SCHEDULE A Complex Planning Applications 1 SL/2005/0343 DUDDON: COALGATE FARM, BROUGHTON-IN-FURNESS PROPOSAL: CONVERSION OF REDUNDANT BARN INTO FARM WORKERS DWELLING MR R WINDER 2810006 SUMMARY: This application should be assessed in terms of functional need and the viability of the holding to establish whether there is justification for an agricultural worker to live on the farm. BROUGHTON WEST PARISH COUNCIL: No comments received. The consultation period for comments expired on 12 July 2005. CUMBRIA HIGHWAYS: To be reported. ENVIRONMENT AGENCY: Conditional no objections. COUNTY ARCHAEOLOGIST: No comments. HISTORICAL CONTEXT: Planning permission was granted to convert this barn to form two dwellings in 1990. Planning permission was granted for the siting of a static caravan to house an agricultural worker in February under delegated powers. This permission was limited to a temporary 12-month period. DESCRIPTION & PROPOSAL: Planning permission is now sought to convert an existing stone barn to house the applicant who currently occupies the static caravan that was approved in February. The proposed conversion involves the installation of a number of new openings on the rear and gable elevations. It is also proposed to raise the rear wall by one metre to allow a new pitched slate roof to be incorporated into the scheme. The resultant dwelling will comprise two bedrooms at first floor level and a lounge and kitchen on the ground floor. Page 1 of 55 A structural survey has been submitted with the application which confirms that the majority of the walls are in a reasonable condition although a bulge on the front elevation will require removal and rebuilding. Access is to be achieved off the existing lane which serves Coal Gate Farm. An agricultural report has been submitted with the application which sets out a justification for the proposal. It stresses that the Winder family have built up the enterprise over 40 years on 3 farm holdings – Wall End Farm, Borderriggs Farm and Coal Gate Farm. The land farmed totals 181 hectares (447 acres), although some of this is rented from other landowners. The three farms are run by the applicant’s father, his grandfather (who is 84 years old) and himself. His father lives in the farmhouse at Wall End although this is only rented. His grandfather has a house at Borderriggs Farm. There is no dwelling at Coal Gate Farm under the applicant’s ownership although two dwellings were sold off by the family approximately 20 years ago. The original farmhouse is owned by his grandfather and is occupied by the grandfather’s daughter. The farm enterprise was reorganised following the culling of all the livestock due to foot and mouth disease and there are now less sheep and more dairy cattle. The dairy herd comprises 140 cows and 100 dairy replacements. The beef herd comprises 100 cattle which are brought in and fattened to finish weight. In addition to a flock of 33 breeding sheep, there are also approximately 350 hogs kept on the farmland over the winter period for other farmers. The report concludes that there is a need for a dwelling at Coal Gate Farm to ensure good animal husbandry and supervision, particularly during lambing, and also to enhance security to the farm buildings. POLICY ISSUES: Government Policy outlined in Planning Policy Statement 7 stresses that dwellings to house agricultural workers should only be permitted where there is a functional need and the holding is financially viable. Policy H9 of the Local Plan prohibits residential development in the open countryside except for specialist housing for agricultural or forestry workers where there exists a proven need. HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property. ASSESSMENT: This application has been considered by the Land Agency Manager at Lancashire County Council who is used by the Council to provide an independent appraisal for proposals for agricultural dwellings. He has concluded that based on Government Guidance outlined in PPS 7 he does not consider there to be an essential functional need for a worker to be readily available at Coal Gate Farm at most times although he does accept that the applicant is a full time agricultural worker, and would be able to meet the requirements of the agricultural occupancy condition. Whilst his view on such applications is usually accepted by Officers, in this case he has included the applicant’s grandfather as a full time agricultural worker even though he is 84 years old. Whilst he may actively work on the farm business this situation is unlikely to continue for any long-term period. In a recent discussion with the Land Agency Manager he outlined to the Planning Officer that he had great sympathy with the applicants situation but he was obliged to consider the application only in terms