Mr & Mrs Ewen Planning Application Supporting Statement PV.1195 Kylemore House December 2018 The Causeway Brinkworth Chippenham SN15 5DL

CONTENTS

1. INTRODUCTION 2 1.1 The application proposal 2 1.2 Application contents 2 1.3 Stakeholder consultation 2

2. SITE CONTEXT 3 2.1 Site location 3 2.2 Site description 3

3. PLANNING HISTORY 4 3.1 Planning history 4 3.2 Relevant planning history for neighbouring sites 4

4. PLANNING POLICY CONTEXT 5 4.1 Policy background 5 4.2 The statutory Local Plan 5 4.3 National planning policy 5 4.4 Designations 5

5. KEY PLANNING ISSUES 6 5.1 The principal of the change of use 6 5.2 The impact on the character and appearance of the area and proposed landscape treatment 7 5.3 Impact on neighbour amenity and privacy 8

6. SUMMARY AND CONCLUSIONS 9

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1. INTRODUCTION

This planning statement has been produced on behalf of Mr & Mrs Ewen to support a planning application for the change of use of agricultural grazing land to a residential garden at land within part of the demise of Kylemore House, Brinkworth.

1.1 THE APPLICATION PROPOSAL

The description of development comprises:

The change of use of agricultural land to a residential garden and associated works.

The constituent elements of the scheme comprise the following:

● The change of use of 2736 sq.m / 0.27 hectares of agricultural grazing land to a domestic garden; ● The removal of timber stock-fencing around a small group of fruit trees in the north-eastern corner of the site; ● The retention of the existing eastern boundary treatment between the application site and Watson Fuels; ● The installation of a boundary treatment along the southern and western boundaries comprising timber stock-fencing and the planting of a native hedgerow and trees to match the eastern boundary with Watson Fuels; and ● The creation of an access(es) through the existing southern stone boundary wall.

1.2 APPLICATION CONTENTS

This statement provides detailed consideration of the planning merits of the proposal, its impact on the character and appearance of the area and neighbour amenity and an analysis of relevant Local Plan and National Planning Policy guidance. The application is supported by the following information:

● A documents and plans schedule; ● Completed application forms and ownership certificates; ● Supporting planning application statement, produced by Planning Ventures; ● Landscape Appraisal, with landscape and planting plan, produced by Susanne Blair, Landscape and Garden Designer; ● Red and blue site location plan, produced by Verity & Beverley Architects & Designers; and ● Existing and proposed layout plans, produced by Verity & Beverley Architects & Designers.

1.3 STAKEHOLDER CONSULTATION

As this is a minor planning application due to the size and scale of the proposal it was not considered necessary to undertake any formal stakeholder or public consultation. It is considered that in this instance the Council’s formal neighbour notification and statutory consultation process will be sufficient.

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2. SITE CONTEXT

2.1 SITE LOCATION

Kylemore House is located on the western outskirts of the village of Brinkworth. Accessed directly off The Causeway (B4042), the property sits in open countryside between the towns of Malmesbury (to the north-west) and Royal Wooton Bassett (to the south-east).

2.2 SITE DESCRIPTION

Kylemore House comprises a brick-built two-storey, detached house. Set back from the road within a large level garden, the residential curtilage of the property is well defined by stone walling and mature planting/hedges. The wider demise of Kylemore House also extends to include a further parcel of agricultural grazing land to the south (part of which is the subject of this application). This is crossed at the south-west corner by a public right of way (Ref. BRIN28) and contains a small enclosure of fruit trees in the north-east corner. Immediately to the east Kylemore House is bounded by Watson Fuels and to the west by the rear garden to Ivy House along with a wooded pond area. There are historic accesses into these adjacent properties from Kylemore House that demonstrate the historic extent of ownership.

To the east of the application site lies Watson’s car park, which is bounded by a 1.5m high timber stock-fence and native hedgerows and trees. To the west of the wider edge of the land within the applicant’s ownership, but outside the application red line, the site is bounded by a 1.4m high timber stock-fence that runs the length of the public footpath. The northern boundary between Ivy Cottage and the wider site (outside the red line boundary) is again defined by a 1.4m high timber stock-fence.

