32

Item No 07:-

18/02975/FUL

The Old Rectory 15 Church Street Meysey Hampton Gloucestershire GL7 5JX

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Item No 07:-

Erection of new dwelling with new driveway at The Old Rectory 15 Church Street Meysey Hampton GL7 5JX

Fuil Application 18/02975/FUL Applicant: Mr & Mrs Roger Carne Agent: Falconer & Gilbert Scott Architects Case Officer: Adrian Walker Ward Member(s): Councillor David Fowies Committee Date: 14th November 2018

RECOMMENDATiON: PERMIT

Main Issues:

(a) Principle of deveiopment (b) Design and impact on the iisted buiiding and setting of the conservation area (c) Amenity (d) Highway safety and parking provision (e) Trees

Reasons for Referral:

The car park which forms part of the appiication site is owned by Cotswoid District Councli and in accordance with the Scheme of Deiegation, the application shouid be heard at committee.

1. Site Description:

The proposal site forms part of the garden of the Old Rectory. The Old Rectory is a Grade II iisted buiiding. it is understood that this land would have historically been the kitchen garden for the Old Rectory with very limited remains of old wails surviving but nonetheless the boundary wall is considered to be curtilage iisted.

The appiication site does not lie within a designated landscape. It is however located very close to, but outside of, the boundary of the Meysey Hampton Conservation Area to the east.

2. Relevant Planning History:

17/04833/FUL & 17/04834/LBC: Erection of two new dwellings with new driveway. Withdrawn 01.03.2018

3. Planning Policies:

NPPF National Planning Policy Framework _DS1 Deveiopment Strategy _DS3 Small-scale Res Dev non-Principal Settle _EN2 Design of Built & Natural Environment _EN4 The Wider Natural & Historic Landscape _EN11 HE: DHA - Conservation Areas _EN10 HE: Designated Heritage Assets JNF3 Sustainable Transport JNF4 Highway Safety JNF5 Parking Provision

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_EN7 Trees, Hedgerows & Woodlands

4. Observations of Consultees:

Drainage Engineer: No objection subject to conditions.

Conservation Officer: The Conservation Officer has agreed that the benefits of the scheme outweigh the harm, subject to the conditions recommended.

Tree Officer: No objection subject to conditions.

Thames Water: No comments received.

CDC Property Services: No comments received.

Parish / Town Council: No comments received.

Other Representations:

Eight letters of objection and two general comments have been received from local residents in regards to the planning application.

Five letters of objection have been received from local residents in regards to the listed building consent.

The objections to both applications are as follows;

Proposal extends beyond the main built-up area of the village Trees Design Highways Access and Parking Privacy light and noise Loss of general amenity Impact on Conservation Area Impact on the Listed Building

7. Applicant's Supporting Information:

Design and Access / Heritage Impact Statement

8. Officer's Assessment:

(a) Principle of development

Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that: 'If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.' The starting point for the determination of this application is the current development plan for the District which is the Cotswold District Local Plan 2011-2031 (Local Plan).

The NPPF is also a material consideration in the determination of planning applications. The NPPF requires Local Planning Authorities to deliver a sufficient supply of homes (NPPF, chapter 5) and requires planning decisions for housing to be considered in the context of the 'presumption in favour of sustainable development'(NPPF, paragraph 10 and 11).

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The NPPF explains that the planning system has three overarching objectives in order to achieve sustainable development: economic, social and environmental. These objectives 'which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the differentobjectives)' (NPPF, paragraph 8).

To this end, it is a necessary requirement to have full regard to economic, social and environmental considerations when assessing proposals for new development. Of particular relevance to this case is the need to balance the social need to provide new housing (which would weigh positively in favour of the proposed development) against the environmental (heritage) impacts.

Paragraph 78 of the National Planning Policy Framework (NPPF) states that 'housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby'.

