Agenda item

Proposal:	Erection of replacement dwelling following demolition of existing dwelling.
Location:	Osgood Holding, Sadgrove Lane Bucklebury, RG7 6SB
Applicant:	Mr and Mrs L Pitchfork
Recommendation:	To DELEGATE to the Head of Planning and Countryside to GRANT PLANNING PERMISSION.

 

The Committee considered a report (Agenda Item 4(5)) concerning Planning Application 10/01169/FUL in respect of the erection of replacement dwelling following demolition of existing dwelling.

In accordance with the Council’s Constitution, Mr Barry Dickens, Parish Council representative, and Mr Pitchford and Mr Darren Blackwell, applicant/agent, addressed the Committee on this application.

Mr Dickens in addressing the Committee raised the following points:

·                    Officers Recommendation to grant planning permission was a closely balanced decision.

·                    The Parish Council objected to the application as, in accordance with Supplementary Planning Guidance on replacement dwellings in the countryside, it was disproportionate to the original dwelling.  Including the basement this was a 142% increase and without the basement taken into account it was still an increase of over 50%.  This was contrary to ENV23 and the Bucklebury Village Design Statement, and constituted overdevelopment.

·                    The proposal would be overly intrusive, particularly when considering the existing outbuildings.  It would not meet local and national guidelines.

·                    The design was inappropriate for the rural character of the area and this was again contrary to planning policy and the Village Design Statement.  It would not compliment existing properties, this included the proposal to use lime render.  It would also have a negative impact on the character, landscape and quality of the AONB in which it was located. 

·                    Insufficient attention had been given to a landscaping scheme. 

·                    The ridge height proposed was similar to the existing property. 

Mr Pitchford in addressing the Committee raised the following points:

·                    He had lived in the area for ten years and had purchased this property with the intention of turning it into a family home two years ago.

·                    The property had previously been unoccupied for some time and the surrounding land was in a run down state.  This had since been improved by Mr Pitchford and the land was used as an equestrian centre. 

·                    The house was next to a stream and subsidence had been an issue.  Parts of the house were therefore in a poor state of repair. 

·                    The proposal had been carefully put together since the purchase of the property, this included keeping the height at the same level as the existing dwelling.  This would keep it well obscured.  Approval of the application would update the property and make it something to be proud of. 

Mr Blackwell in addressing the Committee raised the following points:

·                    He gave further detail on the processes undertaken to put together this proposal.  An application was produced in 2009, but was withdrawn as a result of the concerns that were raised. 

·                    Lengthy consultation was undertaken with West Berkshire Council and as a result policy requirements were adhered to, the proposal for a garage was removed and the outbuildings were to be retained.  These actions were felt to mitigate against the concerns raised previously and the application had been recommended for the Committee’s approval. 

·                    The floor space and volume increases had been significantly reduced from the 2009 application.  The basement would have no impact and should not be included as part of the increase to the building.

·                    This building would be a benefit to the area.

In response to Member questions, Mr Pitchford advised that:

·                    If the application was approved, he would be willing to accept a condition to retain the outbuildings.

·                    The right of way would be kept safely open during the construction period. 

Councillor Graham Pask, speaking as Ward Member, made the following points:

·                    He asked to bring this application to Committee because of the depth of concern felt by the Parish Council and by local residents.

·                    The existing building was not listed, but was of important local historical interest. 

·                    It would have been preferable for residents if efforts could have been made to convert the existing property, rather than to demolish and rebuild, thereby losing the local landmark.

·                    Consideration was needed as to whether the proposed design was appropriate in an AONB.  Other nearby dwellings had been extended rather than completely redeveloped.

·                    It would be nice to see this house lived in as a permanent family home, but consideration was needed to the proportion of the proposal and its design. 

It was pointed out that as the building was not listed, the owner had the right to apply to demolish it.  However, it was then queried whether the existing property could be afforded the category of a land mark building.

