One modest dwelling at Land To The South Of Manor Court Eastleach, Eastleach Turville

What was proposed

The application sought permission in principle for one modest, single-storey dwellinghouse.

“Application Summary Application Number: 26/01821/PLP Address: Land To The South Of Manor Court Eastleach Gloucestershire Proposal: Permission in Principle application for the erection of 1 x modest single storey dwellinghouse Case Officer: Joanne Reeves…”

Officer report

Earlier applications and site use

An earlier outline application was withdrawn, while objections disputed the claim that the land had been used continuously as a garden.

“The applicant states that the land has been in continuous and uninterrupted use as a garden for a period over 10 years. This is strongly disputed and not supported by the facts. The site has been used exclusively and continuously as an orchard and grazing field for over 40 years now.I can confirm from my direct personal knowledge of living here, that the land has been used as an orchard/paddock (not a garden) for at least 25 years since 2000, with fruit trees planted in a…”

“Please see a small sample of my photographs of the land (provided by separate email) dated: November 2022 showing the rough state of the orchard with brambles, piles of rubbish and coarse grass; February 2023 showing the fruit and other trees, brambles and building rubble; March 2023 showing the piles of discarded building rubble and stone; and 30 July 2023 through the gate to the land, which shows it is completely overgrown by pasture-height grasses and weeds; In…”

Officer report

What people said

The parish council, an objector and the ward member raised concerns about landscape, heritage, access, affordability, agricultural land and future precedent.

“Public speaker – Roderick Wordie – Objector The proposal was unacceptable in terms of location, land use and amount of development, noting the site's position in open countryside, within the Cotswold National Landscape and adjacent to the East Leach Conservation Area. Concerns were raised regarding harm to the landscape and heritage assets, loss of agricultural land, lack of access rights and the precedent for further residential development.”

“Public Speaker – Councillor David Fowles – Ward Member There were concerns regarding the applicant’s lack of engagement with the parish. They considered that the site change from agricultural use to a garden would fail to protect the Cotswolds National Landscape. Concerns were raised regarding access arrangements and an existing covenant, the lack of affordable housing provision, and the potential for irreversible harm to heritage assets and the National Landscape.”

Minutes

Who spoke

Speakers represented the parish council, an objector, the agent or applicant, and the ward member.

Members’ discussion

Members questioned access rights, the application red line and whether a new access might be needed, while noting that private rights were legal matters.

“Members questions Members of the Committee asked a series of questions and noted that: • Rights of access were a private legal matter, but the uncertainty over whether the applicant could lawfully use the existing access raised concerns about whether a new access would be required. • There was uncertainty as to whether the existing access should be included within the application red line.”

Minutes

The vote

The refusal motion was proposed, seconded and agreed by the committee; the ward member did not vote because of predetermination.

“Councillor Daryl Corps proposed REFUSING the application and Councillor Nikki Ind seconded the proposal. The proposal was put to the vote and agreed by the Committee RESOLVED: to REFUSE the application.”

Minutes