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PART 1

EAST HAMPSHIRE DISTRICT COUNCIL

PLANNING COMMITTEE REPORT OF THE SERVICE MANAGER PLANNING DEVELOPMENT

Applications to be determined by the Council as the Local Planning Authority PS.381/2012 8 November 2012 SECTION 1 – SCHEDULE OF APPLICATION RECOMMENDATIONS

Item No.:1 The information, recommendations and advice contained in this report are correct as at the date of preparation, which is more than one week in advance of the Committee meeting. Because of the time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comments. Any changes or necessary updates to the report will be made orally at the Committee meeting.

PROPOSAL REPLACEMENT THREE STOREY DWELLING, ATTACHED GARAGE AND DETACHED GREENHOUSE/STORE WITH ASSOCIATED LANDSCAPING, FOLLOWING DEMOLITION OF EXISTING DWELLING AND OUTBUILDINGS (AMENDED DRAWINGS RECEIVED 4 OCTOBER 2012 AND 5 OCTOBER 2012; ADDITIONAL INFORMATION RECEIVED 15/10/2012) LOCATION: The Birches, Arford Common, Headley, Bordon, GU35 8AD REFERENCE : 51015/006 PARISH:Headley APPLICANT: Mr & Mrs Anderson CONSULTATION EXPIRY : 16 October 2012 APPLICATION EXPIRY : 29 October 2012 COUNCILLOR(S): Cllr A J Williams / Cllr R C S Millard SUMMARY RECOMMENDATION: PERMISSION

This application is referred to Committee at the request of Councillor Williams so that the design can be fully considered in terms of the character of development on Arford Common in accordance with Local Plan Policies GS3 (b) and (c) and HE1 (a) and (b).

13 Site and Development

The Birches is a 1890's style detached two-storey dwelling, in 1.6 acres of land outside the Settlement Policy Boundary, Conservation Area of Arford and the Local Gap. The application site is accessed via an unmade driveway, which runs south-westerly from Arford Common. The plot is rectangular and well-screened on all boundaries by a mix of mature trees, hedgerows and other vegetation.

Planning permission is sought for a replacement three storey dwelling of an innovative design, to be constructed on the same part of the site as the existing dwelling, although not on exactly the same footprint.

Relevant Planning History

51015 - Detached dwelling with garage following demolition of one dwelling, permitted in 2008 51015/001 - Refusal of consent to felling of trees in 2008 51015/002 - Felling and work to trees, Consent 2008 51015/003 - Felling and work to trees, Consent 2009 51015/004 - Felling and works to trees, Consent 2012 51015/005 - Felling and works to trees, Consent 2012

Development Plan Policies and Proposals

East Hampshire District Local Plan: Second Review

C5 - Local Landscape Features C6 - Tree Preservation GS3 - Protecting the Countryside E1 - Conservation of Energy H16 - Maintaining a Range of Dwelling Sizes outside Settlement Policy Boundaries P6 - Privacy and Daylight HE1 - Design HE8 - Development affecting the setting of a conservation area C11 - Gaps Between Settlements

Planning Policy Constraints and Guidance

Headley (Arford) Conservation Area Conservation areas are designated areas of special architectural interest, the character or appearance of which it is desirable to preserve or enhance. It is the quality and interest of the area rather than individual buildings which is important. The consequence of conservation area designation is not to preserve conservation areas unchanged but requires that new development is designed in a sensitive manner which has regard to the special character of the area.

14 The Council’s policy on allowing development within conservation areas is set out in Policy HE4 of the East Hampshire Local Plan: Second Review, where development will be permitted only where it would preserve or enhance the character or appearance of the area.

Headley Parish Plan 2006

Consultations and Town/Parish Council comments

Arboricultural Officer - No objection on condition that all work is carried out in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan.

Principal Conservation Officer -The unlisted property Iies adjacent but outside the conservation area. I am advised that there is a substantial tree screen to the west (which I see correlates to an Area TPO). It is also noted there is a previous permission for redevelopment. I have not made a site visit, but on the basis of these facts there is no immediate conservation area concern. The appropriateness of the design will be for others to determine. Reference in the D & A Statement is made to the opportunity to gain views out to the countryside beyond. The building would therefore have to be visible from outside the site. This may be something to bear in mind when considering the more general impact.

