Planning, Design and Access Statement
Conversion of Existing Outbuildings to Create a Single Storey Dwelling Ancillary to the Original Dwelling (Marley Arch Cottage)
At: Marley Arch Cottage Main Street Newton upon Derwent East Riding of Yorkshire YO41 4DB
Applicant: Mr. & Mrs. Lofthouse
12 May 2021
Fold Yard Offices Molescroft Farm Estate Grange Way Beverley East Yorkshire HU17 9FS
[email protected] www.fretwellplanning.com
Contents
1. Introduction ...... 3 2. Description of Site and Proposed Development ...... 4 3. Planning History ...... 5 4. Planning Policy...... 6 National Planning Policy Framework (NPPF) (2019)...... 6 National Design Guide ...... 9 East Riding Local Plan (ERLP SD) (2016) ...... 9 National Policy Documents ...... 10 5. Planning Considerations ...... 11 Principle of Development ...... 11 Access & Highways ...... 12 Design and Appearance ...... 12 Landscaping ...... 14 Layout ...... 15 Scale ...... 16 Residential Amenity ...... 16 Drainage and Flood Risk ...... 16 6. Conclusion ...... 20
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1. Introduction
1.1. This Planning, Design and Access Statement is submitted to support a full application for the residential development of land and buildings at Marley Arch Cottage, Main Street, Newton upon Derwent YO41 4DB.
1.2. The planning application is made on behalf of Mr Paul Lofthouse, who owns the application site.
1.3. The site boundary is identified below in Image 1.
Image 1: Location plan showing application site boundary.
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2. Description of Site and Proposed Development
2.1. Newton on Derwent is located approximately 1.5 km to the east of the River Derwent, approximately 12km east of York.
2.2. The land and buildings form part of the residential amenity land of Marley Arch Cottage and as is shown in the Google Image below. The buildings proposed for conversion were formerly used for coal storage and are within the curtilage of the host dwelling.
2.3. The site is bounded by residential properties to the north and south, with the extensive garden land of Marley Cottage extending to ‘Back o’ Newton’ to the East.
Application Site
Image 2 Photographs showing Aerial
2.4. The site is bounded by existing development and hedgerows providing natural development buffers and substantial screening. The site benefits from existing access onto Main Street to the West.
2.5. Dimensions and elevations are shown in the accompanying plans.
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3. Planning History
3.1. Based on information available on the East Riding of Yorkshire Council’s website, a planning history search of the application site has been carried out. There is no planning history on this site. However, to the south of the site, (Land And Outbuilding North Of October House Back Road Newton Upon Derwent East Riding Of Yorkshire YO41 4DD) permission was granted (Ref: 19/023252/PLF) for Change of use and extension of existing domestic outbuilding to create a dwelling.
3.2. A pre-application enquiry has been submitted for this site:
Ref: 20/10942/PREP – Proposed ‘Self-Build’ conversion of existing outbuildings to create a single storey dwelling ancillary to the original dwelling (Marley Arch Cottage) – Land East of Maitland House, Main Street, Newton upon Derwent, East Riding of Yorkshire YO41 4DB
3.3. In summary, the pre-application response was supportive of the alteration of the outbuildings to provide ancillary accommodation within the curtilage of the host property on strict conditions that would be applied to any future consent. These conditions are that the proposed conversion is only used as ancillary accommodation to the Marley Arch Cottage and shall not be used as a separate unit of accommodation and that vehicular access to the annexe will be from Main Street and shall not use the access onto Back Lane as separate access. Any link should also utilise appropriate materials to ensure consistency within the area.
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4. Planning Policy
4.1. Applications are to be determined in accordance with the policies in the Development Plan. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states, ‘if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.’ This is recognised in Paragraph 11 of the National Planning Policy Framework (NPPF), with Paragraph 12 stating that the Framework ‘does not change the statutory status of the development plan as the starting point for decision making’.
