WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
WARD: Bere Ferrers (Cllrs M Benson; R Musgrave)
APPLICATION NO: 02493/2012 LOCATION: Treyard, Weir Quay, Bere Alston, Yelverton, PL20 7BS APPLICANT NAME: Mr & Mrs A Higgins APPLICATION: Full PARISH: Bere Ferrers GRID REF: 243299 64967 PROPOSAL: Householder application for Conversion of roof space to provide residential accommodation including alterations to roof and erection of porch CASE OFFICER: Ben Wilcox TARGET DATE: 24/05/2012
The application has been called in by Cllr M Benson for the following reason: ‘I request that this application brought before the Planning and Licensing Committee. This is an historic heritage building within the Tamar Valley AONB and World Mining Heritage. It was formally the counting house for the local mine now converted to a private dwelling. A number of residents are concerned over proposed changes to the building which could significantly change its appearance. I therefore feel that this application is dealt with in open committee’.
PROPOSAL Householder application for conversion of roof space to provide residential accommodation including alterations to roof and erection of porch.
SITE AND SURROUNDINGS The proposed development site is known as ‘Treyard’ a large predominantly single storey dwellinghouse also with a two storey aspect located at Weir Quay. Historically, the building would have been used for an industrial use in relation to mine workings in the area.
The property is of painted stonework construction with a natural slate roof and a mixture of timber and PVCu glazing.
The property is positioned around a courtyard and is ‘L’ shaped in form. The courtyard faces north with the principal elevation facing into the courtyard. The main highway which leads to Weir Quay from Bere Alston runs to the south east of the site with an additional highway which runs adjacent to the River Tamar to the south west from where direct access to the site can be achieved via a gated entrance.
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
The property retains a significant amount of historic character, however this has been eroded with the addition of PVCu glazing and other minor alterations. The property is not a listed building however it is located approximately 135m to the south west of the Grade II listed former Smelting Works and Count House and is with 30m of a Grade II listed Lime Kiln.
The site is located within a designated Conservation Area, the Cornwall and West Devon Mining Landscape World Heritage site and Tamar Valley Area of Outstanding Natural Beauty (AONB).
CONSULTATIONS Bere Ferrers Parish Council: No comments received
County Highways Authority: Standing Advice – No highway objection
Environmental Agency: No comments received
South West Water Service: No comments received
Natural England: Awaiting comments
Local Residents/Interested Parties: 5 letters of objection received raising concern over the proposed development and stating that it would be out of keeping with the character of the original dwelling and surrounding Conservation Area, AONB and World Heritage Site.
Conservation Officer: No objection
PLANNING HISTORY 02280/2012 Householder application for conversion of roof space to provide residential accommodation including alterations to roof. Application withdrawn 16/03/2012
5537/2004/TAV Erection of shed for painting studio Consent 04/03/2004
1003/2000/TAV Alteration to provide a lean to conservatory Conditional Consent 04/01/2001
0082/2000/TAV Erection of summer house Conditional Consent 24/03/2000
F/3/29/1115/1998/2074/006 Formation of new access Permission Not Required 30/04/1998
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
F/3/29/1114/1998/2074/005/ Alterations and extensions to existing outbuilding to provide additional accommodation ancillary to main house Withdrawn 22/06/1998
CAC/3/29/1114/1998/2074/005/ Demolition and reconstruction of boundary wall to match existing Conditional Consent 20/05/1998
CAC/3/29/1062/1997/2074/002/ Proposed new window in North-Western elevation Conditional Consent 10/04/1997
POLICY FRAMEWORK National Planning Policy Framework (Chapter 7)
Structure Plan 2001 - 2016 Policies CO3 Areas of Outstanding Natural Beauty CO6 Quality of New Development CO7 Historic Settlements and Buildings ST1 Sustainable Development
Local Plan Review Policies H40 Residential Extensions BE1 Conservation Areas
Core Strategy Policies SP17 Landscape Character
ASSESSMENT The application proposes the conversion of roof space to provide residential accommodation including alterations to roof and erection of porch.
