Fontmell Magna

Application Type: Full Application Application No: 2/2017/1856/FUL

Applicant: Wandering Bull LLP Case Officer: Mrs Hannah Smith

Recommendation Summary: Approve

Location: Middle Farm, Lurmer Street, Fontmell Magna, SP7 0NT

Proposal: Erect 2 No. dwellings, convert and extend existing single storey stables to form 1 No. dwelling, and erect garage/car port. Modify vehicular access.

Reason for Committee Decision:

Requested by the Head of Service, in accordance with the Scheme of Delegation.

Description of Site:

Middle Farm is located directly to the rear of a row of Grade II listed thatched cottages and within the village Conservation Area. A public right of way runs parallel to the site to the east which provides distant views. The former stables range and opposite former barn, now a dwelling, from map regression, appear to date from the late C19/early C20. Although the dwelling's former origins is just about discernible the stable range still retains the majority of its agricultural character and historic fabric. The site though not listed is considered of local interest and worthy of undesignated heritage asset status.

The Site is located within the Fontmell Magna Conservation Area and sits approximately 90 metres east of the Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural Beauty.

The site currently comprises of a domestic dwelling with associated land, a disused stable block and open sided barn. The land appears to have been left untended for some time and has become quite overgrown in nature. Access to the site can be obtained either via a track at the northern end of Collyers Rise or direct from the A350.

Planning Policies:

Local Plan:

1. 7 Dev. within Settlement Boundaries Policy 1 - Sustainable Devt. Policy 2 - C Spatial Strategy Policy 4 - The Natural Env. Policy 5 - The Historic Env. Policy 6 - Housing Distribution Policy 7 - Delivering Homes Policy 13 - Grey Infra. Policy 20 - The Countryside Policy 23 - Parking Policy 24 - Design Policy 25 - Amenity

Planning policy and guidance:

North Dorset Local Plan Part 1 2016

Policy 4 - The Natural Environment

Policy 4 sets out the Council's approach to the conservation of the natural environment including both landscapes (such as Areas of Outstanding Natural Beauty: AONBs) and wildlife interests (including internationally, nationally and locally important wildlife sites and protected or locally threatened species).

Policy 5 – The Historic Environment

Any development proposal affecting heritage assets (including setting) will be assessed having regard to the desirability of sustaining and enhancing the significance of the asset and securing a viable use for it that is most consistent with its conservation.

Policy 6 - Housing Distribution

Policy 6 sets out how housing will be distributed across the District. It explains how the future need for housing was re-examined through an updated Strategic Housing Market Assessment (SHMA) in 2012. This identified a need for 4,200 homes over the 15-year plan period and makes provision for the vast majority of these homes at the four main towns. The policy indicates the approximate scale of housing to be accommodated at each town and gives a brief overview of the factors that were taken into account in determining the distribution.

Policy 7 - Delivering Homes

Policy 7 sets out the mix of housing that the Council will seek, in terms of bedroom size, based on the recent SHMA update. It also sets out how the Council will meet the needs of particular groups such as families with children, older people and people with disabilities. It sets out the Council's approach to housing density, which is to seek densities that make effective use of land whilst also having regard to impacts on local character and design and amenity issues.

Policy 13 - Grey Infrastructure

Policy 13 - Grey Infrastructure identifies future needs for: transportation (including roads, cycleways, footpaths and measures to facilitate public transport use); utilities (electricity, gas, water, sewerage and telecommunications); drainage and flood protection measures; waste; and the public realm (i.e. street art and urban enhancement works).

Policy 20 – The Countryside

Stalbridge and the eighteen larger villages will form the focus for growth outside of the four main towns.

Policy 23 – Parking Policy 23 deals with parking and cross refers to the relevant parking standards and guidance for residential and non-residential developments in an appendix. 7 representations out of 2,012 representations relating to the Local Plan Part 1: Pre-submission Document were received. No substantive changes are proposed to this policy. Policy 24 – Design

The Council's overall approach to design is set out in Policy 24. It establishes a set of 'design principles' against which the design merits of any development can be assessed. It also sets out standards for the provision of storage for recycling bins (in accordance with advice from the Dorset Waste Partnership) and laundry drying.

