APPEALS AGAINST PLANNING DECISIONS AND ENFORCEMENT ACTION TOWN AND COUNTRY PLANNING ACT 1990

Transcription

1 APPEALS AGAINST PLANNING DECISIONS AND ENFORCEMENT ACTION TOWN AND COUNTRY PLANNING ACT 1990 This item is intended to update Members on appeals against planning decisions and enforcement action. Information is provided on appeals lodged, proposed hearing and inquiry dates, appeal decisions and when appropriate, details of recent cases in interest. 1. Decisions Notified By The Secretary of State 2. Summaries of recent decisions of interest 3. Appeals received 4. Local Inquiry and Informal Hearing dates scheduled before the next meeting on 3 December Decisions Notified By The Secretary of State Ref. No. Details Decision and Date S/2419/02/F Upware Marina Dismissed 9 Waterbeach Road 12/09/2003 Landbeach Erection of 2 dwellings following demolition of existing Bungalow S/0147/03/CAC Upware Marina Dismissed 9 Waterbeach Road 12/09/2003 Landbeach Total demolition of existing dwelling S/1890/02/O Mr & Mrs A Boorman Dismissed R/o 11 Cambridge Road 18/09/2003 Coton Dwelling S/0513/03/F Diana Goodhart Allowed Oak Cottage, Burnt Close 23/09/2003 Grantchester House (amended design) S/1977/02/F Mr & Mrs D Masters Dismissed 1 Spurgeons Close 30/09/2003

2 Teversham Extension S/0436/02/F City & Country Residential Ltd Dismissed Park House, High Street 01/10/2003 Harston 2 Dwellings & access S/1911/01/O G Rose Dismissed Adj 5 High Street 02/10/2003 Rampton Residential Development (8 dwellings) CALLED IN BY SEC OF STATE (Officer Recommendation to Refuse) S/2234/02/O Foregreen Developments Ltd Dismissed Land off Gibson Close 03/10/2003 Waterbeach Residential Development (Non-Determination) S/0588/03/F Cambridge Community Church Dismissed The Beaumont Steel Building, 51 Pembroke Avenue 09/10/2003 Waterbeach Change of use from warehouse to use for public worship, assembly and leisure (classes D1 & D2) (Officer Recommendation to Approve) S/0054/03/F Mr C O'Malley Dismissed Sunnyside, Haverhill Road 13/10/2003 Castle Camps Replacement dwelling & triple garage (Non-Determination) E 460 Mr Boswell Allowed Land Off Water Lane 14/10/2003 Enforcement against change of use for residential caravans S/1173/01/F E W Pepper Ltd Allowed Bury Lane Fruit Farm 16/10/2003 Melbourn Change of use of agricultural packhouse to retail use (class A1) (Officer Recommendation to Approve)

3 2. Summaries of recent decisions of interest Mr G Rose Outline application for eight dwellings - Land next to 5 High Street, Rampton S/1911/01/O Application refused This application proposed the redevelopment of a redundant farmyard in the village and the erection of 8 dwellings. The application was considered in December 2001 when Members resolved that while the proposal was contrary to existing and proposed settlement policies, this was an opportunity to make best use of a redundant farmyard and provide local needs housing if this was found to be required. Following the completion of a local housing needs survey, the application was amended to include four affordable units. As the application was a departure, it was referred to the government office. The Secretary of State subsequently called in the application in December A public inquiry was held in June The inspector recommended that planning permission be refused and the Secretary of State has agreed with this recommendation. The application was considered against five main criteria. These were as follows: Rampton is an infill-only village. Residential development will normally be limited to not more than two dwellings. The emerging plan exceptionally allows for development on a larger scale if it would lead to the sustainable recycling of a brownfield site bringing positive overall benefit to the village. The land, however, is not brownfield land as defined in government guidance and the proposal is therefore contrary to development plan policies. The development of the site for housing runs contrary to the sequential test for identifying housing sites, as set out in PPG3. The proposed density of 26.7 dph fell below the recommended threshold of 30 dph and does not therefore make the most efficient use of land. The development would have little positive impact on, or benefit to, local services. The proposal would not lead to a more sustainable and concentrated level of development as required by regional planning guidance (RPG6). The village has a poor range of facilities and is not well served by public transport. This would not be a sustainable development and occupants would be highly dependent on the private car. It would be premature to consider that the proposed new settlement at Northstowe will significantly improve services and public transport for the village. The housing needs survey should not be taken as indicating support for the proposal. While there is a proven need for affordable housing, this does not mean that these needs should be met in Rampton as opposed to which is a much more sustainable location for housing. In any event, the survey did not justify a mixed general market/affordable housing scheme on a site which would not generally be released for housing development. The decision to develop Hope Farm Close some years ago is immaterial as it predates current government advice. The advantages of improving the attractiveness of the site do not outweigh the conflicts highlighted above. The proposal was therefore considered to be contrary to local development plans, regional planning guidance and national policies. The desire to provide affordable housing and make best use of the farmyard is of insufficient weight to justify the granting of planning permission. Comment: There are more than 50 infill villages in the District. This decision confirms that because of their low level of services and facilities, it will be extremely difficult to provide them with any affordable housing as part of schemes for general market housing.

