Agenda item

Erection of dormer bungalow and garage on land to the rear of 61 and 63 Osbaldwick Village (resubmission) [Osbaldwick Ward]  [Site Visit].

Members considered a full application, submitted by Mr and Mrs R Fletcher, for the erection of a dormer bungalow and garage on land to the rear of 61 and 63 Osbaldwick Village (resubmission).

Officers updated that:

·        It appeared drainage was the main issue on this site;

·        Copies of a sustainability statement for the site was circulated at the meeting.

·        Confirmation that a new drainage layout plan had been received and that this was acceptable to Officers following minor amendments;

·        An additional condition would be required which ensured that the new drainage layout was applied on site;

·        If permission were granted Condition 8 would require the incorporation of the words “land within the Green Belt” following the words “approved plans”.

Representations in objection to the scheme were received from a Parish Councillor representing a neighbour. He displayed photographs of a field to the west of the site, which showed extensive flooding and referred to flooding at the entrance to the site. He explained that water from the site went to a Victorian brick culvert on the western side of Galligap Lane to the beck in the village. He stated that following flooding problems in 2000 the neighbour had, at his own expense, hired a pump to clear silt from the drain. The Chair confirmed that problems encountered with drainage were not within the Planning Sub-Committees remit. 

Representations in objection to the scheme were received from a neighbour, on behalf of a number local residents, along Galligap Lane. They felt that the proposal was the development of a back garden as backland development, which they did not feel, was desirable and would cause a precedent. It was important to protect the character of the village and as a Conservation Area the Local Authority had a statutory duty to protect. Objectors felt that this property would not preserve or enhance the Conservation Area. They also had serious reservations about the access via Galligap Lane over the village green and would not want to increase flooding problems in the area.

The Local Member questioned the use of trees to screen the site, drainage   problems, access and the impact of the development in the Conservation Area. He asked Members to request the applicant to consider the use of the existing access rather than creating a new access. He felt that to open up a new access to Galligap Lane would have an adverse affect on the Conservation Area.

In answer to questions Officers confirmed that Galligap Lane was a private road but that they were unsure how the rights of access were divided between properties. They confirmed that the Highway Authority had no control over the Lane and in the circumstances refusal on highway safety grounds could not be substantiated. They also stated that the drainage culvert had not been maintained over the years, which possibly added to the flooding and pointed out that the development would not worsen this.

The Chair confirmed that this development was in a back garden classed as a brownfield site, the site was in a Conservation Area but that it was only Green Belt where there was a presumption against development.

Members confirmed that they understood that residents were opposed to infilling but that each application was considered on its merits. They raised concerns at the affect the use of the Galligap Lane access would have on the Conservation Area. They questioned the possibility of using the applicants existing access to the site.

RESOLVED:           i) That further consideration of this application be deferred to allow Officers to discuss with the applicant amendments to the site access point.

    ii) That Officers be delegated authority to approve the application if agreement is reached on the use of the existing access rather than from Galligap Lane, the shared private road. 

REASON:                  In order to retain the character of the Conservation Area.