National Planning Policy Framework (NPPF) (2019)
4.2. The National Planning Policy Framework (‘NPPF’) published in February 2019, sets out the Government’s planning policies for England and advises how these are expected to be applied. It sets out the national requirements for the planning system, but only to the extent that it is relevant, proportionate, and necessary to do so. Paragraph 38 of The National Planning Policy Framework is of key importance with reference to the consideration of planning applications and states:
“Local planning authorities should approach decisions on proposed development in a positive and creative way. They should use the full range of planning tools available, including brownfield registers and permission in principle, and work proactively with applicants to secure developments that will improve the economic, social, and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible.”
4.3. Planning law requires applications for planning permission to be determined in accordance with the development plan unless material considerations indicate otherwise (Paragraph 47). Decisions should be made as quickly as possible and within statutory timescales unless a longer period has been agreed by the applicant in writing.
4.4. The relevant sections of the NPPF are:
Section 2. Achieving Sustainable Development Section 4. Decision-making Section 5. Delivering a Sufficient Supply of Homes Section 6. Building a Strong, Competitive Economy Section 8. Promoting healthy and safe communities Section 11. Making effective use of land Section 12. Achieving well-designed places
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4.5. Paragraph 7 of the NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. The objective of sustainable development is summarised to mean “meeting the needs of the present without compromising the ability of future generations to meet their own needs”
4.6. Paragraph 8 of the NPPF recognises three objectives of sustainable development. These are interdependent and can also support each other. These are:
a) An economic objective - to help build a strong responsive and competitive economy. It should also promote sufficient land of the right types is available in the right places and at the right time to support grown innovation and improved productivity.
b) The Social objective – to help build strong, vibrant, and healthy communities through ensuring sufficient number and range of homes can meet the needs of future generations as well as meeting a well-designed and safe built environment.
c) An environmental objective – to contribute to protecting and enhancing our natural built and historic environment. This includes making effective use of land minimising waste and pollution and adapting to climate change.
4.7. Paragraphs 10-14 of the NPPF refer to the presumption in favour of sustainable development. Paragraph 14 confirms that the presumption in favour of sustainable development is at the heart of the NPPF. With reference to decision-taking, paragraph 11 advises:
c) approving development proposals that accord with an up-to-date development plan without delay; or
d) where there are no relevant development plan policies or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in this Framework taken as a whole.”
4.8. Paragraph 38 of the NPPF states that:
‘Local planning authorities should approach decisions on proposed developments in a positive and creative way. They should use the full range of planning tools available….and work proactively with applicants to secure developments that will
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improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible’
4.9. Paragraphs 73 -75 relate to the issue of maintaining housing supply and delivery. The paragraphs advise of the requirements of local planning authorities to maintain a minimum of a 5-year housing supply against their housing requirement set out in adopted strategic policies. The supply of sites should also include a buffer to accommodate any historic undersupply of housing. Figures should also be regularly monitored to maintain the supply of housing and ensure it remains above the 5-year threshold.
4.10. Paragraph 91 advises that development should ‘promote social interaction as well as be safe and accessible to not undermine quality of life’.
4.11. Paragraph 106 recognises parking standards for developments should only be set where there is a clear and compelling justification that they are necessary for managing the local road network.
4.12. Paragraph 118 recognises that planning policies should give weight to several criteria including promoting the development of under-utilised land and buildings to help meet needs for housing where land supply is constrained, and available sites could be used more effectively.
4.13. Paragraphs 149- 154 identify the need for new development to be planned for in ways that avoid increased vulnerability from climate change. It recognises that development can reduce greenhouse gas emissions through location orientation and design. In determining applications, Councils should consider landform, layout, building orientation amongst others to minimise energy consumption.
