Telford neighbour land dispute set to go public this week

A battle between neighbours over land between their homes in rural Telford is set to be decided in public by the borough council’s planning committee.

The applicant wants to change 1,200 square metres of land next to a property in Middle Lane, Cold Hatton Heath, from agricultural use into a private garden.

But her neighbour has objected, saying that if the garden goes up to his hedge people will be able to look through it. They will also make “additional noise” resulting in “an insurmountable loss of privacy, disturbance, and reduced enjoyment of our property.”

The neighbour, not named in the planning documents, adds that “This constitutes a significant material harm to our residential amenity.”

The neighbour adds that the issue has already led to the council taking enforcement action over a “largescale play area” in the garden, and Telford & Wrekin Council’s recent refusal of a lawful development certificate.

Applicant Mrs Hannah Williams had told planners that the area is separated from the neighbouring property by a very tall and dense hedge and “this area of land is not visible to the neighbouring property.

“We believe that the size of private garden post approval would be in keeping with other properties on Middle Lane and other adjacent roads.

“Loss to garden use is not harmful: the loss of this specific area of land to domestic garden use would not be harmful to the environment, and the area of land is surrounded by residential properties.

“The land is currently mowed lawn, therefore a change of use will not result in a change of appearance to the land, therefore there is no impact on countryside appearance.”

Borough councillor Steve Bentley (Conservative, Ercall Magna) objected and asked for the committee to decide the issue.

Waters Upton Parish Council supported the call in so that “the applicant and neighbours can have an opportunity to address the members before a decision is made.

“Waters Upton Parish Council would also like to attend the meeting and address the committee.”

Planning officers have recommended that members at Wednesday’s (Nov 12) planning committee should give permission to the change of use.

Officials say that the land – between Newport and Shrewsbury is defined as ‘poor quality agricultural land’ which is not covered by a policy which protects the ‘best and most versatile’.

Officials say that they are “satisfied” that the proposal “will not encroach unacceptably into the wider open countryside.”

They add: “Officers do not therefore consider the scale of the parcel of land is at odds with the character of the wider surrounding area and is acceptable on balance.”

Officers say that a condition can be added removing Permitted Development Rights for outbuildings, fences gates and walls and hardsurfacing.

The officers also rejects a comment that the approval of this could set a precedent.

Officials write: “Officers would like to point out that all planning applications must be assessed on their own merits and the approval of this application does not automatically mean that other applications of a similar
nature would also be considered favourably.”

They add that on the alleged “loss of privacy and the fact that the existing hedgerow can be looked through, officers do not consider the nature of the use would result in intrusive views into the rear garden of the neighbouring property.

As such, the “living conditions in respect of privacy and overlooking would not be significantly harmed.”

Councillors are being asked to decide the issue at a meeting held in public at Southwater One in Telford from 6pm on Wednesday, November 12. It will also be broadcast online.