Planning Committee 22 June, 2017 WD/D/17/000834

Application Number: WD/D/17/000834 Variation of condition

Registration Date: 27 March, 2017

Application Site: THE LOFT, SHUTES FARM, SHUTES LANE, SYMONDSBURY, BRIDPORT, DT6 6HF

Proposal: Make alterations to convert existing building to 2No units of holiday accommodation - Variation of condition 2 of planning permission 1/W/2001/1102 to allow The Loft to be used as a residential dwelling.

Applicant: Mr & Mrs Merrony

Ward Members: Cllr S Christopher

Case Officer: Robert McDonald

1. Summary Recommendation 1.1 Approve subject to the condition being varied.

2. Description of development 2.1 The condition sought for variation or removal is condition 2 on planning permission 1/W/01/001102. The description of the development was:

“Make alterations to convert existing building to 2No units of holiday accommodation”

This consent was granted on 12 October 2001. Condition 2, attached to the consent, reads:

“The use hereby permitted shall be for holiday purposes only and not for permanent residential occupation.”

2.2 The application initially sought to remove this condition entirely to allow the building to be used as a residential dwelling. However, the site address for the application concerns The Loft only and the applicant has subsequently confirmed this in writing and through the submission of further plans. The proposal to lift the holiday let restriction only applies to The Loft and not the premises referred to as ‘The Nest’ on the ground floor, which was included as part of the original consent and is under different ownership.

2.3 On this basis, it therefore considered more appropriate to vary the condition so that it is only The Loft that is considered under this application for the lifting of the original holiday let condition, as opposed to the complete removal of the condition which would enable both units (The Loft and The Nest) to be unrestricted dwellings, which is not what has been proposed. 3. Main planning issues · Principle of the development · Highway safety and parking provision · Impact on neighbouring amenity

4. Statutory Consultations

Symondsbury Parish Council 4.1 No objection.

Historic England 4.2 On the basis of the information available to date, we do not wish to offer any comments. We suggest that you seek the views of your specialist conservation and archaeological advisers, as relevant.

Highway Authority 4.3 No highway comment.

5. Other consultations - Design and Conservation Officer 5.1 No comment.

6. Other representations 6.1 None received.

7. Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property

8. Relevant Planning History

App. No Type Proposal Decision Date Officer 1/D/09/000866 LBC Replace first floor window A 22 July JML 2009 1/W/01/001101 LBC Make internal and external A 12 AJ alterations October 2001 1/W/01/001102 FUL Make alterations to convert A 12 AJ existing building to 2No units of October holiday accommodation 2001 1/W/04/000819 FUL Make alterations to convert A 19 July AJ existing building to 2No units of 2004 holiday accommodation (Amended scheme to P.P. 1/W/2001/1102) 1/W/04/001074 LBC Demolish brick infill walls. Carry A 03 August AJ out internal and external 2004 alterations. 1/W/05/001095 LBC Install window (retrospective A 29 AJ application) (amended scheme Septembe 1/W/2001/1101). r 2005 1/W/05/001364 FUL Erect stone boundary wall A 30 AJ (retrospective application) Septembe r 2005 9. The Development Plan

The West Dorset, Weymouth and Portland Local Plan (adopted 2015) 9.1 As far as this application is concerned the following policies are considered to be relevant:

· INT1 – Presumption in favour of sustainable development · SUS1 – The level of economic and housing growth · SUS2 – Distribution of development · SUS3 – Adaption and re-use of buildings outside defined development boundaries · ECON6 – Built tourist accommodation · ENV4 – Heritage assets · ENV16 – Amenity · COM7 - Creating a safe and efficient transport network · COM9 - Parking standards in new development · COM10 - Provision of utilities service infrastructure

10. Other Material Planning Considerations 10.1 National Planning Policy Framework (NPPF)

Part 6: Delivering a wide choice of high quality homes

Part 11: Conserving and enhancing the natural environment

Part 12: Conserving and enhancing the historic environment

Decision taking: Para 186 - Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground.

Para 187 - Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area.

