Park North, North Street, Horsham, West Sussex, RH12 1RL Tel: (01403) 215100 (calls may be recorded) Fax: (01403) 262985 DX 57609 HORSHAM 6 www.horsham.gov.uk
Chief Executive - Tom Crowley
Personal callers and deliveries: please come to Park North
E-Mail: [email protected] Direct Line: 01403 215465
Development Control (South) Committee TUESDAY 19th MARCH 2013 AT 2.00p.m. COUNCIL CHAMBER, PARK NORTH, NORTH STREET, HORSHAM
Councillors: David Jenkins (Chairman) Sheila Matthews Vice-Chairman) Roger Arthur Ian Howard Adam Breacher Liz Kitchen Jonathan Chowen Gordon Lindsay Philip Circus Chris Mason George Cockman Brian O’Connell David Coldwell Roger Paterson Ray Dawe Sue Rogers Brian Donnelly Kate Rowbottom Andrew Dunlop Jim Sanson Jim Goddard
Tom Crowley Chief Executive
AGENDA
1. Apologies for absence
2. To approve as correct the minutes of the meeting of the Committee held on 19th February 2013 (attached)
3. To receive any declarations of interest from Members of the Committee – any clarification on whether a Member has an interest should be sought before attending the meeting.
4. To receive any announcements from the Chairman of the Committee or the Chief Executive
5. To consider the following reports and to take such action thereon as may be necessary
Head of Planning & Environmental Services Appeals Applications for determination by Committee - Appendix A
Paper certified as sustainable by an independent global forest certification organisation
Item Ward Reference Site No. Number
A1 Pulborough and DC/12/2093 Oakdene Blackgate Lane Pulborough Coldwaltham
A2 Bramber, Upper DC/12/1619 The Bridge Inn High Street Upper Beeding Beeding and Woodmancote
A2 Bramber, Upper DC/12/1645 The Bridge Inn High Street Upper Beeding Beeding and Woodmancote
A3 Bramber, Upper DC/13/0017 7 Coombe Drove Bramber Beeding and Woodmancote
A4 Billingshurst and DC/12/2249 Chalk Farm Okehurst Lane Billingshurst Shipley
A5 Steyning DC/13/0201 Alders Horsham Road Steyning
A6 Billingshurst and DC/13/0076 Valelands West Chiltington Lane Coneyhurst Shipley Billingshurst
A7 Cowfold,Shermanbury DC/13/0200 Sake Ride Farm Wineham Lane Wineham and West Grinstead Henfield
6. Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances
DCS130219
DEVELOPMENT CONTROL (SOUTH) COMMITTEE 19th FEBRUARY 2013
Present: Councillors: David Jenkins (Chairman), Roger Arthur, Jonathan Chowen, Philip Circus, George Cockman, David Coldwell, Brian Donnelly, Gordon Lindsay, Chris Mason, Roger Paterson, Kate Rowbottom, Jim Sanson
Apologies: Councillors: Sheila Matthews (Vice-Chairman), Adam Breacher, Ray Dawe, Andrew Dunlop, Jim Goddard, Ian Howard, Liz Kitchen, Brian O’Connell, Sue Rogers
DCS/104 MINUTES
The minutes of the meeting of the Committee held on 15th January 2013 were approved as a correct record and signed by the Chairman.
DCS/105 INTERESTS OF MEMBERS
Member Item Nature of Interest
Councillor Roger DC/12/2138 Personal & prejudicial – he is the Paterson applicant
DCS/106 ANNOUNCEMENTS
There were no announcements.
DCS/107 APPEALS
Appeals Lodged Written Representations/Household Appeals Service
Ref No Site Appellant(s)
DC/12/1431 Old Oaks, Spinney Lane, West Mr Patrick Shaw Chiltington DC/12/0791 Heatherdene, Shoreham Road, Small Mr and Mrs S Bailey Dole
Appeal Decisions
Ref No Site Appellant(s) Decision
DC/12/0527 Plots 5 & 6 Bramblefield, Mr and Mrs Dismissed Crays Lane, Thakeham Barry Knight
Development Control (South) Committee 19th February 2013
DCS/108 PLANNING APPLICATION: DC/12/1975 – ERECTION OF 15 DWELLINGS COMPRISING 6 X 3-BED, 3 X 2-BED, 5 X 2-BED FLATS (SOCIAL), I X 1-BED FLAT (SOCIAL) AND IMPROVEMENT OF EXISTING ACCESS (OUTLINE PLANNING) SITE: PENN RETREAT RECTORY LANE ASHINGTON APPLICANT: MESSRS JOHN AND JOSEPH SMITH
The Head of Planning & Environmental Services reported that this application sought outline permission for the erection of 15 dwellings comprising six 3- bedroom houses in three semi detached blocks, three x 2-bedroom houses in a terrace, and one block comprising five 2-bedroom and one 1-bedroom social flats.
Parking provision included two spaces for each house and one space for each flat and two disabled parking bays. An area of communal grounds laid to lawn would be provided for the flats, and each house would have a garden.
The site was located to the west of Ashington outside the built up area and was accessed via Rectory Lane, with two additional pedestrian access points. It had been a gypsy site but was vacated in 2012. Penn Gardens Housing Estate was to the south and backed directly onto the application site, with hedging and two oak trees to the north. The western boundary consisted of vegetation and a stream.
The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP3, CP5, CP12 and CP15; and Local Development Framework General Development Control Policies DC1, DC2, DC9, DC18, DC30, DC32 and DC40; and South East Plan Policies CC1, CC6, CO5 and IW3 were relevant to the determination of this application.
It was reported that the South East Plan was due to be revoked shortly. It was reported that, if the matter was delegated for approval and should the Plan be revoked before final determination of the application, the Head of Planning and Environmental Services would consider if the removal of the South East Plan policies would effect the determination of the application. If it would effect the determination of the application, the application would be brought back to Committee. The initial view was that it would not.
Relevant planning history included:
AS/27/01 Retention of Mobile Home Granted
DC/04/1989 Siting of Mobile Home (renewal of Granted AS/27/01) DC/05/2640 Erection of three dwellings (outline) Withdrawn
2
Development Control (South) Committee 19th February 2013
DCS/108 Planning Application: DC/12/1975 (cont.)
DC/06/0295 Replacement mobile home and erection of Granted two mobile homes DC/10/1288 Stationing of 6 traveller / gypsy pitches Pending and outbuildings and storage area. New Decision access and hardstanding
The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. In particular, the comments of the Strategic & Community Planning and the Housing Development & Strategy Manager were noted. The Parish Council supported the application on the basis that the social housing element met the needs of the village. Two letters of objection had been received from the same address. A representative of the Parish Council spoke in support of the application.
Whilst the proposal was contrary to the Council’s current adopted planning policy, Members noted that it would provide affordable and open market housing in the village, particularly in smaller units, a need for which had been identified by the Housing Needs Survey conducted in July 2012 by Ashington Parish Council and Action in Rural Sussex.
It was noted that the applicant would withdraw application DC/10/1288, for the stationing of six traveller/gypsy pitches plus outbuildings and storage area, should the current application be granted.
Members considered the adopted planning policy in the context of the history of the site and the community support for the application. It was considered that the proposal was a sustainable development that related well to the adjoining Penn Close, and would be beneficial to the community and enhance the character of the site.
Members therefore considered that the application was acceptable in principle, subject to the completion of a planning agreement to secure community facility and transport infrastructure contributions.
RESOLVED
(i) That a legal agreement be entered into to secure the financial contribution in respect of community facilities and transport infrastructure.
(ii) That subject to the completion of the legal agreement in (i) above, application DC/12/1975 be determined by the Head of Planning & Environmental Services to allow for the framing of conditions including the defining of occupancy requirements for the proposed affordable housing. The preliminary view of the Committee was that the application should be granted.
3
Development Control (South) Committee 19th February 2013
DCS/109 PLANNING APPLICATION: DC/12/1857 – CHANGE OF USE FROM BED AND BREAKFAST HOTEL TO PRIVATE RESIDENCE SITE: NASH MANOR HORSHAM ROAD STEYNING APPLICANT: MRS M ESLER
Item deleted from the agenda.
DCS/110 PLANNING APPLICATION: DC/12/1629 – ERECTION OF NEW DWELLING TO REAR OF STEETON, INCLUDING NEW ACCESS DRIVEWAY AND GARAGE TO SERVE EXISTING HOUSE SITE: STEETON ROCK ROAD STORRINGTON APPLICANT: MR AND MRS L REINECK
The Head of Planning & Environmental services reported that this application sought planning permission for the erection of a new three bedroom chalet bungalow with an integral garage to the rear of the existing dwelling. The site was located within the built-up area of Storrington and Sullington and was adjacent to Hillside Walk which included predominately single storey buildings or larger chalet style bungalows.
The application had been deferred by the Committee in order to receive plans showing the street scene and cross-section, and to seek a reduction in ridge height if considered necessary (Minute No. DCS/102 (15/01/13) refers).
Members were referred to the previous report which contained details of relevant policies, planning history, the outcome of consultations and a planning assessment of the proposal. The Parish Council, which had not commented previously, had no objection to the application. Three members of the public spoke in objection to the application and the applicant addressed the Committee in support of the proposal.
The proposed new dwelling had been further assessed and a plan had been provided which demonstrated that the proposal would be in keeping with the character of the surrounding area and would not have a detrimental impact on the street scene.
Members noted continued concerns regarding the impact of the proposed ridge height on the surrounding dwellings. It was noted that some properties in the road had a ridge height which was greater than the proposed 6.8 metres, and that the proposed site of the dwelling was set back from Hillside Walk.
It was considered that adequate screening would mitigate some concerns and that the condition regarding landscaping should ensure additional planting along the site frontage.
After careful consideration Members agreed that the proposal was not detrimental to the street scene or neighbouring dwellings and was therefore acceptable.
4
Development Control (South) Committee 19th February 2013
DCS/110 Planning Application: DC/12/1629 (cont.)
RESOLVED
(i) That a legal agreement be entered into to secure the necessary financial contributions and any other necessary obligations.
(ii) That subject to the completion of the legal agreement in (i) above, application DC/12/1629 be determined by the Head of Planning & Environmental Services. The preliminary view of the Committee was that the application should be granted.
DCS/111 PLANNING APPLICATION: DC/12/2258 – MINOR AMENDMENTS TO DC/11/1924 (DEMOLITION OF EXISTING PROPERTY CALLUNA AND THE ERECTION OF SEVEN DWELLINGS CONSISTING OF TWO PAIRS OF SEMI DETACHED DWELLINGS, AND THREE DETACHED DWELLINGS) TO PROVIDE AN ADDITIONAL PARKING SPACE TO PLOT TWO AS WELL AS AMENDMENTS TO THE ROOF STYLE OF THE GARAGES AND FINISHING OF CONSERVATORIES SITE: CALLUNA NYETIMBER LANE WEST CHILTINGTON APPLICANT: MR S FORRESTER
The Head of Planning & Environmental Services reported that this application sought permission for an amendment to planning application DC/11/1924 relating to minor material changes. These included; the provision of additional parking space at the rear of plot 2; two low boundary walls to delineate parking areas; brick plinths which would raise the ridge heights by 0.2 metres; change to the roof shape of garages on plots 1, 2, 4 and 7; provision of a single storey extension in lieu of the approved conservatories on plots 3, 4 and 5; and an additional first floor window on the building on plot 3.
The application site was located within the built-up area as defined by the Horsham District Local Development Framework, to the western side of Nyetimber Lane, almost opposite its junction with Nyetimber Copse.
Members were referred to the previous report which contained details of relevant policies, planning history, the outcome of consultations and a planning assessment of the proposal (Minute No. DCS/185 (15/5/12) refers). An amendment to application DC/11/1924 regarding the marketing of the proposal dwellings to West Chiltington residents had also previously been agreed (Minute No. DSC/41 (21/8/12) refers).
The Parish Council raised no objection to the application. Seven letters of objection had been received.
5
Development Control (South) Committee 19th February 2013
DCS/111 Planning Application: DC/12/2258 (cont.)
It was considered that the proposed changes were relatively minor amendments that would not harm the character of the area. A condition would be included to ensure that the proposed first floor window would be glazed with obscured glass to address concerns regarding loss of privacy.
