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South Hams planning agent sets record straight

Thursday, 28 April 2022 14:12

By Phillip Churm, local democracy reporter

South Hams council

Amanda Sutherland: "Nothing to do with my client"

A South Allington resident says she is very concerned about comments made in a South Hams council meeting which she fears could give local people the wrong impression about a planning application.

Plans by Tracie Williams-Geldard to replace an existing building at ‘The Haybarn’ with a new home were approved, but in the council’s development management committee on Thursday 13 April one councillor said it was “planning through the back door.”

Liberal Democrat councillor Julian Brazil (Stokenham) said an application had been rejected earlier, but it was later given a ‘certificate of lawfulness’ which is a legal document regularising unauthorised development.

But Mrs Williams-Geldard says Cllr Brazil is referring to a completely different building which has not been owned by the applicant for many years and is not on the site being considered for planning permission.

In the meeting, agent for Mrs Williams-Geldard, Amanda Sutherland, of Sutherland PLS Ltd clarified the situation.

Responding to Cllr Brazil’s concerns, she said: “The situation is that the lower barn is what you’re talking about, sir, in relation to the previous enforcement action that was lost on appeal.

“[It’s under] completely separate ownership.  Nothing to do with my client. Nothing to do with her site.

“She owned it then 15 years ago, but she hasn’t owned it for many years. And it’s no longer anything to do with this.”

Ms Sutherland then focussed on the application under consideration and insisted it was the first time it had been considered.

“This site, the subject of this application, this particular dwelling is that old tumble down building that you see on site.

“Now, one of the points that I think is really important to make clear is that this is the first time that an application has been made for a new dwelling on this site to replace the existing lawful structure.

“Because it’s been developed via a lawfulness certificate, there are no conditions attached to it, nor indeed, as the officer told you, could conditions be attached to it.

“This is your opportunity, members. You have a planning application in front of you now that gives you the opportunity to control by condition what is going to happen on this site for the future.”

Cllr Brazil said: “The history was that they tried to live in that dwelling below and that was rejected by planning applications, by appeals and then, through – really – lack of monitoring, they managed to establish the certificate of lawfulness of a residential dwelling above it, which is the one that we’re looking at.”

He added: “This is completely planning through the back door.”

Ms Sutherland reiterated the point that previous applications were for a different building. “I was aware of the fact that people were worried about the history,” she said. Hopefully you’re reassured on that.

“This is the first time that you’ve got the chance to to deal with an application as opposed to lawfulness. Any conditions that are considered necessary, we’re happy to agree to.”

The plans also involve a change of use to surrounding land into a garden for the new house, installation of drainage and the provision of adequate parking facilities.

The majority of councillors on the development management committee approved the application, subject to some conditions.

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