The application site is located within the village of Meysey Hampton. The village Is classed as a Non-Principal Settlement for the purposes of the Cotswold District Local Plan 2011-2031. New residential development In such locations is covered by the following policy:

Policy DS3 Small Scale Residential Development in Non-Principal Settlements

1. In Non-Principal Settlements, small-scale residential development will be permitted provided It: a) demonstrably supports or enhances the vitality of the local community and the continued availability of services and facilities locally. b) Is of a proportionate scale and maintains and enhances sustainable patterns of development; c) complements the form and character of the settlement; d) does not have an adverse cumulative impact on the settlement having regard to other developments permitted during the Local Plan period.

The proposal is for a single dwelling and is therefore considered to be 'small scale'. The introduction of a dwelling into the village will help support existing local services and businesses.

Objections have been raised in regards to whether the site is considered to be within the main area of the village. The site Is located within the garden of The Old Rectory with a tennis court to the south and Hamilton Croft, a development of 10 houses, to the north west. It is therefore considered that site is within the envelope of the village, is of a proportionate scale, and considered to complement the form and character of the settlement. It is considered that the addition of a single dwelling would not be of a level that will have an adverse cumulative impact on the settlement.

The proposal is considered to accord with the aspirations of Policy DS3 and guidance in Paragraph 78 of the NPPF.

(b) Design and Impact on the listed building and setting of the conservation area

The Old Rectory is a Grade II Listed Building. The Local Planning Authority is therefore statutorlly required to have special regard to the desirability of preserving the building. Its setting, and any features of special architectural or historic interest it may possess. In accordance with Section 66(1) of the 1990 Act.

The site also lies within the setting of the Meysey Hampton Conservation Area, wherein the Local Planning Authority is statutorily obliged to pay special attention to the desirability of preserving or enhancing the character or appearance of the area, in accordance with Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990. C:\Users\Duffp\Desk(op\Schedule Nov 2018.Rtf 136

Section 16 of the National Planning Policy Framework 2018 requires that Local Planning Authorities should take account of the desirability of sustaining or enhancing the significance of heritage assets. Paragraph 193 states that 'When considering the impact of a proposal on the significance of a designated heritage asset, great weight should be given to the assets conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance'.

The NPPF also states in Paragraph 194 'that the significance of a designated heritage asset can be harmed from its alteration, destruction, or from development within the setting'. Paragraph's 195 and 196 state that where proposals will cause harm to the significance of a designated heritage asset, local planning authorities should refuse consent unless that harm is outweighed by the public benefits of those works.

Policy EN2 of the Local Plan states that 'Development will be permitted which accords with the Cotswold Design Code. Proposals should be of design quality that respects the character and distinctive appearance of the locality.' The Cotswold Design Code (Appendix D within the Local Plan) requires that development should be environmentally sustainable and designed in a manner than respects the character, appearance and local distinctiveness of the Cotswold District with regard to style, setting, harmony, street scene, proportion, simplicity, materials and craftsmanship.

Policy EN10 in the Local Plan (Designated Heritage Assets) states that:

1) In considering proposals that affect a designated heritage asset or its setting, great weight will be given to the asset's conservation in proportion with the importance of the asset. 2) Development proposals that sustain and enhance the character, appearance and significance of designated heritage assets (and their settings) and put them to viable uses, consistent with their conservation, will be permitted 3) Proposals that would lead to harm to the significance of a designated heritage asset or its setting will not be permitted, unless clear and convincing justification of public benefit can be demonstrated to outweigh that harm. Any such assessment will take account, in the balance of material considerations: • The importance of the asset; • The scale or harm; and • The nature and level of the public benefit of the proposal.