Policy 25 - Amenity

Policy 25 deals with the issue of amenity in terms of: privacy and private open space; sunlight and daylight; artificial light intrusion; noise and vibration; and unpleasant emissions (such as odour and fumes). There is very little in the NPPF on the issue of noise, but more detail is provided in the PPG, which was published after the pre-submission Document was produced. The proposed changes include amended text to refer to the new advice in the PPG. The section of the policy on noise is considered to be consistent with the advice in the PPG

National Planning Policy Framework July 2018

1. Introduction 2. Achieving sustainable development 3. Plan-making 4. Decision-making 5. Delivering a sufficient supply of homes 6. Building a strong, competitive economy 8. Promoting healthy and safe communities 9. Promoting Sustainable transport 11.Making effective use of land 12.Achieving well-designed places 14.Meeting the challenge of climate change, flooding and coastal change 15.Conserving and enhancing the natural environment 16.Conserving and enhancing the historic environment

Paragraph 11 states that plans and decisions should apply a presumption in favour of sustainable development. For decision-taking this means: c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Applying the Spatial Strategy in Policy 2 When Paragraph 11 of the NPPF is Triggered

The overall spatial strategy for the distribution of development in North Dorset is set out in the first three sections of Policy 2, which describe how development should be located in relation to:

 the four main towns;  Stalbridge and the larger villages; and  the countryside.

Policy 2 - Core Spatial Strategy is not considered to be a 'relevant policy for the supply of housing', because it deals primarily with the spatial distribution of development and not housing numbers. The policy is therefore not out-of-date. A planning judgement needs to be made on the weight to be attached to the spatial strategy in decision-taking. The amount of weight to attach to a policy is for the decision maker.

The preamble, which forms part of Policy 2, states that "all development proposals should be located in accordance with the spatial strategy for North Dorset". The first three parts of the policy set out that spatial strategy itself: the first part identifies the four main towns as "the main service centres" and the "main focus for growth, both the vast majority of housing and other development";

The second part directs development to Stalbridge and eighteen larger villages which have been identified as "the focus for growth to meet the local needs outside of the four main towns"; and

The third part clarifies that outside settlement boundaries, countryside policies will apply "where development will be strictly controlled unless it is required to enable essential rural needs to be met".

Policy 2 indicates that "at Stalbridge and all the District's villages, the focus will be on meeting local (rather than strategic needs)".

Applying Settlement Boundaries When Paragraph 11 of the NPPF is Triggered

The function of settlement boundaries is to restrict development, as outside them the third part of Policy 2 indicates that development "will be strictly controlled". However, in cases where paragraph 11 of the NPPF is engaged, it may be judged that the location of a proposed residential development just outside the settlement boundary of Stalbridge or one of the eighteen larger villages would not, on its own, provide sufficient justification to displace the presumption. However, in this case the site is mainly located within the existing settlement boundary of Fontmell Magna.

Applying the Vision and Objectives of the Local Plan When Paragraph 11 of the NPPF is Triggered

Paragraph 15 of the NPPF states that "all plans should be based upon and reflect the presumption in favour of sustainable development, with clear policies that will guide how the presumption should be applied locally." Policy 1 is one such policy, which largely reflects the provisions of the second part of paragraph 11 of the NPPF.

The second part of the policy indicates that "the Council will always work proactively with applicants jointly to find solutions". The supporting text, in paragraph 3.11 states that "in seeking to jointly find solutions, the Council will work proactively with developers to bring forward proposals that reflect the Council's approach to delivering sustainable development as set out in the development plan, including the Local Plan Part 1, which sets out the Council's strategic approach to meeting identified needs for housing, employment and infrastructure until 2031".

More detail on how the Local Plan Part 1 should be used to make planning decisions is set out in paragraphs 1.34 to 1.36. Paragraph 1.35 states "the policies, key diagram, supporting text and any other material within the Local Plan Part 1, including figures, all form part of the decision-making framework that the Council will use to make planning decisions". On that basis, when making a planning decision in cases where paragraph 11 is triggered, it is appropriate to consider whether a development would help to deliver the 'Vision for North Dorset' (in paragraph 2.46) and / or fulfil the 'Objectives for the Local Plan Part 1' (in paragraphs 2.48 to 2.54).

The vision and objectives of the Local Plan Part 1 can be considered to be the "strategic priorities" for North Dorset, reflecting paragraph 156 of the NPPF, which indicates that local planning authorities should set out such priorities in their local plans.

The Local Plan Part 1 was written in the context of the presumption in favour of sustainable development and there is no suggestion that it does not reflect the principles of the NPPF including, in that context, requiring development to reflect the vision and contribute to achieving the strategic objectives of the Local Plan.

In this case 3 dwellings are proposed within the settlement boundary of Fontmell Magna with a small portion of the site for the garage located outside of the settlement limits. It is therefore necessary to assess whether the development would be at odds with the "strategic priorities" for North Dorset. This proposal would deliver 3 open market dwellings in what is considered to be a sustainable location. The Council acknowledges that measures must be taken to meet the current housing shortfall.