It was noted that application DC/11/1924 had been intended to meet the local need for smaller dwellings. Members were concerned that the provision of a single storey extension in lieu of the approved conservatories on three of the plots could potentially lead to future extensions.
It was agreed that the applicant should be informed in writing that any further amendments to the scheme would be contrary to the spirit and objectives of the original permission.
Members considered that the proposal was acceptable in principle and noted that details of the marketing of the dwellings to West Chiltington residents would be included in the legal agreement required for the proposal.
RESOLVED
(i) That a legal agreement be entered into to secure community and transport infrastructure contributions, and to secure the marketing and re-sale of dwellings to West Chiltington Parish residents only for a fixed period.
(ii) That subject to the completion of (i) above, application DC/12/2258 be determined by the Head of Planning & Environmental Services. The preliminary view of the Committee was that the application should be granted.
DCS/112 PLANNING APPLICATION: DC/12/2138 – INSTALLATION OF A SOLAR PV GREENHOUSE IN THE GARDEN OF THE HOUSE SITE: DENNIS MARCUS FARM GAY STREET PULBOROUGH APPLICANT: MR ROGER PATERSON (Councillor Roger Paterson declared a personal and prejudicial interest in this application as he was the applicant. He withdrew from the meeting and took no part in the determination of the application.)
The Head of Planning & Environmental Services reported that this application sought permission for the erection of a greenhouse with solar panels on the southern side of the roof. The proposal would be 3.14 metres high, 6.76 metres wide and 3.2 metres deep and constructed of red cedar.
The site was located outside the built up area boundary and included a Grade II listed house and barn. The proposal would be located within the domestic garden to the north of the house and a stable block. A hedge ran along the northern boundary, with Gay Street, which was screened by planting, to the west. A footpath ran along the northern boundary of the site.
6
Development Control (South) Committee 19th February 2013
DCS/112 Planning Application: DC/12/2138 (cont.)
The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP2 and CP3; and Local Development Framework General Development Control Policies DC1, DC2, DC8, DC9 and DC13 were relevant to the determination of this application.
There was no planning history relevant to this application.
The response from the Design and Conservation Advisor, as contained within the report, was considered by the Committee. The Parish Council raised no objection the application. No letters of representation had been received.
Members considered the design of the proposal and the extent of its impact on the setting of the listed building and wider area. It was noted that the proposal would be located beyond the formal layout surrounding the Grade II listed building.
Whilst the proposed greenhouse would be clearly visible from the footpath through the gaps in the hedge, especially during winter months, Members considered that it would be in keeping with a garden setting. The impact on the street scene on Gay Street would be limited due to the screening by planting and mature trees.
With regards to the Grade II listed building status of the site, it was noted that any works (including any cabling and other equipment) which required to be installed on the listed buildings on the site may require a separate application for listed building consent.
Members considered that the proposed greenhouse would not have a significant impact on the setting of the listed building or wider area and was therefore acceptable.
RESOLVED
That application DC/12/2138 be granted, subject to the following conditions:
01 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
02 The materials to be used in the development hereby permitted shall strictly accord with those indicated on the approved details associated with the application.
03 Prior to commencement of development, precise details of any cabling, trucking or equipment associated with the development shall be submitted to and agreed in writing by the Local Planning Authority, these shall be maintained in strict accordance with the agreed details.
7
Development Control (South) Committee 19th February 2013
DCS/112 Planning Application: DC/12/2138 (cont.)
REASON
ILBC1A: The proposal would preserve the setting of the Listed Building.
DCS/113 PLANNING APPLICATION: DC/12/2317 – REMOVAL OF CONDITIONS 4 (REMOVAL OF PERMITTED DEVELOPMENT RIGHTS), 9 (CODE LEVEL 3 SUSTAINABILITY), 13 ( NO WINDOWS OR DORMER WINDOWS) AND 14 (SUBMISSION OF DETAILS OF THE DESIGN AND MATERIALS OF WINDOWS AND DOORS) OF DC/12/1627 (ERECTION OF TERRACE OF 4 (3 X 2-BED AND 1 X 1-BED) COTTAGES) SITE: LAND EAST OF SAWYARDS MANLEYS HILL STORRINGTON APPLICANT: MS YVONNE FERGUSON
The Head of Planning & Environmental Services reported that this application sought permission for the removal of four conditions attached to application DC/12/1627 for the erection of a terrace of four cottages, which was granted under delegated authority on 6th December 2012.
The application site was located in a prominent position on Manleys Hill and within the built up area of Storrington, adjacent to Storrington Conservation Area, with a large bank directly to the south. To the west of the site there was a parking area and the Sawyards building that had previously been converted into three dwellings.
The National Planning Policy Framework 2012; Local Development Framework Core Strategy Policies CP1, CP3 and CP5; and Local Development Framework General Development Control Policies DC8, DC9, DC12 and DC40 were relevant to the determination of this application.
Relevant planning history included:
DC/07/0890 Four x 2 bed semi detached cottages with Refused integral garages (outline) DC/08/1934 Erection of three terraced cottages Refused (outline) DC/09/1112 Erection of a building comprising four x 1 Refused bed flats DC/11/0400 Erection of three x 2 bed cottages Granted
DC/12/1627 Erection of terrace of four (three x 2 bed Granted and one x 1 bed) cottages (revised Scheme)
8
Development Control (South) Committee 19th February 2013
DCS/113 Planning Application: DC/12/2317 (cont.)
The response from the Building Control Manager, as contained within the report, was considered by the Committee. The Parish Council objected to the application. Five letters of objection had been received. A representative of the Parish Council spoke in objection to the application.
Members were advised that since the preparation of the report officers had received notification that an appeal had been lodged in respect of non- determination. Therefore the Committee was not in a position to determine the application.
Members noted the location and size of the plot, its proximity to the bank and the road, and its relationship to neighbouring properties. Members considered the recommendation in the report that Condition 4 – the removal of permitted development rights – should be only partially granted so that Classes F, G, and H were retained, and that Condition 14 should be retained.
It was noted that Condition 13 could be removed as this would be addressed through Condition 4.
The proposal to remove Condition 9 regarding the requirement to achieve Code Level 3 was discussed in the context of the constrained nature of the site and it was considered that a condition regarding Sustainable Construction should be retained and pre-assessment of the current design would be required.
Members considered that the proposal was acceptable in principle.
RESOLVED
Had Members been in a position to determine the application it would have been agreed that the proposed variation of conditions was acceptable in principle, subject to the amendments recommended in the report, and subject to the completion of a legal agreement to ensure that the contributions paid under DC/12/1627 be tied to application DC/12/2317.
The meeting closed at 3.30pm having commenced at 2.00pm.
CHAIRMAN
9
DEVELOPMENT CONTROL (SOUTH) COMMITTEE 19TH MARCH 2013 REPORT BY THE HEAD OF PLANNING AND ENVIRONMENTAL SERVICES
APPEALS
1. Appeals Lodged
I have received notice from the Department of Communities and Local Government that the following appeals have been lodged:-
2. Written Representations/Householder Appeals Service
DC/12/1905 Amendment to replacement dwelling granted under DC/06/1529. The Orchard, Storrington Road, Thakeham For: Mr J Mills
DC/12/1275 Retrospective application for the erection of 6 sq.m covered storage area. 60 Acorn Avenue, Cowfold, Horsham, West Sussex, RH13 8RT. For: Mr Malcolm Etherton
DC/12/0283 Retrospective permission for temporary use of land to the west end of Rosier Business Park for loading and unloading of containers by Acorn + Waste Recycling Service for a period of three years. Land West of Unit S3A, Rosier Commercial Centre, Coneyhurst Road, Billingshurst, West Sussex. For: Mr Nick Pope
DC/12/2005 2-storey rear extension and conservatory. Oakleigh Farm, Coolham Road, Shipley, Horsham, RH13 8PF. For: Mr John Sage
DC/12/1584 First floor rear/side extension. Brambledown, Monkmead Copse, West Chiltington, Pulborough, RH20 2PD. For: Mr and Mrs J Crook
3. Appeal Decisions
I have received notice from the Department of Communities and Local Government that the following appeals have been determined:-
DC/12/1418 Single storey flat roofed side extension. Henfield House, Croft Lane, Henfield, BN5 9TT. For: Mr and Mrs M Lewis Appeal: ALLOWED (Delegated)
DC/12/0462 ' Variation of Condition 3 of DC/10/2687 (Erection of stable block consisting 5 No. stables together with construction of domestic sand school) which states 'Within 3 months of the first use of any of the
Appeals (cont.)
stables hereby permitted, the existing stable block and equipment store within the appeal site, located to the south of the dwelling at Sunwood Farm and adjacent to the public footpath, shall be demolished and all the materials arising from the demolition shall be removed from the site' to 'Within 3 months of the first use of any of the stables hereby permitted, the existing stable block and equipment store located to the south of the dwelling at Sunwood Farm and adjacent to the public footpath, shall be altered as shown on drawing no.11.611/09 to be used for the storage of equipment and machinery used in association with the established equestrian activity and land use management on the appeal site. The building thereafter shall not be used for the stabling of horses in addition to the stabling permitted on appeal'. Sunwood Farm, Adversane, Billingshurst, RH14 9JG. For: Mr and Mrs Scott Appeal: DISMISSED (Delegated)
DC/12/1463 Fell 1 x Oak Tree (T16) 61 Dell Lane, Billingshurst, RH14 9QE. For: Piers Faulkner Appeal: DISMISSED (Delegated)
DC/11/2460 Refurbishment of one existing building (Block A), redevelopment of an existing building (Block B), demolition of remaining former poultry rearing buildings and the erection of 5 new buildings all for B1 (Business) and/or B8 (Storage or Distribution) uses (Blocks C to G) with associated parking and landscaping (Outline Planning). Castle Farm Estate, The Hollow, Washington, Pulborough, RH20 3DA. For: Hargreaves Management Ltd Appeal: WITHDRAWN (Delegated)
APPENDIX A/ 1 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19th March 2013 Use of land for the stationing of three additional mobile homes for a gypsy DEVELOPMENT: family SITE: Oakdene Blackgate Lane Pulborough West Sussex WARD: Pulborough and Coldwaltham APPLICATION: DC/12/2093 APPLICANT: Mr and Mrs D Willet
REASON FOR INCLUSION ON THE AGENDA: Councillor Request – Cllr Donnelly
RECOMMENDATION: To permit the application and vary the existing legal agreement S106/1106
1. THE PURPOSE OF THIS REPORT
To consider the planning application and the variation of the legal agreement.
DESCRIPTION OF THE APPLICATION
1.1 The application seeks consent for the erection of three additional mobile homes for use by the Willet Family (a gypsy family). The mobile homes would measure 15.2m by 6.8m. The mobile homes would provide 3 bedrooms, bathroom, utility, kitchen, dining room and lounge.
1.2 The existing mobile home on site is occupied by Danny and Sally Willet as permitted under application reference PL/115/99 for use by Mr D Willet. The additional mobile homes would be occupied by Mr & Mrs Willet’s three daughters (Lisa-Marie, Sally & Charmaine) plus grandchildren. All three daughters currently live on site in the existing mobile home and ancillary caravan on site. The current accommodation arrangements are not sufficient to accommodate five adults and three children.
1.3 The mobile homes would be positioned next to each other and to the west of the existing mobile home on site. Two car parking spaces and a private amenity area would be provided for each mobile home. The applicant is also proposing additional hedgerow planting to the northern and southern boundaries in order to screen the development and has also agreed for the mobile homes to be painted a green colour so that they blend in with the surrounding area.
Contact Officer: Kathryn Sadler Tel: 01403 215175 APPENDIX A/ 1 - 2
DESCRIPTION OF THE SITE
1.4 The site is located in a countryside location to the west of Blackgate Lane. The existing structures on site are well set back from Blackgate Lane at approximately 35 metres to the west of the Lane. The main site is surrounded by 1.8m high close boarded fencing and consists of a stable block, barn, mobile home and ancillary caravan. There are open paddocks to the south and west of the main site and an ancient woodland to the far west which is within the applicant’s ownership.
1.5 There is a residential property (Penfold Grange) to the south of the site, located approximately 115 metres away and ‘Firstone’ is located to the north of the site approximately 62 metres away. ‘Firstone’ has outbuildings on the boundary with the application site which would screen the majority of the views into the site. The northern side boundary of the site consists of hedging and large mature oak trees to screen. The southern boundary of the site is fairly open, some hedgerow whips having recently been planted.