Policy EN11 of the Local Plan (Conservation Areas) states:

Development proposals, including demolition, that would affect Conservation Area and their settings, will be permitted provided they: a) preserve and where appropriate enhance the special character and appearance of the Conservation Area in terms of siting, scale, form, proportion, design, materials and the retention of positive features; b) include hard and soft landscape proposals, where appropriate, that respect the character and appearance of the Conservation Area; c) will not result in the loss of open spaces, including garden areas and village greens which make a valuable contribution to the character or appearance, and /or allow important views Into or out of the Conservation Area

Listed Building

Preserving the setting of the Old Rectory as a listed building is a key consideration. The Historic England Planning Note 3 -The Setting of Heritage Assets 2nd edition, Dec 2017 provides guidance upon the setting of both Listed Buildings and Conservation Areas. The Old Rectory dates to !ate-16th early-17th century, with three gables on each elevation, plus a distinctive 19th century wing added towards the road in 1876. To the rear is a single storey rear extension C:\Users\Duffp\Desk(op\Schedule Nov 2018.Rtf •f1^77 "7 probably of early 20th century. The Old Rectory has large grounds which lie to the rear of the house, most of which are included in the Conservation Area.

The proposal site appears to have been historically some form of garden within the land of the Old Rectory. There is little physical survival of historic walls or other garden structures within the site. Historic maps from the mid-19th do show a glass house, but no clear evidence of walling enclosing the site. The plot Is an irregular shape, which would have been an unusual form for a formal kitchen garden. The existing walls to the site are largely modern block work with the exception of the boundary to the rear of Brake House and its neighbouring property, which themselves appear to occupy former orchard land and face towards Church Street. The historic significance of the site as a garden appears to be limited with no clear surviving historic or architectural structures. However, there is some historic connection with the Old Rectory as the site has historically formed part of its land and appears to have once formed part of its garden. The proposal site is not set directlyto the rear of the Old Rectory, but further to the side and at some distance, it does not seem to have had intentional inter-visibillty with the listed house. There is however a limited visual connectivity to and from the listed building and site, although this is further limited by their physical separation by a historic track-way and to some extent the past construction of Brake House and its neighbouring house. The proposal site as a kitchen garden to the Old Rectory (at least in the 19th century) affords historic significance to the setting of the listed building but this is considered limited due to the lack of historic features remaining to the garden. This in conjunction with the distance between the site and the listed building, their physical separation by the track way and the restricted visual connectivity, does limit how the listed building is experienced.

Conservation Area

The proposal site is also outside the boundary of the conservation area and this suggests that it did not hold the historic or architectural significance to warrant inclusion. However, it borders the boundary and is a consideration in terms of the setting of the conservation area as a designated heritage asset. Buildings and their plots aligned along Church Street, without back land development Is the prevailing settlement pattern within this part of the conservation area. That said the settlement pattern does change outside the conservation area boundary with the development of Hamilton Croft, although the proposal site if developed would not project as far back behind the settlement as Hamilton Croft.

The proposal site contributes to the setting of this conservation area in that it is green open space located behind the main form of the settlement. The only interconnecting views to and from the conservation area are from the open spaces and land, directly behind the Old Rectory. The contribution of the site to the setting of the conservation area is relatively limited due to its size and location and in turn the closer proximity and greater extent of the remaining open space to the rear of the historic settlement, which is in the conservation area, provides the prominent settlement setting.

The proposal Is to develop one detached house set to the western edge of the site, maintaining a much greater proportion of the open character of the site which was historically a garden to the Old Rectory, with access provided through the existing car park. The manner of access appears to be a convenient option with relatively limited visual Impact. The boundary wall proposed for part removal to enable this access is largely modern and therefore no historic fabric would be lost. However, the line and enclosure of this wall does contribute to the historic form and character of the garden and the modest opening is considered to maintain this enclosure.

The open character of the garden would be altered by the development of a house in the very nature of the introduction of built form to the open space. However, the location of the dwelling, set In one corner of the site maintains the majority of open space in a unified form. The siting of the proposed dwelling also provides it with greater distance from the listed building, with Interconnectlvity between the remaining garden space and the listed building and its other

C:\Users\Ouffp\Desktop\Schedule Nov 2018.Rtf 1 grounds (open spaces) within the conservation area better preserving the setting of the listed building and the setting of the conservation area.

