BOROUGH OF PENDLE by chenshu

VIEWS: 4 PAGES: 20

									REPORT OF:          THE PLANNING MANAGER

TO:                 BARROWFORD AND WESTERN PARISHES
                    COMMITTEE

DATE:               2nd OCTOBER 2003


                    PLANNING APPLICATIONS


Purpose of Report

To determine the attached planning applications.




Town Hall,
NELSON,
Report Author: A. Wiggett               (Tel:) (01282) 661706
                                        E-Mail: andy.wiggett@pendle.gov.uk


Ref: AW/CPB
Date: 23rd September 2002




                                         1
Application Ref:        13/03/0387P                                              Ref: PLA9167
Proposal:               Erect double garage and form access from Ribblesdale Place
At:                     317 Gisburn Road Barrowford Nelson Lancashire BB9 6AY
On behalf of:           Nationwide Special Projects Ltd
Date Registered:        9 June 2003
Expiry Date:            4 August 2003
Case Officer:           Barry Maher
Report Written:         9 September 2003

Site & Proposal
This large detached house stands in extensive grounds at the corner of Ribblesdale Place.
Outline permission was granted for residential development of the site, with access off
Gisburn Road, in December last year. A full detailed application for residential development
of the garden areas, excluding the existing house and its immediate garden, with new
access road off Gisburn Road is under consideration and will be reported to a future
meeting.

The present proposal is for a double garage to replace the existing domestic garage. It
would be attached to the Gisburn Road elevation of the house, with doors facing Ribblesdale
Place and new access Drive off that road. Amended plans are submitted showing a reduced
access width, and a greater distance between the proposed garage and a large tree within
the grounds.

The application no longer includes a boiler room as this would now be incorporated within
the existing house.

Statutory Consultee Comments
County Highways: Would have preferred access to be off proposed new estate road but
raises no objection because location of new access complies with normal highway
standards, and marginal increased use of junction with main road would be more than
compensated by closure of existing sub-standard access. Points out that the proposed
access on its own would be permitted development.

Neighbour Notification Comments
Neighbouring properties on Gisburn Road and Ribblesdale Place notified. Publicity period
expired on 8th August.

Eight letters received, from properties in Ribblesdale Place, objecting not to the garage itself
but to the proposed new access on following grounds:

1. Too close to main road junction leading to conflict with traffic turning into Ribblesdale
Place.

2. Increased use of this dangerous junction, particularly bearing in mind that this large house
could in future generate more traffic than the average house.




                                                2
3. General detriment to highway safety.

4. Contrary to terms of planning permission which precluded new vehicular access off
Ribblesdale Place.

5. Proposed garage should be accessed off proposed new estate road.

6. Proposal may be "back door" means of gaining access to the proposed housing site from
Ribblesdale Place.

7. Detriment to appearance of Ribblesdale Place.

One of the objectors raised an additional objection about the way the application had been
dealt with and urged that it be dealt with at the same time as the application for the
development of grounds of No 317.

Members will also wish to be reminded that one of the objectors urged at the last meeting
that if permission were to be granted conditions should be attached removing permitted
development rights, restricting the access to No. 317 only and requiring a protective fencing
around the trees.

Planning Issues
This is a separate proposal to that for residential development of the house grounds and
should be dealt with on its own merits. It should not be assumed that the re-development of
wider garden area would go ahead.

The issues are the effect of the proposal on the appearance of the area, and on highway
safety. The relevant policy is Local Plan Policy 1 (General Policy) requiring good design in
new development, and safe highway access.

1. Appearance

The proposed garage would be set back by 20m from Ribblesdale Place and 25m from
Gisburn Road and would be partly screened from view from these roads by the mature trees
along the boundaries. It would in any event be of a design and use materials to complement
the existing house and would not adversely affect the appearance of the area.

The proposed new access would not affect any of the boundary trees now protected by
TPO. Discussions have taken place between the developer and the Council's Trees Officer
concerning the detail of access construction between two of the protected trees on the
Ribblesdale Place frontage.

The Trees Officer is satisfied that, provided a "no-dig" construction technique (as used in
similar situations elsewhere in the Borough) is employed there is no reason to believe that
damage to any tree roots would occur.

