Barn to the north of Ealinghearth Cottage, Haverthwaite, Ulverston, Cumbria, LA12 8JR
The extension of the existing living accommodation into the barn or the creation of a holiday let tied with the ownership of the house
Our informal planning advice to you
Our reference for this advice is 7/2019/E0095
1. First, some important information…
1.1 The information contained in this advice is an informal opinion only and based on the information provided and current policy position. The determination of a planning application is a formal public process, with inputs from a range of consultees. Any opinions given at this stage are wholly without prejudice to the determination of any application we may receive.
2. Summary of advice
2.1 The conversion of the barn to additional accommodation for Ealinghearth Cottage is unlikely to be an act of development requiring planning permission.
2.2 If the barn was converted into a separate dwelling a full planning application would be required. Due to Local Plan Policies CS22a and CS18 we would be unlikely to support a separate holiday let, but may support a local needs dwelling.
3. Summary of proposal: The extension of the existing living accommodation into the barn or the creation of a holiday let tied with the ownership of the house.
4. This advice statement addresses the following questions that you have asked within your advice request form: Would either proposal be granted planning permission? If granted, would there likely be any conditions attached?
5. Site
5.1 The proposed site is the barn attached to Ealinghearth Cottage which is located 1.5 miles north of Backbarrow and 1.5 miles north of Haverthwaite. The barn is currently being used for the storage of household items and is therefore used for ancillary purposes to Ealinghearth Cottage.
6. Assessment
Principle of the development
Extension of the living accommodation of Ealinghearth Cottage into the barn
6.1 I understand that the barn is currently used for the storage of household items and used ancillary to the existing dwelling, and it appears that it has been many years since the barn was last in agricultural use. On this basis the conversion of the barn to additional accommodation for Ealinghearth Cottage is unlikely to be an act of development requiring planning permission.
6.2 As an extended single dwellinghouse Ealinghouse Cottage could be let as holiday accommodation without the need for planning permission.
Use of the barn as a separate holiday let
6.3 Local Plan Policy CS22a states that we will only consider the reuse of an existing building to provide holiday letting accommodation where it would not utilise a site that is suitable for meeting a local need or local affordable need; and use a building which is not viable or suitable for reuse for employment uses under the provisions of Policy CS22.
6.4 The barn is located in the open countryside, however is located 1.5 miles from Backbarrow and Haverthwaite which are both Rural Service Centres, and therefore it would be possible to cycle to these settlements and is a sustainable location.
6.5 Policy CS18 states that we will permit new dwellings where they contribute towards meeting an identified local need or local affordable need with priority given to the delivery of affordable housing, and where they help to redress the imbalances in the local housing market, and are secured in perpetuity for the purpose it was originally intended through the use of appropriate planning controls.
6.6 The proposed site is located in the open countryside. Local Plan Policy CS02 indicates that exceptionally we will only support development in the open countryside where it demonstrates an essential need for a rural location; or it will help to sustain an existing business, including farm diversification schemes; or it provides for a proven and essential housing need; or would be an appropriate reuse, redevelopment or extension of an existing building.
6.7 Therefore, if the barn was converted into a separate dwelling it would be acceptable in principle as a local occupancy dwelling, but is unlikely to be supported as a separate holiday let as it would be contrary to Policies CS02, CS18 and CS22a.
6.8 For further information regarding local occupancy restrictions please see below the link to the Housing Provision Supplementary Planning Document: http://www.lakedistrict.gov.uk/__data/assets/pdf_file/0007/1202938/Adopt ed-spd.pdf
6.9 If a new dwelling was created information regarding the parking provision would need to be provided. Please see the link below to the Cumbria County Council Parking Standards: http://www.cumbria.gov.uk/eLibrary/Content/Internet/544/3887/431151456 36.pdf
Other matters
6.10 It appears that the neighbouring property known as Gamekeepers Cottage is located approximately 8 metres from the proposed barn conversion and therefore any neighbour amenity issues such as potential overlooking or the increased activity of the site and the potential for noise or increased traffic would need to be considered within a future planning application.
6.11 Policy CS10 supports design that reinforces the importance of the local character and distinctiveness of our rural settlements and of the landscape, and development that achieves sustainable development.
