Agenda item

Replacement dwelling following demolition of existing

By unanimous vote, the Committee approved the application in accordance with the officer’s recommendation, and subject to the conditions, laid out in the report from the Joint Director of Planning and Economic Development.

The Senior Planner, Phoebe Carter, presented the report. Members enquired as to how long the property had been occupied without the agricultural tie that was conditioned in a previous permission, dating back to 1975, and expressed concern that this had not been enforced. The Committee was informed that the condition had only come to light in the lifespan of the application and that the landowner was not aware of the condition at the time of purchase, with the condition not being found during Land Searches. Further clarity over the status of the agricultural tie condition and the history of use of the existing dwelling and former piggery was given. A query was raised on encroachment into the countryside and development outside of the Village Development Framework was raised, with the removal of Permitted Development Rights as part of the permission being noted. Members were informed that the proposal would improve the energy efficiency of the building and were assured that any further development would require a new application which would be assessed on its merits. Members enquired as to the weight that could be given to the condition on the existing dwelling as a consideration in making a decision on the application. The Senior Planning Lawyer advised that a decision could be made but that it would have been preferable for the Applicant to seek to remove the condition via a separate planning application, prior to this application being determined. The Senior Planner stated that the applicant was not willing to withdraw the application and seek to remove the condition via a separate application. The Chair noted the legal advice and the Committee proceeded to determine the application.

The Committee was addressed by a neighbour who supported the application, Ray Manning. Members asked questions of clarity over ownership of the access road and the agricultural tie. Councillor Neil Harris of Willingham Parish Council spoke on behalf of Willingham Parish Council who objected to the application. In response to a question, Councillor Harris informed that Committee that the Parish Council objected to the application as it was outside of the Village Development Framework and due to the fact that the agricultural tie condition was still in place.

In the debate, Members expressed views that the application would improve the site. Further discussion around the agricultural tie condition was held. The Interim Delivery Manager informed the Committee that there were provisions in the Local Plan (policy H/19) to relax conditions like the one in question on a case by case basis and that there was no obligation for the applicant to remove the condition before applying for a new permission on the site. The Committee noted that the Local Plan supported one for one dwelling replacements outside the Village Development Framework (policy H/14). Members noted the concerns of the Parish Council regarding the agricultural tie and concerns over precedent setting, but the Committee was content that a precedent would not be set and that a judgement could be made on the merits of the application.

By unanimous vote, the Committee approved the application in accordance with the officer’s recommendation, and subject to the conditions, laid out in the report from the Joint Director of Planning and Economic Development.