08/00155/FUL CHANGE OF USE FROM AGRICULTURAL LAND TO RESIDENTIAL GARDEN LAND AT Land To The Rear of 1 High Street, , FOR Mr & Mrs J Morris

INTRODUCTION

The application property is a small detached cottage in High Street, Haversham.

CURRENT APPLICATION

The application seeks permission for the change of use a piece of land to rear of 1 High Street, Haversham from agricultural land to residential garden land.

MAIN ISSUES

Whether the change of use would accord with Local Plan policy relating to development in the open countryside.

RELEVANT PLANNING HISTORY

95/01124/MK - Change of use from agricultural land to residential garden, Land rear of 1 - 7 & The Stables, High Street, Haversham - Refused

01/01829/FUL - Change of use from grazing land to private garden - Land rear of 18 & 20 High Street, Haversham - Permitted

07/02106/FUL - Single storey rear extension, 1 High Street, Haversham. This application was withdrawn as the proposed extension would have utilised agricultural land outside the residential curtilage of the site. The applicant was advised to withdraw and re-apply accompanied with this application for the change of use.

08/00156/FUL - Single storey rear extension, 1 High Street Haversham. This application is a re-submission of 07/02106/FUL and appears elsewhere on this agenda.

RELEVANT PLANNING POLICY

Policies of the Adopted Local Plan, 2001-2011 particularly relevant to the present application include:

- D1: Impact of the Proposal on the Locality - S10: Open Countryside

(195) (196) (197) CONSULTATIONS AND REPRESENTATIONS

Haversham Parish Council objects to the application as follows:

"The Parish Council cannot support this application. It is understood that a 10 year period must elapse before agricultural land can be converted to residential garden. The Parish Council feels that others in the neighborhood have had to be patient and these applicants cannot be treated differently"

One letter has been received from the occupier of 2 The Stables, High Street, Haversham, objecting on the following grounds:

"Milton Keynes Borough Council refused to allow change of use to all residents of The Stables - numbers 1 to 6, preventing them extending their gardens. The land for which Mr and Mrs Morris are requesting change of use runs in a visual line along the fields, to the rear of all of the properties along the High Street, up to The Stables. Mr and Mrs S Dawes - 6, High Street, were refused change of use for a section of field owned by themselves, when an application was submitted to MKBC to extend their existing garden. A precedent has been set by the above two refusals, and if fairness is to prevail, a refusal is the only right decision in respect of application number 08/00155/FUL"

CONSIDERATIONS

The application property is located within the open countryside where Local Plan Policy S10 applies. Policy S10 would normally indicate a need to resist the visually prominent extension of a garden into the open countryside because it would not be development essential for agriculture, forestry or countryside recreation.

Although the extension of gardens into the open countryside is normally resisted, it is considered that a modest extension of a garden area may, in certain circumstances, be deemed not to harm the character and appearance of the countryside.

There have been several other instances where the Council has permitted changes of use from agricultural land to residential garden land have been permitted. They include House, Tyringham (03/00690/FUL), 18 and 20 High Street, Haversham (01/01829/FUL), Land at Spring Lane, (99/01044/MK), 6 Spring Lane, Clifton Reynes (99/00349/MK) and 40 Folly Lane, (96/00726/MK).

The case officer initially raised concerns relating to the boundary treatment of the enclosed land. The applicant submitted a plan detailing the boundary treatments on the 13th March 2008. It states that the existing post & rail boundary fence is retained and a Hawthorn hedge shall be planted along the boundary. The existing stone wall to the west of the site shall also be retained.

(198) The proposal would create a rear boundary that is reflective of neighbouring property 'Venezia' and, on balance, is considered not to be detrimental to the character of the area in this instance. It is proposed that a condition removing the permitted development right to erect outbuildings on the land is imposed.

With regard to the objection raised from the Parish Council, it is advised that the ten year rule relates to retrospective changes of use. If a change of use is un-detected for a continuous period of ten years, it becomes un-enforceable and therefore can be considered lawful. The current application relates to a proposed change of use and therefore the ten year period does not apply.

An application was submitted in 2001 (01/01829/FUL) to incorporate an area of land into the private gardens of a number of dwellings on the High Street, including No. 6. This was a very large area of land and considered to extensively alter the character of the area, to its detriment. The scheme was negotiated, resulting in permission being granted only for a small extension to the gardens of 18 and 20 High Street. These small enlargements were, as a result of negotiations considered to have a negligible impact on the character of the area.

The objection raised by the local resident also made reference to the Council's decision to refuse permission for the change of use from agricultural land to residential garden at land rear of 1 - 7 & The Stables, High Street, Haversham (95/01124/MK). It is considered that land rear of 1 - 7 & The Stables is significantly larger than the current application and in addition, the proposal would have significantly altered the pattern of development in High Street Haversham to the detriment of the character and appearance of the area.

These two previous decisions do not set a precedent for this type of development and therefore, this application should be considered on its own individual merits.

CONCLUSION AND RECOMMENDATION

On balance it is concluded that the overall pattern of development in High Street, Haversham would not be significantly changed by increasing the depth of the plot, and due to the minimal impact in this instances on the rural landscape, visual intrusion would not result from the proposal.

In these circumstances it is considered that on its merits the application should be permitted subject to a condition removing permitted development rights for outbuildings.

Report author / case officer – Kit Carrau Contact details - 01908 252361 [email protected]

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