PLANNING APPLICATION REPORT Case Officer: David Cooper Ward: Bridestowe Ward Member: Cllr L J G Hockridge Application
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PLANNING APPLICATION REPORT Case Officer: David Cooper Ward: Bridestowe Ward Member: Cllr L J G Hockridge Application No: 01172/2013 Agent/Applicant: Applicant: Mr A Weed Miss P Ogborne Woodbury Farm Fursdon Farm Chilla Bratton Clovelly Beaworthy Okehampton Devon EX20 4JG EX21 5XE Site Address: South Fursdon Farm, Bratton Clovelly, Okehampton, EX20 4JG Development: Replacement dwelling © Crown copyright and database rights 2014 Ordnance Survey 100023302 Scale 1:1250 For internal reference only – no further copies to be made Reason item is being put before Committee Called in by Cllr John Hockridge - Member for Bridestowe Ward “Although the Bungalow is in a bad state of repair. The property does have Mains Electricity and Water. The applicant has paid the Council Tax monthly on the property. I would like this application to go to committee.” Recommendation: Refusal Reasons for Refusal 1. National Planning Policy Framework 2012 Paragraph 55 Requires that to promote sustainable development in rural areas ... “Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances” This underscores West Devon Borough Council Local Development Framework Core Strategy DPD (2006 – 2026) Strategic Policy 5 defining that housing in the countryside will be strictly controlled and only be permitted where there is clear essential agricultural, horticultural or forestry need can be demonstrated in addition to West Devon Borough Local Plan Review 2005 saved Policy H31 restricting residential development outside the defined limits of settlements. While it is noted that the application is for the replacement of a derelict former dwelling, in applying the common law test to establish whether a dwelling has been abandoned, the former dwelling in this case is reasonably considered to be, as a matter of fact and degree, abandoned. The current proposal is therefore considered to represent the creation of a new isolated dwelling in the open countryside and in the absence of any special circumstances is considered contrary to the aforementioned policy. 2. Local Development Framework Core Strategy DPD 2006 – 2026 Strategic Policy 20 Promoting High Quality Design requires proposals to achieve high quality design of both buildings and landscape and discusses in its supporting text that developments must be of an appropriate scale, design and materials for their location. West Devon Borough Local Plan Review 2005 saved Policy H35 [replacement of existing rural dwellings] requires that the size of a replacement dwelling shall not exceed the existing dwelling by more than 10% of the floor area. National Planning Policy Framework 2012 paragraphs 56-57 and 64 requiring good design. Notwithstanding the assertion that dwelling is abandoned, the proposed development by reason of its circa 70% increase in floor space, its bulk, massing, its disproportionately oversized roof planes in relation to its overall height, its use of materials and clumsy position of its windows would constitute a poor design, a discordant and incongruous form of overdevelopment within the rural landscape failing to harmonise with the exiting patterns of built form near to its location contrary to the aforementioned policies. 3. Local Development Framework Core Strategy DPD 2006 – 2026 Strategic Policy 9 – Meeting Housing Needs – states that “Throughout the area of West Devon covered by this Core Strategy all housing development will be expected to contribute to meeting the targets for affordable housing set out below, subject to viability ...On sites of 1-4 dwellings, excluding wholly flatted developments, a 15% off site financial contribution per dwelling will be required.” This shall be provided “...where this would not compromise the overall viability of the development. The National Planning Policy Framework 2012 states at Paragraph 176, “Where safeguards are necessary to make a particular development acceptable in planning terms (such as environmental mitigation or compensation), the development should not be approved if the measures required cannot be secured through appropriate conditions or agreements” Notwithstanding the assertion that the alleged dwelling is abandoned in law, and the proposed “new dwelling” is an isolated dwelling within the rural area, the application relates to the erection of a substantially larger dwelling than that it is claiming to replace. The circa 70% increase would incur a liability under Strategic Policy 9, although, the application has failed demonstrate to the satisfaction of the local planning authority that a planning obligation (to meet Strategic Policy 9) would cause the development to be unviable. Furthermore the applicant has failed to demonstrate an intention to meet the Policy requirement, the proposal is therefore considered contrary to the aforementioned policies. Key issues for consideration: The key issues for consideration are, whether the existing derelict dwelling exists in an abandoned or an un-abandoned