(Retrospective) change of use of land to residential curtilage. Retention of garden room, decking, timber stairs  and steps.

The application was refused in accordance with the Case Officer’s recommendation.

((Retrospective) change of use of land to residential curtilage. Retention of garden room, decking, timber stairs and steps.)

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mr P Smith, the applicant’s agent, spoke in support of the application.

In accordance with the Council’s Constitution, the local ward member, Councillor TL Bowes, spoke on the application.

She made the following principal comments:

·        The applicants regretted the application was retrospective.  They had taken legal advice which had proved incorrect. They were willing to compromise.

·        A number of adjacent properties had carried out works.  However, they now had mature gardens.  The scheme under consideration, as a new development, appeared somewhat bare.

·        There had been 13 letters in support of the application.  The development would blend in.  The site had been a wilderness.

·        There was a visual impact but it was unclear how many were affected by it and how much that impact would reduce over time.

·        A mistake had been made but there was scope for a compromise.

In the Committee’s discussion of the application the following principal points were made:

·        A similar application on land further along the banks of the River Wye had been refused in 2004 and dismissed at appeal.

·        The land alongside the river bank was known for its wildlife and ecological importance.  It had been well understood that it could not be developed.

·        The application would not have been approved had it been submitted in the normal course of events.  Regard had to be had to the special status of the River Wye Special Area of Conservation.

·        There were objections from Natural England, the Conservation Manager (landscape) and the Conservation Manager (Ecology).

The Senior Planning Officer confirmed that there were no permitted development rights for the site; it was not part of the garden curtilage.

The local ward member was given the opportunity to close the debate.  She had no further comment.

RESOLVED: That planning permission be refused for the following reason:

1.         By virtue of their siting, scale and design, the decking, garden room and associated staircases/steps appear as intrusive, prominent and incongruous structures on the bankside, adversely affecting the character and amenity of the landscape, contrary to policies SS6 and LD1 of the Herefordshire Local Plan – Core Strategy.

Informative:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations and identifying matters of concern with the proposal.  The applicants have been given the opportunity to address the issues raised where possible.  However, the issue of landscape impact is fundamental and it is considered not to be possible to negotiate a satisfactory way forward due to the harm which has been clearly identified within the Committee Report and the reason for the refusal.  Approval of the scheme is not possible.