58-0364-13-F Hollacombe Wood

Case Officer: Mrs Clare Stewart

Application No : 58/0364/13/F Date received: 29 January 2013

Agent/Applicant: Applicant: Neil Ayres Mr R Staddon N W Ayres Dodovens Farm 12 Coles cottages Brixton Down Thomas Plymouth Wembury PL8 2BJ PL9 0BY

Site Address: Site at SX527505, Land off access road to Hollacombe Wood, Hollacombe Brake, Wembury

Development: Proposed demolition and replacement of existing light industrial unit with three bedroom dwelling house

Scale 1:1250

This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office (c) Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South Hams District Council 100022628. 2013. Scale 1:1250 For internal reference only – no further copies to be made

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Consultations:

• County Highways Authority – The Highway Authority has a non overriding sustainability objection unless the Planning Authority considers the proposals are justified in terms of a need to convert the building.

• Environmental Health Section - No objection subject to standard contaminated land conditions. The Phase 1 report has identified made ground on site which is of unknown origin therefore further works are suggested.

• Building Control – See Building Control for Building Regulations requirements

• Wembury Parish Council – No objection

Site Description

The site is situated at Hollacombe Brake, a short distance to the north east of the access onto Wembury Road. Hollacombe Wood lies to the north and east of the site, with neighbouring residential properties immediately adjoining the site to south and south west (Hollacombe House and Leewood). Access into the site is provided by a track which runs from Hollacombe Brake close to the junction with Wembury Road along the south east boundary of the site and on into Hollacombe Wood (managed by the Woodland Trust). It is understood that the track is used by members of the public to access the woodland but it is a permissive path and not an adopted Public Right of Way. Further residential properties are located to the south of the track. The site currently contains several buildings, the largest of which is a single storey industrial unit with an external lifting hoist. The building is currently being used as a storage facility. There are number of trees within the site along with meadow grassland.

The site is located outside of any Development Boundary. It is within the South Devon Area of Outstanding Natural Beauty. Hollacombe Wood is an Ancient Woodland and protected by a Tree Preservation Order. There are no protected trees within the application site.

The Proposal

The application proposes the demolition of the industrial unit and replacement with a three bedroom dwelling. The new dwelling will occupy the same footprint as the existing building. The overall form and massing will also be the same as the existing building, with additional accommodation provided by excavating below the existing ground level. Bedroom and bathroom spaces will be provided at ground floor level, with kitchen and living accommodation on the lower ground floor. The new dwelling will face into the application site towards the north west, with timber framed glass doors opening onto a garden area. A balcony/walkway will be inset into the north west elevation at ground floor level, with access doors from two of the bedrooms. The balustrade to the balcony/walkway will be constructed in frameless glass. The main entrance door will be located on the north east (side) elevation, with narrow window openings on the south west and south east elevations. External walls will be finished in coursed local stone, and set under a pitched sedum roof. Rooflights will be situated on the front and rear roof slopes, with two sets of photovoltaic panels on the rear

DC0901MW elevation. Stainless steel flues will also be situated on the front and rear roof slopes, with galvanised steel rainwater goods.

Material Planning Considerations

Loss of industrial unit Principle of a dwelling Design, scale and materials Visual impact Highways Impact on neighbours Contamination Ecology

Planning History

58/0295/12/PREMIN, Pre-application enquiry for conversion, extension and external alterations to create "live/work" unit, land at Hollacombe Brake Farm, Wembury – not concluded

58/0593/00/O, Outline application for the construction of 3 earth sheltered houses, Hollacombe Brake Farm, Hollacombe, Wembury – dismissed on appeal

58/0175/87/3, Extension for toilet and installation of septic tank and soakaway, Hollacombe Brake, Wembury – conditional approval

58/0563/85/4, Change of use from storage building to Light Industrial, (manufacture of cardboard boxes), Land adjacent to Hollacombe Brake, Wembury – allowed on appeal

58/0684/80/1, Bungalow, Hollacombe House, Wembury – dismissed on appeal

58/0969/74/1, Private dwelling house by conversion of farm building, site behind Leewood and Hollacombe House Wembury – refusal WB/273/73 Outline application for erection of bungalow and garage at O.S.7451 and Pts. 7061 & 8962, Hollacombe, off Wembury Road, Wembury – refused

WB/104/72 Outline application for erection of a dwelling at O.S.7451 and Pts. 7061 & 8962, Hollacombe, off Wembury Road, Wembury – refused

WB/456/70 Outline application for erection of five bungalows and garages at O.S.7451 and Pts. 7061 & 8962, Hollacombe, off Wembury Road, Wembury – refused

Planning Policy

Devon Structure Plan

Policy ST5: Development Priority – states that in the open countryside development should be strictly controlled.