The Conservation Officer has identified that there would be less than substantial harm to the setting of the listed building and the conservation area. However, it was also confirmed by the Conservation Officer that this would be on the lower end of the scale and that these could be outweighed by the public benefits of the proposal. In weighing up the benefits of the proposal, a well-designed dwelling within a non-principle settlement is supported by Local Plan Policy DS3. An additional dwelling in this location does not only provide additional housing to meet the District's housing needs, it also helps to support everyday services and facilities within the village and provides economic and local employment benefits during the construction stage.

The scale, form and design of the proposed house are considered to respond to the scale and character of its garden context whilst reflecting the local vernacular. Subject to the use of local materials and details the house is considered to accord with the Design Policies in the Local Plan and NPPF.

It is considered, on balance, the public benefit of the proposal outweighs the less than substantial harm to the setting of the listed building and Conservation Area and as such is in accordance with Section 66(1) and 72(1) of the Act, paragraph 196 of the NPPF and Local Plan Polices EN2, ENIOand EN11.

(c) Amenity

Section 12 of the NPPF seeks to achieve well-designed places. In part, paragraph 127 of the NPPF ensures that development create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.

Policy EN2 of the Local Plan supports development that accords with The Cotswoid Design Code (Appendix D within the Local Plan). The Cotswoid Design Code requires extensions to respect the amenity of dwellings, giving due consideration to issues of garden space, privacy, daylight and overbearing effect. The Design Code specifies that to ensure adequate privacy, the minimum distance between facing windows of one and two storey dwellings should be no less than 22m. The proposed dwelling will have a sufficiently sized garden for amenity space for the occupants of the dwelling.

The closest neighbouring dwellings are 16 Church Street and Brake House which lie to the north east of the site. The proposed dwelling is located in the south west corner of the site approximately 16.5 meters away from the boundary with these dwellings and approximately 33 metres away from the dwellings themselves. The application proposes no windows at first floor level facing towards the neighbouring dwellings to give rise to any overlooking. It is therefore considered the proposal will not have an impact neighbouring residents in terms of loss of privacy or daylight. Given the sensitivity of the site, permitted development rights will be removed by condition to ensure the amenity of neighbouring residents are protected.

As such the proposal is not considered to result in harm to residential amenity accordance with Section 12 of the NPPF and the amenity considerations within Policy EN2 of the Local Plan.

(d) Highway Safety and Parking Provision

Section 9 of the NPPF advocates sustainable transport, including safe and suitable accesses to ail sites for all people. However, it also makes it clear that development should only be prevented or refused on highway grounds where there would be an unacceptable impact on highway safety or the residual cumulative impacts on the road network are severe.

Local Plan Policy INF3 (Sustainable Transport) supports development that actively supports travel choices with priority to walking and cycling and access provided to public transport. Links C:\Users\DufTp\Desktop\Schedule Nov 2018.Rtf 9 with green infrastructure, PROWs and wider cycle networks should be provided. Development that would have a detrimental effect on the amenity of existing infrastructure will not be permitted.

Local Plan Policy INF4 (Highway Safety) supports development that is well integrated with the existing transport network and beyond the application site, avoiding severance resulting from mitigation and severe impact upon the highway network. Developments that create safe and secure layouts and access will be permitted. Local Plan Policy INF5 (Parking Provision) seeks to ensure sufficient parking provision to manage the local road network.

The proposal provides two off street parking spaces on the driveway which is considered adequate for the size of the dwelling. The application utilises the existing access to the highway from the car park. It is not considered that the amount of private car journeys generated by a single residential dwelling would have a discernible Impact on the road network given the number of car journeys already made to and from the car park as a result of its established use.

Objections have been raised from local residents in regards to the proposed dwelling using the village car park for access. It is not considered that the introduction of a new vehicular access will impact upon the amount of spaces available or the viability of the car park. The submitted plans show that the carpark would have enough space to accommodate 15 cars.

A number of objections and comments have been received in relation to the construction phase of the proposal and the possible impacts on the access and use of the car park. It is therefore considered necessary to condition a construction management plan Is submitted to and approved by the local planning authority.

As such, the proposal Is considered to be In accordance with Policies 1NF3, INF4 and INF5 of the Local Plan and Section 9 of the NPPF and is acceptable in regards to any highways and parking impacts.

