Planning Officer Report and Recommendation

Planning Report And Recommendations {{table:92446}} ### Considerations {{table:92444}} ### Written Representations We have received no private representations for this application. ### Consultations {{table:92445}} ### Policy

Officer's Report

The site lies to the south of the A23 Top Road and accessed via a lane which heads south and becomes Trollaby Lane and leads to the A1 at Union Mills. Permission was granted for a replacement dwelling for a modern bungalow, under PA 01/1242. The building has not been constructed entirely in accordance with the approved drawings insofar as:

• the link between the garage and the main house has been omitted - this has no adverse impact
• the house and garage have been handed - this has no adverse impact
• creation of a new access onto Trollaby Lane. This now crosses right across the site to join Trollaby Lane at the point of its junction with the lane leading to the original house which was to be demolished. The reason for this I assume is that they have no legal right of access onto Trollaby Lane,

R 1.

The extension of the residential curtilage into open countryside is unwarranted and contrary to the interests of preserving the natural countryside in areas which are generally not designated for development and should remain free from built structures, domestic paraphernalia and a manicured appearance. The domestic curtilage permitted when this property was initially approved (PA00/1898 as amended by PA01/1242) provided ample space for enjoyment of the property and there is no justification for any extension to this, particularly on the basis of the scale now being proposed.

R 2.

The creation of a driveway across the length of the site would introduce a domestic feature into what should be open and natural countryside and it would be particularly visible from the point where the driveway meets with the public footpath in the north eastern corner of the site. The driveway would adversely affect the open and natural appearance of this area of countryside, which is recognised as having High Landscape Value and Scenic Significance, and the Planning Committee is not persuaded that a new driveway to serve Lower Ballaclucas is justified.

Note 1: It was made clear in the previous applications that legal access to the footpath should be clarified prior to the commencement of the creation of such onto Trollaby Lane. It was assured at the time that such an access was available despite suggestions to the contrary. If access is not available in this manner, access should be provided in accordance with the existing access used by the house to be replaced.

Note 2: The Planning Committee acknowledged that the site plan submitted at Review (number 408-02 Rev B) indicated a reduction in size of the residential curtilage more in line with that originally approved. Noting that the decision on this application had already been split at the initial stage, the Committee considered it inappropriate to introduce a further split decision.

Note 3:

This works proposed by this application are retrospective. The works must therefore be removed in accordance with the letter, which accompanies this decision notice.

which was suggested to the applicants originally in PA 00/1898 and 01/1242. This new access across what was to be undisturbed land is unacceptable and created an additional urban feature at the junction of the two lanes.

• inclusion of a rear porch - this is unobjectionable
• extension of residential curtilage. This is not acceptable. The house to be replaced was in a cluster of buildings which related to each other. Permission was granted for this new house to be slightly removed from this cluster in the interests of neighbourliness. To now suggest that the house should have a residential curtilage which stretches alongside Trollaby Lane is unwarranted and unacceptable.
• erection of a garen shed - this is acceptable.

Recommendation

Recommended Decision : Split Decision

Date of Recommendation : 17.08.2004

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the erection of a garden shed, the handing of the main building, omission of link between the house and the garage, amended location of garage, erection of rear porch extension all as shown in drawings 408 - 01 and - 02 and the location plan as received on 6th July, 2004.

R 3.

The extension of the residential curtilage into open countryside is unwarranted and contrary to the interests of preserving and presenting natural countryside in areas which are generally not designated for development and should remain free from built structures, domestic paraphernalia and a manicured appearance. The domestic curtilage permitted when this property was initially approved (PA 00/1898) with the paddock provided ample space for enjoyment of the property and there is no justification for any extension to this, particular on the basis of the scale proposed here.

R 4.

The creation of a driveway across the length of the site would introduce a domestic feature into what should be open and natural countryside and also brings with it new gate pillars and an entrance off the lane at its junction with the public footpath. This undermines the open and natural appearance of the countryside and is not justified.

Note: it was made clear in the previous applications that legal access to the footpath should be clarified prior to the commencement of the creation of such onto Trollaby Lane. It was assured at the time that such an access was available despite suggestions to the contrary. If access is not available in this

manner, access should be provided in accordance with the existing access used by the house to be replaced.

Decision Made: _SOLK_ Committee Meeting Date: _27-8-04_ dcreprec.doc