| Conditions / Reason for Refusal: |
01
The Council considers that the extension of the garden area and associated erection of boundary fencing impacts on the openness of the Green Belt, and on the purposes of including land within the Green Belt, and is therefore inappropriate development. No very special circumstances have been demonstrated to outweigh the harm to the Green Belt, and any other harm. As such the proposal is contrary to Local Plan Policy CS4 ‘Green Belt’, and the NPPF.
02
Insufficient information has been submitted to demonstrate that the removal of the
acoustic fence and extension of the garden areas closer to the M1 motorway to the west would not lead to unacceptable impact upon current and future occupiers from excessive noise within the rear gardens. As such the proposal is
contrary to Local Plan Policies CS27 ‘Community Health and Safety’ & SP 55 ‘Pollution Control’, as well as the requirements of the National Planning Policy Framework and National Planning Policy Guidance.
Informative
Enforcement action has been authorised to secure the ceasing of the use of land for domestic purposes and the restoration of the land to its former condition, the removal of the new boundary fence and the reinstatement of an acoustic fence on the original approved boundary line, with a compliance period of 3 months.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant entered into pre application discussions with the Local Planning Authority these identified that it is not possible to support a scheme of this nature nor would any amendments make it acceptable. The application was submitted on the basis of these discussions and it was not considered to be in accordance with the principles of the National Planning Policy Framework resulting in this refusal.
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