(e) Trees

The proposed driveway runs through an area of TPO woodland and as such the trees are protected and Local Plan Policy EN7 Trees, Hedgerows and Woodlands applies. The application was submitted with an Arboricultural Impact Assessment which has been reviewed by the Tree Officer who raised no objection subject to conditions. No trees are to be removed for the access but ground levelling is required and this will need to be done with care. The access will either need to be installed prior to any other site works as a suitable bearing surface for construction traffic or a temporary surface will need to be specified. This can be secured by condition. Services will also need to be finalised by condition as will arboriculture supervision and tree protection fencing.

Subject to conditions, the proposal is considered to be in accordance with Local Plan Policy EN7.

9. Conclusion:

The application is considered to be in accordance with National and Local Polices and it is recommended that planning permission should be granted.

10. Proposed conditions:

The development shall be started by 3 years from the date of this decision notice.

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.

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The development hereby approved shall be Implemented In accordance with the following drawing number(s): 1647-01 Rev B, 1647-02 RevA, 1647-04 Rev A, 1647-04 Rev C, 1647-05 Rev A, 1647-05 RevA.

Reason: For purposes of clarity and for the avoidance of doubt, In accordance with the National Planning Policy Framework.

Notwithstanding the approved drawings the external cheeks of the dormer windows of the development hereby permitted shall be faced in render and shall be permanently retained as such thereafter.

Reason: To ensure that In accordance with Cotswold District Local Plan EN2, the development will be constructed of materials that are appropriate to the site and its surroundings. It is important to protect and maintain the character and appearance of the area In which this development Is located.

Notwithstanding the approved drawings the roofslopes of the development hereby permitted shall be covered with artificial Cotswold Stone slate laid in diminishing courses and shall be permanently retained as such thereafter.

Reason: To ensure that, In accordance with Cotswold District Local Plan Policy EN2, the development will be constructed of materials that are appropriate to the site and Its surroundings, it Is Important to protect and maintain the character and appearance of the area In which this development Is located.

Prior to the construction of any external wall of the development hereby approved, samples of the proposed walling and roofing materials shall be approved In writing by the Local Planning Authority and only the approved materials shall be used.

Reason: To ensure that, In accordance with Cotswold District Local Plan Policy EN2, the development will be constructed of materials of a type, colour, texture and quality that will be appropriate to the site and its surroundings.

Prior to the construction of any external wail of the development hereby approved, a sample panel of walling of at least one metre square In size showing the proposed stone colour, coursing, bonding, treatment of corners, method of pointing and mix and colour of mortar shall be erected on the site and subsequently approved In writing by the Local Planning Authority and the walls shall be constructed only In the same way as the approved panel. The panel shall be retained on site until the completion of the development.

Reason: To ensure that In accordance with Cotswold District Local Plan Policy EN2, the development will be constructed of materials of a type, colour, texture and quality and in a manner appropriate to the site and its surroundings. Retention of the sample panel on site during the work will help to ensure consistency.

All door and window frames shall be recessed a minimum of 75mm into the external walls of the building and shall be permanently retained as such thereafter.

Reason: To ensure the development is completed in a manner sympathetic to the site and Its surroundings in accordance with Cotswold District Local Plan Policy EN2.

No bargeboards or eaves fascias shall be used in the proposed development.

Reason: To ensure the development is completed In a manner sympathetic to the site and its surroundings in accordance with Cotswold District Local Plan EN2.

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No windows, doors, eaves, verge, ridge, dormers, bay windows, porch, chimney, or rooflights shall be installed/inserted/constructed in the development hereby approved, until their design and details have been submitted to and approved in writing by the Local Planning Authority.

The design and details shall be accompanied by drawings to a minimum scale of 1:5 with full size moulding cross section profiles, elevations and sections. The development shall only be carried out in accordance with the approved details and retained as such at all times.

