Pimperne

Application Type: Full Application Application No: 2/2018/1121/FUL

Applicant: Mr Nicholas Rubenstein Case Officer: Mrs Hannah Smith

Recommendation Summary: Approve

Location: The Pimperne Shop , Anvil Road, Pimperne, DT11 8UQ

Proposal: Erect 3 No. dwellings, create new vehicular and pedestrian access (demolish existing shop/residential dwelling and outbuildings).

Reason for Committee Decision:

Written Material Representation has been received by the Head of Planning (Development Management and Building Control) and that Written Material Representation has been made by a Councillor, and the Parish Council in whose area the application is situated, and received by the Head of Planning (Development Management and Building Control) within the Consultation Period and contains a recommendation that is contrary to the proposed recommendation.

The Head of Planning (Development Management and Building Control) at his/her absolute discretion after consultation with the Chairman of the Planning Committee, the Vice Chairman of the Planning Committee and the Ward Member(s) of the area in which the site of the application is situated considers is a matter which ought to be referred to the Planning Committee for determination.

Description of Site:

The site contains the closed village shop which is a single storey 1970's building of no architectural merit. The site is accessed off Anvil Road. The shop is attached to The Lodge which would remain in a residential use. Five Ways Cottages are located north of the site and Parr Grove is located to the south. The site is located on the edge of the Conservation Area and therefore is within its immediate setting.

Planning Policies:

Local Plan:

Policy 2 - C Spatial Strategy Policy 4 - The Natural Env. Policy 5 - The Historic Env. Policy 6 - Housing Distribution Policy 1 - Sustainable Devt. Policy 7 - Delivering Homes Policy 12 - Retail Leisure Comm Policy 15 - Green Infra.

Policy 20 - The Countryside Policy 23 - Parking Policy 24 - Design Policy 25 - Amenity Policy 27 - Comm. Facilities

Planning policy and guidance:

National Planning Policy Framework:

1. Introduction 2. Achieving sustainable development 4. Decision-making 5. Delivering a sufficient supply of homes 6. Building a strong, competitive economy 8. Promoting healthy and safe communities 9. Promoting Sustainable transport 11. Making effective use of land 12. Achieving well-designed placesnge 15. Conserving and enhancing the natural environment 16. Conserving and enhancing the historic environment

Constraints:

Agricultural Land Grade - Grade: GRADE 3 Area of Outstanding Natural Beauty - Name: Cranborne Chase & West Wiltshire Downs Parish Name - : Pimperne CP Settlement Boundary - Name: Pimperne Ward Name - Ward Name: Hill Forts Ward

Consultations:

Cranborne Chase & West Wilts AONB Consulted on the 30 August 2018, their comments dated 12 November 2018 are as follows:

Great weight should be given to conserving and enhancing landscape and scenic beauty in AONBs, which have the highest status of protection in relation to landscape and scenic beauty. The conservation and enhancement of wildlife and cultural heritage are important considerations in these areas. This paragraph is also clear that the scale and extent of development within AONBs and National Parks should be limited.

This AONB is, as I expect you know, in one of the darkest parts of Southern England and hence the visibility of stars and, in particular, the Milky Way, is a key attribute of this AONB. Development that could contribute to light pollution, and hence impact adversely on those dark night skies, has to be modified so that such impacts are eliminated.

Hill Forts Ward Consulted on the 30 August 2018 there was no response from this consultee at the time of report preparation.

Pimperne PC Consulted on the 30 August 2018, their comments dated 29 September 2018 are as follows:

Objection:

This planning application does not demonstrate fully that the Post Office/ Shop is no longer commercially viable or that the property has been widely marketed as a going concern.

Furthermore this application will cause the loss of light and overshadowing of neighbouring properties which will be overlooked and will experience a loss of privacy.

The proposed development will be a visual intrusion whose design and appearance will be out of keeping with the local area. The density of the building work is inappropriate. This planning application does not concur with the Pimperne Neighbourhood Plan and is therefore an unwanted application.

This application represents the loss of a key local community facility that should be preserved for the benefit of the local community.

Environment Agency Consulted on the 30 August 2018 there was no response from this consultee at the time of report preparation.

Wessex Water Consulted on the 30 August 2018, their comments dated 11 September 2018 are as follows: No objections.

