Agenda Item No. 5(iii)
PARISH Barlborough
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APPLICATION Erection of two storey dwelling (first floor in roof space)
LOCATION Park Hall Lodge Parkhall Lane Spinkhill Derbyshire
APPLICANT Mr & Mrs Elmore Park Hall Lodge Parkhall Lane SpinkhillDerbyshire S21 3YD
APPLICATION NO. 09/00302/FUL FILE NO. C14205
CASE OFFICER Mrs Kay Crago (Thurs,Fri)
DATE RECEIVED 15th June 2009
DELEGATED APPLICATION REFERRED TO COMMITTEE BY Councillors Watts and Gilmour
REASON: New information on the impact on highway matters and setting of listed building
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SITE
The site is part of the garden area to Parkhall Lodge. There is a detached, stone built flat roof garage within the garden area and to the southern side of the garage is a verandah/ area of decking. There is a fence and mature shrubs around the site boundaries with fields beyond. Access is via a single width surfaced private drive serving several properties.
PROPOSAL
Erection of two storey (first floor within roof space), two bedroom house with parking to the north of the proposed dwelling and curtilage predominantly to the east. The proposed dwelling would be sited partly on the footprint of an existing garage/ veranda.
Proposed height to the eaves 3.2m and to the ridge, max height 6.7m.
Proposed materials: stone with slates to roof with timber windows and doors.
The application is supported by a Design and Access Statement in which it is asserted that the proposal complies with ENV4, PPS1 (sustainable development principles) and PPS3 (high quality mix of housing in sustainable locations and effective and efficient use of land); access lane previously used by very active hotel/club at Park Hall, which is now only residential use. Also a separate highway statement asserts that the site is within 410m of a bus stop with hourly service to Sheffield, there is turning provision within Park Hall Lane for large vehicles, proposed speed restrictions by DCC Highways will reduce splay requirements, there has been no recorded vehicle accidents at junction within last ten years, no other material highway issues.
In addition a supporting statement states that the dwelling known as Park Hall Lodge was built in around 1900 as a station house, but in a style to reflect the style of Park Hall. Therefore the house has no historic association with Park Hall, the listed building, and should not therefore be considered as an ancillary building to that property.
AMENDMENTS
None
HISTORY (if relevant)
08/00280/FUL full planning application for two storey dwelling refused 23/06/08 for following reasons: Contrary to Green Belt policy and policies for new dwellings in the countryside; impact on setting of the listed building (relationship between the Hall and the Lodge); remote from public transport; access is via a single width drive with sub-standard visibility and no turning for large vehicles. The application was subject to a Committee site visit.
06/00016/OUT: Outline application for the erection of one dwelling: Refused on policy and access reasons similar to above. 24/2/08
CONSULTATIONS
CO Interesting to find out the history of the Lodge and to find it is associated with the railway with no known historical association to the Hall. The building itself is still considered to be a historic building in the countryside and in Green belt which contributes to the wider landscape setting of the hall and environs. The introduction of a new dwelling in this location will not in my opinion have a direct impact on the immediate setting of the Hall but will have an impact on the wider landscape character of this area. Misleading to state that Policy ENV4 is relevant to this application. The criteria of the second part of this policy does not apply to the extensions of a modern garage and sun house which has no architectural or historic merit. There does not appear to be justification for the scheme under the requirements of policies GEN9, ENV3 and HOU9. Recommends refusal. 30/07/09
DCC (Hwys) Previous applications have been refused on various grounds in relation to highway safety. Following submission of the applicant’s Highway Statement and revised requirements for the visibility splays on to Station Road following the taking of vehicle speed readings, the proposal subject to conditions is considered to be acceptable. Suggested conditions relate to creation and retention of visibility splays, provision of off street parking for Park Hall Lodge, space to be provided within the curtilage for storage of plant and materials etc, revised drawings of proposed turning area to be submitted, off street car parking to be provided and retained for the proposed dwelling. 10/07/09
EA. The EA has assessed this application as having a low environmental risk. Therefore have no further comment to make on this proposal. 18/06/09
Engineers: Method of foul and surface water disposal are required. The planning application form states that foul and surface water disposal is via mains sewer. Public sewers are more than 500m from this site. The adjacent Park Hall Farm may be connected to a private septic tank or cesspool. 26/06/09
PUBLICITY
Site notice posted, advertised in the press and three properties notified. No representations received.
POLICY
East Midlands Regional Plan (EMRP) (Mar09) provides a broad sustainable development strategy for the East Midlands up to 2026. Of particular relevance are Policies 1 (Regional Core Objectives), 2 (Promoting Better design), 3 (Distribution of New Development), 7 (Regeneration of the Northern Sub Area, which gives priority to the regeneration of this area) and Northern SRS 1 (Sub-regional Development Priorities).
Bolsover District Local Plan (BDLP)
Policies GEN 1, GEN 2, GEN 9, TRA 1, CON 10, ENV 3, ENV 4 & HOU 9
Other (specify)
PPG 2 Greenbelts
ASSESSMENT
This is a resubmission following the refusal by the Council to grant planning permission in June 2008. This application is supported by additional information which seeks to address the previous reasons for refusal.
Listed Building/ Historic Considerations.
