Committee and Date Item/Paper

North Planning Committee () 12

24 th August 2010 Public

Development Management Report

Application Number: 10/02710/FUL Parish : Whixall

Grid Ref : 352117 - 336177

Proposal: Erection of a detached dwelling with integral garage and formation of new vehicular access (amendment to planning approval reference 10/00559/FUL dated 12th April 2010)

Site Address : Sunnyside Hollinwood Whixall SY13 2NL

Applicant : Mr R H Allmark

Case Officer : Jane Preece email: [email protected]

1.0 THE PROPOSAL 1.1 The application seeks planning approval for the erection of a detached dwelling with integral garage and formation of new vehicular access (amendment to planning approval reference 10/00559/FUL dated 12th April 2010).

2.0 SITE LOCATION/DESCRIPTION 2.1 The site lies within the settlement of Hollinwood and originally formed part of the curtilage associated with a former dwelling (known as Sunnyside). The site sits amid residential development and is bounded to the east by the road (with residential development directly opposite) and to the west by fields.

2.2 In the North Shropshire Local Plan 1991 – 2001 (adopted August 1996) Hollinwood was defined as a settlement where proposals for infilling development, strictly defined as 1 or 2 dwellings in a small gap in an otherwise built–up frontage, on suitable sites within the development boundaries may be acceptable.

2.3 In 2004 the North Shropshire Local Plan 1991 – 2001 was still in force. The majority of the land at Sunnyside lay within the development boundary identified in the Local Plan. In June 2004 planning permission was consequently granted to erect two dwellings to the site frontage as infill together with the erection of a replacement dwelling to the rear (reference NS/04/00001/FUL). Sunnyside has since been demolished and works were commenced on site sufficient to have made a material start on the 2004 planning permission.

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

2.4 In the North Shropshire Local Plan 2000 – 2011 (adopted December 2005) Hollinwood no longer benefits from a development boundary. It is identified as an ‘Other Village’ with a restricted range of facilities and services with no development boundary. However, as planning permission reference NS/04/00001/FUL had commenced there was a fall back position. The fall back position was a material planning consideration and in effect a substitution of house type was granted on plot 3 in April 2010, reference 10/00559/FUL.

3.0 RECOMMENDATIONS 3.1 That planning permission be granted, subject to conditions.

4.0 REASON FOR COMMITTEE 4.1 Parish Council objection.

5.0 RELEVANT PLANNING HISTORY 5.1 NS/04/00001/FUL Erection of 3 No. 2 storey dwellings with detached garaging and creation of new vehicular access CONAPP 22nd June 2004

NS/09/00106/DOC Discharge of Conditions 1, 4, 5, 6 and 7 in connection with 08/00378/OUT and Condition 2 in connection with 08/01044/DET ~ erection of 75 bed care home REC

NS/09/00169/DOC Discharge of Conditions attached to 04/00001/FUL REC

09/00069/FUL Substitution of house type (previously approved 04/00001/FUL) to allow erection of conservatory to rear elevation; living accommodation in roof space; installation of roof light to front elevation; re-positioning of double garage GRANT 21st July 2009

10/00557/FUL REC

10/00559/FUL Erection of a detached dwelling with integral garage and formation of vehicular access GRANT 12th April 2010

10/02710/FUL Erection of a detached dwelling with integral garage and formation of new vehicular access (amendment to planning approval reference 10/00559/FUL dated 12th April 2010) PCO

NS/02/00689/FUL Erection of 2 terraces of 3 dwellings and 1 pair of semi- detached dwellings, alteration to existing vehicular access and formation of parking areas (existing dwelling to be demolished) REFUSE 3rd October 2002

NS/03/00078/FUL Erection of 3 two storey dwellings (one with granny annexe); demolition of all buildings on site; construction of new access and private drive WDN 9th April 2003

NS/03/00486/FUL Erection of 3 No. 2 storey dwellings with detached garaging and creation of new vehicular access REFUSE 17th July 2003

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

6.0 CONSULTEE RESPONSES 6.1 Whixall Parish Council – 1. Amending the plan to substitute the bathroom with a fourth bedroom has an adverse effect on the residential amenities of neighbouring properties. Specifically, the property opposite (Chelidon). 2. The applicant suggests that by substituting a single storey building for the previously planned 3- bedroomed house it will reduce the impact on neighbouring properties. The description of the proposed property as “single storey” is inaccurate and therefore the logic flawed. The building is not single storey as a room above the garage will be occupied as a bedroom.

SC Highways Development Control – Continue to raise no objection. Impose conditions as for 10/00559/FUL.

Shropshire Fire and Rescue Service – Access for emergency fire service vehicles is required. This issue will be dealt with at the Building Regulations stage. Recommend consideration is given to installing a sprinkler system.

