Application Recommended for Approval APP/2013/0344 with Worsthorne Ward

Removal of Condition no.2 on planning permission APP/2007/0636 to allow the granny annexe to be used as a seperate dwelling 200A BROWNSIDE ROAD WORSTHORNE-WITH-

Background:

Planning permission was granted in 2007 for the erection of an annex to the front of the dwelling at No. 200 Brownside Road.

It was put forward at the time that it would be very difficult to attach it to the house because of the internal layout, position of main windows etc. The possibility that there would be pressure for it to be a separate dwelling was considered and a condition was imposed to restrict the building to an annex only, so that a proposal to convert it to a separate house could be reconsidered having regard to residential amenity, car parking, etc.

Also at the time of the application for the annex the Borough was in a position of over- supply of housing and further applications for housing were not being granted except in the Intervention Areas.

The application is now for the removal of the condition so that the annex can be operated as a single dwelling independent of the house.

No objections have been received.

Main dwelling

Annex

Relevant Policies:

Burnley Local Plan Second Review GP1 - Development within the Urban Boundary H1 - Land for new housing development H2 - The sequential release of further housing land for development H3 - Quality and design in new housing development H13 – Alterations and extensions to existing dwellings H14 – Gardens and Backland Development

Article 31 Statement

The application as submitted was in accordance with the local plan policies and the National Planning Policy Framework and there was no need for any negotiation with the applicant.

Site History:

APP/2007/0636 – Proposed creation of granny annexe (resubmission) – granted APP/2006/0393 – Creation of granny annexe – refused

Consultation Responses:

Lancashire County Council (Highways) - no objections raised. The plan has been satisfactorily amended to show access from the existing drive with turning facility within the site. Would wish to see the front wall rebuilt to prevent casual use of the access.

Planning and Environmental Considerations:

The main issue is the principle of a new dwelling in this location having regard to the housing land position; its impact on the character of the area; residential amenity and highway safety.

The Council is in a position where there is sufficient housing land provision to meet the Borough’s needs for a five year rolling period and there is no need to release additional sites to meet the housing requirement. There is some capacity to allow windfall applications for housing development in suitable locations. In principle, therefore the proposal is acceptable. It is a brownfield site within the Urban Boundary. It is not in a highly accessible position in relation to shops and services but it would make use of the existing infrastructure and has reasonable access to public transport.

In terms of the impact on the character of the area, the resultant layout would amount to a form of backland development, with the original house being set back from the road and the annex close to the road. Although it is set back, the main house is visible from the road being positioned at the top of the access drive and there is adequate space around the buildings so that it does not lead to a cramped appearance. It would not result in a detriment impact on the overall appearance and character of the area.

There is a window in the dwelling to a main room which would directly face the patio door of a bedroom in the side elevation of the proposed bungalow and the applicant has agreed to obscurely glaze this to avoid any privacy issues. This can be achieved by condition. No other residents would be affected in terms of outlook or privacy. The front wall of the property has been partially demolished to form a gateway to the proposed bungalow, but the Highway Authority were concerned that this would not be a suitable access in this position. The applicant has amended the layout so that access would be gained from the existing drive and a turning area provided to the front of the bungalow. It would be appropriate to require that the front wall was reinstated to prevent it being used for access / egress. This would also help to shield the parking area from the main road frontage.

The proposal satisfies the policies of the Local Plan and is acceptable.

Recommendation:

That the condition preventing the use of the building as a separate dwelling be removed and additional conditions imposed in respect of the glazing of the bedroom window and the reinstatement of the front boundary wall be imposed.

Conditions

1. The patio window in northern elevation of the former annexe shall be obscurely glazed before the building is used as a separate dwellinghouse. The obscure glazing shall thereafter remain to the satisfaction of the local planning authority.

2. The opening formed in the front stone wall to Brownside Road, directly in front of the proposed bungalow, shall be closed and the wall rebuilt to its former height, in natural stone which matches the existing stonework in colour, coursing, size and texture before the building is brought into use as a separate dwelling.

3. The parking and turning area indicated on the approved plan, drawing no. BIRD/01A Dwg 04 received 27 August 2013 shall be provided before the building is brought into use as a separate dwelling.

Reasons

1. In order to protect the residential amenity of the occupants of the original house and the proposed bungalow having regard to Policy H3 of the Local Plan Second Review.

2. In the interests of highway safety having regard to Policy H3 of the Burnley Local Plan Second Review.

3. In the interests of highway safety, to ensure the adequate provision for the parking of vehicles and to ensure that they can enter and leave the site in forward gear, having regard to Policy TM15 and H3 of the Burnley Local Plan Second Review.