(FULL PLANNING APPLICATION) Proposal: CONVERT STABLE A
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DEVELOPMENT MANAGEMENT COMMITTEE - 17 DECEMBER 2018 Case No: 18/00704/FUL (FULL PLANNING APPLICATION) Proposal: CONVERT STABLE AND BARN DETACHED BUILDING INTO A RESIDENTIAL PROPERTY Location: HALL FARM, HALL LANE, TILBROOK, HUNTINGDON Applicant: ARAGON HOMES (MR AND MRS STRONG) Grid Ref: 508235 270122 Date of Registration: 03.04.2018 Parish: TILBROOK RECOMMENDATION - APPROVE This application is referred to the Development Management Committee as the proposed development represents a departure from the Development Plan and the recommendation of refusal from Tilbrook Parish Council conflicts with the Officer recommendation of approval. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 This application relates to a complex of detached former farm outbuildings (comprising a main stable block, outside store, lean-to shelter, garden store, and two storey cart store incorporating a ground floor tack room and first floor storage and accommodation) located approximately 40m northwest from The Hall, a detached dwelling which is positioned approximately 190m west of Hall Lane in Tilbrook. 1.2 The land slopes gently down toward the west of the application site. An established belt of trees forms the boundary to the west and north, with the boundary to the east defined by the proposed access from Hall Lane. The boundary to the south is not readily defined, with the rear amenity space of The Hall lying beyond. 1.3 The proposal is for the conversion of the existing outbuildings into a dwelling. 1.4 The application is supported by the following documents (all available via public access): • Design and Access Statement • Planning Statement • Protected Species Survey • Structural Survey 2. NATIONAL GUIDANCE 2.1 The National Planning Policy Framework (24th July 2018) (NPPF 2018) sets out the Government's planning policies for England and identifies three overarching objectives (economic, social and environmental) to be pursued in mutually supportive ways in order to contribute to the achievement of sustainable development. 2.2 Paragraphs 10 and 11 of the NPPF 2018 identify a presumption in favour of sustainable development. 2.3 NPPF 2018 replaced NPPF 2012 in July 2018. HDC submitted their Local Plan on 29 March 2018. Transitional arrangements are in place for Local Planning Authorities which submitted Local Plans for examination prior to the 29 January 2019 to ensure consistency. Accordingly, NPFF 2012 objectives and policies will continue to be relevant. For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities- and-local-government 3. PLANNING POLICIES 3.1 Saved policies from the Huntingdonshire Local Plan (1995) • EN17: Development in the Countryside • EN18: Trees, Woodlands, Hedges and Meadowland • EN20: Landscaping Scheme • EN22: Nature and Wildlife Conservation • EN24: Access Provision for the Disabled • EN25: General Design Criteria • H23: Housing Development Outside Environmental Limits • H31: Residential Amenity and Privacy Standards • T18: Access Requirements for New Development • T19: Pedestrian Routes for New Development 3.2 Saved policies from the Huntingdonshire Local Plan Alterations (2002) • HL5: Quality and Density of Development • HL10: Housing Provision 3.3 Adopted Huntingdonshire Local Development Framework Core Strategy (2009) • CS1: Sustainable Development in Huntingdonshire • CS3: The Settlement Hierarchy • CS10: Contributions to Infrastructure Requirements 3.4 Huntingdonshire's Local Plan to 2036: Proposed Submission 2017 (as amended March 2018 for submission) • LP1: Amount of Development • LP2: Strategy for Development • LP4: Contributing to Infrastructure Delivery • LP6: Waste Water Management • LP10: Small Settlements • LP11: The Countryside • LP12: Design Context • LP13: Design Implementation • LP15: Amenity • LP16: Surface Water • LP17: Sustainable Travel • LP18: Parking Provision and Vehicle Movement • LP26: Housing Mix • LP33: Trees, Woodland, Hedges and Hedgerows • LP35: Rural Buildings 3.5 The LPA consider the Local Plan to 2036 to be a sound plan and it was submitted for examination on the 29th March 2018. Footnote 22 of NPPF 2018 states during the transitional period for emerging plans submitted for examination (set out in paragraph 214 of NPPF 2018), consistency should be tested against the previous Framework published in March 2012. The plan has therefore reached an advanced stage and is consistent with the policies set out within the NPPF 2012. Given the transitional arrangements in place it is considered that if there is any tension between emerging policies and NPPF 2018 the previous framework policies will prevail. 