Policy TR10 : Strategic Road Network and Roadside Service Area requires the road network to be maintained and enhanced so as to minimise the impact of traffic, reduce congestion, improve safety, promote environmental and economic enhancement and maximise

DC0901MW operational efficiency. Development proposals should not adversely affect the road network in terms of traffic and road safety, and access to the network should not detract from, or conflict with, the function of the route.

Policy CO1: Landscape Character and Local Distinctiveness – seeks to ensure that the distinctive qualities and features of Devon’s Landscape Character Zones are sustained and enhanced.

Policy CO3: Area of Outstanding Natural Beauty – development must support the conservation or enhancement of AONBs or foster their social and economic well-being provided that such development is compatible with their conservation.

Core Strategy

Policy CS1 – Location of Development – Development that is not proposed within a recognised area and local centres and villages will be strictly controlled and only permitted where it can be delivered sustainably and in response to a demonstrable local need.

Policy CS7 – Design – requires development proposals to include and promote good design that respects local distinctiveness respects the character of the site and its surroundings in order to protect and enhance the built and natural environments.

Policy CS9 – Landscape and Historic Environment – states that the quality, character, diversity and local distinctiveness of the natural and historic environment will be conserved and enhanced.

Policy CS11 – Climate Change development must reflect the need to plan for climate change, through addressing its causes and potential impacts.

Development Plan Document Policies

DP1: High Quality Design: All development will display high quality design which, in particular, respects and responds to the South Hams character in terms of its settlement and landscape.

DP2: Landscape Character: Development proposals will need to demonstrate how they conserve and/or enhance the South Hams landscape character, including coastal areas, estuaries, river valleys, undulating uplands and other landscapes.

DP3: Residential Amenity: Development will be permitted provided it does not have an unacceptable impact on the living conditions of occupiers of nearby properties. Unacceptable impacts will be judged against the level of amenity generally accepted within the locality and could result from: loss of privacy and overlooking; overbearing and dominant impact; loss of daylight or sunlight; noise or disturbance; odours or fumes.

DP4: Sustainable Construction: Development should be adaptable, use locally sourced materials where possible, be sited and orientated to maximise passive solar gain, and be carried out to the highest standards of sustainable construction where viable and practicable.

DP7: Transport Access and Parking: Development should: provide priority to pedestrians, cyclists and users of public transport, over the private car. This will be achieved, in part, through the creation of links between new development and existing pedestrian, cyclist and

DC0901MW public transport networks; provide for safe, easy and direct movement; have safe and adequate means of access, egress; materially impair highway safety or traffic movement; and not detract or conflict with the transport function of the road.

DP14: Protection of Employment Land : Development proposals that result in the loss of employment land (including Use Classes B1, B2 and B8) will only be permitted where it can be demonstrated that: a. the employment use of the site is no longer viable, and has no prospect of becoming so; or b. there is sufficient supply and variety of alternative available employment uses to provide a range of employment opportunities in the local area; or c. the use is no longer appropriate in its context and there is a suitable replacement site available in the same locality; or d. the nature of the employment provided is not of strategic importance to the wider economy nor has locational requirements that could not be met elsewhere. Where change of use of an employment site is considered acceptable, mixed use development will be sought.

DP15: Development in the Countryside : Within the countryside, development will be permitted where it requires a countryside location and: supports the essential needs of agriculture or forestry interests; or meets the essential, small scale, and exceptional local development needs of a settlement which cannot be met within development boundaries. All development in the countryside should: make use of suitable existing buildings or previously developed land before proposing new buildings or development of greenfield land; be well related to an existing farmstead or group of buildings, or be located close to an established settlement; and be complementary to and not prejudice any viable agricultural operations on a farm and other existing viable uses.

South Devon AONB Landscape Character Appraisal

Open coastal plateaux – high, open, gently undulating or rolling plateaux, dissected by deep combes. Settlement pattern is sparse, with isolated farms or large houses with several villages.

National Planning Policy Framework (NPPF)

The NPPF sets out the Government’s presumption in favour of sustainable development. The presumption in favour of sustainable development should be applied in assessing and determining development proposals.

Local Planning Authorities “ should normally approve planning applications for change to residential use and any associated development from commercial buildings (currently in the b use classes) where there is an identified need additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate .”