10.2 Botherhampton, Bradpole, Symondsbury & Walditch Conservation Area Appraisal

11. Planning issues Site description

11.1 The application site is within the settlement of Symondsbury, a settlement that does not have a defined development boundary. The subject building is set behind Shutes Lane and within a courtyard to the rear of Shutes Farm, comprising a relatively dense cluster of dwellings and the subject holiday lets in the NW corner of the settlement. There are other semi-detached and detached dwellings in the immediate vicinity The site and whole settlement lie within the Symondsbury Conservation Area and Dorset AONB.

11.2 The subject building is a long 1.5 storey building composed of stone with red brick quoins/detailing, under a pitched roof building. The habitable holiday let accommodation is within the roof of the building, with an open parking area and covered patio/amenity area below. This part of the building adjoins a two storey element in the corner of the courtyard, where the holiday let accommodation continues at first floor level. On the ground floor of the two storey building is a separate holiday let known as The Nest.

Principle of development 11.3 The applicant has confirmed that there would be no external or even internal alterations to the subject building. Having been most recently used as a holiday let, the unit already fitted with all the facilities where it could be used as a permanent, unrestricted dwelling. The access, parking and waste disposal arrangements would also remain unaltered.

11.4 The supporting text for Policy ECON6 of the Local Plan advises that the loss of holiday let stock should be carefully considered, although recognition should be given to the fact that profiles may fall and the venture may prove unreliable owing to changing market conditions and, thus, a flexible approach should be taken. In this instance, the applicant has indicated that The Loft experiences sporadic lets where the rental income does not cover outgoings and is proving unsustainable as a business venture.

11.5 As noted, the site lies outside any DDB and, as such, policies SUS2 and SUS3 in the Local Plan are applicable for open market dwellings outside DDBs.

11.6 Policy SUS2 holds that outside DDBs, development will be strictly controlled, having particular regard to the need for the protection of the countryside and environmental constraints. Open market housing would only be supported by this policy through the re-use of existing rural buildings.

11.7 In this regard, policy SUS3 concerns the adaption and re-use of rural buildings outside DDBs. Such development will be supported where the existing building is of a permanent and substantial construction, makes a positive contribution to the local character and would not need to be substantially rebuilt or extended. Any proposed works should similarly result in a form, bulk and design that would make a positive contribution to the local character.

11.8 However, in addition to these criteria, development is only supported by SUS3 if it for a number of specified uses in the policy text. One of these uses does include open market housing, but only when the building was in existence in 2011 and where it either: a) adjoins a settlement with a DDB; b) is within a settlement with a population of more than 200; or c) adjoins an existing serviced residential building and will be tied to the wider holding/main property.

11.9 As mentioned, Symondsbury does not have a DDB and is not identified in the Local Plan as a settlement with a population of more than 200. Although the proposal would involve the re-use of a rural building, the proposal would not be supported by policy SUS3 as it would not fall within one of the identified hierarchical “sustainable settlements”.

11.10 Notwithstanding the conflict with policies SUS2 and SUS3, significant weight should be afforded to the fact that, at present, the Council is unable to demonstrate evidence of a five year housing land supply and so, in accordance with paragraph 49 of the NPPF, policies SUS2 and SUS3 are out-of-date and only attract greatly reduced weight. The Council currently has a fragile housing land supply at 4.6 years and the Local Plan Planning Inspector has advised that this supply is vulnerable and therefore sites that could be considered as “sustainable” should be considered.

11.11 As such, in line with the presumption in favour of sustainable development at paragraph 14 of the NPPF, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole, or specific policies in the Framework indicate that development should be restricted.

11.12 Weight should be afforded to paragraph 55 of the NPPF which stipulates that “to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities… where there are groups of smaller settlements, development in one village may support services in a village nearby.” The same paragraph also states that LPAs should avoid new isolated homes in the countryside unless there are special circumstances such as, for example, where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting.

11.13 The NPPF describes sustainable development as the golden thread running through both plan making and decision taking. It sets out the three dimensions to sustainable development: economic, social and environmental. Paragraph 6 states that the policies in paragraphs 18 - 219, taken as a whole, constitutes the government's view as to what sustainable development means for the planning system. The judgement as to whether the proposal would be a sustainable form of development are summarised below:

11.14 In terms of performing an economic role, the additional population would help generate spending in the local community, provision of infrastructure and services. Officers therefore consider the proposal satisfies the economic dimension of sustainable development.

