Erection of Walls with Timber Panels, Change of Use of Land to Garden Ground and Associated

CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 26th October 2006

Subject: Erection Of Walls With Timber Panels, Change of Use Of Land To Garden Ground And Associated Deletion Of Condition 3 Of Planning Permission 04/00297/FULL At 10 Coalpots Way, Fishcross - Ref: 06/00340/FULL

Applicant: Mr Alex Bradie

Prepared by: Grant Baxter, Principal Planner

Ward: Devon and Clackmannan North Councillor McGill

1.0 SUMMARY

1.1. This application seeks retrospective permission to erect a wall and change the use of a former right of way to garden ground, all associated with a new house recently approved by the Council. A condition of the planning permission required a boundary treatment to overcome the potential loss of privacy arising from the proximity of windows to one another. The current alternative proposals do not meet the specific reasons for the condition and consequently fail to comply with Council policy on standards of privacy and amenity for infill residential development.

2.0 RECOMMENDATION

2.1. The planning application is recommended for REFUSAL for the following reasons:-

1. The wall with timber panels, by virtue of its position and height fails to screen views from within the house into the windows of the property at Parkview. As a result, the application is contrary to Policy RES12 Householder Developments and Established Amenity Of The Clackmannanshire Local Plan Adopted 2004 in that the wall, required as a consequence of the change of use of land to garden ground, has a significant adverse affect on the amenity and privacy enjoyed by occupants of the adjoining residential property.

2.2 As the wall to which this application relates has already been built, it is also recommended that authority is granted to take enforcement action to seek the removal of the unauthorised wall with timber panels and in the event that the applicant does not voluntarily remove the unauthorised structure and proceed in accordance with the terms of the existing planning permission.

053ede9d206e406f1735733a08562d66.doc Page 1 of 5 3.0 BACKGROUND

3.1. Planning consent was granted in November 2004 for the erection of a house on land at 10 Coalpots Way, Fishcross. This is a new residential plot surrounded by a number of other modern houses including Parkview, a bungalow onto Burnee which is separated from the new house site by a strip of ground which is a former right of way.

3.2. Condition 3 of planning permission 04/00297/FULL for the new house states the following:

“Prior to the start of works on site, details of location, height and finishes of any walls, fences or other means of enclosure and details of the existing ground level and proposed finish floor level of the house in relation to the finished floor level of the house at Parkview shall have been submitted to and approved in writing by the Council.

These details shall include details of timber screen fence along the length of the southwest boundary of the site as annotated in green on the approved site plan. The height of the fence shall be sufficient to screen views from within the house into the windows of the property at Parkview.

Once approved, the details shall be completed prior to the occupation of the house”.

3.3 The applicant has submitted details to partially discharge condition 3, but then proceeded to construct a wall immediately adjoining the boundary with Parkview and enclosing an additional area of ground (a former right of way owned by the applicant) and not part of the original planning application site.

3.4 Following complaints from the resident of Parkview regarding the erection of this wall, the applicant was invited by Development Services to either remove the wall and comply with the terms of condition 3, or apply retrospectively for retention of the wall in its current position and the change of use of the additional area of ground to domestic garden ground. This current application represents the applicant’s decision to take the latter option.

3.5 The window to window distance between Parkview and the new dwelling house ranges between 9 and 10 metres approximately and the facing windows of the new house serve a lounge, dining room and family room, while on the existing house the facing windows serve the kitchen, bathroom and bedroom. The purpose of condition 3 is clearly to protect the privacy of residents of the respective houses by the construction of suitably designed boundary treatment along the edge of the application site that prevents direct views from inside one property to the other.

3.6 The unauthorised wall that has been constructed in a location not in compliance with the approved plans fails to achieve this objective in that window to window views can be afforded over the top of the wall.

053ede9d206e406f1735733a08562d66.doc Page 2 of 5 4.0 CONSULTATIONS

4.1. No consultations were carried out in relation to this application.

5.0 PUBLICITY AND REPRESENTATIONS

5.1. One neighbouring property was notified of the planning application and in response one letter of objection has been received from the following party. Mr & Mrs Henry, Parkview, Burnee, Fishcross. The objection can be summarised as follows:-

5.2. The original planning approval proposed suitable screening to protect privacy. The applicant informed of a slightly higher finished floor level requiring a higher boundary fence, and the acquisition of an adjoining area of ground would result in the wall being repositioned. The wall as constructed results in a loss of light and privacy to the adjoining house and does not comply with the previous planning permission. Comment: Direct views above the newly erected wall with timber panels are afforded between windows of the new house and the existing house (Parkview). As such the terms of condition 3 fail to be met. Increasing the height of the wall in its current position may raise issues of loss of daylight and sunlight to Parkview.

5.3. The applicant has commented on the letter of objection, and in particular, what the neighbour may or may not have agreed to in terms of height/position or boundary treatments. Comment: While the applicant and neighbour may disagree on that specifics of private agreements made between themselves, such agreements are not specifically relevant to the determination of this planning application.

6.0 PLANNING CONSIDERATIONS

6.1. The planning application must be determined in accordance with the terms of the Development Plan unless material considerations indicate otherwise. The key Development Plan Policies in this respect are Policy RES 12 Householder Developments And Established Amenity and RES 4, Infill And Backland Development Of The Clackmannanshire Local Plan 2004. SAN 2 on Infill Residential Development is also a material consideration to this planning application.

6.2. Policy RES 4 requires that Infill Residential Development does not result in a significant loss of standard of amenity for existing properties. This requirement is reflected within SAN 2. Policy RES 12 indicates that householder developments, including the erection of fencing, is unlikely to be granted where it would significantly affect the amenity and/or privacy enjoyed by the occupants of adjoining or nearby properties.

053ede9d206e406f1735733a08562d66.doc Page 3 of 5 6.3. Taking account of the terms of these Polices, there appears to be no detrimental impact on the privacy and amenity of neighbouring properties resulting from the change of use of the former right of way to garden ground attributed to the new house. The issues of residential privacy and amenity arise by virtue of the position and height of the new boundary wall, which as noted in the background section above, does not comply with the terms of condition 3 of the original planning permission for the new house.

6.4. In addition to the Development Plan Policies outlined above, a key material consideration to this application must be the conditions of the original planning permission. As outlined above, it is clear that the applicant has failed to comply with the terms of Condition 3 of this permission, both in terms of the details this condition required to be submitted, and also in terms of the positioning and height of the wall that has been erected.

6.5. In light of all of these considerations, the necessity for the planning condition is clear, given the close proximity of the facing windows. The applicant’s failure to comply with the terms of the condition has resulted in a loss of privacy and residential amenity to the residents of Parkview. As a result, this application must be recommended for refusal and authority sought to take enforcement action in order to seek the removal of the unauthorised wall and secure compliance with the terms of condition 3 of Planning Permission Ref: 04/00297/FULL.

7.0 IMPLICATIONS FOR THE COUNCIL

7.1. Financial implications: None.

7.2. Staff implications: None.

7.3. Strategic aims:

Create strong, active, safe and caring communities  Achieve local economic prosperity and stability  Make the most of Clackmannanshire's unique built and natural environment  Develop a culture of personal achievement where everyone is valued  Improve the health of the people of Clackmannanshire  Represent and promote the interests of all of the people of Clackmannanshire 

053ede9d206e406f1735733a08562d66.doc Page 4 of 5 Ensure that the people of Clackmannanshire receive the highest quality services for the public pound 

Head of Development Services

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