Fontmell Magna Neighbourhood Plan

As the Parish Council state in their response, the Neighbourhood Plan is at an advanced stage, it has assessed local needs and tested possible site allocations through two stages of consultation accompanied by a Strategic Environmental Assessment. The Plan has been submitted for examination, and includes land allocations to deliver the housing and other community benefits needed in a manner appropriate to the environmental sensitivity of the area. The Regulation 16 (submission) consultation carried out by North Dorset District Council ended on 8 June 2018. The plan is currently in the process of being examined and moderate weight can be attached to the polices of the draft plan.

Policies FM2,FM3, FM4, FM7, FM8, FM10, FM11, FM16 and FM17 are considered to be relevant to the consideration of this application. The extent of weight to be attached to the various policies of the emerging neighbourhood plan is for the decision taker. It is considered that moderate weight should be attached to the neighbourhood plan polices. It should be noted that there have been objections submitted and that significant weight cannot be attributed at this present time.

Constraints:

Agricultural Land Grade - Grade: GRADE 4 Agricultural Land Grade - Grade: GRADE 2 Conservation Area - The Fontmell Magna Conservation Area Parish Name - : Fontmell Magna CP Settlement Boundary - Name: Fontmell Magna Ward Name - Ward Name: The Beacon Ward

Consultations:

Conservation Officer South - NDDC Consulted on the 9 January 2018, their comments dated 30 January 2018 are as follows:

Summary: Minor amendments are recommended to the exterior of the stable range and its addition. Consideration in regard to the part Middle Farm will visually and physically play in the scheme to ensure continuity and a high quality scheme. Revision of the design, form, materials of the proposed additional dwellings, in order to safeguard the setting of the designated and undesignated heritage assets. Minor design changes to the visual detailing of the car barn 'Revisions to the ground surface treatment within the farmyard. Support subject to modifications and conditions In determining the proposals due consideration has been given to para. 63, 64 and Section 12 (Paragraphs 131, 132,134, 137) of the NPPF, Section(s) 66/72 of the 1990 Act and Policy 5 of the Local Plan.

Beacon Ward Consulted on the 9 January 2018, their comments dated 30 May 2018 are as follows:

As District Councillor for the Beacon Ward I would like to request that this application at Middle Farm, Fontmell Magna comes before the Planning Committee, should you be minded to approve it. In its current form the development would appear to represent over development of site in that the two new proposed dwellings are very close to existing neighbouring properties and would have very small gardens in comparison with most other properties in the area. Many local people are also concerned that the proposed conversion of the Dutch barn to a garage would represent development outside the village boundary.

Wessex Water Consulted on the 9 January 2018, their comments dated 31 May 2018 are as follows:

No objection.

Wessex Water note the comments made by nearby residents to this proposed site. In this instance, the additional predicted foul flows from the proposed three dwellings will be minimal. The main cause of sewer issues in our networks is by blockages caused by disposal of non flushable items into the sewers such as wet wipes in the bathroom and fats oils and grease in the kitchen.

Sewer flooding can also be caused by surface water connections to the foul sewer from impermeable areas. The applicant has indicated that surface water from new impermeable areas will be disposed of via soakaway. There must be no surface water connections to the foul sewer.

One of our main priorities in considering a surface water strategy is to ensure that surface water flows, generated by new impermeable areas, are not connected to the foul water network which will increase the risk of sewer flooding and pollution.

Surface water will be disposed of via soakaway. The strategy is currently acceptable to Wessex Water, subject to agreement to detail with the local planning authority.

The use of soakaways currently attracts a discount in the sewerage infrastructure charge, proof of arrangements will be required when applying for foul sewerage connection. There must be no surface water connections to the foul sewer network.

Transport Development Management - DCC Consulted on the 9 January 2018, their comments dated 23 January 2018 are as follows: No objection subject to conditions.

Tree Officer North - NDDC Consulted on the 9 January 2018, their comments dated 26 January 2018 are as follows:

Whilst it is noted that a number of the trees on site are of low quality, they are considered to collectively assist with screening the site and offering a sense of enclosure to the inhabited village, in views across the AONB. The inclusion of soft landscaping along the western and northern boundaries is therefore considered particularly important as this will assist with retaining the rural, peaceful character when viewing the site from the immediate viewpoints noted above. I have concerns about the volume of hardstanding proposed in connection with the western garage block and the harm this will have on views obtained from the immediate footpath and wider landscape. I would ask that further consideration be given to the orientation of this building, the degree of hard landscaping at this point and the inclusion of soft landscaping to assist with integrating the proposal into surroundings. I would suggest that a mixed native hedgerow, with a number of emergent native trees are utilised along this boundary.