County Ecologist - Originally advised that further information should be sought regarding the potential for bats to be roosting in the existing dwelling. Also, clarification was sought regarding the potential of the site with regards to other protected species, including reptiles. Further comments: 22/10/2012 Bats The applicant's ecologist has provided additional comments on the soffit hole. I believe that this demonstrates that the soffit is not particularly suitable roosting habitat. I would completely agree with the ecologist in the assessment that a hole of this nature is certainly less suitable, and given that it provides no access to wall cavities, I would be satisfied that the development is unlikely to result in an offence against the EU directive that protects bats. I would therefore raise no further concerns over this. Reptiles The applicant has submitted amended marked up plans showing the new line of the tree protection fencing. This would appear to be a good solution to protecting reptile habitat during the works while also giving reptiles represent a continuation of habitat, protected during the works. All I would suggest is that prior to the erection of the amended tree protection fencing, the vegetation outside the proposed tree fencing is sensitively strimmed to encourage any reptiles on the outside of the fenced area to migrate towards the habitat that will be retained and protected inside the fencing. If this is done in spring / summer / autumn, this should be done in two stages - first, strim slowly and evenly down to about 20cm (working towards the retained area rather than away from it) and leave for 24 hours or so, then strim down to shorter / ground level. This will allow reptiles to move into the protected area, and make the affected habitat inhospitable.

15 Alternatively, as these areas do not appear to present hibernation potential, the areas that would be outside the protective fencing could all be mowed in the winter, and just kept short so only the sections to be protected by the fencing are left rougher / longer. It would also be of benefit to put in a small log-pile in any retained area if this is compatible with the applicant's aspirations, to provide a bit of extra cover. I would suggest that it may not be possible to secure all these general management / clearance works under a condition, as it may fall out of the remit of what constitutes development. An informative note advising on the need to carry out vegetation clearance in a manner that avoids killing / injury of reptiles may be more appropriate. However, I would suggest that the amended layout of the tree protection plan is secured through a planning condition, to ensure that killing / injury of reptiles is avoided during the development.

Headley Parish Council - We OBJECT to the design of the proposed dwelling which is not in keeping with the existing houses on the Common and which stands in a prominent position. The design is contrary to Policy GS2 (b).

Representations

Nine representations have been received, seven raising objections and two supporting the application. Issues raised are: a) box-like design would be out of character with other buildings in the area; b) pitched roofs are considered to be an important feature in the area; c) would be visually prominent in the area; d) changes in levels between properties in the area and the proposed materials and colour of the building would increase its visual prominence and dominance; e) 'ugly' building would not be adequately screened by trees; f) support principle of an eco-friendly house, but could be designed in a more sympathetic way; g) loss of privacy; h) modern, energy efficient design that would fit into its surroundings; and i) well-screened by trees from outside site.

Determining Issues

1. Principle of proposal and Policy H16 of the Local Plan 2. Design and Impact on the character of the area 3. Impact on the amenities of neighbours 4. Parking and highways safety 5. Protected species 6. Use of renewable energy

16 Planning Considerations

1. Principle of proposal and extent of development permitted under Policy H16 of the Local Plan

The existing dwelling is a fairly modest traditional pitched roof cottage. It is not listed and permission has previously been granted to demolish and replace it, although that permission has now expired. The principle of demolishing and replacing the dwelling is acceptable - the Local Gap designation is not of any significant concern because this is not an undeveloped area of land. Due to the countryside location, there is a restriction on the amount of increase in habitable floor area that is allowable under Policy H16 of the Local Plan.

The original (1974) dwelling had a floor area of some 160 square metres and the proposed would have a habitable area of 240.25 square metres, an increase of 49% over the original. It would also have some external sitting areas on terraces and balconies. These would have to be required by condition to be retained as open areas so as not to contravene Policy H16. It is also recommended that the open car ports and the garages only be used for parking and domestic storage in order to comply with Policy H16. With these conditions, the proposal is considered that the principle is acceptable, subject to an assessment of other planning issues.

2. Design and Impact on the character of the area

The site is just outside the Arford Conservation Area but the Conservation Officer has not raised any specific concerns about the impact on the setting of the conservation area.

