development management committee 18 june 2018 case...

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DEVELOPMENT MANAGEMENT COMMITTEE 18 June 2018 Case No: 17/02138/FUL (FULL PLANNING APPLICATION) Proposal: RESIDENTIAL DEVELOPMENT BY CONVERSION AND EXTENSION OF EXISTING SINGLE STOREY BARN TO A 2 BED DWELLING Location: LAND WEST OF 1 TO 5 RAMSEY ROAD WARBOYS Applicant: MR TUSHAR PATEL Grid Ref: 530306 280081 Date of Registration: 10.10.2017 Parish: WARBOYS RECOMMENDATION - APPROVE This application is referred to the Development Management Committee (DMC) as Warboys Parish Council's recommendation of refusal is contrary to the officer recommendation of approval. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 The site is located to the west of the High Street and Warboys Clock Tower junction within the centre of Warboys. The site is to the rear of chemist and accessed in between number 1 and number 3 Ramsey Road. The surrounding area is characterised by a mixture of commercial uses and residential types. The application site is also located within the designated Conservation Area for the village. 1.2 Directly to the south of the site is a car garage, to the north is residential, to the west is The Paddock Mobile Home park whilst to the east is the chemist with residential flats above. 1.3 The application seeks permission for the conversion and extension of an existing single storey barn to create a two bed dwelling. The property would measure approximately 9.7 metres at its widest, narrowing down to 4 metres for the main structure of the existing barn. In terms of depth, the building would extend approximately 15.5 metres. In terms of height the property would measure 2.2 metres to the eaves and 4.5 metres to the ridge. The size, dimensions and scale have been designed to broadly reflect the existing barn. 1.4 The existing access would be retained to serve the proposed property, parking for the staff of the chemist and parking for the two flats above. 1.5 A completed Unilateral Undertaking was submitted as part of the application. The proposal therefore meets the requirements of Policy CS10 of the Core Strategy 2009.

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Page 1: DEVELOPMENT MANAGEMENT COMMITTEE 18 June 2018 Case …applications.huntingdonshire.gov.uk/moderngov/... · Applicant: MR TUSHAR PATEL . Grid Ref: 530306 280081 . Date of Registration:

DEVELOPMENT MANAGEMENT COMMITTEE 18 June 2018 Case No: 17/02138/FUL (FULL PLANNING APPLICATION) Proposal: RESIDENTIAL DEVELOPMENT BY CONVERSION AND

EXTENSION OF EXISTING SINGLE STOREY BARN TO A 2 BED DWELLING

Location: LAND WEST OF 1 TO 5 RAMSEY ROAD WARBOYS Applicant: MR TUSHAR PATEL Grid Ref: 530306 280081 Date of Registration: 10.10.2017 Parish: WARBOYS

RECOMMENDATION - APPROVE This application is referred to the Development Management Committee (DMC) as Warboys Parish Council's recommendation of refusal is contrary to the officer recommendation of approval. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 The site is located to the west of the High Street and Warboys Clock

Tower junction within the centre of Warboys. The site is to the rear of chemist and accessed in between number 1 and number 3 Ramsey Road. The surrounding area is characterised by a mixture of commercial uses and residential types. The application site is also located within the designated Conservation Area for the village.

1.2 Directly to the south of the site is a car garage, to the north is

residential, to the west is The Paddock Mobile Home park whilst to the east is the chemist with residential flats above.

1.3 The application seeks permission for the conversion and extension of

an existing single storey barn to create a two bed dwelling. The property would measure approximately 9.7 metres at its widest, narrowing down to 4 metres for the main structure of the existing barn. In terms of depth, the building would extend approximately 15.5 metres. In terms of height the property would measure 2.2 metres to the eaves and 4.5 metres to the ridge. The size, dimensions and scale have been designed to broadly reflect the existing barn.

1.4 The existing access would be retained to serve the proposed

property, parking for the staff of the chemist and parking for the two flats above.

1.5 A completed Unilateral Undertaking was submitted as part of the

application. The proposal therefore meets the requirements of Policy CS10 of the Core Strategy 2009.

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2. NATIONAL GUIDANCE 2.1 The National Planning Policy Framework (2012) sets out the three

dimensions to sustainable development - an economic role, a social role and an environmental role - and outlines the presumption in favour of sustainable development. Under the heading of Delivering Sustainable Development, the Framework sets out the Government's planning policies for : building a strong, competitive economy; ensuring the vitality of town centres; supporting a prosperous rural economy; promoting sustainable transport; supporting high quality communications infrastructure; delivering a wide choice of high quality homes; requiring good design; promoting healthy communities; protecting Green Belt land; meeting the challenge of climate change, flooding and coastal change; conserving and enhancing the natural environment; conserving and enhancing the historic environment; and facilitating the sustainable use of minerals.

