Paul Turner – Planning Consultant: Planning Committee 21.08.2018

18/00489/COU Mrs B Watton ESSINGTON Cllr David John Clifft Cllr Peter John Lever

59A Long Lane Newtown South WS6 6AT

Change of Use from workshop to 1no bed bungalow

1. SITE DESCRIPTION AND PLANNING HISTORY

1.1 Site Description

1.1.1 The 0.13 ha. application site forms part of the rear garden area of No. 59a Long Lane, Essington. It is a hard surfaced 'yard' occupied by an existing permanent outbuilding and is used for the parking of vehicles. The site includes the existing access driveway onto Long Lane which would be shared with the existing dwelling.

1.1.2 The existing dwelling 59A and its immediate, original domestic curtilage fall within the Local Plan defined settlement boundary for Newtown. The land to the rear (north), where the development is proposed, is outside the boundary and within the Green Belt. The application site has a Certificate of Lawfulness for use as garden land, incidental to the enjoyment of the existing dwelling house as cited below in the relevant planning history.

1.1.3 The Newtown settlement comprises a strong ribbon of residential development along Long Lane, extending eastwards to the junction with the A34 'Walsall Road'. It is approximately 2.7 km north-east of the village of Essington and 0.9 km south of the conjoined settlements of and , where a full range of community facilities and services are available. To the north of the site is open countryside/paddock land, with the Clee Park Gypsy and Traveller Caravan Park just 150m north-east. To the west and east, is a mix of private gardens and paddock land. Immediately to the south are existing residential properties in Long Lane.

1.2 Planning History

2008, use of land to the rear of the residential dwelling as garden land, incidental to the enjoyment of the dwelling house, withdrawn (08/01165/LUE). 2009, Use of land to the rear of the residential dwelling as garden land, incidental to the enjoyment of the dwelling house, approved (09/00059/LUE). 2013, Material change of use to mixed use as residential garden and as a residential caravan site for two gypsy households with 3 caravans including two static mobile homes, refused on Green Belt grounds (13/00397/COU) 2017, material change of use of land to use as a residential caravan site for one gypsy household with two caravans, including no more than one static caravan/mobile home, refused on Green Belt Grounds (17/00475/COU). Appeal pending. Paul Turner – Planning Consultant: Planning Committee 21.08.2018

2018, rear extension to dwelling, grant of prior approval, 31 July 2018 (18/00506/LHSHLD)

1.3 Assessment of Planning History

1.3.1 The 2009 Certificate of Existing Lawful Use granted use of the land to the rear of 59a Long Lane (including the current application site), as private garden land. The building erected on this land now proposed for conversion, was subject to an enforcement investigation. However, it was concluded that the building represented permitted development within the lawful garden and the enforcement case was closed. The building is currently used for ancillary domestic purposes in connection with the occupation of 59A Long Lane.

1.3.2 Previous applications for gypsy and traveller pitches have been refused in 2013 and 2017 on this site, on Green Belt grounds as inappropriate development having a negative impact on the openness of the Green Belt. These applications included static caravans, touring caravans and the use of the outbuilding subject to the current application as the amenity/utility block for the pitches.

1.4 Pre-application Discussions - None.

2. APPLICATION DETAILS

2.1 Proposal

2.1.1 The application proposes the conversion of the tiled pitched roof and rendered masonry, single storey building situated approximately 45m to the rear of the existing dwelling in the applicant's ownership, No. 59A Long Lane. No extensions or external alterations are proposed, other than the obscure glazing of the windows to the proposed bathroom. The building measures 6m x 7m (external dimensions) with a 4m ridge height which would not be altered. The accommodation would comprise an open plan kitchen/living room, one bedroom and a bathroom.

2.1.2 The scheme will retain and utilise the existing door and window openings.

2.1.3 The proposal also includes the provision of 2 parking spaces and a paved area of amenity space.

3. POLICY CONTEXT

3.1 Within the Green Belt

3.2 Adopted Core Strategy

Strategic Objective 1 - To protect and maintain the Green Belt and Open Countryside in order to sustain the distinctive character of Core Policy 1 - The Spatial Strategy for South Staffordshire GB1 - Development in the Green Belt Paul Turner – Planning Consultant: Planning Committee 21.08.2018

Core Policy 2 - Protecting and Enhancing the Natural and Historic Environment EQ4 - Protecting and Enhancing the Character and Appearance of the Landscape Core Policy 4 - Promoting High Quality Design EQ11 - Wider Design Considerations EQ12 - Landscaping Core Policy 9 - Rural Diversification EV5 - Rural Development EV6 - Re-use of Redundant Rural Buildings Core Policy 11 - Sustainable Transport EV12 - Parking Provision

3.3 National Policy

National Planning Policy Framework 2018 2. Achieving Sustainable Development 13. Protecting Green Belt land.