The developer has, through his agent, agreed to this and a condition should be attached to
any permission granted, requiring details of access construction and methodology to be
submitted and approved before start of development. (Even if the developer decided to
exercise his permitted development rights to form a new access he would still be obliged not
to cause damage to the protected tree and would be liable for any such damage under (TPO
legislation). Also, the standard tree protection condition should be attached to safeguard
nearby trees during construction.




                                              3
2. Highway Safety

The proposed new access off Ribblesdale Place would in itself be satisfactory in terms of
safety on that road. It would be 22m from the junction with the main road, far enough away
to avoid conflict with traffic turning off the main road and in compliance with normal highway
standards.

As regards increased use of the junction of Ribblesdale Place with the main road, this
junction is indeed sub-standard particularly with regard to sight-lines. However, the
increased use of the junction would be marginal compared with the existing also sub-
standard access to No 317 which is adjacent to the junction of Ribblesdale Place and the
main road.

Neighbouring residents refer to the requirement in the recent outline permission that there be
no new access off Ribblesdale Place, and ask why the new garage should not be served off
the new estate road off Gisburn Road. However, the restriction on access from Ribblesdale
Place related to access for a number of dwellings (limited to 8) rather than a replacement
access for one dwelling. Also, any preference for the existing house to be served off a
proposed estate road (not yet approved) can only be based on a sustainable objection to the
present proposal, that it would be likely to cause highway hazard.

County Highways raise no objections and I agree that the present proposal would not cause
significant additional hazard at the junction of Ribblesdale Place and the main road.
Members will also wish to be reminded that the proposed new access would, on its own, be
permitted development, and could be carried out on its own at any time although this in itself
would not be a reason to approve the application.

However on reflection, whilst the issue of access to the redevelopment scheme can be dealt
with through that application it may be prudent to restrict the use of the new garage access
to No. 317 only, as suggested by the local residents.

Summary

The proposal would not be contrary to the requirements of Local Plan Policy 1 regarding
good design and highway safety, and should therefore be granted permission. Grant of
permission would not prejudice consideration of the residential development proposals for
the grounds of the house. The proposal would not, subject to appropriate access
construction details and tree protection affect the protected trees on the site.

I recommended grant of permission subject to conditions. A condition restricting permitted
development rights is reasonable or necessary and to do so would not be based on any valid
planning grounds.

RECOMMENDATION: Approve
Subject to the following conditions:

1.   The development permitted shall be begun before the expiration of five years from the
     date of this permission.
      Reason:     The condition is deemed attached by virtue of Section 91 of the Town and
                  Country Planning Act 1990.

2.   Within one month of the formation of the new access off Ribblesdale Place the existing
     vehicular access to No 317 off Gisburn Road shall be permanently blocked by means
     to be approved by the Local Planning Authority the details of which shall be submitted


                                              4
     to and approved in writing by the Local Planning Authority prior to the commencement
     of development.
     Reason:     To ensure that the increased use of the junction of Ribblesdale Place and
                 Gisburn Road is balanced by closure of the existing adjacent access,
                 thereby avoiding an increase in turning movements at this point of the main
                 road in the interests of highway safety.

3.   The proposed access drive and footway cross-over shall be constructed in accordance
     with details of construction to be submitted to and approved by the Local Planning
     Authority before commencement of development, such details to involve the minimum
     of ground disturbance.
     Reason:     To ensure that construction of the access does not damage the roots of
                 nearby trees covered by TPO.

4.   (a) Before any equipment, machinery or materials are brought onto the site, fencing to
     protect trees within or on the boundaries of the site covered by Tree Preservation
     Order shall be erected in accordance with a detailed scheme for that purpose which
     shall be first submitted to and approved in writing by the Local Planning Authority. The
     scheme shall be drawn up in compliance with the relevant provisions of BS 5837
     (1991);
     (b) the fencing shall be maintained until all the equipment, machinery and surplus
     materials have been removed from the site;
     (c) nothing shall be stored or placed in any area fenced in accordance with this
     condition, and the ground levels within those areas shall not be altered, nor shall any
     excavation be made, without the prior written consent of the Local Planning Authority.
     Reason:     To ensure adequate protection to prevent harm to trees which make a
                 valuable contribution to the amenity of the area.