Reference was then made to the Development Control practice note, approved by the Planning Policy Task Group on 28 May 2010.  This was felt to be a relevant consideration as it gave greater protection to the countryside within the AONB.  The Task Group felt that an increase of more than 50% in an AONB should not be exceeded and even without considering the basement this proposal was a 63% increase in floor space and 61% increase in volume.  The Officer Recommendation was therefore questioned in the light of this. 

David Pearson advised that Officers took a professional judgement on the merits of the application and there was agreement, on balance, to recommend this for approval. 

Mr Pearson was also concerned with regard to the standing the practice note, which had not been out for public consultation, would have at an appeal.  He therefore felt that more long standing policies had more relevance. 

Councillor Brian Bedwell, as Chairman, was concerned that not all Members were fully aware of the practice note. 

Liz Patient added to these points by advising that any reasons for refusal needed to be based on the application, so that a decision taken could be well defended at a potential appeal and put the Committee in a stronger position.  The practice note could be questioned by a Planning Inspector if public consultation had not been undertaken.  Members were therefore recommended to consider the application on its merits. 

Councillor Tim Metcalfe proposed to accept Officers Recommendation and grant planning permission as he felt the replacement design was of a high quality and the existing building was in a poor condition.  This would provide a quality building which would be a landmark and would enhance the AONB.  Councillor Richard Crumly seconded the proposal and added that this would provide suitable accommodation for the 21^st century and the plot size was able to accommodate the proposed replacement dwelling. 

The potential further condition to retain the outbuildings was discussed.  David Pearson advised against its inclusion as it would be difficult to enforce over time. 

There were conflicting views given over this proposal.  There were concerns that the replacement dwelling would be too large, constituted overdevelopment of the site and the existing building should be preserved.

Although contrary to this was a view that the existing building had no architectural merit and was too close to the stream.

Another view given was that the existing building could be replaced, but the size should not be increased beyond 50%.  This would be in line with the practice note unanimously agreed by Members of the Planning Policy Task Group.   

(Councillor Royce Longton abstained from the vote). 

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission subject to the following conditions:

Conditions

            Time limit

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004); to enable the Local Planning Authority to review the desirability of the development should it not be started within a reasonable time.

 

Plans

 

2.         The development hereby permitted shall be carried out in accordance with [drawing numbers to be confirmed], unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:  For the avoidance of doubt and in the interest of proper planning.

 

            Samples of materials

 

3.         No development shall take place until samples of the materials and finishes visible external to the replacement dwelling, and samples of all other materials of the development visible externally such as those used in hard landscaping features (including hard surfaced areas) have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the materials used in the development shall be in accordance with the approved samples.

 

Reason:  In the interests of visual amenity to ensure that appropriate materials are selected, in accordance with Policies OVS2, ENV1, ENV18 and ENV23 of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Landscaping

 

4.         No development shall take place (including site clearance and any other preparatory works) until a detailed scheme of landscaping for the site has been submitted to and approved in writing by the Local Planning Authority.  The details shall include a schedules of plants (noting species, plant sizes and proposed numbers/densities), an implementation programme, and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure:

 

a)         completion of the approved landscaping within the first planting season following the completion of the development; and

b)         any trees, shrubs or plants that die or become seriously damaged within five years of the completion of the development shall be replaced in the following year by plants of the same size and species.

 

Thereafter the approved scheme shall be implemented in full.

 

Reason:  To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of Policies OVS2(a, b), OVS3(b), ENV1, ENV18 and ENV23(e) of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Hard surfaces

 

5.         No development shall take place until details of the external hard surfaced areas of the development have been submitted to and approved in writing by the Local Planning Authority.  Such details shall include a schedule of materials, means of treatment, and drawings demonstrating the layout of the hard surfaced areas.  The dwelling hereby permitted shall not be occupied until the hard surfaced areas have been constructed in accordance with the approved details.