The design, scale and materials of the building are the main issues of concern to the objectors to the application. The dwelling would be of a 'modern' design with a flat roof and 'box-like' structure. Whether one likes this or not is a matter of personal taste. With respect to design, the National Planning Policy Framework states that great importance is attached to design by Government. Good design should contribute positively to making places better for people (paragraph 56). Paragraph 58 states that whilst design should respond to local character and history, local planning authorities should not prevent or discourage appropriate innovation. Paragraph 59 states that design policies should avoid unnecessary prescription and should concentrate on guiding the overall scale, density, massing and materials in relation to neighbouring buildings and the local area. In paragraph 60, local planning authorities are advised not to attempt to impose architectural styles or particular tastes and not to stifle innovation, although it is stated to be proper to seek to promote or reinforce local distinctiveness. Policy HE1 of the Local Plan covers general design issues. The text following the policy refers to contemporary design (paragraph 3.87). It states that 'contemporary designs should respect the context for development, in relation to both the immediate setting and the defining characteristics of the wider local area including local or regional building traditions and the use of local materials.' To summarise, contemporary design is not ruled out but it should take the character of the area into account.

17 The guidance from Government emphasises control over overall bulk, mass and scale rather than design details, although Local Plan policy is concerned about design reflecting the character of the area. Several of the objections refer to the 'character' of development on Arford Common and to this proposal not being sympathetic to this. This is an innovative design in the context of Arford Common. However, it is outside the conservation area, where development of a more 'traditional' nature is concentrated. An innovative design in this location could have the effect of emphasising the special character of development within the adjacent conservation area. Design of dwellings on Arford Common is quite varied, reflecting the styles of their times, from traditional cottages to 1970s bungalows and 1980s and 1990s 'estate' type houses. It is not considered that there is a unique character to development on the common, which this site should necessarily follow. The site stands on its own, so whilst there would be glimpses of the dwelling from outside the site, through the surrounding vegetation, it would not be viewed in a 'streetscene'. In officers' view, this gives scope for a dwelling that is different or innovative in design. There is some concern about the fact that the site is at a higher level than some of its neighbours. However, the dwelling, whilst being 3 storey, would only be 8.7m in height. That is a fairly typical height for a 2 storey dwelling with a pitched roof, although the second floor would be bulkier than a standard pitched roof, so the dwelling would appear higher than a traditional two-storey house with pitched roof. Nevertheless, the design is such that the bulk tapers off on the second storey, breaking up the overall massing and adding interest to the elevations. The use of quality materials will be important and this is recommended to be controlled by condition. Given the distances between this dwelling and its neighbours, it is not considered that it would tower over or dominate them. Glimpses of dwellings through trees are a common feature on Arford Common and despite the white colour shown for the second storey, it is not considered that the impact on the character of the area would be unacceptable.

3. Impact on the amenities of neighbours

Concerns have been raised about overlooking by neighbours as there would be accommodation, including sitting areas on the second floor of the building. However, the closest dwelling is over 40 metres away from the proposed dwelling. Whilst some views into gardens may be possible through the trees, this would not be sustainable as a reason for refusal.

4. Parking and highways safety

There is an existing access to the site and ample space for parking and turning. It is recommended that the garages be required, by condition, to be used for parking and domestic storage only and not converted to habitable accommodation. However, this is recommended in relation to the restrictions on extensions to dwellings under Policy H16 of the Local Plan rather than as a highway safety measure.

5. Protected species

The application included a bat survey as it involves the demolition of a dwelling in a site with significant trees on and around it.

18 The County Ecologist requested further information and following the applicant's response to this, has no objection subject to conditions and notes as recommended.

6. Use of renewable energy

The dwelling has been designed to be energy-efficient and to incorporate renewable energy production on-site. It is recommended that this be required by condition to be provided.

Response to Parish/Town Council Comments

Headley Parish Council objects to the design in its prominent position. The parish refer to the proposal being contrary to policy GS2 of the Local Plan but that policy is specific to determining applications within settlement policy boundaries, which this site is not. It is acknowledged that the design is different from other dwellings on Arford Common; however, the dwelling is not considered unduly prominent, set on a large and wooded site. Design issues are considered in the report above - planning authorities are guided by the National Planning Policy Framework to consider the scale, massing and materials rather than to prescribe a type of design.

