Knayton With Brawith Committee Date : Officer dealing : Mr A J Cunningham Target Date: 16 April 2013 13/00367/FUL

Proposed tennis court and perimeter fence as amended by plan received by Council on 10 April 2013. at Old Hall North YO7 4AU for Mr M Williamson.

1.0 PROPOSAL AND SITE DESCRIPTION 1.1 This application seeks planning consent for the construction of a tennis court and perimeter fence to the rear (eastern) elevation of the detached dwelling of Old Hall, Knayton. The works would be sited adjacent the southern boundary of the domestic curtilage bordering Hall Garth outside of the Conservation Area.

1.2 Additional and amended information has been received on 27 March 2013 and then superseded by further information on 10 April 2013. This has responded to representations made on behalf of the occupiers of Hall Garth and clarified the extent of tree removal, the differing levels about the site and the separation distance to the southern boundary of the domestic curtilage.

1.3 The proposed tennis court and perimeter fence would be positioned in place of a predominantly grassed area with semi mature tree specimens. The perimeter mesh fence would extend to a height of approximately 2.7m and be coloured green. The court itself would be formed of coloured porous macadam and would measure approximately 32.2m x 16.1m. The applicant is not proposing any permanent lighting about the court. The proposed tennis court and associated fencing would be inset into the descending land to allow for a level court surface.

1.4 The southern boundary of the domestic curtilage to Hall Garth is formed of a stone wall extending to a height of approximately 2.5m.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY 2.1 09/03554/CAT - Proposed works to a Beech tree; Granted 2009.

2.2 11/02062/FUL - Alterations and extensions to existing dwelling; Granted 2011.

2.3 12/01780/CAT - Proposed felling of Beech tree; Granted 2012.

2.4 12/02261/CAT - Proposed works to 3 trees; Granted 2012.

2.5 12/02453/FUL - Construction of a detached garage; Granted 2013.

2.6 13/00279/CAT - Proposed works to fell 13no Leylandii trees; Application Returned 2013.

2.7 There is no enforcement history.

3.0 RELEVANT PLANNING POLICIES: 3.1 The relevant policy of the Development Plan and any supplementary planning policy advice are as follows;

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP17 - Promoting high quality design Development Policies DP1 - Protecting amenity

Dcreport-07 Development Policies DP32 - General design National Planning Policy Framework - published 27 March 2012

4.0 CONSULTATIONS 4.1 Parish Council; expired 18.03.2013 - No responses received as at 16.04.13.

4.2 Environmental Health - 1st response: 'no objections or recommendations to make with regard to the application'. 2nd response (to representations made): 'no further comments'.

4.3 Neighbours notified and site notice posted; expired 27.03.2013 - One response received in summary concerning the removal of the trees and adverse impact on the amenity of the occupants of Hall Garth by way of noise and disturbance.

4.4 Press Advert; Published: 08.03.13; Expired: 01.04.13 - No responses received as at 16.04.13.

5.0 OBSERVATIONS 5.1 The main planning issues to take into account when considering this application relate to the impact of the proposed tennis court and perimeter fence on the visual amenity of the surrounding area and any impact on neighbour amenity.

5.2 The proposed tennis court and perimeter fence would be well placed about the domestic curtilage at Old Hall and the screening afforded by adjacent boundary treatment and curtilage structures, and its overall design would not give rise to an adverse impact on the visual amenity of the locality. The loss of trees within the domestic curtilage on the site of the proposed tennis court is recognised, however given their species and condition and positioning in relation to the surrounding settlement pattern, an adverse visual impact would not arise. The applicant correctly highlights that the trees are outside of the Knayton Conservation Area and are not protected by Tree Preservation Orders. The representations received on behalf of the occupiers of Hall Garth are noted as is the positioning of the court and fence, its proximity to Hall Garth, the adjacent boundary treatment, and the proposed domestic and not commercial use of the proposed development. The applicant is also aware of how a tennis court and fence could be constructed on site within permitted development rights. The Local Planning Authority also recognise the domestic activities that could take place within the area of domestic curtilage proposed for development without the need for planning permission, and which could potentially have an adverse impact on neighbour amenity in their own right. Taking this into account, along with both responses from the Council's Environmental Health team, the works are not considered to adversely impact neighbour amenity.

5.3 Having taken the above into account it is considered that the proposed works would accord with the policies of the Hambleton Local Development Framework. Hence this application is recommended for approval.

SUMMARY

The proposed development would not be detrimental to the residential and visual amenities of the neighbouring properties and the surrounding area. The proposal accords with the policies set out in the Local Development Framework and is therefore considered acceptable.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Dcreport-07 6.0 RECOMMENDATION:

6.1 That subject to any outstanding consultations the application be GRANTED subject to the following condition(s)

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

2. The permission hereby granted shall not be undertaken other than in complete accordance with the drawings and details received by Hambleton District Council on 18 February 2013 as amended by the drawing and details received by Hambleton District Council on 10 April 2013 unless otherwise agreed in writing by the Local Planning Authority.

3. No external lighting shall be installed other than in complete accordance with a scheme that has previously been approved in writing by the Local Planning Authority.

The reasons for the above conditions are:-

1. To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Development Plan Policy(ies) CP1, CP17, DP1 and DP32.

3. In order that the Local Planning Authority can consider the impact of the proposed lighting scheme and avoid environmental pollution in accordance with Local Development Framework Policies CP1 and DP1.

Dcreport-07