It is also important that any proposed landscaping should remain sympathetic to the key characteristics outlined within the AONB Landscape Character Assessment, due to its proximity to the designated site.

I note that an Arboricultural Report has been provided in support of this application but there is a number of disparities between the provided Tree Retention and Protection Plan 'ccl/fm/002' and Proposed Site Plan '16170-7 B'. A revised tree retention and protection plan, superimposed onto the proposed site layout, should be submitted to clarify which trees are to remain.

At present it is unclear which trees are to remain on site and be duly protected throughout the development process. I also consider the volume of hard landscaping proposed around the western garage, to cause harm to the character of the landscape and therefore cannot support the proposal in its current state.

Cranborne Chase & West Wilts AONB Their comments dated 4 June 2018 are as follows:

As you will have gathered from this AONB's earlier response to this application there is considerable concern about the placing of the proposed garage on the western side of the development and very close to the AONB. Furthermore the garage appears to be some distance from the converted stables. The building also intervenes in views from the converted building to the AONB. From a number of points of view it does, therefore, not constitute a sound location. Not only would relocating the garage immediately to the north of the extension to the stables be much more convenient for the proposed dwelling but it would make for a more expansive garden to the west and not block views to the AONB.

Conservation Officer South - NDDC Consulted on the 11 May 2018, their comments dated 2 June 2018 are as follows:

Support subject to conditions.

Revised drawings have been submitted following a meeting . A change in ridge heights, use of a catslide roof and a greater mix of materials and detailing has been incorporated as suggested and support is forthcoming for the new builds.

Stables The use of the stable doors pinned back adjacent to the part infilled doorways, has been taken on board. ' However, only the upper section is needed (the timber panel below the window should represent the lower stable door sealed shut) and the upper section should mirror the dimensions of the window opening and not be smaller as shown on the drawing..

Garage: minor changes made to this from original submission with the incorporation of doors - acceptable. Site: The use of paviers and gravel for the hard landscaped areas is acceptable.

Summary The scheme now have an improved identity, which along with the existing barn, now contribute a greater sense of place than the earlier scheme. Recommend condition a revised scheme for stable door openings. Recommend exposed timber lintels be incorporated above new window on NE stone stable gable. The rear mullioned windows and door will need conditioning to ensure the appropriate construction is achieved as elevation drawings do not convey these plainer designs well.

Fontmell Magna PC Consulted on the 11 May 2018, their comments dated 7 June 2018 are as follows: Objection.

The Parish Council object the application. The full details of the objection are viewable on line. The summarised reasons for their objection are as follows:

 There is significant conflict between the proposed development and the policies in the emerging plan, to which some weight should be given in the decision-making process. The application would appear to potentially conflict with all of the following: Policies FM2, FM3, FM4, FM7, FM8, FM10, FM11, FM16 and FM17.  Impact on the setting of the AONB  Impact on the character of the Conservation Area  Access to the site  Potential flood risk  Impact on biodiversity  Impact on privacy of adjoining dwellings  Mix of house types proposed and relevance to local need.

The Parish Council objects to the application on the grounds of AONB impact and the impact upon the Conservation Area and the setting of listed buildings.

The Parish Council raises concern in relation to neighbour amenity, highways impact, ecology, and flooding.

Tree Officer North - NDDC Consulted on the 11 May 2018, their comments dated 4 June 2018 are as follows:

It is still unclear which trees are to remain on site and be duly protected throughout the development process. This should be clarified before consent is issued to ensure suitable tree protection and landscaping conditions can be applied.

The volume of hard landscaping proposed around the eastern garage has been marginally reduced in combination with the introduction of a soft boundary treatment on the northern and eastern boundaries. I would however agree with the AONB officer's comments that the placement of this garage seems somewhat at odds with the development and would consider their proposal of a garage at the end of the access route, or in the area between the barn and plot 2, more preferable in landscape terms.

However, I am minded that the proposed planting along the boundaries is likely to lessen the impact of the proposed garage location and is therefore supported. Further detail on tree stock sizes and the landscaping maintenance should however be sought to ensure longevity within the landscape.

The Campaign to Protect Rural England

I write to object to the above Planning Application. I believe the Application fails many essential tests and that it should be refused. The main reasons for refusal are: 1. The proposed new dwellings will unreasonably overlook existing property and cause significant loss of amenity; 2. The location of the proposed development fails to comply with the Neighbourhood Plan; 3. The proposed development will cause great harm to the surrounding landscape, to the Conservation Area and to the AONB as it will damage the setting of the Melbury to Blandford Chalk Escarpment 4. The proposed access will cause great damage to Mill Street and carries safety risks. It is contrary to NPPF para 109, which states that development should be designed to enhance landscape and the Application should therefore be refused. Representations:

17 letters of representation were received, of which 1 offered comments which neither supported nor objected to the proposal, 16 objected to the proposal and 0 supported the proposal.