3.6 Supplementary Planning Documents: • Huntingdonshire Design Guide Supplementary Planning Document 2017 • Huntingdonshire Landscape and Townscape Assessment 2007 Local policies are viewable at https://www.huntingdonshire.gov.uk 4. PLANNING HISTORY 4.1 None. 5. CONSULTATIONS 5.1 Tilbrook Parish Council: [comments attached] "Unanimously recommend refusal. The access shown for the development appears to be via a public footpath which, for about 90m of its length to the access point is not metalled and not suitable for vehicular traffic. However, should it be your decision that access via an unsurfaced public footpath is acceptable we would wish you to take into consideration the following. That portion of Hall Lane from its junction with Station Rd northwards which does have a metalled surface is, we understand, very poorly constructed and unlikely to support heavy vehicles. We feel that a condition survey of the Lane should be required of the builder/applicant before work commences and that the builder/applicant should be required to repair any damage to the road surface AND the verges before occupancy of the new dwelling is permitted". 5.2 Cambridgeshire County Council Highways: "… would advise the applicant to contact the highway authorities maintenance team for their requirements in order to allow vehicular access over the proposed non metaled element of the highway, this should be carried out in consultation with the rights of way team also to ensure that proposed is acceptable". 5.3 Cambridgeshire County Council Rights of Way: "…[no objection] on the basis that the rights of way are duly considered in the development process and specification types are agreed with this council". 5.4 Cambridgeshire Wildlife Trust: "…note that the buildings were found to be unsuitable for bats and the proposals are therefore unlikely to cause harm to this group of protected species. I agree with the recommendation for a sensitive lighting scheme to avoid disturbance to bats. Evidence of nesting birds was found and therefore works should be carried out outside the bird nesting season (March-August inclusive) to avoid disturbance to breeding birds. Should permission be granted, in order to provide a net gain in biodiversity, in line with local and national planning policy, the scheme should include provision of bird boxes such as the alternative swallow nesting sites as recommended, and/or inclusion of native species within landscaping". 6. REPRESENTATIONS 6.1 Two representations have been received, neither of which raises opposition to the principle of the conversion of the stables into a dwelling. However, concerns which centre upon the proposed access have been raised. Issues raised include: • There is no 'track' to 'make good'; • Grass footpath to a domestic driveway requires planning permission; • Hall Lane has no sub base and cannot be resurfaced - are CCC Highways happy with additional/construction traffic and potential damage? • Inaccurate plans with regard to boundaries around Hall Cottage; • Beyond Hall Cottage lies only a footpath - unsuitable for vehicles; • If planning is granted, a condition which requires a precondition survey of Hall Lane and to reinstate/repair verges on completion of construction; • Increase in traffic onto areas of road which are poor quality, should a Section 106 agreement be considered? 6.2 Officer response: The concerns expressed in the two representations are discussed in the relevant sections below. The occupiers of Hall Cottage have been contacted for further detail regarding the reported inaccuracy within the submitted plans in relation to the boundaries of Hall Cottage. At the time of writing, no further details have been received. The LPA must take submitted plans/certificates at face value and in good faith, however any update will be provided in the Late Reps document. 7. ASSESSMENT 7.1 The Planning and Compulsory Purchase Act 2004 (Section 38(6)) identifies that planning applications should be determined in accordance with the Development Plan unless material considerations indicate otherwise. This is reiterated within paragraphs 2, 11 and 47 of the NPPF. 7.2 Under section 70(2) of the Town and Country Planning Act 1990 when dealing with planning applications, the Local Planning Authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. 7.3 The development plan is defined in Section 28(3)(b) of the 2004 Act as "the development plan documents (taken as a whole) that have been adopted or approved in that area". 7.4 In Huntingdonshire the development plan consists of: • Saved policies from the Huntingdonshire Local Plan 1995 (Parts 1 and 2) • Saved policies from the Huntingdonshire Local Plan Alteration 2002 • Adopted Huntingdonshire Local Development Framework Core Strategy (2009) • Huntingdonshire West Area Action