Development Management Report

Committee and date Item

South Planning Committee (Bridgnorth)

8 February 2011 9

Application Number: 10/05295/FUL Parish: Eaton Under Heywood

Grid Ref: 348163 - 291078

Proposal: Conversion of domestic garage to holiday let accommodation and siting of new oil tank

Site Address: Meadow Brook Ticklerton Church Stretton Shropshire SY6 7DQ

Applicant: Mr Brian Forbes

Case Officer: Trystan Williams email: [email protected]

1.0 THE PROPOSAL 1.1 This application seeks full planning permission to convert a detached garage/store within the curtilage of the above dwelling house into a self- contained unit of holiday accommodation. This involves installing three dormer windows, blocking the existing garage doors and inserting new windows and doors. Amended plans have been submitted at the request of the Local Planning Authority.

2.0 SITE LOCATION/DESCRIPTION 2.1 The property is a large detached two-storey house of stone and timber framing with rendered infill beneath a graduated stone tile roof. It stands within a generous plot alongside the Ticklerton to Hope Bowdler road, this being enclosed by native hedgerows and mature trees. This application concerns a three-bay garage with loft store situated close to the northwest boundary. It is a modern building, though of traditional construction with external materials similar to those of the house. The site is surrounded by agricultural land though with a small patch of woodland to the northwest. The closest neighbouring dwelling lies some 150 metres to the southeast. The site is within the Shropshire Hills Area of Outstanding Natural Beauty.

3.0 RECOMMENDATIONS 3.1 Permit, subject to conditions.

4.0 REASON FOR COMMITTEE DECISION 4.1 In accordance with the Council’s adopted ‘Scheme of Delegation’ the application is referred to the Area Regulatory Committee because the

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Parish Council has made representations contrary to the planning officer’s recommendation.

5.0 RELEVANT PLANNING HISTORY 5.1 The existing garage was approved in May 1992 under application No. SS/1/2425/P. The permission is subject to a condition stipulating that it shall only be used in connection with the house itself as a single dwelling unit and shall not be occupied as a separate dwelling or used for commercial or business purposes.

5.2 Other applications for a conservatory and new vehicular access were approved in February 1999 and September 2000 (ref. SS/1/99/09581/F and SS/1/00/11378/F).

6.0 CONSULTEE RESPONSES 6.1 Shropshire Council’s Countryside Access Team comments that although the proposal does not appear to affect a public right of way which crosses the site the applicant should ensure that: • the right of way remains open to the public and unobstructed at all times both during and following the construction work, unless a temporary closure is applied for; • vehicular movements must be arranged so as to ensure the safety of users of the right of way at all times; • the width of the right of way is not reduced; and • the surface of the right of way is not altered or damaged without prior notification; • no additional barriers such as gates or stiles are added to the right of way.

6.2 Shropshire Fire & Rescue Service – comment: It should be noted that the open plan layout of the accommodation and proposed use as holiday accommodation poses a significant risk to the occupants in case of fire. Although the proposal would conform to current Building Regulations if used as a single private dwelling, the proposed use as holiday accommodation means that the premises would fall within the scope of The Regulatory Reform (Fire Safety) Order, with which it would not appear to comply. Improved escape arrangements are therefore advised, along with the installation of a sprinkler system. Consideration should also be given to access requirements for emergency fire vehicles.

6.3 Eaton under Heywood and Hope Bowdler Parish Council – objection: Whilst tourism development is generally supported, the Parish Council feels that to allow subsequent variations which totally contravene the restrictions placed on original planning permissions sets an unfortunate and unacceptable precedent.

6.4 Shropshire Council Planning Ecologist – no objection: • The building does not trigger the need for a bat survey, though because bats can occasionally be found roosting in unexpected locations and the

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surrounding habitat has potential for bat activity the provision of a bat box on site should be ensured by condition. • The applicant should be informed of his legal responsibilities in the event that bats or active nests of wild birds are discovered on site.

