Case Officer's Report
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CASE OFFICER'S REPORT Application Reference: 16/07389/FUL Date of Inspection: 18/08/2016 Date site notice posted: 18/08/2016 Date of press notice: n/a PLANNING PROPOSAL The application relates to 323 Quemerford which is one of a pair of semi-detached bungalows situated along a private lane just of the A4 through Quemerford, near Calne. Retrospective permission is sought to change the use of an area of land to the rear of the property from agricultural to residential garden. The area of land is approximately 0.45acres. POLICIES National Planning Policy Framework (NPPF): Paragraphs 14 and 17 Section 7: Requiring Good Design Section 11: Conserving and Enhancing the Natural Environment Wiltshire Core Strategy Core Policy 51: Landscape Core Policy 57: Ensuring High Quality Design and Place Shaping ISSUES The principal considerations in the determination of this application are: The impact of the proposal on the surrounding rural landscape. The impact of the proposal on the residential amenities of surrounding properties. REPRESENTAT IONS Calne Town Council: Commented as follows – Members felt unable to make an informed decision on the basis of the information supplied. Members resolved to delegate authority to the case officer at Wiltshire Council. Neighbour Consultation: 7 letters were received following the neighbour consultation. 6 letters (from 5 neighbours) were in favour raising the following points - The piece of land is currently tidy and well maintained Current use of land maintains open views for neighbours Applicants are growing food in a sustainable way Hi-lighted a lack of allotments in the town making reference to the council waiting list One letter of objection raised the following points - Approval would set precedent for other similar change of use applications Outbuildings could spread across site Character of the countryside should be preserved Loss of agricultural land ASSESSMENT Principle of development Core Policy 57 of the WCS requires a high standard of design in all new developments through, in particular, enhancing local distinctiveness, retaining and enhancing existing important features, being sympathetic to and conserving historic buildings and landscapes, making efficient use of land, and ensuring compatibility of uses. Core Policy 51 is also relevant as it requires that development should not cause harm to the locally distinctive character of settlements and their landscape setting. Whilst residential incursions into the open countryside are generally not permitted due to the resultant impact on the character of the countryside, limited extensions are permissible providing they are not harmful to the landscape character. The proposed garden area in this case extends along the existing rear residential boundaries of 331, 333, 335, 337 & 339 Quemerford. It also wraps around the rear and side of 321 Quemerford. The resultant residential curtilage would not project any further into the countryside than the well established residential curtilage of no 307 to the south of the application site. The site is not within an area of special importance or interest such as an Area of Outstanding Natural Beauty (AONB) or National Park and so the proposed change of use would not result in a loss of ‘designated’ open countryside. It is ho wever still important to protect valued landscapes and to prevent the erosion of the landscaped setting of settlements such as Calne and Quemerford. In this case, given that the proposed garden area does not extend beyond the line of other established residential boundaries in the immediate vicinity, it is not considered that the use proposed wo uld be visually prominent wi thin the wider landscape or have an adverse impact on the rural character of the area. Similarly, due to its nature, it is considered that the proposal would be unlikely to have a significant impact on the amenities enjoyed by occupiers of nearby dwellings. Consideration has to be given as to whether to remove permitted development rights for buildings/structures and for the storage of machinery and/or materials that could otherwise harm the visual amenity of the area. In this case it is considered that, in order to maintain a natural buffer between the properties and the agricultural land to the north and to prevent the proliferation of built development and associated paraphernalia encroaching into the open countryside, it wo uld be reasonable to include these restrictive conditions. Loss of Agricultural Land The NPPF expects local planning authorities to take into account the economic and other benefits of the ‘best and most versatile agricultural land’. Paragraph 112 confirms that where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. The Agricultural Land Classification (ALC) provides a method for assessing the quality of farmland to enable informed choices to be made about its future use within the planning system. The ALC system classifies land into five grades. The Agricultural Land Classification system classifies land into five grades, with Grade 3 subdivided into Sub-grades 3a and 3b. The best and most versatile land is defined as Grades 1, 2 and 3a. The land related to this application is classified as Grade 3. In this case, the area of land has been maintained separately as a paddock since 2009. Whilst it is still classified as Grade 3 agricultural land, the area is not considered to be large enough to result in the loss of viability of the remaining agricultural land adjoining the site. Neighbour representations Several letters of support from nearby residents were received and a petition including 9 signatures was also submitted in support of the application. Many commented that the site was well maintained and made a positive contribution to the appearance of the area. Some also mentioned that using the land for growing fruit vegetables was a sustainable practice that should be encouraged making reference to the lack of allotments being available in the town. The amount of local support is acknowledged in this case although, whilst the multiple uses of land such as for sustainable food production is supported by the NPPF, the main consideration in this case is the appropriateness of the land to be us ed as a garden in the long term. This must take into account that the ownership of the property and land could change at any time. Planning po licies must be applied on the basis that the land is to be retained as a domestic garden which may or may not include an element of home grown food production. One letter of objection was received raising concern that the proposal, if allowed, would set a precedent for other similar ‘change of use’ applications. This is no t the case as all applications wo uld be determined on their own merits. The principle of development, site constraints and specific impacts of any proposed development on the character of the surrounding area will always be considered on a case by case basis. The letter also expressed concern at the loss of agricultural land which has been addressed in the above sections of this report. Reference was also made to the prospect of permitted development on the land that would automatically allow outbuildings and structures that could be harmful to the countryside character of the area. As mentioned above, this issue could be controlled with the inclusion of restrictive conditions. Conclusion The local planning authority, has determined this application in accordance with the development plan, unless material considerations indicated otherwise. The development is considered to be acceptable on its planning merits and in accordance with relevant planning policy. Having regard to all other matters raised, planning permission should be granted subject to the conditions below. RECOMMENDATION: Approve with Conditions nditions 1 The development hereby permitted shall be carried out in accordance with the following approved plans: Site/Location Plan (received 29 July 2016) REASON: For the avoidance of doubt and in the interests of proper planning. 2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no buildings or structures, hard surface, or gate, wall, fence or other means of enclosure shall be erected or placed anywhere on the site outlined in red on the approved plans. REASON: To safeguard the character and appearance of the area. 3 No materials, goods, plant, machinery, equipment, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside anywhere on the site outlined in red on the approved plans. REASON: In the interests of the appearance of the site and the amenities of the area. 4 INFORMATIVE TO APPLICANT: Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Lo cal Planning Authority before commencement of work. 5 INFORMATIVE TO APPLICANT: The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996. 6 INFORMATIVE TO APPLICANT: Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.