Householder planning application - replacement wall to front elevation

(Councillor Susan Glossop declared, in the interest of openness and transparency, that she lived close by to the application site and knew the family in question. Furthermore, she advised the meeting that she had registered to speak on the item as Ward Member but would take no part in the debate or subsequent vote.)

Householder planning application - replacement wall to front elevation

This application was referred to the Development Control Committee following consideration by the Delegation Panel on 18 April 2023.

The Parish Council had made comments in support of the proposal which was contrary to the Officer’s recommendation for refusal, for the reason set out in Paragraph 40 of Report No DEV/WS/23/014.

As part of her presentation to the meeting the Planning Officer showed videos of the site by way of a virtual site visit and reminded the Committee that whilst the application was retrospective in nature, the application should be determined in the usual way having regard to planning policy and any other material considerations.

Speakers:    David Banbury (neighbouring resident) spoke in support of the application

                   Councillor Andrew Speed (Chair of Flempton Parish Council) spoke in support of the application

                   Councillor Susan Glossop (Ward Member: Risby) spoke on the application

                   Charlotte Partridge (applicant) spoke in support of the application

Considerable discussion took place on the application and the related enforcement process.

Whilst some Members considered the current wall to be an improvement on that which was there previously, others on the Committee highlighted the responsibility of the homeowner to be aware of the legal process when owning a Listed Building.

The Service Manager (Planning – Development) explained that it was believed that the property had an original wall but it was not known precisely when that wall was demolished. A second wall was then constructed and remained in situ for approximately 70 years. In 1983 the property in question was formally listed as a Listed Building and the wall seeking retrospective approval was built in 2019.

Irrespective of the current wall in comparison to the previous (intermediate wall), the Committee were reminded of their need to determine the application before them in line with current Policy.

Members were also reminded of the Council’s statutory duty to determine planning applications in line with Material Planning Considerations and statutory duties relating to listed buildings and conservation areas.

Several of the Committee posed questions as to whether a compromise could be reached and if further remedial works could be carried out to the wall in order to make it more in-keeping e.g. the addition of coping and lichen.

Accordingly, Councillor Roger Dicker proposed that consideration of the application be deferred. In order to allow additional time for negotiations to take place between the applicant and the Planning Authority together with the Council’s Conservation Officer. This was duly seconded by Councillor Rachel Hood.

In response to a question, the Service Manager (Planning – Development) confirmed that any action relating to the extant enforcement notice would be held in abeyance, if Members were minded to defer the application.

Upon being put to the vote and with 13 voting for the motion, 2 against and with 1 abstention, it was resolved that

Decision

Consideration of the application be DEFERRED in order to allow additional time for negotiations to take place between the applicant and the Planning Authority together with the Council’s Conservation Officer.

(Councillor Andy Neal left the meeting at 12.50pm on conclusion of this item.)