SCHEDULE SL/2015/0823 (c) URSWICK: Land at Wellwood, Bardsea ULVERSTON LA12 9RD PROPOSAL: Dwelling Mr Michael Mackenzie Website Link to Application E329723 N474103 26/11/2015 SUMMARY The application seeks planning permission for the demolition of a stable building and the erection of a single storey dwelling in its place within the domestic curtilage of a large residence known as Wellwood, to the south of Bardsea. The dwelling would provide disabled living accommodation for the owner of Wellwood. The application follows the withdrawal of a similar application for a dwelling on the same site. The main issues to consider in the determination of this application are whether the Local Planning Authority’s policies can be considered up to date, and if so whether the principle of development in this location is in accordance with Core Strategy Policy CS1.2 in relation to infilling and rounding off; and whether there are any relevant detailed planning considerations, such as; the impact on visual / landscape character and personal circumstances. The application has been called in for consideration at Planning Committee by Cllr James Airey. DESCRIPTION AND PROPOSAL Site description The site is located on the edge of the small hamlet of Well House, to the south west of the village of Bardsea. The hamlet consists of approximately 10 dwellings clustered within a relatively contained area. The site forms part of the grounds in the ownership of Wellwood; a large residence and estate located to the south west. The application site is laid to grass with a wooden stable block located on the north west corner. The site is accessed from the west via the private driveway serving Wellwood. Planning history Pre-application advice was sought in 2014. The response indicated that Well House was considered to be a hamlet and that, although the site is located on the edge of the hamlet, it is relatively well related to the neighbouring properties and could be considered an acceptable location for residential development subject to the detail of siting and design, the effect on visual and residential amenity of the surrounding area, and on highway safety. It was stated that the advice may be subject to revision following further examination or consultation, or where additional information comes to light, and is therefore not binding on any future recommendation which may be made. Planning permission was then sought under application ref SL/2015/0199 for the development. On assessing the application it was considered that the proposal did not meet the criteria as set out in Core Strategy Policy CS1.2, and therefore did not constitute infilling or rounding off. The applicant was advised that the proposal would not be supported and subsequently chose to withdraw the application. Proposal The application represents a resubmission of the previously withdrawn application, with very minor revisions. Planning permission is sought for demolition of the stable building and the erection of a single storey dwelling on the site, positioned towards the north west corner of the plot. The proposed dwelling is of a simple design with a pitched roof arrangement and a central forward facing gable to the front elevation. The property is accessed by a doorway to the front and in both of the side elevations; to allow disabled access with ease. The property has rendered walls and a slate roof, with quoin detailing around the timber windows and stone sills. The overall height of the dwelling is 2.5 m to the eaves and 4.9 m to the ridge, with a footprint of 138 m². The curtilage of the new dwelling extends to the east of the property to provide a garden and to the north to provide vehicular parking which is accessed from the existing driveway. The trees on and surrounding the site are to be retained, and the ranch style timber fence along the east and south of the site is to be retained. A septic tank is to be installed to serve the proposed dwelling. CONSULTATIONS Urswick, Bardsea and Stainton Parish Councils: No objection. Cumbria County Council Highways: No objection. Other: No further responses have been received. POLICY ISSUES National Planning Policy Framework (NPPF): Paragraph 49: Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites. Paragraph 53: Local planning authorities should consider the case for setting policies to resist inappropriate development of residential gardens, for example where development would cause harm to the local area. Paragraph 55: Local planning authorities should avoid isolated homes in the countryside unless there are special circumstances such as… “where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting.” Residential Amenity: The protection of residential amenity in one or more of its various aspects is a material consideration in the determination of planning applications. The protection of the residential amenity of neighbouring residents is one of the Core Planning Principles of the NPPF (paragraph 17) and is one of the criteria listed under Policy CS7.4 of the Core Strategy. Annex 2 (Glossary): Previously Developed Land - land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time. South Lakeland Core Strategy and Allocation of Land Development Plan Document (DPD): Policy CS1.1 Sustainable Development Principles notes that development should accord with a sequential approach, first using existing buildings and previously developed land within settlements ahead of other suitable infill opportunities within settlements and only then development of other land that is well located in relation to housing, jobs, other services and infrastructure. It also notes that development should minimise the need to travel and provide a choice of sustainable transport modes. Policy CS1.2 The Development Strategy states outside of the development boundary of Key / Local Service Centres new development will only be permitted where it has an essential requirement for a rural location, is needed to sustain an existing business, provides affordable housing, is an appropriate extension of an existing building or involves the appropriate change is use of an existing building. Development outside of development boundaries is permitted where it would constitute small scale infilling or rounding off. The explanatory text to Policy CS1.2 expands the definition of infilling and rounding off as:- • Infilling – building taking place on a vacant plot in an otherwise built- up street frontage. • Rounding off – the completion of an incomplete group of buildings on land which is already partially developed, in such a way that will either complete the local road pattern or finally define and complete the boundaries of the group. Such rounding off should not: o Change or distort the character or tradition of the group or the settlement in any undesirable way; o Establish or give rise to the consolidation of ribbon development; o Extend the grouping in such a manner that, when the development has taken place, undeveloped areas remain or further land is opened up where pressure for development is likely to occur; o Cause undesirable back land development unrelated to a proper street layout; and o Cause development which pre-empts the provision of public services or gives rise to demands for improvements or extension to services which may not be proposed at that time. Policy CS6.4 Rural exceptions policy states that housing development where it does not constitute infilling and rounding off in the smaller villages and hamlets will only be considered where they are to provide 100% affordable housing under the exception site criteria. Policy CS8.2 Landscape and settlement character states that development proposals should demonstrate that their location, scale, design and materials will protect, conserve, and where possible, enhance:- - The special qualities and local distinctiveness of the area; - Distinctive settlement character; - The pattern of distinctive features such as hedges, walls, traditional buildings, woodlands, hay meadows, wetlands, valleys, fells and rivers, and their function as ecological corridors for wildlife. Policy CS8.10 Design states that the design, scale and materials of all development should be of a character which maintains or enhances the quality of the landscape or townscape and, where appropriate, should be in keeping with local vernacular tradition. Policy CS10.2 Transport Impact of New Development requires that development be designed to reduce the need to travel and to maximise the use of sustainable forms of transport. Development proposals should provide for safe and convenient access and foot, cycle, public and private transport, be served by safe access to the highway network without detriment to the amenity or character of the locality, the expected nature and volume of traffic generated by the proposal can be accommodated by the existing road network without detriment to the amenity or character of the surrounding area, local air quality or highway safety. Saved Policies of the South Lakeland Local Plan: Saved Policy S2 sets out the South Lakeland Design Code and requires development to take proper account of its principles.