The principal characteristics of the area are rolling, undulating hills, irregular small/medium fields mainly in pastoral use and continuous hedges with mature oak trees and some copses.

Kylemore House can be seen from the public footpaths that surround the site and from various locations along the Brinkworth to Dauntsey Road. These views are interrupted by higher sections of the roadside hedge or other foreground vegetation.

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3. PLANNING HISTORY

3.1 PLANNING HISTORY

The Wiltshire Council on-line planning history shows only one entry for Kylemore House, which confirms that full planning permission (Ref. N/89/02187/F) was granted on the 4 September 1989 for an extension to the property.

3.2 RELEVANT PLANNING HISTORY FOR NEIGHBOURING SITES

The following applications for neighbouring/nearby properties are of relevance:

Watson Fuels, Causeway End: full planning permission, reference (Ref. N/10/04423/FUL) was granted on 14 January 2011 for an extension to the existing office premises and adjacent car park and change of use of land from agriculture. The approved site plan shows the southern extent of the new car park (occupying the land identified as WT294696 on the HMLR Title Plan), tying in with the southern extent of the paddock.

Causeway Cottage: various extensions and alterations to the property were permitted in 1991, 2000, 2004 and 2005. Full planning permission (Ref. N08/00568/S73A) consent was granted on 6 May 2008 for the change of use of agricultural land to a residential garden.

The Gables: a current application (Ref. 18/09325/FUL) for the change of use of grazing land to domestic garden with fencing is pending a decision by Wiltshire Council.

These planning permissions and current application have confirmed acceptability of the change of use of agricultural land to domestic gardens within Brinkworth. These are therefore considered to be strong material considerations that support the principle of development.

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4. PLANNING POLICY CONTEXT

4.1 POLICY BACKGROUND

In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 planning applications must be determined in accordance with the statutory Development Plan, unless material considerations indicate otherwise.

In addition, the National Planning Policy Framework (2018) has established a presumption in favour of sustainable development. It requires Local Planning Authorities to determine planning applications that accord with the Development Plan without delay. Where a Development Plan is absent or silent or relevant policies are out of date planning permission should be assessed against the policies of the National Planning Policy Framework and granted where adverse impacts don’t significantly and demonstrably outweigh the benefits.

4.2 THE STATUTORY LOCAL PLAN

The application site falls within the jurisdiction of Wiltshire Council, and is governed by the policy context of the National Planning Policy Framework, National Planning Practice Guidance and the Wiltshire Local Plan (the relevant Development Plan). This comprises the Wiltshire Core Strategy, adopted January 2015 and the ‘saved’ policies of the North Wiltshire Local Plan.

This provides the current development strategy to deliver sustainable growth for the Unitary Authority of Wiltshire up until 2026. It sets out how much development is needed in the area and identifies where, when, and how this will take place. It also includes a set of more detailed development management policies used to assess planning applications in the area.

Other relevant guidance includes the Wiltshire Council Householder Design Guide. Although it is not clear if this is an adopted supplementary planning document and used for development control purposes.

4.3 NATIONAL PLANNING POLICY

In addition to the adopted Local Plan, the content of the NPPF (2018) and NPPG are strong material considerations in planning decisions. The NPPF sets out the Government’s planning policies for England and how these are expected to be applied.

4.4 DESIGNATIONS

The Core Strategy Policies Map locates Brinkworth within the Community Area of Malmesbury and within open countryside outside the defined settlement boundary of the town. It lies within Grade 3 agricultural land and flood zone 1.

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5. KEY PLANNING ISSUES

The key planning issues to be assessed are:

1. The principle of the change of use; 2. The impact on the character and appearance of the area and proposed landscape treatment; and 3. The impact on neighbour amenity and privacy.

These issues are assessed against the relevant policy tests below.

5.1. THE PRINCIPLE OF THE CHANGE OF USE

This key planning issue looks at the principle of the change of use of agricultural grazing land to a domestic garden. This takes account of the approach that the Council has taken to this form of development within the vicinity of Kylemore House and any relevant policy tests.