4. CONSULTATION RESPONSES

Parish Council comments - Object. Inappropriate development in a residential area, over development of site, and out of character. (received 10/07/2018)

Neighbour Comments - 13 letters have been received from the local residents (6 in support and 7 in objection, received between 02/072018 and 25/07/2018).

Supporting comments:

No detrimental impact on neighbours and the proposal is a better option than the previous proposals for a residential caravan site.

Objecting comments:

-Numerous previous applications for various forms of residential development rejected on Green Belt grounds. -The application is supported by the family and others who are attempting similar things, but this does not remove objections to this and previous applications. -Green belt land must be protected and rules regarding development not perverted by development without permission, changing descriptions to suit and then requesting changes of use. -Garden-grabbing and in the long term could set a precedent for many other home owners in Long Lane to apply for the same permission. -Our back gardens are quiet havens as we all live in very close proximity. -Loss of privacy -Disturbance by noise associated with residential occupation and traffic in proximity to neighbouring gardens. -Precedent for a developer to build dwellings on the land if permission is granted. -Shared access, backland development. -Increased access/highways risk. Paul Turner – Planning Consultant: Planning Committee 21.08.2018

-Along with the application for a gypsy and traveller development on this site this could set a precedent for further inappropriate residential development in the area. -The proposed residential property in the back garden of a house situated within a densely populated residential lane would be inappropriate and cause disturbance and loss of amenity to neighbours. -In 2009 the erection of this building was reported I was informed that it did not need planning permission and that it was an amenity to the house and could not be used as a dwelling [no mention of workshop as stated in the application]. If this is allowed it will set a clear precedent to others nearby to do the same. There are no houses/properties in Long Lane/Newtown with a bungalow/house or separate dwelling in their garden. -Should be a rural residential area in Green Belt. -The existing use is not as a workshop as stated in the application. -Risk of flooding in heavy rain mainly due to rainwater entering the sewage system, extra properties and an increase in hardstanding areas will make the situation worse. -The application building was stated as a play house on the sales listing with Estate Agents a few months ago, and to be used as an amenity building for the proposed residential Gypsy caravan site. This building has never been a workshop it has always been listed as a Play room and was erected with no planning permission. The owner could keep the building as long as it is not used as a dwelling. -Adverse effect on our privacy and enjoyment of our garden.

Site Notice (expired 17/07/2018).

5. APPRAISAL

5.1 This application has been called-in to Planning Committee by the Chief Planning Officer.

5.2 Key Issues

- Principle of development - Policy EV6 - Conversion of redundant Rural Buildings - Impact on openness of Green Belt - Highway Issues - Impact on neighbouring properties/Space about Dwellings standards

5.3 Principle of development

5.3.1 The site is located within the Green Belt where local plan policy GB1 states that the re-use of an existing building is an acceptable form of development in principle, provided that the proposed use/development (taking into account the size of any extensions, rebuilding or required alterations), would not harm the openness of the Green Belt or the fulfilment of its purposes.

5.3.2 Paragraph 146 of the NPPF (2018) states that certain forms of development are also not inappropriate in the Green Belt providing that they preserve openness, and do not conflict with the purposes of including land within it. The NPPF includes the Paul Turner – Planning Consultant: Planning Committee 21.08.2018 re-use of buildings as a category of development not regarded as inappropriate if the buildings are of permanent and substantial construction.

5.3.3 The building was erected some years ago as an ancillary domestic building to the residential occupation of 59A Long Lane, on land that has lawful domestic use as part of the garden to that property. The location and dimensions of the building fall within the qualifying 'Permitted Development' criteria of The Town & Country Planning (General Permitted Development) Order 2015 (as amended), as an ancillary domestic building. The building is of sound and permanent construction. The proposal does not include any extension or material external alterations to the existing building. The existing window and door openings would be retained and utilised, unaltered except for the obscure glazing of the widows to the proposed bathroom. The conversion of this building is acceptable in principle within the Green Belt, in accordance with GB1 of the Core Strategy and the NPPF.

5.4 Policy EV6 - Conversion of Redundant Rural Buildings

5.4.1 Core Strategy policy EV6 advises that the conversion of redundant rural buildings will be supported by the Council, provided the building is capable of conversion without detrimental alterations affecting its character, appearance, significance, general setting and immediate surroundings. The Council would normally prefer to see the use of rural buildings for economic purposes before residential. However, the location of the application building, within a close-knit residential environment and with its access running alongside residential neighbour boundaries would be likely to result in poor land use relationship and compromised residential amenity from the coming and going of non-residents and commercial vehicle movements from a business use.