5.   The proposed access shall serve only the proposed garage and the dwelling and
     curtilage of No 317, and shall not provide access to any development that may take
     place within the grounds of No 317 or adjacent land.
     Reason:     To restrict the use of the access in the interests of highway safety in
                 Ribblesdale Place and at the junction with Gisburn Road.




                                              5
Application Ref:   13/03/0387P                                       Ref: PLA9167
Proposal:          Erect double garage and form access from Ribblesdale Place
At:                317 Gisburn Road Barrowford Nelson Lancashire BB9 6AY
On behalf of:      Nationwide Special Projects Ltd




                                        6
Application Ref:        13/03/0460P                                            Ref: PLA9241
Proposal:               Convert attached garage/store to two holiday flats
At:                     Height Top Farm Stump Hall Road Higham Burnley Lancashire BB12
                        9BU
On behalf of:           Mr & Mrs K Sharp
Date Registered:        1 July 2003
Expiry Date:            26 August 2003
Case Officer:           Barry Maher
Report Written:         22 September 2003


Site & Proposal
Height Top Farm comprises a large former farmhouse/barn on the Stump Hall Road
frontage, and a bungalow (which replaced the old farmhouse, declared unfit in 1967) behind.
The farm retains a small amount of grazing land and residue of farming activity.

The site is at the north edge of the Green Belt and adjacent to the A.O.N.B. which is on the
north side of Stump Hall Road.

The proposal is to renovate the former farmhouse including a two storey extension to
replace an existing single storey lean to, to form two flats for holiday letting.



Statutory Consultee Comments
LCC Highways: Comments awaited.

Environment Agency: No objection subject to submission and approval of scheme of foul
drainage.

Pendle Environmental Services: Advise that the water supply is private, and that a
wholesome water supply would need to be provided.



Neighbour Notification Comments
Nearby dwellings notified and press notice posted without response.

Parish Council: Raise following points:

1. Building is subject to a Closing Order prohibiting habitation.

2. Access has no sight lines.

3. Original building is being altered from original by two-storey extension.

4. Site is within A.O.N.B.



                                               7
Planning Issues
The main issues are the principle of two new dwellings (albeit for holiday use) in a building
subject to a planning permission restriction in 1967 prohibiting future residential use; Local
Plan Policy regarding conversion of rural buildings to dwellings; effect on the Green Belt and
adjacent A.O.N.B; and effect on highway safety. Stump Hall Road carries the boundary
between the Green Belt and the A.O.N.B.

The relevant policies are Pendle Local Plan Policy 1 (General Policy) directing new
development to existing settlements, and requiring maintenance of valued environments,
good design and highway safety.

Policy E2 (Green Belt) which resists inappropriate development but allows small scale
extensions and re-use of buildings that do not affect the objections of the Green Belt.

Policy E1 (AONB) which protects the AONB but allows small scale development such as
extensions to existing dwellings.

1. Principle

The planning permission for the applicant’s bungalow was subject to a condition in effect
prohibiting use of the farmhouse as a dwelling after occupation of the new bungalow.

If the proposal were for dwelling use it would be in conflict with this condition aimed at
protecting the countryside from new dwellings except in special circumstances such as
agricultural need.

However, the proposal is for holiday units and whilst these would, like a dwelling generate
traffic in the countryside (one of the planning reasons for resisting new houses in the
countryside) the benefits of tourist use may outweigh this disadvantage, bearing in mind the
proposal is for re-use of an existing building and subject to the proposal satisfying other
issues.

The proposal would not conflict with Green Belt policy.

2. Local Plan Policy

The proposal complies with Policy E11 regarding conversion of rural buildings, in that it is
part of an existing substantial group of buildings and respects the form and design of the
existing buildings with modest extensions that would not adversely affect the character of the
area. The proposal would not involve any garden or parking proposals that would affect the
area, and the building is capable of conversion without major reconstruction.

The issue of access is considered below.

3. Affect on Green Belt and the AONB

The proposal, including the proposed extension (which would be in keeping with the existing
building, and would be within the existing group of buildings) would not affect the character
or appearance of the AONB, or the Green Belt.