It is proposed to raise the ridge height of the single storey aspect which runs on a north-west/south-east axis by 0.4m.
Within the roof space of this aspect of the building it is also proposed to incorporate 3 conservation style roof lights. Withdrawn application 02280/2012 proposed dormer windows instead of roof lights, however this was not supported by the Borough Conservation Officer. It was considered that the use of dormers in a building previously of industrial use, would not have been sympathetic to its historical use. It is noted that the property is characterised by the long, continuous ridges visibly evident in the street scene, the use of dormers would have significantly harmed this. It is noted that dormer windows are evident within the courtyard area, however these are not visible from the highway and are considered to have limited detrimental impact upon the property itself and surrounding area.
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
Officer view is that the raising of the ridge and incorporation of conservation style roof lights would have a limited detrimental impact upon the character of the property.
The application also proposes the erection of a porch. It is proposed to extend the roof over the existing entrance which faces in a north westerly direction creating an open porch.
Officer view is that this alteration is small in scale and would have a limited detrimental impact upon the character of the property.
5 letters of objection were received during the consultation process all of which raised concern over the design of the alterations with specific reference being made to the raising of the ridge in respect to the sites historical context.
Officer view is that the proposed development would have a limited detrimental impact upon the character of the property and Outstanding Universal Value of the Cornwall and West Devon Mining Landscape World Heritage Site. It is considered that the character and form of the dwelling would be retained with the angle of the roof pitch remaining unchanged, this would therefore respect the historical context of the property. An increase in ridge height of 0.4m is considered to be minor with the ridge height not exceeding the highest part of the dwellinghouse. The details submitted are as previously discussed between the agent and Borough Conservation Officer.
The application is therefore recommended conditional consent.
Human Rights Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at a recommendation the rights of the applicants have been balanced against the objections raised by third parties. However, having due regard to objectives of Development Plan Policies and Central Government Guidance and relevant consultation replies, it is not considered that these concerns would override the applicant’s reasonable expectations under the Convention.
RECOMMENDATION GRANT subject to the following conditions: 1. TLPP1 – Standard Time Limit for Planning Permission 2. Development to be carried out in accordance with approved plans 3. Details/samples of materials required 4. Details of proposed roof lights to be submitted to and approved in writing by the Local Planning Authority ______
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
WARD: Tavistock North (Cllrs Mrs S Bailey; J Moody)
APPLICATION NO: 02497/2012 LOCATION: Higher Wilminstone Farm, Wilminstone, Tavistock, Devon, PL19 0JT APPLICANT NAME: Ms I Chambers APPLICATION: Full PARISH: Tavistock GRID REF: 249273 76207 PROPOSAL: Conversion of milking parlour to holiday let. CASE OFFICER: Ben Dancer TARGET DATE: 23/05/2012
PROPOSAL Conversion of milking parlour to holiday let.
SITE AND SURROUNDINGS The application site is located to the north of Tavistock being accessible via a small junction from Old Exeter Road as it heads towards “Vigars Hall” which is situated approximately 130m to the south of the application site and also via the road approximately 225m to the east of the site, which connect the A386 to Heathfield.
The site is accessed via a narrow track in need of some repair to reduce its rutted and compacted nature and removal of the loose aggregate material. This track separates the site from the nearby dwellings known as “Wilminstone House”, “Swallow Cottage” and “Wilminstone Farm”. These properties face onto the track with a separation distance of approximately 3 – 4m from the north elevation of the milking parlour.
Further to the Southeast is the property known as Higher Wilminstone Farm being approximately 13m from the rear yard area that is situated adjacent to the former milking parlour’s Eastern elevation.
Further to the South of the site is the property known as “The Barn” which benefits from consent for use as a holiday let and also was granted planning permission for change of use to A2 office, B1 light industrial and B8 storage uses under planning application 12857/2009/TAV.
The building that is the subject of this application is currently not in use as a milking parlour and is not in use as per permission gained via appeal for B1 office use. The building has some storage of materials not associated with agriculture which does not benefit from any formal planning consent.
