DEVELOPMENT MANAGEMENT COMMITTEE - 18 DECEMBER 2017
Case No: 17/01480/FUL (FULL PLANNING APPLICATION)
Proposal: CHANGE OF USE TO GARDEN LAND (PART RETROSPECTIVE)
Location: LAND AT CHANDLERS, SPALDWICK
Applicant: MR S DANIELS
Grid Ref: 512772 272882
Date of Registration: 20.09.2017
Parish: SPALDWICK
RECOMMENDATION - APPROVE
This application is referred to the Development Management Committee (DMC) as Spaldwick Parish Council's recommendation of refusal is contrary to the officer recommendation of approval.
1. DESCRIPTION OF SITE AND APPLICATION
1.1 This application relates to a parcel of land to the south and east of 6 Chandlers, Spaldwick.
1.2 The site lies within the Spaldwick Conservation Area and is adjacent to a grade I listed building - Parish Church of St James (1330478), which is located to the south of the application site. A public right of way runs along the east, south and southwest of the application site and a number of trees registered under a Tree Protection Order (TPO 010/00) are positioned along the southwest boundary.
1.3 The boundary to the east of the application site comprises a section of close boarded fencing, substantial hedging and a number of established trees. The boundary to the south (adjacent to the church), comprises low level, mixed field hedging and a number of established trees, providing views of the church from Thrapston Road between 2 Chandlers and 33 Thrapston Road.
1.4 The proposal is for the change of use of the parcel of land to garden land which is in part retrospective.
2. NATIONAL GUIDANCE
2.1 The National Planning Policy Framework (2012) sets out the three dimensions to sustainable development - an economic role, a social role and an environmental role - and outlines the presumption in favour of sustainable development. Under the heading of Delivering Sustainable Development, the Framework sets out the Government's planning policies for: building a strong, competitive economy; ensuring the vitality of town centres; supporting a prosperous rural economy; promoting sustainable transport; supporting high quality communications infrastructure; delivering a wide choice of high quality homes; requiring good design; promoting healthy communities; protecting Green Belt land; meeting the challenge of climate change, flooding and coastal change; conserving and enhancing the natural environment; conserving and enhancing the historic environment; and facilitating the sustainable use of minerals.
3. PLANNING POLICIES
3.1 Saved policies from the Huntingdonshire Local Plan (1995) • EN2: Character and Setting of Listed Buildings • EN5: Development within Conservation Areas • EN6: Conservation Areas: Design • EN9: Conservation Areas • EN18: Protection of Countryside Features • EN25: General Design Criteria
3.2 Saved policies from the Huntingdonshire Local Plan Alterations (2002) • HL5: Quality and Density of Development
3.3 Adopted Huntingdonshire Local Development Framework Core Strategy (2009) • CS1: Sustainable Development in Huntingdonshire • CS3: The Settlement Hierarchy
3.4 Huntingdonshire's Local Plan to 2036: Consultation Draft 2017 • LP1: Strategy for Development • LP7: Small Settlements • LP10: Design Context • LP11: Design Implementation • LP13: Amenity • LP31: Trees, Woodland, Hedges and Hedgerows • LP34: Heritage Strategy • LP35: Heritage Assets and their Settings
3.5 Supplementary Planning Documents: • Huntingdonshire Design Guide Supplementary Planning Document 2017
For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities- and-local-government
4. PLANNING HISTORY
4.1 The application site and surrounding parcels of land have an extensive planning history:
0102817OUT - Erection of 4 dwellings - Approved and built (Reserved Matters (0802547REM) approved in 2009, following successful S73 application to increase time limit for submission
0401372OUT - Erection of eleven dwellings - Refused - 03.09.2004 - Appeal Dismissed
0501509OUT - Erection of eight dwellings - Refused - 01.07.2005 - Appeal Dismissed 1100849FUL - Erection of a dwelling - Refused - 11.10.2011 - Appeal Dismissed
1300797FUL - Erection of dwelling - Refused - 18.09.2013
15/02245/FUL - Erection of a subterranean three bedroom dwelling - Refused - 24.06.2016 - Appeal Dismissed
5. CONSULTATIONS
5.1 Spaldwick Parish Council: Spaldwick Parish Council recommends refusal for the following reasons: The proposal to change the use of this undeveloped paddock/field to garden land and erect a post and rail fence would urbanise this land adjacent to a Grade 1 Listed Building. The property's occupants are likely to have domestic paraphernalia in the space and may well seek privacy from the adjoining public footpath by constructing a more solid fence, thereby eroding the open view of The Church. Any intrusion into this open space behind 33 Thrapston Road would only result in harming the view of The Church. It is disappointing that the developer of Chandlers has allowed this paddock to become an overgrown mess.
