DETAILS OF APPLICATION
Construction of detached annexe in association with main dwelling Pinetops Main Street Slaley Hexham Northumberland NE47 0AA
APPLICANT NAME L & N Sanger
AGENT (IF APPLICABLE) Noel Hakeman (Technical Services)
REFERENCE NO./EXPIRY DATE NOTES FOR COMMITTEE 1. Background
20090082 / 30/03/2009
1.1 At the meeting of the Area Planning Committee West held on 14 th May 2009, a decision on this application was deferred to allow the Members to visit the site. The purpose of the site visit was to assess the impact of the development on the neighbouring property. The visit took place on 29th May 2009. Previous Report 1. Proposal and Site 1.1 Permission is sought for the construction of a detached annexe building within the south east corner of the ‘L’ shaped garden of a detached two storey dwelling. Conditional planning permission was granted in February 2008 for a detached annexe building on this site. This application is to amend the scheme by increasing the floor area and height of the building. The approved annexe building measures 9.25 metres by 6.5 metres and has an eaves height of 2.3 metres with a maximum ridge height of 4.4 metres. The proposed annexe building would measure 9.15 metres by 8 metres and would have an eaves height of 2.3 metres with a maximum ridge height of 4.85 metres. There is also a change to the design of the patio window on the south elevation and the deletion of a window. A new window would also be inserted into the west elevation. The building would be constructed of stone and would have a reconstituted slate roof. The accommodation consists of two bedrooms, living room/kitchen and bathroom. 1.2 Pinetops is a large detached two storey dwelling with a large curtilage located in the village of Slaley. The dwelling is accessed via a private drive off Main Street. The property is bounded to the north by Main Street, to the east and west by residential properties and to the south by fields.
1.3 The site is located in Slaley, which is defined in the Core Strategy as a small sustainable settlement. 2. Planning Policy 2.1 Tynedale Local Development Framework: Core Strategy GD1 The general location of development BE1 Principles for the built environment H1 Principles for housing H3 Location of new housing and the definition of sustainable settlement 2.2 Tynedale District Local Plan GD2 Design criteria for development, including extensions and alterations GD4 Range of transport provision for all development GD6 Car parking standards outside of the built up areas of Hexham, Haltwhistle, Prudhoe and Corbridge H32 Residential design criteria NE33 Protection of Trees, Woodlands and Hedgerows NE34 Tree felling 3. Planning History 3.1 Reference: 20030457 – Construction of two storey side extension – Approved 02.06.03 3.2 Reference: 20060156 – Construction of rear conservatory – Approved 21.03.06 3.3 Reference: 20071342 – Construction of detached annexe in association with main dwelling – Approved 26.02.08 4. Consultations/Representations 4.1 Slaley Parish Council: Object. Slaley Parish Council wishes their current objection to be recorded alongside their 2007 objections. The 2007 plans show 8.3 metres to the southern boundary. The 2009 resubmission plans show 6.8 metres to the southern boundary. This 1.5 metre distance is confirmed when a scale is used to measure the footprint of the proposed single storey dwelling. The increase in width of the building causes the roof to rise by 0.5 metres. Because this building is to the immediate south of ‘Overdale’ garden the Councillors are concerned that this increase of 19.5 inches will have an impact on the summer enjoyment in the south facing garden of ‘Overdale’. 4.11 The 2007 application referred to a granny annex to Pinetops and condition No 4 states that ‘the building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Pinetops. The accommodation created by this development shall not be used as a separate dwelling unit.’ The 2009 resubmission refers to a detached annex and the Parish Council wonders if the original intended use by a member of the immediate family or a carer to the family is no longer applicable. The Parish Council would object to the use of the detached annex
for paying guests, as this would be a commercial enterprise and subject to different planning regulations. The Councillors request that a condition of any planning permission prohibits the use of the annex as a commercial business or money making venture such as renting out on a long-term lease or as a holiday cottage. 4.2 Highway Authority: No objection subject to conditions 4.3 Northumbrian Water: No objection 4.4 Public response: A total of three letters of objection have been received from local properties (see Appendix 1). The main material issues raised are summarised as follows: (a) Over development of the site (b) Development will lead to an unacceptable precedent being set (c) Emergency vehicles will be unable to gain access to the site (d) Loss of privacy, light and views (e) As the new application no longer refers to a ‘granny annex’ this raises concerns that the building may be used as a rental property (f) The increase in the size of the building will spoil the general outlook of the area 5. Assessment 5.1 The main issues for consideration are: Principle of development Design and impact on surrounding area Impact on residential amenity Access and parking Principle of development 5.2 Conditional planning permission was granted for a detached annexe building on this site in February 2008. This permission has not been implemented. However there have been no relevant material changes in planning policies since that time and therefore the principle of the development has been established. The changes to the scheme are set out in paragraph 1.1 of this report and will be considered below. Design and impact on surrounding area 5.3 Core Strategy Policy BE1 sets out principles for new development. One of the principles is to ensure that development is of a high quality design that will maintain and enhance the distinctive local character of the District’s towns, villages and countryside. Local Plan Policy GD2 is a general design policy which sets out the criteria for assessing development proposals, stating that design should be appropriate to the character of the site and its surroundings, to existing buildings and their setting, in terms of the scale,
