Planning Committee Report 15 February 2017

REPORT SUMMARY

REFERENCE NO - 16/07163/FULL APPLICATION PROPOSAL Relocation of tennis court ADDRESS Land At Snow Hill, Colliers Green Road, Cranbrook, TN17 2LS RECOMMENDATION Grant subject to conditions (see section 11.0 for full recommendation) SUMMARY OF REASONS FOR RECOMMENDATION - The proposal is acceptable in principle. - There would not be any significant adverse impact upon occupants of neighbouring properties. - The scale, location and design of the development would preserve the character and appearance of the rural landscape INFORMATION ABOUT FINANCIAL BENEFITS OF PROPOSAL The following are not considered to be material to the application: Contributions (to be secured through Section 106 legal agreement/unilateral undertaking): n/a Net increase in numbers of jobs: n/a Estimated average annual workplace salary spend in Borough through net increase in numbers of jobs: n/a Estimated annual council tax benefit for Borough: n/a Estimated annual council tax benefit total: n/a Annual New Homes Bonus (for first 6 years): n/a Estimated annual business rates benefits for Borough: n/a

REASON FOR REFERRAL TO COMMITTEE The agent was an employee of Council in the last three years

WARD & PARISH/TOWN COUNCIL APPLICANT Mr T Jones Cranbrook Cranbrook And AGENT Mr Sam Finnis Parish Counci DECISION DUE DATE PUBLICITY EXPIRY DATE OFFICER SITE VISIT DATE 06/03/17 02/02/17 17/11/16 RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining sites):

04/00675/FUL Tennis court Granted 16.04.2004

Other relevant planning history on site

The Green Shed

Planning Committee Report 15 February 2017

16/06932/FULL Conversion of a redundant storage Consideration N/A building (previously permitted for pending residential use) for use as a single dwelling, and associated alterations

15/507785/PNP Prior notification for the change of Granted 10.11.2015 use of a building to a dwellinghouse.

The Black Barn

15/510145/PNP Prior notification for the change of Granted 22.01.2016 use from storage or distribution building and any land within its curtilage to dwellinghouse.

16/07070/FULL Proposal: Conversion of a Consideration N/A redundant storage building pending (previously permitted for residential use) for use as a single dwelling, and associated alterations

Other buildings on site

03/00883/FUL Single-storey garage block with Granted 07.05.2003 office

02/01861/AGRIC Article 3 submission - Demolish Planning 16.08.2002 tractor shed and replace with two permission storey garage/store/office required

97/01307/FUL Conversion of redundant farm Granted 24.09.1997 building to form granny annexe

91/01449 Conversion of redundant farm Granted 31.01.1992 building to form granny annexe

MAIN REPORT

1.0 DESCRIPTION OF SITE

1.01 The application relates to an existing tennis court and land to its north east which is located within a rural area between and Cranbrook within a group of former farm buildings and a dwelling. The site has been in a mixed use and the open land around it has been planted with trees, giving it a parkland character and separating it from the agricultural fields within the wider ownership of the applicant. There is currently a long concrete drive from Colliers Green Road which serves the application site and the rest of the small complex of buildings including the main dwelling of Snow Hill.

1.02 The tennis court is adjacent to the two storage buildings which are currently the subject of planning applications to convert them into residential units (16/06932 and 16/07070). The site is partly residential in character with the main dwelling known as Snow Hill located to the south and the area around the tennis court has been used

Planning Committee Report 15 February 2017

for purposes in connection with neighbouring storage buildings. The tennis court is not considered to be within the residential curtilage of Snow Hill.

1.03 The existing tennis court is set on a level surface with a green wire fence around the court to a height of 2.75m. There are no flood lights and there is an area of hard standing to the south west. The surrounding land has a very gentle slope up towards the north east.

1.04 The application site is outside the Limits to Built Development (LBD). There is a Public Right of Way (Footpath WC82A) which runs in a north east direction parallel to highway off from the access to the site and then turns through an approximately 90° angle and moves in a south east direction approximately 180m to the north east of The Green Barn.

2.0 PROPOSAL

2.01 The application is to relocate the existing tennis court further north east into the site by 25m. The court would have a 2.75m high perimeter fence and the surface would be porous macadam tennis surface.

2.02 The proposal would include some changing of levels to the north east end of the court where the land level increases. This would result in some ‘cut and fill’ at the south western end the tennis court would be approximately 0.6m above the surrounding land level, and approximately 0.6m below the adjacent land level at the north eastern end. This would involve small retaining walls, up to 0.6 metre in height. As a result, the tennis court would be approximately 0.6 metre above the finished level of the existing court.

2.03 The proposal also includes the removal of 5 trees including 2 Silver Birch, a Rhododendron, a Cockspur Thorn and a Prunus.

