Report to: PLANNING COMMITTEE Date of Meeting: 25th March 2020 Subject: DC/2019/02194 Lydiate Barn Garden Centre and Nurseries, Southport Road Lydiate, L31 4EE Proposal: Variation of condition 2 attached to planning approval DC/2018/00898 dated 19/12/2018 - to revise the overall site layout and house types. Applicant: Miss Christine Burgum Agent: Mr Matthew McGovern Beaumonde Homes Keith Davidson Partnership Architects Ward: Park Ward Type: Variation of condition Summary The proposal seeks to amend the layout and house types of an approved development comprising 7 dwellings. It has been submitted alongside an application for an additional dwelling towards the front of the site which is also on the agenda for this Planning Committee. The main issues to consider are the impact on the openness of Sefton’s Green Belt and matters relating to design, access and highway safety. In conclusion it is considered that there would be no greater impact on the openness of the Green Belt than the previous greenhouse and that the application is acceptable in all other respects. The proposal complies with adopted local and national policy and is recommended for approval. Recommendation: Approve with Conditions Case Officer Steven Healey Email [email protected] Telephone 0345 140 0845 (option 4) Application documents and plans are available at: http://pa.sefton.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=Q1BD6MNWH4R00 Site Location Plan The Site The application site comprises the former Lydiate Barn Garden Centre and Nurseries to the west of Southport Road, Lydiate. History Planning permission was granted in December 2018 for the ‘erection of 3 bungalows and 4 two storey detached dwellings following demolition of former garden centre’ (reference DC/2018/00898). Planning permission was refused in October 2019 for the erection of five further dwellings within the western part of the wider garden centre site (DC/2019/00674). Consultations Environmental Health Manager No objection, the phase 2 ground investigation provided is acceptable. Conditions recommended as per original application. Flooding and Drainage Manager No objection. Highways Manager No objection. The proposed access from Southport Road remains unaltered from the original application and will have a 5.5m wide carriageway and a 2m wide footway on both sides. This arrangement continues up to plot 3, where it will be a 5.5m wide carriageway and a 2m wide footway on one side. Conditions recommended as per original application. Local Plans Manager No comment. Merseyside Environmental Advisory Service No objection. Conditions recommended as per original application. Merseyside Fire and Rescue Service No comment received. Natural England No comment received. Tree Officer No objection. Neighbour Representations Application called-in alongside DC/2019/02098 by Cllr O’Hanlon. Objections received from two addresses on Southport Road on the grounds of the farm track being located closer to existing neighbours resulting in future noise and disturbance associated with tractors etc, possible subsidence due to vibration, loss of privacy and overlooking of dwellings, fence line brought forward on plot 1 resulting in overlooking also, dwellings are larger than approved, difficulty in accessing existing neighbouring buildings, right of way on plans is inaccurate and should be amended to reflect true right of way. Concerns also raised over work having started on site. Policy Context The application site lies within an area designated as Green Belt in the Sefton Local Plan which was adopted by the Council in April 2017. The Lydiate Neighbourhood Plan was ‘made’ (i.e. adopted) on 24th January 2019 and carries full weight in decision making. Assessment of the Proposal The proposal seeks to amend the layout of the approved development and design of house types. The main amendments sought are to incorporate a right of way through the centre of the site, reposition the field/paddock access road, fell trees to facilitate installation of a septic tank, repositioning and orientation of some dwellings. The main issue to consider is the impact on the openness of the Green Belt, design and character and matters relating to access and highway safety. Approved Layout Proposed Amendments Example of Approved House Type Proposed Amendements Principle of Development within Green Belt The application site is located within Sefton’s Green Belt subject to chapter 13 of the National Planning Policy Framework and adopted Local Plan policy MN7. The original application was approved on the basis of the site constituting Previously Developed Land and the proposed development having no greater impact on the openness of the Green Belt than the former greenhouse. A balanced view was taken that while the development would be more dispersed than the greenhouse, the dwellings collectively would be smaller in footprint and volume. The proposed amendments including re-positioning and orientating do not have any materially greater impacts on the openness of the Green Belt. There would