6.12 Lake District National Park Local Plan 1998 Saved policy BE1 states that where appropriate, materials for walls and roofs of development should be in keeping with local vernacular tradition. Stonework should be random rubble or traditionally coursed and jointed with conventional mortar joints and mix. Slate for roofs should be an appropriate colour, texture and size and normally laid in diminishing courses.
6.13 Any external changes to the barn would need to be sympathetic to the barn and the adjoining farmhouse to comply with Policies CS10 and BE1. Windows should match the existing window in the front elevation of the barn and walls made good using the existing stone or similar local stone. A possible alteration to the barn to maximise light into the barn without adding multiple windows would be to fully glaze the barn door to the front elevation. The gable of the barn should be left unaltered to retain the visual appearance of the barn from the public road.
6.14 A bat survey would need to be submitted with a future planning application if there were any works to the slate roof or stone walls of the barn.
6.15 A non-mains drainage statement would be required with a future planning application if additional rooms were connected to the existing foul drainage septic tank.
7. Next steps
7.1 The conversion of the barn to additional accommodation for Ealinghearth Cottage is unlikely to be an act of development requiring planning permission. If the barn was converted into a separate dwelling a full planning application would be required. Due to Local Plan Policies CS22a and CS18 we would be unlikely to support a separate holiday let, but may support a local needs dwelling.
7.2 Please see appendix 2 and 3 for information regarding the required documentation within a full planning application and recommended pre- application engagement.
Advice prepared by: Chris Kempster (Planner)
Advice reviewed by:- Kevin Richards (Area Planner)
Date issued: 30/05/2019
Appendix 1
How do we assess planning applications? We will assess all planning proposals taking into account our policies (the Development Plan), representations we receive, and any other material considerations.
Our Policies Our Development Plan policies are all available to view online via our website (www.lakedistrict.gov.uk/planning/planningpolicies).
The current Development Plan comprises the following documents: Local Plan Part One - Core Strategy Local Plan Part Two - Allocations of Land Local Plan Part Three – Minerals Safeguarding Areas Saved Local Plan 1998 policies Adopted neighbourhood plans
The Development Plan is supported by Supplementary Planning Documents: Housing Provision SPD Landscape Character SPD Ambleside Campus SPD Cumbria Wind Energy SPD
What else can we take into account? We can only take into account matters which are material to planning. This can include things like: Our policies The National Planning Policy Framework and National Planning Practice Guidance Information in a community plan The appearance and character of the area The amenity of neighbouring residents (e.g. overlooking, loss of light or dominance) Layout, design, density, materials, landscaping, access, parking, servicing Heritage (e.g. Conservation Areas, Listed Buildings, Ancient Monuments) Biodiversity – designations, habitats and species The need for affordable housing
There are a few things which the courts have held are not material planning considerations, and which we therefore cannot take into account. These include: Property values The loss of a private view The background, character or motives of the applicant Land ownership Private covenants and agreements Neighbour disputes Matters covered by other legislation Past decisions do not dictate what is decided now, particularly if our policies have changed over time. Precedent only really applies when there is a genuine risk of repeat circumstances.
Appendix 2
Planning application requirements
If you decide to make an application there will be a certain amount of information which must be provided as a minimum for us to be able to consider your application.
We will check whether your application includes the required information using our validation checklist. This and accompanying guidance are available on our website.
Based on the information you have provided so far, it looks like your application will probably need to include the following things: Completed application form Site location plan Existing and proposed plans Correct fee Protected species survey Heritage, design and access statement Non-mains drainage information Policy CS16 compliance statement (new local occupancy dwelling only)
Please bear in mind that the above list is an indication of likely requirements that has been produced at an early stage in the process. Until we have received an application which contains full details of the final scheme, we cannot conclusively confirm what information we will need to make a valid application.
You should also bear in mind that sometimes during the application process it becomes necessary to request more information, for example in response to the comments of Statutory Consultees (e.g. the Highway Authority, Environment Agency or Natural England).
Appendix 3
Pre-application engagement
Early engagement with the local community and interested parties is beneficial. The National Planning Policy Framework expects applicants to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community.
We recommend that applicants talk to other parties who may potentially be interested in the proposal, for example neighbours or the Parish Council, before submitting a planning application.
You can find contact details for your local Parish Council online via the Cumbria Association of Local Councils (CALC) website - http://www.calc.org.uk/.