Agenda item

To receive the report of the Chief Planning Officer for the retention of boundary fence at Hill Foot, Wetherby Road, Bardsey, Leeds.

(Report attached)

The Chief Planning Officer had submitted a report which asked Members to consider a retrospective application for the retention of a boundary wall and fence at Hill Foot, Wetherby Road, Bardsey, Leeds, LS17 9BB.

Members were informed that the applicant had initially erected a wall and fence that was over 1 metre tall and adjacent to the highway. This was brought to the attention of the Planning Enforcement Team in April 2015 whilst still under construction. Against the advice of the Enforcement team to stop the work as the fence required planning permission the applicant continued to erect the fence.

Members had noted that an enforcement notice had been served. The applicant had appealed the notice only for the appeal to be dismissed.

The applicant informed Planners that the fence had been erected to protect his family as they had suffered racist attacks whilst living at the property and he also had young children.

The applicant had planted hedging and proposed to retain the fence for 12 months until the hedging had brown to a sufficient height. It was noted that the wall would be retained.

Members were informed that the Inspector had upheld the enforcement notice. Members wanted to know why the Inspectors report had not been appended to the application. Planning Officers said that this was not the normal practice usually the report would be summarised for Members.  However, Planning Officers noted this request and said that it would be added to the agenda for the next Chairs Meeting.

Cllr. Wadsworth explained to the Panel that the hedging was yew and if the fencing stayed in situ then the yew would not grow properly and would become unsightly in 12 months.

Cllr. R Procter informed the Panel that Bardsey Parish Council wished all the properties along the A58 to have hedging as opposed to fencing to be in keeping with the character of the area. Members were told that this was included in the Neighbourhood Plan for Bardsey Village Design and Statement.

Members discussed the issue of Enforcement and the fact that the Inspector had upheld the enforcement action.

Mr Windress the agent for the applicant said that the applicant wished to keep the fence for 12 months to allow the planting to become mature and of a significant height.

He also told Members that the applicant had small children who liked to play in the garden and this would cause problems especially if they were playing with a ball.

Mr Windess informed Members that other properties along the A58 had fences.

Members were informed that the pillars need to be retained as they were for the gates.

Members were advised that the property two doors down did have a fence but that had been up for four years and therefore was not subject to enforcement action.

RESOLVED - That the Panel resolved not to accept the recommendation to grant planning permission and that permission be refused due to the fact that the fence by extent and design was harmful to the view of the area. The final determination of the application was deferred and delegated to officers to formulate the precise wording of the reason for refusal.

The Panel requested that the fence be removed within two months from the date of this Panel.