Transport Development Management - DCC Consulted on the 30 August 2018, their comments dated 17 September 2018 are as follows: No objection subject to conditions.

Principal Technical Officer Consulted on the 3 September 2018, their comments dated 27 September 2018 are as follows:

The attached Flood Zone map shows the area at risk of flooding from the Pimperne Brook culvert in Church Road, which is Main River along this stretch for which the Environment Agency has supervisory powers. Although the site appears to be outside of flood zones 2 and 3 it is in an area that is subject to springwater flooding and consideration should therefore be given to the problem of potential springwater infiltration to the drainage systems.

To prevent flooding and minimise the risk of pollution, I suggest that no development shall take place until precise details of foul and surface water disposal shall be submitted to and approved in writing by the planning authority.

Representations:

11 letters of representation were received, of which 0 offered comments which neither supported nor objected to the proposal, 3 objected to the proposal and 7 supported the proposal.

The letters of objection contain the following summarised points:

 Design and effect on the Appearance of Area  Height  Parking  Road Safety, Traffic or Highways,  The site is adjacent to the conservation area and the proposed development looks like a town centre high density development,  There will be an overspill of parking on to Anvil Road,  No regard to the local vernacular, too high density,  Conflict with planning policy including the Neighbourhood Plan, the loss of the shop has not been fully justified,  Overlooking and overshadowing.

The letters of support contain the following summarised points:

 The present building does nothing to enhance the local area, site is run down,  Parking would improve as there was always shop lorry's and cars parked there,  Design, Enhance the Appearance of Area,  Landscape,  A small housing development that would provide housing for families wanting to move to the village,  Used the shop occasionally, it was clear that it was struggling, Lidl had an impact,  More housing is needed,  Good use of the site within the village boundary,  Every effort was made to maintain the business,  Plans to make an alternative Post Office in the Ryland Room,  There are other examples of similar density housing in the village so the plans are not out of place,  The new development plans will neither obstruct my view nor cause any loss of light to surrounding properties.

Relevant Planning History:

Application: 2/1985/0703 Proposal: Rebuild garage with pitched roof to form residential accommodation Decision: Approve Decision Date: 01.11.1985

Planning Appraisal:

The applicant seeks planning permission to demolish the shop and dwelling and to erect three dwellings. The dwellings would be arranged in a terrace with parking and turning space and private garden areas.

The main planning issues in this case are:

 Principle including the loss of a community facility,  Design and the setting of the Conservation Area,  Amenity,  Highways and parking,  Flooding and Drainage,  Area of Outstanding Natural Beauty,  Biodiversity.

Principle Including the Loss of a Community Facility

The site is located within the settlement boundary of Pimperne. In view of this, development of the land for dwellings could be acceptable subject to site specific constraints.

The Pimperne Neighbourhood Plan 2016-2031 was officially 'made' by North Dorset District Council's Full Council on 25 January 2019.

In view of the above, the Pimperne Neighbourhood Plan can be afforded full weight in decision making.

The Neighbourhood Plan states the following about the village shop:

The village is fortunate to have great local facilities, such as the school, village hall, and local recreation ground, and it wouldn't have the same community spirit without these.

Although the post office and shop closed at the end of 2017, it is hoped that these facilities will continue, either at their existing or a different location.

The vision and objectives of the neighbourhood plan include a wish to protect those community facilities that are important to the well-being of local residents and provide for growth that supports a sustainable, thriving village. Policy CF: Community Facilities, states that every effort should be made to work with the local community and relevant authorities to investigate potential solutions to avoid any loss of these valued assets.

Local Plan Policy 27, the retention of community facilities, is also relevant . Both the local plan and the neighbourhood plan policies seek to retain community facilities. Policy 27 stated the following:

“To ensure community facilities (both commercial and non-commercial) are retained the Council will: a respond positively to applications where facilities need to be extended to improve their viability or to ensure their continued use; and b look favourably on diversification to support the continuation of the existing use (i.e. change of use of part of the site to support the original use).

Development (including the change of use of existing premises) which involves the loss of a commercial community facility (including a local shop or a public house) will only be permitted if it can be demonstrated that the use is no longer commercially viable or cannot be made commercially viable.