4 Foregreen Developments Ltd Outline application for residential development Land off Gibson Close, Waterbeach S/2234/02/O Appeal Dismissed This appeal involves land that lies on the edge of, but outside, the village framework, between the village and the A10. The appellant had objected to the exclusion of the site from the village framework as part of the emerging Local Plan and following the inquiry, the inspector recommended that the site be included within the framework. He considered that the site performs no useful townscape or landscape function and that it should contribute to overall housing needs. The Council has not accepted this recommendation and the site remains outside the village framework. The appeal therefore sought to endorse the local plan inspector s recommendation by way of an outline planning permission. The appeal was considered by way of a hearing. The main issue was identified, as the effect the development of the site would have on the character and appearance of the surrounding area. The appeal inspector did not disagree that the visual qualities of the site are limited. She also accepted the appellant s claim that it was subject to fly-tipping and the surrounding public footpaths needs periodic clearance of litter. However, the Council s argument that the site provides an undeveloped green wedge coming into almost the heart of the village was also accepted. The site provides a semirural transition between the village and the countryside beyond is worthy of protection. This helps to retain the rural character of the local footpaths. The introduction of built form would be harmful to these rural attributes. The overgrown state of the site is not a sufficient reason to allow the development and with more judicious site management, the appearance of the site could be improved. Neither is the proximity of the site to local shops and services a telling factor in this instance. Local residents had been concerned about the access to the site. Amended drawings had been submitted on the advice of the highway authority and there was no evidence to substantiate any danger to vehicular or pedestrian safety. Comment: While the visual qualities of the site itself may be limited, the inspector acknowledged the contribution the site makes to the character and appearance of the area as a whole. The Council s long-standing stance on this was therefore justified. Mr A Boswell Use of land as gypsy caravan site Land known as Pine Lane, Smithey Fen, E460 Appeal allowed This enforcement appeal was the first of several appeals to be considered in respect of former agricultural land at Smithey Fen. The site is occupied by four separate families and includes a parking/amenity area. The appeal was heard by way of a public inquiry at which two of the appellants, but no other interested persons were present. The appeal was on the grounds that planning permission should be granted to retain the use. The inspector identified the main issues as the balance to be struck between the Council s land use objections (essentially the affect on the visual amenity of the area) and the need for gypsy caravan sites generally and the personal circumstances of the occupiers in particular. The inspector accepted the appellant s argument that the local authority has a duty to assess gypsy need and facilitate provision. The occupiers of the site should not be expected to prove they have any previous links with the area. The Council accepted there was a general unmet need for sites within the District. In assessing the impact of the use, the inspector found there is no material impact on the amenities of local residents. The development would lead to a concentration of sites but local plan policy did not make it clear what the purpose of avoiding concentration might be. The Parish Council was concerned that the influx of travellers at Smithey Fen will become unmanageable and place a serious burden on medical and educational services. The inspector found there was no indication from other sources that this is the case.

