Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

19/00741/FUL Mr J Shaw , NON MAJOR BEDNALL & TEDDESLEY HAY Councillor Bates Councillor Ford

Fieldfare School Lane Bednall ST17 0SD

Proposed replacement dwelling (resubmission of application 19/00458/FUL)

1. SITE DESCRIPTION AND PLANNING HISTORY

1.1 Site Description

1.1.1 The site has an area of approx. 0.13 ha. and lies on the west side of School Lane, to the south of All Saints Primary School in Bednall which is defined as a 'small service village' in the Core Strategy.

1.1.2 It is the 'last' property in this single-track lane as one heads south out of Bednall into open Green Belt countryside, but it lies within the development boundary for the settlement. The site is relatively open to view from the south along School Lane.

1.1.3 The application site relates to an existing, relatively small pitched-roof bungalow with a room in the roofspace. The dwelling is situated towards the western end of the site, close to the boundary with the adjacent dwelling at Oak Tree Cottage and has a generous open garden/amenity area to the east and south. There is a mature hedge along the School Lane frontage, from which vehicular access is obtained; the southern boundary is marked by a post and rail fence. Beyond the residential curtilage, to the south and west, is an extensive paddock.

1.1.4 There are three dwellings in the immediate vicinity: Oak Tree Cottage which is a relatively modern two-storey dwelling which lies next to Fieldfare to the west along an existing private drive; The Cottage, which despite its name is a substantial, more established two-storey house situated opposite the application site with a main elevation facing towards Fieldfare's front garden; and adjacent thereto and opposite Oak Tree Cottage is Tranquil, another substantial, modern two-storey property.

1.2 Relevant Planning History

89/01330: January 1990, approval granted for the removal of an 'agricultural occupancy condition' imposed on the original planning permission for Fieldfare (623/64).

1329/89: January 1990, outline planning permission granted for a single dwelling to replace former cow shed used by Fieldfare for the assembly of pottery kilns. Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

Reserved matters approval granted in October 1992, 0732/92: this is the property now known as Oak Tree Cottage.

19/00458/FUL: September 2019, detailed planning application for a replacement dwelling refused for two reasons, namely impact on the character and appearance of the location arising from the significant increase in the quantum of development at this site, and upon the residential amenities of the adjacent dwelling.

2. APPLICATION DETAILS 2.1 Proposal

2.1.1 This application is a re-submission of that for which planning permission was refused in September 2019.

2.1.2 The proposal remains broadly similar to the original scheme, with some amendments which are summarised below. Following discussions some amendments were submitted in December 2019 and have been the subject of neighbour re-notification.

2.1.3 The application proposes the demolition of the existing bungalow and the erection of a very substantial 'L-shaped' two-storey, 6-bedroom dwelling in the same approximate position on the site.

2.1.4 The footprint of the existing bungalow and adjacent outbuilding is approx. 140 sq. m., and its height is 5.68 sq. m.

2.1.5 The new dwelling would comprise on the ground floor a dining room, living/dining & kitchen area, playroom, a separate living room, study, reception, wet room/plant and utility rooms and a triple integral garage. This element of the proposal projects forward of the main body of the house at 90 degrees, towards the front of the site. The first floor accommodation comprises a master bedroom & en- suite, together with a balcony enclosed on its west side by 1.7m high obscure glazing stated to be to protect the privacy of the occupiers of Oak Tree Cottage, four other bedrooms, and a music room/annexe and guest bedroom above the triple garage.

2.1.6 The dwelling would have a pitched clay-tiled roof and be finished in facing brickwork with a small stone plinth. It is of a traditional design and appearance. The floor area (gross internal) of the proposed dwelling, is stated to be approx. 504 sq. m., with a footprint of approx. 297 sq. m.

2.1.7 This proposal seeks to respond to the refusal reasons by having reduced the ridge height over the right hand third of the property by 1.2m., the applicant stating that this makes the ridge 0.36m. lower than the ridge of the adjacent Oak Tree Cottage. The ridge between the two upper gables of the main part of the house has also been lowered by 0.34m. to seek to reduce the impact of the main ridge line of the property to reduce its massing and form.

Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

2.1.8 The maximum height to gable would be 8.5m., 8.2m. to the intervening ridge, and 7.4m. to the western part of the dwelling; the ridge height of the projecting garage/annexe would be 6.7m. This compares with the stated ridge heights of three adjacent dwellings of 7.57m., 7.66m. and 8.39m.

