Development at 120 White Dirt Lane has caused a lot of local concern. The land is in a gap and on a prominent hillside. If allowed it would have resulted in four large houses as well as increased traffic onto White Dirt Lane, a road residents and locals already feel is over used and has poor pedestrian safety.
Following refusal by EHDC for plans to build 4 new properties on the land, the land owner proceeded regardless with the construction of a new access and engineering works to lower the land. As a result EHDC issued an enforcement notice requiring this to stop and the land be reinstated. The owners of the property appealed not only against the EHDC refusal for the planning application, but also against the enforcement notice.
120 White Dirt Lane Appeal result.
The result of the two Appeals heard at EHDC on September 08th are now available.
Part A. Mr Saunders Appealed against an Enforcement notice issued by EHDC on 21st of January this year ‘to cease all engineering or other operations on the Land hatched black on the attached plan, other than any such development granted planning permission under reference 36384/015 and 36384/023; 2) restore the land to the condition that existed before the breach of planning control described in the notice took place; 3) build a replacement retaining wall in the exact position and height as the previously demolished retaining wall; and 4) In the first planting season following compliance with requirements 2 and 3 above seed the land to the front of the retaining wall with grass.’
Part B To Appeal the decision of the Council to refuse permission for four additional dwellings on land at 120 White Dirt Lane on 26th September 2014.
Although the first Appeal, Part A, was upheld a number of conditions and time scales for the landscaping and reinstatement of the land have been imposed by the Inspector requiring the land to be put back to a natural setting.
Part B of the decision relates to the refusal of planning permission for four dwellings and garages and this was dismissed by the Inspector (The houses can not be built).
Importantly, The Inspector agreed with the Council that:
- EHDC has a robust 5 year housing plan including a 5% buffer in place
- The proposals being outside of the Settlement Policy Boundary meant that the EHDC decision was fully supported.
- He agreed that the development was in the countryside.
- He agreed that the dwellings would be visually prominent because of their size, mass and bulk.
- He agreed that the proposed entrance to the site would be an urbanising factor on character of the area and concluded that ‘ the proposed development would harm the character and appearance of the area’s townscape and landscape, in part because it contravenes the CS spatial strategy and is not an acceptable form of development in the countryside.’
- The Inspector recognised that the development would adversely affect the designated gap between the settlements of Horndean, Clanfield and Catherington which seeks to protect the generally open and undeveloped nature of the area.
My thanks are extended to the Officers of EHDC for their hard work and support throughout this process.
Click here to download the 120 WDL Appeal Report