5.2 Historic England: "… do not wish to wish to offer any comments… suggest you seek the views of your specialist conservation and archaeological advisers as relevant".
5.3 CCC Footpaths: "Please note Public Footpaths No. 8 and 10, Spaldwick forms part of the site access route…as a result [a] condition [should be applied] to any permission granted".
6. REPRESENTATIONS
6.1 None.
7. ASSESSMENT
7.1 The report addresses the principal, important and controversial issues which are in this case: • The principle of development; • Design and impact on the historic assets ; and • The impact on the amenity of neighbours.
The principle of development:
7.2 The application forms states the last use of the site is "unknown", however it is noted that land without a recognised existing use or any historic use defaults back to 'agricultural land'. A review of a previous application (0802547REM) identified the previous use of the land as a paddock.
7.3 A previous application (15/02245/FUL) identified that the parcel of land is not considered to be located in the open countryside given the extent of the development which surrounds the site. However, the readily interpreted sense of openness afforded to the reader (particularly looking southwest across the site) is such that the application site is considered to be an edge of settlement site. Parcels of land in edge of settlement locations are often utilised as garden land and as such, the principle of the change of use of the land is considered to be acceptable.
Design and impact on the historic assets:
7.4 The concerns outlined in the Parish Council comments are noted. Consultation with HDC Conservation raised similar concerns given the proximity and importance of the Grade I listed Parish Church of St James to the south, which is a defining feature of the village and makes a significant positive contribution to the character of the Spaldwick Conservation Area.
7.5 The parcel of land has an extensive planning history, including numerous appeals to the Planning Inspectorate. Inspector reports have identified the importance of this parcel of land, with a clear focus on the sense of openness which it provides and the subsequent contribution which the views across the application site make to both the setting of the grade I listed building and the character of the Conservation Area. Specifically, insofar as views are concerned, different Inspectors made the following comments in historic appeal decisions:
7.6 0401372OUT (for eleven dwellings): "The setting [of the church] is formed not only by the churchyard but also by the open pasture land to the south and west and by the appeal site to the north"; "The fact that [views from Thrapston Road] are flanked by housing developments does not significantly affect the sense of openness that the appeal site imparts to these views".
7.7 1100849FUL (for one dwelling): "The views from Thrapston Road take in the whole of the Church and these wide views are not just important but crucial to the setting of the Church and to the character of the Conservation Area"; "The partial obscuration of the Church in these views from Thrapston Road would have a significant adverse effect on the setting and appreciation of St James's Church and on the character of the Spaldwick Conservation Area".
7.8 15/02245/FUL (for a subterranean three bedroom dwelling): "The views from Thrapston Road take in the whole of the Church and these wide views are not just important but crucial to the setting of the Church and to the character of the Conservation Area".
7.9 A critical issue in the consideration of the proposal centres upon the permitted development rights afforded to the landowner under Part 2, Class A of the GPDO 2015 (as amended), which permits the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure up to 2m in height if not adjacent to a highway used by vehicular traffic.
7.10 It is noted that the supporting design and access statement outlines that the boundary treatment to enclose the parcel of land and identify the public rights of way can be secured by condition. Accordingly, full details of the proposed boundary treatment will be secured by condition, with the expectation that the enclosure will be of a design which retains permeability of views across the site, in order to ensure that the setting of the listed building and the character and appearance of the Conservation Area are not detrimentally impacted.
7.11 In addition, a further condition will be imposed which restricts the aforementioned permitted development rights, in order to ensure that the sense of openness is retained.
7.12 With the imposition of the conditions outlined above and recommended by CCC Footpaths, the proposed development is considered to be acceptable.
The impact on the amenity of neighbours:
7.13 The proposed change of use is not considered to result in an unacceptable detrimental impact upon the amenity of neighbours in terms of overlooking, overshadowing or by way of being overbearing. As such, the proposed development is considered to be acceptable in this regard.