7.0 PUBLIC REPRESENTATIONS 7.1 None received at time of writing report.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS PPS1 – Delivering Sustainable Communities PPS3 – Housing PPS7 – Sustainable Development in Rural Areas

PPG PPG13 – Transport

8.2 Local Plan: G1 – Settlement Strategy (open countryside) D1 – General Development Control Criteria D2 – General Design Principles D3 – Crime Prevention D7 – Parking Standards D8 – Landscaping L1 – Development in the Countryside L6 – Tree Preservation H14 – Housing Mix

9.0 THE MAIN ISSUES

• Impact on amendments

10.0 OFFICER APPRAISAL 10.1 Impact of amendments 10.1.1 The proposal approved under planning permission reference 10/00559/FUL was for the erection of a one / two storey detached private dwelling, with an integral garage and a revised position of the access drive/turning area adjacent the road frontage. The development provided a 3 bedroomed property, with one bedroom being on the ground floor and two bedrooms at first floor level, within the roof

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

space. The dwelling was of individual design (reflective of a similar dwelling approved in Harmer Hill) with varied staggered roof heights that oversail the eaves. At its highest point the dwelling would be 6.1 metres high and the external footprint would cover slightly more ground area than the dwelling approved under planning permission reference 04/00001/FUL. Exterior material finishes included grey roof tiles, facing brick, stained timber boarding, and reconstituted stone to the smaller window surrounds and chimney caps.

10.1.2 The current application seeks approval for some amendments to the scheme approved under planning permission reference 10/00559/FUL. The amendments include some external changes to windows on the northern elevation, some internal re-arrangements (whereby the former bathroom & dressing room over the garage will become a fourth bedroom) and the creation of a basement underneath the garage and ground floor bedroom (accessed via stairs leading down from the garage). The basement is to be used as a domestic workshop/store.

10.1.3 The decision to include a basement within the scheme has arisen from on site works, whereby an existing depression backfilled with bricks was discovered.

10.1.4 The proposed amendments are considered to be acceptable and will not adversely affect the character and appearance of the dwelling or the area or the residential amenities of the locality. The Parish Council has objected on the grounds the substituting the bathroom with a fourth bedroom has an adverse effect on the property opposite (Cheildon) refusal on these grounds cannot be sustained. Cheildon House is both separated from the site by a public highway and lies over 21 metres away from the bedroom window. Therefore no adverse impact will therefore be caused in terms of overlooking and loss of privacy that would justify refusal.

11.0 CONCLUSION 11.1 The proposed amendments to the dwelling previously approved under planning approval reference 10/00559/FUL are considered to be acceptable and will not adversely affect the character and appearance of the dwelling, the area or the residential amenities of the locality. The proposals satisfy policies D1 and D2 of the adopted North Shropshire Local Plan.

LIST OF BACKGROUND PAPERS :

HUMAN RIGHTS

Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

Environment Appraisal As contained in report

Risk Management Appraisal N/A

Community / Consultations Appraisal As contained in report

Member Champion Councillor Martin Taylor-Smith

Local Member Councillors Pauline Dee and Chris Mellings

Appendices None

Reason for Approval

The proposed amendments to the dwelling previously approved under planning approval reference 10/00559/FUL are considered to be acceptable and will not adversely affect the character and appearance of the dwelling, the area or the residential amenities of the locality. The proposals satisfy policies D1 and D2 of the adopted North Shropshire Local Plan.

Conditions

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

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the approved plans and drawings.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order with or without modification), the following development shall not be undertaken without express planning permission first being obtained from the Local Planning Authority:-

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

- extension to the dwelling - free standing building within the curtilage of the dwelling - addition or alteration to the roof - erection of a porch - fences, gates or walls - any windows or dormer windows

Reason: To enable the Local Planning Authority to control the development and so safeguard the character and visual amenities of the area, and to ensure that adequate private open space is retained within the curtilage of the building.

4. No built development shall commence until samples of all external materials including hard surfacing, have been first submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approval details.

Reason: To ensure that the external appearance of the development is satisfactory.

5. Notwithstanding the details shown on the approved block plan prior to the occupation of the dwelling full details of all boundary treatments (including all walls, fences, hedges and new planting) shall have been submitted to and approved by the Local Planning Authority. The approved details shall be completed prior to the occupation of the dwelling on the site and thereafter retained.

Reason: To provide an acceptable external appearance and adequate privacy and to safeguard visibility.

6. All existing trees and hedgerows at the site shall be protected, retained and maintained to the satisfaction of the local planning authority for the duration of any development works and for 5 years thereafter.

Reason: To safeguard the visual amenities of the area.

7. The dwelling hereby permitted shall not be occupied until the access, parking and turning areas have been completed in accordance with the approved details.

Reason: To ensure the provision of adequate access, parking and turning arrangements.

8. The garage hereby approved shall not be used for any purpose other than those incidental to the enjoyment of the dwelling but not including use as living accommodation.

Reason: To safeguard the character of the neighbourhood and to ensure the provision of adequate on-site parking.

Contact: Edwina Smart on 01691 677264

North Planning Committee (Wem): 24 th August 2010

© Crown Copyright. All rights reserved. 100049049. 2010 For

reference purposes only. No further copies may be made.

Contact: Edwina Smart on 01691 677264