Agenda item

Erection of a garden shed to rear

Recommendations: Approval

RESOLVED: That the application be approved.

Erection of a garden shed to rear.

Officers presented the application which sought planning permission for the erection of a garden shed.

A written submission was read to the Committee on behalf of petitioners objecting to the application. Key points included:

·       Planning conditions were not being complied with - petitioners enquired why the applicant was being allowed to ignore conditions at will and had not followed the process to appeal any conditions considered to be unfair;

·       The Inspector had specified conditions that, in order to protect the character and appearance of the Area of Special Local Character, trees and bushes marked on the application were to be retained or replaced and there were to be no garages, sheds or other outbuildings. All these conditions were being ignored by the applicant who had felled a healthy mature apple tree in order to replace it with a shed;

·       The plastic shed did not enhance existing landscaping, trees, biodiversity or other natural feature of merit as was required by the Council’s Trees and Landscaping policy;

·       The application site was within an Area of Special Local Character (the Gatehill Estate). Cabinet had adopted a document in which Council officers had outlined the characteristics and features of the Gatehill Estate. One of those defining characteristics was “the gaps between houses allowing views of mature trees in the rear gardens from the street.” The Inspector had wished to protect the character of the area but the Committee was being asked to believe that the view of a plastic shed was the same as the view of a mature apple tree;

·       Some previous work had been carried out without consent and the applicants now sought to overturn conditions set out by the Planning Inspectorate.

Members sought clarification regarding the points raised by the lead petitioner. It was explained that, under normal circumstances, planning permission would not be required in order to erect a shed. In this case it was needed as permitted development rights had been removed at the property. Members heard that it was important to be proportionate when making decisions – the application was for a small garden shed. It was regrettable that a small tree had been removed to make room for the shed but a degree of proportionality was essential in terms of what the Council would pursue.

Members enquired whether it would be possible to add a condition in relation to the replacement of the tree which had been felled. It was confirmed that the garden was small therefore it was not deemed reasonable to request this. In response to further questions from the Committee, it was confirmed that, although the site lay within a critical drainage area, the shed would have no impact on drainage.

Councillors observed that it was unfortunate that a tree had been lost and felt a wooden shed would have been more in keeping with the area; however, it was recognised that this was not a matter for the Committee. No further concerns were raised.

The officer’s recommendation was moved, seconded and, when put to a vote, agreed with 7 votes in favour. One Councillor abstained as he had been experiencing technical difficulties and had missed part of the discussion of the item.

RESOLVED: That the application be approved.