The building has been altered internally via partitions and there are exterior alterations to the north elevation by way of a doorway and window.
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
The remainder of the site consists of large block and metal agricultural buildings to the southern boundary and associated yard area with the smaller disused milking parlour building to the North-Eastern boundary. The disused milking parlour has been the subject of previous planning applications and appeals as noted in the section of this report dealing with the planning history.
The site is enclosed via a rendered block-work wall and pair of metal gates. Beyond the site the landscape alters to fields with typical mature hedge boundaries.
The site is not located within a settlement boundary or area of special designation.
CONSULTATIONS Tavistock Town Council: Object – “poor access to property. Major reconstruction but unable to ascertain suitability from drawings. No access shown on drawings. No insulation. No Building regs.”
County Highways Authority: No objection – “I note the earlier approval allowed on appeal for the use of the site as offices. A holiday let in this location will generate in the region of 4 trips, 2 in, 2 out and therefore a likely reduction and change in traffic type. I have no highway objection”.
South West Water Services: No Comments
Local Residents/Interested Parties: 3 letters of objection have been received raising the following concerns: - Unsustainable location - Enclosure of yard area to create living accommodation - Unsuitable building for conversion - Previous appeal history relevant in refusing holiday let use of this building - Planning histories for other converted buildings in vicinity of the site has led to more permanent residences and enforcement action. - Creeping planning development - Unable to accommodate traffic generated by the proposed use - Office use traffic flows not as great as holiday let use - Noise and disturbance to local residences by way of traffic flows - Development does not comply with Policies NE10 or RB1
PLANNING HISTORY 00942/2010 Construction of new roof to milking parlour. Refused 14/02/10. APPEALS DISMISSED 19/04/11 13441/2009/TAV Conversion of barn to B1 office and associated works. Refused 23/12/09. APPEAL ALLOWED 22/04/12 9774/2006/TAV Conversion of milking parlour to holiday let. Refused 06/02/07. Appeal Dismissed. 8193/2005/TAV Change of use of part building for car servicing and the creation of a new access road – Refused 31/01/06
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
8268/2005/TAV Part change of use of building to car service facility for the owners vehicles – Refused 10/01/06 6995/2005/TAV Change of use of agricultural buildings to light industrial/storage use – Refused 26/04/05
POLICY FRAMEWORK National Planning Policy Framework (NPPF)
Structure Plan 2001 – 2016 Policies ST1 Sustainable Development CO6 Quality of New Development TO3 Tourism Development in Rural Areas TR5 Hierarchy of Modes TR10 Highways Network
Local Plan Review Policies NE10 Development in the Open Countryside RB1 Barn Conversions for Business uses T9 Impact on the Highway network PS2 Surface Water Drainage PS3 Foul Drainage
Core Strategy Policies SP1 Sustainable Development SP10 Supporting the Growth of the Economy SP11 Rural Regeneration SP19 Biodiversity SP20 Promoting high Quality Design
ASSESSMENT The proposed conversion of the milking parlour to holiday let requires assessment against the relevant polices of the Development Plan with the most pertinent being Local Plan Policy RB1 “Barn Conversions for Business Uses”. In addition the amenities of the site and surrounding area have to be assessed. It is also necessary to consider the previous appeal decisions relating to this site as they are material to the assessment of the current proposal.
The milking parlour has previously been proposed for conversion which was refused by the Local Planning Authority (LPA) and subsequently dismissed at appeal (APP/Q1153/A/07/2041580). The appeal was considered in conjunction with two other appeals relating to the larger agricultural buildings located directly adjacent to the milking parlour on its southern boundary (separated by a narrow area of hard standing that forms part of the shared concrete yard).
The Inspector determining these appeals commented that “the main issue in all three appeals is whether the developments would be unsustainable, having regard to patterns of travel and whether the existing buildings would be suitable for re-use.
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
Other issues include their effect on local residents living conditions, highway safety and the landscape”.