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 National planning policies are embodied in the National Planning Policy Framework which came into effect in March 2012.
2.3 Planning Policy for Traveller Sites 2012 (paragraphs 21, 23, 24 & 25)
RELEVANT COUNCIL POLICY
2.3 The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application: CP1 – Landscape and Townscape Character, CP3 – Improving the quality of new development & CP15 – Rural Strategy.
2.4 The following policies of the Local Development Framework, General Development Control Policies Document (December 2007) are relevant in the assessment of this application: DC1 – Countryside Protection & Enhancement, DC2 – Landscape Character, DC9 – Development principles, DC32 – Gypsies & Travellers, DC33 – Travelling Showpeople & DC40 – Transport & Access.
PLANNING HISTORY
2.5 PL/115/99 Retention of 1 mobile home, Permitted April 2002
DC/06/1447 Erection of 1 detached dwelling replacing existing mobile home (outline), Refused December 2006
DC/07/1733 Erection of 1 detached dwelling replacing existing mobile home (outline), Refused September 2007
DC/08/2547 Adaption of mobile home to permanent structure (LDC – Existing), Permitted January 2009
APPENDIX A/ 1 - 3
DC/09/1645 Erection of 1 x 3 bed detached dwelling replacing existing mobile home (outline), Refused February 2010.
DC/11/1231 Determination as to whether existing structure comprises operational development (LDC), Refused July 2012, Appeal Dismissed.
There is no other relevant planning history for this site.
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 The Landscape Officer commented on the original plans stating “The location of two of the mobile homes, together with car parking and associated touring caravans will have an adverse visual impact from Blackgate Lane, despite the existing hedgerow and hedgerow trees providing some degree of filtering of views. Moreover there will be an adverse landscape character impact in terms of erosion of the green gap between Oakdene and the property to the south.
In my view it would be more appropriate to locate the two mobile homes in the field immediately to the south of the previously erected mobile home, subject to still maintaining a generous gap to the existing woodland. Then they would not be visible from Blackgate lane but also 'read' as a group of dwellings in slightly more distant views from the lane and footpath to the north. This would however be subject to a commitment from the applicant to the following:
1. To gap up the existing hedgerow on the northern red line boundary of the site and provide new hedgerow tree planting on the southern red line boundary of the site 2. To paint/use materials for the homes that are more subdued than the white colour proposed
This is necessary to ensure compliance with landscape character policy.
Subject to obtaining these commitments the matters could then be dealt with by condition. In respect of planting and maintenance the existing standard L1 and L2 conditions could be used.”
3.2 Public Health & Licensing have commented that this department has no objections to the proposal in principle, but I recommend the following conditions to control the use of the site. If permission is granted the applicant must apply for a caravan site licence for the mobile homes. I can provide the applicant with information about the licence conditions if they wish.
1. A satisfactory means of foul drainage must be provided and agreed in writing with the Planning Authority before installation. The new drainage provision may need permission from the Environment Agency for any discharge.
2. The mobile homes must be provided with a wholesome water supply before anyone moves in.
3. Hours of work for installation of mobile homes and curtilage to be restricted to 8:00 - 18:00h Monday to Friday, 8:00 -13:00h on Saturdays; no working on Sundays or public holidays.
4. No deliveries to the site to be received or dispatched outside the above hours.
APPENDIX A/ 1 - 4
5. No burning of waste or waste materials on site at any time.
3.3 Strategic & Community Planning has commented that “This application should be considered against policies in the Local Development Framework, in particular the Core Strategy (2007), and the General Development Control Policies (2007) DPD. Policy DC32, Gypsies and Travellers is the most relevant policy and sets out the criteria against which to consider applications for Gypsy and Traveller sites. Other policies, particularly those relating to landscape character and design, are also relevant.
The application also needs to be considered against national policy; the National Planning Policy Framework and the Planning policy for traveller sites. Emerging local policy can be considered a material consideration in determining the application. The Council has recently consulted (July – August 2012) on a Gypsy, Traveller and Travelling Showpeople Sites Preferred Options document. The site subject of this application is referred to in the consultation and identified as a potentially suitable site but only for a single mobile home with no restrictions; in other words the existing mobile home should be permitted for general gypsy and traveller use and have its personal restriction removed to allow for continued future occupation. (You should note that I was unable to locate the decision notice on the file (PL/115/99) and I note that the application was also subject of a Section 106 agreement). The Preferred Options consultation document is available on the website at http://www.horsham.gov.uk/environment/planning_policy/14102.aspx It is in the early stages of the development plan process, therefore, the weight attached to the document is considered limited.
For you information the ‘Introduction’ of the document clearly sets out the policy history which is relevant to consideration of this application and as such I do not intend to repeat that here but you may wish to refer to it in your report. The background document Horsham District Gypsy, Traveller and Travelling Showpeople Site Study, Final Report, October 2011 by Baker Associates, which forms part of the evidence base for the consultation document, is also available on the web site by following the link above. This site is identified as a potentially suitable site for one permanent unfettered pitch; however, any further expansion, such as that proposed, ‘should be resisted due to unacceptable impact on the landscape’. See Appendix 4: Shortlisted Sites. Again you may wish to include relevant extracts in your report.
At this point it seems appropriate to make you aware that the team from Baker Associates did have a landscape architect on board; nevertheless, you may wish to seek further guidance from our own Landscape Architect regarding the impact. Another piece of evidence, background work was the stakeholder consultation in September 2009, the results which were published supported a preference for small family run sites.
Your attention is also drawn to the relatively recent appeal decision to allow 11 pitches at Kingfisher Farm, West Chiltington Lane, Itchingfield (DC/10/1041). This application, then, is for three additional mobile homes for a gypsy family. The extension to the single mobile site at Oakdene would result in four mobile homes on what appears to be paddock land. You may wish to establish whether the families require space for touring vans, and for work vehicles, as would usually be associated with a gypsy and traveller ‘pitch’.
You will be aware having read all of the above mentioned documents that the Council has to date not met the local need for pitches identified in the 2007 West Sussex Gypsy & Traveller Accommodation Needs Assessment. Although the new guidance allows local planning authorities to re-assess the local needs and set its own targets through a local plan, we have to be mindful that similar to other authorities, we have not to date formally addressed this issue; having said that the updated needs survey work is nearing completion which will allow us to set a target through the Horsham District Planning Framework and policy development is underway. The new national guidance Planning APPENDIX A/ 1 - 5
policy for traveller sites gives local authorities a year (ending in March 2013) to show a five year supply of traveller sites and encourages a plan led approach. After March 2013 the lack of a 5 year supply will be a significant material consideration in applications for temporary permission (paragraph 25), and even though we have been out to consultation on a Sites document, it has been noted that it is still early days in the plan making process.
In the meantime and into the future, Policy H, Determining planning applications for traveller sites, of the Planning policy for traveller sites, paragraph 20 requires that planning applications are determined in accordance with the development plan, unless material considerations indicate otherwise. This takes us to our adopted criteria based policy, Policy DC 32. Firstly, then, we do have a need. The Inspector in the decision on Kingfisher Farm was clear that there is a District wide need and that there was no justification to consider this need across “other more discrete geographical areas”. Moreover this need can not currently be met at any suitable existing sites within or outside existing settlements. As such and following on from this, the policy requires that the proposal is assessed in light of the other three criteria set out in the policy. These require the site to be reasonably located for schools, shops and other local and community facilities; have a suitable means of access and that the highway network is adequate to serve the a site, and that adequate parking and turning are proposed. You need to be satisfied in all three respects. I will only comment here on the first criterion.
The Council took the view back in 2010 in relation to the Greenfield Farm site, Valewood Lane (DC/10/0721), that, although the main mode of transport would be vehicular, the site could be justified as sustainable in the wider sense. It was acknowledged at the time that this would set the tone for consideration of sites in the future under this policy. You are referred to the committee report. Similarly, the Inspector when considering the Kingfisher Farm appeal reached the same conclusion in respect of sustainability (see paragraph 30). You will need to consider whether in this case the sites proximity to Pulborough (Category 1 settlement) and Codmore Hill (Category 2 settlement) represents a similar relationship allowing for access to schools and services and community.
In terms of size of the site, this would accord with the findings of the Council’s Stakeholder Consultation 2009 which supported sites between 4 and 12 pitches; and is well below the figure of 15 suggested as an ideal maximum for a site referred to in the Good Practice Guide on Designing Gypsy and Traveller Sites (DCLG, 2008).
Conclusion
Overall, then, from a strategic perspective, ideally all sites would come forward through a plan led approach, and would accord with current adopted development plan policy and recent government guidance. Although new policies, including site allocations are emerging, the Council is currently reliant on Policy DC32 as the most up-to-date development plan policy. In addition, you are required to look at the proposal in light of all relevant NPPF policies, and the policies in the Planning policy for traveller sites document. In this case then the key issues from a strategic perspective are the impact on the landscape and the sustainability of the development. You should seek further expert advice on the first issue. The second requires you to make a judgement from your knowledge of the site, the proximity to schools and other services and the local community. The outcomes of these findings will then need to be balanced alongside considerations of need.
OUTSIDE AGENCIES
3.4 WSCC Highway Authority have stated “As stated in the previous response in 2009, from an inspection of the plans alone, it is unclear how much visibility is available from the existing access point, and there is a potential increase in vehicle movements associated with this dwelling. Whilst we appreciate that the applicant has submitted pictures showing visibility APPENDIX A/ 1 - 6
available from the existing access WSCC would still require a plan showing the maximum achievable visibility from the access point, and these visibility splays should be drawn in both directions and be contained completely within land under the applicants control (or land maintained by the highway authority) and be free of obstructions over 600mm.”
3.5 West Sussex Highway Authority has commented on the amended plans stating “No concerns would be raised to the amended locations of the mobile homes. The access onto Blackgate does not appear to be affected.”
3.6 The Environment Agency has no comments to make.
PUBLIC CONSULTATIONS
3.7 Pulborough Parish Council has objected to the proposal on the grounds that: There is an existing S106 Agreement, entered into by the applicant in 2002, including the covenant not to site more than 1 mobile home on the land. Members noted that the applicant appears to be in breach of the existing S106 Agreement by having already sited a second caravan together with the erection of other outbuildings. 3.8 No other representations have been received to public notification on the application at the time of writing this report. Any further representations received will be reported verbally at the committee meeting.
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol (Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder.
6. PLANNING ASSESSMENTS
6.1 The main issues in determination of this application are considered to be the principle of the development, the need for gypsy and traveller accommodation, the effect of the development on the amenity of nearby occupiers and the visual amenities and character of the area.
6.2 The site has planning permission for one mobile home which was permitted under application PL/115/99 for use by Mr D Willet. A S106 was also entered into by the applicant agreeing “Not to site or cause or permit the siting on the Red Land of more than one mobile home.”
6.3 The Willett family comprises father and mother Danny and Sally Willett and their three daughters, Lisa-Marie, Sally and Charmaine. All three daughters have been raised at Oakdene and went to school locally.
Daughter Lisa-Marie is separated from her husband and has two boys aged 2 years and 8 months and as a result of her separation lives in the ancillary single unit caravan at the rear of the mobile home.
APPENDIX A/ 1 - 7
Daughter Sally is also separated from her husband and has a six year old boy who attends the local school. She currently lives in the mobile home with her parents.
Daughter Charmaine is sixteen years old and is of marriageable age for gypsys and in the next few years will set up her own household with her future partner.
The applicant has stated that Oakdene does not provide sufficient accommodation for five adults and three children with its 2 bedroom mobile home, hence the stop gap of the ancillary caravan. The family requires housing commensurate to their needs and if mobile homes can not be provided on this site then the alternatives are 1) to relocate to a local authority site (waiting list), 2) illegally occupy other sites or 3) wait and see if any new gypsy sites come forward.
6.4 Policy DC32 of the General Development Control Policies 2007 states that:
“Proposals for sites for caravans for Gypsies and Travellers will be granted planning permission provided that:
a) the Council is satisfied that a need for site provision exists locally and is clearly demonstrated and that the proposal represents an adequate way of meeting the established need; b) the identified local need cannot be met at any alternative suitable existing sites within or outside existing settlements.
