2 SL/2015/0587 No

SCHEDULE 2 SL/2015/0587 No: BURTON IN KENDAL: Garden of Ashgrove, Clawthorpe CARNFORTH LA6 1NU PROPOSAL: Single dwelling Mr R Crowe Website Link to Application E353172 N477570 27/08/2015 SUMMARY This application seeks full planning permission for the erection of a single dwelling on garden land to the south west of Ashgrove within the hamlet of Clawthorpe. The main issues arising from the application relate to the principle of a new house on the site; whether it constitutes infilling and rounding off; whether a new house in the location changes or distort the character of the group of the settlement in an undesirable way and would cause landscape harm; neighbouring amenity; the impact of the proposed development on the highway and the design. DESCRIPTION AND PROPOSAL Site Description The site is on the north-east side of a minor road that runs from the A6070, through Clawthorpe, and over to Hutton Roof and Newbiggin. The site is within an existing mature landscaped garden of Ashgrove which is bound to the west, south and eastern boundaries by a local stone wall whilst to the north it is part separated off from Ashgrove by a 2.0m high wooden fence. A series of communication cables criss-cross the site. The minor road encompasses the site from the south and east whilst Clawthorpe Business Park sits to the north-west. This is separated by a 20 metre strip of garden land associated with Roughwood, a domestic dwelling which sits around 60 metres to the north of the proposed site. To the south-east across the road, about ten metres from the boundary of the proposed site are two domestic dwellings at Millers Garth and Sunny Glen. The surrounding area is typified by a varied style of mainly detached properties which follow a vernacular form of two storeys of either render or local stone walls under a local slate roof siting in plots of varying sizes. The settlement form of Clawthorpe is a dispersed and scattered form from a loose cluster by the A6070 with dwellings punctuated northwards along the lane with another cluster at the junction of Piper’s Lane and the minor road. Proposal The application seeks full planning permission for the erection of a new house. The plans show a four bedroomed two storey house with rendered and stone walls under a natural slate roof. The site is proposed to be served by a new minor access to the south-west corner of the site. As part of those proposals it is proposed to remove two large Sycamore trees. CONSULTATIONS Burton-in-Kendal Parish Council: To be reported. Cumbria County Council Highways: To be reported. Have indicated at pre-application they would have no objection to the proposed access. Arboricultural Officer: To be reported. Neighbours/Others: There have been two representations from interested persons These objections cover the following points: • Concern in relation to the access and the existing highway situation and causing danger to other users. • Out of context to the existing dwelling Ashgrove and will make this area of Clawthorpe look heavily built up and change the rural character. • Potential to overlook Millers Garth and Sunny Glen • Not serving local need. Will add to commuter traffic. APPLICANT’S REPRESENTATIONS The applicant’s agent has submitted a Design and Access statement which states that in conclusion: “It has been demonstrated and agreed with Council officers that the development is located in a sustainable location and will cause no harm to the landscape. Furthermore the design approach is considered to be acceptable, the proposal will not adversely affect neighbours and any issues regarding the access can be resolved. On the basis of positive pre-application discussions the applicants instructed the preparation of detailed plans to accompany the planning application. Support for the submission was only withdrawn following a lengthy enforced absence by the case officer and a re-evaluation of the Council policy CS1.2 following recent appeal decisions. It has also been demonstrated in the Section 6 of this report that there are significant differences in circumstances between the current proposal and the proposed developments at Stainton and Deepthwaite Barn, which were the appeal decisions on which Council officers have based a re-evaluation of Policy CS1.2. Clawthorpe is clearly a recognised, named hamlet containing a significant number of residential properties and a large, thriving business centre, rather than a small collection of isolated countryside dwellings as is the case at Stainton and Deepthwaite Barn. The proposed site is well related to existing development and does not extend the existing boundaries of the hamlet. The development arguably represents a rounding off or infill within the existing hamlet which would fully accord with the current interpretation of current Council Policy. Notwithstanding the above considerations the development would also fulfil a local need. The proposed dwelling would be occupied by the applicants, a family with strong local connections, thus freeing up the existing dwelling to be occupied by their son and his family and enable then to provide support to their parents as and when necessary. The proposal accords fully with the overarching themes of both national and local planning policies contained in the National Planning Policy Framework and the SLDC Core Strategy – to support and encourage sustainable development. It is considered that the development could be supported by the Local Authority without any undermining of policies in the Local Plan or the setting of any unfortunate precedent and planning permission should be granted.” POLICY ISSUES South Lakeland Core Strategy and Allocation of Land Development Plan Document (DPD): Policy CS1.1 Sustainable Development Principles notes that development should accord with a sequential approach, first using existing buildings and previously developed land within settlements ahead of other suitable infill opportunities within settlements and only then development of other land that is well located in relation to housing, jobs, other services and infrastructure. It also notes that development should minimise the need to travel and provide a choice of sustainable transport modes. Policy CS1.2 The Development Str ategy states that 11% of new housing will be within the network of hamlets and villages. The exact scale and level of development supported will be dependent on individual character, the impact on environmental capacity and infrastructure provision, and the desire to meet the need for affordable housing as locally as possible. The explanatory text to Policy CS1.2 expands the definition of infilling and rounding off as: • Infilling – building taking place on a vacant plot in an otherwise built-up street frontage. • Rounding off – the completion of an incomplete group of buildings on land which is already partially developed, in such a way that will either complete the local road pattern or finally define and complete the boundaries of the group. Such rounding off should not: - Change or distort the character or tradition of the group or the settlement in any undesirable way; - Establish or give rise to the consolidation of ribbon development; - Extend the grouping in such a manner that, when the development has taken place, undeveloped areas remain or further land is opened up where pressure for development is likely to occur; - Cause undesirable back land development unrelated to a proper street layout; - Cause development which pre-empts the provision of public services or gives rise to demands for improvements or extension to services which may not be proposed at that time. Policy CS5 The East states that council and its partners will aim to: • Make provision for small scale housing development in the smaller rural settlements; • Protect and enhance the diverse character and local distinctiveness of the area by promoting high quality design. • Protect the network of green infrastructure and important environmental characteristics and, in partnership with landowners, promote their positive use and management. • Ensure that new development safeguards and enhances the natural environment. Policy CS8.2 Green Infrastructure states that the Core Strategy will seek to conserve and enhance existing trees and woodlands. Policy CS8.10 Design states that the design, scale and materials of all development should be of a character which maintains or enhances the quality of the landscape or townscape and, where appropriate, should be in keeping with local vernacular tradition. Policy CS10.2 Transport Impact of New Development requires that development be designed to reduce the need to travel and to maximise the use of sustainable forms of transport. Development proposals should provide for safe and convenient access and foot, cycle, public and private transport, be served by safe access to the highway network without detriment to the amenity or character of the locality, the expected nature and volume of traffic generated by the proposal can be accommodated by the existing road network without detriment to the amenity or character of the surrounding area, local air quality or highway safety. Saved South Lakeland District Council Plan Policies Saved Policy S2 sets out the South Lakeland Design Code and requires development to take proper account of its principles. Saved Policy S4 Important Open Space for amenity states that development proposals will not be permitted on important open space in the districts town and villages. Key important spaces are identified on the Proposals Plan

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