“To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as:

DC0901MW the future of heritage assets; or • where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or • the exceptional quality or innovative nature of the design of the dwelling. Such a design should: o be truly outstanding or innovative, helping to raise standards of design more generally in rural areas; o reflect the highest standards in architecture; o significantly enhance its immediate setting; and be sensitive to the defining characteristics of the local area .”

“The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people .”

“Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty .”

Representations

38 representations in support of the application have been received. The reasons for support are summarised as follows:

• Development of an unused industrial building for housing is sound planning policy. • Site would benefit from proposed development, the existing building is an eyesore and the site has been left to deteriorate which may present a danger to wildlife. • Existing building does not fit into its surroundings due to the noise when in use and its appearance. • The new building would be unobtrusive, have limited visual impact on neighbouring properties, and fit into the surrounding area. Small bungalows and houses along Wembury Road and Traine Road have been converted into much larger houses that are now visible on the skyline. • Proposal is for a sustainable dwelling that will enhance the site and be more befitting to the area. The design is in keeping with the scale, character and appearance of the area. • Affordable, eco-friendly family home for a local young couple. It would be a travesty if this hard working local family were denied the opportunity to build their eco-friendly family home. Applicants run local businesses serving the community, and are soon to have their first child. • Lack of affordable housing for local people in the South Hams, particularly with many second home owners and developers coming in from outside the area causing house prices to increase. Young families who will work in the area and use local facilities should be given fair opportunities to build where possible. Young families should be encouraged to settle and help develop the local community. • Applicants plan to use local tradesmen where needed and source materials locally. • Previous owner of the site did not have any insurmountable problems with vehicle access including personal vehicles and delivery vehicles. If permission is granted there will be less and lighter use of the access than if it were another business. A single family dwelling as proposed would be less intrusive and destructive.

DC0901MW • Industrial use would be likely to create more noise which has caused a nuisance to neighbours in the past. A domestic property would be more in keeping with the general area. • Access is already used by other residents, a busy farm and a quarry. There is also a 30 mile per hour speed limit along Wembury Road and sufficient visibility. • There will be sufficient space for vehicles to turn around within the site once finished so cars do not have to reverse onto the main road which existing residents currently do. • Understand concerns regarding safety of dog walkers – the property will be used as a domestic dwelling so there will be no unfamiliar drivers or industrial vehicles using the lane. Applicant has also agreed to a lay-by to ensure dog walkers safety. The amount of traffic from the site will be reduced. • Issue of road safety at the junction to Wembury Road is a separate matter which should be tackled for the sake of other residents and should not stand against this application. Comments about the speed of traffic through the village would be better directed to the police. • History of animosity over the industrial use of the site, and the proposal would remedy the concerns of neighbours in terms noise and traffic. • Proposed dwelling would overlook a public open space which would increase natural surveillance and deter anti-social behaviour. • Previous applications which were refused on the site were for more than one dwelling. This application is for only one dwelling which will have less of an impact on the local area. • SHDC need to give planning permission for more houses to be built.

Three of the representations received expressing support made no detailed comments.

Eleven objections have been received. The issues raised are summarised as follows:

• The land has not been used for residential purposes previously. Doing so would be in direct view of many properties that have been in place for many decades. • Insupportable given the proximity to other properties. • Lack of reasonable access. • Historically SHDC has taken the view that the site is not for development. Local Authorities have statutory duty to conserve and enhance the natural beauty of the AONB. Query whether Agent, who lives in the Wembury area, would be supportive if a house was being built at the bottom of their garden? • How many times does a parcel of land have to be declined for planning before the Council decides no further applications will be accepted? • Overlooking/loss of privacy – houses along Wembury Road would be overlooked from the new house and garden. Existing right of way over the land would affect the privacy of the new house. • New house is squeezed into a tiny corner of the land – is this so the plot can be split at a future date? • Three bedroom property has been squeezed onto the footprint of the existing building, a large proportion of which will be built underground requiring major earthworks. This does not appear to equate to a “low impact self build”. • Question how machinery and supplies/building materials will be delivered to site safely.

