Planning Applications Committee Report

Steve Rogers – Head of Planning & Building Standards Services Kirkbank, English Street, Dumfries, DG1 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

CHANGE OF USE OF DERELICT COTTAGE TO FORM DWELLINGHOUSE, RAISING OF GROUND AND FLOOR LEVELS, RAISING OF WALLHEADS AND ERECTION OF EXTENSION AT GILLRIGG FOOT, LOCKERBIE

Application Type: Full Planning Permission

Applicant: Mr M Hyslop Ref. No.: 11/P/3/0363

Recommendation - Refuse

Ward - Annandale North

Hierarchy Type (if applicable) - Local

Case Officer - Mhairi Duff

1 BACKGROUND

1.1 Under the Scheme of Delegation, this application requires to be considered by the Planning Applications Committee as a timeous request was received from Cllr Grant (an Annandale North Ward member) for the application be referred to Committee on the grounds that “Structure Plan Policy D4, para 5 states that "The house can be shown to be essential at that location for the needs of agriculture or other uses requiring an appropriate rural location in the countryside which cannot be satisfied by points 1 to 4 above". Also bearing in mind NPPG 3 ( Revised 1996)... "It might safeguard or contribute to economic activity or employment opportunities".

1.2 The application site is located approximately one mile to the north-east of the hamlet of Nethermill adjacent to a minor single track road which leads to the A701 trunk road to the north and the Templand to Parkgate road to the south. The surrounding area is characterised by undulating mixed agricultural land.

1.3 The application site consists of a derelict farm cottage (originally built as two cottages) which is located approximately 2 metres from the adjacent public road. The cottage occupies a footprint of approximately 74m² with an internal floor area of 61m². The former cottage is of a character typical of the rural area - small, single storey stone built cottage. The cottage has clearly fallen into disrepair. Some areas of the rear wall have been rebuilt with brick, but generally the walls appear to be in reasonable condition. The roof has slates missing to some sections. The floor level of the cottage is lower than the surrounding ground levels and the adjacent road level. The ground levels rise to the rear beyond a retaining wall located 1 metre from the rear of the cottage. The floor level of the cottage is slightly lower than the adjoining ground level and approximately 200mm lower than the road level.

1.4 The proposal is to bring the derelict cottage back into use as a dwellinghouse. A number of alterations and extensions are also proposed:

 Raising of floor level by 1.2m. Surrounding ground levels would also be raised by one metre and a 0.8m high retaining wall constructed to the front of the dwellinghouse.  Increase height of wallheads by 0.8m and reconstruction of roof.  Demolition of rear wall and extension by 0.9m to extend width of dwelling.  Erection of three further extensions. Two to each side of the dwelling with hipped roofs which would match the proposed ridge and wallhead heights and one to the rear also with a hipped roof and ridgeline slightly below that proposed for the main dwelling.

1.5 The proposal is to retain elements of the appearance of the existing frontage (albeit at a higher level) by matching existing wallhead heights from the respective ground levels, installing openings to match the proportions and detailing of those existing and retaining similar detailing and finishes. The ridgeline would be 0.5m higher due to the increase in width of the dwelling (existing roof pitch would be retained).

1.6 The proposed extensions would have a different appearance with hipped roofs and larger, more horizontally proportioned openings in some cases. A champagne coloured cement render is proposed to the extensions. White uPVC tilt and turn windows are proposed.

1.7 The application was submitted with a Structural Assessment Report which concludes that the building is suitable for conversion, subject to recommendations. The report states that it would be "sensible" to raise the floor level of the building and surrounding ground in order to improve the cover to foundations, thereby improving stability; prevent flooding from the adjacent road; and to allow the installation of damp proofing to walls. The report recommends a minimum increase in floor level of around 500mm to be the same level as the road. The report states that if a greater increase of 0.8m to 1.0m was used, this would provide a better margin of safety against flooding. The proposed drawings show that the floor level would be 0.98m above the road level.

1.8 A supporting statement was also submitted with the application as well as a bat survey report.

2 CONSULTATIONS

2.1 Council Roads Officer - no objections subject to conditions.

2.2 Scottish Natural Heritage - no objections.

2.3 Scottish Water - no objections.

2.4 SEPA - no objections. As the site is adjacent to the indicative flood envelope and the authority hold no additional information to indicate that the site is at flood risk, no objection to the proposed development on flood risk grounds. 2.5 Council Flood Risk Officer - no objections.

3 REPRESENTATIONS

3.1 None received.

4 REPORT

Relevant development plan policies:-

Dumfries & Galloway Structure Plan D4 - Housing in the Countryside

Nithsdale Local Plan General Policy 1 - Development Principle General Policy 2 - Development Considerations General Policy 7 - Siting & Design General Policy 15 - Housing in the Countryside

Scottish Planning Policy is a material consideration

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise, to be made in accordance with that plan”.

4.2 When determining applications, the Council is required to consider the overall aims and objectives of the development plan as well the above subject policies. The guiding principle of the Dumfries & Galloway Structure Plan is to encourage the growth and development of sustainable communities in Dumfries & Galloway. To achieve this, the following aims have been set out for the Structure Plan:-  To support development of the local economy  To support urban and rural communities  To support and protect the natural and built environment  To make best use of services and facilities

Policy Considerations 4.3 Structure Plan Policy D4 (Housing in the Countryside) requires that new housing development in the countryside must meet one or more of 5 requirements. The proposal is to convert an existing traditional building and therefore D4(1) is most relevant. In terms of the remaining 4 criteria, the proposal does not involve the replacement of a habitable dwellinghouse, it would not form part of an existing Small Building Group, it is not within an area identified as suffering long term depopulation and it has not been demonstrated that the dwellinghouse is essential for the needs of agriculture. Therefore, the remaining criteria of Policy D4 are not relevant in this case.