4. Highways/Parking




                                               8
The application proposes shared use of the former farmyard for parking and turning.

Visibility at the access drive junction with Stump Hall Road is severely sub-standard,
particularly to the right (to the east) but bearing in mind that this road is a very quiet, lightly
trafficked lane the proposal would be unlikely (subject to LCC Highway comments) to result
in significant highway hazard.

5. Other Issues

The proposal would not affect the outlook or privacy of nearby dwellings.

RECOMMENDATION: Approve
Subject to the following conditions:

1.    The development permitted shall be begun before the expiration of five years from the
      date of this permission.
      Reason:      The condition is deemed attached by virtue of Section 91 of the Town and
                   Country Planning Act 1990.

2.    The units of accommodation shall be used for holiday accommodation only and for no
      other purpose (including any other purpose within Class C of the Schedule to the
      Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent
      to that Class in any statutory instrument revoking or re-enacting that Order with o r
      without modification) and shall not be let to or occupied by any one person or group of
      persons for a continuous period of longer than 3 months in any one year.
      Reason:      Because the accommodation is unsuitable for permanent accommodation
                   by reason of lack of amenity, space and unrestricted occupation as a
                   dwelling or dwellings would be contrary to condition 3 of planning
                   permission ref. 7/7/5201 1967 for a new dwelling to replace the original
                   farmhouse which had become unfit, and was granted only on the basis that
                   the residential use of the farmhouse would cease.

3.    The period of each let shall be no longer than 3 calendar months with no return
      occupation by the same holiday maker to any unit for a period of 6 calendar months.
      Reason:      In order to ensure proper control of the holiday units and to prevent
                   establishment of a permanent residence.

4.    This proposal shall be for the conversion of the existing building with proposed
      extension as shown on the approved plans rather than for its major re-building, and
      rebuilding shall be limited to that shown on the approved plans.
      Reason:      Major rebuilding of the building would be contrary to Local Plan Policy E11
                   relating to conversion of rural buildings to dwellings.

5.    The external walls of the proposed extension shall be random rubble brought to *** to
      match the existing building.
      Reason:      To ensure a satisfactory appearance (Local Plan Policy E1 and D1 apply).

6.    Before either of the holiday units are brought into use access driveway visibility along
      Stump Hall Road shall be improved in accordance with a scheme to be submitted to
      and approved by the Local Planning Authority before start of development.




                                                 9
      Reason:      In the interests of highway safety (Local Plan Policy 1 applies).

7.    No development approved by this permission shall be commenced until a scheme for
      the conveyance of foul drainage to a private treatment plant has been submitted to and
      approved by the Local Planning Authority. No part of the development shall be brought
      into use until such treatment plant has been constructed and completed in accordance
      with the approved plans.
      Reason:      To prevent pollution of the water environment.




Application Ref:         13/03/0460P                                             Ref: PLA9241
Proposal:                Convert attached garage/store to two holiday flats
At:                      Height Top Farm Stump Hall Road Higham Burnley Lancashire BB12
                         9BU
On behalf of:            Mr & Mrs K Sharp




                                               10
Application Ref:         13/03/0508P                                             Ref: PLA9295
Proposal:               Erect stable block
At:                     Peel House Gisburn Old Road Blacko Nelson
On behalf of:           Mr D Fishwick
Date Registered:        15 July 2003
Expiry Date:            9 September 2003
Case Officer:           Barry Maher
Report Written:         16 September 2003

Site & Proposal
Peel House stands in a prominent and isolated hill top location. It comprises a detached
house, refurbished in the 1990's and has an extensive graveled forecourt/yard extending
north from the house along the road. At the north edge of the forecourt is an old stable
flanking the road.

In 1998 permission was refused for a 6.5m x 6.5m double garage next to the barn/ stable on
grounds of being an overprominent intrusion into the countryside.

Permission was subsequently granted, also in 1998 for a single garage which it was felt
would look subservient to the existing barn/stable. This permission was not taken up and
has just expired.

Proposal
The present proposal is an "L" shaped, 3 unit stable block on the opposite side of the
barn/stable from the road.