Reason: To ensure the development is completed in a manner sympathetic to the site and its surroundings in accordance with Cotswold District Local Plan Policy EN2.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any other statutory instrument amending or replacing it, no extensions shall be added to the dwelling hereby approved, no outbuildings (including sheds/greenhouses), walls, gates, fences or other means of enclosure erected or sited within the application site other than those permitted by this Decision Notice.

Reason: The property is located in a sensitive location within close proximity to the Meysey Hampton Conservation Area and The Old Rectory a Grade 11 Listed Building. It is important that the Local Authority retains a degree of control over the future development of the building in accordance with the design and landscape considerations of the National Planning Policy Framework, Cotswold District Local Plan Policy EN2.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any other statutory instrument amending or replacing it, no windows shall inserted In the first floor of the north east elevation other than those permitted by this Decision Notice.

Reason: To protect the privacy of the occupants of neighbouring dwellings in accordance with Cotswold District Local Plan Policy EN2.

Prior to the construction of any external wall of the development hereby approved, a full surface water drainage scheme shall be submitted to and approved In writing by the Local Planning Authority. The scheme shall include details of the size, position and construction of the drainage scheme and results of soakage tests carried out at the site to demonstrate the infiltration rate. Three tests should be carried out for each soakage pit as per BRE 365 with the lowest infiltration rate (expressed In m/s) used for design. The development shall be carried out In accordance with the approved details prior to the first occupation of the development hereby approved.

Reason: To ensure the proper provision for surface water drainage and/ or to ensure flooding is not exacerbated In the locality (The Cotswold Strategic Flood Risk Assessment, National Planning Policy Framework and Planning Practice Guidance).

Prior to any site development taking place, a detailed arboricultural method statement and Tree Protection Plan shall be submitted to the Local Planning Authority and approved in writing. The method statement and tree protection plan shall be in accordance with the guidance in BS 5837:2012 Trees in relation to design, demolition and construction. Recommendations and shall include details of:

A pre commencement site meeting with an appointed arboricultural consultant, the site manager and any contractors carrying out works within the root protection areas of the retained trees. The Local Planning authority is to be given 5 working days' notice of the meeting so that they can send a representative to attend

The timing of all tree protection measures

Details of tree protection fencing and excluded activities

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Details of ground protection measures where access and working space is needed outside the tree protection fencing but within the root protection area of any trees

Details of any underground services within the root protection areas of the retained trees and how they will be installed along with appropriate arboricultural supervision

Reason: To safeguard the retained/protected tree(s) in accordance with Cotswold District Local Plan Policy EN7

Notwithstanding other landscaping details, a landscaping scheme shall be submitted and approved prior to the commencement of development. The scheme shall specify the planting of new native woodland trees on the land at the sides of the access driveway (between existing car park and front boundary walls) location, numbers, sizes and species to be included. The new trees are to be adequately staked, protected and mulched. All works to accord with BS 3936- 1:1992 Nursery stock. Specification for trees and shrubs and BS 4428:1989 Code of practice for general landscape operations (excluding hard surfaces) and BS 8545:2014 Trees: from nursery to independence in the landscape recommendations.

Reason: To ensure the development is completed in a manner that Is sympathetic to the site and its surroundings in accordance with Cotswold District Local Plan Policy EN2.

The landscaping/tree planting scheme shall be completed by the end of the planting season immediately following the completion of the development or the site being brought into use, whichever is the sooner.

Reason: To ensure that the landscaping is carried out and to enable the planting to begin to become established at the earliest stage practical and thereby achieving he objective of Cotswold District Local Plan Policy EN2.

Informatives:

NOTE TO APPLICANT: The Surface Water Drainage scheme should, where possible, incorporate Sustainable Drainage Techniques in order to ensure compliance with; - Flood and Water Management Act 2010 (Part 1 - Clause 27 (1)) - Code for sustainable homes -A step-change in sustainable home building practice - The local flood risk management strategy published by Gloucestershire County Council, as per the Flood and Water Management Act 2010 (Part 1 - Clause 9 (1)) - CIRIA C753 SuDS Manual 2015

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