MJB1 S16/1218 Target Decision Date:5th July 2016 Committee Date:26th July 2016

Applicant Mr A Adams 40A Stamford Road Market Deeping PE6 8AB Agent Mr A M Knight Mouse Cottage North Fen Road Glinton Proposal Erection of garage/workshop Location 40A Stamford Road Market Deeping Lincolnshire PE6 8AB Application Type Householder Parish(es) Market Deeping Town Council

Reason for Referral to Member Request Committee Recommendation That the application is:- Approved conditionally

Key Issues

 Impact on the neighbours residential amenity  Impact on the character and appearance of the area  Highways issues

Technical Documents Submitted with the Application

 Site Plan  Block Plan  Elevational drawings

Enquires about this report to: Miranda Beavers Assistant Planning Officer 6302 [email protected]

57 58 1.0 Description of proposal

1.1 This is an application for a two storey detached garage/workshop to be situated within the garden area of no.40a Stamford Road. The workshop will measure approximately 9m by approximately 7.2 metres and will have a ridge height of approximately 6.5m. A very similar workshop was previously approved under application no.S09/1433 but was never implemented. The workshop/store is proposed to be used for domestic purposes, the ground floor consists of double garage sized storage area with cloakroom/WC, the upper floor is open plan all ancillary to the main dwellinghouse.

2.0 Description of site

2.1 The existing dwelling is a large brick built dwelling with tiled roof located on a large plot with a private access drive off Stamford Road. The dwelling is on a large plot (in excess of 0.5 ha). The boundary treatment for the garden is almost entirely made up of tall mature hedging. A small footpath runs along the southeast perimeter of the site.

3.0 Relevant History

Reference Proposal Decision Date S09/1433 Erection of two storey domestic workshop Approved 20/08/2009 Conditionally S12/1288 Erection of detached dwelling Approved 03/08/2012 Conditionally

4.0 Policy Considerations

4.1 National Planning Policy Framework (NPPF) Section 7 - Requiring good design

4.2 South District Council Core Strategy Policy EN1 - Protection and Enhancement

5.0 Representations Received

Parish Council No objections.

LCC Highways & SuDS Support No adverse comments.

Lincolnshire Fieldpaths Association It is expected that the definitive line and customary width of the path will not be affected by the proposed development.

During any works allowed by this proposal, users of the Public Right of Way should not be inconvenienced or exposed to hazards by any such works.

59 6.0 Representations as a Result of Publicity

6.1 This application has been advertised in accordance with the Council's Statement of Community Involvement and 6 Letters of representation have been received. The points raised can be summarised as follows:

1. Dominant and oppressive environment created by the proposal 2. Overlooking or loss of privacy 3. Design out of keeping with the character of the area 4. Visually intrusive 5. Excessive noise nuisance 6. Highway safety or traffic impact

7.0 Evaluation

7.1 Impact on the character and appearance of the area

7.1.1 Evaluation

7.1.1.1 The proposal is for a detached domestic workshop situated within the garden area of the existing dwelling, which will be visually unseen from the highway. Given that the plot is in excess of 0.5 hectare and the fact that the existing dwelling is of considerable size, it is considered that the proposal is subservient in size and scale to the main dwelling.

7.1.1.2 Taking the above into account, it is considered that, by virtue of the design, scale and materials to be used, the proposal would be in keeping with the host dwelling, streetscene and surrounding context and would not result in harm to the area, in accordance with the NPPF Section 7 , and Policy EN1 of the Core Strategy.

7.2 Impact on the neighbours' residential amenities

7.2.1 Privacy / Overlooking: Concerns were raised regarding overlooking and loss of privacy. However, the workshop is proposed to be sited approximately 15m from the north boundary and approximately 4.5 metres from the west. Although there are velux windows at first floor level it is considered there would be no overlooking due to the positioning, angle and height within the workshop. For this reason it is considered that adequate separation distance between the proposal and other neighbouring properties has been achieved in order to ensure that there is no loss of privacy/overlooking or dominance to occupants of neighbouring dwellings. It should be noted that an application was approved in 2009 (S09/1433) for a very similar workshop.