 

Reason:  In the interests of visual amenity and surface water drainage, in accordance with Policies OVS2, ENV1, ENV18 and ENV23 of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Tree protection

 

6.         No development shall take place (including site clearance and any other preparatory works) until a scheme for the protection of trees to be retained has been submitted to and approved in writing by the Local Planning Authority.  Such a scheme shall include protective fencing, all in accordance with BS5837:2005.  No development works shall take place until the approved fencing has been erected and at least 2 working days notice has been given to the Local Planning Authority that is has been erected.  It shall be maintained and retained for the full duration of works or such a time as agreed in writing by the Local Planning Authority.  No activities or storage of materials whatsoever shall take place within the protection areas without the prior written agreement of the Local Planning Authority.

 

Note:  The protective fencing should be as specified in Chapter 9 and detailed in Figure 2 of BS5837:2005.

 

Reason:  To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with Policy OVS2(b) of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Arboricultural method statement

 

7.         No development shall take place (including site clearance and any other preparatory works) until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The statement shall include details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.  Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

 

Reason:  To ensure the protection of trees identified for retention at the site in accordance with the objectives of Policy OVS2(b) of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Tree protection – construction precautions

 

8.         No development shall take place (including site clearance and any other preparatory works) until details of the proposed foundations providing for the protection of the root zones of trees to be retained have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be carried out in accordance with the approved details.

 

Reason:  To ensure the protection of trees identified for retention at the site in accordance with the objectives of Policy OVS2(b) of the West Berkshire District Local Plan (Saved Policies 2007).

 

            External lighting

 

9.         No development shall take place until details of all external lighting have been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall be constructed in accordance with the approved details.  No external lighting fixtures, other than those expressly authorised by this permission, shall be provided within the application site.

 

Reason:  To prevent the effects of light pollution caused by intrusive external lighting.  In the interests of preserving dark night skies and the protecting amenity of the AONB countryside.  In accordance with the Council’s adopted Supplementary Planning Document ‘West Berkshire – Quality Design’, Part 5 – External lighting; and Policies OVS2, ENV1, ENV18 and ENV23 of the West Berkshire District Local Plan (Saved Policies 2007).

 

            Removal of permitted development rights

 

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order), no extensions to the dwelling shall be built, and no ancillary buildings shall be erected within the curtilage of the dwelling.

 

Reason:  To prevent the overdevelopment of the site, which is in a sensitive location within the designated countryside, and the North Wessex Downs Area of Outstanding Natural Beauty.  In accordance with Policy ENV1 and ENV23 of the West Berkshire District Local Plan (Saved Policies 2007), and the guidance contained within PPS7.

 

Code for Sustainable Homes

11.       No construction of the dwelling shall commence on site until a Design Stage assessment appropriate to the Code for Sustainable Homes, or an equivalent assessment methodology, demonstrating that the development will attain a minimum Code level 3 rating, or the relevant equivalent, has been submitted to and approved in writing by the Local Planning Authority.  The development shall then be carried out and fully completed in accordance with the approved assessment.  Prior to the first occupation of the dwelling hereby permitted a post construction review, carried out by a licensed assessor, confirming appropriate compliance shall be submitted to and approved in writing by the Local Planning Authority.

 

            Reason: Compliance with level 3 of the Code for Sustainable Homes has been volunteered.  This condition is imposed in accordance with Policy OVS10 of the West Berkshire District Local Plan (Saved Policies 2007), and the guidance contained within the Council’s adopted Supplementary Planning Document: Quality Design – West Berkshire, Part 4 ‘Sustainable Design Techniques’. 

 

Informatives:

 

            Decision to grant permission

 

1.         The decision to grant planning permission has been taken because the development is in accordance with the development plan and would have no significant impact on the character and appearance of the area or the residential amenities of the occupants of the adjacent dwellings.  This informative is only intended as a summary of the reason for the grant of planning permission. For further details on the decision please see the application report which is available from the Planning Service or the Council website.