Artist in fresh attempt to keep his unlawful studio

AN artist who was told to knock down his studio after he built it without planning permission says he hopes it can stay.

Clive Hemsley lost an appeal against an order to demolish the building on his land at Greys Meadow in Rotherfield Greys last year.

A planning inspector who heard the appeal ruled that South Oxfordshire District Council was right to take enforcement action.

Mr Hemsley had argued that the three-storey building was not much bigger than the one he had previously proposed, which was approved by the council in 2017.

But inspector Justina Moss ruled the building caused “harm with regard to its effect on the character and appearance of the site and surrounding area”.

Now Mr Hemsley has submitted a retrospective planning application.

He has made changes to the landscaping around the building and hopes that by complying with all the other aspects of the council’s appeal decision that the studio will be allowed to stay.

Mr Hemsley, who moved from Hart Street, Henley, to Lyme Regis with his wife a year ago, said: “Everything has been stripped right back and we have taken down everything the enforcement notice has asked us to do, removed the tracks, sculptures, signage, the postbox and all the bunds. We have even had to move an olive tree in a pot.

“All the hardcore has gone, which was 30 grab loads, and also the steps and track so you can’t get to the studio without getting muddy. You will need boots.

“Now it is all down to the council. One of the conditions is to plant indigenous trees there but we have already put in 150 through previous planning permissions. There is an orchard which is now six years old and quite well established.”

Mr Hemsley has also dropped his initial plan to give art lessons at the studio. The council wouldn’t let me teach,” he said. “I wanted to teach terminally ill or disabled people in small classes but it is now a luxurious studio for one artist.”

He was originally granted planning permission to convert a stable into an art studio with storage.

This was to be a wooden-clad building with an 81 sq m footprint, including 100 sq m of floor space with a 24 sq m basement.

But the actual building has a
102 sq m footprint with 237 sq m of floor space across three storeys, including a porch that is larger than agreed.

It comprises a lower-ground floor studio, which opens on to a sunken patio and tiered garden, and galleries on the two upper floors with a kitchen and three toilets.

The council was also unhappy about an earth mound from excavations, an additional storage building and a number of outdoor sculptures. The postbox and sign were also installed without consent.

The inquiry heard that the building was in a slightly different position to that planned. Council planning officer Robert Cramp said the increase in the size and footprint of the development was “material” and “significant”.

Mr Hemsley sought advice from the council before submitting his latest application.

A planning statement by SMS Planning, of Middle Assendon, says that the “majority” of the items classed as “harmful” to the surrounding Area of Outstanding Natural Beauty have been removed.

It says: “If the principle of a building on this site were to be deemed harmful merely by its presence, then the previous approvals would not have been granted by the planning authority.

“It is acknowledged that the earthworks, bunds, courtyard and paving combined led to the conclusion that the building appeared overly engineered within the landscape, so being detrimental to the building’s ability to assimilate.

“The strip-out and infilling that has recently occurred is designed to deliver a more natural landscape, characteristic of the non-residential areas of the AONB.

“We would therefore suggest that the degree of harm caused by the studio is now far less significant and more in line with conclusions arrived at in granting planning permission for the change of use of a pre-existing run of stable buildings to be used as a private artist’s studio along with associated storage.

“The ground floor will continue to be used as a painting studio. The roof space will continue to be used as a canvas store. Limited headroom and eaves construction make it impractical for any other use.

“The basement will predominantly be used as a sculpture studio for painting larger canvases and for picture framing.

“It houses the framing materials store and workshop and the art materials store. The basement studio was designed to achieve 80 per cent natural light, hence the expanse of glazing at basement level on the south-eastern elevation.

“Natural light is incredibly important for an artist’s studio. The painting of larger canvases and for working on substantial sculptures requires the taller ceiling height the basement studio offers.

“The proposals seek permission for the retention of the existing studio building in its entirety, including the basement and entrance canopy, a limited amount of external paving immediately around the studio for access to plant and for building maintenance and a small lightwell to allow retention of the basement windows.

“This application does not seek planning permission for any form of residential use, overnight accommodation, commercial use or for parking provision. The applicant is happy to have use of the studio restricted to that of a private artist’s studio.”

Mr Hemsley has had planning disputes previously. In 2017, he installed a 26ft “living wall” of plants to help tackle air pollution on the eastern wall of his then home without permission. He also attached two strings of LED lights to each face of Henley Bridge without permission. He removed these after a retrospective application was turned down.

The council is due to make a decision by November 7.