Agenda item

Officers presented the report and in doing so, drew Members’ attention to the presentation slides, as detailed on pages 25 to 32 of the Public Reports pack.

The application was for Sumach, Priory Road, Dodford, Bromsgrove, B61 9DA and sought retrospective planning permission to re-profile and level land.

Officers explained that the application was retrospective in nature and that the Council’s attention was drawn to the site in May 2022, with an application being submitted in November 2022. However, Officers noted that materials were still being imported onto the site up until February 2024, after which no major additions were noted.

The site location was shown on page 26 of the Public Reports pack. The current condition of the site was also highlighted and the images were noted to have been taken in September 2024 after some topsoil had been imported and grass seed had been sewn.

Officers detailed that no objections had been raised by relevant consultees which included County Archaeology, the Council’s Conservation Officer and Worcester Regulatory Services (WRS).

At the invitation of the Vice-Chairman, Rachel Jennings, Local Resident, Councillor J. Shapiro, Dodford with Grafton Parish Councillor and Councillor K. Taylor, Ward Member, addressed the Committee in objection to the application.

The following was clarified after questions from Members:

·       The reason given by the applicant for the development was that they wished to level off their back garden to create a flat playing area for their family.

·       The images were provided by the applicant, however, Officers clarified that it was not unusual for images from applicants to be used within an application and that a number of Officers including himself had visited the site and could attest to the authenticity of the images.

·       That although it was possible that bat foraging and hunting grounds were impacted, no evidence had been provided as to a specific impact or harm which had been caused as a result of the development.

·       There were a number of other works which were being considered such as a tarmac area and fence, however, it was clarified to Members that only the matter of landscaping was to be considered, as detailed in the application before them.

Members commented that should they refuse the application, the applicant would likely appeal their decision. If the decision was appealed to the Planning Inspectorate, the reviewing panel would not be from the local area and after seeing the images of the site and lack of consultee objections, the decision would likely be overturned with the potential for significant costs against the Council. Therefore, it was a very difficult position that Members and Officers were in when determining the application.

Members expressed displeasure with the handling of the application and that a stop was not put on the importation of materials when it was first discovered in November 2022. Members were also displeased that the application was retrospective, and permission was not sought before the  development had commenced. However, Officers clarified that the retrospective nature of the application was not a consideration for Members and that they needed to consider the application before them.

Members commented on the difference in soil height and that a 10-12m elevation increase amounted to a very significant level of material being imported onto the site, which would likely have amounted to 100’s of Tonnes.

The nature of the evidence provided made it difficult for Members to grasp the scale of the development as they felt they did not have a good overview of the site with only internal images being provided. Members commented that this made it difficult to come to a decision on the application, as it could not be determined how the development site stood when compared to adjacent properties and land contours.

Therefore, to permit Members a better overview of the development and the impact on the local area, Councillor S. J. Baxter proposed an Alternative Recommendation to defer the application to a later meeting of the Planning Committee to permit a site visit to be undertaken by Members. The Alternative Recommendation was Seconded by Councillor D. J. A. Forsythe and on being put to the vote it was:

RESOLVED that having had regard to the development plan and to all other material considerations, planning permission be deferred to a future meeting of the Planning Committee subject to a site visit being undertaken by Members.