2008/0935 / Mr PMcInnes / Mr M Batty
Plans Drawn
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Roosecote / David Kitts
01229 876440 / 27/08/2008
STATUTORY DATE:
21/10/2008
LOCATION:
30Hall Garth,Barrow-in-Furness
PROPOSAL:Erection of a three bedroom detached house with an attached garage
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY B3
Applications for residential development on unallocated sites will be permitted where they accord with the sequential approach of the Structure Plan and also satisfy the following criteria:
i) The site is located within the built up area of existing settlements or the development cordons identified in Policy B13; and
ii) The siting, scale, layout and design (in the materials and form of the buildings) of the development is sensitive to the local environment, it promotes the principles of ‘Secure by Design’ and adequate parking provision is made; and
iii) Adequate access arrangements can be provided, including servicing the site by the public transport and by cycle routes; and
iv) The development is laid out in a way that maximises energy efficiency; and
v) The development will not result in the loss of land which has a recognised or established nature conservation interest; and
vi) The development must not cause an undue increase in traffic passing through existing residential areas such as to be detrimental to residential amenity or highway safety; and
vii) Adequate water supplies, foul and surface water sewers and sewerage treatment facilities exist or can be provided; and
viii) 'A risk-based approach will be adopted for development in or affecting flood risk areas to minimise the risk of flooding associated with the site and the potential effect development of the site might have elsewhere through increased run off or a reduction in the capacity of flood plains. This shall be in accordance with the sequential characterisation of flood risk set out in Table 1 of Planning Policy Guidance Note 25 'Development and Flood Risk; and
ix) Where contamination is suspected, a desk study is undertaken and if necessary a site investigation is undertaken and remediation strategy submitted.
POLICY B12
Within the existing settlements of Barrow and Dalton and the residential cordons outlined in Policy B11 above, the conversion of buildings to residential accommodation will be permitted where the following criteria can be met:
a)The building is structurally sound and capable of conversion without major rebuilding, extensions or modifications to the existing structure, as demonstrated by the submission of a satisfactory structural survey;
b)The building is served by a satisfactory access;
c)Services are readily available on site; and
d)The scale of the conversion, both in terms of the number of units and their size and in terms of architectural detailing is appropriate to the buildings, their character and their location;
POLICY B13
Outside the existing settlements of Barrow and Dalton and the residential cordons outlined in Policy B11, the conversion of agricultural and other rural buildings to residential accommodation will not be permitted, unless:
a)The accommodation is to be occupied by those whose primary employment is in agriculture or forestry where a dwelling is essential for the working of a farm or woodland and there is no other suitable accommodation already available at the holding; or
b)The applicant has made every reasonable attempt to secure suitable business re-use and the application is supported by a statement of the efforts which have been made, the minimum of which must include the premises being advertised, at a realistic price, for a minimum of 12 months, that no reasonable offer has been refused and that evidence is provided to show the property has been advertised on the open market at least four times in local media at roughly equal periods over the year; or
c)Residential conversion is a subordinate part of a scheme for business re-use; and
d)The building is served by satisfactory access; and
e)The scale of the conversion is appropriate to the building, its character and location.
The building must be structurally sound and capable of conversion without major rebuilding, extensions or modifications to the existing structure, as demonstrated by the submission of a satisfactory structural survey.
SUMMARY OF MAIN ISSUES:NON MATERIAL CONSIDERATIONS:
REPRESENTATIONS:
Development Advertised on Site and in the Local Press
The Occupiers of 12 – 30 (evens) Hall Garth, 16-32 (evens) Bow Windows Avenue, 12-16 Waver Court, Barrow in Furness all informed.
The Occupier, 28 Hall Garth, Rampside, Barrow in Furness
“I refer to the proposal to construct a new dwelling in the garden of 30 Hall Garth which would be extremely detrimental to my own property if allowed.
The Design & Access Statement which accompanies the application makes no reference to how the design has been arrived at and the inevitable adverse effect it has on my own property.
I have recently completed a large single storey extension to the rear of my house. This extension is not drawn on the application plan. Its omission distorts the relationship of the proposed building and my curtilage.
The proposed property would completely dominate my rear garden and sun lounge and, due to its orientation and size, cause overshadowing and loss of sunlight. The building plot is a domestic garden to the side and rear of the house: it is not supposed to be built on.
Of further concern, the site is in the location of a storm-water culvert and ponds in times of heavy rainfall: the area collects surplus surface water run-off. If built on inevitably flooding would occur from No. 14A Hall Garth down to my garden which I cannot tolerate.