3.0 SUMMARY INFORMATION

Existing Proposed Change (+/-) Site Area 528 sq m 528 sq m No change Length 33m 33m No change ³ Width 16m 16m No change Fencing height 2.75m 2.75m No change Distance from Green Shed 3m 7m +4m Max height of retaining none 0.6m +0.6m wall

4.0 PLANNING CONSTRAINTS

Outside Limits to built development (LBD)

Public Right of Way Public Footpath - WC82A (runs in a north east direction parallel to highway off from the access to the site and then turns through a 90° angle and moves in a south east direction approximately 182m to the north east of The Green Barn.

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Colliers Green Road is a designated Rural Lane.

5.0 POLICY AND OTHER CONSIDERATIONS

The National Planning Policy Framework (NPPF) 2012 National Planning Practice Guidance (NPPG) 2014

Tunbridge Wells Borough Core Strategy 2010

Core Policy 1: Delivery of Development Core Policy 4: Environment Core Policy 5: Sustainable Design and Construction Core Policy 14: Development in the Villages and Rural Areas

Tunbridge Wells Borough Local Plan 2006

Policy LBD1: Development outside the Limits to Built Development Policy EN1: Development Control Criteria Policy EN25: Development Control Criteria for all development proposals affecting the rural landscape

Site Allocations Local Plan, July 2016

Tunbridge Wells Borough Council Supplementary Planning Documents/Guidance:

Borough Landscape Character Area Assessment 2002: Second Edition adopted October 2011

Rural Lanes SPG

6.0 LOCAL REPRESENTATIONS

6.01 A site notice was put up on site on 17 November 2016.

6.02 No representations have been received

7.0 CONSULTATIONS

Cranbrook Parish Council 7.01 (06/12/16): The Parish Council recommends approval

TWBC Tree Officer 7.02 (08/12/12): No objections as tree are small/young. Recommend condition for additional screening/replacement trees.

8.0 APPLICANT’S SUPPORTING COMMENTS (SUMMARISED)

8.01 The relocation of the tennis court as proposed would not cause significant harm to the residential amenities of the adjoining future occupiers and would respect the context of the site and would not result in loss of features important to the character of the landscape in line with Policies LBD1, EN1 and EN25 of the Local Plan 2006 and Policies CP4, CP5 and CP14 of the Core Strategy 2010.

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8.02. The use of the tennis court has an ancillary relationship to Snow Hill at Littledale Farm and as with the earlier approval no floodlighting is proposed and this can be secured through the use of an appropriately worded planning condition.

9.0 BACKGROUND PAPERS AND PLANS

Application form Site location plan Proposed site plan Proposed section/levels Supporting Statement

10.0 APPRAISAL

10.01 It is considered that the key issues are:

- Principle of the development. - Impact on visual amenity and rural landscape (AONB). - Residential amenity.

Principle of Development

10.02 The site is within the open countryside, outside the defined LBD of any settlement. In this location, new development is only acceptable if it is in accordance with an adopted relevant policy of the Development Plan. There is no specific policy which is supportive of tennis courts outside the residential curtilage of a dwelling. It would therefore be considered in the light of general policies applicable to development in the countryside, in particular Policy EN25 of the Local Plan.

10.03 It is a material consideration that planning permission has previously been granted for a tennis court and a tennis court has been constructed on the site. This proposal is for a replacement tennis court sited further to the east and at a slightly higher land level. The main consideration is therefore whether this will cause any greater harm than the existing tennis court.

Impact on visual amenity and the rural landscape

10.04 Policy EN25 provides general criteria to be applied to proposals affecting the rural landscape. The most relevant considerations applicable to this proposal are criteria 1 and 4. Proposals should have only a minimal impact on the landscape character of the locality, and any new buildings (or structures), should be located adjacent to existing buildings or be well screened by existing vegetation.

10.05 In terms of the impact upon the character and appearance of the locality, while the tennis court is not within the residential curtilage of the property, it would partly overlap the site of the existing tennis court. Its new siting would still be close to existing development at the site, with the Green Shed (the subject of a separate application on this agenda) located to the west, and the main cluster of buildings at Snow Hill approximately 45 metres to the south west. It would not represent an incursion into open agricultural land as this part of the site has a parkland character and is fairly enclosed. The land rises towards the north east, with the proposed tennis court being partly set into the land levels. This would help to reduce its impact

Planning Committee Report 15 February 2017

on the wider landscape. Overall, the tennis court would be seen within the context of the developed part of the site and not as an isolated development.

10.06 The most visible element of the proposal is likely to be the fencing. It is proposed that the existing 2.75 metre high wire mesh would be re-used. The court would be well screened from further views in the countryside due to the mature hedging to the boundaries in the north east and from the existing buildings to the west; in addition there are a number of existing trees on site which will also help with screening.

