Agenda Item Report PC Report to Planning Committee Date of Committee 2 March 2016 By Head of Planning Services Local Authority District Council

Application No: SDNP/15/05634/FUL Validation Date 6 November 2015 Target Date: 1 January 2016 Applicant: Mr & Mrs David & Angela Bayfield Proposal: Replacement 4 bed 2 storey detached dwelling with detached double garage. Site Address Pyramids North Lane South West GU31 5NW Purpose of Report The application is reported to Committee for a decision

Recommendation: That the application be Approved for the reasons and subject to the conditions set out in paragraph 10.1 of this report.

Reason for Committee referral: Parish objection - officer recommends PERMIT

Executive Summary

The proposal is for a new dwelling following the demolition of the existing house on the site. The replacement of the existing dwelling is acceptable in principle and is supported by both the saved policies of the Local Plan and the emerging National Park Local Plan. Whilst larger than the dwelling it is to replace, the replacement dwelling is considered to be an acceptable and appropriate response to its setting in terms of design, massing and scale and therefore would not result in adverse harm to the wider rural landscape or the purposes of designation of the National Park. The proposal and draft conditions also incorporate adequate and suitable mitigation measures in respect of landscape protection in terms of the retention and reinforcing of existing boundary planting.

Chichester District Council, East Pallant House, East Pallant, Chichester, , PO19 1TY Email: [email protected] 1. Site Description

1.1 Pyramids is located on the east side of North Lane, South Harting and part of a loose-knit pattern of development on this side of the road. The east side of North Lane is characterised by mainly detached dwellings within generous gardens. Two relatively recent replacement dwellings occupy land immediately to the north of the site, with open arable farmland beyond.

1.2 The existing property is single storey with a somewhat unique design, comprising four corner pyramidal elements linked by a flat roofed sections to a larger central element and satellite element on the north east side. A separate garage building is sited in the north east corner. Materials used in its construction comprise Whites bricks and timber shingle roof.

1.3 The gardens associated with the house are well maintained and well screened with mature planting and trees on three sides. The exception is the east boundary, which is separated from a grassed paddock area by a low hedge, leaving the site relatively open to views from the public footpath that crosses the field in an east/west direction approximately 400 metres to the north of the site. There is a modestly sized grassed paddock to the east of this hedge, which does not form part of the garden (and does not form part of the application).

1.4 The site lies outside the Settlement Policy Area for South Harting and the western boundary and part of the northern boundary are coincident with the conservation area boundary. Therefore for development management purposes, Pyramids lies within the rural area as well as being within the South Downs National Park. Because of the proximity of the site to the Conservation Area, it is also considered necessary for the SDNPA to have regard to the statutory duty set out at paragraph 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which states, "...special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area."

2. Relevant Planning History

None

3. Proposal

The proposal is for the replacement of the current dwelling within the existing curtilage with a two storey dwelling designed to reflect the local vernacular of the area and to ensure that the proposed dwelling is complimentary to the wider landscape character. Further landscaping is proposed with the scheme to reinforce the existing planting within the site in order to ensure that the natural beauty of the surrounding rural landscape is conserved.

4. Consultations

Parish Council

To original plans In principle no objection to a replacement dwelling, but we have significant concerns about this particular proposal given: - The size and mass of the building - The extent of the cladding on such a large building which will accentuate its visibility from the Downs - We do object to the roof lights and to the excessive use of fenestration which will lead to considerable light spillage. Black-out blinds are not a solution as their use cannot be enforced. - Local stone should be used.

To substitute plans

We object to, and have significant concerns about, this application. In particular: We previously objected to the roof lights and the excessive use of fenestration. In the substitute drawings, several windows have actually increased in size as have most of the roof lights; a new roof light has also been added. We consider several of the roof lights to be unnecessary and that the overall the fenestration should be reduced relative to the original drawings.

We also object to the extensive glazing introduced into the roof of the garden room; this glazing is contrary to the Planning Officer's pre-application advice. Black out blinds are not a solution as their use cannot be enforced. The 2m shift of the dwelling from the north boundary is a positive move. However, nothing has been done to address our concerns about the size and massing of the replacement dwelling, nor the extent of the cladding which will accentuate its visibility from the Downs

The Council would like to see 'Clunch' used as advised in the Planning Officer's pre-application response.

If our objections and concerns can be addressed, we will consider this to be a 'holding' objection and will await further consultation.

5. Representations

1 representation received.