DC0901MW • Questions about what will happen to the rest of the site? Will all the trees be felled and the area turned into a domestic garden? Will the site be split up and sold for further building plots for more homes? • If one house is agreed, sets a precedent confirming that SHDC believes the access to the woods can be safely used by vehicles. Woodland Trust comments indicate they think otherwise. • Access appears to have been an issue for many years. The only safe access onto the site if from Hollacombe House or Leewood. There is limited parking for visitors in Hollacombe Brake and dustbin men have problems reversing their lorry to empty the bins. Where will the new house leave its bins to be emptied? How would an ambulance or fire engine access the new dwelling? • Exiting onto Wembury Road from Hollacombe Brake is very difficult due to high hedges, the bend in the road and the speed of vehicles as the 30 miles per hour limit is often ignored. Any extra vehicles are going to add to the risk of an accident. Presently the existing building generates two vehicle movements a day, there are no HGVs as they would not fit. Daily comings and goings of a family would be worse. • Access situation has not changed since previous applications were turned down. • Views of woodland from neighbouring properties, would welcome the Council visiting to see if a Tree Preservation Order should be put in place. Wildlife using the woodland area would also be disturbed when there are other proper building plots freely available. • Walkers using the woodland area sometimes park their cars in the entrance which restricts access to the site. • The access to the site has been disputed since it was no longer required for the use of the quarry. • Development when completed would cause a nuisance in terms of noise and traffic, and boundary hedging will get more wear and tear from vehicles. • Private right of way exists behind the existing building, and a house built in that location would not be safe for children to play outside. Neighbouring land owner will not be able to drive directly behind the new family home along their right of way. • Construction of the new dwelling would be extremely detrimental and disruptive to residents. • No economic benefits – there are always houses for sale in the area if the owner wishes to live in Wembury. If you really want to build your own home, you a buy a plot with planning permission. • Feel the house could be a commercial venture. • Consider land should still be classified as agricultural – when and why was the workshop give B1 light industrial use? The original purpose of the building was as a piggery. • The main purpose of the access track for is for those walking into Hollacombe Woods. Countryside and Rights of Way Act 2000 states the “quality of experience for users of the trail” should be maintained. • Landslide on bank that adjoins the track. • Concern about damage to neighbouring land and property. • Industrial use is currently being investigated by solicitor. • Concerns about consistency in the Council’s decision making. • Many supportive comments received from people living outside Wembury, hope that it is only the opinion of locals that counts.

DC0901MW • Covenant for the land states that nothing should be done which may become a nuisance to the owners or occupiers of adjoining lots – would like to seek further advice on what this means. • Neighbour has had no contact with Applicant.

Some objections included photographs and additional supporting documentation including details of previous planning decisions and title deeds.

Three of the objections received made no detailed comments explaining the reasons for concern. One letter of objection raised a number of civil issues which are not material to the consideration of this planning application. Two letters were submitted by one objector.

Analysis

Planning History

History of Site

It is understood that the site was historically used as an agricultural smallholding. The earliest identified planning record for the site dates from 1970, when an outline application for five bungalows was refused on the grounds of undesirable backland development, intrusion into the AONB, and non-essential development in the Coastal Preservation Area (ref. WB/456/70). Two subsequent applications for single dwellings on the site were refused in 1972 and 1973 (refs. WB/104/72 and WB/273/73) were refused on the grounds of undesirable backland development served by an inadequate access, intrusion into the AONB, and non-essential development within the Coastal Preservation Area.

A planning application relating to the building to be demolished as part of this application for “Change of use from storage to Light Industrial (manufacture of cardboard boxes)” was refused in April 1985 (ref. 58/0563/85/4). Planning permission was subsequently granted on appeal subject to conditions including requirements for disposal of sewage, rendering of the building and landscaping to be addressed prior to commencement of the use. A further condition states:

“The use hereby permitted shall take place only between the hours of 0800 and 1800 Mondays to Fridays and 0800 and 1300 Saturdays and on no other days .”

There is no condition relating to the specific use of the building. Since the appeal was allowed light industrial use has been subsumed into Class B1(c) of the Use Class Order.

Two Enforcement Notices were issued in 1986, one of which has since been cancelled but the other appears to remains outstanding. The live notice (ref. 3/W56) requires the cessation of the use of the building for light industrial purposes and the removal of all fixtures, tools, machinery and equipment used for the manufacture of goods. The reason for issuing the notice was stated as details to address the conditions relating to sewage and landscaping had not been submitted and agreed prior to commencement of the use, which had an unacceptable impact on neighbouring properties. The Council’s records indicate that details in respect of the sewage and landscaping were submitted and agreed in 2001. A letter from the Council dated 12 July 2001 states that once the details have complied with/implemented, the Council will be in a position to withdraw the Enforcement Notice. There is no correspondence on file confirming that the agreed details were implemented and the Enforcement Notice remains on the Land Charges Register. A later Enforcement Notice

DC0901MW relating to operational development on the land was served in 1993 but later withdrawn in 2000.

Whilst there is still a live Enforcement Notice relating to the site, given the length of time that has passed since it was originally served (in excess of 20 years) it does not preclude the Council from determining the current application.