2.2 Planning Practice Guide For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities-and-local-government 3. PLANNING POLICIES 3.1 Saved policies from the Huntingdonshire Local Plan (1995)

• H31: Residential privacy and amenity standards • H32: Sub-division of large curtilages • En5: Conservation areas character • En6: Design standards in conservation areas • En18: Protection of countryside features • En20: Landscaping Scheme • En22: Nature and wildlife conservation • En25: General Design Criteria

3.2 Saved policies from the Huntingdonshire Local Plan Alterations

(2002) • HL5: Quality and Density of Development

3.3 Adopted Huntingdonshire Local Development Framework Core

Strategy (2009) • CS1: Sustainable development in Huntingdonshire • CS3: The Settlement Hierarchy • CS10: Contributions to Infrastructure Requirements

3.4 Huntingdonshire's Local Plan to 2036: Proposed Submission 2017

(as amended March 2018 for submission) • LP2: Strategy for Development • LP4: Contributing to Infrastructure Delivery • LP8: Key Service Centre • LP12: Design Context • LP13: Design Implementation • LP15: Amenity • LP17: Sustainable Travel • LP18: Parking Provision and Vehicle Movement • LP32: Biodiversity and Geodiversity

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• LP33: Trees, Woodland, Hedges and Hedgerows • LP36: Heritage Assets and their Settings

3.5 The LPA consider the Local Plan to 2036 to be a sound plan and it

was submitted for examination on the 29th March 2018. The plan has therefore reached an advanced stage and is consistent with the policies set out within the NPPF.

3.6 Housing Supply Policies –

In order to satisfy the requirements of the NPPF to boost housing supply the Council must demonstrate an up-to-date five year supply of deliverable housing sites to meet its objectively assessed need, with an additional buffer to ensure choice and competition in the market for land; this requirement is set out in paragraph 47 of the NPPF. Due to under delivery in recent years the buffer to be applied for the District is 20%. The December 2017 Annual Monitoring Review applies the 20% buffer and demonstrates that the Council has a five year supply of housing land.

3.7 The Development Plan policies relevant to the supply of housing

(En17 and H23 of the Huntingdonshire Local Plan (HLP) and CS2 and CS3 of the Huntingdonshire Core Strategy (HCS)) were set against a lower Objectively Assessed Need figure such that strict application of these policies would result in failure to achieve the objectively assessed housing need figure that the Council currently has identified as part of the emerging Local Plan to 2036. These policies are therefore no longer fully up-to-date or consistent with the NPPF and, at this time and until the Council adopts the Local Plan to 2036 with up-to-date policies, the ‘tilted balance’ as set out within the 4th bullet point of para. 14 is engaged. For decision-taking this means granting permission in instances where the Development Plan is absent, silent or relevant policies are out-of-date unless any adverse impacts would significantly and demonstrably outweigh the benefits (having regard to the Framework policies taken as a whole), or specific polices of the Framework indicate development should be restricted.

3.8 Huntingdonshire Design Guide (2017) 3.9 Developer Contributions SPD (2011) Local policies are viewable at https://www.huntingdonshire.gov.uk 4. PLANNING HISTORY 4.1 07/02706/FUL – Extension and change of use of ground floor to retail

(A1) and first and second floor to three flats – APPROVED – 02/11/2007

4.2 07/00823/FUL – Extension and change of use of ground floor to retail

(A1) and first and second floor to three flats – Refused – 20/06/2007 5. CONSULTATIONS 5.1 Warboys Parish Council – Recommend refusal based loss of

parking spaces to the rear of chemist for employees, occupants of the flats and poor existing off street parking and subsequently visibility.

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Officer Response – Traffic survey shows a predicted net decrease of vehicle movements if the proposal was to be implemented, resulting in safer access to the site. There is a designated parking space to the rear of the chemist for an employee, each flat and three spaces for the proposed dwelling. The site is located within a sustainable location in the centre of the settlement, connected via a good range of sustainable transport options, including walking and cycling.

5.2 CCC Highways – No objections on highways grounds. Vehicle

movements would not increase. Parking may be displaced from behind the chemist onto the street.

5.3 HDC Ops – No objection, bins to be collected from Ramsey Road 5.4 Wildlife Trust – No objection provided recommendations in report

are followed. 6. REPRESENTATIONS 6.1 Three representations have been received stating…

* Overlooking * Overdevelopment * Parking on street is busy * Highway safety

7. ASSESSMENT 7.1 The report addresses the principal, important and controversial issues

which are in this case: • The principle of development • Impact upon the character and appearance of the area, with

special regard to the conservation area designation • Impact upon residential amenity • Highways safety, access and parking

The Principle of Development 7.2 The Development Plan policies relevant to the supply of housing

(En17 and H23 of the Huntingdonshire Local Plan (HLP) and CS2 and CS3 of the Huntingdonshire Core Strategy (HCS)) were set against a lower Objectively Assessed Need figure such that strict application of these policies would result in failure to achieve the objectively assessed housing need figure that the Council currently has identified as part of the emerging Local Plan to 2036.

