Agenda item

To consider a report by the Chief Planning Officer which seeks a Retrospective Variation of condition No.31 (boundary Treatment) of approval 14/02399/RM, to retain existing boundary treatment to plots 60 -63 to land at Fleet Lane, Oulton, Leeds 26.

(Report attached)

The report of the Chief Planning Officer requested Members consideration on a retrospective variation of condition 31 (boundary treatment) of approval 14/02399/RM, to retain existing boundary treatment to plots 60-63 on land at Fleet Lane, Oulton, Leeds, LS26.

This application had been considered by South and West Plans Panel at its meeting on 4^th July 2019, where Members had requested further clarity on land ownership and proposals for maintenance of the area.

Members were advised of the following points:

·  Since the application was last considered at Panel, the developer has undertaken further consultation and this period of consultation ended on 31^st July 2019. No further objections have been received to date.

·  The terraces houses were originally purchased by Leeds and Yorkshire Housing Association (L&YHA) to provide affordable housing.

·  When plot 60 was bought under a shared ownership scheme the owners queried the red line boundary as it extended beyond the fence that demarcated the garden. The owners were advised by L&YHA that they could remove the fence and extend their garden.

·  L&YHA had not been aware of the planning condition until the Council’s Enforcement Team became involved and explained the restrictions of the planning condition.

·  This application was submitted by L&YHA on behalf of plot 60 who wished to retain some of the changes that they had already made to their extended garden.

·  The owners of plot 60 have now bought the property outright, and have been fully aware and involved in the planning process.

·  The long term maintenance is to be undertaken by L&YHA with access gained through plot 60. Should the plot be sold and the future occupiers do not agree to this access, L&YHA will access the site using plot 63 which is still in their ownership.

·  Ant alternative access arrangement to be used by L&YHA for long term maintenance will require the approval of the Council before it can be utilised. The requirement is conditioned.

·  A landscape management plan is conditioned. Should this not be implemented or subsequently not maintained, the Council as LPA would be able to take enforcement action against a breach of condition.

In response to Member’s questions and comments the following discussions included:

·  Queried the access through the privately owned plot 60 rather than plot 63 which is still in the ownership of L&YHA. It was noted that access is already in place from plot 60 and plot 60 was in L&YHA ownership at the time this access was first implemented;

·  Estate contractors from L&YHA would maintain the boundary in accordance with the conditions set out in the submitted report;

·  Officers are not aware of any plans to make house owners pay for the maintenance work and this is part of the ongoing obligations to which L&YHA is subject, with assurances provided that this would be conditioned through the landscape management plan;

·  Request for more trees to be planted given the Council’s current commitment to Climate Emergency.

RESOLVED -  To defer and delegate to the Chief Planning Officer for approval, subject to the specified conditions set out in the submitted report and any others considered appropriate.