DC/2009/00947
Old Oak Barn, Coed-Paen
EXTENSION OF GARDEN CURTILAGE
Unitary Development Plan (UDP) Policies
DES1
ENV1
H7
Consultation Responses
Llangybi Community Council: Approve
Neighbour notification: 1 letter has been received raising the following points:
- Public right of way stating on the planning application forms that this is not affecting a
public right of way.
- A land drain has been covered by an expanse of manmade bank
- The works to the garden have resulted in subsidence that has pushed the common boundary
out physically towards the neighbouring property.
Evaluation
This is a retrospective application relating to the garden of a converted barn. Original
approval was for an artificially drawn boundary that enclosed the area to the rear of the barn
to provide the garden curtilage serve this dwelling. The garden has been extended to the south
to include part of the bank where the land falls away from the site. The garden is screened
from wider views by tree cover to the south, west and east of the land.
There is one neighbouring property in the form of a converted barn to the west of the site
used as a children’s nursery. There is an established boundary between the neighbouring
property and application site.
There is an enforcement issue that has arisen with the public footpath although there is a
public footpath that runs immediately to the rear of the existing building which is outside the
area subject to this application for a change of use.
The change of use can been seen from the existing and proposed new public footpath route,
although the new garden curtilage whilst making the garden larger given that the boundaries
is rounded and works with the land levels providing permitted development rights are
removed the garden extension will be viewed as part of the existing curtilage and not an ‘add
on’ in this case. There have been three sheds constructed in the existing garden and new
area subject to this planning application all of which are unauthorised and require planning
consent as the permitted development rights were removed as part of the original planning
consent. The applicant has agreed to a condition that requires all of the buildings to be
removed and the land re-instated to its former condition within 2 months of the date of the
planning permission.
The land in question is no closer to the neighbouring property than the existing garden
curtilage with no implications arising in terms of any potential impact upon the neighbouring
property. The landscape impact is minimal as the site is enclosed by trees with the garden
extension screened from any wider viewpoints by the surrounding landscaping. The issue
raised by the neighbour about compromising the common boundary is a private issue that is
not to be considered as part of this planning application.
The neighbour has raised concern regarding land drainage, the land alterations have occurred
at the southernmost part of the site and is not immediate adjacent to the neighbouring
building. In the case that land drainage has been affected there is separate legislation to cover
this issue.
RECOMMENDATION: APPROVE
1. Time condition
2. Removal of permitted development rights
3. Removal of outbuildings on site within 2 months of the date of the planning
permission.