2.1.9 The applicant notes that the revised scheme is set over 2m from the boundary with Oak Tree Cottage which also has no principle window facing the application site. He submits that these changes to the roof line and design of the right hand third overcome issues with height, form, bulk, scale and design by 'presenting a lower more integrated property which appears as an extended house.'

2.1.10 Further to discussions with the applicant, amended plans were submitted in December 2019. The changes comprised a reduction in the overall size of the property by 20 sq.m. and an increased separation to the boundary with Oak Tree Cottage to over 4m which with a lower eaves on this side the applicant submits will prevent any overbearance on Oak Tree Cottage. The proposed house is not moved any further forward within the site towards School Road.

2.1.11 The application proposes the improvement of the existing vehicular access from School Lane, but no details are provided. However, these could be required by a planning condition.

2.1.12 The application is accompanied by an updated Design & Access Statement (DAS), a streetscene drawing which compares size and ridge heights of the proposal and two nearby houses and a separate Context Image document which includes various photographic montages which show the proposed dwelling in its context and from different viewpoints.

2.1.13 The DAS states, inter alia, that the bungalow could be extended under permitted development rights to provide a footprint of 451 sq. m., which is much larger than the proposed footprint. It also states that the design takes note of the architecture of different properties in the village, and that the increase in size is 'minimal' compared with the surrounding properties and creates a dwelling which is 'more in line' with them.

2.1.14 A Preliminary Bat Roost & Bird Survey is also submitted. The Bat Roost Survey concludes that there is evidence of bats and birds sheltering/roosting in the existing building, confirmed by emergence surveys. The report advises that a Bat Mitigation Class Licence will be required, and recommends that a cavity bat roost can be created in the gable apex of the new building to provide new bat roosting opportunities as required by the National Planning Policy framework and the licensing requirements of Natural , and that a European Protected Species license will be required from Natural England for the demolition of the property should planning permission be granted.

Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

3. POLICY CONTEXT

Adopted Core Strategy (December 2012)

Core Policy 1 The Spatial Strategy for South Core Policy 4: Promoting High Quality Design Policy H1: Achieving a Balanced Housing Market Policy H2: Provision of Affordable Housing Policy H4: Delivering Affordable Housing Policy EQ1: Protecting, Enhancing and Expanding Natural Assets Policy EQ4 Protecting and enhancing the character and appearance of the Landscape Policy EQ9 Protecting Residential Amenity Policy EQ11 Wider Design Considerations Appendix 5 Car parking standards Appendix 7 Space about Dwellings

National Planning Policy Framework (2019)

5. Delivering a sufficient supply of homes 11. Making effective use of land 12. Achieving well-designed places

Supplementary Planning Documents

South Staffordshire Design Guide 2018 Sustainable Development SPD 2018

4. CONSULTATION RESPONSES

Councillor Bates has called the application to Planning Committee because a similar application for the site was refused on the grounds that it was overpowering (29/01/20202).

County Ecologist: No objections, subject to conditions (12/11/2019)

County Highways: No objections subject to conditions (01/11/2019)

In respect of the application as originally submitted, six expressions of support were received; these can be summarised as follows:

-The new build will be attractive and will enhance and be a welcome addition to the village and be a vast improvement to the old bungalow and the lane. -It will sit well within the small development of surrounding properties which all differ in shape, size and materials, and that when proposed hedges have fully grown the development will only be visible from the entrance. -The current field adjacent to the bungalow has seen a recent significant improvement and maintenance. Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

-The village has an eclectic mix of house styles and this development appears to take influence from various properties within the village. -The development will not have a detrimental effect on its surroundings, it will add character and only improve on what is there currently.

Two objections were also received; three correspondents wished to remain anonymous, so their objections have not been registered.

The submitted objections are summarised on the following grounds:

-Little difference to the previous one submitted (19/00458/FUL) which was refused. -The building will be much larger than the present footprint of the existing building, which is not in keeping with this rural area, nor the narrow lane on which it will stand. -Felling of mature trees and trimming of the boundary hedgerow. -Fieldfare was originally granted planning permission as an agricultural dwelling and any development should not be any larger than the original. -Traffic concerns: the roads in Bednall are heavily congested by school traffic/emergency vehicles already would have great difficulty in attending properties at many times in the day. -Submitted photographs considered to be misleading.