If the need cannot be met at any alternative suitable sites as set out above, the following criteria will apply:
1) the site must be reasonably located for schools, shops and other local services and community facilities; 2) a satisfactory means of access can be provided and the existing highway network is adequate to serve the site; and 3) the proposed site accommodates adequate space for parking and turning of vehicles and provides easy access for service and emergency vehicles.”
6.5 The main aim of the National Planning Policy Framework is to achieve sustainable development. The document sets out three dimensions to sustainable development: economic, social and environmental. It seeks to create a high quality built environment with accessible local services that reflect the community’s needs and support its health, social and cultural well being and contributes to protecting and enhancing our natural, built and historic environment. The document makes a presumption in favour of sustainable development which should be seen as a golden thread running through both plan making and decision taking.
6.6 The West Sussex Gypsy and Traveller Accommodation Needs Assessment (GTAA) 2007 established a requirement for 39 pitches (a pitch consists of space for a mobile home, a touring van, an amenity building, and parking) in the District between 2006 and 2011. The GTAA was to feed into policies made at regional level to set District targets and then policies would be made at local level to follow targets and identify sites. A report in 2011 by Baker Associates was published but this has been superseded by the report published in January 2013 by WS Planning.
6.7 An up-dated needs survey has been undertaken by WS Planning and was published in January 2013. It has shown that 75 pitches were provided at December 2012 within the District. On the basis of current need, it is predicted that over the next 5 years (between 2012 and 2017), there is a need for a further 39 pitches to be provided to meet existing and future needs, up to 2017. How and where these pitches are to be provided is currently APPENDIX A/ 1 - 8
being evaluated and progressed through the development of the proposed planning framework for the District. In the following five year period, between 2017 and 2022, it has been estimated that a further 18 pitches will be required and then an additional 21 pitches between 2022 and 2027. In total, therefore, an additional 78 pitches will be needed over the full 15 year period, thereby increasing current provision from 75 up to a total of 153 pitches within the Horsham District as a whole
6.8 In addition, the Council will need to identify one additional pitch by 2027 to meet the needs of travelling showpeople. It will also need to seek to clarify the specific needs and a potential location for a facility for new age travellers, following consultation with the group. The overall conclusion is that at December 2012, there was a significant existing shortfall in pitch provision, amounting to some 39 pitches to meet current and future need up to 2017. Over the following 10 year period between 2017 and 2027, further provision will need to be made in order to help ensure that identified needs are met. While this situation is being addressed through the development of the planning framework, this situation also needs to be carefully addressed when making decisions in the meantime.
6.9 In the most recent gypsy appeal decision at Kingfisher Farm (December 2011), the Inspector concluded that “The harm to the character of the area would not be great. On the other hand, the general need for sites in Horsham is significant and this is unlikely to be addressed in the near future. There is currently a lack of available alternatives and because progress in making planned provision for sites has been slow this is likely to remain the case for some time to come. Taken together these factors and the benefits arising from meeting a proportion of the unmet need for gypsy sites at Kingfisher farm outweigh the harm that would arise.”
6.10 With regard to landscape impact of the proposal, the original plans submitted showed the caravans situated sporadically across the whole site which would have had a harmful landscape impact. However, the applicant amended his plans in order to accord with the comments of the Landscape Officer. The mobile homes have been re-sited so that they form a cluster together with the existing mobile home on site. The applicant has also agreed to plant additional native tree and hedge planting along the northern and southern boundaries in order to help screen the mobile homes. The Landscape Officer therefore has no objection to the proposal, subject to conditions.
6.11 With regard to the impact on neighbouring occupiers amenities, there are two residential properties within fairly close proximity. However, ‘Penfold Grange’ to the south of the site, is approximately 115 metres away which is a substantial distance which would prevent any adverse impact on the amenities of the occupiers. The applicant is also willing to supplement the existing whips that he has planted on the southern boundary in order to screen the development. ‘Firstone’ is located to the north of the site approximately 62m away and is separated from the site by their own existing outbuildings on the boundary with the application site which would screen the majority of the views into the site. Again, the applicant has agreed to plant additional hedgerow and tree planting along the northern boundary in order to mitigate against the visual impact of the proposal. It is noted that neither of these neighbouring occupiers have objected to the proposal.
6.12 It is acknowledged that the applicant’s daughters are already residing on site and therefore there would be no increase in activity on the site as resident numbers would remain the same. The Highway Authority has raised no objections to the scheme and therefore a refusal on highway grounds could not be justified.
6.13 Pulborough Parish Council has objected to the proposal as there is an existing S106 Agreement which the applicant entered into in 2002, including the covenant not to site more than 1 mobile home on the land and the applicant seems to have sited a second caravan on site along with outbuildings. This is acknowledged by Officers. However, if APPENDIX A/ 1 - 9
Members consider the application acceptable, then the S106 legal agreement would have to be varied by the applicant to restrict the mobile homes on site to four in total and would be restricted to named occupiers, in order to ensure the site is retained for the Willet family. With regard to the outbuildings (stables & barn) on site, these buildings appear to have been on site for over 10 years and therefore would be exempt from Enforcement Action.
6.14 It is clear that a need for site provision exists locally and this is demonstrated through the submission of this application. The proposal represents an adequate way of meeting an established need. Officers consider that the identified local need cannot currently be met at any alternative suitable existing sites within or outside existing settlements. Oakdene is located 600 metres from the built up area of Codmore Hill / Pulborough and 1200 metres from the nearest supermarket and services. Therefore, it is considered that the site is reasonably located for schools, shops and other local services and community facilities in accordance with the requirements of Policy DC32.
6.15 In conclusion it is considered that there is an unfulfilled need for gypsy pitches in the District and given that the Landscape Officer has not raised an objection on landscape character grounds and the Highway Authority has raised no objections on highway safety grounds, it is considered that the provision of three additional gypsy pitches on an established site for the Willet family would go some way in helping to meet the need for 39 additional pitches within the district.
7. RECOMMENDATIONS
7.1 It is recommended that the application be granted, subject to the variation of the existing legal agreement, to restrict the number of mobile homes on site and to tie them to the Willett family and the following 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 of the Town and Country Planning Act 1990.
2) The mobile homes shall only be occupied by Lisa-Marie, Sally & Charmaine Willet and their dependants only. Reason: To enable the Local Planning Authority to control the use of the site and in accordance with Policy DC32 of the Horsham District Local Development Framework: General Development Control Policies 2007.
3) This permission does not authorise use of the land as a caravan site by any persons other than Gypsies and Travellers, as defined in Annex 1 of Planning Policy for Traveller Sites (Department for Communities and Local Government 2012). Reason: To enable the Local Planning Authority to control the use of the site and in accordance with Policy DC32 of the Horsham District Local Development Framework: General Development Control Policies 2007.
4) When the land ceases to be occupied by the Willet Family, the use hereby permitted shall cease and any mobile homes, caravans, vehicles, trailers, structures, materials and equipment (including all areas of hardstanding and sanitary equipment) brought onto the land in connection with the use, save as otherwise permitted, shall be permanently removed. Within two months of that time, the land shall be restored to pasture land. APPENDIX A/ 1 - 10
Reason: Permission would not normally be granted for such development in this location under Policy DC1 of the Horsham District Local Development Framework: General Development Control Policies 2007.
5) There shall be no more than 4 pitches on the site (including the mobile home permitted under PL/115/99) with no more than one caravan (as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968) stationed on each pitch at any time. Reason: To avoid an overcrowded appearance and to secure satisfactory standards of space and amenity in accordance with Policy DC1 of the Horsham District Local Development Framework: General Development Control Policies 2007.
6) No industrial, commercial or business activity shall be carried on from the site, including the storage of materials. Reason: In the interests of amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies 2007.
7) No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site. Reason: In the interests of amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies 2007.
8) Details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The works shall be carried out in accordance with the approved details. Reason: In the interests of amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies 2007.
9) No development shall take place until details of storage provision for refuse and recycling have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the occupation of the pitches. Reason: To ensure the adequate provision of refuse and recycling facilities in accordance with Policy CP2 of the Horsham District Local Development Framework: Core Strategy 2007.
10) No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed mobile homes have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
11) No development shall take place until details of screen walls, gates and/or fences have been submitted to and approved in writing by the Local Planning Authority and no mobile home shall be occupied until such screen walls, gates and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details. APPENDIX A/ 1 - 11
Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
12) No works or development shall take place until full details of all hard and soft landscaping works have been approved in writing by the Local Planning Authority. All such works shall be carried out in accordance with the approved details. Any plants which within a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure a satisfactory development and in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
8. REASONS FOR RECOMMENDATIONS
ICTN1 The proposal would not be obtrusive in the landscape or harmful to the visual quality of the area.
Background Papers: DC/12/2093
Contact Officer: Kathryn Sadler
APPENDIX A/ 2 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19th March 2013 Convert and extend the property to a mixed use of residential space on DEVELOPMENT: the ground and first floor with a cafe also located on the ground floor (Full Planning) SITE: The Bridge Inn High Street Upper Beeding Steyning WARD: Bramber, Upper Beeding and Woodmancote APPLICATION: DC/12/1619 & DC/12/1645 APPLICANT: Ms Sharon King
REASON FOR INCLUSION ON THE AGENDA: Five letters of objection
RECOMMENDATION: To Grant Planning Permission & Listed Building Consent
1. THE PURPOSE OF THIS REPORT
To consider the planning and listed building consent application.
DESCRIPTION OF THE APPLICATION
1.1 The application proposes to convert and extend the property to a mixed use of residential on part of the ground floor and the whole of the first floor with a change of use from a pub to cafe on the ground floor. The pub used to cover the whole ground floor area, the application proposes to reduce this commercial floor space to approximately 50% to be used for a café.
1.2 The works also involve the restoration, conversion and extension of the property and involves adjusting the layout to create a family home and a cafe/business premises. Outbuildings would be demolished, an extension with a terrace would be erected, external cladding and signage/embellishments would be removed, the original rendered finish and main double door would be re-instated and a new doorway in the western elevation to serve the café business would be created.
DESCRIPTION OF THE SITE
1.3 The Bridge Inn is located within the built up area of Upper Beeding and is a Grade II Listed Building within Upper Beeding Conservation Area. The site is also within Flood Zone 3 of the Environment Agency’s flood risk areas. The Bridge Inn is located within the centre of Upper Beeding adjacent to the river. A public footpath runs along the property’s western boundary between the site and the river. The building has been used as a public house
Contact Officer: Kathryn Sadler Tel: 01403 215175 APPENDIX A/ 2 - 2
with residential accommodation above, up until October 2009 when the pub ceased trading. There is a large garden to the rear of the building which had been used as the pub garden.
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.1 National Planning Policy Framework
RELEVANT COUNCIL POLICY
2.3 The following policies of the Local Development Framework, General Development Control Polices Document (December 2007) are relevant in the assessment of this application: DC9 – Development Principles, DC12 – Conservation Areas, DC13 – Listed Buildings, DC19 – Employment Site / Land Protection.
2.4 The following policies of the Local Development Framework Core Strategy (adopted February 2007) are relevant in the assessment of this application: CP1 – Landscape and Townscape Character, CP5 – Built Up Areas and Previously Developed Land & CP14 – Protection and Enhancement of Community Facilities and Services.
PLANNING HISTORY
2.5 DC/11/2099 To restore, convert and extend property and adjust layout to create family home and cafe/business premises and alterations and extensions (Planning), Withdrawn
DC/11/2101 To restore, convert and extend property and adjust layout to create family home and cafe/business premises and alterations and extensions (Listed Building Consent), Withdrawn
2.6 There is no other relevant planning history for the site.
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 The Access Forum has stated having visited the site, the following areas were discussed with the applicant:
1) Improvements of side path (cutting back vegetation and improving the width/quality of the surface to make it easier for wheelchair users, people with mobility issues, and people with buggies/pushchairs). 2) Ensuring level access via the principal entrance at the side of the venue. 3) Parking was discussed, but due to the small parking space availability, there is not really space for customer parking 4)Discussion around ensuring level access onto the decking at the back for the sun terrace (next to the river) APPENDIX A/ 2 - 3
5) The accessible toilet to be a Part M compliant toilet, as there is enough room to open the door inwards and still have an accessible toilet. Care is needed to ensure that any baby changing facilities do not impede access for wheelchair users onto the toilet.