4.14. Paragraph 155 recognises inappropriate development in flood risk areas should be avoided by directing development away from high-risk areas. This is expanded on in paragraph 157 which notes sequential testing is a requirement to ensure development is in a low-risk flood area. In addition, paragraph 163 notes that LPAs should ensure that flood risk is not increased elsewhere as a result of the proposed development.
4.15. In this case, the Development Plan comprises the East Riding Local Plan Strategy Document (ERLP) adopted in April 2016 and the Allocations Document that was adopted in July 2016. This is the set of documents used to determine planning applications. The relevant parts of the Strategy Document which forms part of the East Riding Local Plan are addressed in this statement.
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National Design Guide
4.16. The National Design Guide (NDG) was produced by MHCLG and published on 1st October 2019. The NDG reinforces the aim of the NPPF to create high-quality place and buildings and illustrates how well-designed places can be achieved in practice and can be used by all those involved in the shaping of places, including decision making.
4.17. The NDG (Paragraph 8) states that “The underlying purpose for design quality and the quality of new development at all scales is to create well-designed and well-built places that benefit people and communities…This includes people at different stages of life and with different abilities…”
4.18. The NDG addresses the question of how we recognise well-designed places, by outlining and illustrating the Government’s priorities in the form of ten characteristics:
Context – enhances the surroundings Identity – attractive and distinctive Built Form – a coherent pattern of development Movement – accessible and easy to move around Nature – enhanced and optimised Public Spaces – safe, social, and inclusive Uses – Mixed and integrated Homes and Buildings – functional, healthy, and sustainable Resources – efficient and resilient Lifespan – made to last
4.19. The NDG has been prepared in the context of social, economic and environmental change. This is leading to new lifestyles, models of homeownership and an increase in custom and self-build.
East Riding Local Plan (ERLP SD) (2016)
4.20. The relevant policies are as follows:
Policy A6 – Vale of York Sub-Area – Contribute to the overall mix of housing in the sub-area, including through the delivery of smaller properties. Policy S1 – Sustainable Development - This Policy reflects the requirements of the NPPF to take a positive approach to sustainable development. Policy S4 – Supporting development in Villages and the Countryside – supporting the vibrancy of Villages and the Countryside. Policy S5 – Delivering housing development - requires 23,800 (net) dwellings to be provided across the East Riding of Yorkshire between 2012-2029, at an average rate of 1,400 (net) dwellings per annum. The Policy goes on to state that, “The Council
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will ensure a minimum 5-year supply (plus appropriate buffer) of deliverable sites across the East Riding.” Policy S8 – Connecting People and Places – seeks to ensure that people and places are well connected. Policy H1 – Providing a mix of housing and meeting housing needs - requires new residential development to contribute to the overall mix of housing in the locality, taking into account the housing need, current demand and existing housing stock. Policy H4 – Making the most efficient use of land - seeks to secure optimum density levels, depending on local circumstances, to make the most efficient use of land. The policy indicates that a minimum density of 30 dwellings per hectare will usually be sought although variations may be suitable depending on individual circumstances. The policy indicates that lower densities may be accepted if this would maintain the character of the surrounding area if a certain type of housing is required in the area or if there are significant site constraints. Policy ENV1 – Integrating high-quality design - seeks to achieve a high-quality design, safeguarding and reflecting the distinctiveness of the local area, while seeking to reduce carbon emissions and make prudent and efficient use of natural resources. Policy ENV2 – Promoting a high-quality landscape – seeks to ensure that development proposals are sensitively integrated into the existing landscape setting Policy ENV6 – Managing environmental hazards – seeks to manage environmental hazards including flood risk and groundwater pollution to ensure that development does not result in unacceptable consequences to its users, the wider community and the environment.
National Policy Documents
4.21. ‘Laying the Foundations, A Housing Strategy for England’1 supports the provision of housing for older people. Paragraph 26 states:
“Planning homes and communities that enable older people to remain economically active, involved with families, friends and community and able to choose where and how they live not only makes financial sense but also results in a better more inclusive society.”