7.2.2 Dominant and oppressive environment: Concerns were raised regarding the size and design of the workshop. However, it is considered that due to the size of the existing dwelling, size of the plot, separation distance to other dwellings and size and design of the proposed structure, it is considered that the workshop is subservient in size and scale to the main dwellinghouse and would not adversely affect the occupiers of neighbour properties.

7.2.3 Noise/odour nuisance: Concerns were raised regarding excessive noise nuisance as a result of the proposed workshop and that it may be used for commercial activity. However, the extension is proposed for domestic use and has been conditioned to be used in relation/ancillary to the enjoyment of the occupants of No.40a and therefore there should be minimal, if any increase in noise/odour as a result of the proposal.

7.2.4 The proposal is therefore acceptable in this respect, in accordance with the NPPF Section 7 and Policy EN1 of the South Kesteven Core Strategy.

60 7.3 Highway issues

7.3.1 Concerns were raised regarding increase traffic movements and traffic safety if the premises were to be used as a separate commercial enterprise. To mitigate this concern the proposed use is for a domestic workshop is to be conditioned to remain as an ancillary use only to the main dwellinghouse and that the building shall be used for the enjoyment of the occupants of the existing dwellinghouse. There are no proposed alterations to the access road or use of the site and as such there would be minimal, if any increase in traffic using the site and therefore no adverse impact on highway safety.

7.3.2 It should be noted that an application was approved for three dwellings on this site in 2008, however the applicant was not able to secure the access to the site via Drive.

7.3.3 The proposal is therefore acceptable in this respect, in accordance with the NPPF Section 4 and Policy SP3 of the South Kesteven Core Strategy.

7.4 Trees

7.4.1 There were concerns regarding the removal of an Alder tree on the site to make way for the proposed workshop, however the tree is not protected by a Tree Preservation Order nor is it within the Conservation Area. Its removal would not normally require consent, and its removal is not considered to the detrimental to the character of the area.

7.5 Evaluation

7.5.1 The proposed workshop is to be situated in the garden area of the existing dwelling, has a fairly simple design with pitched roof, will be built using materials to match the existing dwelling and is considered appropriate in size and scale to the existing dwelling and is in keeping with the surrounding area.

7.5.2 The proposal is therefore acceptable in this respect, in accordance with the NPPF Section 7 and 10 and Policy EN1 of the South Kesteven Core Strategy.

8.0 Crime and Disorder

8.1 It is considered that the proposal would not result in any significant crime and disorder implications.

9.0 Human Rights Implications

9.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

9.2 It is considered that no relevant Article of that act will be breached.

10.0 Conclusion

10.1 Taking the above into account, it is considered that the proposal is appropriate for its context and is in accordance with the NPPF (Sections 4, 7 and 12) and Policy EN1 of the South Kesteven Core Strategy. The issues relating to dominant and oppressive environment, overlooking and loss of privacy, design out of keeping with the character of the area, visually intrusive, excessive noise and highway safety are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

61 11.0 RECOMMENDATION: that the development is Approved subject to the following conditions

Time Limit for Commencement

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

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

Approved Plans

2 The development hereby permitted shall be carried out in accordance with the following list of approved plans:

i. Plans and elevations Drawing No.SK0025/1 received 10 May 2016 ii. Block Plan Drawing No.SK0025/BP received 10 May 2016

Unless otherwise required by another condition of this permission.

Reason: To define the permission and for the avoidance of doubt.

During Building Works

3 Before any part of the development hereby permitted is occupied/brought into use, all external finishes shall have been completed to match in material, colour, style, bonding and texture those of the existing building.

Reason: To ensure a satisfactory appearance to the development in the interests of the visual amenities of the area and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

Ongoing Conditions

4 The building hereby permitted shall not be occupied/brought into use at any time as a separate dwelling or any purpose other than those ancillary to the residential use of the dwelling known as 40a Stamford Road.

Reason: The establishment of a further independent dwelling on this site would give rise to conditions detrimental to the amenities and privacy of both the existing dwelling and proposed accommodation.

Standard Note(s) to Applicant:

1 In reaching the decision the Council has worked with the applicant in a positive and proactive manner by determining the application without undue delay. As such it is considered that the decision is in accordance with paras 186 - 187 of the National Planning Policy Framework.

62 Elevation Plan

Block Plan

63 Site Plan

64