3.2 The Design & Conservation Officer has no objection to the scheme subject to the imposition of conditions.
3.3 The Council’s Development Surveyor has stated “The information from Fleurets appears to go some way in making your decision easier. Extensive marketing has been undertaken by the company. The sale took place to a non pub operator as the business was obviously not viable for its existing use. Also from speaking with the former pub operators Hall and Hargreaves, the reason they sold was for the fact that the pub was uneconomical in its present form. I suggest on balance that the current application is not too dissimilar from the previous operation (Residential /mixed use).
3.4 Public Health & Licensing has no objection to the proposal subject to appropriate conditions.
OUTSIDE AGENCIES
3.5 The Environment Agency has no objections to the proposal.
3.6 The Highway Authority has stated that they have no objections.
PUBLIC CONSULTATIONS
3.7 Upper Beeding Parish Council see no reason to recommend refusal.
3.8 6 letters of objection have been received on the grounds of:
If a public house fails in this location, surely a café will too; Rear access to the property is difficult; Concern regarding the erection of security lighting & CCTV; The extension and terrace will reduce the sunlight reaching 2 Adur Villas; The property is sited in a flood plain; The proposal is contrary to policy; Concerns over the ownership of the boundary fence & vehicular access; The height and design of the veranda are unacceptable in terms of visual impact; The terrace should not be used by customers; Parking could be a problem; Removing the outbuildings will detract from the character of the area;
3.9 No other representations have been received to public notification on the application at the time of writing this report. Any further comments received will be reported verbally at the committee meeting.
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol (Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
5.1 It is not considered that the development would be likely to have any significant impact on crime and disorder. APPENDIX A/ 2 - 4
6. PLANNING ASSESSMENTS
6.1 The main issues in determination of this application are considered to be the principle of the development, the effect of the development on the listed building, amenity of nearby occupiers and the visual amenities and character of the conservation area.
6.2 The proposal has to be assessed against Policy CP14 of the Core Strategy 2007 which states:
Development proposals that would result in the loss of sites and premises currently or last used for the provision of community facilities or services, leisure or cultural activities for the community will be resisted.
For other circumstances, as a minimum it will be necessary to demonstrate that continued use as a community facility or service is no longer feasible having regard to appropriate marketing, the demand for the use of the site or premises, its usability, and the identification of a potential future occupier. Where it cannot be shown by these or other means that the community facility or service is surplus to requirements, such a loss may be considered acceptable provided that:
a) an alternative facility or equivalent or better quality and scale to meet community needs is available, or will be provided at an equally accessible location within the vicinity; or b) a significant enhancement to the nature and quality of an existing facility will result from the redevelopment for alternative uses of an appropriate proportion of the site.
6.3 The building currently has permission to be used as a public house to the ground floor and residential use to the first floor level. This application seeks to reduce the size of the commercial floorspace on the ground floor to approximately half of the current commercial floor area in order to provide a riverside cafe. The café would provide seating for 20 people and an additional 60 in the garden to the rear of the property. The cafe would serve tea, coffee, light bites, continental breakfasts, sandwiches, soups, salads and cakes.
6.4 The applicant has stated that the current commercial footprint is no longer viable. The day to day running and ongoing maintenance costs of the building in this layout are financially unsustainable. There is limited foot tread past the building, limited public transport in the area and there are no parking facilities at the pub which all restrict the viability of the public house.
6.5 The premises have been marketed by ‘Fleurets’ since September 2009 for £395,000 + VAT with tenants still in residence. The pub ceased trading on 6th October 2009. 7,802 people viewed the property’s sale information on Fleurets website and 433 of them requested further details. The property was also advertised in a public house trade publication and a sales board was placed onto the building. As a result of the marketing, 17 formal viewings took place and the property was sold in February 2010 for £270,000 + VAT.
6.6 The applicant has also provided evidence of poor trading figures, Tenanted House Barrelage/Volume Reports from July 2007 – July 2009 (Hall & Woodhouse), the till roll from 23rd September 2009 – 6th October 2009, estimated income and estimated costings. From the information provided, the LPA is satisfied that the premises have been marketed at a reasonable price for a reasonable amount of time to attract a bauyer that would want to run the premises as a public house.
APPENDIX A/ 2 - 5
6.7 The size of the proposed commercial element would be reduced by 47 per cent allowing for a clear separation of residential and commercial uses within the premises. A new door to serve as the new commercial entrance to the west elevation is proposed, and accessible level toilet provision has been included to meet requirements. Although the commercial floorspace would be reduced in size, the applicant is still looking to retain half the floor area for a commercial café which would meet the requirements of the policy.
6.8 There is another pub in Upper Beeding (The Rising Sun) and one in Bramber (The Castle Inn) and there is a restaurant / hotel (The Old Tolgate) within the village along with a couple of takeaway establishments and the village shop. Therefore, it is considered that there are alternative facilities which meet community needs. However, the commercial use is intended to be continued albeit as a café so the proposal will not result in the loss of the commercial use. It is considered that the use will bring an enhancement to the nature and quality of the existing facility through the redevelopment of the site.
6.9 The outbuildings to the rear are to be demolished and replaced by a single storey building with terrace on top. The replacement structure proposed is a simple modern approach which is visually more sympathetic to the existing simple elegance of the existing building and its detailing. Being single storey in height its mass and scale is subservient to the host building and as such is considered supportable. However, the design of some aspects of the joinery are considered inappropriate and as such a condition to control the joinery details is attached.
6.10 The property is a Grade II Listed Building which is sited within a Conservation Area. The alterations would be assessed under Policy DC12, and DC13 of the Local Development Framework (GDCP 2007) which looks to protecting the special character and appearance of the building and its setting. The proposed development has been subject to much discussion and as such the final design has been significantly altered in line with the Conservation Officer’s comments. The details that are missing from the scheme can be controlled via condition.
6.11 The environment agency and the parish council have raised no objection to the proposal. The concerns expressed by the residents are acknowledged and the concerns of overlooking have been addressed by the imposition of the privacy screen on the terrace. No highway safety concerns were raised as it is considered that the commercial element of the business function would reduce the need for deliveries to that of the existing public house use and the provision of parking available in the area lends itself to providing an adequate level of public car parking.
6.12 The Public Health & Licensing Department has no objection to the proposal subject to the imposition of conditions. Therefore the proposal is considered to accord with policies CP13, DC9, DC12 and DC13 of the General Development Control Document 2007 and the Core Strategy 2007.
7. RECOMMENDATIONS
7.1 It is recommended that planning permission and listed building consent be granted subject to the following conditions:
DC/12/1645 – Grant Listed Building Consent
01 LB1 Listed Building 3 Year Time Limit
02 LB4 Protection from damage
APPENDIX A/ 2 - 6
03 LB5 Remedial works
04 LB7 Re-use of original materials
05 LB13 Making good
06 LB14 Matching Materials
07 Site Specific -Full Joinery Details - Before works commence, details of all new and replacement joinery, including windows and doors, and bargeboards eaves and soffits shall be submitted to the Local Planning Authority at a scale of 1:10 elevations with full size (1:1) sections through, showing relationship to the existing structure and approved in writing by the Local Planning Authority and only those approved details employed within the development and thereafter retained. Any existing historic glass should be retained and reused in position(s) to be agreed in writing by the Local Planning Authority Reason: To preserve the special character of the building for the future in accordance with policy DC13 of the Horsham District Local Development Framework: General Development Control Policies (2007). 08 Before commencement of the alterations hereby approved, details of all new joinery, including windows, doors, conservatory and partitions, at a scale of 1:10 elevations with full size sections through cills, frames and opening lights, including glazing bars and mullions and showing the relationship to the proposed timber- framed structure and/or extension shall be submitted to and approved in writing by the local planning authority and only those approved details shall be employed within the development and thereafter retained.
Reason: To preserve the special character of the listed building in accordance with policy DC13 of the Horsham District Local Development Framework: General Development Control Policies (2007). 09 No works shall be carried out until the following details have been submitted to and approved in writing by the local planning authority and the works thereafter shall be carried out in accordance with the approved details:
1:20 scale plan sections of all proposed underpinning, foundations, floor supporting structures, and internal partitions, including details of their relationship to historic structure, and junctions with historic fabric; Details of the flexible joint to be provided between the proposed new structure and the existing listed building; Details of materials and finishes required within the historic element of the building in order to achieve Part B compliance.
Reason: To preserve the special character of the listed building in accordance with policy DC13 of the Horsham District Local Development Framework: General Development Control Policies (2007).
10 Before any demolition commences as hereby approved, details of measures to be taken to safeguard those parts of the building shown to be retained on the approved plans shall be submitted to and approved in writing by the local planning authority. The approved measures shall thereafter be fully implemented and retained for the period of any demolition or construction works. APPENDIX A/ 2 - 7
Reason: To preserve the special character of the listed building in accordance with policy DC13 of the Horsham District Local Development Framework: General Development Control Policies (2007).
INF15
DC/12/1641 – Grant Full Planning Permission
01 A2 Full Planning
02 M1 Approval of Materials
03 M5 Timber and Wall Treatment
04 The existing outbuilding on the application site at the date of this permission shall be demolished, the debris removed from the site before any other works for the implementation of the development hereby permitted commence.
Reason: In the interests of the amenities of the locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
05 No works shall take place until details of the method of fire protection of the walls, floors, ceilings and doors, including 1:5 scale sections through walls and ceilings, 1:20 scale elevations of doors and 1:1 scale moulding sections, have been submitted to and approved in writing by the Local Planning Authority. All existing original doors shall be retained and where they are required to be upgraded to meet fire regulations details of upgrading works shall be submitted to and approved in writing by the Local Planning Authority. Self-closing mechanisms, if required, shall be of the concealed mortice type. The works shall be carried out in accordance with the approved details.
Reason: As insufficient information has been submitted, to ensure the satisfactory preservation of this listed building and to comply with policy HE1 of the Brighton & Hove Local Plan.
06 Hours of construction activities (including deliveries and dispatch) should be limited to 08.00 – 18.00 Monday until Friday, 09.00 – 13.00 Saturdays and no activity on Sundays or Bank Holidays
Reason: To safeguard the amenities of neighbouring properties in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
07 The premises shall be used only for purposes within Use Class (A3 & C3) as defined in the schedule to the Town and Country Planning (Use Classes) Order 1987.
Reason: To enable the Local Planning Authority to control the use of the site and because other uses would be contrary to policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
08 J8 Hours of Opening “0800 hours – 2300 hours Monday – Saturday inclusive and 0830 – 2200 hours Sundays and bank holidays only”.
APPENDIX A/ 2 - 8
09 O2 Burning of Materials
10 Details of the specific mechanical plant to be installed including performance and noise data shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the café use. Reason – In the interests of amenity and in accordance with Policy DC9 of the General Development Control Policies 2007.
11 The preparation of hot food shall be limited to the reheating of already cooked food or ready to eat foods in the premises oven range or microwave only. Reason – The current extraction system would be ineffective to control odour should the business diversify its food handling activities in accordance with Policy DC9 of the General Development Control Policies 2007.
12 The first floor residential accommodation shall be occupied ancillary to the ground floor commercial use. Reason – In order to prevent noise and vibration from the operation of the business impacting on the residential use above in accordance with Policy DC9 of the General Development Control Policies 2007.
13 Deliveries, loading and unloading shall be restricted to 08:00 hours and 18:00 hours Mondays to Fridays inclusive and from 08:30 to 16:30 on Saturdays and no deliveries, loading or unloading shall be undertaken on Sundays or public holidays. Reason – V2 reason
14 Prior to the café use commencing on site, details of the proposals for refuse and recycling facilities shall be submitted to and approved in writing by the Local Planning Authority. All work which forms part of the approved scheme shall be completed prior to the café use commencing and thereafter retained. Reason – To ensure appropriate provision is made for refuse storage at all times in accordance with Policy DC9 of the General Development Control Policies 2007.
15 L1 Hard & Soft Landscaping
NOTE TO APPLICANT:
Suitable assessments should be made to identify any asbestos contained within the building and controls put in place to ensure safe removal and disposal. A licensed waste removal contractor should remove all clearance debris and construction waste from site.
INF15
8. REASONS FOR RECOMMENDATIONS
8.1 DC/12/1619 – Planning Application
ICAB3 The proposal does not have an adverse impact upon the character and appearance of the street scene or locality.
