Public space to garden at Land at Siskin Chase, Cullompton

What was proposed

The application sought to change a small grassed area of public open space beside a house into part of its domestic garden.

“Proposal: Change of use of public open space to domestic garden…”

“The proposed development is for the change of use of a small grassed area of public open space to residential use, on land adjacent to no.7 Siskin Chase. The site adjoins the front garden area of No 7 Siskin Chase and it is proposed to be incorporated into the garden area of no.7 Siskin Chase.”

Officer report

The site

The site was within a residential area and settlement limit, with trees and a brick wall along its western boundary.

“The site is located within the designated settlement limit for Cullompton. The site is not located within the Conservation Area nor are there any buildings listed within the locality. The western boundary of the site is bounded by trees with a brick wall to the rear, along with an open frontage facing onto Siskin Chase.”

Officer report

Earlier applications

Earlier permissions included a house extension and residential development; a 2010 garden and garage proposal was refused.

“02/00694/FULL - PERMIT date 28th May 2002Erection of two storey extension to side of dwelling 94/01626/ARM - PERMIT date 11th April 1995Reserved Matters for proposed residential development of 111 No.2 storey dwellings & associated works (application 4.21.91.2221) 10/01291/FULL - REFUSE date 2nd November 2010Change of use of land to garden and erection of double detached garage…”

Officer report

Officers’ recommendation

Officers recommended permission because the proposal would retain the open character and would not remove formally usable public open space.

“A number of such spaces were provided within the wider scheme. However, other than its intrinsic value as a small piece of green space, it is difficult to understand that its intention was for use as formal and usable public open space given its small size, location and very close proximity to dwellings. It is unlikely that it was ever used as public open space.”

“Policy WL03 of The Cullompton Neighbourhood Plan deals with Usable Public Open Space. As set out above, it is clear that this plot, given its small size and location, would not meet the requirement of this policy, which seeks to secure Public Open Space of adequate size and appropriate design and location so that it is usable by residents and the public for a range of leisure and recreation activities.”

Officer report

Consultation and representations

South West Water had no comment, while no comments were received from other consultees or through public representations.

“South West Water – No comment on this application.”

“Cullompton Town Council – No comments received.”

Officer report

Who spoke

A councillor spoke as the ward member and on behalf of Cullompton Town Council.

Members’ discussion

Members discussed possible parking, service posts, the site’s tree and whether the tree should be reviewed for a preservation order.

“Whether the area could be turned into a parking space? It was explained that the condition would remove the permitted development rights to apply a hard surface to the area. • Whether the service posts would remain in situ? It was explained that there were no proposals to remove them, they would just be under a different ownership.”

“Planning Committee – 19 August 2026 3 • Whether the tree had a Tree Preservation Order (TPO) and if not, would it be possible to arrange a visit by the Council’s Arboricultural Officer to investigate whether it required one? It was explained that it did not have a TPO. A request could be forwarded to review the tree if requested by Members.”

Minutes

The vote

An amendment to follow the recommended conditions while requesting a tree review was carried, becoming the substantive motion.

“It was proposed by Cllr B Holdman and seconded by Cllr G DuChesne that planning permission be granted subject to conditions and with an additional condition that the land would not be used for parking and that any trees on the land would be reviewed by the Arboricultural Officer to determine whether it warranted a TPO.”

“An Amendment was proposed by Cllr S Clist and seconded by Cllr S Robinson that planning permission be granted subject to conditions as recommended in the officer’s report, whilst noting that the Council’s Arboricultural Officer would still be asked to review any trees on the site, as to whether they would warrant a TPO, and this was CARRIED.”

Minutes

The decision

The committee resolved to grant planning permission subject to conditions; some members voted against and others abstained.

“Following the Amendment being carried this became the Substantive Motion being proposed and seconded, it was RESOLVED that planning permission be granted subject to conditions.”

“Notes:- (i) Cllr L G J Kennedy joined the meeting at 2.31pm and was therefore unable to vote. (ii) Cllr S Robinson spoke as the Ward Member. (iii) Cllr S Robinson spoke on behalf of Cullompton Town Council. (iv) Cllrs G DuChesne, C Harrower and B Holdman voted against the Substantive Motion. (v) Cllrs F J Colthorpe and G Czapiewski abstained from voting against the Substantive Motion.”

Minutes

Conditions

The permission required commencement within three years, compliance with approved plans and permission for specified buildings, hard surfaces and enclosures.

“The development hereby permitted shall be begun before the expiration of three years from the date of this permission.”

“Notwithstanding the provisions of Article 3 of The Town and Country Planning (General Permitted Development)(England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no development of the types referred to in Classes E and F of Part 1, or Class A of Part 2 of Schedule 2 relating to the provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool; the provision of hard surfaces or the…”

Officer report