5.1.1 Relevant Policies

There are no specific policies contained within the adopted Local Plan that deal with the change of use of agricultural land to domestic gardens or extensions of domestic gardens into open countryside. As such para 11, part D of the NPPF is of primary relevance. This states that where there are no relevant development plan policies planning permission should be granted unless there are policies within the NPPF that provide a clear reason for refusing applications or any adverse impacts of an application proposal would significantly and demonstrably outweigh the benefits of the application when assessed against the NPPF as whole.

Therefore in this instance this aspect of the application proposal must take into account other relevant materials considerations in conjunction with any relevant policies contained within the NPPF.

The NPPF does not specifically deal with the change of use of agricultural land to domestic gardens. Although it is clear that application proposals should achieve well designed places and conserve and enhance the natural environment.

5.1.2 Assessment

The principle of the change of use from agricultural land to a residential garden is not restricted by planning policy and therefore there should be a presumption in favour of the proposed use. The issues associated with the change of use are considered in the sections below.

The agricultural land covered by the application is categorised as Grade 3 (good to moderate) but is situated to the immediate north of Grade 4 (poor) agricultural land, under the Agricultural Land Classification Map South West Region (ALC006). The land is used for occasional grazing of animals. As the application site falls within the lower grade classifications of agricultural land, the proposed change of use of this land will not adversely affect the quantum of good quality agricultural land within this part of Wiltshire. As such the change of use of this agricultural land is not considered to be an issue worthy of the refusal of planning permission.

The planning history for Watson Fuels and Causeway Cottage have confirmed the positive approach the Council has taken to applications of this nature both for residential garden extensions and commercial extensions. There have been no material changes in circumstances since these permissions were granted to warrant an alternative

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approach to the proposed change of use of the land adjacent to Kylemore House. As such this is considered a strong material consideration in support of the application proposal.

In summary, in the absence of relevant planning policies and the clear advice of the NPPF and in conjunction with the classification of the application site as Grade 3 agricultural land and the approach taken by the Council with regard to the change of use of agricultural land to alternative residential and commercial uses within the immediate vicinity of the application site it is considered that there are no demonstrable reasons to refuse the application proposal.

5.2. THE I MPACT ON THE CHARACTER AND APPEARANCE OF THE AREA AND PROPOSED LANDSCAPE TREATMENT

This planning issue assesses the character of the landscape within which the application proposal is set and the proposed landscape treatment. This section should be read in conjunction with the Landscape Appraisal and associated plans produced by Susanne Blair.

5.2.1 Relevant Policies

Para 170 of the NPPF and policies 51, 57 and NE15 are of relevance. These respectively emphasise the importance of protecting and enhancing valued landscapes; require development to protect, conserve and where possible enhance landscape character, ensure that it does not have a harmful impact upon landscape character, with any negative impacts mitigated through sensible design and landscape measures; requires a high standard of design that responds positively to the existing landscape; and, requires the characteristics of the North Wiltshire landscape to be conserved and enhanced and restricts development that will adversely affect the character of an area and its features. Where relevant, development proposals should take account of the setting and relationships between buildings and the landscape including the pattern of field boundaries.

In addition to the relevant policy tests the Wiltshire Design Guide advises that boundary treatments, such as walls, fences and planting, are an important feature and details should be submitted as part of the application. It requires application proposals to use materials that are in keeping with the locality and are durable and provide visual quality.

5.2.2 Assessment

As can be seen from the Landscape Appraisal and the proposed landscape and planting plans careful consideration has been given to the character and appearance of the rural character of the application site and the context of the surrounding landscape and boundary treatments.

A common feature of this part of Brinkworth for field and rural boundary treatments is either the combined use of rustic hedgerows and trees backed by timber stock-fencing or standalone timber stock-fencing.