INF15 - Application Approved Following Revisions
DC/12/1645- Listed Building Application
ILBC1A The proposal would preserve the setting of the Listed Building.
APPENDIX A/ 2 - 9
Background Papers: DC/12/1619 & DC/12/1645 DC/11/2099 & DC/11/2101
APPENDIX A/ 3 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19th March 2013 DEVELOPMENT: Two storey front extension SITE: 7 Coombe Drove Bramber Steyning West Sussex WARD: Bramber, Upper Beeding and Woodmancote APPLICATION: DC/13/0017 APPLICANT: Mrs P Robson
REASON FOR INCLUSION ON THE AGENDA: At the written request of Cllr Jim Goddard & Cllr David Coldwell
RECOMMENDATION: To REFUSE planning permission
1. THE PURPOSE OF THIS REPORT
To consider the planning application.
DESCRIPTION OF THE APPLICATION
1.1 This application seeks full planning permission for a two storey front extension to provide additional ground floor living space and an additional first floor bedroom. The extension will project forward 2.0 metres from the front elevation of the existing dwelling with a height of 6.8 metres mirroring the ridge height of the existing dwelling. The proposed ground floor area measures 13.8 square metres and the first floor area will measure 14.7 square metres totalling 28.5 square metres. New windows will be installed on the ground and first floor with the addition of two new velux windows installed on the south-east and north-west roof pitch.
DESCRIPTION OF THE SITE
1.2 7 Coombe Drove is located within the built up area of Steyning. The site consists of an existing two bedroom chalet bungalow, 10.4 metres (length) x 6.9 metres (width) with a flat roofed dormer to the north-east elevation. The site is set along a row of chalet bungalows at a corner plot in a prominent location within Coombe Drove street scene. The chalets are in a staggered position and uniform in appearance with very distinct pitched roofs. The site has a small front, rear and side garden area. The boundaries of the site are defined with a 1.0 metre high fence with mature hedging along the north and west of the site. The surrounding area is characterised by dwellings of varying designs.
Contact Officer: Gerard Kellett Tel: 01403 215633 APPENDIX A/ 3 - 2
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 Relevant government policy is contained within the National Planning Policy Framework.
RELEVANT COUNCIL POLICY
2.3 Local Development Framework Core Strategy Policies CP3 (Improving the Quality of New Development) is considered relevant to the application.
2.4 Local Development Framework (General Development Control Policy 2007) DC9 is considered relevant to the application.
PLANNING HISTORY
2.5 No recent planning history
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 No comments received
OUTSIDE AGENCIES
3.2 No comments received
PUBLIC CONSULTATIONS
3.3 Bramber Parish Council has expressed no objection to the proposed development.
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
4.1 Article 8 (right to respect of a private and family life) and Article 1 of The First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of human rights is an integral part of the planning assessment set out below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
5.1 It is not considered that the proposed development would have any material impact on safety and security issues.
APPENDIX A/ 3 - 3
6. PLANNING ASSESSMENTS
6.1 The main issues are the principle of the development in the location and the effect of the development on:
- The character of the existing dwelling and the visual amenities of the area - The amenities of the occupiers of adjoining properties
6.2 The two storey front extension would be located on the western elevation of the existing dwelling. The extension would project outwards from the principal elevation by 2.0 metres with a maximum ridge height of 6.8 metres mirroring the height of the existing dwelling. The roof of the proposed extension would have a gable identical to the existing roof but at right angles to the existing ridge height of the dwelling.
6.3 Policy DC9 of the Horsham District Local Development Framework (General Development Control Policies 2007) states planning permission will be granted for developments which:
b) do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development;
c) ensure that the scale, massing and appearance of the development is of a high standard of design and layout and where relevant relates sympathetically with the built surroundings, open spaces and routes within and adjoining the site, including any impact on the skyline and important views;
d) are locally distinctive in character, respect the character of the surrounding area (including its overall setting, townscape features, views and green corridors) and, where available and applicable, take account of the recommendations/policies of the relevant Design Statements and Character Assessments;
6.4 There are no other examples of this style of extension among the row of chalet bungalows or in the surrounding area. It is considered the overall mass of the roof area would not relate sympathetically with the existing dwelling and will cause an imbalance between the symmetry of the existing row of chalet bungalows located to the immediate east of the site. As a result would affect the street scene and unique character of these chalet bungalows along Coombe Drove.
6.5 There is a neighbouring property located to the immediate south of the site (No.9 Coombe Drove). This property has a first floor flat roof dormer located on its northern elevation. The proposed development will be 7.0 metres from this property. It is considered that with the close proximity, combined with a 2.0 metre front extension, measuring 6.8 metres in height, at such an acute roof angle (55 degree) would pose some element of overbearing to the neighbouring property therefore affecting its residential amenity.
6.6 Officers have had correspondence with the agent to discuss a way forward by reducing the height below the main dwelling in order to reduce the bulk as required by policy DC9. However the applicant was not willing to amend the proposal.
6.7 In conclusion, your officers consider the proposal would not be subservient to the main dwelling by virtue of its mass and would cause an adverse impact to the street scene of the established character and appearance of the existing row of chalet bungalows and surrounding area. Therefore will be contrary to policy DC9 of the Horsham District Local Development Framework Core Strategy and General Development Control Policies 2007.
APPENDIX A/ 3 - 4
7. RECOMMENDATIONS
7.1 It is recommended that planning permission be REFUSED for the following reason
1) The proposed development is considered unacceptable by reason of its overall, size, scale and mass and would appear overly prominent within the street and would thereby have an adverse impact on the established character and appearance of the existing row of chalet buildings and surrounding area. Accordingly, if permitted, the development would be contrary to policy DC9 of the Horsham District Local Development Framework (General Development Control Policies 2007) and policy CP3 of the Horsham District Local Development Framework: Core Strategy (2007).
2) The proposed development is considered unacceptable by reason of its siting, scale and design, as it would be likely to have an adverse impact on the residential amenities of the neighbouring property, no. 9 Coombe Drove, in terms of an overbearing impact. Accordingly, if permitted, the development would be contrary to policy DC9 of the Horsham District Local Development Framework (General Development Control Policies 2007) and policy CP3 of the Horsham District Local Development Framework: Core Strategy (2007).
Background Papers: DC/13/0017 ITEM A4 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19th March 2013 DEVELOPMENT: Change of use of chicken shed to offices SITE: Chalk Farm Okehurst Lane Billingshurst West Sussex WARD: Billingshurst and Shipley APPLICATION: DC/12/2249 APPLICANT: Mr Garth Houghton
REASON FOR INCLUSION ON THE AGENDA: Number of objections received.
RECOMMENDATION: To grant planning permission subject to conditions and the completion of a legal agreement to secure transport infrastructure contributions.
1. THE PURPOSE OF THIS REPORT
To consider the planning application.
DESCRIPTION OF THE APPLICATION
1.1 This application seeks full planning permission for the change of use of an existing chicken shed to B1 office use. The unit is single storey and currently vacant. The proposal is to divide the existing shed into two separate B1 office units and to install windows on the western elevation of the unit. The application proposes to accommodate four people (two per unit). Three parking spaces will be provided on site and in close proximity to the unit. The proposal will use the existing access at Chalk Farm onto Okehurst Lane.
DESCRIPTION OF THE SITE
1.2 The site is located outside the defined built up area therefore in a countryside location. The existing unit is set among a group of buildings in a U shape layout and is not in an isolated position. The site is accessed via Okehurst Lane, Billingshurst, is approximately 300 metres from the junction with Stane Street which is a Class C road (A29 road) and is approximately 1000 metres from Billingshurst bypass (Hilland roundabout). The existing unit measures 4.9m x 18.3m (89sqm). The unit is of similar design and finish of the existing group of buildings, constructed of timber and green metal sheeting. It appears that tree planting has taken place to the west of the site. The site is surrounded by open countryside and is characterised by sporadic residential development.
Contact Officer: Gerard Kellett Tel: 01403 215633 ITEM A4 - 2
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 Relevant government policy is contained within the National Planning Policy Framework.
RELEVANT COUNCIL POLICY
2.3 Local Development Framework Core Strategy Policies CP1 (Landscape and Townscape Character) and CP15 (Rural Strategy) are considered relevant to the application.
2.4 Local Development Framework (General Development Control Policies 2007) DC24 is considered relevant to the application.
PLANNING HISTORY
2.5 DC/04/2705 Relocation of barn. PERMITTED
DC/06/1370 Change of use and conversion of redundant chicken houses to holiday cottages. REFUSED
DC/07/0689 Prior notification to erect a timber framed building for agricultural use. PRIOR APPROVAL REFUSED
DC/11/2438 New field entrance PERMITTED
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 The Head of Public Health and Licensing Department has;
“No objection provided the applicant can prove to the satisfaction of the local planning authority that:
- the proposed office building has not been constructed or treated with any potentially hazardous substances; - has not been used to for the storage any of pesticides herbicides or other potentially hazardous substances; - Any services to the new development will not be installed through ground surfaced or containing road planings, construction and demolition wastes or other potentially contaminative materials”.
Further clarification was sought from the Head of Public Health and Licensing Department regarding the above comments and it is now considered there is no objection in principle to the application subject to conditions.
ITEM A4 - 3
3.2 The Head of Building Control has stated that:
“The conversion of the building would need to comply with the requirements of the building regulation. There is insufficient detail within the application to confirm that compliance is possible at this stage”.
The Head of Building Control was re-consulted on additional information received and stated:
“The existing building is formed from softwood timber studwork with ply sheeting and clad to three elevations in metal profile sheeting.
The walls stand on a concrete plinth raised above an unreinforced concrete raft foundation.
The structure is in sound condition and was built to a suitable standard for the previous/current use.
Additional insulation, damp proofing, structural members and possible foundation works will be required as part of the works to satisfy the building regulations and would be controlled under a suitable application.
The timber frame is in reasonable condition for its age and use and so the existing building structure is capable of being converted for non domestic use”.
OUTSIDE AGENCIES
3.3 West Sussex Highways has commented
“West Sussex County Council was consulted previously on Highways matters for this location under planning application DC/06/1370 for the change of use of the chicken shed building to holiday cottages, to which no objections were raised.
The site is served by an existing point of access which adjoins the publically maintained highway with Okehurst Lane which is a ‘D’ Classified rural road subject to the national speed limit restrictions. It is anticipated that vehicle movements in this location are low and vehicle speeds significantly below that of the national speed limit. I have checked the most recently available verified accident records, which reveals there have been no personal injury accidents in the vicinity of the existing point of access.
The 81sqm office space will be provided with two car parking spaces within Chalk Farms yard which is indicated in the application form, can provide 10 spaces. This provision is below the WSCC maximum standard for a B1 office space unit of this size, it is assumed the applicant is satisfied that the parking space is not required for any other purpose.
Having consideration for the small scale nature of this proposal and existing use that the unit has as a chicken shed no concern would be raised from the highways authority. If the LPA are minded to grant planning consent a condition securing the car parking provision would be advised”.
3.4 West Sussex Highways Department were re-consulted on additional information and they stated:
“With regard to parking, a maximum standard of 1 space per 25sqm floor space is the adopted WSCC standard for B1 office developments smaller than 500sqm in less accessible areas. On the basis for an 81sqm B1 use class development 1 would advise that 3 car parking spaces are provided for the proposed change of use. This provision ITEM A4 - 4
along with the ability to turn on site would appear to be achievable from inspection of the plan provided. It does also appear that additional space is available within the site for servicing.
It is appreciated that Okehurst Lane is a rural lane where passing places may be limited. However consideration needs to be given to the existing agricultural use of the site, which in itself could have the potential to attract agricultural vehicular movements without the need for any further planning proposal. With the existing permitted agricultural use it would be difficult to substantiate that this particular proposal being judged on its own merits would result in a significant intensification of use of the site to such a degree that highway safety would be prejudiced. From the information provided no anticipated highway safety concerns would be raised”.
PUBLIC CONSULTATIONS
3.5 Billingshurst Parish Council has objected on the grounds that the location and the access road are unsuitable in terms of highway safety
The Parish Councillors noted that the permission for the new field entrance which was permitted in January 2012 states that while the “temporary” access for the purposes set out as part of the application DC/11/2438 was acceptable, “any further application for the use of the site and this access for residential or commercial purposes may be viewed differently”.