7.3 The above policies are therefore no longer fully up-to-date or

consistent with the NPPF and, at this time and until the Council adopts the Local Plan to 2036 with up-to-date policies, the ‘tilted balance’ as set out within the 4th bullet point of para. 14 is engaged. For decision-taking this means granting permission in instances where the Development Plan is absent, silent or relevant policies are out-of-date unless any adverse impacts would significantly and demonstrably outweigh the benefits (having regard to the Framework policies taken as a whole), or specific polices of the Framework indicate development should be restricted.

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7.4 In this instance the site is in the built up area of Warboys, and the village is designated as a Key Service Centre within the District’s settlement hierarchy. In Key Service Centres, minor scale residential development (up to 9 dwellings) and infilling (up to 3 dwellings) may be appropriate, although a number of other material planning considerations would also be relevant to the determination of any application.

7.5 The site is located within a conservation area, however the proposal

is for a dwelling that reflects the general form of its surroundings with no significant detrimental impact upon the designated heritage asset (the conservation area), therefore taking into account paragraph 14 of the NPPF and the ‘tilted balance’ argument, it is considered that on this basis the proposal does not cause significant and demonstrable harm in terms of its impact upon the character and appearance of the area to outweigh the economic, social and environmental benefits of the proposal. Therefore given the current policy position, the principle of development is established subject to compliance with other relevant adopted policies.

Impact upon the Character and Appearance of the Area, with special regard to the conservation area designation

7.6 The proposal is for a single storey conversion and extension of an

existing single storey barn into a two bedroom dwelling to the rear of Nos. 1 and 3 Ramsey Road Warboys.

7.7 The site is located in a secluded position with only glimpse views

taken from the main road when looking into the site from the access drive. Due to the location of the proposal it would be read in context with the existing properties that front onto Ramsey Road and appear as a rear outbuilding, much the same as its current appearance. In this sense the dwelling would be broadly in accordance with the streetscene.

7.8 The introduction of the dwelling on this site would not necessarily

appear cramped due to the existing outbuilding being in existence and the proposed space being evident on similar housing schemes or properties within the vicinity in terms of internal floor space and external amenity space.

7.9 In terms of the impact of the proposal upon the conservation area, it

is deemed that the proposal will have a neutral impact on the conservation area character due to the sensitive and restrained nature of the proposed works, and the location of the dwelling to the rear of the existing row of buildings on Ramsey Road. The site benefits from an existing outbuilding that forms part of the character and appearance of the site. The proposal seeks to convert and extend in a manner that would be sensitive to conservation area setting, and preserve the appearance of the site (subject to condition to ensure high quality materials and finishing), thereby having a neutral impact upon the conservation area.

7.10 As explained in the policy section of this report, the policies relating to

the supply of housing in the Huntingdonshire Development Plan are out of date, therefore the tilted balance set out in paragraph 14 of the NPPF is engaged and shifts the planning balance in favour of the

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grant of consent, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

7.11 By virtue of the location of the dwelling within the built up area of a

key service centre, it is considered that the proposed boundary treatment, landscaping, access arrangements, size, scale and form of development, are on balance acceptable and not considered to not cause significant or demonstrable harm to the character and appearance of the area. The proposal is therefore broadly in accordance with policies En25 & H32 of the Local Plan (1995) and policies LP12, LP13 & LP36 of the Local Plan to 2036: Proposed Submission (2017).

Impact upon Neighbouring Residential Amenity 7.12 The proposed dwelling will be a conversion and extension of an

existing outbuilding and is unlikely to cause any significant impact in regards to impacts upon the private residential amenity of the neighbouring dwellings.

7.13 A representation was received stating that the dwelling would

‘overlook’ and constitute ‘overdevelopment’ It is considered the single storey scale, orientation and the existing and proposed boundary treatments between the proposal and the neighbouring properties would lead to no significant impact in regards to overlooking or overshadowing, furthermore the dwelling is of single storey with only Velux style roof lights that do not lead to overlooking.

7.14 The new property is considered to have sufficient private amenity

space in the form of an acceptable private garden area and off street parking (3 spaces) when viewed against the general character and form of the surrounding area. The car parking is to be located in a suitable location, to the front of the dwelling and does not impact unduly upon neighbouring amenity. There are a minimum of three parking spaces allocated to the chemist and two flats, this is considered acceptable and still allows for access to the proposed dwelling. On balance, given the positioning of the proposed dwelling it is unlikely that the development will have an unduly overbearing detrimental impact upon residential amenities.

