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 4th 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 31st 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.


Supporting documents: