Agenda item

To consider an application for the change of use of land to to residential (C3 use class) to extend residential garden curtilage, erection of annexe and car port, and alterations to main dwelling (retrospective).

That planning application 2023/1390/FUL be APPROVED in accordance with the Officer’s recommendation.

Votes – 7 in favour, 3 abstentions

Application for the change of use of land to residential: extend garden, annexe, car port and alterations to main dwelling (retrospective).

The Officer’s Report stated that the application had been referred to the Committee as it represented a departure from the Planning Policy as the application was for a change of use of land outside the development limits.

The Report continued that The Wrangles was a detached property set in open countryside and it was a retrospective application. The site lay within the Mendip Hills AONB now referred to as a National Landscape.

Chewton Mendip Parish Council had recommended refusal and there had been 2 objections from local residents relating to the principle of use and residential amenity.

The Officer’s Report advised that the overall development to the principal dwelling was completed and proposed retrospectively by this application had been assessed against the policies of the adopted Local Plan and were considered acceptable. Whilst the extension to the residential /garden curtilage and the delivery of the ancillary building included a change of use of land, the existing lawful use of which was an agricultural use, the scope and extent of this was limited.

Taken as a whole, the application had no unacceptable adverse impact upon the landscape, adjoining land uses, or the amenity of occupants of neighbouring properties. On this basis, the application was considered to represent a sustainable form of development and it was therefore recommended that planning permission be granted, including for the element of the proposal that represented a departure from the development plan.

The Planning Officer explained the application to the Committee with the aid of a PowerPoint presentation.

The Committee was then addressed by an objector to the application. Their comments included:

• She was speaking on behalf of a neighbour of the development site.
• The site was highly sensitive in open countryside in an AONB, which was the most protected landscape designation.
• What had been built involved 18 breaches of planning control including a larger main building, more roof lights, a separate annex with its own curtilage taken from agricultural land and a large carport.
• There has been clear abuse of the system by the applicant who has had a bold disregard for the planning system.

The next speaker was the applicant’s agent who made the following points:

• The owners were keen to regularise the situation by making this application for retrospective planning permission and change of use.
• The building had been completed to a high standard.
• The outbuildings did not have a detrimental effect on the National Landscape and the expansion was in alignment with the neighbouring property.
• There was no overlooking so no loss of residential amenity to the neighbouring property.
• Appreciates some differences to what was previously approved, however, the changes were considered good practice and had not caused any harm to the National Landscape.

In the discussion which followed, Members made a number of comments including the following:

• Concerns regarding the effect of the additional rooflights on the dark skies and National Landscape.
• Not happy that the application was for retrospective Planning Permission, particularly as it was within a National Landscape.
• Could a condition be added to restrict the use of the annexe?
• Could a condition be added to ensure the sky lights had blinds.

In response to the comments made, Planning Officers advised the following:

• Members needed to consider the planning merits of what is before them and whether the current scheme and drawings were appropriate. The fact that it was retrospective should not be a consideration.
• It was standard practice for an annexe to be listed as being for ancillary purposes and condition 6 prevented it from being occupied as a separate unit.
• The two extra sky lights were not considered to be adverse to the National Landscape.
• Unable to condition the use of blinds on the sky lights although applicants are usually happy to do so.

At the conclusion of the debate, it was proposed by Councillor Dawn Denton and seconded by Councillor Philip Ham to approve the application in accordance with the Officer’s recommendation.

On being put to the vote the proposal was carried with 7 votes in favour and 3 abstentions.

RESOLVED

That planning application 2023/1390/FUL for the change of use of land to residential: extend garden, annexe, car port and alterations to main dwelling (retrospective) atThe Wrangles, Bristol Road, Green Ore, Wellsbe APPROVED in accordance with the Officer’s recommendation.

Voting – 7 in favour with 3 abstentions