3.6 Six letters of objection have been received on the grounds of:
- Erosion of the rural nature of the site - The building is completely unsuitable for office accommodation - The lane is not suitable for any large commercial vehicles - There are no suitable passing places - Highway safety - Access and Parking
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
4.1 Article 8 (right to respect of a private and family life) and Article 1 of The First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of human rights is an integral part of the planning assessment set out below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
5.1 It is not considered that the proposed development would have any material impact on safety and security issues
6. PLANNING ASSESSMENTS
6.1 The main issues are the principle of the development and the effect of the development on:
- The character and the visual amenity of the area - The amenities of the occupiers of adjoining properties - The existing parking and traffic conditions in the area
6.2 This application involves the change of use of an existing chicken shed to offices (B1 – use class).
ITEM A4 - 5
6.3 The chicken shed was first permitted under application BL/32/99 and ceased being used for that purpose in May 2006. The applicant has stated in the Design and Access Statement that he could not compete with supermarket prices therefore the business became financially unviable. The business ceased trading and the unit has since been used for storage.
6.4 Policy DC24 of the Horsham District Local Development Framework (General Development Control Policies 2007) states that development outside the defined built-up areas will be permitted for the conversion of agricultural, forestry or rural buildings for business, commercial or residential development where;
“a) the building is suitably located in that it is not in an isolated position in relation to infrastructure, amenities and services; b) the building is of suitable scale for the level of activity proposed, and of suitable construction which is not so derelict as to require substantial reconstruction, and for proposals for residential use, is of traditional construction and/or architectural/historic interest; c) the buildings are proved to have been in use for a period of 10 years or more; d) the proposed use will maintain or enhance the architectural character of the buildings and the character of their settings; and, e) the proposed use can be accommodated in the existing buildings and car parking requirements can be accommodated satisfactorily within the immediate surrounds of the buildings.
Proposals for the conversion of buildings to business and commercial uses will be considered favourably over residential in the first instance. The loss of either existing commercial or agricultural uses to residential is dependent on an examination of the sustainability and suitability of the location and whether the building would best preserved through the conversion to residential”.
6.5 Policy CP15 of the Horsham District Local Development Framework (Core Strategy 2007) indicates “in the countryside development which maintains the quality and character of the area whilst sustaining its varied and productive social and economic activity will be supported in principle”.
The strategy goes on to state: “Allowing farmers the ability to diversify for the benefit of the agricultural holding plays an important part in continuing their role of landscape management. The priority will however continue to be minimise the amount and scale of new building in the countryside, compatible with the aim of sustainable rural economic development”. This building is an existing building and will not involve the construction of a new structure in the countryside.
6.6 The unit is considered to be of a suitable scale for the level of activity proposed. The building will be divided into two separate units and the applicant wishes to attract a B1 office use. The unit is close to Billingshurst and the site is easily accessible from Stane Street (A29). It is considered that the overall level of activity on the site will not significantly increase as a result of this change of use.
6.7 The building is of suitable construction which is not so derelict as to require substantial reconstruction. The Head of Building Control commented “the timber frame is in reasonable condition for its age and use and so the existing building structure is capable of being converted for non domestic use”.
6.8 There were concerns raised from neighbours and the Parish Council on how the site would be accessed and the car parking arrangements proposed. The applicant has provided further information by means of an amended plan indicating parking arrangements and that ITEM A4 - 6
access to the site will be via the existing access. The County Surveyor is satisfied and considers “the small scale nature of this proposal and existing use that the unit has as a chicken shed means that no concern would be raised from the highway authority”.
6.9 Objections have also been raised by local residents with regard to highway safety, however the County Surveyor advised that “The site is served by an existing point of access which adjoins the publically maintained highway with Okehurst Lane which is a ‘D’ Classified rural road subject to the national speed limit restrictions. It is anticipated that vehicle movements in this location are low and vehicle speeds significantly below that of the national speed limit….the most recently available verified accident records, which reveals there have been no personal injury accidents in the vicinity of the existing point of access”. Therefore the County Surveyor raises no objection. Your officers consider that a highway safety refusal reason would be very difficult to justify in these circumstances.
6.10 This application is considered to be small in scale and would accord with the requirements of policies DC24 and CP15 of the Horsham District Local Development Framework Core Strategy and General Development Control Policies 2007.
7. RECOMMENDATIONS
7.1 It is recommended that planning permission be GRANTED subject to the following conditions and the completion of a legal agreement to secure transport infrastructure contributions.
01 A2 Full Permission
02 The sole means of vehicular access to the site of the development hereby permitted shall be as outlined on drawing no 115.11.01b received 24.1.13.
Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).
03 The premises shall not be open for trade or business except between the hours of 08.00 and 18.00 on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
04 The premises shall be used only for purposes within Use Class B1 as defined in the schedule to the Town and Country Planning (Use Classes) Order 1987.
Reason: To enable the Local Planning Authority to control the use of the site and because other uses would be contrary to policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
05 The building hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.
ITEM A4 - 7
Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).
06 No development shall be commenced unless and until a schedule of materials and samples of such materials and finishes and colours to be used for the windows of the proposed building have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.
Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
07 D10 Floodlighting
08 L1 Landscaping
09 No burning of materials shall take place on the site in connection with the development.
Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
10 The use herby permitted shall not be occupied until it has been demonstrated to the satisfaction of the local planning authority that:
the proposed office building has not been constructed or treated with any potentially hazardous substances; has not been used to for the storage any of pesticides herbicides or other potentially hazardous substances; Any services to the new development will not be installed through ground surfaced or containing road planings, construction and demolition wastes or other potentially contaminative materials.
Reason: To ensure that any pollution is dealt with in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
11 If, during development, contamination not previously identified is found to be present at the sites then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
Reason: To ensure that any pollution is dealt with in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
ITEM A4 - 8
12 Any works of demolition or construction and any associated ancillary activities shall only take place between 08:00 hours and 17:30 hours on Mondays to Fridays and between 08:00 hours and 13:00 hours on Saturdays, and not on Sundays or Bank Holidays.
Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
13 Deliveries to or from the site shall be restricted to 08:00 – 17.30 hours on Monday to Friday and Fridays and between 08:00 hours and 13:00 hours on Saturdays, and not on Sundays or Bank Holidays.
Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).
8. REASONS FOR RECOMMENDATIONS
ICTN1 The proposal would not be obtrusive in the landscape or harmful to the visual quality of the area.
Background Papers: DC/12/2249 APPENDIX A/ 5 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19 March 2013 DEVELOPMENT: Ground and first floor extension to existing single storey house SITE: Alders Horsham Road Steyning West Sussex WARD: Steyning APPLICATION: DC/13/0201 APPLICANT: Mr Steve Cowley
REASON FOR INCLUSION ON THE AGENDA: 5 or more letters of representation contrary to Officers recommendation
RECOMMENDATION: To refuse planning permission
1. THE PURPOSE OF THIS REPORT
To consider the planning application.
DESCRIPTION OF THE APPLICATION
1.1 The application seeks permission for a single storey extension along the southern elevation of the existing dwelling. The proposal would also involve an increase in the existing ridge height to provide additional habitable accommodation within the roof space with 2 dormer windows on each of the proposed eastern and western elevation. The proposed scheme would provide an additional bedroom with ensuite bathroom & dressing room, as well as a sitting room and a balcony along the western side of the dwelling.
DESCRIPTION OF THE SITE
1.2 The site consists of a single storey dwelling, originally constructed as an agricultural worker’s dwelling. The dwelling is located within the northern part of this large site with a number of large outbuildings and a large pond located to the south. The existing dwelling is a modest single storey irregular shaped building comprising 4 bedrooms, a living room, kitchen, bathroom plus a storeroom and garage.
1.3 The site is located on the corner of the junction with Horsham Road and the A283 – Steyning by-pass with access from Horsham Road. The property is located outside any defined built up area boundary and therefore within the countryside.
Contact Officer: Doug Wright Tel: 01403 215522 APPENDIX A/ 5 - 2
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 National Planning Policy Framework – Section 7, Requiring good design
RELEVANT COUNCIL POLICY
2.3 The relevant Local Plan Policies are CP1 & CP3 of the Core Strategy (2007) and DC9 & DC28 of the Local Development Framework General Development Control Policies (2007).
PLANNING HISTORY
2.4 ST/37/94 – Erection of an agricultural workers bungalow – Permitted
DC/10/2261 – Proposed new vehicular access – Withdrawn
DC/11/0044 – Proposed new vehicular access – Refused
DC/11/1482 - Occupation of Alders in non-compliance with Condition 2 of planning permission ST/37/94 (agricultural occupancy condition) (Certificate of Lawful Development - Existing) - Permitted
DC/12/2193 - Ground and 1st floor extension to existing single storey house - Permitted
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 No internal consultation received
OUTSIDE AGENCIES
3.2 Steyning Parish Council at the time of writing this report had made no comments. Any comments will be given verbally at the committee meeting.
PUBLIC CONSULTATIONS
3.3 7 letters of support have been received
The dwelling cannot be seen from outside the site Does not increase the footprint In keeping with the character of the existing dwelling Proportionate to the size of the existing dwelling
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
Article 8 (right to respect of a private and family life) and Article 1 of The First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of human rights is an integral part of the planning assessment set out below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
APPENDIX A/ 5 - 3
It is not considered that the proposal would have a material impact on crime and disorder.
6. PLANNING ASSESSMENTS
6.1 The principal issue is whether the proposal complies with the relevant criteria of Policy DC28 and the impact on the surrounding countryside.
6.2 The application seeks permission for ground and 1st floor extensions to the existing single storey dwelling. The proposed application is a re-submission of a previously approved application (DC/12/2193), which following discussions with officers was reduced in scale by way of amended plans, to reflect the scale and character of the existing dwelling. The current proposal has therefore reverted back to the original plans, which formed part of DC/12/2193, though the dormer windows along the eastern elevation have been reduced in size.
6.3 The proposed extension would increase the ridge height of the highest part of existing dwelling at the southern end from 5.9m to 7.2m, an increase of approx 1.3m, which would create 1 bedroom, 1 ensuite, a dressing room and a sitting room. The proposal also includes 4 dormer windows, 2 on each of the east and west elevations. The east elevation dormers have been reduced in size from the original plans submitted for the previously approved application (DC/12/2193), as they were considered to be excessive in size and provide unnecessary bulk to the roof slope. The existing dwelling is of an irregular shape along the southern elevation and therefore the proposed single storey element would have a variance in its depth, ranging from 3.5m to 9m. The proposed works would as a result square off the southern section of the dwelling and provides an additional footprint of 75m2, which equates to an increase of approximately 34%, this however would be considered in keeping with the scale of the existing dwelling. There is therefore no objection to this element of the proposal.
6.4 The proposed works to increase the roof height to provide further living accommodation at first floor level, would be assessed against Policy DC28 of the General Development Control Policies (2007) which relates to development outside the defined built up area boundary and states that any extension should be in sympathy and subservient to the scale and character of the existing dwelling. The existing building is of a fairly non-descript design, originally built as an agricultural worker’s dwelling in the mid 1990s, which has a shallow pitched roof, currently 5.9m in height at its highest point, with full hips along each elevation. The current proposal with its creation of a single storey extension and a gable end along the southern elevation, seeks to increase the ridge height by 1.3m to enable further living space with 2 dormers windows on each of the east & west elevations. The previous application DC/12/2193, granted planning permission for a single storey extension and an increase of the ridge height by 1.3m with a dormer window on the east, west and south elevations to provide first floor level living accommodation. The proposed roof shape was amended and the size and number of dormer windows reduced following discussions with officers, as the originally submitted plans were considered to excessive in scale and not in keeping with the character of the existing dwelling. The revised scheme was considered more in keeping with the character of the existing dwelling, in terms of its roof shape, as well as minimising additional bulk and mass. Whilst planning permission was granted for the revised scheme, the applicant considered the original proposal to be more appropriate.
6.5 It is acknowledged that following the approval of application DC/12/2193, the increase in height by 1.3m of the existing dwelling has already been established, nevertheless the proposed creation of a gable end would form a roof shape starkly different and an unsympathetic addition of bulk and mass, thus greatly altering the appearance of the existing dwelling. It is argued that the existing building does not hold any architectural merit and there are other examples of gable end buildings in close proximity. Support has also been given to the proposal, as it is stated that the dwelling cannot be seen from outside the APPENDIX A/ 5 - 4
site, due to the heavy vegetation along the eastern boundary. Nevertheless, policy clearly states that consideration has to be given to the scale and character of the existing building with each case being judged on its own merits. It therefore remains the views of officers for the reasons given above that the current proposal fails to meet the requirements of policy DC28.
