Ribble Valley Borough Council

DELEGATED ITEM FILE REPORT – APPROVAL

Ref:
Application No: / 3/2015/0483
Englands Head Farm, Paythorne, Gisburn, BB7 4JD
Development Proposed: / Removal of condition 4 (occupancy) from planning permission 3/2010/0636

CONSULTATIONS: Parish/Town Council

Parish: No objections.

CONSULTATIONS: Highway/Water Authority/Other Bodies

CONSULTATIONS: Additional Representations.

One letter of objection has been received. The objections raised are summarised below:
-The effect of associated traffic has not been considered.
-Applicant has not consulted or notified us of their intentions. We are the owners of Bow Hills Lane, a privately maintained access track directly passed our home and through our farm that must be used to access England Heads Farm.
-Further loss of privacy and amenity value from additional passing traffic since previous applications have been granted.
-Impact on highway safety i.e. delivery vans etc.
-Bows Hill Lane forms part of the Ribble Way Footpath and Pennine Bridleway.
-These conditions were imposed as the creation of separate dwellings could be injurious to the amenities of neighbouring properties and to the character of the area.
RELEVANT POLICIES:
Ribble Valley Core Strategy (2014)
Key Statement DS1: Development Strategy
Key Statement DS2: Presumption in Favour of Sustainable Development
Policy DMG1: General Considerations
Policy DMG2: Strategic Considerations
Policy DMG3: Transport and Mobility
Policy DME2: Landscape and Townscape Protection
Policy DMH3: Dwellings in the Open Countryside and AONB
Policy DMH4: The Conversion of Barns and Other Buildings to Dwellings
National Planning Policy Framework (NPPF)
National Planning Policy Guidance (NPPG)
COMMENTS/ENVIRONMENTAL/AONB/HUMAN RIGHTS ISSUES/RECOMMENDATION:
The application site is an existing farmhouse, Englands Head Farm that is situated east of Paythorne accessed via a single width track. Planning permission (3/2010/0636) granted consent for a two storey side extension and was made on a householder application form. A condition was imposed to restrict the extension to be used only as an extended family unit and it should not be used as a separate unit of accomodation.
The current application seeks consent to remove condition 4 from planning permission (3/2010/0636):
“The proposed development shall only be occupied as an extended family unit in conjunction with the property to which it is attached or related to/related to (respectively) and it shall not be used as a separate unit.”
The main issue for consideration is whether it is necessary to continue to restrict who is permitted to live in the annex.
The applicant has submitted a supporting statement to justify the removal of this condition. The applicant has advised the following:
-Englands Head Farm continues to be a working farm.
-The owners applied for various extensions to provide extended living accommodation needed on the farm. These extensions/annexes have been used as temporary accommodation for family members but this is no longer needed.
-Owners continue to live in the farmhouse but the extensions/annexes are surplus to requirements.
-There are now no family ties linked to these and they have been occupied by non family members who are employed locally.
Core Strategy Policy DS1 seeks to direct new housing development to identified strategic sites, principle settlements and villages within the borough, however this policy does not preclude new housing development outside defined settlement boundaries. This policy is further expanded by Policy DMG2 which sets out the circumstances when development outside the defined settlements would be appropriate. In respect of housing development, a development should meet a local housing need(s) or an identified need. Development should also be in keeping with the character of the landscape and acknowledge the special qualities of the area by virtue of its size, design, use of materials, landscaping and siting.
Core Strategy DMG1 sets out general planning considerations, including, amongst other matters, amenity, accessibility and the impact on the environment.
Core Strategy Key Statement EN2 and DME2 ‘Environment and Open Countryside’ will support development in the open countryside subject to the development to be in keeping with the character of the landscape, reflecting local distinctiveness, vernacular style, scale, style, features and building materials’.
Core Strategy DMH3 ‘Dwellings in the open countryside and AONB’ states development will be limited to: development essential for the purposes of agriculture or residential development which meets an identified local need. Any building which is to be converted must be suitably located and their form and general design must be in keeping with their surroundings. In addition to this the buildings must be structurally sound and capable of conversion. Core Strategy Policy DMH4 sets out guidance on the conversion of barns and other buildings to dwellings.
NPPF paragraph 55, advises that new isolated homes in the countryside should be avoided unless there are special circumstances i.e. the essential need for a rural worker to live permanently at or near their place of work in the countryside or would re-use redundant or disused buildings and lead to an enhancement to the immediate setting. The applicant has stated in their supporting information that there is no requirement for the annex in terms of an extended family occupation. Following the principle of and presumption in favour of sustainable development, the benefits of removing this condition could outweigh the adverse impact of the extension falling into disrepair.
The original application was made on a householder application form and the appropriate fee paid. The description of development stated that the proposal was for an extension to the dwelling and the plans showed internal doors connecting the existing house and proposed extension. Although the extension included all the facilities to be occupied as a separate unit of accommodation, no subdivision of the planning unit into separate dwellings was applied for and a functional link was retained to the parent building. It is considered that should the applicant wish to make lawful the subdivision of the planning unit then a change of use application with appropriate fee would be the correct route to enable this. Removing the restrictive condition on this house extension application would not make lawful what is clearly the applicants intention to establish three independently occupied dwellings on the site. Removal of the restrictive condition, however, would result in no additional planning harm beyond the existing situation, the impacts of which are discussed further below.
It is not considered that the removal of this condition would result in any greater impact on the amenity of immediate neighbouring properties over and above that experienced by the extended family. However, it is clear that issues regarding a shared curtilage could result in overlooking of amenity space if an application was submitted for a separate dwelling following approval of the removal of condition. It may be possible to conditions to minimise the impact on the existing dwelling but this is not to be considered as part of this application.
Core Strategy Policy DMG1 sets out guidance on access, including, amongst other matters potential traffic implications and ensuring safe access. The concerns of the objector are noted. However, it is not considered that the removal of this condition would result in any greater impact over and above that experienced at present in terms of its impact on the highway network.
In light of the above assessment it is concluded that the removal of this condition is acceptable and complies with relevant planning policies within the adopted Core Strategy. It is therefore recommended that planning permission be granted subject to conditions.
RECOMMENDATION: That conditional planning permission be granted
CONDITIONS
1.
Notwithstanding the provisions of Classes A to H of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Order revoking and re-enacting that Order, the development hereby permitted shall not be altered or extended, no new windows shall be inserted, and no buildings or structures shall be erected within the curtilage of the dwelling(s) unless planning permission has first been granted by the Local Planning Authority.
Reason: To enable the Local Planning Authority to exercise control over development which could materially harm the character and visual amenities of the development and locality and the amenities of nearby residents in accordance Policies DMG1, DME2 and DMH5 of the Ribble Valley Core Strategy (Adopted Version).
NOTES

1.

For rights of appeal in respect of any condition(s)/or reason(s) attached to the permission see the attached notes.

2.

The applicant is advised that should there be any deviation from the approved plan the Local Planning Authority must be informed. It is therefore vital that any future Building Regulation application must comply with the approved planning application.

3.

The applicant is advised that should the annex be occupied as a separate residential dwelling a full planning application will be required for a change of use and this permission is given without prejudice.