Conclusion

It is concluded that, in its context, an innovative design such as this would be acceptable. The dwelling would be in accordance with size restrictions set out in Policy H16 of the Local Plan and there would not be an unacceptable impact on the amenities of the neighbours or the character of the area. Highways safety and protected species would not be adversely affected. The proposal is in accordance with Local Plan policies.

RECOMMENDATION

PERMISSION subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission. Reason - To comply with Section 91 of the Town and Country Planning Act 1990

2 Notwithstanding any indication of materials that may have been given in the application or in the absence of such information, no development shall start on site until samples / details including manufacturers details of all the materials to be used for external facing and roofing have been submitted to and approved in writing by the Planning Authority.

The development works shall be carried out in accordance with the approved details. Reason - To ensure that the materials used in the construction of the approved development harmonise with the surroundings.

19 3 Before any part of the development is first occupied, a verification report and completion certificate shall be submitted in writing, to the Planning Authority, confirming that the built development hereby permitted incorporates measures that provide at least 10% of the predicted energy requirement from on-site renewable sources, or, provided that first agreed in writing by the Planning Authority before development starts on site, an alternative means of achieving an equivalent energy saving. The developer shall nominate a competent person for the purpose of assessing and providing the above required report and certificate to confirm that the completed works incorporate such measures as to provide the required energy savings. The energy saving works set out in the above report shall, thereafter, be maintained so that the required energy saving is sustained at the certified level for the lifetime of the development.

(Note: - The carbon savings which result from these measures are required to be above and beyond any savings provided by measures incorporated into the development to comply with Part L Building Regulations). Reason - To ensure that the development incorporates necessary mitigation and adaptation measures with regard to climate change.

4 The garages and carports hereby permitted shall be used only for the parking of private motor vehicles and ancillary domestic storage and for no other purpose. They shall not be converted into accommodation or used for any other use thereafter. Reason - In the interests of highway safety and the amenity of the area and to comply with Policy H16 of the Local Plan with regard to the dwelling size.

5 No development shall start on site until plans of the site showing detail s of the existing and proposed ground levels, proposed finished floor levels, levels of any paths, drives, garages and parking areas and the proposed completed height of the development and any retaining walls have been submitted to and approved in writing by the Planning Authority. The details shall clearly identify the relationship of the proposed ground levels and proposed completed height with adjacent buildings. The development thereafter shall be carried out in accordance with the approved details.

Reason - To ensure that a satisfactory relationship results between the new development and adjacent buildings and public areas.

20 6 No development shall start on site until a detailed boundary treatment plan has been submitted to and approved in writing by the Planning Authority. The plan shall include details of the positions, design, materials/species of the boundary treatments to be erected/planted. The approved details shall be fully implemented before the use of the development is commenced and/or any part of the development is occupied and shall be retained thereafter. Reason - To ensure an appropriate standard of visual amenity in the area and to safeguard the privacy and amenities of the residents of the locality.

7 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any Order revoking and re-enacting that Order) no development falling within Class/es A to C of Part 1 of Schedule 2 shall be carried out without the prior consent of the Planning Authority, through submission of a formal planning application Reason - The site lies in a rural area where it is considered that further development may be detrimental to the character of the area and as such be contrary to the adopted policies of the Planning Authority which aim to retain a range of dwelling sizes in the countryside.

8 No development shall start on site until details of any surface water drainage have been submitted to and approved in writing by the Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding. The development works shall be carried out in accordance with the approved details before any part of the development is occupied and shall be retained thereafter. Reason - To ensure adequate provision for drainage.

9 All works hereby permitted shall be carried out in strict accordance with the approved Arboricultural Method Statement prepared by Martin Dobson Associates dated 20 August 2012 and Tree Protection Plan (drawing Appendix MD4) received by the Planning Authority on 3 September 2012, as amended by drawing MD4 received 15 October 2012 Reason - To ensure that the trees on and around the site are adequately protected from damage to their health and /or amenity value and that reptiles are protected during development.

10 The open kitchen terrace at first floor level and upper terrace at second floor level shall be retained in the open form as approved and not be enclosed. Reason: To restrict the habitable area of accommodation in accordance with Policy H16 of the Local Plan.