As amended the proposal would extend about 3m to the north of an original stone wall
marking the north edge of the forecourt, and line up with the rear wall of the barn/stable.

It would be of standard timber loose-box construction with pitched roof about two-thirds of
the overall height of the barn/stable.

Statutory Consultee Comments
None.

Neighbour Notification Comments
Site and press notices posted (no neighbouring houses to notify) with no response.

Parish Council: Happy about stable proposal in itself but expresses concern about previous
use of site for storage of rams, and possibility that the stables could in future be used for this
purpose.




                                               11
Planning Issues
There are no nearby houses likely to be affected, and the sole issue is the impact on this
attractive area of hill top countryside.

The past history of use of the site for storage of vans is irrelevant, and in any case the
applicant appears to have moved all but one or two to his premises in Nelson and newly built
premises off North Valley Road, Colne. Nevertheless future use of the stables could be
limited by condition.

The relevant policy is Local Plan Policy 1, which aims to maintain valued environments
including attractive areas of countryside.

Gisburn Old Road provides a popular walking route linking with the Pendle Way which runs
a little to the west and has extensive views to the south west towards Pendleside.

The proposed stable block would cover an area about 8m x 8m, and would be a prominent
feature in the local scene. However, it would extend beyond the existing domestic curtilage
by only a few metres, and would relate well to the existing dwelling forecourt and barn/stable
which is a recognisable part of the domestic curtilage.

Whilst the proposal would intrude in the existing open view over the forecourt of Peel House
into the countryside beyond it would not look out of place, and would to the contrary benefit
the appearance of the area by defining and enclosing this end of the domestic curtilage.

For the above reasons the proposal would satisfy the Local Plan Policy 1 aim, of maintaining
valued environments.

RECOMMENDATION: Approve
Subject to the following conditions:

1.   The development permitted shall be begun before the expiration of five years from the
     date of this permission.
      Reason:     The condition is deemed attached by virtue of Section 91 of the Town and
                  Country Planning Act 1990.

2.   The stables shall be used solely for the housing of private horses of the
     owner/occupiers of Peel House, and shall not be used for livery purposes, for riding
     school use, or for any commercial use.
      Reason:     Because unrestricted equestrian use would generate an increase in traffic
                  and other commercial activity, inappropriate and damaging to the character
                  of this isolated, prominent, and attractive area of countryside (Local Plan
                  Policy 1 (General Policy) applies).

3.   The stable block shall, within six months of ceasing to be used (whether because of
     dereliction or other reason) for stabling of horses, be removed from the site.
      Reason:     In the interests of the appearance of this area of countryside, bearing in
                  mind the temporary materials of construction.




                                              12
Application Ref:   13/03/0508P                                 Ref: PLA9295
Proposal:          Erect stable block
At:                Peel House Gisburn Old Road Blacko Nelson
On behalf of:      Mr D Fishwick




                                        13
Application Ref:        13/03/0534P                                           Ref: PLA9316
Proposal:              Erect 4-bay foaling building and 4 dwelling-unit building to form
                       commercial horse breeding centre
At:                    Wheathead Game Farm Wheathead Lane Blacko Nelson Lancashire
                       BB9 6PG
On behalf of:          Mrs A E Brown
Date Registered:       24 July 2003
Expiry Date:           18 September 2003
Case Officer:          Stan Healey
Report Written:        18 September 2003


Site & Proposal
The Game Farm is a 14 acre (5.5 hectare) holding, with a further 6 acres rented. Buildings
on the site comprise a dwelling house, garage and an unfinished stone structure
commenced in 1978 as a hatchery 25m x 10m under a permission issued in 1973 (Outline),
1977 (Reserved Matters).

The proposal is too erect the blockwork foaling units. 25mX10mX7m (ridge) alongside the
garage. The partly constructed hatchery would be completed as a 2 storey block containing
4 masionettes for visiting buyers.



Relevant Planning History

1. Extend outbuilding up to first floor: Refused on Appeal File ref.13/96/0103 dated 12th
   August 1997
2. Erect double garage: Permission Granted file ref. 13/098/0242 dated 2nd July 1998
3. Extend outbuildings up to first floor: Refused, file ref. 13/99/0168 dated1st July 1988



Statutory Consultee Comments
County Highways: Objection. Existing access to Wheathead Lane is substandard. Junction
of Wheathead Lane with Gisburn Road substandard Any development which increases use
of the junction must be resisted in the interest of highway safety.

