Council unable to assess disputed summer house as they couldn’t gain access to property

A council’s planning committee group trying to visit a disputed ‘exceptionally large’ summer house built without permission were unable to gain access.

The garden house has been built behind a home called Otterbrook at Moss Lane, Churchtown, Banks. It is the focus of objections about its impact on neighbours, its potential use for groups of people or as extra accommodation to the main house, and its impact on the protected green belt.

Councillors on West Lancashire Council’s planning committee were due to visit it and then make a decision about it this month. It was held back from July’s meeting to allow for a visit. But the application has now been delayed again and one more attempt will be made to visit the site soon.

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. The summer house is located in the back garden next to the boundary with a neighbouring house called Mousehole.

The summer house is 12 metres long, five metres wide and 2.6 metres high. It has a flat roof and a timber composite cladding.

Neighbour Martyn Sayer, of Mousehole, has written to the council to object. He said he first raised the matter in September 2023 as building work was under-way with a steel frame. He would not object to some type of garden structure being built for storage but said the summer house is bigger than anything he expected. He also expects it to be fitted out with high-end features at significant expense. He said Mr Whittaker is a property developer and has been behind numerous changes on the site and planning applications.

Speaking at the West Lancashire Council development meeting, planning manager Steven Faulkner said: “Those councillors who were at the site visit will be aware that it was aborted. Given that we don’t know why access was not available, we believe the application should not proceed tonight and it should be deferred.

“We will endeavour to include it in a future site visit. If a further visit was to be aborted, you will get recommendations based on photographs and a review from the neighbour’s property. We cannot bring this back on a consistent basis and spend officers and councillors’ time on this.”

Conservative Coun Edward Pope said: “I have been on this committee for quite a long time and have not come across this situation where people on visits have not been allowed access. Is there something in the process saying we have to be given access, if it’s required?”

Planning officer Kate Jones said: ” There are certain rights for [some] officers but they do not extend to planning officers or the committee. ”

Mr Faulkner added: “It’s a fair question. It’s very rare here and it’s very rare elsewhere. But the responsible thing is to try to make the best decision with the best information we have. We may get access next time and get everything we want. If a second visit does not prove successful, we’ll make a decision following that.”

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