Erection of 2 no. detached bungalows
Minutes:
Consideration was given to the report submitted in relation to the above application, a copy of which had been circulated.
The Principal Planning Officer gave a detailed presentation on the main issues outlined in the report which included photographs of the site. Members had visited the site that day and were familiar with the location and setting.
The Officer advised that since the report had been circulated 2 additional letters of objection had been received which raised no new issues to those already submitted. Members were also advised that the reference in the report to Section 38 of the Commons Act 2006 related to works on common land and should therefore be disregarded. Village greens were afforded protection in accordance with the Commons Act 1876 and the Inclosure Act 1857, as detailed in the report.
K Ryder the applicant’s agent provided a plan of the area before it was registered village green which showed terraced housing and the road over which the applicants had a right of access. He had been informed by a former resident of Witton Park that the road, although not adopted, had been used and repaired in the 1980s to allow vehicles to gain access to the site. The road still existed and was of a suitable standard to serve 2 dwellings.
He made reference to planning policy and the NPPF which set out a presumption in favour of sustainable development. He also referred to the Localism Act 2011 which provided local people with powers to make decisions on development in their local community.
The applicants had lived in Witton Park all their lives and needed a specially adapted bungalow to meet Mr Robson’s health needs. This site was not isolated in open countryside and an application had been approved for houses to the south west of the site which included a retail unit. The development would consolidate the area and was close to amenities.
Members were advised that whilst the NPPF set out a presumption in favour of sustainable development, in terms of implementation it did not change the statutory status of the development plan as the starting point for determining planning applications. The Committee was also advised that until the RSS was abolished the provisions of the Localism Act 2011 could not be a consideration in planning terms.
The Principal Planning Officer advised that Members had viewed the condition of the existing access and any works to bring it to the required standard would contravene village green legislation and cause a safety risk to users of the green. He confirmed that Members had been minded to approve an application in 2010 for a scheme for the development of 31 dwellings and a retail unit to the south west of the site. This development offered affordable housing, was of community benefit and access would be to the north of the site. The application originally included the site for 2 bungalows but this had now been excluded.
The Highways Officer confirmed that in its current state the access road was not adequate to serve 2 dwellings. There was no evidence to confirm what surface was beneath the grass and as part of the village green it would not be possible to undertake any improvements to bring the route up to a suitable standard. The proposals were therefore unacceptable in highway terms.
In discussing the application the Committee considered that a key issue was the need to cross the village green to access the properties. Whilst the applicant had a right of access, the road was unsuitable to serve 2 dwellings and any works would be in contravention of village green legislation.
Whilst the plan circulated by the applicant’s agent showed rows of terraces and the access road, this was many years ago, and although the area had only been registered recently, the land had been used for recreational purposes for at least 20 years. Members also noted that the application was outside the settlement limits of Witton Park.
RESOLVED
That the application be refused for the reasons outlined in the report.