The most recent formal application on the site was for three “ earth sheltered houses ” which was dismissed on appeal in September 2000 (ref. 58/0593/00/O). In considering the appeal, the Inspector concluded that the development proposed would significantly harm the character and appearance of the area and would not preserve or enhance the AONB. The nature of the site would be altered by domestic effects such as fencing and parking provision, and the comings and goings of residents and visitors. The Inspector was not convinced by arguments for new landscaping or that the clearance of the site would bring overwhelming benefits, noting that the existing structures were significantly smaller than the proposed dwellings. They also considered that the development would result in an increase in traffic using the sub-standard access junction, particularly given the small scale of the permitted premises and limitations on their daily use. The loss of the employment opportunity presented by the permitted use added weight to the objection to the proposal.

History of Surrounding Area

An application to erect a single dwelling in the rear garden of the neighbouring property immediately to the south of the application site (Hollacombe House) was refused in 1980 and an appeal dismissed in 1981 (ref. 58/0684/80/1). In considering the appeal, the Inspector noted that there were no special circumstances to warrant a departure from the Council’s policies in respect of the Coastal Preservation Area and the South Devon AONB which only permitted development that was essential for the needs of agriculture or public interest. A later application to construct a dwelling to the west of Hollacombe House was refused in 1986 and dismissed on appeal in 1987 (ref. 58/1047/86/1). The Inspector again concluded that there were no special circumstances to justify going against the Council’s policies with regards to development in the AONB and Coastal Preservation Area.

A review of the application file relating to the above case revealed a plan prepared as part of the appeal which identified a history of approvals and refusals for new dwellings in Hollacombe during the 1960s and 1970s. More recently an application for a new dwelling (now known as Treetops) was approved in 2001(58/1092/01/RM) on a site between two previously existing dwellings. Over time Hollacombe has developed in a linear form, with the majority of dwellings set back from the eastern side of Wembury Road with long gardens facing the open countryside to the east. A further row of dwellings has developed along Hollacombe Brake.

Planning Policy

Loss of employment space

The NPPF states that the re-use of previously developed land should be encouraged providing that it is not of high environmental value. It also states that LPAs “ should normally approve planning applications for change to residential use and any associated development from commercial buildings (currently in the B use classes) where there is an identified need for additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate .”

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Policy DP14 of the Development Policies DPD seeks to protect employment land unless it meets certain criteria which are detailed in the policy section above. The existing light industrial building on the site is currently being used for storage. The previous owner has advised that the building was put up for sale in 2009 on the understanding that they would be willing to let the premises out if necessary. Whilst some interest was generated from prospective purchases this did not amount to a sale. The current applicant made an approach to buy the site in late 2011 which was subsequently agreed.

Officers are satisfied that the existing building is not of strategic importance nor has locational requirements that could not be met elsewhere in the district. In addition there does not appear to be any real demand for the building as an industrial unit. On balance it is considered that the loss of the employment space is acceptable and in accordance with Policy DP14 and the NPPF.

Principle of a dwelling

The NPPF sets out a presumption in favour of sustainable development. It states the following in relation to housing in rural locations:

• the essential need for a rural worker to live permanently at or near their place of work in the countryside; or • where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or • where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or • the exceptional quality or innovative nature of the design of the dwelling. Such a design should: o be truly outstanding or innovative, helping to raise standards of design more generally in rural areas; o reflect the highest standards in architecture; o significantly enhance its immediate setting; and o be sensitive to the defining characteristics of the local area .”

Whilst the site is located outside of any development boundary it is within relatively close proximity to existing dwellings at Hollacombe so could not reasonably be considered as a truly isolated location. In view of the existing building it is considered to be a brownfield site. The NPPF encourages the effective use of land by reusing brownfield sites that are not of high environmental value. The current application proposes a single dwelling on the footprint of the existing building, thereby helping to minimise the impact on the rest of the site.

Wembury is accessible to Plymouth by bus, with services travelling along Wembury Road past the application site. The service operates on an hourly basis at best and there is no service on Sundays. Whilst the village of Wembury is situated less than 2 miles from the

DC0901MW application site, the pavement along this section of road is not continuous and can be hazardous for pedestrians. It would therefore be necessary for the occupiers of any future dwelling to travel by bus or car to the nearest shop (located in Wembury village) for their daily essentials. Given the frequency of the bus service it is likely that many people would choose to drive. However, the residential use of the site for a single dwelling is likely to create fewer traffic movements than the existing use. The accessibility of the location may be part of the reason why there has been limited interest in the site for industrial use. Hollacombe is an existing, albeit relatively small, residential settlement and there are no other industrial premises in the immediate vicinity.

