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North York Moors National Park Authority Planning Committee

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North York Moors National Park Authority Planning Committee Item 5 North York Moors National Park Authority Planning Committee 13 December 2018 Miscellaneous Items (a) Development Management Please note that the appeal documentation for each of the applications listed below can be found by clicking on the application reference number. Hearings and Inquiries None. Appeals Received None. Appeals Determined The Secretary of State for Communities and Local Government has determined the following appeals made to him against decisions of the Committee:- Reference Number Appellants Name Description Appeal Decision and Location NYM/2018/0073/FL Mr Giles Hawkes alterations and construction Appeal Allowed Chapel House, of single and two storey Cold Kirby extensions following demolition of existing single storey extensions (revised scheme to NYM/2016/0215/FL) Attached at Appendix 1. (b) Enforcement Appeal documentation relating to an enforcement matter is currently only available on request. Hearings and Inquiries None. Appeals Received None. Appeals Determined None. (c) Planning Applications Determined by the Director of Planning A list of planning applications determined by the Director of Planning in accordance with the Scheme of Delegation is attached at Appendix 2. [NB: Members wishing to enquire further into particular applications referred to in the Appendix are asked to raise the matter with the Director of Planning in advance of the meeting to enable a detailed response to be given]. (d) List of Enforcement Matters Determined by the Director of Planning A list of enforcement matters determined by the Director of Planning in accordance with the Scheme of Delegation is attached at Appendix 3. (e) Numbers of Planning Applications Determined Details of current planning applications which were submitted over 13 weeks ago are attached at Appendix 4. (f) Hedgerow Applications A list of hedgerow applications determined by the National Park Officer in accordance with the Scheme of Delegation is attached at Appendix 5. [The individual files will be available for Members to inspect at the meeting]. Andy Wilson Chief Executive (National Park Officer) Chris France Director of Planning Appendix 1 Appeal Decision Site visit made on 26th September 2018 by Alison Roland BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 9th October 2018 Appeal Ref: APP/W9500/D/18/3205974 Chapel House, Cold Kirby, Thirsk, North Yorkshire, YO7 2HL. The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Dr Giles Hawkes against the decision of the North York Moors National Park Authority. The application Ref: NYM/2018/0073/FL, dated 1 February 2018, was refused by notice dated 5 April 2018. The development proposed is alterations and extensions to house- Revised scheme to approval Ref: NYM/2016/0215/FL. Procedural Matter 1. It was apparent at my site visit that work was well advanced in relation to an earlier scheme Ref: NYM/2016/0215/FL (the former permission). Decision 2. The appeal is allowed and planning permission is granted for alterations and extensions to house- Revised scheme to approval Ref: NYM/2016/0215/FL, at Chapel House, Cold Kirby, Thirsk, North Yorkshire, YO7 2HL, in accordance with the terms of the application Ref: NYM/2018/0073/FL, dated 1 February 2018, subject to the Schedule of Conditions appended to this Decision. Main Issue 3. The main issue in this appeal is the implications of the proposal for the character and appearance of the area. Reasons 4. The appeal building is a detached former chapel building currently undergoing renovation and extension. The former permission allowed a two storey side extension to the property along with the insertion of four dormers to the rear elevation and two dormers to the front elevation. The appeal proposal would see two additional dormers introduced to the front elevation and a single storey side extension added to the earlier approved side extension. 5. The Authority say that the proposals would erode the form and character of the original chapel building and result in a property of much grander domestic proportions and character. I accept that it would result in a slightly larger dwelling Appeal Decision APP/W9500/D/18/3205974 on the site, but cannot concur that it would be of much grander proportions; rather the property would be modestly larger. It would be appreciably larger than the original chapel, but the form of the original building would still be clearly discernible and the extensions would have a subordinate relationship thereto. 6. Moreover, whatever the historic charm and character of the original chapel building, the fact is that the former permission imparted a much stronger domestic character and appearance to the property and included the alteration of what appear from the evidence to be the original vertical window openings and the addition of several dormer windows. A casual glance at the building the subject of that approval would give no cue as to its former use and indeed even to the informed observer, only inspection of the inscribed stone plaque at close quarters above the front door would reveal its history. 7. In these circumstances, I consider the appeal proposal would effectively amount to more of the same. The two additional front dormers would simply replicate those approved on the rear elevation and the single storey addition would amount to a modest and unassuming extension, which following the traditional principles of architectural hierarchy, would have an appreciably lower eaves and ridge height than both the original building and the side extension the subject of the former permission. 8. The guidance in Design Guide Part 4: The Re-use of Traditional Rural Buildings Supplementary Planning Document (August 2011) (SPD) states that traditional rural buildings should be capable of conversion to a new use without the need for any extension. Policy 8 of the North York Moors National Park Authority Local Development Framework Core Strategy and Development Policies Document (November 2008) (CS) adopts a more lenient position of significant extensions. However, the proposal is not strictly for a conversion because the Authority say it was converted into a residential dwelling in the 1970’s. Moreover, the fact that the previous scheme received approval suggests that the Authority applies these terms with a degree of latitude and I shall do likewise, especially given my findings at paragraph 6 above. 9. For these reasons, I conclude on the main issue that the proposal would integrate comfortably with both the host building and wider character and appearance of the area. I thus find no conflict with Policies 3 and 19 of the CS. These seek to ensure that development is of a high standard of design that maintains and enhances the distinctive character of the National Park and that residential extensions do not detract from the character and form of the original dwelling. It would not comply with the advice in the SPD or the letter of Policy 8 of the CS, but I nonetheless consider it acceptable for the reasons given. 10. In addition to the standard condition in relation to the time limit for the commencement of development, a condition confining the approval to specified plans is necessary for certainty. Conditions dealing with external lighting, inscribed stones, details of the stonework to the exterior walls, rooflights and details of door and window frames and their setting in the walls, are all necessary to secure a satisfactory external appearance, particularly given the prominence of the building at a road intersection. Although the application forms specify stonework to match existing, as the building incorporates both random and coursed stonework, I agree this is a detail that should be subject to written approval. The suggested conditions in relation to windows and doors can be 2 Appeal Decision APP/W9500/D/18/3205974 consolidated without losing their intention. The condition relating to matching roof tiles is superfluous as this is stated to be the case on the application forms. Six of the conditions dealing with first floor apex glazing, the vehicle access, outbuilding and tree protection measures in relation to the latter all appear to relate to the former permission which included these matters, but which are not relevant to this appeal. I shall therefore omit them. A condition requiring a Construction Method Statement is suggested, but I have been furnished with no reason why the Authority consider this necessary. Having regard to the site context on a quietly trafficked country lane, I do not consider this condition is necessary. SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan 1:1250 @ A4; Drg No: 04-A: Proposed elevations; Drg No: 03-A Revision C: Proposed floor plans. 3) No external lighting shall be installed on the development hereby permitted until details of such have been first submitted to and agreed in writing by the local planning authority. Any installed lighting shall be in accordance with the approved details. 4) All existing inscribed stones built into the external walls of the building shall be retained in-situ. If any additional inscribed stones shall be revealed in the west facing gable elevation, they shall be retained in-situ or removed and re-used elsewhere in the external walls of the building, in accordance with the prior written agreement of the local planning authority. 5) No work shall commence on the construction of the walls of the development hereby permitted until details or samples of the stone for the walls and dressings, have been first submitted to and approved in writing by the local planning authority.
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