One Third Party objection

Potential loss of trees and hedging between site and adjacent property Loss of privacy from first floor windows Potential light pollution Overbearing Mass, bulk and choice of materials to be used will make dwelling visible form South Downs

Agents supporting comments

The existing dwelling is an unusual and outdated design which doesn't conform to any of the prevailing local vernacular and is not energy efficient. Proposed dwelling uses locally sourced, traditional materials including Oak framing in its construction. Designed to site well within the existing site. Plot ratio is comparable to surrounding development. Dwelling will have a maximum ridge height of 7.5 metres and designed to ensure massing will have minimal visual impact on surrounding area. Will not be significantly more visible from public vantage points: Nothing in national or local policy that requires development to be concealed or unseen. Proposed to retain boundary landscaping. Siting of new dwelling will ensure little impact on existing trees. Potential light pollution no greater than current dwelling. Installation of blackout blinds proposed for all roof windows. Comments of Parish Council acknowledged - revisions to scheme now omit one rooflight, reduce the size of others and reduce the amount of roof glazing to garden room.

6. Policy Context

6.1 Applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan in this area is the Chichester Local Plan First Review (1999). The relevant policies to this application are set out in section 7, below.

National Planning Policy Framework (NPPF) and Circular 2010

Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March 2012. The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the National Parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks.

6.2 National Park Purposes

The two statutory purposes of the SDNP designation are:

 To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas;  To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes.

6.3 Relationship of the Development Plan to the NPPF and Circular 2010

NPPF paragraphs 14, 17 and 55 together with Sections 7 (Design) and 11 (Conserving and Enhancing the Natural Environment) are also relevant to the consideration of any application.

The draft South Downs Local Plan Preferred Options 2015 was approved by the South Downs National Park Authority on 16 July 2015. The public consultation on the document took place between September and October 2015 and the National Park Authority is considering the responses received during that consultation period. The document and the policies contained therein are now a material consideration when determining planning applications within the National Park; however, it is acknowledged that at this stage the policies will carry limited weight.

The following policies are considered relevant to this proposal: SD1 - Sustainable development in the South Downs National Park SD5 - Landscape Character SD6 - Design SD7 - Safeguarding views SD9 - Dark Night Skies SD39 - Conservation Areas SD45 - Replacement Dwellings and Extensions

Although the application site is not within the Conservation Area, it is adjacent to it. Therefore it is considered necessary to have regard to S.72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

6. 4 The South Downs Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December 2013. It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The following Policies and Outcomes are of particular relevance to this case:

General Policy 1 Conserve and enhance the natural beauty and special qualities of the landscape and its setting, in ways that allow it to continue to evolve and become more resilient to the impacts of climate change and other pressures.

General Policy 9 The significance7 of the historic environment is protected from harm, new discoveries are sought and opportunities to reveal its significance are exploited.

General Policy 50 Housing and other development in the National Park should be closely matched to the social and economic needs of local people and should be of high design and energy efficiency standards, to support balanced communities so people can live and work in the area.

7. Planning Policy

The following policies of the Chichester Local Plan First Review (1999) are relevant to this application:

 RE1 Development In The Rural Area Generally  BE6 Conservation Areas  BE11New Development  H12 Replacement Dwellings And Extensions

8. Planning Assessment

8.1 The main issues with this proposal are considered to be the principle of the 1:1 replacement of the existing dwelling, its form and scale, its effect on the character or appearance of the adjacent conservation area and on the wider landscape character of the surrounding area.

The principle of the replacement of the existing dwelling

8.2 Both saved Local Plan policy H12 and the emerging South Downs Local Plan policy SD45 support the principle of replacement dwellings in Rural Areas. The existing dwelling, with a floorspace of approximately 223 square metres and within a curtilage in excess of 450 square metres, does not fall within the definition of a 'small dwelling' set out in either policy. Therefore the acceptability of the scheme will turn on whether the design, scale and massing of the replacement dwelling is considered to be appropriate and sympathetic to its setting. To this end it is necessary to have regard to policies BE6 and BE11 of the Local Plan and SD6 of the emerging SDNP Local Plan. It should be noted that whilst it is material to have regard to the relevant emerging policies of the South Downs Local Plan, the public consultation of this document has only recently been completed and therefore its policies have limited weight.

The form and scale of the new dwelling

8.3 The proposal is for a mainly two storey dwelling with subsidiary elements to the east, west and south elevations. The footprint is mainly linear in form arranged on a slightly oblique angle relative to the north and east boundaries. The new dwelling will partially occupy the site of the existing house. The overall height of the new dwelling is relatively modest at 7.6 metres, with the eaves of the main part of the building kept at 4.3 metres, resulting in the first floor accommodation making partial use of the roof void. The combination of the articulation of the plan form of the building, resultant variation in roof heights is considered to successfully manage the massing of the building and helps to impart a general informality of the design that is considered appropriate to its rural setting.

