Committee and Date Item/Paper

North Planning Committee (Oswestry) 9 29th March 2011 Public

Development Management Report

Application Number: 11/00213/OUT Parish: Oswestry Rural

Grid 325922 - 325407 Ref:

Proposal: Outline application for the erection of a detached dwelling to include means of access and layout

Site Address: Land Adjacent To The Lazy Acre Treflach Oswestry Shropshire SY10 9HF

Applicant: Mr And Mrs HT And R M Powell

Case Officer: Robert Bennett email: [email protected]

1.0 THE PROPOSAL 1.1 This is an outline application for a single dwelling, a new access and a garage or two parking spaces at Lazy Acre, Treflach. No details of the appearance of the dwelling or garage are provided although the Design and Access Statement and the layout plan describe a three bed dormer bungalow. It would be 12m wide and 8m deep. The garage would be roughly 6m square. Drainage would be to the main sewer and the access would be directly onto the Trefonen Road some 12m south of the northern boundary of the site.

2.0 SITE LOCATION/DESCRIPTION 2.1 The application site is formed from the northern half of the side garden of Lazy Acre. It is roughly triangular in shape, measuring 17m at its deepest (southern) end and 7m at its narrowest (northern) end. It is 37m long. It is at the heart of the village and has residential properties all around. Offa’s Dyke, a scheduled ancient monument, runs the length of the rear boundary which is marked by a new 2m high timber fence and there are open fields behind.

3.0 RECOMMENDATIONS 3.1 That planning permission be refused

4.0 REASON FOR COMMITTEE DECISION

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

4.1 The Local Member has asked for the application to be determined by the Planning Committee.

5.0 RELEVANT PLANNING HISTORY 5.1 05/13808 – Demolition of garage and erection of two storey extension. 09/Outline application for dwelling – withdrawn. 10/02710 – Outline application for detached dwelling – refused on the grounds that a dwelling would have an adverse impact on the setting and character of Offa’s Dyke.

6.0 CONSULTEE RESPONSES 6.1 Parish Council – The Parish Council would like to be informed of the date and time of any site meeting that takes place. Asks that the proximity and possible damage to Offa’s Dyke is assessed.

Drainage – Details of surface water disposal arrangements, including recycling, must be conditioned.

Highways – No objection subject to improvements to the access. Recommends conditions.

SFRS – Adequate access must be provided for emergency vehicles. Offers advice on sprinkler systems.

Public Protection – The site is within 60m of an infilled quarry and there is a possibility of ground gas contamination. Recommends conditions requiring investigation of contamination and a treatment strategy.

English Heritage – Recommends that planning permission be refused. The application fails to appreciate the importance of Offa’s Dyke, an internationally significant archaeological monument and landscape feature. The development will have an impact on the setting and archaeology of the Dyke.

7.0 PUBLIC REPRESENTATIONS 7.1 One resident has indicated that he would prefer a “single storey” bungalow to be built or the sketch proposals to be altered so that the bedroom facing Oakside faces the rear. Seeks protection of the dyke and hedge on the land.

8.0 PLANNING POLICY 8.1 Central Government Guidance: PPS 5 – Planning for the Historic Environment

8.2 West Midlands Regional Spatial Strategy Policies:

8.3 Oswestry Borough Local Plan / Shropshire Core Strategy: Policy HE 13 – Archaeological Remains of National Importance Policy HE 14 – Archaeological Sites of Regional or Local Importance CS 1 – Strategic approach CS 4 – Community hubs and clusters

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

CS 6 – Sustainable design and development principles CS 11 – Type and affordability of housing

9.0 THE MAIN ISSUES  The principle of development.  Design, scale and character of the proposed dwelling  The impact on the setting and archaeology of Offa’s Dyke  Impact on the neighbouring properties  Highway safety

10.0 OFFICER APPRAISAL 10.1 Principle of Development 10.1.1 The application site is within the settlement boundary for Treflach and residential development is acceptable in principle.

10.2 Design, Scale and Character 10.2.1 The actual design, scale and character of the proposed dwelling are reserved for approval at detailed stage. However this is a small restricted site due to its triangular nature and there is only one example close by of a similarly small site.

10.3 Impact on the setting and archaeology of Offa’s Dyke Scheduled Ancient Monument

10.3.1 Outline planning permission for a dwelling on this land was refused last year on the recommendation of English Heritage because it was considered the development would have an adverse impact on the setting and character of Offa’s Dyke. The current application seeks to address those concerns and the agent argues strongly that the views promulgated by English Heritage (and the Council) are inconsistent and do not amount to a cogent and defensible objection to the development. The agent’s view is that the value of the Dyke as a historic and landscape feature varies considerably over its length and that in this area it is negligible with adjacent sections obliterated by a car park, highway and residential development. It is not a landscape feature and its archaeological and historic significance are not readily apparent to the public. In fact it is obscured by undergrowth which has grown to form a substantial hedgerow along the entire rear site boundary. Given that the Dyke cannot be interpreted because of its modest scale and the undergrowth he asks what interests will be prejudiced if it is partially obscured by a new dwelling. He also points out that few people walk past the site anyway (Offa’s Dyke long distance footpath is half a mile away) and that in reality the development proposed will open up views of the Dyke as the access is improved/created. To illustrate the limited public benefit accruing from the Dyke here he points out that the “open character” cannot be permanently preserved anyway because neither the Council nor English Heritage control the land in front of it. To illustrate this point a 2m fence has already been erected that completely obscures views of the Dyke along the rear of the plot. If permission is granted this fence could be removed by agreement and he suggests that future occupiers would possibly be happy to allow interested parties to view the Dyke from the garden. Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

