Agenda item

To consider the report of the Chief Planning Officer for an application for the change of use of vacant land to domestic garden land with fencing.

(Report attached)

This application was brought to Plans Panel by Cllr Hayden who was supportive of the scheme and considered the scheme to be an improvement on the original situation and had helped to address some anti-social behaviour issues.

Permission was sought retrospectively for the change of use of land to the side of an end terrace property to form an enlarged domestic curtilage. The area of land originally formed half of a wider access route which runs between No.18 and No.16 Sycamore Avenue.

Members were informed that land subject to this application had already been enclosed by timber fencing with a concrete gravel board to the base and supported by regularly spaced concrete posts. The application proposed a height increase to part of the existing fencing around the Cross Street boundary to achieve a total height of circa 1.83m, same as the existing concrete posts. 

Members had visited the site earlier in the day and noted the work that had been undertaken by the applicant at No.18.

Members were informed of officers suggested compromise whereby the boundary treatment is set off the centre line of the access lane so that should neighbours at No.16 wish to do something similar in the future an access route would be retained. The applicant was not willing to amend the scheme and had suggested that the remaining land be safeguarded to secure access.

Cllr. Hayden spoke on behalf of the applicant informing the Panel that she had been contacted by the MP Richard Burgon and asked to look into the matter.

Cllr Hayden informed the Panel that she was supportive of the scheme for the following reasons:

·  When the applicant purchased the property she had been told that the land belonged to the property

·  Land Registry shows the land belongs to the property at No.18

·  A number of properties in Halton had done similar it seemed to be a feature of the area

·  The fencing was of a good quality and fitted with the street scene

·  Neighbours had commented positively that the access was cleaner, and had stopped anti-social behaviour

·  Stopped tampering of the gas meter

·  Stopped young people congregating

Cllr. Hayden informed the Panel that Public Rights of Way were of the view that the land had always belonged to No.18 but over time had become a right of way.

In response to Members the Panel was informed that based on the land registry map the properties were built in the 1930’s.

The Panel was informed that the applicant had documentary evidence of proof of ownership. She did not have the documents with her at the meeting. 

Mrs Wright attended the Plans Panel and informed the Members of her objections to the access route being fenced off.

Mrs Wright informed the Members that she had lived opposite No. 18 Sycamore Avenue for 50 years. She said that she was not aware of any vandalism and visitors to her property commented that the fence was an eyesore.

Mrs Wright said that the access had always been a right of way her concerns that the right of way could be lost if No. 16 chose to fence off the area surrounding their property

Legal advice was provided to the Panel on request in relation to 7.1, 7.2 and 7.3 of the submitted report about the right of way issues. Members were provided with information in relation to Public Path Extinguishment Order.

Members discussed the followed issues and how to proceed:

·  Issues relating to the public right of way at 7.1, 7.2 and 7.3 of the submitted report

·  Extinguishment Orders including time line and cost of the orders

·  Legal aspect of land registry pre and post 1970

·  Impact on the community

RESOLVED – To support the officer recommendation and refuse the application for the stated reason as set out in the submitted report.