THE OWNER of a Carrbrook property has been told he cannot use an area close by for the parking of cars.
Ian Cowley asked Tameside Council if the land close to Carr House, on Carr Lane, could be used as it would be ‘incidental to the enjoyment’ of the building.
But the authority has said no to a lawful development certificate (LDC) as it deems it to be separate to the Grade-II listed structure.
Documents supporting the application say the area would mostly be used as ‘access into the garden for maintenance purposes and for various purposes associated with a dwellinghouse as and when required.’
They also state: “This provides the only meaningful access to the garden and the only access for machinery for maintenance within the curtilage and further areas to be used for the enjoyment of the dwellinghouse.
“The area which has been cleared and made in 2023 measures about 150 square metres.
“These operations provide a surfaced area for the use of the land which may include log storage, trailer parking and a turning/parking area for cars, whilst improving access for machinery required to maintain drainage and vegetation within the wider curtilage.”
Carr House, which sits in the Carrbrook Conservation Area and the Greater Manchester Green Belt, is accessed from the end of Carr Lane, which by then is an unclassified single-track carriageway.
But planning officers found holes in Mr Cowley’s plan, which received one objection with concerns including the hardstanding already there is unlawful, along with vehicle access as it is not in connection with any permitted development.
In their report, they found: “In this case, the land appears to be separate to the curtilage.
“At some point in time since 2022, work has been undertaken unauthorised to bring this into a residential curtilage ‘use’. Therefore, the council do not consider the parcel of land where the hardstanding is existing to be within the necessary area of land about the building.
“The council do not support the contention that the land is within the curtilage of the property.
“Indeed, the evidence the council have would suggest very strongly that this was not the case.
“It isn’t clear exactly what the surfaced area will be used for. In addition, the application form is contradictory.
“The reason given for the application for an LDC is “existing operations to allow for parking of cars incidental to the enjoyment of an adjacent dwelling house.”
“However, upon reviewing the description of existing use and the accompanying statement, this seems to suggest that the land will be used for a wider range of uses generally and for any purpose incidental to the enjoyment of the house as such and is not specific.
“The land in question is separated from the garden of the dwelling by a stone-built boundary wall.
“Having regard to its physical division and characteristics, the council believe that the land is a distinct piece of land which does not have the necessary intimate association with the house.”