In response to the amended plans, one objector re-iterates the original objections whilst another now wishes their objection to be made public, which comments can be summarised as follows:

-Objections to original application re-iterated. -The proposed development is out of keeping with its countryside location and there is no obvious difference between the original and the current application apart from an alteration to the roofline. -Overlooking of existing property and loss of our privacy and daylight to principal rooms and garden. -Removal of several trees impacting on birdlife. Site Notice (displayed 24/10/2019)

5. APPRAISAL

5.1 Councillor Bates has called the application to Planning Committee because a similar application for the site was refused on the grounds that it was overpowering

5.2 Key Issues

- Principle of development - Impact on the character of the area - Impact on the amenities of neighbouring properties - Affordable housing - Ecology

Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

5.3 Principle of development

5.3.1 The site lies within the development boundary for Bednall, albeit on its southern extremity and as such there is no objection in principle to the replacement of an existing dwelling.

5.3.2 The key issue is the impact of the proposal on the character and appearance of this part of the village, having regard to the size and scale of the proposed dwelling and the context of the relevant planning policies and guidance.

5.4 Impact on character of the area

5.4.1 Policy EQ11 of the Core Strategy requires that development proposals must take into account local character and distinctiveness and, under the sub-heading 'Form' at C (f), that in terms of scale, volume, massing and materials, developments should contribute positively to the street scene and surrounding buildings, whilst respecting the scale of spaces and buildings in the local area. The South Staffordshire Design Guide, at section D 'Building scale and form', states that buildings should 'fit harmoniously' into their surrounding environment and notes that where a new building is too large and bulky in comparison to the open spaces and streets around them places fell cramped and oppressive.

5.4.2 Whilst the principle of a replacement dwelling on the site is considered to be acceptable, the proposal must however still fit in with its surroundings, the character of the area and harmonise well with the existing pattern of development hereabouts. The application site is located at the extremity of the development boundary, where built development within the village gives way to the countryside and School Lane immediately takes on a rural character. The relatively small scale of the existing bungalow, in an open setting of the present gardens, provides a 'low- key feel' which is part and parcel of the existing semi-rural character hereabouts.

5.4.3 Various amendments have been made to the previously refused scheme, as summarised above, and the application is accompanied by various montages and a streetscene drawing. However, there is no doubt that the proposed dwelling is substantial and is significantly larger than the existing bungalow it would replace, which is modest in size.

5.4.4 However, the village of Bednall is characterised by detached houses, many of which are individual in design and substantial in size. Although the proposed dwelling will be larger than others in the vicinity, it will not be so much larger than others to appear out of character. It will be set approximately 15m back from School Lane and will be seen in the context of other houses in the vicinity when viewed from the south. On balance therefore it is considered that the size of the proposal, as amended, is acceptable and complies with policy EQ11. It is not considered that a refusal based only the size of the property can be justified.

Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

5.5 Impact on neighbours

5.5.1 Policy EQ9 of the Core Strategy requires that new development should take into account the amenity of any nearby residents. The South Staffordshire Design Guide, at section D 'Building scale and form', states that new buildings should consider their potential effects on neighbouring buildings and avoid overshadowing and overlooking.

5.5.2 The second refusal reason for the original proposal was based on the impact upon the amenities of the adjacent property at Oak Tree Cottage. It is considered that the amendments to the scheme, comprising the reduction in ridge height of the part of the building nearest the boundary, combined with it being moved further away therefrom has, on balance, addressed this concern and as such it is not considered that this would now justify refusal of permission for this reason.

5.5.3 With regards to the concerns of a neighbour, the main front elevation of the house would face towards that of The Cottage, opposite, but with a separation distance of some 24m. I therefore do not consider that the building would give rise to any unreasonable loss of privacy or daylight to that or other nearby properties which would justify refusal of planning permission for this reason.

Other matters

5.6 Affordable housing

5.6.1 Policy H4 of the CS requires the provision of affordable housing in small service villages for new housing developments if '2 or more dwellings' or sites of 0.1 ha. or more: the site area just exceeds this criterion. However, the proposal is for a single dwelling only and is for the replacement of an existing dwelling (albeit on a significantly larger basis), so is arguably not a 'new housing development'. In any event current national planning policy (NPPF para 63) states that affordable housing should not be sought for residential developments that are not major developments, as is the case here, and supersedes the CS policy. As such, it is not considered that an affordable housing contribution is required in this instance.

