SCHEDULE A

Complex Planning Applications

SCHEDULE No: 4 SL/2014/0495

BEETHAM: Garden of Kern Knotts, Keasdale Road, Storth, LA7 7JR

PROPOSAL: New dwelling

Mr & Mrs Robinson

Website Link to Application

E347488 N479732 26/06/2014

SUMMARY: The proposal relates to the construction of a detached four bedroom dwelling with integral garage in the garden of Kern Knotts, Storth. The main issues are the design and scale of the proposal within the locality of Storth in the and Silverdale Area of Outstanding Natural Beauty, and the steep levels of the land that will require excavation to facilitate the erection of the dwelling on the plot.

DESCRIPTION AND PROPOSAL: Site Description The application site is within the southern area of the garden to a detached dwelling known as Kern Knotts, a corner plot in the village of Storth on Keasdale Road which links to and . The site is located within the Parish of Beetham in the Area of Outstanding Natural Beauty. Within the village of Storth there is a mixture of semi-detached and detached bungalows and houses that are sufficiently spaced with private gardens. This corner plot with mature trees and hedging along the north, west and south boundary is on land that slopes to the southwest and rises to the northeast. Beyond the steep slope to the west boundary the land plateaus within a cul-de-sac consisting of detached dwellings on Greenbank Avenue. Access to Greenbank Avenue is along a road adjacent the northern boundary of Kern Knotts. To the northwest of Kern Knotts, is a detached dwelling, Lane End Cottage with detached garage located opposite Kern Knotts. There are agricultural fields to the east southeast. There is a detached bungalow Kori, to the south , on land at a lower level. Other dwellings in the immediate vicinity are relatively low level dwellings set back from the road in sizeable gardens.

Proposal Planning permission is sought for the erection of a four bedroomed house with integral garage. The dwelling will be set into the steep slope of the western boundary placing the property in line with Kern Knotts. The house will be set back from the road approximately 12m. The dwelling would be approximately 8.2m in height at the highest point (front) and diminishing to 6.9m at the rear; this is due to the variation of land levels. The building is ‘L’ shape in design with large floor to ceiling windows proposed in the front gable ends at ground and first floor level, front door with side glazed panels, single window above, and large window and garage door in the east-southeast elevation. The northwest rear elevation will face into the west slope of the land, floor to ceiling windows are proposed at first floor level and 2 other windows; a glass door proposed at ground level. Two long windows are proposed in the northeast elevation; a large and small window in the first floor and large window and glass door in the southwest elevation. Apart from the flat roof above the front door section, the pitch roof will be slate. The external walls will be limestone render, and windows in composite timber/ powder coated aluminium.

Historical context Planning permission granted in SL/2013/0408 for a detached double garage following a pre-application consultation IE/2013/0009.

CONSULTATIONS: Beetham Parish Council Comments to be received by 11 th June 2014.

Cumbria Highways No objection – provided it incorporates a soakaway to prevent surface water going onto the highway, and the drive is finished in a bound material. Any access gates must face inward.

United Utilities Separate foul water draining to the public sewer. Soakaway.

SLDC Arboriculturist Driveway should be constructed using a cellular confinement system within the RPA of the tree T2. Tree Protection Plan submitted prior to commencement. Arboricultural method statement prior to commencement – to include construction methodology of the cellular confinement system of the RPA on T2, timing of construction and protective fencing.

Natural Comments to be received by 11 th June 2014.

Neighbours / Others 2 x objection: land levels and possible landslip either during construction or after; possible adverse impact on stability of the land. Ownership of the land between Kern Knotts and adjacent properties questioned. Loss of privacy and detriment to amenity of adjacent property, Kori; the mature trees and shrubs on the boundary are in the grounds of Kern Knotts and as such can be easily removed. Reduction in distance between properties will adversely affect the character of the area.

Councillor Ian Stewart has requested the application be presented to Planning Committee raising concerns about the close proximity to neighbouring boundaries and raising the question of whether the village needs a four bedroom detached property.

APPLICANT’S REPRESENTATIONS: None received prior to Committee however the design and access statement points to three previous decisions within Arnside granting permission for dwellings within garden space. (SL/2009/0829, SL/2012/0230, SL/2013/1000). Notwithstanding the above decision quoted by the applicant, each planning application must be considered on its own individuality.

POLICY ISSUES:

National Planning Policy Framework:- The Core Principles (17) outline 12 principles that should underpin both plan-making and decision-taking. “always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.” 60: Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to confirm to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness. 115: Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas, and should be given great weight in National Parks and the Broads.

South Lakeland Core Strategy:- Policy CS1.1 – Sustainable development principles requires that there is a need to take account of and enhance landscape character and features particularly the AONB and coast areas; direct most new development to service centres with adequate infrastructure; development should use existing buildings or previously developed land, be suitable infill within settlements, and be well located in relation to housing, jobs and other services and infrastructure. Policy CS1.2 – The Development Strategy identifies Storth as a Local Service Centre where development may account for approximately 21% of new housing and employment development. The exact scale and level of development supported will be dependent on individual character, the impact on environmental capacity and infrastructure provision, and the desire to meet the need for affordable housing as locally as possible. Policy CS8.2 - Protection and enhancement of landscape and settlement character requires that proposals should be sympathetic to, the distinctive character landscape types identified in the Arnside and Silverdale Area AONB Landscape and Seascape Assessment. That development should demonstrate the scale, design and materials will conserver and where possible enhance special qualities and distinctiveness to the settlement character. Policy CS8.10 - Design requires that the siting, design, scale and materials of all development proposals should be of a character which maintains or enhances the quality of the landscape or townscape.