7.0 PUBLIC REPRESENTATIONS 7.1 None

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS7: Sustainable Development in Rural Areas PPS9: Biodiversity and Geological Conservation

8.2 South Shropshire Local Plan Policies: SD1: Sustainable Development SDS3: Settlement Strategy SDS4: Conversion and Adaptation of Rural Buildings E1: Landscape Conservation E2: Nature Conservation E6: Design ED1: Rural Development ED3: Tourism Development

8.3 Supplementary Planning Guidance: • Conversion and Adaptation of Rural Buildings • Good Practice Guide on Planning for Tourism (DCLG, May 2006)

9.0 THE MAIN ISSUES • Principle of development and sustainability • Appropriateness of design • Impact on landscape quality and character • Impact on residential amenity • Impact on wildlife • Other issues raised in representations

10.0 OFFICER APPRAISAL 10.1 Principle of development and sustainability 10.1.1 Local Plan Policy ED3 promotes ‘sustainable tourism development’ which complements the scenic quality and distinctive character of the landscape and which would not have an adverse impact as a result of its location, size, design or traffic generation. It also envisages that 50% of schemes will relate to the reuse of existing rural buildings and/or previously developed land. Similarly Policy ED1 favours the reuse of existing buildings for new businesses which are of a scale and character appropriate to a rural area.

10.1.2 In this instance the building concerned was constructed relatively recently, though is attractively designed and, presumably, underused as a garage. The purpose of the condition imposed on the original planning permission was simply to ensure that the use of the building was not changed without

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South Planning Committee (Bridgnorth) : 8 February 2011

formal approval from the Local Planning Authority, and it does not necessarily follow that any other use would be unacceptable. The applicant remains perfectly entitled to apply for permission to convert the building, and this gives the LPA the opportunity to consider whether or not the new use is appropriate in terms of current planning policies. Of course other parishioners could theoretically come forward with similar proposals, each of which would have to be considered on their own merits and a decision made on material planning grounds.

10.1.3 Although the property is set in open countryside it is in reasonable proximity to Church Stretton, one of south Shropshire’s principal service centres where a range of facilities and visitor attractions is available. The surrounding area is also very popular with walkers. In terms of location, therefore, the proposal is considered to be sustainable, and given its small scale it is unlikely to generate a significant number of extra car journeys.

10.1.4 Because the formation of a wholly separate, unfettered dwelling unit would be contrary to the locational, sustainability and affordable housing policies of the Local Plan a condition is necessary to ensure occupation only as a holiday let. Meanwhile a further condition ensures that the house itself will continue to provide the necessary supervision of the enterprise, thus obviating any potential future need for additional manager’s accommodation.

10.2 Appropriateness of design 10.2.1 Although the Supplementary Planning Guidance on the conversion of rural buildings cites the insertion of dormer windows to increase headroom as an indication that the building is unsuitable for the conversion proposed, as noted above this application concerns a relatively modern garage of no historic interest or importance. It is, however, appropriate for this ancillary outbuilding to retain its subservience to the house with which it is associated. Attempts to secure the deletion of the dormer windows, which would result in a more domestic appearance, have proved unsuccessful, though the building’s comparatively small scale will ensure that it retains a lower status. Furthermore, the blocking of the garage doors with timber cladding as shown on the amended plans will preserve the impression of openings, giving something of the appearance of a converted barn or cart shed. On balance, therefore, the design is considered to be acceptable.

10.3 Impact on landscape quality and character 10.3.1 These relatively modest alterations to an existing building which appears visually related to the main house and which is only visible at close range will not harm the generally open character or natural beauty of the wider landscape.

10.4 Impact on residential amenity 10.4.1 Given its distance from other dwellings the conversion of the garage into a single unit of holiday accommodation will cause no demonstrable harm to local residents in terms of noise, disturbance or overlooking.

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South Planning Committee (Bridgnorth) : 8 February 2011

10.5 Impact on wildlife 10.5.1 As noted above the Council’s Planning Ecologist suggests a condition requiring the provision of bat boxes, though because the proposal does not trigger the need for a bat survey and there is no specific evidence of bat activity on the site it would not be reasonable to insist upon this betterment under the planning process. The issue is addressed more appropriately by means of an informative.

10.6 Other issues raised in representations 10.6.1 The Shropshire Fire and Rescue Service’s concerns have been forwarded to the applicant’s agent, but it is noted that escape arrangements would be covered by separate legislation which should not be duplicated by the planning system. However, an informative is included to alert the applicant to the fact that any further external alterations which may be necessary in order to comply may incur the need for a further planning permission.

11.0 CONCLUSION 11.1 On balance the application is considered to accord with the principal determining criteria of the relevant development plan policies. Approval is therefore recommended, subject to conditions to reinforce the critical aspects of the scheme.