of Government Guidelines which he does not consider can be met by the applicant’s current situation. He acknowledged that the proposal to convert an existing building rather than apply to erect a new dwelling house also has some merit. RECOMMENDATION: The Strategic Director (Customer Services) to report on the issues raised by this application in terms of agricultural need. - - - o000o - - - Page 2 of 55 2 SL/2005/0578 KIRKBY LONSDALE: BARN ADJACENT TO THE COACH HOUSE, BECK HEAD, KIRKBY LONSDALE PROPOSAL: CONVERSION OF BARN TO DWELLING MRS E NELSON 7502069 SUMMARY: The building is close to the centre of Kirkby Lonsdale and, in principle, its conversion to a dwelling is appropriate and acceptable. Negotiations are being undertaken to see whether the degree of overlooking of Fountain House can be lessened and to ascertain whether vehicle turning can be better accommodated. KIRKBY LONSDALE TOWN COUNCIL: Grant subject to the opening on to Mitchelgate being built up with matching natural stone. CUMBRIA HIGHWAYS: Manoeuvring space is limited. The whole of the area shared by this building and the adjacent Coach House should be made available for both properties. KIRKBY LONSDALE CIVIC SOCIETY: To be reported. OTHER: One letter of objection has been received from the owner of the neighbouring property, Fountain House. The main grounds of complaint can be summarised as follows: • Three additional windows and a door will overlook the garden and rear elevation of Fountain House. This will lead to overlooking and a loss of privacy and will detract from the sense of security. • The additional traffic passing close to Fountain House will represent a considerable loss of privacy and a risk to security. Large numbers of people with access through the double gates will open up the rear of Fountain House to intruders. • There is insufficient turning space for vehicles within the site. Drivers may be forced to reverse out of the site on to Beck Head. To permit this development would cause traffic dangers and difficulties within a limited space. HISTORICAL CONTEXT: None. Page 3 of 55 DESCRIPTION & PROPOSAL: This stone-built, slated building fronts on to Mitchelgate close to its junction with Beck Head. It shares a yard with the adjacent property, the Coach House, which is the same ownership. Vehicular and pedestrian access is shared with both the Coach House and Fountain House, a listed building which fronts on to Beck Head. The proposal is to convert the building in question into a three-bedroom dwelling. An existing double garage within the ground floor of the building is to be retained and vehicular access will be shared with the Coach House and Fountain House. There is to be no vehicular access direct from Mitchelgate. Parking for the Coach House will be within the shared yard which, as pointed out by Cumbria Highways and the owner of Fountain House, is restricted in area with limited space available for vehicle manoeuvring. So far as the overlooking of the rear of Fountain House is concerned there is a distance of some 128 metres between the two buildings. A lounge window in the main (east) elevation at first floor level and a bedroom window in the second floor have the potential for overlooking the rear of Fountain House. Finally, the large opening on to Mitchelgate, which currently features a wooden door, is to be built up and faced with stone. POLICY ISSUES: The building is within the built-up area of Kirkby Lonsdale and is also within the Conservation Area. Policy H11 of the Local Plan permits the residential conversion of buildings within development boundaries subject to certain criteria being met. Kirkby Lonsdale is one of the key settlements identified in the Deposit Structure Plan as being appropriate for growth. Local Plan Policy C16 requires the Council to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. The protection of residential amenity is a recognised material planning consideration. HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property. ASSESSMENT: In architectural terms the proposed conversion is of an appropriate standard for the Kirkby Lonsdale Conservation Area. The two major issues to be resolved are those of vehicle manoeuvring within the site and the potential loss of privacy for the occupants of Fountain House. Both are the subject of negotiation with the applicant. RECOMMENDATION: The Strategic Director (Customer Services) will report on the outcome of negotiations. - - - o000o - - - Page 4 of 55 3 SL/2005/0618 KENDAL: LOUND PLACE, LOUND STREET, KENDAL PROPOSAL: RESIDENTIAL DEVELOPMENT OF 24 UNITS IN TWO 2- STOREY APARTMENT BLOCKS WITH ASSOCIATED CAR PARKING AND 11 COACH PARKING SPACES KENDAL RIVERSIDE LIMITED 3511096 SUMMARY: Deferral is recommended to enable Members to visit this site along with K-Village.