proportions, massing, positioning and appearance of buildings, use of appropriate materials, structures and hard and soft landscaping. Local Plan Policy H32 also states that proposals should reflect the distinctive character of the District and should reflect local building styles and materials. 5.4 The proposed building would be constructed of stone and reconstituted slate and would relate well to the scale of the existing dwelling and its curtilage. As was the case with the approved scheme, the design of the building and use of materials is in keeping with the character of the site and is considered acceptable for its location. The building would be located to the rear of the plot and would have no impact upon the character of the existing streetscape. It is acknowledged that the proposed building would be located beyond the existing rear building line of the majority of the dwellings on this part of Main Street, however, there are a number of existing detached outbuildings and farm buildings located to the south of South Side Farm and to the south east of Orchard House and the proposed building would not project beyond the building line of these existing outbuildings. In addition, the building would be located within the curtilage of Pinetops and would not project into the open countryside or Green Belt. The proposal would accord with Core Strategy Policy BE1 and Local Plan Policy GD2. 5.5 Local residents are concerned that a precedent would be set if this application is allowed as it would alter the character of the village. However, the principle of locating a building within the south east corner of the rear garden of Pinetops has already been established with the granting of application 20071342. 5.6 The development would result in the loss of a small number of trees within the existing rear garden of ‘Pinetops’. These trees are not, however, worthy of a Tree Preservation Order. The development would accord with Local Plan Policies NE33 and NE34. Impact on residential amenity 5.7 Local Plan Policy H32 sets out the general principles with regard to new residential development, setting out the standards to be achieved in terms of garden depths and separation distances to ensure that developments provide facilities, amenities and a pleasant environment in which to live. 5.8 The occupants of Overdale are concerned that the proposed amendments to the approved annexe building would make the building far more obtrusive in terms of impact on amenity than the approved building. It is therefore important to establish whether the proposed amendments would result in a level of amenity below that which is considered acceptable. 5.9 As was the case with the approved scheme, there would be a distance of 28 metres between the north elevation of the proposed ancillary building and ‘Overdale’. Extant planning permission exists for a two storey and single storey rear extension at ‘Overdale’. This would result in the distance between the proposed ancillary building and ‘Overdale’ being reduced from 28 metres to 21.5 metres. This would accord with Local Plan Policy H32 which specifies a minimum distance of 21 metres between new two storey dwellings. Also the majority of the rear extension would be single storey and there would be a distance of 24 metres between the proposed building and the two storey element of ‘Overdale’. The proposed building, which is single storey only, would be located 9 metres
from the boundary with ‘Overdale’. The eaves height of the building is 2.3 metres. The boundary fence between the proposed building and ‘Overdale’ is approximately 2 metres high. The ridge would be sited 13 metres from the adjoining boundary. Whilst it is acknowledged that the current scheme proposes to increase the floor area of the building by 13 square metres and to increase the ridge height of the building by 0.45 metres, it is not considered that any loss of outlook caused by the proposed height and size increase would be sufficient to warrant the withholding of planning permission. The ground floor windows proposed in the north elevation of the proposed building would be screened by an existing boundary fence and a condition would be attached requiring the boundary treatment to be maintained thereafter. This would protect the amenities of both sets of occupants. 5.10 As the outbuilding would provide additional accommodation to serve the occupants of ‘Pinetops’, a separate garden area is not necessary in this instance as the occupants of this building are able to use the existing rear garden belonging to ‘Pinetops’. A suitable condition would ensure that the building could not be lived in as a separate unit from the main house. 5.11 For the above reasons, it is considered that the development would accord with Local Plan Policies GD2 and H32. Access and parking 5.12 Local Plan Policies GD4 and GD6 set out criteria for ensuring that developments create a safe access to the site and to the classified road network, do not create levels of traffic which would exceed the capacity of the existing road network and do give consideration to the level of parking to be provided. 