4.22. ‘Housing for Older and Disabled People’2 (June 2019) guides councils in preparing planning policies on housing for older and disabled people. The guidance states that the need to provide housing for older people is critical. People are living longer and the proportion of older people in the population is increasing. In mid-2016 there were 1.6 million people aged 85 and over, and by mid-2041 this is projected to double to 3.2 million. Offering older people a better choice of accommodation to suit their changing needs can help them live
1 Laying the Foundations: A Housing Strategy for England HM Government (November 2011) 2 Housing for Older and Disabled People Ministry of Housing, Communities and Local Government (June 2019)
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independently for longer, feel more connected to their communities and help reduce costs to the social care and health systems. Therefore, an understanding of how the ageing population affects housing needs is something to be considered from the early stages of plan-making through to decision-taking.
5. Planning Considerations
Principle of Development
5.1. The two outbuildings lie to the southeast of Marley Arch Cottage within its curtilage, but outside the development limits of the village (see Map below)
Development Limit
Application Site
Image 3 Extract from Policies Map Inset 118 (Source: ERYC)
5.2. It is acknowledged that the site lies outside development limits in the designated Countryside for planning policy purposes where Policy S4 applies. Policy S4 is, however, silent on the provision of ancillary accommodation within the curtilage of an existing dwelling in the Countryside.
5.3. The pre-application enquiry response from ERYC states that in planning policy terms had the enquiry related to the erection of a dwelling then the proposal would be considered under Policy S4 of the East Riding Local Plan in so far as the proposal would relate to the conversion
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of buildings to residential and as such the proposal would not be considered acceptable as proposed works to the buildings would be considered a significant alteration and extension of the existing buildings. However, what is being applied for is an annexe to the host building which changes the policy content.
5.4. Effectively the proposal is for the alteration of outbuildings to provide ancillary accommodation within the curtilage of the host property. The principal of the conversion of these buildings to an annexe is supported by the local planning authority.
5.5. The provision of housing for older people is supported by central Government (see references above). Any concerns that the East Riding planning authority would have relating to the use of the proposed dwelling as an independent residential unit can be prevented with the use of planning conditions and legal agreements relating to the annexe within the curtilage of Marley Arch cottage.
Access & Highways
5.6. It is proposed to provide access directly from Main Street as per the existing access for Marley Arch cottage and shown on drawing reference 797/04.
5.7. The site provides ample parking space and turning space for vehicles to enter, manoeuvre within the site and leave in forward gear, with ease. The annexe would be served by 2no parking spaces. It is not expected that the development of this site for a single annexe will significantly increase traffic levels.
5.8. It is considered that development of the site could be achieved which would be acceptable in terms of access, highway safety, and have adequate parking and servicing provision. This would be following such requirements found within provisions ERLP SD policies ENV1 and EC4, and the NPPF, in particular within the ‘Core planning principles’, ‘Requiring good design’, ‘Promoting healthy communities’ and ‘Promoting sustainable transport’ sections as set out above.
Design and Appearance
5.9. Relevant policies in respect of design and impact on the character and appearance of the area include Policies ENV1 and ENV2.
5.10. Policy ENV1 relates to integrating high-quality design and respecting the character and appearance of the area. The policy sets out that development will be supported where it has regard to the specific characteristics of the site’s wider context and the character of the surrounding area.
5.11. Policy ENV2 states that development proposals should be sensitively integrated into the surrounding landscape and ensure that important hedgerows and trees are retained unless
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their removal can be justified in the wider public interest in which case replacements will usually be required.
5.12. The NPPF in Section 12 relates to achieving well-designed places. Paragraph 127 b) states planning policies and decisions should ensure that developments “are visually attractive as a result of good architecture, layout and appropriate and effective landscaping.”