7. RECOMMENDATIONS
7.1 It is recommended that permission be refused.
7.2 Permission should be refused for the following reason:
The proposed extensions, by virtue of their scale and design would not be in keeping with the scale and character of the existing dwelling. The development is therefore contrary to policy CP3 of the Horsham District Local Development Framework Core Strategy (2007) and policies DC9 and DC28 of the General Development Control Policies Document (2007).
Background Papers: DC/12/2193, DC13/0201 APPENDIX A/ 6 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19th March 2013 Rear single storey extension to provide office, games room, sauna and DEVELOPMENT: gym and removal of existing outbuildings SITE: Valelands West Chiltington Lane Coneyhurst Billingshurst WARD: Billingshurst and Shipley APPLICATION: DC/13/0076 APPLICANT: Mr David Bruton
REASON FOR INCLUSION ON THE AGENDA: At the written request of Cllr Adam Breacher & Cllr Kate Rowbottom
RECOMMENDATION: To REFUSE planning permission
1. THE PURPOSE OF THIS REPORT
To consider the planning application.
DESCRIPTION OF THE APPLICATION
1.1 This application seeks full planning permission for the removal of existing outbuildings to the rear of Valelands and the erection a single storey dual pitched extension to the rear of the existing dwelling to accommodate an office, games room, sauna and gym area.
DESCRIPTION OF THE SITE
1.2 Valelands is located outside any defined built up area. The site currently consists of a two storey dwelling with a loft conversion. The site is mainly laid to lawn to the south with the site gradient sloping north to south. There is an existing pool area located to the south west with a group of outbuildings to the north which will be demolished. There is an existing mature pine tree approx 12metres in height located to the immediate west. All boundaries of the site are defined with a mix of mature trees and vegetation. The nearest neighbouring property (Ridge Barn) is located to the north east of the site. The surrounding area is rural in character.
Contact Officer: Gerard Kellett Tel: 01403 215633 APPENDIX A/ 6 - 2
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 Relevant government policy is contained within the National Planning Policy Framework.
RELEVANT COUNCIL POLICY
2.3 Local Development Framework Core Strategy Policies CP1 (Landscape and Townscape Character) and CP3 (Improving the Quality of New Development) are considered relevant to the application.
2.4 Local Development Framework (General Development Control Policies 2007) DC9 and DC28 are considered relevant to the application.
PLANNING HISTORY
2.5 DC/12/2143 Removal of existing outbuildings and erection of a single storey rear extension REFUSED
DC/12/2384 Outbuilding for home cinema, gym, sauna and games room (Certificate of
Lawful Development - Proposed) PERMITTED
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 No comments received
OUTSIDE AGENCIES
3.2 No comments received
PUBLIC CONSULTATIONS
3.3 Billingshurst Parish Council has expressed no objection to the proposed development.
3.4 Five letters of support were received for this application on the following grounds: A summary of comments are outlined below.
- “We fully support the application”
- “It will replace a rather haphazard collection of buildings to the east of the main building and generally improve the site”
- “It will provide as providing more practical accommodation for the Brutons”
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
4.1 Article 8 (right to respect of a private and family life) and Article 1 of The First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of human rights is an integral part of the planning assessment set out below. APPENDIX A/ 6 - 3
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
5.1 It is not considered that the proposed development would have any material impact on safety and security issues.
6. PLANNING ASSESSMENTS
6.1 The main issues are the principle of the development in the location and the effect of the development on:
- The character of the existing dwelling and the visual amenities of the area - The amenities of the occupiers of adjoining properties
6.2 This application is a re-submission of a previous planning application which was refused planning permission under reference no. DC/12/2143 which was to remove existing outbuildings and erect a single storey rear extension.
6.3 The reasons for refusal were:
1) “The proposed development is considered unacceptable by reason of its overall siting, scale and design and would have an adverse impact on the established character and appearance of the existing building and surrounding area. Accordingly, if permitted, the development would be contrary to policy DC28 of the Horsham District Local Development Framework (General Development Control Policies 2007)”.
2) “The proposed development is considered unacceptable as it will have a significant adverse impact on the residential amenity of the neighbouring property (Ridge Barn) to the North-East of the site, in terms of loss of light and overbearing impact. Accordingly, if permitted, the development would be contrary to policy DC9 of the Horsham District Local Development Framework (General Development Control Policies 2007)”.
6.4 The applicant has made changes to the proposal and the main differences between this current application and the refused application under DC/12/2143 is that the proposed ground floor extension has been reduced from 13.0m x 10.6m to 12.0m x 9.6m. A reduction of a metre in the width and depth of the building has meant that the floor has been reduced from 137.8sqm to 115.2sqm. The height of the proposal has also been reduced from 5.7m to 5.3m; a reduction of 0.4metres.
6.5 The slight reduction of the footprint has resulted in the extension being pulled away from the neighbouring property (Ridge Barn) so that the separation distance to the common boundary has increased to 3.5m. Therefore the Local Planning Authority considers the second reason for refusal has been overcome through the greater distance to the boundary.
6.6 It is acknowledged that the applicant has made amendments to the scheme however the Local Planning Authority still considers that the proposal is still very significant in terms of size, scale and mass. Policy DC28 of the Horsham District Local Development Framework (General Development Control Policies 2007) states, “Outside the defined built-up areas house extensions,…will be permitted if the development can be accommodated appropriately within the curtilage of the existing dwelling. In addition: applications…should not be disproportionate to the size of the existing dwelling whilst extensions should also, and in addition, be in sympathy with and subservient to the scale and character of the existing dwelling;” and APPENDIX A/ 6 - 4
Policy DC9 states to “ensure that the scale, massing and appearance of the development is of a high standard of design and layout and where relevant relates sympathetically with the built surroundings, open spaces and routes within and adjoining the site, including any impact on the skyline and important views;”
6.7 It is considered that the design of the extension fails to reflect the style and character of the existing dwelling and once built would give the impression of a small bungalow attached to a three storey dwelling in the countryside.
6.8 Your officers have met with the agent to discuss a way forward as there is no objection in principle to an extension to the property so as that the proposal would not appear divorced or disproportionate, in size to the existing dwelling as required by policy DC28. However the applicant was not willing to amend the proposal.
6.9 Whilst a Lawful Development Certificate has been submitted and approved under Class E (outbuildings) of the General Permitted Development Order (GDPO) for a similar building. This has been found lawful under the GDPO and not adopted policy.
6.10 In conclusion, your officers consider the proposal to be overly large in scale, out of keeping with the design of the existing dwelling thus resulting in an extension that is contrary to policies DC9 and DC28 of the Horsham District Local Development Framework Core Strategy and General Development Control Policies 2007.
7. RECOMMENDATIONS
7.1 It is recommended that planning permission be REFUSED for the following reason
The proposed development is considered unacceptable by reason of its overall siting, scale and design which would have an adverse impact on the established character and appearance of the existing building and surrounding area. Accordingly, the development would be contrary to policy DC28 of the Horsham District Local Development Framework (General Development Control Policies 2007).
Background Papers: DC/13/0076 DC/12/2143 (Refused) APPENDIX A/ 7 - 1
DEVELOPMENT MANAGEMENT REPORT
TO: Development Management Committee South BY: Head of Planning and Environmental Services DATE: 19 March 2013 DEVELOPMENT: Erection of a homeworking office SITE: Sake Ride Farm Wineham Lane Wineham Henfield WARD: Cowfold,Shermanbury and West Grinstead APPLICATION: DC/13/0200 APPLICANT: Mr Brian O'Connell
REASON FOR INCLUSION ON THE AGENDA: Application by Member
RECOMMENDATION: To grant planning approval
1. THE PURPOSE OF THIS REPORT
To consider the planning application.
DESCRIPTION OF THE APPLICATION
1.1 The application seeks permission for the erection of an outbuilding to provide a home working office. The proposed building would be located on land to the front of the residential dwelling of ‘Sake Ride Farm’, though remains within its curtilage.
DESCRIPTION OF THE SITE
1.2 The site consists of a two storey dwelling within a large plot. The residential curtilage forms a small part of the total land ownership, which consists of stable buildings and a sandschool to the west of the dwelling and further open fields used for grazing to the north and south. A new dwelling is currently being constructed on the site of the former dairy, which is located towards the front eastern boundary following planning approval for a replacement dwelling (DC/12/1305). An unmade track off Wineham Lane runs along the southern perimeter of the residential curtilage and forms the driveway to the existing dwelling and access to the stable buildings to the west.
1.3 The site is located along the western side of Wineham Lane, which also forms the eastern boundary of the Horsham District. The site is located outside any defined built up area boundary and therefore within the countryside.
Contact Officer: Doug Wright Tel: 01403 215522 APPENDIX A/ 7 - 2
2. INTRODUCTION
STATUTORY BACKGROUND
2.1 The Town and Country Planning Act 1990.
RELEVANT GOVERNMENT POLICY
2.2 National Planning Policy Framework – Section 7, Requiring good design
RELEVANT COUNCIL POLICY
2.3 The relevant Local Plan Policies are CP1 & CP3 of the Core Strategy (2007) and DC9 & DC28 of the Local Development Framework General Development Control Policies (2007).
PLANNING HISTORY
2.4 DC/11/2378 – Conversion of building to a dwelling house (Certificate of Lawful Development - Existing) – Permitted
DC/12/0599 - Non compliance of condition 7 of consent SH/10/93 - Agricultural occupancy condition (Certificate of Lawful Development - Existing) – Permitted
DC/12/1305 – Replacement dwelling and car port - Permitted
3. OUTCOME OF CONSULTATIONS
INTERNAL CONSULTATIONS
3.1 No consultations received
OUTSIDE AGENCIES
3.2 Shermanbury Parish Council has no objection to the application
PUBLIC CONSULTATIONS
3.3 No letters of representation have been received at the time of this report. Any comments received will be given verbally at the meeting
4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS
Article 8 (right to respect of a private and family life) and Article 1 of The First Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of human rights is an integral part of the planning assessment set out below.
5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER
It is not considered that the proposal would have a material impact on crime and disorder.
6. PLANNING ASSESSMENTS
6.1 The principal issue is the effect of the development on the rural character of the surrounding area.
APPENDIX A/ 7 - 3
6.2 The application seeks permission for the erection of a home office building ancillary to the main dwelling of ‘Sake Ride Farm’. The originally submitted plans placed the building to the south of the dwelling and on land which falls outside of the residential curtilage. The proposed building in this location would have been considered to have a detrimental impact upon the surrounding countryside and it is therefore proposed to relocate the building to the front of the existing dwelling and thereby within the residential curtilage.
6.3 The proposed building would be of a timber construction with stained timber boarding along each elevation and felt shingles to the roof. There would also be a number of windows within the front and side elevations, as well as a single door for internal access. The building would be 5m in width to a depth of 7m and includes a sheltered veranda along the front elevation, which serves as the access point to the internal office area. The building would be 2.75m in height with a shallow pitched roof. The proposed building is fairly typical of a domestic outbuilding and would not be considered inappropriate in its current form and location, thus having no detrimental impact upon the main dwelling.
6.4 The site is located outside any defined built up area boundary and is therefore firmly located within the countryside. The dwelling of ‘Sake Ride Farm’ is located approximately 70m from the highway with limited views into the site, due to the heavy screening along the front boundary. A replacement dwelling is currently under construction on the site of the ‘former dairy’, which lies to the east of ‘Sake Ride Farm’ and to the west of the highway. The amended position of the building would be to the north east of the existing dwelling and the west of the new dwelling, which also serves as screening to any views from the east, which are however limited due to the existing boundary vegetation. The proposed building in its revised position is therefore not considered to have an adverse impact upon the surrounding countryside, given its proximity to the residential dwelling and sufficient screening of the site.
7. RECOMMENDATIONS
7.1 It is recommended that permission be granted subject to the following conditions:
01. A2 Full Permission 02. M6 Prescribed Materials
8. REASONS FOR RECOMMENDATIONS
ICAB3 The proposal does not have an adverse impact upon the character and appearance of the street scene or locality.
Background Papers: DC/13/0200