Ashford Borough Council - Report of Development Control Managers Planning Committee 31 March 2010 ______

Application Number 10/00070/AS

Location The Old Dairy, Heath Road, Appledore, Ashford, Kent, TN26 2AJ

Grid Reference 95368/30293

Parish Council Appledore

Ward Isle of Oxney

Application Proposed erection of detached bungalow Description

Applicant Mr D Bennett of The Old Dairy, Woodchurch Road, Appledore Heath, Ashford, Kent, TN26 2AJ

Agent Mr S Tijou of S Tijou Associates, Rose Cottage, Plurenden Lane, High Halden, Ashford, Kent, TN26 3JN

Site Area 0.13 Hectares

(a) 9/- (b) S (c) -

Introduction

1. The application is being reported to the Planning Committee at the request of the Ward Member.

Site and Surroundings

2. The application site comprises a strip of land to the northern part of the residential curtilage of The Old Dairy. Two detached garages serving this property, together with an area of hardstanding and access, are located within the application site. The site lies to the west of Woodchurch Road, where development is in a dispersed form of dwellings and other buildings in otherwise open countryside with land of rural character to the north in the direction of Appledore Heath. To the east side of Woodchurch Road opposite the application site is an area of housing. The site lies within the Special Landscape Area (SLA) and the Low Weald Landscape Character Area (LCA).

3. Site plans are attached as Annex 1 to this report.

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Proposal

4. The application seeks full planning permission for the erection of a detached three bedroom bungalow, including the demolition of existing outbuildings, using the existing access serving The Old Dairy.

5. The three bedroom bungalow would be ‘L’ shaped with white painted render elevations beneath a clay tile roof and would be set further back within the plot than The Old Dairy.

6. In support, the applicant’s agent makes the following points:

• The site is located within the confines of Appledore Heath as defined in policy HG6 of the Ashford Borough Local Plan;

• The proposal is an ideal opportunity to provide a quality family home within the village, built in a traditional style in keeping with the adjacent bungalow;

• The proposal would add to the housing stock and economic sustainability of the village without detriment to the character of the locality, the Special Landscape Area or the street scene.

7. A new access is proposed to the south of The Old Dairy to offset the loss of the existing access and parking area, however, this does not require the benefit of planning permission.

Planning History

8. 08/00617/AS – application withdrawn for a proposed detached bungalow within the curtilage of The Old Dairy, following officer advice that the development falls outside the built confines of Appledore Heath.

08/001158/AS – full planning permission granted for a replacement two bay garage with attached storage.

Consultations

Ward Member: requests that the application be determined by the Planning Committee for the following reasons:

• Considerable interest in the application in the village;

• Concerns that the village is not allowed to expand;

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• Appledore Heath is left out of the preamble for the Tenterden and Rural Sites Development Plan Document;

• Under the Ashford Local Plan, the proposal would be allowed.

Appledore Parish Council: supports the application for the following reasons:

• the development is outside the village confines but is concerned that if these rules are always strictly applied with no flexibility, there is almost nowhere left in the Parish where a new dwelling would be allowed;

[Development Control Manager’s comments: the Core Strategy clearly identifies the controlled provision of housing in rural areas to ensure that the character of the countryside is preserved]

• Not allowing any further development, particularly in the Appledore Heath area which is sparsely populated, would put an unhelpful restriction on the growth of the community.

Neighbours: 9 neighbours consulted; no representations received

Planning Policy

9. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

10. The relevant policies from the Development Plan relating to this application are as follows:-

South East Plan 2009

CC1 – Sustainable Development

C4 – Landscape and Countryside Management

Ashford Borough Local Plan 2000

GP12 – Protecting the countryside and managing change

EN27 – Landscape conservation

HG6 – Minor development and infilling in villages

HG7 – New development outside village confines 8.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 31 March 2010 ______

Local Development Framework Core Strategy 2008

CS1 – Guiding Principles

11. The following are also material to the determination of this application:-

Government Advice

PPS1 – Delivering Sustainable Development

PPS3 – Housing

PPS7 – Sustainable Development in Rural Areas

12. The following are also material to the determination of this application:-

Tenterden & Rural Sites DPD

TRS1 – Minor residential development or infilling

TRS2 – New residential development elsewhere

TRS17 – Landscape Character and Design

13. Members should note that the Tenterden & Rural Sites DPD should be given some weight when making a decision as it has now been submitted to the Secretary of State for examination but where the policy conflicts with the Development Plan, the Development Plan takes precedence unless this report advises otherwise.

