Planning and Design & Access Statement Land at Tile Barn, Back
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Planning and Design & Access Statement Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE Prepared For Mr. G. Davies October 2018 8855 Including: Design & Access Statement Foul sewage and utilities assessment Parking Provision CONTENTS 1 INTRODUCTION 1 Planning History 1 2 DESIGN AND ACCESS STATEMENT 2 3 PLANNING POLICY 3 Principle of Development 3 NPPF 6 Site Specific Policies 7 4 FOUL SEWAGE AND UTILITIES ASSESSMENT 11 5 CONCLUSION 12 Planning and Design & Access Statement Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE 1 INTRODUCTION 1.1 This planning statement is written in support of the application for a single new dwelling at land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE. 1.2 The application site is located within Herriard, a small rural village to the south-east of Basingstoke. The proposal comprises the erection of a two storey 3-bed detached house with associated double carport and log store. The dwelling is proposed in the south-east portion of the garden of Tile Barn. The existing access for Tile Barn will be used to provide access to the new dwelling. 1.3 The application site is located on Back Lane which runs adjacent to the Herriard Green and contains a number of other residential properties. The site is screened from the highway by the existing hedges and shrubs along Back Lane and the only views into the site are from traveling along Back Lane from west-to-east. 1.4 The applicant currently lives in Tile Barn and the proposed house is intended for the applicant to downsize, whilst continuing to remain in the area. PLANNING HISTORY 1.5 The planning history for the site is limited, it includes: - BDB/35504 – Erection of detached garage/store with dormer windows at Tile Barn Herriard. Approved 3rd February 1994. - BDB/23518 – Two storey side extension – Tile Barn Herriard. Approved 10th December 1987. 1.6 The planning history does not have any impact on this application. Planning and Design & Access Statement 1 Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE 2 DESIGN AND ACCESS STATEMENT 2.1 The proposal relates to a new dwelling in the garden of Tile Barn, Herriard. The new dwelling will be located in the southern region of the garden, with a new boundary erected to provide both the existing and proposed dwelling with garden space. The site is relatively flat and does not contain any significant features. 2.2 The dwelling comprises a two-storey dwelling with three double bedrooms. Two bedrooms are located on the first floor and one bedroom on the ground floor. The dwelling will be surrounded by garden to create an attractive setting. The site shares its south-east boundary with an agricultural field, separated by a post and rail fence. 2.3 Access to the proposed new dwelling is via the existing drive for Tile Barn off Back Lane, a new entrance point will be added to the existing driveway off Back Lane. Tile Barn has a long drive which leads up to the property, at the beginning of this a new drive will be added for the new dwelling. New hedge planting is proposed along the length of the driveway, this will act to screen the drive from the new dwelling and separate the garden spaces. A new carport with a log store is proposed at the entrance of the driveway, providing parking and marking the entrance to the new dwelling. 2.4 The appearance of the new dwelling will respect the rural setting of the village, being constructed of facing stock brick and timber cladding, with a clay plain tile roof. The new drive will match with the existing with gravel, and the proposed planting will also match the surrounding area. Planning and Design & Access Statement 2 Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE 3 PLANNING POLICY 3.1 Section 70 of the Town and Country Planning Act 1990 and 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications should be determined in accordance with the development plan unless other material considerations indicate otherwise. In the case of this application, the development plan of relevance consists of the Basingstoke and Deane Local Plan (2011 to 2029). The main material consideration is the National Planning Policy Framework July 2018 (NPPF) which sets out the Government’s up to date strategy and guidance for plan making and decision taking. PRINCIPLE OF DEVELOPMENT 3.2 Policy SS6 of the Basingstoke and Deane Local Plan sets out the criteria for new housing in the countryside. In this application, the site is located outside any defined settlement boundary and is therefore within the countryside. It must therefore be tested against this policy. The policy sets out that development proposals for new housing outside of Settlement Policy Boundaries will only be permitted where they are: a) On ‘previously developed land’, provided that: i. They do not result in an isolated form of development; and ii. The site is not of high environmental value; and iii. The proposed use and scale of development is appropriate to the site’s context’. 3.3 Previously developed land is defined in the NPPF as ‘Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or was last occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill, where provision for restoration has been made through development management procedures; land in built-up areas such as residential gardens, parks, recreation grounds and allotments; and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape’. Planning and Design & Access Statement 3 Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE 3.4 The Basingstoke and Deane Local Plan definition for ‘previously developed land’ (PDL) defers to the definition within the NPPF quoted above and provides a summary of the NPPF definition. 3.5 The High Court (Charles George QC) handed down judgement in January 2016 in Dartford Borough Council v Secretary of State for Communities and Local Government. The principle issue before the Court was whether the definition of ‘previously developed land’ (commonly known as brownfield land) within the NPPF excluded all private residential gardens, or just those ‘in built up areas’. 3.6 The Deputy Judge held that the wording of the exemption to previously developed land, within the NPPF was significant. It reads ‘land in built-up areas such as: private residential “(underlining added). As such, the Deputy Judge found that only residential gardens within the “built up area” were exempt from the definition of previously developed land whereas, residential gardens outside “built up areas” were “brownfield”’. 3.7 The Court held there to be a rational explanation for the distinction, namely that undeveloped land in the urban area was at more of a premium and thus required greater protection. Although such a consideration did not feature in the Written Ministerial Statement of Letter to Chief Planning Officers on the issue of “garden grabbing” which accompanied the amendments to national policy in 2010, those documents have to be read alongside the wording of the amendment to national policy (then contained within PPS3 “Housing”) which in common with the NPPF, preceded the exclusion of residential gardens with the phrase “land in built-up areas”. 3.8 This approach was accepted in a nearby case under reference 16/01547 – erection of a lifetime dwelling land at Southrope Cottage, Back Lane, Herriard. The Council have also accepted this approach on numerous other occasions across the Borough. 3.9 The site is not within a ‘built up area’ which, to be consistent with the Local Plan, could reasonably be interpreted as being within a Settlement Policy Boundary. As a result, by this definition, taking into consideration the location of the proposed development with regard to its position outside any Settlement Policy Boundary and its location within the garden of Tile Barn, it can be considered as PDL. Planning and Design & Access Statement 4 Land at Tile Barn, Back Lane, Herriard, Hampshire, RG25 2PE 3.10 Based on the assumption that this land is PDL, there are three tests which the development must comply with in order for the principle of development to be considered acceptable by the Council. It must not result in an isolated form of development, the site must be not of high environmental value, and the proposed use and scale of development must be appropriate to the site’s context. Isolation 3.11 Policy SS6i) requires that development does not result in an isolated form of development. The local Plan provides a detailed interpretation of what is meant by the term ‘isolated’. It states that ‘in content of new residential development in the countryside where there is a significant separation between the proposed dwelling and the nearest settlement. Additionally, a dwelling is considered to be isolated if it is not well served by public transport (e.g. within 500m of a bus stop or train station) or well served by services and facilities (e.g. within 1km of a SPB, which generally contains facilities such as school, post offices, doctors’ surgery etc)’. 3.12 The term ‘settlement’ is also defined with the Basingstoke Development Plan. It states that ‘a settlement typically consists of a village, comprised of more than a group of houses, or farmstead, including a least one service or facility, such as a village hall, public house or school’.