The letters of objection contain the following summarised points:

 Impact upon amenity though overlooking and overbearing,  Impact on AONB, landscape impact,  Highway Safety,  Amenity,  Impact on heritage within the Conservation Area,  Ecology,  Conflict with Neighbourhood Plan,  Policy conflict of development outside of the settlement boundary,  No affordable housing is proposed.

Relevant Planning History:

There is no recent planning history that relates to this site.

Planning Appraisal:

The applicant seeks full planning permission to erect two dwellings and to convert an outbuilding to a dwelling. It is also proposed to demolish a Dutch barn and to erect a garage in the same site.

The outbuilding is recognised as a locally important building and it is considered to be a non- designated heritage asset. The Draft Fontmell Magna Conservation Area Appraisal contains the recommendation to recognise the stables/garage range as a locally important building, but not the cottage.

The main planning considerations are as follows:

 Principle of the development  Landscape and visual impact and the setting of the AONB  Conservation Area and the impact upon listed buildings  Residential amenity  Ecology  Drainage  Highway Impact

Principle of Development

The site is mainly located within the Settlement Boundary of Fontmell Magna. The village is identified as one of the larger villages where development will be permitted, subject to certain criteria. The emerging neighbourhood plan is at a more advanced stage and moderate weight can be attached to the polices of the plan, although there were some objections raised at the consultation stage. The plan is currently with the examiner and the final report is expected shortly.

The Neighbourhood Plan does not seek to change the settlement boundary in this part of the village. Therefore, once adopted, the principle of developing land within the settlement boundary at Middle Farm would remain acceptable. The issues raised by the Parish Council relate most strongly to the land outside of the settlement boundary and the potential impact upon the landscape setting of the AONB. This is discussed further below.

In view of the fact that the two proposed dwellings and the barn that would be converted are located within the settlement boundary, and would remain so in the event that the Neighbourhood Plan is made, the principle of the development is considered to be acceptable. The proposed garage building is located outside of the settlement limits on the site of an existing Dutch barn.

At this current time, in view of the lack of a five year housing land supply within the district, and the moderate weight that can be attributed to the draft Neighbourhood Plan, it is appropriate to reduce the weight that can be attributed to policies that aggravate the supply of housing. With this in mind, the small encroachment beyond the settlement boundary is not considered to be grounds to refuse permission for the housing proposal. The impact upon the setting of the AONB must however be considered as an important material consideration.

Concern has been raised in relation to the housing mix as there is only three or four bed units proposed. It is considered that on such a small site, that this mix is acceptable. On larger sites, it would be necessary to provide a mix of housing units, to include smaller units. The size of the stables has resulted in a larger property. It is not considered to be desirable to seek to include more units within the outbuilding as this would have a greater impact on the non-designated heritage asset. It would also lead to more subdivision of the curtilage. The optimum viable use of the stables, which would preserve the historic significance of the asset, is considered to be the proposed use as a single dwellinghouse.

Landscape and Visual Impact and the Setting of the AONB

Immediate views of the site are primarily obtained from open access land to the west (on the lower parts of the AONB) and from a nearby public footpath which runs to the immediate north west of the site, in a neighbouring field. Wider landscape views which are obtained from higher vantage points are currently well screened by existing landscape features.

A revised landscaping scheme has been submitted that addresses the concerns that were raised by the Tree and Landscape Officer. It includes a native hedge and field maples. The hedge would extend around the perimeter of the site. Provided that this is secured through condition, the impact upon the wider landscape is considered to be acceptable. This conclusion is reached bearing in mind the sites edge of settlement location. Long distance views into the site would have a backdrop of the existing development and the proposed garage beyond the settlement boundary is not considered to represent a harmful incursion into the open countryside. The existing Dutch barn is agrarian in nature and has a greater impact in the landscape due to its scale and massing than the proposed garage would have.

The comments of the Dorset AONB are noted. Concern has been raised due to the landscape sensitivity in this part of the village. The Draft Neighbourhood Plan seeks to locate development on the west of the A350 and in areas that are within easy walking distance of the main service amenities in the village (the shop, school and village hall, pub and surgery) and that are not within areas known to be at risk from flooding or otherwise protected.