The second reason for refusal stated that Park Hall Lodge was clearly linked historically to Park Hall and forms part of the setting as an ancillary building (historically). It was considered that the erection of another dwelling would diminish the relationship between the hall and the lodge and would be contrary to the requirements of policy CON10 of the Bolsover District Local Plan. Research undertaken by the agent and submitted with the application has established that Park Hall Lodge used to be called Station Lodge and has no historical connection with Park Hall. Park Hall Lodge as it is now called was built around 1900 and was apparently constructed in a style such that it had the appearance of an earlier property due to its design and detailing. It would appear therefore that there is no historical connection in terms of ownership/employment links with Park Hall. Whilst historically there may be no link between the two properties, Park Hall Lodge is still read in relation to Park Hall, being situated just off the entrance to Park Hall and is still within the overall setting of Park Hall. It is considered that the creation of a new dwelling to the east of Park Hall Lodge (within the garden) is unlikely to have a direct impact upon the setting of the listed Park Hall, however there will be some impact upon the wider landscape character of the area in that an additional urbanising influence will be introduced particularly upon the access drive leading to the main entrance to the Hall. The existing Park Hall Lodge is still considered to be a historic building in the countryside. It is considered that the proposed development will still materially harm the setting of the listed Park Hall and conflict with policy CON 10 of the Bolsover District Local Plan. It is accepted that this is in respect of the visual setting and not any historic association of the Hall.
Highway Considerations
Reasons 3 and 4 of the refused application 08/00280/FUL related to highway considerations. In this application the agent has submitted a separate highway statement produced by a highway consultant. Following vehicle speed readings and the introduction of Manual for Streets the requirement to provide 2.4m x 215m and 2.4m x 120m visibility sightlines at the junction of the access drive and Station Road is no longer necessary. It is considered that the amended visibility splays of 2.4m x 104m in the southbound direction and 2.4x 82m in the northbound direction are achievable. It is also considered at this time by the Local Highway Authority that occupants of the proposed dwelling would have access to public transport although the route to the bus stop is via a narrow drive without benefit of a formal footway link or street lighting. In view of the rural location, whilst not ideal the Local Highway Authority considers this to be acceptable. Subject to conditions addressing the issues of vehicle turning, passing places on the access drive, off street parking provision for both Park Hall Lodge and the proposed dwelling and maintenance of the visibility splays the Local Highway Authority has no objections to the proposed development. Whilst Grampian conditions may be necessary to achieve some of the requirements of the requested conditions (specifically the provision of turning facilities) the development is no longer considered to be contrary to policy GEN1 or TRA1 of the BDLP.
Countryside/green belt considerations
The site is outside any settlement framework and is within the countryside and within the Green Belt. The proposal is for the erection of a two storey dwelling in the garden of the existing dwelling. No evidence has been submitted to state that the proposed dwelling is necessary in such a location and it is not essential to the operation of agriculture or forestry.
In the Design and Access statement the agent makes reference to policy ENV4 Re-Use and Adaptation of Rural buildings. It is not considered that policy ENV4 is relevant. The applicant contends that the proposed dwelling seeks the alteration and extension of an existing outbuilding complex comprising a detached garage and summer room. Policy ENV4 permits the conversion and change of use of rural buildings for residential purposes only if every reasonable attempt has been made to secure reuse which furthers employment and meets an identified local need for affordable housing or enables the preservation of a building or group of buildings which is of architectural or historic interest or is essential to the operation of an established rural business. The garage/ sitting out area has no such merit and is an ancillary domestic building within the domestic curtilage of Park Hall Lodge. The existing structure is a single flat roofed garage with a small canopy to a decked area attached. The proposed building is significantly larger than the existing building both in floorspace and height terms. Whilst it might incorporate the garage the extent of additional building it is tantamount to a new building and contrary to criterion 3 of policy ENV4.
The agent also states that Planning Policy Statement 3 supports the use of previously developed land. Whilst PPS3 does give preference to re-use of brownfield land this does not override other policies which seek to protect certain areas from development. The erection of a new dwelling in open countryside within the green belt would be contrary to national and local planning policies. Limited weight can be given to the fall back position outlined by the agent of erecting buildings within the curtilage or extending the existing building. If such activities can be carried out under permitted development rights the Local Planning Authority would have no control, or can consider removing such rights if considered necessary. The Local Planning Authority does however have detailed national guidance and adopted local policies which seek to protect areas from inappropriate development. By definition (PPG2) all inappropriate development should be refused as it will harm the Green Belt; new housing in the countryside is generally classed as inappropriate development unless it meets the few exceptions in para 3.4 of PPG2 (such as an agricultural dwelling, or replacement of an existing dwelling) and should not be approved unless there are over-riding material considerations that outweigh this long standing national and local policy. No such consideration exists in this case.
In a case involving a large new dwelling in the garden of an existing dwelling in the countryside at Upper Langwith, in the conservation area, the Inspector dismissed the appeal. The grounds of dismissal were that the location was not very sustainable and development would impact on the openness of the area (notwithstanding any possible use of permitted development rights) and no agricultural or similar need had been shown. The Inspector noted that the appellant referred to PPS3 and brownfield land but she also noted that the Government aim is to direct new development to urban areas and use of brownfield land has to be balanced against other planning considerations such as the effect on the countryside.
The erection of this dwelling is therefore contrary to the requirements of Policies GEN 9, ENV 3 and ENV4 and HOU 9 of the Bolsover District Local Plan as well as PPG 2 Green Belts. Approval of the proposal would be harmful to the openness of the Green Belt and would have an urbanising impact on the rural character of the area.
It is noted that the Council does not have a 5 year supply of deliverable housing, but this factor does not outweigh the harm identified.
Other Matters
Listed Building: Park Hall is a grade 2 listed building situated to the east of the application site