8.4 It is acknowledged that the proposed dwelling will be larger than the one it is to replace, being two-storey in form. Negotiation with the applicant has resulted in a more steeply pitched roof form, giving a more proportional form and re-siting further to the south, which will allow the building to be more successfully assimilated into its setting and safeguard the existing tree planting screening much of the north boundary. The design does incorporate vernacular details and is articulated in a manner that helps to break up its overall massing with its height kept as low as practicable for a 2-storey dwelling. It should be noted that the two storey form simply reflects the predominant character of existing development found on the eastern side of North Lane, including the two relatively new properties to the north of the site and One Tree House and Langton Fold to the south.

8.5 The design also proposes the use of good quality materials in the form of facing brickwork, coursed stone, horizontal timber boarding and clay tiles. Its rural character is reinforced with features such as open-eaves detail, incorporation of chimneys and half-hipped roof form. The proposed use of horizontal timber boarding to the first floor of the elevations will be an appropriate hardwood and provided care is taken in controlling the form of the boarding and its finish, is a recognisable feature on many rural buildings (including dwellings) throughout the National Park and in itself further helps to successfully manage the massing of the new building.

8.6 The Parish have suggested the use of local stone - 'Clunch' (a form of chalk) - for the construction of the dwelling. Whilst difficult to source, it is acknowledged that the use of this type of stone would be appropriate if the dwelling were to be constructed in a more sensitive position where this type of stone is a distinctive feature in the street scene. For example, the western side of North Lane or further south toward the centre of South Harting. In this case, the application site is visually contained on the east side of North Lane where existing development flanking the site exhibits a wider range of materials. In the circumstances, given the lack of a direct relationship with other buildings constructed of this material it is considered acceptable to request that a locally derived sandstone typical of the Wealden area is used in its construction. This is appropriately controlled through suitable conditions.

8.7 Concern has also been raised by the Parish Council regarding the proportion of glazing to be used in the building, particularly in terms of the number of rooflights and the glazed roof feature to the south eastern wing of the dwelling shown on the original drawings. The applicant has acknowledged the Parish's concern and has further revised the proposal by removing one of the rooflights altogether, reducing the size of the remaining rooflights and also reducing the extent of roof glazing to the south east wing. The south west facing elevation is the most heavily glazed of all the elevations, comprising a glazed gable feature to the single storey 'oak barn room' bifold doors to the kitchen/dining area and the partially glazed roof to the garden room. However, this elevation faces into the secluded garden area where any light spill would be contained and would be largely shielded from public view by existing boundary planting. The north and west elevations face open countryside but fenestration here is relatively limited and proportionate to the function of the rooms they are to serve. It is therefore concluded that the proportion of glazing does not detract from the overall appearance of the dwelling and given the location of the development within the village, any resultant light spill will be effectively contained and would not materially diminish the sense of rural tranquillity to this part of the village.

8.8 Access to the site is to remain as existing, with a new garage building positioned between the new house and the site's west boundary but positioned well back within it. The garage is a timber framed structure, with two open fronted car bays and secure store. A maximum height of 5.0 metres and a half-hipped roof form will ensure that it would remain an unobtrusive feature in the context of the street scene. The embankment and mature tree line along the western boundary with North Lane would also make an effective contribution in screening not just the garage but also the new dwelling itself.

8.9 On this first issue, the proposal is considered to be of a design that reflects local distinctiveness and its local context and does not detract from the character or appearance of the area. Therefore it is concluded that the proposal complies with Policy H12, BE11 of the CDLP 1999, policies SD6 and SD45 of the Draft SDNPLP 2015 and the design section of the NPPF.

The effect on the character or appearance of the adjacent conservation area

8.10 The east and west sides of North Lane exhibit contrasting characters. The west side of North Lane is within the conservation area and is more obviously built up, expressing a linear pattern of development from its junction with Road to the south north to Road. Buildings vary in size and form but many are constructed of Clunch, a form of chalk characteristic of South Harting. Buildings and boundary walls clearly define the western edge of the highway along much of its length and have a visually intimate relationship with each other and North Lane. In contrast, existing development on the eastern side of North Lane (including the application site) is set well back from the highway margin, which is defined by low embankments together with natural vegetation. Existing dwellings are larger, set in generous secluded gardens and are more recent in terms of age and architectural style.

