Agenda item

ENFORCEMENT AND POSSIBLE UNAUTHORISED DEVELOPMENT –LAND ADJACENT TO NO. 11 FINTRY WALK, FARNBOROUGH

To receive the Head of Planning’s Report No. PLN1541 (copy attached) which updates on the Performance Indicators for the Development Management Section of Planning, and the overall workload of the Section for the period 1st April to 30th June 2015.

Minutes:

The Committee received the Head of Planning’s Report No. PLN1540 regarding a change of use of land from public amenity land to that of a private residential garden by the erection of a close board fence at No. 11 Fintry Walk, Farnborough.

 

A complaint had been received in May, 2015 claiming that a 1.8 metre fence had been erected by the owner of No. 11 Fintry Walk, enclosing open land and changing its use to private residential garden land. Visits to the site had confirmed that a 1.8 to 2 metre high close board fence had been erected on land adjacent to No. 11 Fintry Walk. The enclosure of the land had resulted in the change of use of land to private residential garden. Land Registry records had indicated that the land was registered to Hughes and Rogers Limited, which was likely to have been the previous developer of the estate and had since dissolved. A letter had been sent to the owner of No. 11 Fintry Walk advising that the change of use of land and the erection of a fence in excess of one metre high adjacent to the highway required planning permission. Subsequent site visits had revealed that the fence still remained and the owner had failed to respond to further requests to cease the breach in planning control.

 

The Committee was informed that the main issues were the principle of the change of use and the visual impact and highway safety implications. It was highlighted that the Council’s Core Strategy Policy CP12 recognised the important role that amenity land played within the street scene and that loss of amenity land was resisted by the Council. The principle of the development was therefore unacceptable in planning terms. With regard to the visual impact, the enclosure by fence and loss of land to the general streetscape had a detrimental impact on the setting of the property and overall character of the area and could well set a precedent. This was contrary to the objectives of Core Strategy Policy CP12 and Saved Local Plan Policy ENV17. Concerning highway safety the Council’s Transportation Strategy Officer had raised concerns about the positioning of the fence towards the rear of the site, adjacent to the garages and parking space which took access from Pennine Way. In order to maintain a suitable visibility splay and to prevent conflict with vehicles and pedestrians, the fence would need to be reduced to a height of one metre.

 

It was therefore considered that the unauthorised fencing and associated change of use of land was considered unacceptable in principle, would result in significant harm to the visual character of the area and would be likely to harm highway safety.

 

RESOLVED: That the Council issue an Enforcement Notice requiring removal of the unauthorised fencing with a period of one month for compliance for the following reasons:

 

(i)            the enclosure of open amenity land with close boarded fencing is detrimental to the character and visual appearance of the street scene and the surrounding area; and

 

(ii)        the unauthorised fencing, by virtue of its height and location gives rise to restricted sight lines and consequent potential conflict between users of the highway and footway, and vehicles entering or leaving the adjacent parking area to the detriment of highway safety.