LIST OF BACKGROUND PAPERS:

HUMAN RIGHTS Article 1 of the First Protocol of the European Convention of Human Rights requires that the desires of landowners must be balanced against the impact of development upon nationally important features and the impact on residents. This legislation has been taken into account in arriving at the above recommendation.

Reason for Approval The proposal conforms to the provisions of the development plan insofar as they are relevant to the application. No material considerations, including those raised in representations, were considered to outweigh the policies of the development plan. In determining the application the Local Planning Authority gave consideration to the following policies:

Central Government Guidance: PPS7: Sustainable Development in Rural Areas PPS9: Biodiversity and Geological Conservation

South Shropshire Local Plan Policies: SD1: Sustainable Development SDS3: Settlement Strategy SDS4: Conversion and Adaptation of Rural Buildings E1: Landscape Conservation E2: Nature Conservation E6: Design ED1: Rural Development ED3: Tourism Development Contact Rob Mills (01746) 713132 Page 5 of 8

South Planning Committee (Bridgnorth) : 8 February 2011

Supplementary Planning Guidance: • Conversion and Adaptation of Rural Buildings • Good Practice Guide on Planning for Tourism (DCLG, May 2006)

Conditions

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. Unless any minor amendments are agreed in writing by the Local Planning Authority, the development shall be carried out in strict in accordance with the deposited plans and drawings as amended by the revised plan No. 112/10-02 Rev. A, dated and received by the Local Planning Authority on 20th January 2011.

Reason: To define the consent and ensure that the external appearance of the development is satisfactory, in accordance with Policies E1, E6 and SDS4 of the adopted South Shropshire Local Plan.

3. Unless shown otherwise on the approved plans or agreed in writing by the Local Planning Authority prior to the commencement of development the external materials of the development hereby permitted shall match in colour, form and texture those of the existing building.

Reason: To ensure that the development harmonises with the existing building and reflects the vernacular tradition of the area, in accordance with Policies E1 and E6 of the adopted South Shropshire Local Plan.

4. a) No person, family or group of persons shall occupy any part of the holiday accommodation hereby approved for a period of more than 3 consecutive weeks;

b) Not less than 12 weeks shall elapse between each period of occupancy by the same person, family or group of persons.

Reason: To ensure that the development hereby approved is not used to establish an additional permanent dwelling unit in the open countryside, which would be contrary to Policies SDS3 and SDS7 of the adopted South Shropshire Local Plan.

5. The existing dwelling on the site, known as 'Meadow Brook', shall provide the required supervision and management of the holiday let enterprise hereby approved. As such the two shall not at any time be disposed of separately without the prior written consent of the Local Planning Authority.

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Reason: To ensure the provision of adequate on-site supervision of the enterprise in the interests of sustainable tourism development in accordance with Policies SD1 and ED3 of the adopted South Shropshire Local Plan, and to prevent the establishment of an additional independent dwelling unit in the open countryside, which would be contrary to Policies SDS3 and SDS7 of the adopted South Shropshire Local Plan.

Informatives

1. THIS PERMISSION DOES NOT CONVEY A BUILDING REGULATIONS APPROVAL under the Building Regulations 2000 (as amended 2006). The works may also require Building Regulations approval. If you have not already done so, you should contact the Council's Building Control Officer (01743 255974).

2. In order to ensure the provision of roosting opportunities for bats you are encouraged to consider installing an EcoSurv or Schwegler 1FQ bat box (or direct Woodcrete equivalent) in a suitable location on the site prior to first use of the development hereby permitted. The box should be erected as described in the manufacturer's guidance, or as advised by an experienced ecologist.

3. You are hereby advised that all species of bat found in the UK are European Protected Species under the Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended). Should a bat be discovered on site at any point during the course of the development work must halt and Natural England should be contacted for advice.

4. There is potential for nesting wild birds to be present within the building to which this permission relates. The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent.

If possible all clearance, conversion and demolition work in association with the approved scheme should be carried out outside the bird nesting season, which runs from March to September inclusive. If it is necessary for work to commence in the nesting season a pre-commencement inspection of the building and nearby vegetation for active bird nests should be carried out. If vegetation is not obviously clear of bird's nests an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.

5. Your attention is drawn to the attached comments by the Shropshire Fire and Rescue Service, and in particular the section headed 'Dwelling Layout - Holiday Let Accommodation'. You are hereby advised that this consent does not imply compliance with the Regulatory Reform (Fire Safety) Order, and that any further external alterations which may be necessary in order to

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comply with this Order may also require a further application for planning permission.

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