Whilst significant additional residential development outside of the settlement boundary in this location would be likely to give rise to impact upon the setting of the AONB, in this case, there is a garage proposed on the site of a barn. Therefore, the proposed garage will replace an existing structure, albeit and agricultural barn, that is of a larger scale than that of the proposed garage. With the extensive planting scheme that is proposed, officers do not consider that the visual and landscape impact of the garage would result in a harmful impact upon the setting of the AONB. In long distance views, the garage will be read with the backdrop of the village and it will not appear as an incongruous feature, due to its limited size, and the distances involved. The position of the garage fulfils the ecology mitigation requirements in respect of bats. The ideal location for the bat mitigation is on the edge of the development as this provided the optimal location for the protected species.

Conservation and the Impact Upon Listed Buildings

The site is located within the Conservation Area and within the setting of 19-29 Lurmer Street and Middle Farm House, all of these are Grade II listed buildings.

Concern was originally raised as the design did not respond well to its historic setting. The proposed dwellings were altered to be one and a half storey, rather than two storey dwellings. The scheme now has an improved identity, which along with the existing barn, now contribute a greater sense of place than the earlier scheme.

The Conservation Officer has recommend a number of conditions including a revised scheme for stable door openings and that exposed timber lintels be incorporated above the new window on NE stone stable gable. Also, the rear mullioned windows and door will need conditioning to ensure the appropriate construction is achieved as the elevation drawings do not convey these plainer designs well.

Conservation support is forthcoming for the reuse of the stables range and there is no objection to the proposed addition to this outbuilding. Originally, it was considered that the detailing of the design had failed to maximize the existing character of the agricultural building and resulted in a relatively bland scheme that fails to reinforce local distinctiveness, or sustain or enhance the significance of the heritage asset. Revised plans were received that addressed this concern. The building is a non designated heritage asset and it has been recognised in the Draft Conservation Area Appraisal as being a locally important building. Brining the building back into an appropriate use is a considerable benefit of this scheme and it weighs in favour of the proposal.

The setting of the adjacent listed buildings and the character and appearance of the Conservation Area would be maintained. This conclusion has been reached having regard to: (1) section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that requires special regard to be paid to the desirability of preserving or enhancing the setting of Listed Buildings; (2) section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving listed buildings or their setting or any features of special architectural or historic interest which they possess; and (3) Local Plan policy.

Residential Amenity

The revised proposal is considered to be located a sufficient distance from and is of an appropriate scale in relation to the surrounding properties. The proposal is now proposed to be one and a half storeys. There is a 2-4 metre separation between plot 1 and the boundary of 21 Lurmer Street, and the dwelling would be located more that 30 metres from the adjacent listed properties to the west.

Plot 1 would be located 5 meters from the boundary of 4 Collyer's Rise and approximately 10 metres from the dwelling. The windows in the proposed dwelling are located to avoid overlooking. There are also limited roof openings proposed. This also helps to achieve the AONB dark skies objective, which is also reflected in the Neighbourhood Plan policies. Permitted development rights could be removed to ensure that no further openings are introduced.

Plot 2 would be located 6 metres from the boundary of 5 Collyer's Rise and 10 metres from the dwelling. Again, window openings are located to prevent overlooking of the adjacent property. Provided that permitted development rights are removed for new openings and alterations, including extensions, officers consider that the amenity of the surrounding properties will be adequately safeguarded.

Ecology

A Phase 1 and 2 Bat Survey has been carried out. This revealed a small maternity roost for grey long- eared bats. Because of this, no works can take place between 1st May and 30th September. The proposed garage building provides for a replacement roost. The roof void would provide a new roost and bats will be able to access the ground floor area in the north of the garage to undertake pre-flying.

The application is supported by an approved Biodiversity Mitigation Plan. It is considered that the applicant has had due regard to protected species and appropriate mitigation.

Drainage

Wessex Water raise no objection to the scheme and they are satisfied that there is capacity for foul sewage having considered the site to be small scale and therefore not to add significantly to the foul drainage requirements in the vicinity.

A surface water condition is recommended to deal with surface water within the site and to ensure that there is no run off to the highway.

Highway Impact

Access to the site is proposed to be from Collyer’s Rise, which is a small cul-de-sac of bungalows that is in turn, accessed from Mill Street.

There is no highway objection to the proposal subject to conditions. One of the conditions will ensure that bollards are placed on the northern side of the site to prevent access onto the A350 as there is insufficient visibility at this point.

Planning Balance

The benefits of the scheme in making a small contribution to housing supply should be noted in the overall balancing exercise in terms of the economic and social roles that comprise sustainable development. The benefit of bringing a non designated heritage asset into use is a significant benefit of the scheme that weighs in favour of the proposal.

