Enforcement notice for garden changes in Dinas Powys plans

At a Vale Council planning committee meeting on Thursday, September 26, the council decided to issue the owner of 12 Chapel Close in Dinas Powys with a planning enforcement notice for raising the level of their garden without planning permission.

The council said the increased height of the garden by about 600mm above the original ground level has affected the privacy of the homeowner’s neighbour.

Cllr Christine Cave, who sits on the planning committee, likened the situation to what happened at the former Eagleswell Primary School site in Llantwit Major, where portable homes were allowed to be set up through special planning powers.

Cllr Cave said: “When we made the site visit (to Eagleswell) and we actually asked why the ground had been built up and why the buildings could then be overlooking into peoples’ gardens.

“This seems a bit hypocritical to me here, that the council have done exactly the same on a much grander scale with huge overlooking of peoples’ gardens and now we are being told it is not permissible.”

What the garden at 12 Chapel Close, Dinas Powys used to look like before work was done on it (Image: Rightmove) What the garden at 12 Chapel Close, Dinas Powys looked like after work was done on it (Image: Vale of Glamorgan Council) Vale of Glamorgan Council allowed the development of the site at Llantwit Major through what is known as permitted development rights.

The planning powers are usually used in an emergency – in this case, the housing of Ukrainian refugees – but the scheme must eventually get planning permission within 12 months of the date of construction starting.

The council’s planning committee voted to give the site, made up of 90 units, permission to remain in place for a minimum of five more years in July.

Residents were unhappy the plans had been allowed to go through without any consultation, with some of the units just metres away from residents’ gardens.
Some are able to see into the gardens of the portable homes from their upstairs windows.

A view of the portable homes on the former Eagleswell Primary School site in Llantwit Major from Stephen McGranaghan's upstairs window (Image: Ted Peskett) Vale of Glamorgan Council operational manager for planning and building control, Liam Jones, said the committee could only consider the merits of the enforcement notice application in front of them and did not comment on the Eagleswell development.

He said: “Here we have a situation where the homeowner has erected a surface that allows permanent direct overlooking into the neighbouring property.

“I don’t propose to consider the merits of a different scheme considered by this committee, so we have to treat this on its own merit.”

He added the owner of the property in Dinas Powys did not agree to reduce the level of the land on his property or submit a planning application seeking to explore other options.