state, and consequently whether the application falls to be determined under policy H.31 & NPPF Para 55 as a new isolated dwelling in the countryside or determined under Policy H.35, as a replacement dwelling, Furthermore the application in either case fails to make adequate provision for the Strategic Policy 9 and fails to propose an acceptable design and the adequacy of the access and bat mitigation measures proposed are at issue. Site Description Fursdon is a small hamlet to the south west of Bratton Clovelly village. It comprises a few houses and farm buildings in two staggered ‘clusters’, either side of a winding farm track. The northernmost property on the eastern side of the track being a recently erected two-storey replacement farm house with outbuildings to its front yard area, beyond that, an agricultural workers bungalow, to the south-western side of the lane a further dwelling, and Fursdon Farm house and associated farm and livestock and other buildings. The track leading further to the south and to the application site has livestock buildings at its western side and the track meets a fork where a bridleway is signposted to the east and the track off to the west. The application site rests within the apex of that fork among a cluster of trees flanked by Devon Banks to the east and west. The existing building is of a single storey and is of a render clad brick construction with a corrugated iron pitched roof featuring a gable to the right-hand side and a small chimney stack to the left. The main body of the structure described here as the front portion of the structure, is partially intact, although is not wind or water tight with missing fenestration and openings in the roof. The exterior of the front portion is in poor condition with sporadic render cover and brick mortar in poor condition. The facade features an overwhelming covering of mature ivy that partially obscures the front entrance and windows, with mature undergrowth covering the foreground, further preventing access to the front of the structure. It is also clear that the surrounding flora has be untended for a substantial period of time, save for the clearing of the primary field access which is evidently in regular use and flows from the apex of the fork in the track into the field south of the application site. The rear of the structure originally had a lean-to corrugated iron roof that along with the rear wall is in a state of collapse. The rear portion structure appeared to house two rooms and a kitchen although there is little evidence of the claimed bathroom as the structure was significantly inaccessible in that portion of the structure for a reasonable inspection. Moreover the rear portion is beset with significant overgrowth of mature ivy and has been unattended for a substantial period of time. There is little or no evidence of any works to secure the structure from the elements, flora or fauna with an established bat roost evident in the covered portion of the building. Hence the remains of a single storey four bed bungalow bare little relation to the 156sqm floor area claimed as existing. Description of the Proposal Planning permission is sought to replace a ‘derelict house’ with a ‘chalet style’ dwelling comprising of entrance hall, living room, dining room/kitchen utility room and WC on the ground floor and three bedrooms and two bathrooms, one en-suite on the first floor. The external appearance of the proposed dwelling would be dominated by a very large concrete tile roof containing dormer windows: two on the north-west elevation and single one in the south west elevation. Smooth render walls and white Upvc windows and doors would finish the materials. Part of the reason for proposing such a large roofed dwelling and a large accompanying garage to the south west of the proposed house, is the need to provide extensive bat mitigation measures. Schegler bat tubes and 4 bat slates two in each roof plane of the main house and a bat roost area in the garage. Drainage is shown into a proposed septic tank in a neighbouring field to the south. The location plan, that accompanies the application, shows the field in the same ownership. In the Design and Access Statement that accompanies the application the agent states;- ‘This application seeks to gain consent to replace the existing derelict house with a new dwelling to include a garage with bat mitigation . The existing dwelling is not suitable for habitation, the roof having been demolished by the elements, this necessitating replacement in its entirety The applicant is a carer for her Mother and is currently living in Fursdon farm, Bratton Clovelly. When her Mother finally passes away, the property known as Fursdon Farm will be sold and the proceeds distributed among the siblings. Therefore. Miss P. Ogbourne, although owning the current derelict South Fursdon Farm, will be and homeless. This therefore is the justification.’ The application has been accompanied by a Preliminary Ecological Appraisal undertaken by Green Ecology, May 2013 and an Ecological and Dawn Survey Report prepared by David F Wills, 10th August 2013.