APPENDIX H SOUTH OF THE BOROUGH NEIGHBOURHOOD PLANNING SUB-COMMITTEE

9 FEBRUARY 2011

THE BOTHY STABLE YARD, BARWELL COURT FARM, LEATHERHEAD ROAD,

CHESSINGTON, KT9 2LZ: ENFORCEMENT REF. EN/11944

REPORT BY THE INTERIM HEAD OF PLANNING

SUMMARY The cottage known as the “The Bothy” is located within Barwell Court Farm on Barwell Lane, on the western side of Leatherhead Road. Without prior planning approval, a mobile home has been attached to the existing cottage effectively creating an extension to the dwelling. There has also been an unauthorised erection of a fence over 2 metres in height securing the site boundary. RECOMMENDATION

It is RECOMMENDED that the Head of Legal Services and the Interim Head of Planning be authorised to issue an Enforcement Notice (s) under Section 172 of the Town and Country Planning Act 1990 (as amended), be authorised

• to withdraw and to vary such notice (s) under S. 173A and, in the event of non-compliance,

• take action (s) by way of prosecution under S. 179 and/

• or direct action under S. 178 of the Act in respect of the breach of planning control/

• or for injunctive relief under S. 187B:

REASON FOR RECOMMENDATION To issue notices to end the breaches of planning control.

SITE DESCRIPTION 1. The site is located within Barwell Court Farm on Barwell Lane on the western side of

Leatherhead Road. The site contains a 1 bedroom cottage known as the “The Bothy”. This is a small victorian dwelling that was originally occupied by estate workers.This originally formed the northern boundary of the gardens of “Barwell Court”. The Barwell Court farm complex is all within the Greenbelt.

PLANNING HISTORY 2. The site subject to this enforcement has a extensive planning history. In 1954

permission was granted for the replacement of a glasshouse with a range of 15 stables and the use of the “Bothy” as ancillary office, stores and tack-room. This was not implemented but in 1955 but permission was granted for the stables located to the north with the Bothy used for ancillary purposes.

3. The bothy was used in connection with the stables between 1956 and the late 1970’s. It was then used as a carpentary workshop for a few years. Subsequently it lay empty until 1990 when it was refurbished as an office. That use ceased in 1992 when the office was transferred to part of the Stable Yard buildings to the south.

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4. In 1993 a planning permission 93/1362/FUL was granted for a change of use of the bothy to a 1 bedroom dwelling. The planning permission was subject to conditions, which require that the dwelling shall only be occupied by persons employed at or responsible for the security and safety of the horses stabled at the adjacent stables. There is no evidence that this condition is being breached.

5. A further condition restricted permitted development of any new extensions buildings within the curtilage of the dwelling house without written consent.The occupier at the site was informed on the 20th July 2010 that a breach of planning control had occurred and that a planning application could be made. No application has been received.

THE BREACH OF PLANNING CONTROL 6. A mobile home has been attached to the existing cottage effectively creating an

extension to the dwelling. Condition 4 of planning approval 93/1362/FUL restricts any new buildings or extensions to the dwelling without prior planning approval. The erection of a fence over 2 metres in height securing the site boundary has also been noted.

PLANNING CONSIDERATIONS 7. The mobile home is attached to the dwelling by an interconnecting porch style

structure and is considered an extension of the main dwelling. The mobile home is used for as an additional habitable room to the dwelling.

8. In considering whether enforcement action is necessary the development must be assessed against the Council Greenbelt Policies within the Unitary Development Plan (as amended).

9. OL1 states that except in very special circumstances approval will not be given for development within the Greenbelt and there is a presumption against development. Part 4 states that a modest extension which does not change the scale of an existing property may be appropriate.

10. Development in built up areas in the Green Belt should be restricted to a minimum to protect the character and visual attractions. Major extensions will not be permitted which upset the relationship of the building with the adjoining properties or result in a more intrusive building out of scale and character with its surroundings. The porch and attached mobile home contravenes this section of the policy in its current siting and scales leading visually intrusive development impacting on the surrounding greenbelt area.

11. OL5 states that new buildings should not harm the character of the Green Belt area. The Council will refuse permission for developments which are likely to detract from the appearance of the Greenbelt.

12. Part A of this deals specifically with scale, form and design. It is considered that both the mobile home and boundary fence have an impact on the character of the Green Belt area as the scale, form and design is visually intrusive. Both are prominent from the surrounding area and create a negative impact on the Green Belt area.

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13. Part B of this policy refers to a high standard of landscaping especially to the

boundary between built up areas and open areas are provided. This is to enhance the appearance of the development and soften its visual impact. The boundary treatment in its present form is unacceptable. The fence is approximately 2.5 metres in height and provides screening for the garden of the Bothy. However the height is considered excessive and a height of two metres would provide a similar screening within permitted development control. Visually the fence does not enhance the development or the surrounding area.

Conclusion 14. It therefore considered expedient to remove the mobile from the site and reduce the

fence to 2 metres or below in height. SUGGESTED FORM OF ENFORCEMENT NOTICE 15. The Notice shall allege the following breaches of planning control:

Without planning permission the creation of an extension to the dwelling consisting of a mobile home and interconnecting structure along with the erection of a fence over two metres in height.

16. The suggested requirements of the Notice are:

1. The permanent removal of the mobile home and connecting integral extension from the land.

2. The property to be returned to its original condition prior to the breach. 3. The removal or lowering of fence to a height of 2 metres.

17. Period for compliance:

Within 6 calendar months of it taking effect.

18. The reason for issuing the notice:

The creation of an extension to the dwelling consisting of a mobile home and interconnecting structure along with the erection of a fence over two metres in height combine to cause harm to the openness of the Green Belt and to the visual amenity of the locality and as such is contrary to Policies OL1 & OL5 of the Unitary Development Plan (as amended) and Policy DM5 of the Core Strategy (Pre-submission December 2010).

Background papers held by the author of the report, Eoin Concannon, Enforcement Officer, tel 020 8547 4794 email: Eoin.Concannon@rbk.kingston.gov.uk

• Enforcement File EN/11944

• Photographs of the extension (included in a separate Annex for Members and in the report on the agenda for this meeting on the RBK website www.kingston.gov.uk/committeeminutes) .

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ANNEX

Photographs

Aerial photography of site prior to the porch and mobile

installed (2007) Site marked with star

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Aerial photograph of site

with boundary fence,

porch and attached

mobile taken May 2010

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Boundary fence

approx 2.5metre

high

Existing 1 bedroom

dwelling Attached mobile home

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Porch linking dwelling

with mobile home

View to the side of

property

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