be limited additional hardstanding given the widening of the access track at the rear of the site to an adoptable standard. The house types while largely of similar design, form and appearance have been extended in parts. This has resulted in a total footprint take up of 873sqm and combined volume of 4,160m3 compared to 787sqm and 3,927m3 respectively as approved. Both remain substantially less than the 1,631sqm and 4,803m3 of the former greenhouse. The combined increased size of dwellings is relatively limited (11% and 6% larger respectively) and can be considered within the scope of a variation of condition application. Within the context of Green Belt policy, an assessment of openness is not solely dependent on footprint and volume. Openness is defined as having both spatial and visual aspects. The accompanying Committee Report for the additional dwelling at the front of the site describes that while ‘surplus’ greenhouse volume and footprint may well remain, there is considered to be a greater impact on the openness of the Green Belt than the former greenhouse with 8 dwellings as there would be further dispersion of buildings and a greater visual impact from Southport Road. The proposed amendments to the approved 7 dwellings are however not in themselves so substantial as to conclude there would be a greater impact on the openness of the Green Belt, thus the application remains appropriate development. Nevertheless, given these amendments it is considered reasonable and necessary to restrict permitted development rights for house extensions in order to provide a greater degree of control in to the future. Other Matters Design and Character The proposed dwellings would remain of a similar design to the approved house types with dormer bungalows towards the front of the site and two storey dwellings at the rear. They incorporate similar features, materials and as is detailed above do not have a significantly greater bulk or massing than the approved dwellings. It remains the case that the layout as a whole is relatively organic with adequate dispersal which reflects the rural character and density of the surrounding area. The proposal complies with the respective Local and Neighbourhood Plan design policies. Access and Highway Safety The access point remains as approved, and although it deviates within the development site now towards the south west corner, there is no longer any shared surface and the access road provides a carriageway and footway throughout to reflect the Council’s current standards. Trees and Landscaping Three trees are proposed to be removed to the north of the access, but only one is classed as having moderate value. The Tree Officer has raised no objection to this and there remains satisfactory planting within the development site to mitigate this loss. The right of way through the centre of the site is simply being retained after having been excluded from the approved development. There are no proposals in relation to new hardstanding and this there would be no adverse impacts on the trees which run adjacent to this right of way. It is considered necessary to require a detailed landscaping scheme by condition to ensure satisfactory tree replacement and also clarify boundary treatments. Living Conditions of Neighbours Some dwellings have been repositioned on site. The dwelling on plot 5 is aligned with the boundary of 293 Southport Road whereas it had been angled to a small degree. The closest first floor window has been omitted from the proposed dwelling, now the closest first floor rear windows are 10m from the boundary which is considered acceptable and unlikely to cause significant harm through of loss of privacy to the large garden of number 293. The limited step forward of the fence line to plot 1 would not have an unacceptable impact on the living conditions of 303 Southport Road. Concerns have been raised over the repositioning of a farm access track closer to existing residential properties and the associated noise and disturbance associated with tractors. There is no evidence to suggest that this would be utilised to an extent which would cause significant harm to residential amenity. The site historically operated with a more intensive use (garden centre) than would be expected of infrequent tractor movements. Furthermore, there are also other existing access points to these surrounding fields off Piling Lane. Concerns have also been raised over the possibility of vibration and subsidence. However, the access road would be constructed to the satisfaction of the Highways Manager and the infrequent passing of tractors and other vehicles is deemed unlikely to cause significant vibration resulting in land instability. Damage to property is ultimately a civil matter. Right of Way The proposal includes a right of way which was not accounted for within the approved development. Nevertheless, a neighbouring resident claims this is inaccurate and has provided a deed showing the existing right of way traversing what would be the rear gardens of plots 2 and 3.