11.15 With regard to the social role, the NPPF seeks to promote a "strong, vibrant and healthy community by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community's needs and supports it health, social and cultural well-being." The provision of one additional dwelling would make a small but useful and positive contribution to the district's housing supply. Although Symondsbury does not have a DDB and is not identified within the Local Plan as a settlement with a population of 200+ it is not considered to be an isolated location, far removed from any existing local facilities and services. In terms of facilities and services, Symondsbury benefits from a primary school, public house, church and a number of retail units (including a convenience shop and café both open daily) within Manor Yard. Many of the properties are owned by The Symondsbury Estate who carefully steward the village as a whole. It is clear that, although small, the village is well contained and somewhat sustainable.

11.16 The Loft lies less than 1km from the Vearse Farm allocated site which would be included as part of an extended Bridport DDB. The Vearse Farm site lies opposite the bus stop that serves Symondsbury (Sprakes Corner), with three separate bus services providing regular, daily routes into Bridport town centre (which lies about 2km east of The Loft), as well as to the other larger towns and cities of Dorchester, Weymouth, Lyme Regis, Axminster and Exeter. The village is also well connected by public footpaths and to the A35.

11.17 It is, thus, considered that the location of the site is suitable and the proposal satisfies the social dimension of sustainable development.

11.18 The proposed lifting of the condition would result in no material alteration to the external or even internal appearance of building and, thus, it would continue to provide a positive contribution to local character, preserving the character of the conservation area, conserving the scenic beauty of the Dorset AONB and meet the environmental role of sustainable development.

11.19 In terms of principle, the proposal would be contrary to Local Plan policies SUS2 and SUS3. However, as noted, the Council is unable to demonstrate a 5 year housing land supply and so, in accordance with paragraph 49 of the NPPF, these policies are considered out of date and attract greatly reduced weight. Officers are satisfied that the adverse impacts of granting the variation of the original condition are limited and there is no material harm that significantly and demonstrably outweigh the benefits of the proposal.

Parking and highway safety

11.20 As mentioned there would be no alteration to the existing access and parking arrangements on site. Condition 5 on the original consent also stipulates that the integral garages shall be permanently made available for the parking of vehicles, unless otherwise agreed in writing by the LPA. The DCC Highway Authority has been consulted on the application and not raised any objections.

Impact on neighbouring amenity

11.21 The Loft sits within a courtyard and faces the rear elevations of a terrace row of cottages lining Shutes Lane. There are also other properties within the immediate vicinity, including to the west and north. In the context of the vicinity it is considered that an intensified use from a holiday let to a permanent dwelling would not result in a significantly detrimental impact on the amenity of neighbouring properties with regard to loss of privacy, overlooking, noise and disturbance.

12. Summary 12.1 As the Council cannot currently demonstrate evidence of a five year supply of deliverable housing sites across the local authority area, officers conclude that the relevant development plan policies for the supply of housing, namely SUS2 and SUS3 in this instance, are out-of-date. Therefore, in line with the presumption in favour of sustainable development at paragraph 14 of the NPPF, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole, or specific policies in the Framework indicate that development should be restricted.

12.2 With this in mind, officers are satisfied that there are no adverse impacts which, either individually or together, are of sufficient weight to indicate that the proposal should be restricted. Overall, officers are satisfied that the adverse impacts of varying the condition are limited and that there are no material harms that significantly and demonstrably outweigh the benefits of the development.

12.3 The proposed development is therefore recommended for approval, subject to conditions.

13. Recommendation 13.1 Approve subject to the following conditions: i. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).

ii. List of approved plans

iii. The permission relates only to the premises known as 'The Loft' and shall only apply to the floor area labelled as ‘The Loft’ and as outlined and shaded in red on drawing no. 2017/43/P01. Condition 2 of planning permission 1/W/01/001102 still applies to the other unit labelled on the same drawing as ‘The Nest’.

Reason: For the benefit of doubt and to ensure that the permission relates only to the unit of The Loft.

iv. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 or any Order revoking and re-enacting that Order, no fences, gates, walls, or other means of enclosure, shall be erected within the curtilage of the dwellinghouse or forward of any wall of that dwellinghouse which fronts onto a road.

Reason: In the interests of visual amenity.

Informative notes

1. NPPF approval statement.