An element of the development lies outside of the settlement boundary of Fontmell Magna. This weighs against the scheme. However, as discussed, the resulting landscape and visual impact is not considered to result in sufficient harm to warrant refusal of the application. There is an existing barn on the site of the proposed garage and a comprehensive landscaping scheme is proposed along the perimeter of the site.

Conclusion:

On balance, it is the opinion of your officers that the adverse impacts of the proposal would not significantly and demonstrably outweigh the benefits, when assessed against the policies of the National Planning Policy Framework and relevant policies in the adopted Local Plan. There is no significant conflict with the policies of the emerging Neighbourhood Plan, to which moderate weight can be applied, having regard to the stage of the plan, which is currently with the Inspector and is in the process of being examined.

Recommendation: APPROVE subject to conditions. Conditions:

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended).

2. The development hereby permitted shall be carried out strictly and only in accordance with the following approved drawings and details: 16170-2B, 16170-3D, 16170-4D, 16170-5D, 16170-6A, 16170-7G, 16170-08A forming the approved application. Reason: For the avoidance of doubt and to clarify the permission.

3. No development hereby approved shall commence above damp course level until samples of materials to be used in the construction and finish of the external walls and roof of the garage and the dwellings (to include, timber cladding including finish, brick, stone and roof and ridge tiles) and sample of paviers and gravel for hard landscaping, shall be submitted to the local planning authority. Any such samples shall require approval to be obtained in writing from the Local Planning Authority and the development shall thereafter accord with the approved materials. Reason: To safeguard the character of the locality in the Conservation Area.

4. No development hereby permitted shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be carried out in accordance with an approved timetable which shall be approved as part of the drainage detail submission and works shall be completed prior to the first occupation of any building on the site. Reason: To minimise the risk of flooding and/or pollution.

5. Before the development is occupied or utilised the first 10.00 metres of the vehicle access, measured from the rear edge of the highway (excluding the vehicle crossing - see the Informative Note below), must be laid out and constructed to a specification submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that a suitably surfaced and constructed access to the site is provided that prevents loose material being dragged and/or deposited onto the adjacent carriageway causing a safety hazard.

6. Before the development hereby approved is occupied or utilised the turning and parking shown on Drawing Number 16170-7 Rev G must have been constructed. Thereafter, these areas, must be permanently maintained, kept free from obstruction and available for the purposes specified. Reason: To ensure the proper and appropriate development of the site and to ensure that highway safety is not adversely impacted upon.

7. There must be no gates hung so as to form obstruction to the vehicular access serving the site. Reason: To ensure the free and easy movement of vehicles through the access and to prevent any likely interruption to the free flow of traffic on the adjacent public highway.

8. The development hereby permitted must not be occupied or utilised until a scheme showing precise details of the proposed bollards (as shown on Drawing Number 16170-7 Rev G) is submitted to the Local Planning Authority. Any such scheme requires approval to be obtained in writing from the Local Planning Authority. The approved scheme must be constructed before the development is commenced and, thereafter, must be maintained and available for the purpose specified. Reason: To allow only emergency vehicle access from the A350 (Lurmer Street) into the site. 9. All existing trees and hedges shown on approved plan 16170-7F to be retained, shall be fully safeguarded during the course of site works and building operations. No works shall commence on site until all trees to be protected on and immediately adjoining the site shall be protected from damage for the duration of works on the site to the satisfaction (to be confirmed in writing) of the Local Planning Authority in accordance with BS 5837:2012 (Trees in relation to construction - recommendations) or any new Standard that may be in force at the time that development commences. No unauthorised access or placement of goods, fuels or chemicals, soil or other material shall take place within the tree protection zone(s). Any trees or hedges removed without the written consent of the Local Planning Authority, or dying or being severely damaged or becoming seriously diseased before the completion of development or up to 12 months after occupation of the last dwelling shall be replaced with trees or hedging of such size, species in a timescale and in positions as may be approved in writing by the Local Planning Authority. Reason: To ensure that trees and hedges to be retained are adequately protected from damage to health and stability throughout the construction period and in the interests of amenity.

10. No works shall commence on site until precise details of all tree, shrub and hedge planting (including positions and/or density, species and planting size) shall be submitted to and approved in writing by the Local Planning Authority. Planting shall be carried out before the end of the first available planting season following substantial completion of the development. In the five year period following the substantial completion of the development any trees that are removed without the written consent of the Local Planning Authority or which die or become (in the opinion of the Local Planning Authority) seriously diseased or damaged, shall be replaced as soon as reasonably practical and not later than the end of the first available planting season, with specimens of such size and species and in such positions as may be agreed with the Local Planning Authority. In the event of any disagreement the Local Planning Authority shall conclusively determine when the development has been completed, when site conditions permit, when planting shall be carried out and what specimens, size and species are appropriate for replacement purposes. Reason: In the interests of continued visual public amenity.