10.07 Some excavation and infill would occur to allow the creation of a flat surface for the court. Whilst these works are relatively minor it is acknowledged that any incursion into the landscape would some degree of harm. In this case however the area is well screened by existing hedging and planting and storage buildings and the ground works would not be visible in the public realm or from longer distance views in the landscape, despite the slight increase in the level of the court when compared with the existing situation.

10.08 There is a public footpath located to the north and north/east of the site which is between 160-300m away. It is considered that due to the distance and the existing hedgerow and tree planting to the north and east of the area of land around the tennis court, the proposal would not be overly visible from the public footpath.

10.09 The relocation of the tennis court would involve the removal of five trees on the site. Following discussions with the Council’s Tree Officer it is considered that their removal would not have a detrimental impact on visual amenity of the area due to their relatively young age and location. However it was recommended that additional screening be required, therefore a condition for additional trees to be placed has been included.

10.10 No details have been provided with regards to the restoration of area of the existing tennis court which is to be removed. Therefore a condition is proposed requiring details of how the land will be treated once the court has been removed. The existing tennis court is subject to a condition preventing the use of flood lights. A similar condition is recommended for this application, in the interests of visual amenity.

10.11 Overall it is considered that the proposed tennis court would cause minimal harm to the landscape character and appearance of the countryside, and has been located close to existing structures where it screened by the topography and existing vegetation. The screening can be reinforced by replacement planting which can be secured by condition.

Residential Amenity

10.12 There are no close residential properties which would be affected by the proposal.

10.13 It is noted that the two storage buildings to the north and west of the proposed tennis court have planning permission for a change of use to residential and current applications for external alterations to allow the conversions to take place. It is considered that the new location of the tennis court would have a reduced impact on both properties as it would be sited further away than the existing tennis court. While the new location of the tennis court would be adjacent to the rear residential curtilage of the Green Shed, due to the nature of the proposal and that the fencing would be visually permeable it would not have a significant impact in terms of loss of light, loss of outlook or loss of privacy.

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Conclusion

10.14 Overall, it is considered that the proposal is acceptable, although it is outside any residential curtilage. It is not in an isolated position and its impact on the wider landscape is limited by land levels, existing trees and hedges and neighbouring buildings.

11.0 RECOMMENDATION – GRANT Subject to the following conditions

(1) The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

(2) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

Proposes site plan and landscape management, drawing number 02 Sectional details, drawing number S-01

Reason: To clarify which plans have been approved

(3) The development shall be carried out in accordance with the details of external materials specified in the application which shall not be varied without the prior written permission of the Local Planning Authority.

Reason: In the interests of visual amenity

(4) Before construction of the tennis court hereby approved full details of hard and soft landscape works shall been submitted to and approved in writing by the Local Planning Authority. These details shall include:

a) Details of all existing trees, hedges and blocks of landscaping on and immediately adjacent to, the site and indicate whether they are to be retained or removed. It shall detail measures for protection of species to be retained and include a planting specification, a programme of implementation and a 5 year management plan. The landscape scheme shall specifically address the need to provide additional planting to the north east and south east to screen the new tennis court and shall be maintained thereafter.

b) A scheme to restore the site of the former tennis court, which shall include the removal of the level area and the creation of ground levels similar to the natural ground level either side of the court.

Thereafter, the approved landscaping scheme shall be carried out fully within 12 months of the completion of the development. Any trees or other plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written permission to any variation.

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Reason: In order to protect and enhance the amenity of the area

(5) A landscape scheme designed in accordance with the principles of the Council's landscape character guidance shall be submitted to local planning authority before construction of the tennis court hereby approved. The scheme shall show all existing trees, hedges and blocks of landscaping on and immediately adjacent to, the site and indicate whether they are to be retained or removed. It shall detail measures for protection of species to be retained and include a planting specification, a programme of implementation and a 5 year management plan. The landscape scheme shall specifically address the need to provide additional planting to the north east and south east to screen the new tennis court and shall be maintained thereafter.

Reason: No such details have been submitted and to ensure a satisfactory setting appearance to the development.

(6) No external flood lighting shall be installed on the site.

Reason: In the interests of visual and residential amenity.

(7) No development shall commence until details of the existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. These shall include the proposed slab level of the new tennis court and cross sections showing the proposed works to create the level surface (including details of any retaining structures). The development hereby approved shall then be constructed in accordance with the approved details and no other alterations to levels, other than those indicated on these approved plans, shall take place within the site without the prior written planning permission of the Local Planning Authority.

Reason: In the interests of visual amenity and residential amenity. This is a pre- commencement condition as land levelling and creation of the access are likely to be the first operations carried out on site and will be difficult to amend if the details are unacceptable.

Case Officer: Charlotte Oben

NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.