Agenda item

To consider an application for change of use from land in the open countryside to residential garden.

Application for change of use from land in the open countryside to residential garden.

The Officer’s Report stated that this application had been referred to the Planning Committee as it was a departure from the Local Plan. The Recommendation was for approval.

The Report continued that the Development Limit of Coleford lay along the existing southern boundary of the curtilage of the property and therefore the application site lay outside of the development limits of Coleford.

Coleford Parish Council had originally objected to the application as they misunderstood the requirement for the applicant to complete a bio-diversity checklist. They subsequently withdrew the objection. There had been no letters of support or objection from local residents.

In conclusion, the Officer’s Report said that, although the development would be outside development limits, it would abut the existing residential property and would provide garden similar in size to neighbouring properties. The proposed use was not considered to have a detrimental impact on the adjoining land uses or ecological habitat and was therefore recommended that planning permission be granted as a departure from the development plan, subject to conditions.

The Planning Officer explained the application to the Committee with the aid of a PowerPoint presentation. She also advised that she was minded to amend condition 3 which related to hard and soft landscaping, as the applicant had submitted a more organic plan. Also, there was a contractual covenant which meant the fencing must be open to allow for wildlife.

The applicant was then invited to address the Committee. He made the following comments:

·        The proposed boundary of the garden would align with the neighbour’s garden boundary.

·        The land is totally hidden from road and is only visible from neighbouring properties.

·        The intention is to protect the current view and land from being developed. It was an old hay meadow and intend to introduce a water meadow.

·        Intend to further conserve and protect existing wildlife.

In the discussion which followed, Councillor Barry Clarke, although a little concerned that the field would be turned into a water meadow, proposed that the application be approved in accordance with the Officer’s Recommendation outlined in the Report, but with delegation to the Planning Officers to amend Condition 3. This was seconded by Councillor Susannah Hart.

One Member wished to add an additional reason given to Condition 4 regarding the removal of permitted development rights to include the words “bio-diversity loss,”. There was discussion as to whether this was necessary. Councillor Helen Kay proposed an amendment to the substantive motion to add these additional words and this was seconded by Councillor Michael Dunk. On being put to the vote the amendment was carried by 5 votes to 4, with 2 abstentions.

The substantive motion was then put to the vote to approve the application in accordance with the Officer’s Recommendation with the additional wording “biodiversity loss,” in the reasons for Condition 4. This was carried unanimously.

RESOLVED

That planning application 2023/0431/FUL be approved in accordance with the Officer’s Recommendation but subject to the addition of the words “biodiversity loss,” to the reasons for imposing Condition 4 and with delegated authority to the Planning Officers to amend Condition 3.