5.13. The NDG (paragraph 39) states that “well designed places are based on a sound understanding of the features of the site and the surrounding context…integrated into their surroundings so that they relate well to them…influenced by and influence their context positively…”
5.14. The proposed layout includes 2no bedrooms (master ensuite), living/kitchen, dining/family, utility room and bathroom.
5.15. The appearance of the building is simple and functional, retaining the existing openings to the northern elevation (see below). The proposed elevations are shown on Drawing no. 797/06.
Image 4: Existing Elevation (North)
Image 5: Proposed Elevation (North)
5.16. The Applicant is proposing to finish the building with a brick skin to improve the appearance of the building and better connect it visually to the host dwelling and the immediate locality. The brick slips will provide no structural support and are not critical to enable the conversion
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of the outbuilding. The Applicant proposes to use a Desimple brick in a Hathaway Brindled colourway (see Image 6).
5.17. Windows proposed for the conversion are to be constructed from uPVC, finished in either ‘Off-White’/Cream, to complement the existing windows in the host dwelling and the proposed brick finish.
5.18. The roof will be replaced with a Edilians Panne S, Burnt Red Tile which is a large interlocking clay roof tile (see Image 7).
Image 6: Proposed Brick Skin Image 7: Proposed Roof Tile (Desimpel - hathaway brindled) (Edilians Panne S, Burnt Red)
5.19. The development is in keeping with the site’s surroundings and does not detract from the character of the area. The site is screened from the public highway by fencing, hedging and trees.
5.20. Having regard to the above, it is considered that the proposal is acceptable and would not have a significant or detrimental impact on the character or the appearance of the area. The proposal is therefore considered acceptable in accordance with Policy 1 of the ERLP SD and the advice contained within the NPPF.
Landscaping
5.21. The annexe will provide a good level of privacy and amenity space.
5.22. The existing landscaping and screening are to be retained and enhanced to ensure that the Applicants’ parents would have a satisfactory standard of residential amenity in accordance with Policy ENV1.
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Layout
5.23. The proposal makes efficient use of land. The annexe makes efficient use of buildings within the curtilage of Marley Arch cottage (see site layout drawing 707/04).
5.24. The property would have adequate parking within the site and an appropriate amount of independent amenity space.
Image 8: Existing Site Layout
Image 9: Proposed Site Layout
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Scale
5.25. The submitted drawings show a single-storey annexe. The height of the proposed dwelling to the eaves is 2.5m and the height to the ridge is 4.55m, from ground level.
5.26. The buildings already exist within the curtilage of the host dwelling and are appropriate in the context of the surrounding locality.
Residential Amenity
5.27. The NPPF, paragraph 127 and policy ENV1 of the ERLP seek to ensure new development provides a good standard of amenity for both existing and future residents.
5.28. The site layout shows that adequate separation distances from the neighbouring dwellings would ensure that an acceptable standard of amenity is achieved. The proposal would not raise any adverse enclosure, loss of light or overshadowing due to the separation distances involved.
5.29. The plans show that the scheme has been designed to achieve an acceptable standard of amenity for occupants of existing properties as well as the occupants within the proposed dwelling.
5.30. The application is therefore considered to comply with policy ENV1 of the ERLP and the NPPF in seeking to ensure that a high standard of amenity is required for all existing and future users.
Drainage and Flood Risk
5.31. Policy ENV6 of the Local Plan seeks to manage environmental hazards such as flood risk, coastal change, groundwater pollution and other forms of pollution to ensure that development does not result in unacceptable consequences to its users, the wider community and the environment. The National Planning Policy Framework advises that development should be located in areas where there is the lowest probability of flooding.
5.32. The application site is identified as lying within Flood Zone 1 which is the lowest risk of flooding from rivers and the sea. The site is therefore in a sequentially preferable location where development is sought to be focused.