7.15 In terms of detailed boundary treatment, the proposed site layout

includes boundary treatment in the form of 1.8 metre fencing on the northern, southern and western boundaries to denote the private amenity space. The eastern boundary is formed of a brick wall and gate which is considered to be appropriate in the conservation area. The boundary treatment is typical of a residential dwelling and is considered appropriate and effective.

7.16 Overall, it is considered that the development will not lead to a

significant loss of amenity to the adjoining properties. The proposal is considered to be in accordance with Policies H31 of the Local Plan (1995) and Policy LP15 of the Local Plan to 2036: Proposed Submission (2017).

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Highway Safety, Access, Parking 7.17 In terms of highway safety, access and parking, the proposal retains

the suitable access and safety arrangements for the site so as to provide safe access for the proposed new dwelling. It is considered that the site can be accessed safely.

7.18 Cambridgeshire County Council Highways requested a traffic survey

to demonstrate vehicle movements to and from the site. The survey concluded that the proposal will result in fewer movements. Concerns were also raised about the displacement of customer / staff parking onto the public highway, however it is considered that the site is located within a sustainable central location with many people accessing the chemist by foot. People that do drive could park on the public highway in a number of locations near-by, or slightly further away, and then walk to close distance to the pharmacy (there is a pedestrian footway on the same side of the road). It is not justifiable to refuse the application based on the limited displacement of parking onto the public highway, which is considered to have no significant detriment to the amenity of neighbouring residents.

7.19 There are no maximum or minimum parking standards that need to

be applied to developments as per the requirements of the NPPF. It is shown on the submitted plans that three parking spaces are provided on site for the proposed dwelling whilst each flat and the chemist are provided with a space each along with cycle parking. It is considered that there is sufficient parking space on the site to meet the requirements of policies H31 of the Local Plan 1995, and LP17 & LP18 of the Local Plan to 2036: Proposed Submission (2017).

Other Issues 7.20 Ecology – The proposal involves the conversion of an existing barn

which has the potential for bat activity. A report has been submitted that satisfactorily demonstrates the acceptability of the proposal subject to the proposal being carried out in accordance with the measures set out within the report – this will be a condition.

7.21 There are no other material planning considerations which have a

significant bearing on the determination of this application. 7.22 Infrastructure Requirements and Planning Obligations 7.23 Part H of the Developer Contributions SPD (2011) requires a

payment towards refuse bins for new residential development. 7.24 A signed and completed Unilateral Undertaking was received by the

Local Planning Authority on 10th October 2017. The proposal therefore meets the requirements of Policy CS10 of the Core Strategy 2009.

Community Infrastructure Levy (CIL): 7.25 The development will be CIL liable in accordance with the Council’s

adopted charging schedule; CIL payments will cover footpaths and access, health, community facilities, libraries and lifelong learning and education.

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Conclusion 7.26 Given the inconsistencies of the adopted housing supply policies with

the NPPF the ‘tilted balance’ set out in para. 14 of the NPPF is engaged and shifts the planning balance in favour of the grant of consent, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

7.27 The presumption in favour of sustainable development requires

proposals to achieve economic, social and environmental gains; as such a balancing exercise has to be undertaken to weigh the benefits of the scheme against its disadvantages.

7.28 When considered in the round, the proposal would contribute to the

economic and social dimensions of sustainability. The scheme offers some benefits with a neutral impact on the character and appearance of the conservation area.

7.29 The harm identified is not considered to significantly and

demonstrably outweigh the scheme’s benefits when assessed against the policies in the NPPF taken as a whole. This is a significant material consideration which outweighs the conflict with the Development Plan.

7.30 In this instance the proposal for a new dwelling within the built up

area of the settlement and is not considered to cause significant and demonstrable harm to outweigh the economic, social and environmental benefits of the proposal, therefore given the current policy position the proposed development is considered to be compliant with relevant national and local planning policy as: - The principle of the development of this site for residential purposes is acceptable. - The proposed dwelling would have no significant adverse impact on the overall character of the conservation area due to its scale, bulk and restrained massing. - The proposal would satisfactorily safeguard the amenities of neighbouring dwellings. - There are no overriding highway safety issues. - There are no other material planning considerations which have a significant bearing on the determination of this application.

8. RECOMMENDATION - APPROVAL subject to

conditions to include the following

• Time limit • Materials • Hard and soft landscaping • Boundary treatments • Ecology

If you would like a translation of this document, a large text version or an audio version, please contact us on 01480 388388 and we will try to accommodate your needs.

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CONTACT OFFICER: Enquiries about this report to Peter Baish Senior Development Management Officer 01480 388680

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Application Ref: 17/02138/FULo © Crown copyright and database rights 2018 Ordnance Survey HDC 100022322

1:1,250Scale = Date Created: 10/05/2018

Development Management Committee

Location:Warboys

KeyListed Building

The Site

Conservation Area

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