LCC Property Services (Rural): Objection. The design of the foaling building is
inappropriate as full blockwork walling would be harsh, loft storage - intense and metal
roofing generate condensation. On site accommodation unjustified for the scale of the
operation.

Neighbour Notification Comments
1 and 2 Blacko Laithe Barn, Blacko Laithe farm – no response




                                             14
Parish Council: Objection
1. Increase in traffic in lane
2. Construction of 4 dwelling units not justified
3. Detract from A.O.N.B.

Planning Issues
The business at the farm has moved from supporting livestock to keeping shire horses –
mares and a stallion. Currently the stone built garage and "hatchery“ are utilised for stabling
and feed. The agricultural building has not been the subject of a change of use from
agriculture to horse breeding and the current use of the site is therefore not lawfully
established.

A covering letter from the agent states that at present there is a stallion, three mares, filly
and a foal. The proposal is to breed from two stallions and six mares to generate between 3
to 6 offspring each year and sell for export.

The keeping of shire horses on this holding is part hobby/ part business. The construction of
a blockwork unit with metal cladded roof is justified in principle for the foals but materials are
inappropriate for horse breeding and conflict with the Authority’s materials policy.

The application has not been accompanied by a satisfactory business plan and lacks
substance and justification. It would not be appropriate to approve an application for a
permanent development in this location for an enterprise that has not been supported by a
sound business plan to justify its long tern viability.

The erection of a building for tourists has again not been justified in the context of Policy
E10A of the Local Plan. This requires that the scheme directly relates to a farm enterprise,
which it does not, or would help to diversify the rural economy. No supporting information
has been advanced to justify how the application would fit within the prevailing policy. The
application would therefore result in the erection of an unjustified building in the open
countryside contrary to policy E10A.

The access into the site is substandard I concur with the views of the County Highway
section. The application would lead to an increase in vehicular movement along a
substandard highway network which would inimical to highway safety.

The proposal conflicts with policies 1 “General“, E10A “New Buildings in the Countryside“
and D1 “Building Materials“.



RECOMMENDATION: Refuse
For the following reasons:

1.   The proposed scheme for a horse breeding centre at this site is contrary to Policy 1
     General and D1 Building Materials of the adopted Pendle Local Plan in that
     construction materials for the foaling unit are inappropriate for this location.

2.   The erection of visitor accommodation without justification in the open countryside
     would lead to unnecessary development to the detriment of the character of the area
     and would be contrary to policy E10 of the adopted Pendle Local Plan.

3.   The proposed centre with an inadequate access would generate additional traffic at the
     junction of Wheathead Lane with the A682 Gisburn Road, and reduce levels of


                                               15
      highway safety in that location.




Application Ref:        13/03/0534P                                            Ref: PLA9316
Proposal:               Erect 4-bay foaling building and 4 dwelling-unit building to form
                        commercial horse breeding centre
At:                     Wheathead Game Farm Wheathead Lane Blacko Nelson Lancashire
                        BB9 6PG
On behalf of:           Mrs A E Brown




                                              16
Application Ref:        13/03/0535P                                             Ref: PLA9349
Proposal:               Formation of access road to existing agricultural building
At:                     Wheathead Game Farm Wheathead Lane Blacko Nelson Lancashire
                        BB9 6PG
On behalf of:           Mrs A E Brown
Date Registered:        30 July 2003
Expiry Date:            24 September 2003
Case Officer:           Stan Healey
Report Written:         16 September 2003

Site & Proposal
The site is part of field no. 1400 on the north side of Admergill Water, the north bank of
which carries footpath no. 10 (Blacko Parish).

Originally submitted as an Agricultural Notification by the Landowner, the matter was "called
in" by the Authority as the materials proposed and the amount of construction proposed was
considered inappropriate on this site adjoining the A.O.N.B.

Statutory Consultee Comments
None.

Neighbour Notification Comments
Site notice - no response to date.