21 11 The development hereby permitted shall be carried out in accordance with the following approved plans and particulars:

Application form Design, Access and Energy Statement Bat Survey Email dated 13 October 2012 with accompanying drawings, received 15/10/12 Tree Survey and Protection plan Dwg no. 12/31/D 01 - location and block plan Dwg no. 12/31/D/02 - existing floor plans Dwg no. 12/31/D/03 - existing elevations Dwg no. 12/31/D/05 - site and block plan Dwg no. 12/31/D/06 - proposed ground floor plan Dwg no. 12/31/D/07 - proposed first floor plan Dwg no. 12/31/D/08 - proposed second floor plan Dwg no. 12/31/D/09 - proposed north and west elevations Dwg no. 12/31/D/10 rev A - proposed east and south elevations Dwg no. 12/31/D/11 - green house plans and elevations Dwg no. 12/31/D/12 - perspective view 1 Dwg no. 12/31/D/13 - perspective view 2 Dwg no. 12/31/D/14 rev A - landscape plan site survey Dwg no. 12/31/D - photographs

Reason - To ensure provision of a satisfactory development

Informative Notes to Applicant:

1 The Council has granted permission because:

It is concluded that, in its context, an innovative design such as this would be acceptable. The dwelling would be in accordance with size restrictions set out in Policy H16 of the Local Plan and there would not be an unacceptable impact on the amenities of the neighbours or the character of the area. Highway safety and protected species would not be adversely affected. The proposal is in accordance with Local Plan policies.

It is therefore considered that, subject to compliance with the attached conditions and taking into account all other material planning considerations, including the provisions of the development plan, the proposal would be acceptable. This also includes a consideration of whether the decision to grant permission is compatible with the Human Rights Act 1998.

22 2 The applicant is advised that there is a fee for the discharge of conditions relating to this application. A single fee will apply to each batch of conditions submitted for discharge at the same time. The information to discharge a condition will not be accepted by the Council without the appropriate fee. The schedule of fees can be found on the Council's website.

3 You are advised that any clearing of vegetation should be carried out in a manner that avoids the killing or injury of reptiles, which are protected species.

4 The applicant is advised that because this dwelling lies in a rural area where restrictive planning policies apply and where new development is not normally permitted the Planning Authority is unlikely to favour any further proposals to enlarge the premises.

5 The hours of construction and demolition should be limited to 08.00 - 18.00 Mondays to Fridays, 08.00 - 13.00 Saturdays, and not at all Sundays or Bank Holidays, including site traffic and deliveries.

6 No bonfires should be permitted on site at any time during the demolition and construction and any waste should be suitably disposed of.

7 The calculation of predicted energy requirement for the development should include space heating, hot water heating, cooking, and lighting, cold and hot appliances and wet appliances. Other energy consumption associated with the development such as street lighting and utilities must also be included.

In some cases, where proven low carbon fuel is used to provide energy for the above, calculations can include the renewable energy contribution (kWh/yr) based on CO 2 savings (kg CO 2 /yr)

To calculate the predicted CO 2 emissions from each dwelling, SAP 2005 is a suitable method to be adopted, and one which is used by the Building Regulations, it also provides a good level of design flexibility. The predicted energy consumption using SAP methodology must be increased by about 9% to allow for hot appliances, cold appliances and wet appliances and cooking, which are not considered by SAP 2005. It is recommended that an Authorised SAP Assessor is used to prepare the calculations but this is not necessary in every case.

For further practical information regarding the 10% renewable rule, see the Energy Saving trust guidance booklet (CE190) www.energysavingtrust.org.uk/uploads/documents/housingbuildings/CE1 90%20-%2010%20per%20cent%20guide.pdf

23 Other guidance can be found in BREEAM: ecohomes document, visit www.Ecohomes.org

For SAP 5005 visit the BRE web site.

You may contact us if you have any queries regarding the calculation methods, we can also offer a competitive calculation service from within this council by qualified energy assessors if you are having difficulty meeting this requirement.

CASE OFFICER: Nicky Powis 01730 234226 ———————————————————————————————————————

24 SECTION 1 Item 1 The Birches, Arford Common, Headley, Bordon, GU35 8AD

Block plan

25 SECTION 1 Item 1 The Birches, Arford Common, Headley, Bordon, GU35 8AD

West elevation

North elevation

26 SECTION 1 Item 1 The Birches, Arford Common, Headley, Bordon, GU35 8AD

East elevation

South elevation

27