Agenda item

Miss S Kyle was due to make a statement objecting to the application but she was not present at the meeting.

The Committee was reminded that access and siting only were to be determined.  The two main issues raised were the loss of the Poplar trees and the use of the bridleway. Members’ attention was drawn to the views of the Arboricultural Officer and it was noted that a mature Oak tree in the neighbouring garden would be retained.

It was reported that an application for a dwelling on part of the site had previously been resolved to be approved subject to the removal of the garage by way of Section 106 agreement.  However this agreement had never been signed and hence permission had not been granted.

It was explained that the Rights of Way Officer had raised concerns regarding the use of the bridleway.

Further to the report it was noted that (1) a letter had been received from the owner of the neighbouring property stating that the garage had not been used for over 15 years; the access along the bridleway was not used and even when it had been used it had been for accident vehicles only; there was an unauthorised gate further down the bridleway; (2) a letter received from the Land Registry showed that there was no access and (3) a letter from a solicitor was available stating that the bridleway was to be used only for bridle way uses.

Also further to the report a letter had been received from the applicant’s agent  stating that the bridleway had been in use since the 1940s up until recently for access; access to the site was via the lane and the gates had been operational as part of the business.

The Officers explained that it had yet to be demonstrated that the bridleway had been used as a vehicular access to this site.  Therefore, the Committee was asked to consider an amended recommendation, namely that the Chief Executive, in consultation with the Chair and/or Vice-Chair of the Committee be delegated authority to approve application DRA/477/9-X subject to the conditions set out in the report and subject to evidence being received that a right of way exists along the bridleway and that should such evidence not be demonstrated, the Chief Executive be delegated authority to refuse the application.

In response to a question raised the Officers explained that access was a material planning consideration in this case as the proposed access was via a bridleway and there could be a conflict of uses between vehicles and horses.

One Member referred to the loss of the Poplar trees commenting that Poplar trees were a short lived species and these trees were likely to become dangerous and would be in need of felling within a few years in any event. 

In response to a question raised the Officers clarified that proof of a right of way would include documented evidence such as land registry details or conveyance details, although prescriptive rights over land the land could have been established.

One Member referred to the timescale in which the applicant should demonstrate such evidence and he suggested that 90 days was appropriate.  However, the Officers expressed some reservations regarding this, commenting that it was essential that the applicant was given sufficient time to research proof of access and come forward with evidence.

One Member commented that the principle of development on this site was acceptable and that it might be possible to gain access from the north of the site to the rear of the gardens.  He suggested that siting of the dwellings proposed for the adjoining site should be taken into account when the layout was being finalised. The Officers pointed out that the current application was for outline permission for siting and access only.

It was proposed by Councillor Jerry Patterson, seconded by Councillor Tony de Vere that the Chief Executive be delegated authority to approve application DRA/477/9-X subject to the conditions set out in the report and subject to evidence being received within 6 months that a right of way exists along the bridleway and that should such evidence not be demonstrated, the Chief Executive be delegated authority to refuse the application.  On being put, this was lost be 9 votes to 6.

It was then proposed by the Chair and by 15 votes to nil, it was

RESOLVED

that the Chief Executive be delegated authority to approve application DRA/477/9-X subject to the conditions set out in the report and subject to evidence being received that a right of way exists along the bridleway and that should such evidence not be demonstrated, the Chief Executive be delegated authority to refuse the application.