In terms of the local policy context, the current adopted policies have a presumption against new build dwellings in the countryside unless there is a demonstrable need for an agricultural, forestry or other occupational workers dwelling. The NPPF is more recent than the Council’s adopted policies, and whilst these are in general conformity with the NPPF the latter document carries significant weight. As such the principle of a new dwelling in the countryside can be supported where it is in a sustainable location and can be delivered in a sustainable way. All other material planning issues must also be given due consideration.

The site has suffered from a chequered history in terms of previous planning decisions and enforcement notices which are detailed in the history section above. The existing building is permitted to be used for light industrial purposes, which offers a slightly uncomfortable relationship with neighbouring residential properties. Whilst B1 uses are generally considered acceptable within residential areas, the building in question has given rise to concerns from local residents in the past. There would therefore be some benefit in removing the existing building from the site and introducing an alternative use. A residential use of the site is considered appropriate to the character of the area, but a judgement needs to be made as to whether it can be considered sustainable.

The NPPF has brought a shift in policy since the previous applications on the site were considered. Previous approvals include specific reference to the Coastal Preservation Area which has not been carried forward as a policy designation within the LDF. It remains in the saved policies of the Devon County Structure Plan but carries little weight. Government advice has shifted to a landscape character approach, is set in Policy CS9 of the Core Strategy. In view of the existing site context it is considered that the principle of a dwelling is appropriate to the character of the locality.

Whilst previous applications for single dwellings on the site have been refused, these were considered prior to the approval for the use of the existing building (which is to be demolished as part of the application) for industrial purposes. The context of the site has therefore changed since the consideration of these applications which date back almost 40 years. The most recent refusal on the site (in 2000) was for the construction of three dwellings rather than the one currently proposed which is on the site of the existing building. It is therefore considered that the approval of the current scheme would not contradict this decision as the impacts associated with it (including highways and visual impact) would be less significant.

Design/Landscape Considerations

The proposed dwelling broadly follows the footprint and form of the existing building. The use of local stone with a sedum roof would ensure the new dwelling sits comfortably within its surroundings and would be an improvement on the poor aesthetic offered by the existing building. Additional accommodation will be provided by excavating into the site, enabling the ridge height to be kept approximately level with that of the existing building. The largest

DC0901MW extent of sedum roof will face out to the countryside beyond the site. Overall the design responds to the site context and is considered acceptable.

The building which currently stands on the site is of no architectural merit, and many people would go so far as to say it is ugly. It is visible in public views from Wembury Road through the gaps in the dwellings, and from the track that adjoins the site. The overall massing of the proposed dwelling would appear similar to the existing building whilst offering a pleasing design, and as such would be an improvement on the existing situation. Whilst the replacement of the existing building with a well designed new structure will provide localised benefits in terms of visual amenity, there will be no significant impact on the wider landscape or AONB given the scale of development proposed compared to the existing built form. The new dwelling will be well related to the existing dwellings at Hollacombe Brake. The usual paraphernalia associated with domestic living could increase the impact of the residential use of the site in its immediate and wider setting. Following discussions with Officers when the application was validated, the red line defining what would become the domestic curtilage was reduced. Permitted development rights in respect of additional domestic structures within the curtilage would be removed as part of any approval to help minimise the visual impact of the development.

Sustainable Development

Heating for the new dwelling would be provided via a ground source heat pump (GSHP). The GSHP was considered suitable due to the low visual impact, subterranean construction process and land availability. A multi-fuel burner will provide a secondary heating source when required. The building itself will be well insulated. It is hoped that the photovoltaic panels will provide the energy required to run the heating management system and waste water drainage pumps. The sedum roof will add to the biodiversity of the site. Overall the proposal is considered to be in accordance with Policy DP4.

Highway Matters

Devon County Highways have raised objection to the application on the grounds of the sustainability of the location unless the Council considers the proposals are justified in terms of the need to convert the building. As detailed above the sustainability of the location is a finely balanced case. An objection on highways safety has not been raised.

There has been much comment in the third party representations on the suitability and safety of the access track to the site. Increase in traffic generation formed part of the Inspectors decision to dismiss the appeal on the previous application (ref. 58/0593/00/O). It is been suggested in the third party objections that the site currently generates only a limited number of a vehicle movements, and that a dwelling would generate more traffic and cause more disturbance to neighbouring properties. Devon County Highways have advised that light industrial buildings typically generate 17 trips per 100 square metres per day. On this basis the existing building, with a floorspace of 63 square metres, has the potential to generate in the region of 10 trips per day. A residential dwelling typically generates 6 trips per day. On this basis traffic generation calculated for the proposed development is likely to be less than the existing building could generate if it were fully functioning.

