Meeting documents

Proposal: Application to discharge a Section 52 agreement dated 3rd November 1978 between Yeovil District Council and Chetwyn James Hewlett-Parker, Margaret Hewlett-Parker, Christopher Black and Frances Ruby Blake to dispose of land owned separately from remainder

The Planning Officer asked Members to consider whether the Section 52 agreement still served a useful planning purpose.  He advised that although planning permission was not required to change the use of the house, it tied the ownership of the two properties to a single owner.  Therefore, Westerfield House had control of who were the tenants of the cottage and could control the overlooking of their property from the cottage.  He confirmed his recommendation to refuse the application.

Mr J Wratten, Agent for the applicant, confirmed that the cottage had been occupied as a separate dwelling for 22 years.  He said it was a good sized dwelling with a garden and parking facilities.  He acknowledged there was limited overlooking but he said the side elevation was not the principle elevation.  He asked that Members approve the discharge of the agreement.

One of the Ward Member, Councillor Crispin Raikes, apologised for referring the application to the Committee.  He said if someone wished to purchase the house then they would accept the degree of overlooking from the cottage.  He recommended that the request to discharge the Section 52 agreement be agreed as it was no longer relevant.

The other Ward Member, Councillor Adam Dance, agreed with his fellow Ward Members and seconded his proposal to discharge the Section 52 agreement. 

During a brief discussion Members noted that the cottage could be sold if the proposal was agreed but the occupiers of the cottage would continue to use the existing access.

The proposal to discharge the Section 52 agreement, having being proposed and seconded was put to the vote and unanimously agreed (voting: unanimous in favour).

(Voting: Unanimous)