Issue - meetings

Consideration of recommendations of the Area 2 Planning Committee in respect of an application for retrospective permission for the unauthorised erection of a summerhouse outbuilding.

The following documents are attached:

·         Report of Director of Planning, Housing and Regulatory Services of 18 February 2026

·         Annex 1 – Report of Director of Planning, Housing and Environmental Health* of 14 January 2026

·         Map

The associated legal advice is attached under Part 2 of the agenda.

*The post title of the Director of Planning, Housing and Environmental Health was renamed to the Director of Planning, Housing and Regulatory Services from 22 January 2026 and the relevant references within the Constitution were subsequently updated accordingly.

Retrospective permission for the unauthorised erection of a summerhouse outbuilding.

Retrospective permission for the unauthorised erection of a summerhouse outbuilding. 

Further to Minute AP2 26/4 of the meeting held on 14 January 2026, the Committee considered the above application with the report of the Director of Central Services and Monitoring Officer set out in Part 2 of the agenda (Minute AP2 26/16 refers). 

On the grounds of Member’s continued concerns regarding the impact of the proposal on the adjacent Grade II listed building, wider heritage impacts and landscaping, it was proposed by Councillor S Hudson and seconded by Councillor M Boughton, that retrospective permission be refused, contrary to Officer’s recommendation, for the following reason:

(1)        That the unauthorised erection of a summerhouse outbuilding with flat roofed projection further towards the Grade 2 Listed building at Strettitt Place was contrary to Policies CP24 (design), S66 of the Planning (Listed Building and Conservations Areas) Act 1990 and 213A of the NPPF and created additional harm to the setting of the historic asset.

Following a formal vote, the proposal was carried with seven Members voting in favour and two Members voting against.  One Member abstained from voting.  On the grounds that the above refusal reason was not considered could be substantiated at any appeal and there was likely to be a risk of significant costs being awarded against the Council at any appeal, the vote taken was a recommendation only in accordance with Council and Committee Procedure Rule 15.24, Part 4 Rules of the Constitution.

RECOMMENDED*: That consideration of the planning application stand ADJOURNED with the recommendation to refuse the planning application being referred for determination by Council in accordance with Council and Committee Procedure rule 15.24, Part 4 (Rules) of the Constitution.

*Recommended to Council

Erection of a summerhouse (Retrospective)

Retrospective permission for the unauthorised erection of a summerhouse outbuilding. 

Due regard was given to the determining issues, conditions, reasons and informatives as detailed in the report of the Director of Planning, Housing and Environmental Health.    The views of public speakers were also taken into account.

Careful consideration was given to the impact of the proposal on the adjacent Grade II listed building, wider heritage impacts and landscaping.  Whilst Members were satisfied that appropriate measures were in place to prevent use as self-contained accommodation, concern was expressed that  the addition of the flat roofed projection had an impact to the significance of the adjacent designated heritage asset.

Councillor Boughton proposed, seconded by Councillor Betts and supported by the majority of the Committee that:

(1)            Retrospective permission be REFUSED for the following reason:

(i)              That the unauthorised erection of a summerhouse outbuilding with flat roofed projection further towards the Grade 2 Listed building at Strettitt Place was contrary to Policies CP24 (design), S66 of the Planning (Listed Building and Conservations Areas) Act 1990 and 213A of the NPPF and created additional harm to the setting of the historic asset.

In accordance with Committee Procedure Rule 15.24, Part 4 Rules of the Constitution the application was

DEFERRED:  For a report from Legal Services on the risks arising from a decision contrary to the recommendations of the Director of Planning, Housing and Environmental Health which it is considered cannot be substantiated.  

[Speakers: Mr D Evans and Mr J Brodie, Members of the Public; and Mr J Puxty, agent]