Concern has also been raised about setting a precedent for vehicles to use the track by approving this application. There is an existing industrial building on the site that benefits from planning permission, and as such the principle of vehicles using the track has already

DC0901MW been accepted. With the exception of the hours of operation, the Council has no control over vehicle movements to and from the existing building.

The speed of vehicles travelling along Wembury Road is raised in a number of the objection letters. Wembury Road is subject to a 30 mph speed limit and that some road users may already be exceeding this limit is not a matter for this planning application.

It is noted in the objections that walkers often park their cars on the track which would block access to the site. The track is not an adopted highway and as such its use for parking is at the discretion of the landowner. As noted above the track is not an adopted Public Right of Way and access to the woodland beyond is at the discretion of the landowner. The right for the applicant to use the track to access their land is civil matter and not a material planning consideration.

In the interests of addressing local concerns raised about the access track prior to submission, the application proposes the cutting back of existing vegetation adjacent to the track to provide a passing/pull-in area for vehicles/pedestrians travelling to/from Hollacombe Wood. This is a gesture of good will on the part of the Applicant and is not something that the Council could reasonably have requested in order to make the application acceptable in planning terms.

Neighbour Impact

The existing industrial use on the site is not particularly compatible with the residential character of the surrounding area. Noise disturbance associated with the industrial use has been raised in letters of support for the application as a reason to allow the change of use of the site to occur. The existing B1 light industrial use of the site has the potential to cause disturbance to neighbouring residential properties in terms of the levels and types of activities associated within a business use (for example vehicle movements, loading/unloaded and other activities outside the building). In terms of direct impacts on the neighbouring properties immediately adjoining the site, Leewood and Hollacombe House are set well back from the shared boundary and separated from it by their rear garden spaces. The primary windows serving the new dwelling would be on the north west elevation facing away from Leewood and Hollacombe House. Whilst the character of the use of the site would change as a result of the proposed residential use, Officers consider the neighbour relationships would be acceptable.

Concerns have been expressed about loss of privacy. At the moment the use of the site is likely to mainly restricted to the times when the building is permitted to be used (between the hours of 0800 and 1800 Mondays to Fridays and 0800 and 1300 Saturdays) with no one present on the site during weekday evenings, Saturday afternoons and Sundays. The residential use of the site would introduce activity during these periods. The general character of Hollacombe is residential dwellings with large rear gardens that do allow a degree of overlooking between properties. The immediate neighbouring properties (Leewood and Hollacombe House) both lie at some distance from the application site boundary, Leewood being about 40 metres and Hollacombe House in excess of 20 metres. Whilst a residential dwelling would change the way the site is used, the degree of privacy enjoyed by the effected dwellings would still be acceptable in planning terms given the overall character of the area and the distance from the neighbouring properties to the application site.

Disruption to neighbouring properties during the construction of the new dwelling is not a material reason to refuse this application, the impact being limited to the length of the build

DC0901MW programme. There is ample space for the storage of building materials and turning of delivery vehicles within the site. Whilst concerns have been expressed regarding large vehicles using the access track, the Council has no control over the numbers and sizes of vehicles accessing the existing industrial unit.

Ecology/Biodiversity

A Tree Survey and Constraints Plan have been submitted as part of the application. The Survey concludes that whilst there are Tree Preservation Orders within the vicinity, the proposed site is not subject to any statutory designations. The proposal will result in the loss of some trees but these are of poor quality, which are insignificant in the wider landscape. Tree loss can be appropriately mitigated by additional landscape planting and the relocation of some trees within the site. The Survey includes details of tree protection measures which would be conditioned as part of any approval.

An Extended Phase 1 Habitat Survey and Protected Species Survey have also been submitted. The site comprises a woodland area to the north and semi-improved grassland and tall ruderal vegetation to the south. The site provides potentially suitable habitats for dormice, foraging bats and reptiles. The survey report makes a number of recommendations to ensure the preservation of any protected species on the site which will be conditioned as part of any approval. For these reasons the habitat impact is considered acceptable.

Contamination

A Phase 1 Environmental Desktop Study has been submitted with the application, which identifies a number of further surveys and site investigations are carried out to assess the potential risks to human health and controlled waters. The Environmental Health Officer has recommended conditions in view of the findings of the report which would be included as part of any approval. It must be established whether any contaminants exist and there must be measures in place to protect the health of future residents.

Drainage

The Design and Access Statement submitted with the application states that the new development would utilise the existing drainage system on the site which comprises a septic tank. This is considered an acceptable solution.

