Planning Committee 22 June, 2017 WD/D/17/000834 Application Number: WD/D/17/000834 Variation of condition Registration Date: 27 March, 2017 Application Site: THE LOFT, SHUTES FARM, SHUTES LANE, SYMONDSBURY, BRIDPORT, DT6 6HF Proposal: Make alterations to convert existing building to 2No units of holiday accommodation - Variation of condition 2 of planning permission 1/W/2001/1102 to allow The Loft to be used as a residential dwelling. Applicant: Mr & Mrs Merrony Ward Members: Cllr S Christopher Case Officer: Robert McDonald 1. Summary Recommendation 1.1 Approve subject to the condition being varied. 2. Description of development 2.1 The condition sought for variation or removal is condition 2 on planning permission 1/W/01/001102. The description of the development was: “Make alterations to convert existing building to 2No units of holiday accommodation” This consent was granted on 12 October 2001. Condition 2, attached to the consent, reads: “The use hereby permitted shall be for holiday purposes only and not for permanent residential occupation.” 2.2 The application initially sought to remove this condition entirely to allow the building to be used as a residential dwelling. However, the site address for the application concerns The Loft only and the applicant has subsequently confirmed this in writing and through the submission of further plans. The proposal to lift the holiday let restriction only applies to The Loft and not the premises referred to as ‘The Nest’ on the ground floor, which was included as part of the original consent and is under different ownership. 2.3 On this basis, it therefore considered more appropriate to vary the condition so that it is only The Loft that is considered under this application for the lifting of the original holiday let condition, as opposed to the complete removal of the condition which would enable both units (The Loft and The Nest) to be unrestricted dwellings, which is not what has been proposed. 3. Main planning issues · Principle of the development · Highway safety and parking provision · Impact on neighbouring amenity 4. Statutory Consultations Symondsbury Parish Council 4.1 No objection. Historic England 4.2 On the basis of the information available to date, we do not wish to offer any comments. We suggest that you seek the views of your specialist conservation and archaeological advisers, as relevant. Highway Authority 4.3 No highway comment. 5. Other consultations - Design and Conservation Officer 5.1 No comment. 6. Other representations 6.1 None received. 7. Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property 8. Relevant Planning History App. No Type Proposal Decision Date Officer 1/D/09/000866 LBC Replace first floor window A 22 July JML 2009 1/W/01/001101 LBC Make internal and external A 12 AJ alterations October 2001 1/W/01/001102 FUL Make alterations to convert A 12 AJ existing building to 2No units of October holiday accommodation 2001 1/W/04/000819 FUL Make alterations to convert A 19 July AJ existing building to 2No units of 2004 holiday accommodation (Amended scheme to P.P. 1/W/2001/1102) 1/W/04/001074 LBC Demolish brick infill walls. Carry A 03 August AJ out internal and external 2004 alterations. 1/W/05/001095 LBC Install window (retrospective A 29 AJ application) (amended scheme Septembe 1/W/2001/1101). r 2005 1/W/05/001364 FUL Erect stone boundary wall A 30 AJ (retrospective application) Septembe r 2005 9. The Development Plan The West Dorset, Weymouth and Portland Local Plan (adopted 2015) 9.1 As far as this application is concerned the following policies are considered to be relevant: · INT1 – Presumption in favour of sustainable development · SUS1 – The level of economic and housing growth · SUS2 – Distribution of development · SUS3 – Adaption and re-use of buildings outside defined development boundaries · ECON6 – Built tourist accommodation · ENV4 – Heritage assets · ENV16 – Amenity · COM7 - Creating a safe and efficient transport network · COM9 - Parking standards in new development · COM10 - Provision of utilities service infrastructure 10. Other Material Planning Considerations 10.1 National Planning Policy Framework (NPPF) Part 6: Delivering a wide choice of high quality homes Part 11: Conserving and enhancing the natural environment Part 12: Conserving and enhancing the historic environment Decision taking: Para 186 - Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground. Para 187 - Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area. 10.2 Botherhampton, Bradpole, Symondsbury & Walditch Conservation Area Appraisal 11. Planning issues Site description 11.1 The application site is within the settlement of Symondsbury, a settlement that does not have a defined development boundary. The subject building is set behind Shutes Lane and within a courtyard to the rear of Shutes Farm, comprising a relatively dense cluster of dwellings and the subject holiday lets in the NW corner of the settlement. There are other semi-detached and detached dwellings in the immediate vicinity The site and whole settlement lie within the Symondsbury Conservation Area and Dorset AONB. 11.2 The subject building is a long 1.5 storey building composed of stone with red brick quoins/detailing, under a pitched roof building. The habitable holiday let accommodation is within the roof of the building, with an open parking area and covered patio/amenity area below. This part of the building adjoins a two storey element in the corner of the courtyard, where the holiday let accommodation continues at first floor level. On the ground floor of the two storey building is a separate holiday let known as The Nest. Principle of development 11.3 The applicant has confirmed that there would be no external or even internal alterations to the subject building. Having been most recently used as a holiday let, the unit already fitted with all the facilities where it could be used as a permanent, unrestricted dwelling. The access, parking and waste disposal arrangements would also remain unaltered. 11.4 The supporting text for Policy ECON6 of the Local Plan advises that the loss of holiday let stock should be carefully considered, although recognition should be given to the fact that profiles may fall and the venture may prove unreliable owing to changing market conditions and, thus, a flexible approach should be taken. In this instance, the applicant has indicated that The Loft experiences sporadic lets where the rental income does not cover outgoings and is proving unsustainable as a business venture. 11.5 As noted, the site lies outside any DDB and, as such, policies SUS2 and SUS3 in the Local Plan are applicable for open market dwellings outside DDBs. 11.6 Policy SUS2 holds that outside DDBs, development will be strictly controlled, having particular regard to the need for the protection of the countryside and environmental constraints. Open market housing would only be supported by this policy through the re-use of existing rural buildings. 11.7 In this regard, policy SUS3 concerns the adaption and re-use of rural buildings outside DDBs. Such development will be supported where the existing building is of a permanent and substantial construction, makes a positive contribution to the local character and would not need to be substantially rebuilt or extended. Any proposed works should similarly result in a form, bulk and design that would make a positive contribution to the local character. 11.8 However, in addition to these criteria, development is only supported by SUS3 if it for a number of specified uses in the policy text. One of these uses does include open market housing, but only when the building was in existence in 2011 and where it either: a) adjoins a settlement with a DDB; b) is within a settlement with a population of more than 200; or c) adjoins an existing serviced residential building and will be tied to the wider holding/main property. 11.9 As mentioned, Symondsbury does not have a DDB and is not identified in the Local Plan as a settlement with a population of more than 200. Although the proposal would involve the re-use of a rural building, the proposal would not be supported by policy SUS3 as it would not fall within one of the identified hierarchical “sustainable settlements”. 11.10 Notwithstanding the conflict with policies SUS2 and SUS3, significant weight should be afforded to the fact that, at present, the Council is unable to demonstrate evidence of a five year housing land supply and so, in accordance with paragraph 49 of the NPPF, policies SUS2 and SUS3 are out-of-date and only attract greatly reduced weight. The Council currently has a fragile housing land supply at 4.6 years and the Local Plan Planning Inspector has advised that this supply is vulnerable and therefore sites that could be considered as “sustainable” should be considered. 11.11 As such, in line with the presumption in favour of sustainable development at paragraph 14 of the NPPF, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole, or specific policies in the Framework indicate that development should be restricted.