8. RECOMMENDATION - APPROVAL subject to conditions to include the following
• Time limit • Development in accordance with plans • Prior to commencement of development, the definitive line of the public right of way shall be marked out on site • Full details of proposed boundary treatments to be submitted • Removal of Permitted Development rights (Part 1, Class E) • No planting above 2m in height
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CONTACT OFFICER: Enquiries about this report to James Lloyd Senior Development Management Officer 01480 388389
Huntingdonshire D I S T R I C T C O U N C I L Pathfinder House St Mary’s Street Huntingdon PE29 3TN Head of Planning Services Pathfinder House St. Mary’s Street Huntingdon Cambridgeshire PE 29 3TN
APPLICATION NUMBER: 17/01480/FUL CASE OFFICER: Sheila Lindsay
PROPOSAL: Change of use to garden land (part retrospective)
LOCATION: Land at Chandlers Spaldwick
OBSERVATIONS OF SPALWICK PARISH COUNCIL REFUSE
Recommend refusal:
Spaldwick Parish Council recommends refusal for the following reasons:
The proposal to change the use of this undeveloped paddock/field to garden land and erect a post and rail fence would urbanise this land adjacent to a Grade 1 Listed Building. The property's occupants are likely to have domestic paraphernalia in the space and may well seek privacy from the adjoining public footpath by constructing a more solid fence, thereby eroding the open view of The Church. Any intrusion into this open space behind 33 Thrapston Road would only result in harming the view of The Church.
It is disappointing that the developer of Chandlers has allowed this paddock to become an overgrown mess.
Ms Ramune Mimiene, Clerk to Spaldwick Parish Council.
Date: 4 October 2017
Failure to return this form within the time indicated will be taken as an indication that the Town or Parish Council do not express any opinion either for or against the application.
PLANNING SERVICES dcparish.rtf
Tel 01480 388388 Fax 01480 388099 [email protected] www.huntsdc.gov.uk
Development Management Committee
Scale =1:1,250 Application Ref: 17/01480/FUL
Date Created: 04/12/2017 © Crown copyright and database rights 2017 o Location: Spaldwick Ordnance Survey HDC 100022322
24 ! 8 Depot
Pond 5
35 THRAPSTON ROAD 1
POUND CLOSE 2
6 18 33
3 2 CHANDLERS 31 25
6 23 23a 4
29 21
19 17
15
11
7 5
2 St James's Church
CHURCH LANE 3 9 1
War Meml
2 2 4 6
4 Playground
Lydda
6
1 Key Listed Building Path (um) Pond The Site Conservation Area
5
ESS N Pond 5
22.9m
1 35 THRAPST
ON ROAD
POUND CLOSE 2
18 33
21.9m
3
2
CHANDLERS 31
25
6 23 23a
4 REV DATE BY REVISION NOTES Suite 2, Clare Hall,
29 St Ives Business Park,
19 Parsons Green, St Ives, Cambs, PE27 4WY
C COPYRIGHT
Tel: 01480 494969 PARTNERS Email: [email protected] in PLANNING Web: www.planningandarchitecture.co.uk and ARCHITECTURE
PROJECT Proposed change of use of land to garden land, 6 Chandlers, Thrapston Road, Spaldwick. 7 5
CLIENT Mr S Daniels
DRAWING TITLE Location Plan
DRAWN BY SCALE 1:1000 @ A4 DJM 2.0 6.0 8.0 DATE DWG. No. REV. 11/07/17 10/01/GLP1
Scale 1:1000 @ A4 Pond 5
22.9m
1 35 THRAPST
ON ROAD
POUND CLOSE 2
18 33
21.9m
3
2
CHANDLERS 31
25
6 23
23a
4 REV DATE BY 29 Suite 2, Clare Hall, St Ives Business Park, PROPOSED Parsons Green, 19 GARDEN Cambs, PE27 4WY
C COPYRIGHT
Tel: 01480 494969 PARTNERS Email: [email protected] in PLANNING Web: www.planningandarchitecture.co.uk and ARCHITECTURE
PROJECT Proposed change of use of land to garden land, 6 Chandlers, Thrapston Road, Spaldwick.
CLIENT Mr S Daniels
DRAWING TITLE Block Plan
DRAWN BY SCALE 1:500 @ A4 DJM 2.0 6.0 8.0 DATE DWG. No. REV. 11/07/17 10/01/GBP1 7 5 N
Scale 1:1000 @ A4
REVISION NOTES
St Ives,