Others

In response to other matters raised in the third party representations which have not been considered above:

• The Council is legally required to determine all applications for planning permission which are validly made. There is no limit to the number of applications that can be submitted for a particular site providing they do not duplicate themselves. • Private rights of way or easements over land are not material issues in the determination of a planning application. • Whether the Applicant intends to build the dwelling to live themselves or sell the site on is not a material planning consideration. • Any damage to neighbouring land or property resulting from new development is a civil matter and not a planning issue. Disruption during building works is not a material

DC0901MW planning reason to refuse this application, as the effects would only last as long as the build programme and not indefinitely. • Consistency in the Council’s decision making – all applications are considered on their individual planning merits on the basis of current planning policies and other material planning considerations as they exist at the time the application is determined. Whilst previous applications for residential development on this site have been refused, there have been changes in the site context and policy considerations since the previous applications were determined. • All representations received prior to determination of an application are given due consideration, regardless of where the individual making the representation lives. Whilst it has been commented in one of the objections that some of the letters of support have been submitted by people do not live in Wembury, it should also be noted that some letters of objection have also been submitted by people living outside the area. • Covenants are a civil matter and not a material consideration in the determination of a planning application. • There is no statutory requirement for applicants to consult with neighbouring land/property owners for proposals of this scale. The views of local residents have been sought by the Council as part of the statutory consultation process during the consideration of this application.

The letters in support of the application are noted. The planning issues raised are considered in the analysis above. The personal support for the applicant as a local young family is acknowledged but is not a material planning consideration.

Conclusion

If planning permission for the current proposal is not granted, the existing building could continue to be used for light industrial use purposes. Alternatively if no long term occupier is found the building could left to disrepair and the surrounding site deteriorate further. The demolition of the existing building and erection of a single dwelling on the same footprint would offer a visual improvement. On balance it is considered that given the particular circumstances surrounding this history of this site, the erection of one dwelling on the footprint of the existing building can be supported. Notwithstanding concerns raised by third parties in respect of the impact of a dwelling on the site, on balance Officers consider that a single dwelling would be acceptable in terms of neighbour relationships.

The case is very finely balanced, with the key issue being whether the principle of a dwelling on the site is acceptable. The fact that the application is for a single dwelling on the footprint of the existing building is an important determining factor in this application. It is considered that the removal of the existing building, with its unattractive appearance and unneighbourly use, and replacement with a single well designed dwelling, provides sufficient justification for the current application to be supported. Any future application for further dwellings on the site, or any proposals on similarly located sites, would need to demonstrate would also need clear justification before they could be supported. With regards to the site considered as part of this application, it is unlikely that there would be substantive planning reasons to approve any further dwellings on the site given the potential impact on the wider landscape of the AONB. The site is accessed via the main road into the Wembury and is well related to the existing settlement of Hollacombe. The potential traffic generation associated with the site would likely be reduced as a result of the change to residential use. The sustainability credentials of the new dwelling also weigh in its favour. In view of all of the above planning

DC0901MW considerations and site specific circumstances, Officers are recommending approval subject to the conditions identified in the above report.

Considerations under Human Rights Act

Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life . In arriving at this recommendation, due regard has been given to all objections received and the reasoning behind such objections. However, in the individual circumstances of this case, and having full regard to the objectives of the Development Plan Policies and Government Planning Guidance, as well as considering all relevant consultation responses, it is not considered that these objections should override the applicant’s reasonable expectations under the Convention.

Recommendation:

Recommend - Conditional approval

Reason(s) for approval:

1. This application has been determined in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 which states that planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are ST5, TR10, CO1 and CO3 of the Devon County Structure Plan; CS1, CS7, CS9 and CS11 of the Local Development Framework Core Strategy; DP1, DP2, DP3, DP4, DP7, DP14 and DP15 of the Local Development Framework Development Policies DPD; the South Devon AONB Landscape Character Appraisal; and the National Planning Policy Framework.

All consultations and representations, and relevant planning history, have been given due consideration and balanced accordingly when formulating this recommendation and conditions.

Subject to the following condition(s):

1. TIM3 (standard time limit) 2. NH05 (standard accord with plans) 3. N/S (scheme to address contamination risk) 4. Standard unsuspected contamination 5. N/S (accord with recommendations of Extended Phase 1 Habitat Survey and Protected Species Survey) 6. N/S (Accord with Tree Protection Plan) 7. N/S Scheme of landscaping 8. RES22B (removal of permitted development rights for garden area)

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Informatives:

1. Pro-active approach 2. Responsibility for compliance 3. Discharge of conditions

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