In this appeal the Inspector noted that “the appeal site is relatively isolated, and located several miles from the nearest settlement. It does not have good access to public transport. As the site is not within or next to an existing town or village where staff housing, shops and other facilities would be provided, all three appeals would therefore lead to unsustainable patterns of travel and imprudent use of energy resources”.
In addition and in reference to the milking parlour specifically the Inspector also noted that “the existing milking parlour is a simple, utilitarian structure. I saw that much of its original floor slab and flimsy corrugated asbestos roof would have to be replaced. The external envelope would have to be insulated and lined, and new windows would be inserted. Internal, the building would have to be fitted-out with partitions, services and new stair. Externally the building would need to be re- rendered”.
Finally the Inspector also stated that appeals B and C to holiday letting accommodation and included a gym and fitness centre, stable and communal area “would support local tourism and the enjoyment of the countryside, and would thereby help support the rural economy. However, it has not been shown that similar accommodation cannot be reasonable located within or near an existing settlement where travel patterns would be more sustainable....the existing buildings are not of architectural or historic interest and do not make a positive contribution to local character”.
In essence the scheme proposed was to provide a set of linked holiday accommodations and ancillary features such as the stable and gym that would create a small scale holiday letting complex. Given that these appeals were subsequently dismissed it is clear that the range of alterations and unsustainable nature of the proposed use were key factors in determining that appeal.
Since that appeal there have been further appeals relating to the building which have relevance.
As noted in the history section of this report planning permission was refused for the change of use of the milking parlour for B1 office use (13441/2009/TAV). The refusal was appealed and the appeal was allowed. The Inspector in dealing with this appeal commented upon the RB1 policy used for assessing such applications stating that:
“That policy is generally permissive; it permits the re-use or conversion of a rural building for business use if it is structurally sound, capable of conversion without significant alteration or reconstruction and suitable for the proposed use. The building is strictly utilitarian in appearance, with a corrugated roof and lean-to. It has no features worthy of conservation. The structure is sound, though the lean-to would need re-roofing. The proposed development would not significantly affect its general appearance or require extensions to the existing footprint. Although some internal
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
alterations and new partitions have been added, I do not find they constitute a significant start on the development now proposed”.
The Inspector also commented on the scale of the development proposed in stating that “there is no compelling evidence that the proposed development on such a small scale would prejudice the vitality of any nearby town or village, I consider it would meet the criteria of this policy”.
With relation to the scale of development the Inspector noted key differences in the scale of converting the milking parlour to a B1 use as opposed to the holiday letting ‘complex’ dismissed under appeals B and C referred to above.
The Inspector concluded that at the time of those appeals “the milking parlour was intended for conversion to a holiday unit, a purpose for which it was unsuitable. In this case the proposed development is different; it is on a far smaller scale and national objectives for conversion of existing buildings in the countryside for small- scale development have been refined in the interests of economic growth”.
This last reference is made in respect of the National Planning Policy Statement 4: Planning for Economic Growth which was in effect at the time of that appeal but has now been superseded by the National Planning Policy Framework (NPPF).
The principle of scale however still remains pertinent in terms of this current application as the proposed conversion to holiday let mirrors the form of the B1 office use in terms of both design and in scale (inclusive of parking).
The Inspector’s stance on the above matters was the determining factor in allowing for the B1 use of the milking parlour (APP/Q1153/A/10/2120518) especially when considering the matters surrounding vehicular movements and impacts upon neighbouring residents amenities.
Highways Previously larger scale proposals have been refused on highways grounds due to the paucity of the road network to accommodate such flows and the unsustainable nature of the site. More recently highways issues have been re-defined by way of the most recent planning appeals (specifically APP/Q1153/A/11/2143854) whereby the Inspector noted that “I am mindful that the approved office use within the milking parlour, if implemented, would attract some vehicles to the site already. That use is limited by conditions to offices only as well as in terms of the hours of operation”.
The Inspector in this appeal concluded that it was the issue of increased traffic flows beyond those already allowable via a B1 office use that led to his dismissal of the appeal.
