CONTROVERSIAL plans which had resulted in the erection of three new homes on land at the rear of the former Ship public house at 39 Mantle Street, Wellington, had caused overlooking problems for neighbours, town councillors were told at their January meeting.

The town council was against the proposals but was over-ruled by Taunton Deane Borough Council which had the power to make the final decision.

Members heard that the old function room and skittle alley had been demolished and three new homes erected in their place but the considerable lowering of a high boundary wall down to 3.2 metres meant "you can see clean over the first floor windows in neighbouring properties," said Deane planning officer Matthew Bale. If the wall had not been lowered there would not have been any overlooking.

The homes had been built in the wrong place and not in accordance with the approved plans, he said. The development had been "shunted" because of the cellars behind the pub. It was a bizarre situation and was nothing like anything he had encountered before. The Deane could issue an enforcement notice requiring the buildings to be demolished but it was proposed to make a condition requiring obscured glazing in all of the first floor windows to prevent the overlooking.

Cllr Janet Reed said there had been a lot of grumbles from residents in the area about the development. The town council had been against the original application but she would be loathe to knock the homes down.

Cllr Bill Sparrow and Cllr Marcus Barr both felt that as the developer had erected the homes in the wrong place, which he was well aware of, he should be made to knock the homes down and rebuild in the correct position. If it was allowed, it would set a bad example and developers would think they could ignore planning.

They were supported by Cllr James Hunt who said it was not a mistake. "They knew what they were doing. They moved the houses because of the cellar. I think they should be told to rebuild it."

Cllr John Thorne said he was not confident that the Deane would enforce the obscure glazing condition.

Cllr Andrew Govier felt that obscured windows were "a proportionate response" to the overlooking problem.

However, in the end the town council agreed to recommend the Deane to refuse permission for the variation of the approved plans.