For all applications for development, the Council will take into account the importance of the facility to the local community and the area it serves as well as the viability of commercial establishments but greater weight will be given to the retention of those facilities listed as an asset of community value”.

The applicant was asked to clarify what marketing had taken place. The sales value of the property was also questioned. Further information was submitted by the applicant that detailed the extent of the marketing which exceed 12 months. Only one realistic offer was received and although the offer was accepted, the buyer pulled out as funding could not be secured.

It is also reported that the shop was impacted by the school moving to the other side of the village, and more so from the trade draw that resulted from the opening of the Lidl store in Blandford.

Considering the evidence available, the site has been marketed at what appears to be a reasonable value for a shop and a residential property within Pimperne. There is no evidence to dispute this. Comparable sales values have been submitted by a selling agent that show comparable residential properties on the market and sold for a similar asking price. The length of the selling period was extensive and the price was dropped following the lack of interest.

Design and Setting of Conservation Area

The terrace of three properties has been designed to optimise the site. Although the gable of the terrace is fairly wide, the proposed layout is not considered to be out of keeping with the prevailing settlement pattern. This is due to the mix of dwellings that are located in this part of the village comprising of terraces, detached and semi detached properties.

The scale is acceptable and the scheme would lead to an enhancement of the setting of the Conservation Area. At present, the site does not make a positive visual contribution to the area.

The use of dormer windows, brick, render, and slates is considered appropriate, subject to a materials condition to agree precise materials. This would include a sample panel condition in respect of the boundary wall treatments.

Amenity

Concern has been raised in relation to overlooking and overshadowing.

The windows of the properties 3 and 4 Five Ways Cottages would be located approximately 15 metres from the new first floor windows in the development. This would be across the parking area of the dwellings. This distance is considered sufficient to avoid unacceptable overlooking, overshadowing or overbearing. The new first floor windows are set down in the eaves and this further limits their impact.

Numbers 3, 4 and 5 Parr Grove to the south, also shares an acceptable relationship with the development site to avoid unacceptable overlooking, overbearing or overshadowing. 4 Parr Grove is sited approximately 15 metres away. Plot 3, which is located 5 metres from the boundary of 4 Parr Grove, has been designed with a lowered ridge. This reduced scale lessens the impact of Plot 3 on the neighbour.

Highways and parking

There is no highway objection. 6 spaces are proposed and this is sufficient to serve the three dwellings. The proposed use would lead to a reduction in trips when compared to the shop use of the site.

Flooding and Drainage

The site is outside of the area that is at risk of flooding from the Pimperne Brook culvert in Church Road, which is Main River along this stretch for which the Environment Agency has supervisory powers. The site is outside of flood zones 2 and 3 but it is in an area that is subject to springwater flooding. To ensure that consideration is given to the problem of potential springwater infiltration to the drainage systems, a drainage condition is recommended.

The submitted Flood Risk Assessment states that building levels should be set a minimum of 150mm above ground levels and that all falls are away from the building. This would guard against any issues in terms of groundwater flooding.

Area of Outstanding Natural Beauty (AONB)

The site is located within the build up area of Pimperne. In view of this, the proposal would not lead to any visual or landscape harm in relation to the sites AONB status. The redevelopment of the site would lead to a visual enhancement.

A lighting condition is recommended in line with the AONB Officers comments in relation to their dark skies policy.

Biodiversity

The biodiversity impact of the proposal is acceptable.

Conclusion:

The loss of the shop is regrettable and the Neighbourhood Plan and the Local Plan rightly seek to retain community facilities. In this case, the applicant has provided information that demonstrates that the business is not viable. A prolonged period of marketing by a selling agent has been undertaken with little interest, despite the price having been reduced.

The proposal results in the loss of a community facility and this weighs against the proposal. However, details have been submitted that demonstrate that the shop was not viable over the last two years of trading and over the marketing period there was little interest in the shop.

Weighing in favour of the proposal is the small contribution that the development would make to the land supply situation and the visual enhancement to the character and appearance of the Conservation Area.

When weighed in the overall planning balance, the benefits of the scheme are considered to outweigh the identified harm and the application is recommended for approval, subject to conditions.

Recommendation: Approve

Conditions:

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).

2. The development hereby permitted shall be carried out strictly and only in accordance with the following approved drawings and details: MDS 1345/103, MDS 1345/106, MDS 1345/108. forming the approved application. Reason: For the avoidance of doubt and to clarify the permission.