The Highways officer has confirmed that the flows for holiday let and B1 office use are not dissimilar in frequency or nature and therefore has not objected to this application for holiday letting.
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
Given the above, the current application has to be assessed against these appeal decisions and the differences in the schemes proposed. It is officer view that the older appeals relating to the creation of a holiday letting across the 3 buildings was seen as being of an unsustainable scale and that the buildings were not suitable for conversion without extensive alteration. In the more recent appeal decision for the B1 office use the scale was considered appropriate and the conversion proposed a level of intervention into the buildings fabric that was in the Inspectors opinion, acceptable in terms of the RB1 policy.
Neither set of appeals found that either use would unacceptably harm the amenities of local residents by way of overlooking or traffic flows.
Whilst objections have been received stating that traffic flows would be higher than a holiday let use this is not necessarily accurate. The appeal decision allowing for use of the building for B1 office use granted the use of the building with 4 offices housed within the buildings envelope as denoted on the plans submitted for that application. It is not unreasonable to presume that the building could be occupied by more than one end user or if used by one end user, that not all staff would arrive at the same time. The assertions that an office use would generate 2 flows as compared with 4 flows for the holiday let is therefore not considered to be entirely accurate. There will be a difference in the times that flows would occur, but again the intensity of such flows would not be dissimilar in nature to the residential uses nearby.
The plans indicate that access from the road would be via the gated entrance to the site and that parking and boundary treatment remain as existing and as approved by the aforementioned appeal decision for office use.
In assessing this application consideration has to be given to the appeal decisions but also to the particular merits of the proposed development.
In this case the economic benefits of the holiday let can be considered as somewhat limited given its scale. The building has been acknowledged by the planning Inspector as being structurally sound and capable of conversion. It has also been acknowledged that the sustainability of small scale re-use by way of B1 office use is sustainable and does not prejudice the vitality of a nearby town or village (APP/Q1153/A/10/2120518).
The key issue therefore hinges around the suitability of the building for its intended use and the impacts of that use upon the locality.
The proposal is considered to meet the criteria of RB1 in that; (i) The building is structurally sound and capable of conversion without the need for significant extension, alteration or reconstruction and is suitable for the proposed use; (ii) The form, bulk and general design are in keeping with its surroundings; (iii) The use of the building or its curtilage would not be visually intrusive in the countryside; (iv) The proposed use will not harm the local environment through the creation of
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
noise, dust, smoke, fumes, grit, vibration or any other form of water, soil or air pollution; (v) It will not lead to a dispersal of activity or uses on such a scale as to prejudice the vitality of a nearby town or village (vi) The traffic to be generated by the new use can be safely accommodated by the site access and the local road system. (vii) It has been demonstrated following a survey that no harm will be caused to protected wildlife.
The scale of development proposed is considered to be relatively small. Whilst there is the issue of traffic flows being at different times to those of an office use and for the duration of the week as opposed to weekdays it is considered that they would not amount to a scale or intensity that would unduly harm the amenities of nearby residents or that their character would be much removed from residential traffic flows.
It is apparent from the plan that no formal curtilage area, other than the section of yard for parking and access is being provided. This would not prevent its use for purposes of enjoyment of holiday makers although it is considered that such use would be limited in terms of the nature of occupancy.
The primary issue remaining is the suitability of the building for its use. The proposal does not propose any landscaping or visual enhancements to the site by way of removal of the remaining agricultural buildings or the provision of planting to enhance the biodiversity of the site or the rural aspect of this particular area.
In effect the use is limited to the milking parlour and former farmyard with no additional works to enhance the potential amenity value of the site. Whilst it is officer opinion that such enhancements would have been beneficial they are not required within the criteria of the RB1 policy. Whilst the proposal does not promote a high quality development in design terms the level of conversion and its standard has previously been determined as acceptable for a business use and whilst the nature of occupancy for holiday letting is acknowledged as being different, it is considered that holiday lettings are provided within a range of building types of varying degrees of character and in locations with varying degrees of visual amenity.