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Image 10: Flood Risk Map (Source: Environment Agency)
5.33. Surface water will be discharged to the existing soakaways used for the outbuildings.
5.34. Foul water will be discharged to the existing foul main drain connection that serves ‘Marley Arch’.
Ecology
5.35. Policy ENV4 relates to the importance of conserving and enhancing biodiversity and geodiversity and that any development which would have an adverse impact on an important habitat or species should be avoided as far as possible.
5.36. A Preliminary Ecological Appraisal (PEA) undertaken by Curtis Ecology accompanies this application.
5.37. Bats – The Preliminary Roost Assessment was undertaken on the 29th of April 2021 which is an appropriate time of the year for this type of survey.
5.38. During the Preliminary Roost Assessment, only one or two features were identified, located within the roof structures of the study buildings, which have the potential to provide roosting opportunities, especially for crevice dwelling bat species, bearing in mind that a Pipistrelle bat species can quite easily squeeze into a 15 – 20mm gap.
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5.39. As a result of the desktop study and observations made during the daytime buildings assessment, the study buildings combined at this stage, have been assessed as having Low potential for bat habitation.
5.40. It is recommended that a nocturnal survey is undertaken on the study buildings during the bat activity survey season May – mid-September 2021 to enable an appropriate scale of a mitigation plan to be prepared, which will require approval by the East Riding of Yorkshire Council Planning Authority before any of the proposed conversion works being undertaken.
5.41. If any information gathered during the recommended nocturnal survey or if required, additional nocturnal surveys, indicates the requirement for a European Protected Species Mitigation Licence then this can only be applied for from Natural England, once planning permission for the proposed development has been obtained from the local planning authority It should, however, be remembered that bats are a highly mobile and secretive species, their absence during a survey of this type undertaken at this time of the year does not preclude them from being present at other times of the year.
5.42. During the Preliminary Roost Assessment, no evidence of historical nest sites was observed within either of the study buildings.
5.43. Habitats - The habitats within the immediate surrounding area are considered at this stage to offer Low - Moderate foraging capacity for several bat species. The study site is not located within immediate proximity to any Priority Habitats.
5.44. Nesting birds - No historical nests sites were observed during the daytime survey.
Sustainability
5.45. Sustainability is the central theme running through the National Planning Policy Framework (NPPF), and proposals for sustainable development should be approved without delay. There are three strands to sustainability, social and economic and environmental.
5.46. The NPPF advises that to achieve sustainable development economic, social and environmental gains should be sought jointly and simultaneously.
An Economic Role – The proposal provides an affordable unit of ancillary accommodation for the Applicants’ parents. It also ensures the site is being used efficiently and, in its small way, bolsters the construction industry.
A Social Role – The requirement to provide affordable and sustainable accommodation for family members is ever increasing. The provision of an annexe within the residential curtilage of Marley Arch cottage creates a long term and sustainable solution for the Applicants' parents.
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An Environmental Role – The proposed development seeks to adhere to high standards of sustainable construction and will be constructed with a ‘fabric first’ approach to sustainability.
5.47. It is considered that there is no adverse economic, environmental or social harm arising from the proposed development that would significantly or demonstrably outweigh the benefits identified when considered against the NPPF and the Development Plan.
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6. Conclusion
6.1. The proposed scheme is ancillary accommodation for the parents of the Applicants. The annexe will not be provided with its separate curtilage.
6.2. The provision of an annexe within the residential curtilage of Marley Arch cottage creates a long term and sustainable development solution for the needs of the applicants' parents. Conversion of the existing buildings provides an ideal solution to intergenerational family living.
6.3. The proposal is small scale and respects the character and appearance of the area. It would not result in any adverse impact on the character of the area within which it is located. Furthermore, the proposed development will not pose a risk to highway safety or flood risk.
6.4. The proposed development is sustainable and is considered to satisfy the requirements of both national and local planning policies and guidance.
6.5. With regard to the provisions of both national and local planning policies and the material considerations relevant to the site, it is deemed that the site is acceptable for the development of an annexe and that this planning application should be approved.
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