The application proposal’s landscape boundary treatment is wholly consistent with the established character of boundary treatments within the immediate vicinity of the site. It will serve to continue the boundary treatment of the adjacent Watson’s site, utilising a combination of five bar timber stock-fencing and new hedgerow planting, with intermittent trees along the southern and western site boundaries. This will comprise native species and a design which is intended to achieve a natural but dense and durable border. The new hedgerow planting can be expected to achieve a height of 1.5m within five years from planting and will provide a good density during winter months, without compromising views of Kylemore House and the landscape closest to Brinkworth. Tree planting on the boundary will augment the local tree cover and link Kylemore House with the wider setting, its backdrop of

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trees and the existing character of the skyline hedgerows and trees. Not only will this provide a positive enhancement to the visual amenity of the locality and enable good integration within the overall landscape setting, but it will enhance the area’s bio-diversity.

An opening will be formed in the existing stone wall that runs along the southern boundary of the existing garden of Kylemore House. Whilst providing access between the existing and proposed garden area it will also ensure continuity of a strong landscape boundary feature that is unique to Kylemore House.

It is considered that the proposed boundary treatment accords with the relevant policy tests. It is a high quality landscape scheme that reinforces and enhances the rural character of the area and aids the bio-diversity of this part of Brinkworth. As such this element of the application proposal is worthy of the grant of planning permission.

5.3. IMPACT ON NEIGHBOUR AMENITY AND PRIVACY

This key planning issue assesses the impact of the application proposal on the amenity of neighbouring properties. This section should be read in conjunction with the plans produced by Verity & Beverley Architects.

5.3.1 Relevant Policies

Para 127 of the NPPF and policy 57 are of relevance. Respectively, these state that decisions should ensure developments create places that are safe with a high standard of amenity and the proposals should have regard to the compatibility of adjoining buildings and uses, the impact on the amenities of existing occupants, and ensure that appropriate levels of amenity are achievable including where relevant the consideration of privacy.

5.3.2 Assessment

The importance of maintaining neighbour amenity and privacy has been taken into consideration in the development of the proposals. The area covered by the application continues directly along the eastern and western boundaries of Kylemore House, although the extent of ownership runs further to the west below the southern boundary of Ivy Cottage and just beyond the public footpath. The western boundary of the proposed garden area is in excess of 100m from the rear of Causeway Cottage, The Gables, Rose Cottage and Fernleigh and slightly less from their respective rear garden boundaries. Due to the position of Ivy Cottage and its relationship with the application site there will be no direct intervisibility between Ivy Cottage and the proposed garden area. There may be some overlooking between the southern section of Ivy Cottage’s garden and the proposed garden area, but this will be limited due to the depth of the proposed garden area and the use of the proposed boundary treatments.

As such it is considered that there will be no adverse impacts on the amenity or privacy of neighbouring properties as a result of the application proposal. This aspect of the proposal is therefore considered to accord with the relevant policy tests and a presumption exists in support of the application.

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6. SUMMARY AND CONCLUSIONS

The purpose of this application proposal is to secure planning permission for the change of use of part of the agricultural grazing land within the demise of Kylemore House to a residential garden.

There are no relevant policies that deal with the proposed change of use of the land from agricultural to residential use. As such the application proposal needs to be tested against other relevant material considerations and policies.

As the application site falls within the lower grade classifications of agricultural land, the proposed change of use of this land will not adversely affect the quantum of good quality agricultural land within this part of Wiltshire.

The planning history for Watson Fuels and Causeway Cottage have confirmed the positive approach the Council has taken to applications of this nature both for residential garden extensions and commercial extensions. There have been no material changes in circumstances since these permissions were granted to warrant an alternative approach to the proposed change of use of the land adjacent to Kylemore House.

The proposed boundary treatment is of a high quality and responds to the rural character of this part of Brinkworth and the landscape boundary of Watson Fuels. It will link the new garden to the backdrop of trees and hedges along the ridge, will provide a positive enhancement to local visual amenity and integrate the proposed garden area within the overall landscape setting. As such it is considered there would not be any harm to the rural character of the area or immediate landscape.

There would be no adverse impacts on neighbour amenity or privacy as a result of the change of use of the land to a garden. The distances between properties are extensive, which combined with the proposed boundary treatment, will ensure privacy whilst being sensitive to the locality.

The proposed change of use of land is, where relevant, policy compliant and accords with other relevant material considerations. As such, and in accordance with the requirements of the NPPF, there is a strong presumption in favour of the grant of planning permission.

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