Planning Issues
The track from a cart bridge up to a field building will be 45 metres long and 6 metres wide
with a parking area 4m x 10m alongside the building.

Materials proposed were a hard core base with concrete wheel tracks laid along the surface.

While the track would cover a considerable gradient up to the building, the use of hard core
and concrete on a site adjoining the A.O.N.B. in a biological heritage site - Admergill Valley -
is inappropriate. The agent has been contacted and requested to confine construction
materials to a "green" limestone base layer and top layer to be sourced from a quarry
nearby.

A t the time of drafting the report no response has been received from the agent. The
proposal remains contrary to Policy E1 A.O.N.B. and Policy E6 "Important Wildlife Sites".



RECOMMENDATION: Refuse
For the following reasons:



                                              17
1.    The construction of a 45m long access track in concrete across part of field no. 1400,
      adjoining the A.O.N.B. is contrary to Policies E1 and E6 which seek to conserve areas
      of outstanding natural beauty and valued wildlife habitats.
2.    The construction of the access track in this location would be visually prominent and
      conspicuous and damaging to the setting o the adjoining are of outstanding natural
      beauty. The development would thus be contrary to policy E1 of the adopted Pendle
      Local Plan.




Application Ref:        13/03/0535P                                           Ref: PLA9349
Proposal:              Formation of access road to existing agricultural building
At:                    Wheathead Game Farm Wheathead Lane Blacko Nelson Lancashire
                       BB9 6PG
On behalf of:          Mrs A E Brown




                                             18
Application Ref:        13/03/0579P                                             Ref: PLA9362
Proposal:               Vary condition no. 1 of App. No. 13/02/0383P to allow clear glazing in
                        gable window
At:                     Flat 5 The Fountains Gisburn Road Barrowford Nelson Lancashire
                        BB9
On behalf of:           Mrs E A Ward
Date Registered:        11 August 2003
Expiry Date:            6 October 2003
Case Officer:           Barry Maher
Report Written:         11 September 2003

Site & Proposal
In December 2001, the Area Committee resolved (against recommendation) to take
enforcement action against a small window (to a first floor flat) inserted without permission in
the Harry Street gable wall of The Fountains shops/flats development. Subsequently,
permission was granted in July 2002 for the window subject to a condition that the window
be obscurely glazed.

In May an application by the occupier of the flat, to delete this condition and allow clear
glazing to what is the only window to the kitchen of Flat No 5 was refused (against
recommendation) on grounds of loss of privacy to residents of the houses on the opposite
side of Harry Street.

The present application is the same and in effect requests reconsideration.

Statutory Consultee Comments
None.

Neighbour Notification Comments
Houses on opposite side of Harry Street notified. One objection received from resident on
grounds of overlooking and loss of privacy, and that the Council has previously accepted the
need for this window to be obscurely glazed.

Parish Council: Maintains objection to previous application.

Planning Issues
The sole issue is the effect on the privacy of neighbouring dwellings on the opposite side of
Harry Street.

The only relevant policy is Local Plan Policy 1 which among other things requires new
development to demonstrate good design (which may be taken to include providing for
needs of privacy).

The window is the sole window to a kitchen in Flat 5. It faces directly towards the gable of



                                              19
76 Gisburn Road, which contains just one window, to a staircase landing, at a distance of
about 17m. There is also a partial, oblique line of sight towards the front windows of 2 Harry
Street, about 20m away, although this view is at least partly blocked by the staircase block
on this gable elevation of The Fountains.

Notwithstanding the objection from one of the neighbours the effect of this window with clear
glazing on the privacy of the two neighbouring houses would be negligible and there would
be no conflict with the Local Plan Policy 1 requirement of good design in new development.

Notwithstanding the decision on the last application I again recommend grant of permission.

RECOMMENDATION: Approve




Application Ref:        13/03/0579P                                           Ref: PLA9362
Proposal:              Vary condition no. 1 of App. No. 13/02/0383P to allow clear glazing in
                       gable window
At:                    Flat 5 The Fountains Gisburn Road Barrowford Nelson Lancashire
                       BB9
On behalf of:          Mrs E A Ward




                                             20

								
To top