It is noted that objections have been raised with respect to the developments compliance with Local Plan Policy NE10 as reproduced below:
“Development within the countryside outside settlement limits or not otherwise in accordance with policies or allocations in the Plan will not be permitted unless: (i) It provides an overriding economic or community benefit and cannot be reasonably located within an existing settlement; (ii) It does not cause unacceptable harm to the distinctive landscape character of the area and the important natural and made features that contribute to that character including views; (iii) Where the development is not associated with agriculture the best and most versatile land is only developed if sufficient lower grade land is not available
WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 19 JUNE 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA
or that available lower grade land has an environmental value that outweighs agricultural considerations”. It is officer opinion that the conversion of the barn falls within the parameters of policy RB1 and therefore does not conflict with the policies within the plan, equally with the exception of criterion 1 it is considered to meet criteria contained within the NE10 Policy. The Inspector in dealing with the appeal for conversion of the milking parlour to B1 office use found no conflict with the NE10 policy in that case.
Whilst many holiday lets are situated in close proximity to farms these are very often afforded curtilage that allows for the enjoyment of the unit outside of the confines of the let itself. In addition they seek to support an agricultural enterprise. These benefits are not present on the site given that the site does not appear to retain any permanent agricultural enterprise.
Whilst the quality of the building is not considered to be high and there are no landscaping benefits being offered it is apparent that this proposal in the strict terms of the criteria of RB1 would comply with the criteria deemed necessary to permit a business use on this site, of which holiday letting is accepted as being.
Whilst the site may not lend itself to being of high aesthetic quality it is not dissimilar to other holiday letting accommodation that would be situated adjacent to a working farm.
In terms of the issues surrounding sustainability it is acknowledged that access to services is somewhat limited as the site is not adjacent to a main bus route or village. However the site is located adjacent to other properties as opposed to being situated in a remote or isolated location. In addition holiday let do in general provide economic benefits at varying scales that would benefit a wider area as services would be accessed from the wider area.
Objections have stated that the yard area to the rear of the building is to be covered and use for living accommodation. The plans do not show this and indeed are an exact replication of the form and design that has been approved via appeal for the B1 office use. The proposal does not include any extension to the building and retains the previously approved external design. The interior is altered in that the internal partitions are as per the previously approved plans but with the rooms now being altered to provide accommodations such as kitchen, lounge and bedrooms.
Given the material considerations inclusive of previous appeal decisions, impacts of the proposed development upon the amenities of the site and surrounding area, impacts upon neighbouring resident’s amenities and the policy criterion of the relevant Development Plan Policies it is considered that the proposed use is, on balance, acceptable in planning terms.
This application has been determined in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 which states that planning applications must be determined in accordance with the Development Plan unless material considerations
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indicate otherwise. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are the National Planning Policy Framework, Devon Structure Plan Policies ST1, CO6, TO3, TR5, TR10, West Devon Core Strategy Policies, SP1, SP10, SP11, SP19, Sp20 and West Devon Local Plan Policies NE10, RB1, T9, PS2 and PS3 All consultations and representations, and relevant planning history, have been given due consideration and balanced accordingly when formulating this recommendation and conditions.
Human Rights Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at a recommendation the rights of the applicants have been balanced against the objections raised by third parties. However, having due regard to objectives of Development Plan Policies and Central Government Guidance and relevant consultation replies, it is not considered that these concerns would override the applicant’s reasonable expectations under the Convention.
RECOMMENDATION GRANT subject to the following conditions: 1. Standard time limit 2. Removal of PD rights for extensions, alterations to roof and curtilage structures 3. Details of proposed fould and surface water drainage systems to be approved 4. Details/samples of materials to be submitted to and approved in writing by the Local Planning Authority. 5. Works to seal wall tops to be carried out between 15th Sept and the end of Feb 6. Nesting provision as detailed in Wildlife report to be erected and maintained. 7. Area shown as parking and turning to be provided and retained unless otherwise agreed in writing 8. The development hereby approved shall be used for holiday let purposes only and not as a primary residence. ______