5.13 The existing access into the site would be used. There is adequate space within the site to allow for any additional parking required. The proposal does not pose a threat to other road users. The Highway Authority has raised no objection to the scheme subject to the imposition of a condition relating to parking and to a condition preventing the annexe building from being lived in as a separate unit from the main house. Subject to the conditions recommended by the Highway Authority the development would accord with Local Plan Policies GD4 and GD6. 6. Summary 6.1 Conditional planning permission was granted for a detached annexe building on this site in February 2008. This permission has not been implemented. However there have been no relevant material changes in planning policies since that time and therefore the principle of the development has been established. 6.2 As was the case with the approved scheme, the design of the building and use of materials is in keeping with the character of the site and is considered acceptable for its location. The building would be located to the rear of the plot and would have no impact upon the character of the existing streetscape. It is acknowledged that the proposed building would be located beyond the existing rear building line of the majority of the dwellings on this part of Main Street, however, there are a number of existing detached outbuildings and farm buildings located to the south of South Side Farm and to the south
east of Orchard House and the proposed building would not project beyond the building line of these existing outbuildings. The proposal would accord with Core Strategy Policy BE1 and Local Plan Policy GD2. 6.3 The trees which would be removed are not worthy of a Tree Preservation Order. The development would accord with Local Plan Policies NE33 and NE34. 6.4 Once the recently approved extension has been constructed at Overdale there would be a distance of 21.5 metres between the north elevation of the proposed single storey building and the rear elevation of Overdale. This would accord with Local Plan Policy H32 which specifies a minimum of 21 metres between new two storey dwellings. Also the majority of the rear extension at Overdale would be single storey and there would be a distance of 24 metres between the proposed annexe and the two storey element of Overdale. Whilst it is acknowledged that the current scheme proposes to increase the floor area of the building by 13 square metres and to increase the ridge height of the building by 0.45 metres, it is not considered that any loss of outlook caused by the proposed height and size increase would be sufficient to warrant the withholding of planning permission. Furthermore the building is single storey only and the ground floor windows proposed in the north elevation of the building would be screened by an existing boundary fence. 6.5 As the ancillary building would provide additional accommodation for the occupants of Pinetops, a separate garden area is not necessary in this instance. 6.6 The existing access into the site would be used. There is adequate space within the site to allow for the parking of additional vehicles. The Highway Authority has raised no objection. The development would accord with Local Plan Policies GD4 and GD6.
RECOMMENDATION
Grant conditional permission
1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To ensure that the development is commenced within a reasonable period of time from the date of the permission. 2 The development hereby permitted shall not be carried out other than in complete accordance with the approved plans, unless otherwise agreed in writing by the Local Planning Authority. Reason: To enable control to be exercised over the development as it proceeds. 3 The existing boundary fence to the north of the building hereby approved shall be maintained thereafter at a height of no less than 2 metres.
Reason: In the interests of the amenity of neighbouring properties. In accordance with Core Strategy Policy GD1 and Local Plan Policies GD2 and H32 4 The building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Pinetops. The accommodation created by this development shall not be used as a separate dwelling unit. Reason: To avoid the creation of a separate dwelling and in the interests of amenity and highway safety. In accordance with Local Plan Policies GD4, GD2 and H32. 5 The building shall be constructed with the external walls of natural stone and the roof of natural or reconstituted slate. Reason: In the interests of the appearance of the area. In accordance with Core Strategy Policy BE1 and Local Plan Policies GD2 and H32. 6 The stone to be used on the exterior of the building shall be laid with its natural quarry bed horizontal, with mortar of a colour to match the natural colour of the stone and with flush or very slightly recessed joints. Reason: In the interests of the appearance of the area. In accordance with Core Strategy Policy BE1 and Local Plan Policies GD2 and H32. 7 The area allocated for parking on the submitted plan shall not be used other than for the parking of vehicles in connection with the development hereby permitted. Reason: To ensure that there is adequate space within the site for the parking of vehicles clear of the highway. In accordance with Local Plan Policy GD4. 8 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any Order revoking or re-enacting that Order), no new openings shall be inserted into the north elevation of the detached building hereby approved without the prior permission of the Local Planning Authority. Reason: In the interests of amenity. In accordance with Policies GD2 and H32 of the Tynedale District Local Plan.
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