5.4.2 The location, adjacent to the Newtown Development Boundary and within 300m of the Landywood bus service stops at Walsall Road is sustainably accessible.

5.5 Impact on Openness & Purposes of the Green Belt

5.5.1 The proposed conversion, without any extension, and confinement of residential use within an enclosed existing garden/parking area would not have any impact upon the openness of the Green Belt. The existing boundary to the north with open grassed land could be appropriately reinforced with the planting of a native species hedge and controlled as such by planning condition. The future openness of the Green Belt can be further safeguarded by the removal of Permitted Development rights by imposition of planning condition.

5.5.2 The proposal would not conflict with any of the 5 Green Belt purposes defined by paragraph 134 of the NPPF, namely: a) to check the unrestricted sprawl of large built-up areas; b) to prevent neighbouring towns merging into one another;

Paul Turner – Planning Consultant: Planning Committee 21.08.2018 c) to assist in safeguarding the countryside from encroachment; d) to preserve the setting and special character of historic towns; and e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

5.6 Highway Issues

5.6.1 The application site is primarily hard surfaced and already used for the parking of vehicles. The proposal would make provision for the parking of 2 cars for the proposed dwelling. Two parking spaces would be provided at the frontage of the existing No. 59 Long Lane. There is adequate existing space to turn and manoeuvre cars within the application site and on the wide driveway to the existing dwelling. The proposal accords with the Council's parking standards. The traffic generated by a 1-bedroom dwelling would not materially impact on highways matters.

5.7 Impact on neighbouring properties & Space about Dwelling Standards

5.7.1 The nearest dwellings/corresponding neighbour windows are at least 40m from the proposed dwelling. The building for conversion is single storey with intervening screen fencing/planting between it and neighbours. In this situation the development would not have an unacceptable impact on the privacy or amenities of neighbours.

5.7.2 A large domestic curtilage is included, comfortably compliant with the Council's adopted Space about Dwellings Standards.

6. CONCLUSIONS

6.1 Both local and national Green Belt policy allows for the residential conversion of existing buildings within the Green Belt. The proposal safeguards the openness of the Green Belt and is compliant with the purposes of Green Belt Policy, as defined by the NPPF.

6.2 The design and location of the proposed dwelling would not compromise the privacy or amenities of neighbours.

6.3 The proposal is in accordance with relevant local and national planning policy and therefore would not set a precedent for additional unacceptable development.

7. RECOMMENDATION - APPROVE Subject to Conditions

Subject to the following condition(s):

1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted. Paul Turner – Planning Consultant: Planning Committee 21.08.2018

2. The development shall be carried out in accordance with the approved drawing: 2241.02 dated 12/06/2018.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revising, revoking and re- enacting that Order with or without modification), there shall be no enlargement or extension of the dwelling hereby permitted, including any additions or alterations to the roof, and no new building or enclosure shall be constructed within the application site without the prior written approval of the Local Planning Authority.

4. Prior to the first occupation of the dwelling hereby permitted details of boundary and landscape treatment, to include a private garden area and the planting of a native species hedgerow along the extent of the northern site boundary, shall be submitted to and approved in writing by the LPA. The development shall be maintained in accordance with the approved scheme details unless otherwise agreed in writing by the LPA.

5. Prior to the first occupation of the dwelling hereby permitted details of vehicle turning areas for both the proposed and existing dwelling (59A Long Lane), shall be submitted to and approved in writing by the LPA. The development shall be maintained in accordance with the approved scheme details unless otherwise agreed in writing by the LPA.

Reasons

1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. In order to define the permission and to avoid doubt.

3. To safeguard the openness and appearance of the Green Belt in accordance with policy GB1 of the adopted Core Strategy and Paragraph 146 of the NPPF (2018)

4. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.

5. In the interests of public and highway safety and convenience and to conform to the requirements of policy EQ11 of the adopted Core Strategy.

Paul Turner – Planning Consultant: Planning Committee 21.08.2018

Proactive Statement

In dealing with the planning application the Local Planning Authority has worked in a positive and proactive manner in accordance with paragraph 38 of the National Planning Policy Framework 2018.

Paul Turner – Planning Consultant: Planning Committee 21.08.2018

18/00489/COU - 59A Long Lane Newtown Walsall South Staffordshire WS6 6AT