5 The inspector also concluded from his site visit that the site was not particularly visible and that the two authorised sites at Setchel Drove and Water Lane are already dominant elements in the landscape. The contribution that the site makes to the character and appearance of the area and the gap between these two sites is therefore minor. Neither was the inspector concerned that approval would lead to a precedent for other sites nearby. Each situation was likely, in practice, to be somewhat different. The more pitches allowed and the greater the concentration of sites that may arise, so the degree of harm caused would be greater. Any absolute shortfall in provision would also decrease and thus the balance to be struck may then be different. The individual needs of the families were also found to be significant. These included their Irish culture and customs; conflicts with English gypsies; their need to be associated with gypsies of their culture; health problems; and the educational needs of their children. Relocation would mean family support and education in particular would be severely disrupted. The occupiers have specific needs which could not easily be met easily on other sites elsewhere. As such, the degree of interference with their human rights would be severe. Relocation would be disproportionate when compared with the benefit to the public interest, namely the impact on the landscape. Planning permission was therefore granted subject to conditions including restriction of occupation to the existing occupants and their dependants only; limiting the number of caravans; the approval of works relating to landscaping, parking and turning facilities, drainage facilities and flood risk alleviation measures. Comment: This is clearly a disappointing decision given the situation at Smithey Fen. It also remains to be seen how this affects forthcoming appeal decisions on adjoining sites notwithstanding the inspector s reluctance to accept there should act as any form of precedent. 3. Appeals received Ref. No. Details Date S/2447/02/F Mr J Flynn 19/09/2003 6A Orchard Drive, Smithy Fen 1 Mobile Home, 1 touring caravan and day room S/2370/02/F J Culligan 19/09/ Orchard Drive, Smithy Fen Caravan & day room S/0424/03/F Mr W Willett 24/09/2003 Appletree Mobile Home Park, Histon Road Reorganization & extension to mobile home park and land adjoining Histon Road,. S/0496/03/O Underwood Farms Ltd 29/09/2003 Off Cantelupe Road Haslingfield

6 Stables tackroom & hay barn S/0567/03/F Mr & Mrs Larkin 25/09/2003 R/o 91 High Street (off Meadow Walk) Great Abington Bungalow S/0786/03/A Greene King Pub Company 01/10/2003 Blue Lion PH 2 Horningsea Road Fen Ditton Signs (Retrospective) S/0378/03/O Mr J G Christy 30/09/2003 Adj 27 Mill Lane Arrington Dwelling (Officer Recommendation to Refuse) S/0274/03/O Mr & Mrs Starr 10/10/ Station Road Harston Erection of 2 dwellings following demolition of existing S/0342/03/F Mr & Mrs D Harvey 14/10/ Woodlands Road Sawston Extension over garage. (Officer Recommendation to Refuse) S/0045/03/F Mr & Mrs Holmes 14/10/ Station Road Histon Garage/Store S/0392/03/F Mr & Mrs P Bridle 15/10/ North End Meldreth Extensions

7 S/0599/03/F Mrs E Mitcham 17/10/2003 Barn Farm, East Hatley Hatley Conversion of barn into dwelling and erection of garaging

8 4. Local Inquiry and Informal Hearing dates scheduled before the next meeting on 3 December 2003 Ref. No. Details Date/Time/Venue S/2437/02/F Martin Grant Homes Ltd 18/11/2003 Adj 5 & 18 Drake Way Impington Erection of 2 dwellings with associated garages Room 2 S/0960/03/F Martin Grant Homes Ltd 18/11/2003 Adj 5 & 18 Drake Way Impington Dwelling & garage Room 2 S/0063/03/F Mr & Mrs A Williams 19/11/2003 Adj Duke of Wellington, Alms Hill Bourn Bungalow & Garage Room 1 S/0156/03/O Mrs L Jarman 02/12/2003 Adj & r/o 2 Cross Lane Melbourn Bungalow & garage Room 2 S/1208/02/F Mr A Taylor 03/12/2003 Adj 6 Vicarage Close Melbourn House and garage Room 2 S/1285/03/F Mr A Taylor 03/12/2003 Adj 6 Vicarage Close Melbourn House and garage Room 2 5. Appeals withdrawn or postponed Ref. No. Details Reason and Date S/0272/03/F CMB Gamlingay Ltd Withdrawn The Maltings, Church Street By appellant Gamlingay 15/09/2003 House

