Residents at loggerheads after some householders extended gardens on to unregistered land

By Deborah Bowyer

25th Nov 2021 | Local News

Residents are at loggerheads after some householders in Sandbach extended their gardens on to unregistered land without planning permission, Cheshire East planners heard.

One objector told the southern planning committee he was considering moving.

Two applicants said they had been subjected to abuse.

The three retrospective applications, to change the use of land for residential garden, were submitted individually by the owners of three properties on Teddy Gray Avenue – numbers 25, 29 and 33.

Each application was considered separately yesterday's (Wednesday) meeting, as planning regulations dictate – but all were summarised as being the same in the officer's reports on the agenda.

The reports, which recommended approval, stated: "In terms of ecology, habitat was lost, but it was not optimum habitat due to debris within it.

The vegetation has since regenerated and provides a satisfactory habitat.

"In terms of amenity, the fact that vegetation has regenerated means that adequate screening is provided between the properties on Teddy Gray Avenue and Moss Lane."

Planning officer Dan Evans told the meeting: "Along Moss Lane there was an overgrown tree-lined verge – these properties here, each has extended its garden out into that tree-lined area and removed the trees."

Ward councillor Kathryn Flavell (Sandbach Elworth, Lab) said the original planning permission, when the houses on Teddy Gray Avenue were built, stated the existing boundary tree planting would be retained.

"If this hedgerow and tree group had been earmarked for removal in the original plans it is highly unlikely the application would have been approved on the grounds of the visual impact being unacceptable," said Cllr Flavell.

She asked members to reject the application and make residents restore the area to its former state.

Objector Arthur Chandler, who was reading a statement from another resident, told the committee: "As well as the wildlife implications, this application has changed the nature of the area and not for the better.

"In their elevated position the houses on Teddy Gray Avenue, previously hidden by trees removed, now dominate the neighbouring properties of Moss Lane and the Trent and Mersey Canal.

Conservation corridor, resulting in unacceptable loss of privacy which was never intended when approval for the estate was given."

Speaking on behalf of himself and his wife, he then told the committee:

"If this application is approved, all of the remaining houses on Teddy Gray Avenue will have a green light to extend their gardens and the green character of Moss Lane will be lost forever."

He added: "We are contemplating selling up and moving as a result of what has happened."

Applicant Michael Corfield sent in a written statement saying he had removed a huge amount of rubbish from the 'abandoned scrubland' at the back of his property and two tree surgeons had said the trees were dead or diseased and a danger 'to the public and ourselves'.

Applicant Paula White told the committee she just wanted to address the branches dropping off the tree and had spoken to the council.

"I have not extended my garden, the boundary remains. It's still there, visible to see," she said.

"I've taken nothing. The land remains unregistered and I've left it in a better state than it was, at no cost to Cheshire East or anyone."

She added: "I've had aggression directed at me since day one and the planning officers have suggested that applying for planning permission is a good idea and here I am."

Applicant Ian Windmill told the committee: "At the start of this process we were confronted with dying or dead trees.

"These hedges and trees have been removed professionally and for safety and aesthetic reasons. We have kept the local authority and neighbours informed."

He added: "I've been subjected to abuse and unpleasant actions."

The planning committee approved all three applications with conditions.

Four councillors – Allen Gage, Mike Hunter, Suzie Akers Smith and Jill Rhodes – voted against.

Cllr Gage and Cllr Akers Smith apologised for the decision, with Cllr Gage telling Mr Chandler: "I'm sorry for what's just happened. I think it's terrible, but that's the committee's decision."

     

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