Agenda item

APPROVED

This application was for the siting of a caravan/ mobile home within the rear garden area of the existing property for purposes incidental to the enjoyment of the dwellinghouse as such (Lawful Development Certificate Proposed).

A presentation was given by Planning in which Members were informed that this application was originally discussed at the Plans 4 Sub-Committee meeting on 11^th January 2024, but was deferred without prejudice for Officers to provide further information. These details included the legal definitionof a mobile home/caravan, and to include relevant legislation, and case law.

Page 18 of the Report provides an update on the information requested, with Planners stating that the additional information did not warrant a change to the initial recommendation for the Certificate of Lawfulness to be granted.

It was highlighted to Members that an identical LDC application (22/04204/PLUD) was previously refused in April 2023 and was currently at the appeal stage. After assessing additional information provided by the applicants to address the reasons for refusal, the Council had decided not to contest the appeal case.

Since the Report/Agenda was published, there had been additional comments received in objection from a neighbour. Ward Member, Councillor Andrews, was unable to attend the meeting, but had provided a written statement expressing his concerns and considerations (circulated to Members and attending Officers prior to the meeting).

An oral representation in support of the application was then given by the applicant. It was stated that no other considerations should be taken into account other than was the siting of the caravan  lawful in this case, and the applicant expressed his frustrations at the Council’s response to previous applications. The application should purely be a question of lawfulness and the applicant could see no law that existed to prevent the caravan being sited as per the application.

In response to a question regarding the location of a nearby tree with a TPO, the applicant confirmed that the siting of the caravan would not affect the tree.

The Legal Representative highlighted to Members that under an application for a Certificate of Lawfulness of proposed use or development, it is up to the applicant to specifically state the basis on which the determination should be made i.e., to confirm the proposed use for which a certificate is sought. Concerns that in the future an alternative use could take place cannot be used as the basis for making a decision. The applicant has not applied for the caravan to be used as a separate dwelling, but to be used as a music/hobby/study room, a digital mixing area with a bathroom and a store incidental to the use of the main house. The LDC would confirm the use for which it is applied and would be carefully drafted to refer to the specific use applied for.

During discussions, Members still expressed their concerns regarding whether in the future the caravan would be used for residential purposes. It was also mentioned that, if approved, an informative could be added regarding the TPO and how the caravan is brought in/sited.

Members having considered the Report, objections and representations, RESOLVED that a LAWFUL DEVELOPMENT CERTIFICATE BE GRANTED as recommended on the basis of the documents submitted with the application, with the amended informative:

The applicants should be aware that a separate TPO consent application should be submitted if there are any potential impacts on the protected oak tree (TPO 2874) including during assembly and siting of the caravan hereby permitted. If the applicant requires to prune the tree, details of this should be specified in a separate TPO consent application for further assessment.