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Rookery Farm 6 Church Lane Fenny Drayton

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Rookery Farm 6 Church Lane Fenny Drayton Planning Committee 18 August 2020 Report of the Planning Manager Planning Ref: 20/00030/OUT Applicant: Mr Peter Simpson Ward: Twycross Sheepy & Witherley Site: Rookery Farm 6 Church Lane Fenny Drayton Proposal: Demolition of agricultural buildings and erection of 3 dwellings with associated garaging (Outline- all matters reserved except access, landscaping and layout) © Crown copyright. All rights reserved Hinckley & Bosworth Borough Council LA00018489 Published 2006 1. Recommendations 1.1. Grant planning permission subject to: • Planning conditions outlined at the end of this report. 2. Planning Application Description 2.1. The proposal relates to the demolition of agricultural buildings on the application site and the construction of three dwellings. Submitted in outline format, access, landscaping and layout are to be considered as part of the application. All other matters are reserved for later consideration. A revised site layout plan has been submitted showing the dwellings attached in an L-shaped building around a central courtyard which would provide a turning area. Car parking would be provided either side of the properties with the existing vehicular access being utilised onto Church Lane. 2.2. The landscape plan for consideration shows the area of land to the east and along the boundary of the Church to be used as grassland along with the demolition of the existing building along this boundary. This would allow a 15 metre root protection area for the Yew Trees located along this boundary. Occasional tree planting would take place within the application site along with native hedgerow planting. 2.3. An indicative elevation plan has been submitted showing that the properties would be designed as traditional brick and tile buildings which would have the appearance of converted agricultural buildings. Predominantly single storey in height the majority of the building would be no higher than 5.7 metres to its ridge with a section of the building being higher but not exceeding a height of 7 metres to its ridge. 3. Description of the Site and Surrounding Area 3.1. The application site is a rectangular plot of land comprising some 0.34 hectares. Accessed via a private drive off Church Lane the site adjoins the settlement of Fenny Drayton. Part of the application site comprising the access drive is located within the settlement boundary for Fenny Drayton. The settlement boundary also forms the eastern boundary of the site and part of the southern boundary of the site with the bungalow to the south of the site being located within the settlement boundary. Open fields form the remaining boundaries to the north and west of the site. These features give the area its semi-rural character. 3.2. The agricultural unit was previously known as Rookery Farm and now forms part of a larger agricultural unit with the farmhouse located at Drayton Grange Farm. A prominent modern steel portal frame building with concrete panel walls and box profile cladding and roller shutter doors is located on the application site along with other smaller buildings. The buildings are currently used for the storage of agricultural machinery. 3.3. The application site benefits from a prior approval granted for the change of use of part of these agricultural buildings to three dwellings under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (ref: 18/00868/CQGDO). 4. Relevant Planning History 18/00868/CQGDO • Proposed Change of Use of Agricultural Building to 3 Dwelling houses (Class C3), and for Associated Operational Development application • Prior Approval Granted • 12.11.2018 5. Publicity 5.1. The application has been publicised by sending out letters to local residents. A site notice was also posted within the vicinity of the site. 5.2. Four letters of objection have been received from individual households raising the following issues: 1) The plans do not show the size of the dwellings or their orientation 2) The proposal would result in loss of privacy to the neighbouring properties 3) Potential for loss of light to neighbouring properties if solid boundary fences/walls are proposed 4) Potential for loss of views to neighbouring properties if solid boundary fences/walls proposed 5) The proposal would result in the over development of the site 6) Other residential proposals outside of the settlement boundary have been refused 7) The proposal would impact on the setting of the adjoining Listed Church 8) The site has the potential for remains from a medieval manorial site and there are remains of ponds on the site 9) Roman remains have been found in the vicinity of the site 10) The important Yew Trees in the adjoining Church yard may be affected by the proposed scheme 11) Field is rich in Biodiversity which would be impacted upon by the proposal 12) The site is clearly visible from the public footpath, T27 13) The Agricultural Land classification for this area is Grade 3: Good to Moderate 5.3. One letter of support has been received from a local resident raising the following: 1) The proposed housing scheme would be in keeping with the village 2) A well designed housing scheme would be better than the approved barn conversions which are modern buildings and are not architecturally attractive 5.4. One letter of comment has been received from a local resident raising the following queries: 1) Would this development be required to contribute towards traffic calming measures in the village as it is used as a rat run from the A444 to the A5? 