9 S/0377/02/F Mr J Price Appeal Land off Water Lane Out of time 16/09/2003 Use of land as gypsy caravan site (6 pitches) 6. Advance notification of future Local Inquiry and Informal Hearing dates (subject to postponement or cancellation) Ref. No. Details Date S/1378/02/F Mr & Mrs Micklethwait and Mr & Mrs Rimmer 27/01/2004 R/o 21 & 23 Chuch Street Gamlingay Bungalow & garage S/1993/02/F Mr & Mrs Freeman & Mr & Mrs Aylward 28/01/2004 R/o 2 & 4 West Moor Avenue Sawston Dwelling S/1750/02/F Mrs S Garlick 03/02/2004 Charlwood Farm. Camps End Castle Camps Erection of a dwelling S/0407/03/O Cambridge Building Society 04/02/2004 R/o 37 High Street Sawston 4 flats S/0456/03/F Mr P O'Brien 10/02/ Pineview, Smithy Fen Siting of travellers caravan & day room. S/0457/03/F Mr J O'Brien 10/02/ Pineview, Smithy Fen Siting of travellers caravan & day room S/0529/03/F Mrs N Sheridan 10/02/ Pineview, Smithy Fen Siting of a travellers caravan

10 S/0530/03/F Mrs M Flynn 10/02/ Pineview, Smithy Fen Siting of a travellers caravan S/0545/03/F B O'Donoghue 10/02/ Pineview, Smithy Fen Siting of travellers mobile home, caravan and day room S/0569/03/F M O'Donoghue 10/02/ Pineview, Smithy Fen Siting of a travellers mobile home, caravan and day room S/0871/03/F Mr P Quilligan 10/02/ Pineview, Smithy Fen Siting of a travellers mobile home S/0872/03/F Mr D Quilligan 10/02/ Pineview, Smithy Fen Siting of travellers mobile home S/0873/03/F Jerimia O'Brien 10/02/ Pineview, Smithy Fen Siting of travellers mobile home E461C Mr P O'Brien 10/02/2004 Land off Water Lane Enforcement against change of use to residential caravan site S/2447/02/F Mr J Flynn 10/02/2004 6A Orchard Drive, Smithy Fen 1 Mobile Home, 1 touring caravan and day room S/2370/02/F J Culligan 10/02/ Orchard Drive, Smithy Fen Caravan & day room

11 S/0040/03/F Mrs Hedges 17/02/2004 Carefield, Button End Harston siting of 2 gypsy caravans and 1 mobile unit for 1 gypsy family S/0204/03/F Dr L Berman 24/02/ West Green Barrington Replacement dwelling S/1999/02/O Mr A Edgar 25/02/2004 Land North of The Beeches, 21 Green Lane Linton 4 Bungalows S/0609/03/F Hogger Homes Ltd 23/03/ Mill Road, R/o Mill Road, & R/o Highfield Road Impington Erection of 12 houses, 4 flats and garages following demolition of existing dwelling (15-17 Mill Road) S/6200/03/RM MCA Developments Ltd 24/03/2004 Land East of Monk Drive, Cambourne Construction of a multi use games area S/1935/02/F Mr & Mrs M A G Francis 20/04/2004 Adj The Old Police Station Fowlmere House S/1127/03/F J Jefford 27/04/2004 The Bungalow, Long Drove Waterbeach Retention of building and use as store and security office together with boundary screening to existing scrap yard. S/1310/03/O Mr P Harris 06/04/2004 Adj Greenacre, Chapel Road, Weston Green Weston Colville House & garage