Assessment

14. The main issues for consideration are: • The principle of the development and impact upon visual amenity. • Impact upon residential amenity. • Impact upon highway safety.

Principle and Visual Amenity

15. Policy HG6 of the Local Plan identifies those villages where new residential development is acceptable in principle, subject to a number of criteria. It identifies that development must be within the “confines” of the village which is defined as “the continuous form of built development”. The application site

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lies to the west of Woodchurch Road, where development is in a dispersed form of dwellings and other buildings in open countryside. The site is bounded to the north and west by land of a rural character. The site does not comprise a narrow gap in a built up frontage as there are only two dwellings and a coach depot to the south and none for a significant distance to the north. The site is therefore located outside the confines of Appledore Heath. Furthermore, a recent appeal decision at Baileys Nursery to the north of the site indicates that the site is outside the built confines of Appledore Heath.

16. Policy TRS1 of the Tenterden and Rural Sites DPD is more up to date than the Local Plan, reflecting the objectives of the Core Strategy which leads from those of central government in the form of PPS7. It is for this reason that more weight is to be appointed to this policy in the decision-making process where policies have changed. Appledore Heath is no longer a named settlement where minor development such as infilling would be acceptable in principle. I note the comments from the local Ward Member and Parish Council, however Appledore Heath is not included in this policy as it is not considered to fall within a category of settlements able to support new dwellings and/or it is considered that the infilling of any existing potential ‘gaps’ in the built-up confines of the settlement would be detrimental to its character.

17. Development Plan policy seeks to protect the character and appearance of the countryside for its own sake. As a result, there is a general presumption against development in the countryside unless it is fully justified and would not result in harm to the character of the landscape. The development would not fall within one of the exceptional circumstances for development under policy HG7 of the Local Plan and is therefore contrary to Development Plan policy.

18. Notwithstanding the principle objection to the development, the dwelling proposed is a modest, well proportioned bungalow with a simple elevation treatment that could fit within the context of the site.

Impact upon residential amenity

19. Given the single storey nature of the development and the distance from neighbouring properties, there would be no harm to residential amenity.

Impact upon highway safety

20. Access to the site would be via the existing access to The Old Dairy. In accordance with Kent Parking Standards, there is a need for two off-road parking spaces. Parking provision has not been demonstrated on the plans submitted, however I am satisfied that two off-road parking spaces can be provided. The development would not result in harm to highway safety.

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Human Rights Issues

21. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations below represent an appropriate balance between the interests and rights of the applicant (to enjoy his land subject only to reasonable and proportionate controls by a public authority) and the interests and rights of those potentially affected by the proposal (to respect for private life and the home and peaceful enjoyment of their properties).

Summary

22. The main issues in this case are:-

(a) The application site is located outside the confines of Appledore Heath (HG6), therefore new residential development as a matter of principle is unacceptable (HG7, TRS2). Irrespective of this, Appledore Heath is no longer a named settlement where minor development such as infilling would be acceptable in principle (TRS1). As a result, the development is detrimental to the character of the countryside (C4, PPS7, TRS17) which forms part of a Special Landscape Area (EN27).

(b) There would be no harm to highway safety.

(c) There would be no harm to residential amenity (CS1).

Recommendation

Refuse

On the following grounds:

The proposed development would be contrary to policies CC1 and C4 of the South East Plan (May 2009), policies GP12, EN27, HG6 and HG7 of the Ashford Borough Local Plan (2000), policy CS1 of the Local Development Framework Core Strategy (July 2008), policies TRS1, TRS2 and TRS17 of the Tenterden and Rural Sites Development Plan Document (2009) and to Government guidance contained in PPS1 ‘Delivering Sustainable Development’, PPS3 ‘Housing’ and PPS7 ‘Sustainable Development in Rural Areas’ and is therefore considered development harmful to interests of acknowledged planning importance for the following reasons:

1. The proposal to erect a dwelling on this site, which lies outside the built confines of any town or village, in the absence of any overriding need having been demonstrated to justify the proposal, would represent an unnecessary, unsustainable, sporadic and harmful form of development detrimental to the

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character and appearance of the countryside and Low Weald Landscape Character Area.

Note to Applicant

1. None.

Background Papers

Comments from Appledore Parish Council dated 24/02/10

Contact Officer: Stephanie Viney – Telephone: (01233) 330669

8.7 Ashford Borough Council Planning Committee 31 March 2010 Page 1 of Annex 1a to Report 10/00070/AS ______

8.8 Ashford Borough Council Planning Committee 31 March 2010 Page 1 of Annex 1b to Report 10/00070/AS ______

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