11. No development shall commence until a schedule of landscape maintenance covering a minimum period of five years following substantial completion of the development (including details of the arrangements for its implementation) shall be submitted to and approved in writing by the Local Planning Authority. The subsequent maintenance of the development's landscaping shall accord with the approved schedule. Reason: To ensure the provision of amenity afforded by the proper maintenance of existing and/or new landscape features in accordance with.

12. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 as amended (or any order revoking and re-enacting that Order with or without modification), no fences, walls, gates or other means of enclosure permitted by any Class of Schedule 2 Part 1 of the 2015 Order shall be erected around the curtilage of any dwelling house hereby permitted in a position forward of any wall of that dwelling house which fronts onto a road, private drive, footway or open space area without the prior grant of planning permission from the Local Planning Authority. Reason: To enable the Local Planning Authority to retain control over the development of the site.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any order revoking and re-enacting that Order with or without modification), no additional window or other opening permitted by Schedule 2 Part 1 of the 2015 Order shall be made in any elevation of the building(s) unless an application for planning permission in that behalf is first submitted to and approved in writing by the Local Planning Authority. Reason: To enable the Local Planning Authority to retain control over the development of the site and in the interests of amenity. 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order)(with or without modification) no extensions or other alterations permitted by Schedule 2 Part 1 of the 2015 Order shall be erected or constructed, other than those expressly authorised by this permission. Reason: To enable the Local Planning Authority to retain control over the development of the site and in the interests of amenity.

15. The protected species mitigation proposals set out in the approved Protected Species Survey and Mitigation Report dated 26th January 2018 shall be undertaken in full before the development hereby approved is first brought into use and shall be maintained in the approved condition permanently thereafter. Reason: To ensure adequate habitat is provided and protected to accommodate protected species.

16. Prior to the commencement of development above damp course level, a sample panel for the brickwork for the new builds and stables extension, which shall be carried out in bricks and bond to match the existing stable building, shall be erected on site for approval in writing from the local planning authority. The development shall be carried out in accordance with the approved details. Reason: To safeguard the appearance of the Conservation Area and the setting of listed buildings.

17. All rainwater goods shall be either half round black cast metal or replica cast metal executed in black plastic. Reason: To safeguard the appearance of the Conservation Area and the setting of listed buildings.

18. Precise details of all chimneys to include, materials, detailing, pot type and colour, shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accordance with the approved details. Reason: To safeguard the appearance of the Conservation Area and the setting of listed buildings.

19. Prior to the commencement of building works above damp course level, annotated 1:20 and 1:5 scale drawings of all new windows and doors including, framing, glazing type and thickness and method of fixing glazing, glazing bar profiles, depth of reveal and annotated 1:20 drawings for all new dormers to show construction, materials and finish shall be submitted to the local planning authority for approval in writing. No exposed trickle vents shall be employed. The development shall be carried out in accordance with the approved details.

20. All new and replacement rooflights or patent glazing shall be of a conservation style, and either fixed or top opening, and fitted flush to the roof plane. Reason: To safeguard the appearance of the Conservation Area and the setting of listed buildings.

21. Notwithstanding the details submitted, the upper pinned back stable door panels shall match the vertical dimension of the new windows to be inserted into the existing stable door apertures. The lower pinned back stable door panels shall be omitted. Reason: to safeguard the significance of the undesignated heritage asset.

22. Notwithstanding the details submitted, an exposed timber lintel shall be incorporated above the new window on the existing north-west gable elevation. Reason: to safeguard the significance of the undesignated heritage asset. Human Rights: This Recommendation is based on adopted Development Plan policies, the application of which does not prejudice the Human Rights of the applicant or any third party. Public Sector Equalities Duty (PSED) As set out in the Equalities Act 2010, all public bodies, in discharging their functions must have “due regard” to this duty. There are 3 main aims: Removing or minimising disadvantages suffered by people due to their protected characteristics. Taking steps to meet the needs of people with certain protected characteristics where these are different from the needs of other people. Encouraging people with certain protected characteristics to participate in public life or in other activities where participation is disproportionately low. Whilst there is no absolute requirement to fully remove any disadvantage the Duty is to have “regard to” and remove OR minimise disadvantage and in considering the merits of this planning application the planning authority has taken into consideration the requirements of the PSED.

DECISION: LOCATION PLAN 2/2017/1856/FUL

DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Dorset District Council LA Licence Number LA078778