Grounds of Appeal

GROUNDS OF APPEAL NENE HOUSE, UTTOXETER ROAD, KINGSTONE DECEMBER 2015 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal Site Address: Nene House, Uttoxeter Road, Kingstone, Staffordshire, ST14 8QH Appellant: Mr. & Mrs. Cotterill Proposal: Erection of a detached dwelling and use of redundant store as detached double garage Grounds of Appeal Date Issued: 9th December 2015 Job Reference: RDP/2015/144 Report Prepared By: Rob Duncan BSc(Hons) MA MRTPI Rob Duncan Planning Consultancy Ltd Contact Details: Rob Duncan Planning Consultancy Ltd 70 Ferndale Road, Lichfield, Staffordshire, WS13 7DL Email: [email protected] Tel. 07779 783521 _____________________________________________________________________ 2 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal 1 Introduction 1.1 Rob Duncan Planning Consultancy Ltd. has been instructed by Mr. & Mrs. Cotterill to lodge an appeal under s78 of the Town and Country Planning Act 1990 (As Amended) in respect of the decision of East Staffordshire Borough Council to refuse planning consent for the erection of a detached dwelling and the reuse of an redundant store as a detached garage at Nene House, Uttoxeter Road, Kingstone. 1.2 The proposed dwelling will stand to a maximum height of 6.3 metres and occupy a footprint of 113m2. It will encompass an open plan lounge/kitchen/ dining room, hall, garden room, laundry room and ground floor bedroom (ensuite) at ground floor, with two bedrooms (one ensuite), dressing room, study and family bathroom at first floor. A detached store building is furthermore proposed for conversion to a detached double garage. The application was recommended for refusal by the planning officer and subsequently refused by the Planning Committee by a margin of one vote for the following reason: 1. The development of this site for residential purpose would not constitute sustainable development in respect of its economic, social and environmental impacts. Furthermore it lies within a settlement which performs poorly in comparison to other settlements in East Staffordshire which offer facilities and services to serve new houses. The principle of the development is therefore contrary to the National Planning Policy Framework, East Staffordshire Local Plan Saved Policy NE1 and emerging Local Plan Strategic Policy 8. 1.3 This document sets out the appellant’s grounds of appeal having regard to the above reason for refusal. _____________________________________________________________________ 3 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal 2 Site & Surroundings 2.1 The appeal site comprises part of the existing residential curtilage of Nene House, and is bordered to the north by a public footpath, and beyond that by residential development. Nene House lies to the immediate south of the proposed dwelling, and beyond that lies further residential development. The eastern boundary of the site comprises the Uttoxeter Road, and on the opposite side of the road lies further residential development. The western boundary of the site backs on to an agricultural field. The site slopes gently upwards in a northerly direction. An aerial photograph showing the site in its immediate surrounding context is shown in Figure 1 below, with a wider view of the village of Kingstone shown in Figure 2 overleaf. Figure 1 – Aerial Photograph of Appeal Site Source: Google Earth _____________________________________________________________________ 4 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal Figure 2 – Aerial Photograph of Kingstone Village Source: Google Earth 3 Planning Policy 3.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires proposals to be determined in accordance with the Development Plan taking into consideration any material considerations relevant to the determination of the application. 3.2 The decision notice issued by the Local Authority makes reference to saved policy NE1 of the East Staffordshire Local Plan (2006). However, since the determination of the application this document has been superseded by the adoption of the East Staffordshire Local Plan (2012 – 2032) and thus is no _____________________________________________________________________ 5 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal longer relevant. The following policies of the recently adopted Local Plan are considered to be of relevance to the determination of this appeal: 3.3 Principle 1 of the Local Plan relates to the ‘Presumption in Favour of Sustainable Development’ and states that when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. The Council will always seek to work proactively with applicants to: • find solutions which result in the approval of development proposals wherever possible; and • secure development that improves the economic, social and environmental conditions in the area. 3.4 Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in “made” neighbourhood plans, i.e. those that have been brought into legal force by the Council) will be approved without delay, unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out of date at the time of making the decision the Council will grant permission unless material considerations indicate otherwise – taking into account whether: • any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole, or _____________________________________________________________________ 6 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal • specific policies in the National Planning Policy Framework indicate that development should be restricted. 3.5 Strategic Policy 1 of the Local Plan relates to ‘East Staffordshire’s Approach to Sustainable Development’ and states that development proposals will be required to demonstrate the principles of sustainable development and will be assessed against the presumption in favour of sustainable development as interpreted and applied locally to East Staffordshire Borough Council. In assessing whether a development proposal or allocation is as sustainable as possible, the Council will apply the following principles (amongst others): • located on, or with good links to, the strategic highway network, and should not result in vehicles harming residential amenity, causing highway safety issues or harming the character of open countryside; • it is convenient and safe to walk, cycle and travel by public transport between (and for larger sites, around) the site and existing homes, workplaces, shops, education, health, recreation, leisure, and community facilities and between new on-site provision; • Integrated with the character of the landscape and townscape, provides for archaeological investigation where this is appropriate and conserves and enhances buildings of heritage importance, setting and historic landscape character; • designed to protect the amenity of the occupiers of residential properties nearby, and any future occupiers of the development through good design and landscaping; _____________________________________________________________________ 7 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal • would demonstrably help to support the viability of local facilities, businesses and the local community; • would contribute towards the creation of sustainable communities through the provision of a mix of housing types and tenures; 3.6 Strategic Policy 3 of the Local Plan relates to the ‘Provision of Homes and Jobs 2012-2032) and confirms that the Borough Council will provide for 11,648 dwellings over the plan period of 2012-2031. 3.7 Strategic Policy 4 of the Local Plan relates to the ‘Distribution of Housing Growth’ and confirms that there is a development requirement of 250 houses within the Tier 3 villages (of which Kingstone is one). 3.8 Strategic Policy SP8 of the Local Plan relates to ‘Development outside Settlement Boundaries’ and states that such development will not be permitted unless it is: • essential to the support and viability of an existing lawful business or the creation of a new business appropriate in the countryside in terms of type of operation, size and impact and supported by relevant justification for a rural location; or • providing facilities for the use of the general public or local community close to an existing settlement which is reasonably accessible on foot, by bicycle or by public transport; or • in accordance with a ‘made’ (i.e. legally in force) Neighbourhood Plan; or _____________________________________________________________________ 8 Nene House, Uttoxeter Road, Kingstone Grounds of Appeal • development under the Rural Exception Sites policy (see Policy 18 on Exception Sites); or • Appropriate re-use of Rural Buildings following guidance set out in the Rural Buildings SPD; or • infrastructure development where an overriding need for the development to be located in the countryside can be demonstrated; or • development necessary to secure a significant improvement to the landscape or the conservation of a feature of acknowledged importance; or • provision of renewable energy generation, of a scale and design appropriate to its location • otherwise appropriate in the countryside 3.9 Proposals falling within one of the

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