8.11 The proposed dwelling is considered to accord with the character of existing development found on this side of North Lane. The proposed house, whilst larger than the property it is to replace remains proportionate in terms of size to the grounds in which it is set. The secluded nature of the site and the set back position of the dwelling from the highway will ensure that the development remains consistent with the established pattern and character of development found on the east side of North Lane and will ensure that the character and appearance of the adjacent conservation area - namely the more intimate pattern of development found on the west side of North Lane - is preserved.

The effect on the wider landscape

8.12 Medium distance views of the existing dwelling are possible from the footpath crossing the field to the north of the application site. This footpath is elevated relative to the level of the application site because of the gentle fall toward the south and the village itself. The replacement dwelling will be more obvious simply because of its two storey construction although views will remain partially obscured by a mature tree line on the north boundary. The articulated form of the building and use of contrasting materials and modest overall height will also ensure that the replacement dwelling can be successfully assimilated into the landscape when viewed from this location, particularly in the context of the more visually assertive dwellings recently built to the north of the application site, the backdrop of South Harting itself and the dominant character of the wooded scarp of the Downs beyond.

8.13 Parish and Third Party representations have also commented on the potential impact of the proposed dwelling when viewed from higher vantage points such as Harting Down, approximately 1.6km to the south east, particularly in view of the increase in size and massing, which could be accentuated as a result of the proposed use of materials in its construction. Views from this viewpoint are by their nature relatively distant. The application site would be seen in the context of the built form of South Harting as a whole and its setting within a rural landscape, where there are clearly a range of building sizes and construction materials present. Intervening hedgerows, trees and woodland further temper views of the site. As stated above, the scale and massing of the proposed dwelling is managed through its proposed design and as a result is not considered that it would be unduly prominent within this largely rural setting.

8.14 The choice of materials and finishes proposed for the elevations are considered sympathetic to the rural location of the proposed dwelling and will in fact help to break up its apparent massing. It is not considered that the use of timber cladding to the upper parts of the elevations will in itself result in a building that would be unacceptably prominent in the landscape and appropriate conditions have been drafted to enable careful control over the nature and type of stone and brick to be used and the finish to the timber cladding.

Other matters

8.15 Third Party comments have raised the issue of potential loss of privacy and the overbearing nature of the proposed dwelling to the property to the north of the site. The applicant has confirmed that the current planting to the north boundary is to be retained and in fact strengthened as part of this proposal. There will be a separation distance of approximately 25 metres between buildings and there are no windows in the flank elevation of Whitcombe Cottage, the nearest dwelling north of the site. The access to the cottages also provides access to the farmland to the east of North Lane and the parking area for the cottages themselves. The oblique angle of the dwelling, its position further to the east relative to other development together with the limited number of first floor windows ensures that there is no direct overlooking of adjoining properties. Therefore it is considered that there will be no material harm to living conditions or the level privacy enjoyed by the occupiers of this property.

9. Conclusion

9.1 In conclusion, the proposed replacement dwelling is considered to be an acceptable and appropriate response to its setting in terms of design, mass and scale and therefore seeks to promote local distinctiveness and would not result in an adverse impact on the wider rural landscape. The application proposals also incorporate adequate and suitable landscape mitigation measures in respect of the protection and enhancement of the surrounding landscape. Therefore the proposal accords with the objectives of local and national planning policies and with the purposes of designation of the National Park.

10. Recommendation

It is recommended that the application be approved subject to the conditions set out below

1. The development hereby permitted shall be carried out in accordance with the following plans:

Plan Type Reference Version Date on Plan Status Plans - Location Plan 7541-20 06.11.2015 Approved Plans - Proposed 7541-05 06.11.2015 Approved Garage Plans - Proposed 7541-02 A 14.01.2016 Approved Elevations. Plans - Proposed 7541-03 A 14.01.2016 Approved Ground Floor Plan. Plans - Proposed First 7541-04 A 14.01.2016 Approved Floor Plan. Plans - Proposed Site 7541-07 A 14.01.2016 Approved Plan.

Reasons: For the avoidance of doubt and in the interests of proper planning.

02. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended)./ To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

03. Agreement of materials

No development shall commence until details, and samples where appropriate, of the following materials to be used in the development have been submitted to and agreed in writing by the SDNPA: Bricks, stone & any other wall facing materials; Brick bonds; Mortar mix and finish; Rain water goods (including their relationship with eaves and verges); Slates, tiles & any other roof coverings, including rooflights. Thereafter the development shall be undertaken in full accordance with that agreement unless otherwise agreed in writing by the SDNPA.

