DEVELOPMENT MANAGEMENT PANEL 17 AUGUST 2015 Case No: 15/00875/FUL (FULL
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DEVELOPMENT MANAGEMENT PANEL 17 AUGUST 2015 Case No: 15/00875/FUL (FULL PLANNING APPLICATION) Proposal: CHANGE OF LAND USE AND CONSTRUCTION OF A HARD SURFACED TENNIS COURT WITH SURROUND FENCING. Location: DIDDINGTON MANOR THE STREET DIDDINGTON ST NEOTS Applicant: MR EDMUND THORNHILL Grid Ref: 519482 265603 Date of Registration: 30.05.2015 Parish: DIDDINGTON RECOMMENDATION - REFUSE This application is referred to Panel as the Parish Council recommendation to approve is contrary to the officer recommendation to refuse. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 The application site lies in the countryside east of the A1 in Diddington Conservation Area. The site is part of a field which lies north-west of a range of stables and north of a hedge around a large graveled parking area. South-east of the stables lie two substantial old barns, a modern outbuilding and Manor farmhouse. The barn nearer the back of the house is Grade II listed and the other is an old unlisted threshing barn. 1.2 The proposal is to change the use of part of a rural field to create a private hard surfaced tennis court (17m x 35m) and to erect black post and chain link fencing around the court ranging from 0.9m to 2.75m in height. New indigenous hedging would be introduced on three sides of the court. The court would be finished with a grass colour. 1.3 There are views of the site from the road, including from the south west, opposite 21 The Street and through a gap in the hedge from the access south-east of the site. 1.4 A design and access statement and Great Crested Newts survey by Chris Vine of April/May 2015 have been submitted with the application. The applicant has also submitted, during the processing of the application, an Heritage appraisal and an archaeological appraisal statement relating to the earthwork area at Manor Farm, as the Farm is surrounded by Historic Environment Record evidence that attests to the presence of house platforms, enclosures and trackways indicative of shrunken Medieval village remains and which are possible components of Grimbaud’s Manor, the earliest records of which stem from the 11th century AD. 2. NATIONAL GUIDANCE 2.1 The National Planning Policy Framework (2012) sets out the three dimensions to sustainable development - an economic role, a social role and an environmental role - and outlines the presumption in favour of sustainable development. Paragraph 7 Achieving sustainable development Core planning principles, paragraph 17 including bullet point 10 regarding conserving heritage assets. Section 8 Promoting healthy communities, paragraph 73. Paragraph 118 regarding protected species. Section 12 Conserving and enhancing the historic environment including Paragraphs 131 and 134. 2.2 BS42020:2013 Biodiversity-Code of practice for planning and development. 2.3 Natural England’s “Standing Advice” on protected species including great crested newts and bats. For full details visit the government website: https://www.gov.uk/government/organisations/department-for-communities- and-local-government 3. PLANNING POLICIES 3.1 Saved policies from the Huntingdonshire Local Plan (1995) En2: “Character and setting of Listed Buildings” En5: “Conservation Area Character” En6: “Design standards in Conservation Areas” En9: “Open spaces, trees and street scenes in Conservation Areas” En12: “Archaeological Implications” En17: “Development in the Countryside” En18: “Protection of countryside features” En22: “Conservation” En23: “Conservation” En25: “General Design Criteria” 3.2 Saved policies from the Huntingdonshire Local Plan Alterations (2002)- none relevant. 3.3 Adopted Huntingdonshire Local Development Framework Core Strategy (2009) CS1: “Sustainable development in Huntingdonshire” 3.4 Draft Huntingdonshire Local Plan to 2036: Stage 3 (2013) Policy LP 1: “Strategy and principles for development” Policy LP 11: “The Relationship Between the Built-up Area and the Countryside - The countryside includes all land outside built-up areas and those hamlets, groups of buildings and individual buildings that are clearly detached from the continuous built-up area of a defined settlement that are not themselves defined settlements. Policy LP 13: “Quality of Design” Policy LP 15: “Ensuring a High Standard of Amenity” Policy LP 21: “Rural Economy” Policy LP 28: “Biodiversity and Protected Habitats and Species” Policy LP 31: “Heritage Assets and their Settings” 3.5 Supplementary Planning Documents: Huntingdonshire Design Guide Supplementary Planning Document 2007 Huntingdonshire Landscape and Townscape Supplementary Planning Document 2007 Local policies are viewable at https://www.huntingdonshire.gov.uk 4. PLANNING HISTORY Adjoining buildings: 4.1 9001560LBC Demolish front wing and alter part of Barn -consent 1990. 4.2 1000696FUL Change of use from stable block to ancillary residential accommodation (garden room) south of listed barn- approved 2010. 