Although two vehicles are shown parked in the curtilage of the house, due to the close proximity of the boundary with No. 30 Hall Garth, it would be impossible to turn and manoeuvre the vehicles.
As stated, the proposed site is domestic curtilage specifically meant for garden area: this is why I purchased my property. The size and shape of the land is not suitable for a large four bedroom dwelling. The proposal is a total over development of the site.
No doubt you will have made a site inspection and agree with the observations I have made”.
The Occupiers, 28 Hall Garth, Rampside, Barrow in Furness – received 2.6.09
“I refer to our previous correspondence and are still extremely concerned about the siting of the proposed dwelling proposed to be built in the garden of 30 Hall Garth.
Of particular concern is that the site location plan does not accurately convey the on site situation in so much as the dimensions do not equate to those that exist. Could you please ensure that an accurate and fully dimensioned plan is produced to ensure that the proposed dwelling can be fit on the site, and also demonstrate that the relevant parking provision can be accommodated together with turning and manoeuvring of vehicles.
Your early reply would be appreciated”.
CONSULTATIONS:United Utilities
“I have no objection to the proposal provided the site is drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to the watercourse/soakaway/surface water sewer and may require the consent of the Environment Agency. If surface water is allowed to be discharged to the public surface water sewerage system we may require the flow to be attenuated to a maximum discharge rate determined by United Utilities.
A separate metered supply to each unit will be required at the applicant's expense and all internal pipework must comply with current water supply (water fittings) regulations 1999.
Should this planning application be approved, the applicant should contact our Service Enquiries on 0845 7462200 regarding connection to the water mains/public sewers
United Utilities offers a fully supported mapping service at a modest cost for our electricity, water mains and sewerage assets. This is a service, which is constantly updated by our Map Services Team (Tel No: 0870 7510101) and I recommend that the applicant give early consideration in project design as it is better value than traditional methods of data gathering. It is, however, the applicant's responsibility to demonstrate the exact relationship on site between any assets that may cross the site and any proposed development.”
Environment Agency – dated 27th April 2009
“I can confirm that due to the updating of the Flood Maps previously notified to Barrow Borough Council the above development site is now assessed within Flood Zone 1. In view of this change the Environment Agency no longer wishes to object to the proposal on the grounds referred to in my letter of 12 September 2009. I can advise however that following receipt of the new details including Section A-A, Drawing number 2323.03 and Layout Drawing McG221106 rev B received with your letter of 7 April 2009, we wish to object to the proposal due to the proposed culverting of an Ordinary watercourse.
The culverting of a watercourse or the alteration of an existing culvert on an Ordinary watercourse requires the Agency’s prior written consent under Section 23 of the Land Drainage Act 1991. The Agency is in general opposed to the culverting of watercourses because of the adverse ecological, flood defence and other effects that are likely to arise. The Agency is unlikely to grant consent for the proposed culverting should an application be submitted.
Agency policy regarding culverts states that, "The Agency will only approve an application to culvert a watercourse if there is no reasonably practicable alternative or if the detrimental effects of culverting would be so minor that they would not justify a more costly alternative."
The proposed 17 metre length of culvert in place of the existing open culvert could lead to :-
- Increased likelihood of flooding due to blockage
- Increased impact of flooding
- Loss of floodwater storage
- Difficulty in repair, maintenance and replacements of culverts
- Loss of and adverse effects on environmental features and wildlife habitat.
The issue of flooding in this area has also been raised in emails to the Agency from nearby residents who have been concerned about the increased probability of surface water flooding.
In view of the above, the planning application needs to be tested against the following policies:
Policy Number C42 Flood Risk and development in the Cumbria and Lake District Joint Structure Plan;
Policy Number F8 Flooding in the Barrow in Furness Local Plan.
We would have no other objections apart from the proposed culverting now that the site has been classed as within Flood Zone 1.
A copy of this letter has been sent to the Agent with a copy of the Agency publication ‘Policy Regarding Culverts – Technical Guidance on Culverting Proposals’ for information.”
OFFICERS REPORT:A site visit has been arranged for this application. This application was included on the agenda for the 4th November meeting of planning committee, however it was withdrawn from the agenda at my request. The recommendation had been for refusal based upon the property being shown to fall in an area at high risk of flood (zone 3). There are strong policies against building houses in such areas. However after the production of my report the flood mapping data provided by the Environment Agency was updated showing the site well clear of any flood risk area. The Agency therefore withdrew their flood risk based objection.