4.4 Policy D4(1) of the Dumfries & Galloway Structure Plan allows for the "change of use of traditionally built agricultural or other buildings to a dwellinghouse without substantial rebuilding or extension of the original building". Paragraph 3.13 explains that the renovation and / or conversion can "make a positive contribution to the countryside if the work is undertaken in a sympathetic manner and continues to preserve the area's heritage of traditional buildings".

4.5 The existing derelict cottage is a traditional building which appears to be capable of being brought back into use as a dwellinghouse. In that respect, the principle of the conversion is considered to be appropriate and would represent an opportunity to provide a dwellinghouse whilst retaining and preserving an existing traditional cottage. This is in line with the principle of Policy D4(1). The main issue to consider is whether the proposed dwellinghouse would result in substantial rebuilding or extension which would make it contrary to this policy. Related to this are the provisions of Local Plan General Policy 7 which requires development to "have regard to the character and appearance, scale, density, massing and materials of the building..."

4.6 The proposed alterations would change the external ground levels, bury some of the existing walls and raise the existing floor level of the cottage by 1.2m with a resultant increase in the wallhead height. It is also proposed to demolish the rear wall to increase the width of the gables. Further extensions are also proposed to each side of the proposed dwellinghouse as well as to this rear. This level of intervention would in practice probably lead to the rebuilding of all the walls which is tantamount to the erection of a new dwellinghouse rather than a change of use of a traditional building.

4.7 With regard to the proposed 1.2m increase in floor level, this is considered to be excessive and unnecessary and would result in the need for a retaining wall to the frontage and the increasing in height of the wallheads which would be unsympathetic to the character of the building, particularly when viewed alongside the other proposed alterations as considered in paragraph 4.7 above. The applicant's reasoning for an increase in floor level is given in the Structural Report and is summarised in paragraph 1.7 above. The reasons appear to be based on a desire to raise the level of the cottage which may have some benefits in terms of construction, but do not appear to be strictly necessary in order to implement a conversion. The road is currently 220mm above the existing floor level and the Report does not explore the possibility of trapping and draining water from the road or any other means of addressing surface water issues without raising the floor level.

4.8 The proposed extensions would add 97m² to the existing footprint which is an approximate 125% increase on the existing footprint. The extensions would lengthen the building and create hipped roofs to each side. To the rear, the wall would be demolished and the gable extended by 0.8 metres. A further projecting extension is also proposed to the rear to create a lounge. This would also have a hipped roof and a ribbon of windows to two of its elevations. It is considered that the amount of extension proposed would overwhelm the existing cottage thereby detracting from its small scale character. It is acknowledged that some extension is likely to be required to make the dwelling habitable by modern standards, but this could be arranged to be subservient to the original building. The extensions as proposed do not relate well to the existing building and details such as the ribbon of windows, hipped roof and roof overhang do not respect the traditional detailing of the existing cottage.

4.9 Although an effort has been made to retain the appearance of the existing frontage, it is considered that the alterations to increase the height and extend the cottage constitute substantial extension and would materially detract from the appearance of the cottage. Therefore, it is considered that the proposal would be contrary to Structure Plan Policy D4 and Local Plan General Policy 7.

4.10 Scottish Government policy on rural development is contained within paragraphs 92 to 96 of SPP which is a material consideration. It advocates that development plans should support more opportunities for small scale housing development opportunities in the countryside. This includes conversion proposals which it states should not be "constrained within the original footprint or height limit unless there are compelling design or conservation reasons for doing so". The wording of Policy D4(1) allows for flexibility in the consideration of conversion proposals which is in line with Scottish Government policy. However, as considered above, it is considered that in this case that the proposed alterations and extensions are substantial and poorly designed rendering the proposal contrary to both Policy D4(1) and General Policy 7.

Other Material Considerations 4.11 The application site is in close proximity to a 1:200 year flood risk area which triggered a consultation with SEPA and the Council Flood Risk Officer. Both consultees have responded with no objections in this respect based on the difference in levels between the watercourse (Garrel Burn) and the application site. The Council Roads Officer has responded with no objections to the proposal in terms of car parking and road safety. Foul drainage is proposed to be taken to an existing septic tank with discharge to the Garrel Burn. SEPA have offered no objection to this. A bat survey noted no evidence of bats using the building and SNH have advised that they have no objection on this basis. None of these considerations sufficiently outweigh the provisions of Policy D4 and General Policy 7.

4.12 The applicant refers to an approval under 03/P/3/0290 in 2003 for the conversion and extension of a bothy to a dwellinghouse at High Ballaggan, Thornhill. Although the original bothy appears to be of a similar size to Gillrigg Foot, the approved alterations and extensions were different (original extension to the rear only and no change in floor level) and therefore the considerations were different. The approval of the 2003 application which had different considerations does not mean that the current application should be approved (i.e. it is not a material consideration)

Conclusion 4.13 The alterations and extensions proposed to this traditional cottage are such that they would overwhelm and detract from the character and appearance of the building. The application is therefore considered to be contrary to Structure Plan Policy D4 and Local Plan General Policy 7.

5 RECOMMENDATION

5.1 Refuse on the following grounds:-

1. The siting, scale and detailing of the proposed extensions and alterations would adversely impact on the character and appearance of Gillrigg Foot, contrary to Dumfries & Galloway Structure Plan Policy D4 and Nithsdale Local Plan General Policy 7. Relevant Drawing Numbers: 11-01-01 11-01-02 11-01-03 11-01-Surv