4.3 1200884FUL Change of use from agricultural barn to hospitality suite for farm shoot, demolition of existing 'modern' stables with associated landscaping and parking layout approved 2012. 4.4 1200885LBC Change of use from agricultural barn to hospitality suite for farm shoot, demolition of existing 'modern' stables with associated landscaping and parking layout approved 2012. 4.5 1201246ful convert barn south-west of listed barn to pool and cart shed west of listed and unlisted barns to associated storage- approved. 4.6 1401372FUL and 1401373LBC alterations and change of use of a grade II listed barn to form swimming pool approved 2015. 4.7 1401376FUL Demolition of barn south-west of listed barn- withdrawn. 5. CONSULTATIONS 5.1 DIDDINGTON Parish via BUCKDEN Parish Council- Recommend approve (COPY ATTACHED) 5.2 Cambridgeshire County Council Archaeology – Recommend approve subject to a condition to secure a small works scheme sufficient to allow for the monitoring and recording of this land plot during construction. 6. REPRESENTATIONS 6.1 None received. 7. SUMMARY OF ISSUES 7.1 The main issues for consideration are: the principle of the change of use in the countryside, the impact on the character and appearance of the countryside and conservation area, setting of the listed building, archaeology, protected species. Principle: 7.2 The site lies in open countryside outside the residential curtilage of the dwelling. Policy En17 of the 1995 Local Plan states that development outside the built-up framework will generally be restricted to that which is essential for the efficient operation of local agriculture, horticulture, forestry, permitted mineral extraction, outdoor recreation or public utility services. 7.3 Policy LP11 states that all land outside the built up area is defined as countryside. 7.4 LP21 states that proposals for outdoor leisure or recreation in the countryside will be supported where a countryside location is justified. 7.5 LP22 states that a proposal for leisure development in the countryside will be supported where it is in a location that is well- related to an existing settlement or where there are demonstrable locational or sustainability reasons why it has to be located elsewhere. 7.6 The applicant advises that the site was selected over 50m from the nearest part of the house and 5m from the stables because the site was relatively level and screened by a hedge to the south and barn to the east. The applicant considers that a site closer to the house would ‘potentially have a more significant impact on the setting of the house and the outbuildings’ and involve the loss of lawn, trees and shrubs. 7.7 The applicant’s points have been taken into account but given limited weight as their assertion is unsupported by evidence. The proposal is considered to be unacceptable in principle as although the NPPF is generally supportive of outdoor recreation), the proposal is not ‘essential development’ in the countryside and the loss of part of the field to the tennis court and fence fails to satisfy policy En17 of HLP 1995 and policy LP21 of The Huntingdonshire Draft Local Plan to 2036. 7.8 The application follows preliminary enquiry reference 1407178PENQ for a similar proposal for a tennis court where the applicant was advised on 9th July 2014: ‘There is no justification for a tennis court in the open countryside and therefore this element of your scheme would not gain officer support’. 7.9 The advantages of securing a private leisure facility are outweighed by the harm caused with the loss of part of the countryside. The proposal is considered to be contrary to policy En17 of the Huntingdonshire Local Plan (1995) and policy LP21 of The Huntingdonshire Draft Local Plan to 2036. Character and appearance of the countryside/ conservation area 7.10 The site is currently mown grass in a larger field, part of which was, at the time of the officer site visit, otherwise unmown. The proposal would replace the surface with hard landscaping and introduce a fence and introduce activity into the site. The colour of the court and fence could be controlled by condition. 7.11 The site is part screened by soft landscaping and the stables and the applicant proposes additional soft landscaping which would help to soften the impact when the landscaping matures, although the proposal is to maintain the hedge at approximately 2m in height, which means that the top of the higher part of the fence would be exposed to view from the road. Furthermore, when the existing hedges are not in leaf, the tennis court will be more exposed in this rural setting. 7.12 The main view of the site is from the south west, opposite 21 The Street, due to a gap in the hedges for an access. However, even if a further hedge along part of the roadside was secured, it would not overcome the concern about the harm to the character and appearance of the area caused by the visual intrusion of the court and fence into the field. The proposal would also obscure a view of the pleasingly and traditionally designed stables to the side.