2) The site may have a restrictive covenant on it preventing uses other than agricultural uses 6. Consultation 6.1. Witherley Parish Council objects to the proposal for the following reasons: 1) The proposal would constitute over development of the site 2) The site lies outside the settlement boundary for Fenny Drayton 3) The proposal would have a negative impact on historic views, the church and the trees within the church grounds 4) They query whether the field to the south west of the site is included in the application? 6.2. No objections to the amended proposal have been received from: HBBC Environmental Services (Pollution) – subject to a condition HBBC Drainage Engineer – subject to a condition LCC as Highway Authority – subject to conditions LCC Archaeology LCC Ecology – subject to a condition 7. Policy 7.1. Core Strategy (2009) • Policy 13: Rural Hamlets 7.2. Site Allocations and Development Management Policies DPD (2016) • Policy DM1: Presumption in Favour of Sustainable Development • Policy DM4: Safeguarding the Countryside and Settlement Separation • Policy DM6: Enhancement of Biodiversity and Geological Interest • Policy DM7: Preventing Pollution and Flooding • Policy DM10: Development and Design • Policy DM11: Protecting and Enhancing the Historic Environment • Policy DM12: Heritage Assets • Policy DM13: Preserving the Borough’s Archaeology • Policy DM17: Highways and Transportation • Policy DM18: Vehicle Parking Standards 7.3. National Planning Policies and Guidance • National Planning Policy Framework (NPPF) (2019) • Planning Practice Guidance (PPG) 7.4. Other relevant guidance • Good Design Guide SPD (2020) • National Design Guide (2019) 8. Appraisal 8.1. Key Issues • Assessment against strategic planning policies • Design and impact upon the character of the area including the setting of the listed building • Impact upon neighbouring residential amenity • Impact upon highway safety • Other Matters Assessment against strategic planning policies 8.2. Paragraph 2 of the National Planning Policy Framework (NPPF) identifies that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Paragraph 2 of the NPPF also identifies that the NPPF is a material planning consideration in planning decisions. Paragraph 12 of the NPPF states that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where planning applications conflict with an up-to-date plan, development permission should not usually be granted unless other material considerations indicate otherwise. 8.3. The current development plan consists of the adopted Core Strategy (2009) and the adopted Site Allocations and Development Management Policies (SADMP) Development Plan Document (2016). The spatial distribution of growth across the Borough during the plan period 2006-2026 is set out in the adopted Core strategy. This identifies and provides allocations for housing and other development in a hierarchy of settlements within the Borough. 8.4. Using the standard method as outlined by MHCLG, Hinckley and Bosworth Borough is able to demonstrate five years of deliverable housing at 1 April 2020. Due to the change in the housing figures required for the borough paragraph 11d of the NPPF is triggered. Paragraph 11 of the National Planning Policy Framework (NPPF) and Policy DM1 of the Site Allocation and Development Management Policies Development Plan Document (SADMP) set out a presumption in favour of sustainable development, and state that development proposals that accord with the development plan should be approved unless other material considerations indicate otherwise. This is weighed in the balance of the merits of the application when considered with the policies in the Site Allocations and Development Policies DPD and the Core Strategy which are attributed significant weight as they are consistent with the Framework. Therefore, sustainable development should be approved unless other material considerations indicate otherwise. 8.5. The access drive within the application site is located within the settlement boundary for Fenny Drayton. This is an existing drive which currently leads to the agricultural buildings and into the field to the north of the site. 8.6. However, the remainder of the site is situated outside the defined settlement boundary of Fenny Drayton which lies to the east and south of the site. Policy DM4 of the SADMP is therefore applicable and states that the countryside will first and foremost be safeguarded from unsustainable development.
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