3. No development shall be commenced until a scheme for the disposal of foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. Thereafter, no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. Reason: To minimise the risk of flooding and/or pollution.

4. Before the development is occupied or utilised the first 5.00 metres of the vehicle access, measured from the rear edge of the highway (excluding the vehicle crossing - see the Informative Note below), must be laid out and constructed to a specification submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that a suitably surfaced and constructed access to the site is provided that prevents loose material being dragged and/or deposited onto the adjacent carriageway causing a safety hazard.

5. Before the development hereby approved is occupied or utilised the turning and parking shown on Drawing Number MDS 1345/103 Rev B must have been constructed. Thereafter, these areas, must be permanently maintained, kept free from obstruction and available for the purposes specified. Reason: To ensure the proper and appropriate development of the site and to ensure that highway safety is not adversely impacted upon.

6. There must be no gates hung so as to form obstruction to the vehicular access serving the site. Reason: To ensure the free and easy movement of vehicles through the access and to prevent any likely interruption to the free flow of traffic on the adjacent public highway.

7. Before the development hereby approved is occupied or utilised the visibility splay areas as shown on Drawing Number MDS 1345/103 Rev B must be cleared/excavated to a level not exceeding 0.60 metres above the relative level of the adjacent carriageway. The splay areas must thereafter be maintained and kept free from all obstructions. Reason: To ensure that a vehicle can see or be seen when exiting the access.

8. Prior to the construction of the boundary wall, a sample panel measuring 1m by 1m shall be constructed on site for the approval of the local planning authority in writing. The sample panel shall remain on the site for the duration of the build and the boundary wall shall be carried out in accordance with the approved panel. Reason: In the interests of the appearance of the area on the edge of the Conservation Area.

9. Prior to the construction of the development above foundation level, samples of the materials to be used in the external wall and roof of the dwellings shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accordance with the approved details. Reason: In the interests of the appearance of the development on the edge of the Conservation Area.

10. Prior to occupation of the development, precise details of all tree, shrub and hedge planting (including positions and/or density, species and planting size) shall be submitted to and approved in writing by the Local Planning Authority. Planting shall be carried out before the end of the first available planting season following substantial completion of the development. In the five year period following the substantial completion of the development any trees that are removed without the written consent of the Local Planning Authority or which die or become (in the opinion of the Local Planning Authority) seriously diseased or damaged, shall be replaced as soon as reasonably practical and not later than the end of the first available planting season, with specimens of such size and species and in such positions as may be agreed with the Local Planning Authority. In the event of any disagreement the Local Planning Authority shall conclusively determine when the development has been completed, when site conditions permit, when planting shall be carried out and what specimens, size and species are appropriate for replacement purposes. Reason: In the interests of continued visual public amenity.

11. Prior to the construction of the development above foundation level, large scale details of the windows, doors, chimney, eaves, porches and lintels shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accordance with the approved details. Reason: In the interest of the appearance of the development on the edge of the Conservation Area.

12. The recommendations set out in the Biodiversity Appraisal dated May 2018 shall be completed in full prior to first occupation of the development. Reason: To enhance the biodiversity potential of the site.

13. Prior to first use of the development hereby permitted, details of any external lighting shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accordance with the approved details and there shall be no further external lighting installed. Reason: To prevent light pollution within the AONB.

Human Rights:

This Recommendation is based on adopted Development Plan policies, the application of which does not prejudice the Human Rights of the applicant or any third party. Public Sector Equalities Duty (PSED) As set out in the Equalities Act 2010, all public bodies, in discharging their functions must have “due regard” to this duty. There are 3 main aims: Removing or minimising disadvantages suffered by people due to their protected characteristics. Taking steps to meet the needs of people with certain protected characteristics where these are different from the needs of other people. Encouraging people with certain protected characteristics to participate in public life or in other activities where participation is disproportionately low. Whilst there is no absolute requirement to fully remove any disadvantage the Duty is to have “regard to” and remove OR minimise disadvantage and in considering the merits of this planning application the planning authority has taken into consideration the requirements of the PSED.

DECISION:

LOCATION PLAN 2/2018/1121/FUL

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Dorset District Council LA Licence Number LA078778