Reason: For the avoidance of doubt and in the absence of these important details from the application

04. Sample panel

No development shall commence until a sample panel of new facing brickwork/ stonework/ tiling or other cladding at least one square metre in size has been constructed on site and agreed in writing by the SDNPA. The panel shall be constructed using the proposed facing materials (brick, stone etc), bonds, mortar and finish to joints. The approved sample panel shall be retained on site and available for inspection until the work has been completed. Thereafter, the development shall be carried out to match the standard of workmanship in the approved panel to the satisfaction of the SDNPA.

Reason: To ensure that the development is undertaken to an appropriate standard.

05. Site Levels

Before development commences details, including plans and cross sections of the existing and proposed ground levels of the development and the boundaries of the site and the height of the ground floor slab and damp proof course in relation thereto, shall be submitted to and approved by the SDNPA in writing. The development shall be implemented in accordance with the approved details.

Reason: To ensure a satisfactory relationship between the new development and adjacent buildings, amenity areas and trees to comply with Policy BE11 of the Local Plan First Review 1999.

06. Landscaping

No development shall take place unless and until there has been submitted to and approved by the SDNPA a scheme of landscaping, which shall include a planting plan and schedule of plants noting species, plant sizes and proposed numbers/densities. In addition, all existing trees and hedgerows on the land shall be indicated including details of any to be retained, together with measures for their protection in the course of development. The scheme shall include seeding with a Native British Wildflower Flora mix appropriate to the soil and climate of the site and shall make particular provision for the conservation and enhancement of biodiversity on the application site. The scheme shall be designed to achieve levels of shelter/windbreak, shade and drought resistance to accord with the expected climate changes during the design life of the development.

Reason: In the interests of amenity and of the environment of the development and to comply with the Natural Environment and Rural Communities Act 2006.

07. Landscape implementation

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the SDNPA gives written consent to any variation.

Reason: In the interests of amenity and of the environment of the development.

08. Protection of existing trees/vegetation

No development, including site works of any description, shall take place on the site and before any equipment, machinery or materials are brought onto the site, until all the existing trees or hedges to be retained on the site have been protected by a fence to be approved by the SDNPA erected around each tree or group of vegetation at a radius from the bole or boles of 5 metres or such distance as may be agreed in writing by the SDNPA. This fencing shall be maintained until all equipment, machinery, surplus materials and soil have been removed from the site. Within the areas so fenced off the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon without the prior written approval of the Local Planning Authority. If any trenches for services are required in the fenced off areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25 mm or more shall be left un severed. All in accordance with BS 5837:2012

Reason: To ensure the retention and maintenance of trees and vegetation which is an important feature of the area.

09. Garage use only

The garage building hereby permitted shall not be used for any purpose other than as a private domestic garage and for incidental storage in connection with the replacement dwelling hereby approved.

Reason: To accord with the terms of the application and to ensure that the development does not result in an over-intensive use of the site.

10. External Lighting

No external lighting shall be installed either on the building or anywhere within the site. This exclusion shall not prohibit the installation of sensor controlled security lighting which shall be designed and shielded to minimise light spillage beyond the site boundary.

Reason: To enable the SDNPA to control the development in detail in the interests of amenity and to ensure it does not have an adverse impact on the foraging or commuting pattern of bats.

Note: Any proposed external lighting system should comply with the Institute of Lighting Engineers (ILE) guidance notes for the Reduction of Light Pollution.

11. Crime and Disorder Implications

It is considered that this planning application does not raise any crime and disorder implications.

12. Human Rights Implications

This planning application has been considered in light of statute and case law and any interference with an individual's human rights is considered to be proportionate to the aims sought to be realised.

13. Equalities Act 2010

Due regard, where relevant, has been taken of the National Park Authority's equality duty as contained within the Equalities Act 2010.

14. Wildlife and Countryside legislation

Your attention is drawn to the provisions of the Countryside and Rights of Way Act 2000 and Wildlife and Countryside Act 1981 (as amended) and in particular to Sections 1 and 9. These make it an offence to:

- kill or injure any wild bird; - damage or destroy the nest of any wild bird (when the nest is being built or is in use); - damage or destroy any place which certain wild animals use for shelter (including all bats and certain moths); - disturb certain wild animals occupying a place for shelter (again, all bats and certain moths).

The onus is therefore on you to ascertain whether such birds, animals or insects may be nesting or using the tree(s), the subject of this consent, and to ensure you do not contravene the legislation. This may, for example, require delaying works until after the nesting season for birds. The nesting season for birds can be considered to be March to September. You are advised to contact Natural for further information (tel: 0845 601 4523).

Tim Slaney Director of Planning South Downs National Park Authority

Case Officer Details Name: Derek Price Tel No: 01243 534734 Email: [email protected]

Appendix 1

Site Location Map

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South Downs National Park Authority, Licence No. 100050083 (2012) (Not to scale).