‘Exceptionally large’ summer house in back garden sparks neighbour row

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Moss Lane in Banks
Moss Lane in Banks
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A planning application seeking permission to keep an ‘exceptionally large’ summer house built in the back garden of a home has raised concerns about its impact on neighbours, its potential use for groups of people or as extra accommodation, and its impact on the green belt.

West Lancashire Council is to consider the application for the summer house behind a home called Otterbrook on Moss Lane at Churchtown, Banks. Planning officers are recommending approval but one councillor, Conservative Thomas de Freitas, has called the application in for scrutiny over concerns. It was deferred from earlier this summer for a site visit.

The applicant, Mr D Whittaker, is seeking permission to keep the single storey summer house, with an attached pergola and patio. He is working with agent Lucia Ainsworth of A+A Architecture in Tarleton.

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The site is located on a corner plot with Moss Lane and Wyke Lane. It has a shared boundary with another house called Mousehole. The summer house is 12 metres long, five metres wide and 2.6 metres high. It has timber-effect composite cladding.

But neighbour Martyn Sayer, of Mousehole, has written to the council to object. He states: “Having raised the issue with West Lancashire’s planning department in September 2023, about the large, new steel-framed building being erected by our boundary fence and just below our bedroom window., the neighbour/developer has continued to complete and finish the build of the ‘garden room’ over the last eight months at what appears to be, considerable expense.

Drawing of the garden room
Drawing of the garden room

“No doubt it is, or will be, fitted-out with a range of high-end multimedia, a toilet and catering/kitchen equipment potentially with facilities or furniture that could convert to allow overnight residency or equivalent. A covered patio is also added at the southern end of the of the garden room.

“Although the building seems a high standard, our concern is that it could be used by large groups or as an annex accommodation, entertainment or playroom building. Although it may not be Dave Whittaker’s personal intention of use, if he resides at the property, it is a strong option for a purchaser if he decides to sell. This is quite likely as his business is property development.

“We were quite open to a small or reasonably-sized building in this location, as we anticipated something that would provide storage for all his outdoor furniture etc, and would not have objected. There are also plenty of other areas in his large garden that he could have built his garden room.

‘Minimal communication and suspicions’

Mr Sayer adds: “Dave has made very minimal effort to communicate with us as his neighbour during these three years of development. And with the continuous retrospective changes to his designs, we are naturally suspicious of his long-term intentions.

“Despite his continuous habit of retrospective planning requests, we do not have any objections to the change of his original plan for the garage, as the room above it has provided a pitched roof that provides improved privacy to our bedroom from their patio and, conversely, for his patio.

“We recognise he has invested and built his property to a very high specification, and similarly with his garden landscaping and patio area. However, the footprint of his house is substantially larger than the original demolished property. and despite such a large house with substantial facilities,
this additional garden room presents an exceptionally large extension to his property which we feel is unreasonably sited so close to our property.”

‘Previous plans’

The wider Otterbrook site has also been the focus of various planning applications in recent years. the planning report adds. It has permission for a replacement two-storey house, which has now been built. It is in the green belt and there are several large trees which are subject to a tree preservation order.

Other applications have include a proposed replacement garage which was refused in January 2024 but then granted on appeal in July. In March this year, approval was given for a retrospective application for the retention of driveway, garden boundary wall with posts and gates; an additional plant room, a brick wall to the house’s west elevation, a green metal boundary fence and a front skylight.

The council planning report refers to national guidance and the borough’s own planning documents about the size and appearance of extensions and outbuildings. In balance, planning officers believe the Otterbrook summer house is acceptable. They say it would not harm the openness of the green belt, it does not impact on the amenity of ad joining neighbours and its design is appropriate to the main house.

Councillors on the planning committee will consider the application in Ormskirk today (5 September).

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