South Lakeland Local Plan:- Saved Policy S2 - The South Lakeland Design code requires development applications to take proper account of its principles.

Local Plan Land Allocations Development Plan Document:- The development boundary for Storth and Sandside remains in place as per the South Lakeland Local Plan until adoption of the new Development Plan Document for the Arnside and Silverdale Area of Outstanding Natural Beauty (AONB). (DPD in association with Lancaster City Council and local communities)

Other Material Planning Considerations:- It is relevant to consider the effect of the proposal on the residential enjoyment of neighbouring properties. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted.

HUMAN RIGHTS ACT: This application has been determined to accord with the rights and limitations of the Act in relation to Article 6 (Right to a fair and public hearing), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). ASSESSMENT: The key issues raised by the proposed development are as follows: New development The development boundaries for the areas within the AONB are not part of the Land Allocations DPD but the site falls within the development boundary of Storth and Sandside in the South Lakeland Local Plan. Storth and Sandside are identified as a Local Service Centre where approximately 21% of new housing and employment development is to be located. The principle of development of the site for housing is acceptable subject to an assessment on design and impact on the AONB.

Design Notwithstanding that there are various designs to properties throughout Storth, they are, in this area, by and large similar in character and scale, respective to adjacent/adjoining properties and respectful of the character of the particular location within the village. The proposed design does not reflect the character of designs in the locality or that of adjacent or close by properties. There is a large amount of glazing fronting the road and the scale of the building is disproportionate to the size of the plot. Properties in this part of Storth are characterised by the size of dwelling proportionate to the size of the plot. A dwelling in this location would result in a large dwelling on a smaller plot than those around, and by default alter the character of Kern Knotts. In addition there are some discrepancies between the drawings in relation to the location of the building within the site and finished floor levels have not been included.

Impact on the Arnside and Silverdale Area of Outstanding Natural Beauty Light to the site is constrained by the steep slope to the west and the mature trees and hedges along the west, east and south boundaries. The mature trees and shrubs are characteristic of the area. Within this area of the AONB dwellings are well spaced, contributing to the rural characteristic at the edge of Storth village. The countryside opens up as one travels in either direction before reaching Carr Bank/Arnside or Haverbrack/Beetham. The proposal is set back from the road and when the trees and shrubs are in leaf there might be sufficient screening. However, the design of the building is such that the main frontage which has a significant amount of glazing will be visible and this will be heightened when the trees are not in leaf. The application suggests that landscaping could be conditioned, however given the need for increased visibility onto the highway, additional screening may impede this. The close proximity of the properties will increase the visual and negative impact of the properties causing harm within the AONB.

Impact on Residential Amenity The proposal would be unlikely to cause any harm to the amenity of residents to the north, east or west. To the south however, whilst the existing boundary between the site and Kori has a mature hedge of significant height, this is open to reduction or removal. The first floor bedroom window is set just over 3m from the common boundary and as such will cause overlooking and loss of amenity; this is particularly noticeable given the higher land level of the proposal.

Other Issues Raised The possibility of land slip has been raised given the amount of excavation required into the west slope, however this would be considered under Building Regulations rather than Planning.

CONCLUSION: The proposal seeks to erect a four bedroom house that will involve significant excavation works to the west slope of the land to facilitate a set back position in line with Kern Knotts. The height of the design together with the use of a large amount of glazing fronting onto the road will detract from the existing character of the landscape in this location of the AONB and edge of Storth village development boundary. The application does not seek removal of the mature trees adjacent to the road however it is probable that due to the positioning of the dwelling and restricted light that this might be required in the future to improve the light and amenity of the dwelling. The development would adversely affect the residential amenities of the adjoining property. The proposal does not accord with Policies CS1.1, CS1.2, CS8.2 or CS8.10 of the South Lakeland Core Strategy; saved Policy S2 of the South Lakeland Local Plan; and paragraph 17, 60, 115 of the National Planning Policy Framework.

RECOMMENDATION: REFUSE for the reason below - Reason The proposal will cause harm to the character of this locality by virtue of the distinctive semi-rural open character in this southern edge of Storth and the scale and design of the proposal on a plot that if developed would alter the character of the location within the Arnside and Silverdale Area of Outstanding Natural Beauty. The development would, by reason of the position of the first floor windows on the south west elevation overlook the garden of the adjoining residential property Kern Knotts, adversely affecting residential amenities. The development therefore would not accord with Local Planning Policies CS1.1, CS8.2 and CS8.10 of the South Lakeland Core Strategy and S2 of the South Lakeland Local Plan or accord with guidance in paragraphs 17, 60 and 115 of the National Planning Policy Framework .

P & P The Local Planning Authority has acted positively and proactively in Statement determining this application by identifying matters of concern with the proposal and discussing those with the applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason for the refusal, approval has not been possible.