The application is for the erection of a 3 bedroom detached house in the garden of 30 Hall Garth, Rampside. Design and materials would be similar to the other houses on the estate namely spar dashed elevations and concrete roof tiles. The house includes a good sized garage included in a single storey section along the boundary with no. 28 Hall Garth.
30 Hall Garth is a large dwelling set in extensive grounds, it benefits from wide views over countryside to the north and west. The proposed dwelling would be sited to the north of the existing dwelling. The development of Hall Garth began in the mid 1980’s with 30 Hall Garth completed in 1988. The wider development consists of detached dwellings accessed from a cul-de-sac that leads to Rampside Road.
A watercourse runs adjacent to the proposed building and along the northern boundary of the existing plot. This runs through the rear gardens of several of the dwellings on the north side of Hall Garth, in some instances it has been culverted, in others, including the application site, it forms an open stream. The watercourse drains the fields to the north of Hall Garth and originates from ‘sinks’ and springs to the north east of 14a Hall Garth. The original intention had been to culvert the stream which lead to an objection from the Environment Agency. This element of the proposal has been withdrawn and the stream would be left as an open channel.
A public right of way forms the eastern boundary of the application site. The footway is within the land ownership of 30 Hall Garth but a boundary wall has been erected to separate the domestic curtilage from the right of way.
The main issue in this case are the effect of the proposed development on the character and appearance of the area.
Policy
The site is within the Rampside residential development cordon and is unallocated, it is therefore considered under Local Plan Policy B3 (Housing Chapter Review 2006).
Character and appearance
I have considered the impact of the proposed dwelling, giving special regard to its impact on the public right of way which forms the eastern boundary to the application site. Where the footpath passes the application site I feel the character is formed firstly by the residential dwellings of 28 and 30 Hall Garth and their curtilage to the east and west, and secondly, the countryside to the north. Approaching from the west, the dwelling would be seen with the backdrop of the wider residential development. I do not consider the proposed dwelling to have a significant impact on the character and appearance of the area and users of the public footpath.
A further consideration is the dwellings impact upon 28 Hall Garth. The proposed house would be alongside no. 28 (side to side) but off set so as to adjoin the neighbours back garden. A distance of 8m would separate the nearest part of the proposed house (the garage) from the side elevation of no. 28 with a distance of 12m to the two storey section. The only windows facing no. 28 would be two bathroom windows (one an en-suite) such that there would be no privacy issues.
The occupier of no. 28 expresses concern that the proposed house would dominate their rear garden and sun lounge and result in over shadowing and loss of sunlight. Also as pointed out their has been a large sun lounge extension added to no. 28 which is not shown (due to its recent addition on the Ordnance Survey plans). I have however indicated this on the site location plan attached.
The side facing the applicant’s property includes a large glazed area and without doubt the proposed dwelling would interrupt a pleasant view of the countryside. However, the loss of a private view is not a planning issue.
The impact of the house has been checked using sunlight indicators which show that it would start to effect sunlighting from approximately 4pm onwards. However national guidance only protects sunlighting from 8am to 4pm. The elevations would benefit from sunlight for much of this time. Similarly light levels within the sun lounge would not be affected to any appreciable extent due to the general amount of glazing in the neighbours sun lounge extension. The dropping down of the extension to a single storey as it approaches the boundary would avoid the new house having a dominating appearance.
RECOMMENDATION:I recommend that planning permission be GRANTED subject to the Standard Duration Limit and the following Conditions:
Condition No. 2
The application shall be carried out and completed in accordance with the application dated 30/7/08 and the approved plans attached to this consent comprising 1 of 3, 2 of 3 revision D and 3 of 3 revision D.
Reason
In order to keep the development within the terms of the permission ref 2008/0935.
Condition No. 3
The watercourse along the site’s north/north western boundary shall be permanently retained as an open feature.
Reason
In order to avoid the risk of flood and in the interests of bio-diversity.
Condition No. 4
The roof tiles shall be grey in colour and of a type to match no. 30 Hall Garth unless otherwise agreen in writing with the Planning Authority.
Reason
In order to intergrate the development into is context having regard to saved policy D21.
Condition No. 5
Notwithstanding any plans forming part of this consent the finished floor level (ground floor) of the development hereby approved shall not exceed the finished floor level (ground floor) of 30 Hall Garth.
Reason
In order to intergrate the development into is context having regard to saved policy D21.
Condition No. 6
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any Order revoking or re-enacting that Order with or without modifications) no opening of any kind shall be made in the north eastern side elevation (facing 28 Hall Garth) of the permitted development without the prior written consent of the Planning Authority.