Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for the variation of Condition 31 (Boundary Treatment) of approval 14/02399/RM to retain existing boundary treatments to plots 60-63.

The report of the Chief Planning Officer presented an application for retrospective variation of condition 31 (boundary treatment) of approval 14/02399/RM to retain existing boundary treatment to plots 60-63 at land at Fleet Lane, Oulton, Leeds.

Members had visited the site prior to the meeting and site plans and photographs were displayed and referred to throughout the discussion of the application.

Further issues highlighted in relation to the application included the following:

·  It was recommended that the application be deferred due to a required amendment to the red line boundary.

·  The applicants who had plots 60-63 sought to vary condition 31.

·  The boundary was originally planted in 1999 as part of another development.

·  The trees in the buffer had been specified as mainly category C which were of little or no value.

·  There had been removal of some of the vegetation in 2017 and enforcement action had confirmed breach of condition 31 due to the removal of vegetation to the rear of plots 60 and 61.  This had enabled residents of the plots to enlarge their garden space.

·  The original condition 31 was vague and difficult to enforce and there was no clear maintenance agreement.

·  The original garden depths of plots 60 and 61 were considered to be sub-standard.  A compromise had been sought for these plots to retain an additional 4 metres with the rest of the cleared area to be re-planted.  There would be a gated access from plot 60 for maintenance.

·  There had been objections from neighbours on the loss of the original vegetation, overlooking and noise and disturbance due to closer proximity of gardens.

·  It was felt the proposed planting plan would enhance the buffer area and the overall distances between boundaries would normally be considered adequate to prevent harm from overlooking.

·  It was recommended to vary condition 31 by replacing it with the following three conditions:

o  Retention of the buffer zone and subject to a management plan

o  Implementation of planting

o  Restriction of access to the buffer zone to maintenance employees.

In response to Members comments and questions, the following was discussed:

o  Concern that maintenance of the buffer area was not originally covered by a Section 106 agreement.

o  There was a contract with the owner of Plot 60 to guarantee access to the buffer zone.  It was understood that this arrangement would be continued in perpetuity.

o  Leeds and Yorkshire Housing Association owned plats 61 to 63 and plot 60 had been sold under right to buy subsequent to the submission of the application.  The buffer was in the ownership of Leeds and Yorkshire Housing Association.

o  If approval was granted it would be subject to having a long term maintenance plan.

o  Any non-compliance of the management plan would be subject to enforcement action against the owner of plot 60 or the housing association.

o  There was no intention from plots 62 and 63 to extend their gardens.

o  Concern that agreement needed to be secured with the owner of plot 60 as well as the housing association.

RESOLVED – That the application be deferred for further clarity on red line boundary and in particular ownership of properties and how access for maintenance and maintenance can be can be ensured in perpetuity. Application to be returned to Panel.