5.7 Ecology

5.7.1 The submitted survey confirms the presence of bats and that a Bat Mitigation Class Licence will be required (under separate legislation) for the demolition of the dwelling. The European Protected Species Regulations have been considered. The County Ecologist raises no objection subject to appropriate condition/s, which could be imposed were planning permission to be granted.

6. CONCLUSION

6.1 There is no doubt that the proposed dwelling is substantial and is significantly larger than the existing bungalow it would replace, which is modest in size. However, the village of Bednall is characterised by detached houses, many of which Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

are individual in design and substantial in size. Although the proposed dwelling will be larger than others in the vicinity, it will not be so much larger than others to appear out of character. It will be set approximately 15m back from School Lane and will be seen in the context of other houses in the vicinity when viewed from the south. It is considered that the amendments to the design have addressed previous concerns about the potential for adverse impacts on neighbouring properties.

6.2 On balance, therefore, it is considered that the proposal, as amended, is acceptable and complies with policies EQ 9 and EQ 11. It is not considered that a refusal based only on the size of the proposed property can be justified and that, subject to the imposition of appropriate conditions, approval is recommended.

7. RECOMMENDATION - APPROVE Subject to Conditions

Subject to the following condition(s):

1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which this permission is granted.

2. The development shall be carried out in accordance with the approved drawings: Elevations, sections and site plan (dwg no 11), plans, site plan and location plan (dwg no 10), received on 17.12.2019

3. No works above damp-proof level shall take place until details of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

4. The development hereby permitted shall not be brought into use until the existing access to the site within the limits of the public highway has been reconstructed and completed.

5. The development hereby permitted shall not be brought into use until the access drive, parking and turning areas have been provided in accordance with the approved plans.

6. Any gates shall be located a minimum of 6.0m rear of the carriageway boundary and shall open away from the highway.

7. Demolition of the existing bungalow must follow the Method of Working (pages 34-35 of the revised Preliminary Bat Roost Assessment and Bird Survey (S Christopher Smith, dated 4th July 2019), unless otherwise agreed in writing with the Local Planning Authority. Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

8. Details of the type and location of 2 built-in bat boxes are to be submitted to and approved in writing by the Local Planning Authority as per recommendations in the revised Preliminary Bat Roost Assessment and Bird Survey (S Christopher Smith, dated 4th July 2019). The work shall be carried out in accordance with the approved details.

9. An external lighting plan shall be submitted to and approved in writing by the Local Planning Authority that preserves unlit corridors around the perimeter of the site and does not light the built-in bat boxes. The work shall be carried out in accordance with the approved details.

10. A landscape and planting plan shall be submitted to and approved in writing by the Local Planning Authority to provide biodiversity enhancements. The work shall be carried out in accordance with the approved details.

Reasons

1. The reason for the imposition of these time limits is to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. In order to define the permission and to avoid doubt.

3. To safeguard the amenity of the area in accordance with policy EQ11 of the adopted Core Strategy.

4. In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.

5. In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.

6. In the interest of highway safety. To comply with the principles set out in the National Planning Policy Framework.

7. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.

8. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.

9. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy. Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

10. In order to protect any protected species on the site in accordance with EQ1 of the adopted Core Strategy.

11. Proactive Statement - In dealing with the planning application the Local Planning Authority has worked in a positive and proactive manner by agreeing amendments to the application and in accordance with paragraph 38 of the National Planning Policy Framework 2018.

12. HIGHWAYS INFORMATIVE

i)Any work taking place within the limits of the public highway for the reconstruction of the existing vehicular access shall require a Permit to Dig. Please contact Staffordshire County Council, Network Management Unit, Staffordshire Place 1, Tipping Street, Stafford. ST16 2DH. (or email to [email protected])

ii) No part of the proposed entrance wall or its foundations, fixtures and fittings shall project forward of the highway boundary.

Tyler Parkes/Sue Frith - Development Management Team Manager: Planning Committee 18.02.2020

Fieldfare, School Lane, Bednall, STAFFORD ST17 0SD