PLANNING APPLICATION REPORT Case Officer: David Cooper Ward: Bridestowe Ward Member: Cllr L J G Hockridge Application

PLANNING APPLICATION REPORT

Case Officer: David Cooper

Ward: Bridestowe

Ward Member: Cllr L J G Hockridge Application No: 01172/2013 Agent/Applicant:

Mr A Weed Woodbury Farm Chilla Beaworthy Devon

Applicant:

Miss P Ogborne Fursdon Farm Bratton Clovelly Okehampton EX20 4JG
EX21 5XE

Site Address: South Fursdon Farm, Bratton Clovelly, Okehampton, EX20 4JG

Development: Replacement dwelling

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. 2. 3.
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.

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.

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 appli cation 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.

Consultations:

County Highways Authority – Standing highway advice no objections. Devon County Council – Rights of Way Warden – The application make no reference to the adjacent Public Right of Way, which follows the same line as the access track to the site. While not directly affecting the PRoW the applicant should be advised that the bridleway must remain free of any obstruction during the construction of this dwelling, and that if any change to the existing surface of the PRoW is planned, DCC must be consulted before work takes place.

Natural England – Consultation response has been provided in sections.



Statutory nature conservation sites:- No objection Protected Species – Refer to standing advice Local sites – Local Planning Authority responsibility Biodiversity Enhancements – This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this permission for this application. This is in accordance with Paragraph 118 of the National Planning Policy Framework. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the

purpose of conserving biodiversity ‘. Section 40(3) of the same Act also

states that ‘conserving biodiversity includes, in relation to a living organism

or type of habitat, restoring or enhancing a population or habitat.’



Landscape Enhancements – This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community , for example through green space provision and access to the contact with nature . Landscape characterisation and townscape assessments , and associated sensitivity and capacity assessments provide tools for planners and developers to consider new development and ensure that it makes a positive contribution in terms of design , form and location, to the character r and functions of the landscape and avoids any unacceptable impacts.

Countryside & Community Projects Officer – An initial site appraisal was followed

by further Bat Emergence and Re-entry surveys. It was concluded that the building was being used by a single Lesser Horseshoe Bat as an occasional day roost and as a night roost in autumn. It was considered possible that the building might also be use d by crevice dwelling bats due to levels of activity in the vicinity though this

wasn’t confirmed.

Demolition of the existing building without mitigation would result in a Habitats Regulations offence and requires an EPS Licence; however the ecologist has proposed detailed mitigation to ensure the proposal can proceed legally without a Licence.

A Detailed mitigation Method Statement for Bats has been submitted, with provisions properly reflected on the associated plans. The key features of the mitigation are:

 A garage structure containing a new dedicated bat roost will be created prior to demolition of the existing building ensuring continuity of a bat roosting space.
 The new bat roost will be of a dimension and contain the features appropriate to the roosting requirements of the Lesser Horseshoe species as were recorded at the site.
 The Statement will inform precautionary working practices during demolition and will be explained to contractors.
 Provision for crevice –dwelling bats will be made within the new dwelling which is likely to enhance suitable roosting space fro such species.

The mitigation is suitable for the species recorded on site, and appropriate in scale. It is reasonable to consider that it will maintain the functionality of the site for bats , and subject to adherence to the Statement (notably creation of the garage and associated roost before any demolition of the main dwelling) it is reasonable to conclude that a Habitats Regulations offense is unlikely and no ESP Licence is required.

Conditions relating to: ‘Detailed Mitigation Method Statement for Bats’ and works ‘timed outside of bird nesting season’ in the event that the application is

recommended for approval.

Bratton Clovelly Parish Council – Support the application Representations

Site notice posted and neighbours notified of the application. This has not resulted in receipt of any letters of representation (LORs)

Relevant Planning History

None

ANALYSIS

The main issues relevant to the determination of this application are:
 Principle of Development / Sustainability  Abandonment  Design & Landscape  Neighbour Amenity  Highways / Access

Principle of Development/Sustainability

National Planning Policy Framework 2012 Paragraph 55 states that “To promote

sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as:
 the essential need for a rural worker to live permanently at or near their place of work in the countryside; or
 where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or
 where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or
 the exceptional quality or innovative nature of the design of the dwelling.
Such a design should:
 be truly outstanding or innovative, helping to raise standards of design more generally in rural areas;
 reflect the highest standards in architecture;  significantly enhance its immediate setting; and  be sensitive to the defining characteristics of the local area.

Strategic Policy 5, Spatial Strategy – states that,

“3.37 new developments will be concentrated in the Main towns of Okehampton and

Tavistock. Limited development in the local centres and Villages may be permitted where it is demonstrated that it will contribute to wider sustainability benefits for the area. Development in the countryside will be strictly controlled and housing only

permitted where there is a clear essential agricultural, horticultural or forestry need”

The application site is located in open countryside where Policy H31 of the West Devon Borough Council Local Plan Review, March 2005, as amended by the Adopted Core Strategy states:-

‘Residential development, outside the defined limits of settlements and where

policy H29 does not apply will not be permitted unless all the following criteria are met

(i)

There is written independent evidence that of a genuine and sustained

need for a dwelling. That need being based upon an essential agricultural, forestry or horticultural requirement for a full time worker to be resident on the holding;

(ii)

The local planning authority has no reason b to believe that the need

for an additional dwelling has arisen primarily due to the recent b sub-division of the holding and/or the recent disposal of a dwelling from the holding ;
(iii)

(iv)
There is no building on the holding suitable for conversion to a dwelling; The dwelling is sited close to existing agricultural buildings unless it can be clearly demonstrated that a more isolated location is essential for the operation of the holding ; and

(v)

The dwelling is in keeping with the character of the area in terms of

scale, design and materials.

The applicant has not sought to make a case for the proposed dwelling on the basis that it satisfies any of these exemption criteria but rather has sought approval on the basis that the proposal represents a replacement dwelling.

Policy H35 relates to replacement dwellings, it states:-

‘Proposals for the replacement of existing rural dwellings in the countryside

(outside defined settlement limits) by new dwellings will be permitted where:-

(i)

The materials and design of the proposed replacement dwelling shall

reflect elements of the traditional design and materials of the rural areas within which it is situated and the scheme will achieve a better

design and environmental result than if full “permitted development”

rights were exercised;

(ii)

The size f the replacement dwelling shall not exceed that of the

existing dwelling by more than 10% of the floor area; and

(iii)

The boundary treatment and landscaping of the dwelling will reflect the

rural character of the area.

Where the sitting of the replacement does not preclude the retention of the existing dwelling, conditions will be attached to the permission or a planning obligation sought to ensure the demolition of the existing dwelling prior to

the occupation of its replacement.’

Paragraph 4.117 of the supporting text makes clear that the onus is on the applicant

to demonstrate that the house to be replaced has not been ‘abandoned’. It states:-

‘It will be for the applicant to demonstrate to the Borough Council that the

original dwelling has not been abandoned and also to undertake to demolish

the original at the latest on completion of the replacement’

NPPF 2012 Paragraph 187: Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area.

It is not known exactly when the property was last occupied. Attempts to get the agent/applicant to clarify this have not been successful:-

Action

Query

Responses to Date

25/01/2013 Among 8 other points of

18/02/2013 Agent’s Response;