10.3.2 Addressing the concerns about damage to the archaeology surrounding the Dyke the Agent points out that the development proposed will not affect the superstructure of the Dyke but will in fact provide an opportunity to undertake below ground investigations when the foundations are laid in the same way that they were undertaken when the house next door was built. That development has been completed and he suggests there is little evidence of the attendant earthworks that English Heritage identify in their consultation response. He says it is similar to the application site where the Dyke cannot in any respect be regarded as an example of good heritage management. He therefore asks that planning permission be granted. (The agent’s comments are available to view in full on the file). In response English Heritage have stated that the agent’s comments indicate a fundamental misunderstanding of the approach to archaeology and a failure to appreciate the value and nature of an internationally significant archaeological monument and landscape feature.

10.3.3 They point out that Offa’s Dyke is the largest, most impressive and most complete purpose built medieval monument in Western Europe. It is the largest civil engineering project ever undertaken by an Anglo Saxon state and the most impressive Anglo Saxon monument to now survive in the United Kingdom. It was built to define the cultural and political border between the Anglian King Offa’s Midland centered kingdom of Mercia and the native British peoples in what is now Wales. Its character today is derived from its survival as a linear monument, readily discernable within the rural landscape of the Welsh borders.

10.3.4 Although understanding the agent’s disappointment at being prevented from developing a site within the settlement boundary English Heritage’s view is that buried archaeology relating to the Dyke is very likely to survive within the development area and that this must be borne in mind when considering the planning application. The fact that some of the above ground earthworks have previously been removed does not mean that the Dyke has been “obliterated” and is not worthy of continuing protection. Similarly the presence of the timber fence, although a temporary screen, does not mean that in overall long term management terms development as proposed, so close to the Dyke, is appropriate. It is still a clear earthwork when viewed from the east and when viewed from the west is still a visually significant feature. The applicant has not provided convincing evidence that would justify the development and notwithstanding the arguments put forward demeaning the Dyke in this area it is archaeologically significant and should be protected.

10.3.5 PPS5 at Policy HE9.2 advises that where an application will lead to substantial harm to a designated heritage asset such as a scheduled ancient monument, the application should be refused unless it can be demonstrated that:  the substantial harm is necessary in order to deliver substantial public benefits that outweigh that harm or loss: or  the nature of the heritage asset prevents all reasonable uses of the site.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

and  no viable use of the heritage asset itself can be found in the medium term that will enable its conservation and  conservation through grant funding or some form of charitable or public ownership is not possible and  the harm to or loss of the heritage asset is outweighed by the benefits of bringing the site back into use.

10.3.6 It is concluded that the proposal fails to meet these criteria as the provision of a single dwelling in this location will not lead to substantial public benefits and the harm to the heritage asset is outweighed by any benefit that might arise from this development. In addition, the proposal does nothing to preserve the setting of the heritage asset or better reveal the significance of the monument, contrary to PPS Policy HE10.

10.3.7 As mentioned above, this is a small restricted site. The implications of the proximity of development in relation to the scheduled ancient monument would therefore indicate that its development would not be directly comparable to the small site recently developed on the opposite side of the road and greater weight must be given to the presence of the monument.

10.4 Impact on neighbouring properties 10.4.1 The actual design of the proposed dwelling is not known at this stage but a dormer bungalow could be built that would not impact on the neighbours.

11.0 CONCLUSION 11.1 The site is within the settlement boundary and residential development is acceptable in principle. Similarly the plot is large enough to accommodate a reasonable dwelling. However a development so close to Offa’s Dyke would have major implications for the setting of the Dyke and would result in significant earthmoving work and excavations that would destroy its archaeology. This is contrary to Government advice and contrary to the requirements of Policies HE 13 (Archaeological Remains of National Importance) and HE 14 ((Archaeological Sites of Regional or Local Importance) of the adopted Oswestry Borough Local Plan ; Policy CS 6 (Sustainable Design and Development Principles) of the Shropshire Local Development Framework and PPS5 PoliciesHE9.2 and HE10 and should be refused.

LIST OF BACKGROUND PAPERS:

HUMAN RIGHTS

Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

development of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

Environment Appraisal N/A Risk Management Appraisal N/A Community / Consultations Appraisal See File Member Champion Mal Price Local Member Joyce Barrow Appendices

Reason for refusal

1. No clear and convincing evidence has been provided to justify the development which will result in substantial harm to the setting of Offa's Dyke, a scheduled ancient monument and will potentially damage buried archaeology relating to the Dyke contrary to the advice in Planning Policy Statement 5, Policies HE13 and HE 14 of the Oswestry Borough Local Plan and Policy CS 6 in the Core Strategy of the Shropshire Local Development Framework.

Contact: Edwina Smart on 01691 677264 North Planning Committee (Oswestry): 29th March 2011

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Contact: Edwina Smart on 01691 677264