Development Control Committee 14 April, 2016 WD/D/15/ ITEM NUMBER 03. Proposal: Erection of 2no. dwellings in grounds of existing house

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1 Development Control Committee 14 April, 2016 WD/D/15/ ITEM NUMBER 03 Application Number: WD/D/15/ Outline Registration Date: 19 October, 2015 Application Site: 10 WINTERS LANE, PORTESHAM, WEYMOUTH, DT3 4ES Proposal: Erection of 2no. dwellings in grounds of existing house Applicant: Mr & Mrs Smith Ward Members: Cllr T Bartlett, Cllr I Gardner, Cllr J Dunseith Case Officer: Robert Burden Development Control Committee 14 April, 2016 WD/D/15/ ITEM NUMBER Application Number: WD/D/15/ Outline Registration Date: 19 October, 2015 Application Site: 10 WINTERS LANE, PORTESHAM, WEYMOUTH, DT3 4ES Proposal: Erection of 2no. dwellings in grounds of existing house Applicant: Mr & Mrs Smith Ward Members: Cllr T Bartlett, Cllr I Gardner, Cllr J Dunseith Case Officer: Robert Burden 1. Summary Recommendation 1.1 Delegate approval to the Head of Planning subject to the conditions listed below and a unilateral undertaking to secure the required affordable housing contribution. 2. Description of development 2.1 The site relates to the garden area of an imposing two storey brick house of some character under a tiled roof. It occupies an elevated position on the eastern side of the site. An existing vehicular access serves the site, running uphill from Winters Lane running parallel with the eastern boundary of 9a Winters Lane.

2 2.2 From the existing house the land slopes away markedly to the west, with grassed lawns, shrubs and a number of mature trees. The site boundaries are generally well vegetated. 2.3 The south boundary of the site adjoins the gardens of 3 detached dwellings fronting Winters Lane. These are mainly of Bradstone walling. The boundary with the site is formed by a 1.8m high fence. A chain link fence adjoins the west boundary near to 7 and 8 Winters Lane, and to the north of the site is open agricultural grazing land. A public footpath runs across this field from Front Street. To the east of the site is open, elevated grazing land which rises up-slope to a hill summit. 2.4 This scheme is submitted in outline and seeks approval for the principle of two dwellings within the garden of the dwelling with all matters reserved. The plans submitted are illustrative only, but do provide an indication of how two dwellings might be accommodated on the site. 3. Main planning issues Residential development within defined development boundary Effect on Area of Outstanding Natural Beauty Residential amenity. Effect on trees. Effect on character and appearance of conservation area. Affordable housing contribution Highway safety issue. 4. Statutory Consultations Parish/Town Council 4.1 Chesil Bank Parish Council OBJECTS to this application:- The original plot has already been developed. The proposal for two dwellings in a residential garden would in our view constitute inappropriate and unnecessary crowding on a garden site as well as an intrusion into the AONB. There is a high surface water run off in this area and another 2 dwellings would exacerbate the situation. Tree preservation in the village is vital to retain the rural character of the area many of the existing trees are important local landmarks. The Parish Council believes that if this application were granted then an extremely dangerous precedent would be set, which would fail to give the necessary weight to conserving the landscape and scenic beauty of the AONB Highway Authority 4.2 No objection - subject to parking/turning condition 5. Other consultations 5.1 Internal consultee responses are within the report.

3 6. Other representations letters of objection. The main planning-related points include- -detrimental to the landscape and AONB, -loss of privacy and overlooking, -close proximity of buildings, -inadequate access- surface and width of driveway limited, -distance of dwellings from lane too far for refuse/bin collection,-flood-riskincreased risk of surface water affecting neighbouring property and limited capacity of Winters lane culvert, -highway issues- inadequate junction and access for construction traffic; danger for road users, -domestic waste bins by access visually detrimental. Copies of the letters of representation are available to view on the website Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property 8. Relevant Planning History App. No Type Proposal Decision Date Officer None 9. The Development Plan The West Dorset, Weymouth and Portland Local Plan (adopted October 2015)) INT1 Presumption in favour of sustainable development ENV1 Landscape, seascape and sites of geological interest ENV4 Heritage assets ENV5 Flood risk ENV11 Pattern of streets and spaces. ENV12 The design and positioning of buildings ENV15 Efficient and appropriate use of land ENV16 Amenity SUS2 Distribution of development HOUS1 Affordable housing COM7 Creating a safe and efficient transport network 10. Supplementary planning documents 10.1 Design and sustainable Development Guidelines design policy H 11. Supplementary planning guidance 11.1 N/A

4 12. Other Material Planning Considerations 12.1 National Planning Policy Framework (NPPF) Sections 3, 4, 6, 7, 8 and 11 and 12. Para 56 - The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Para 57 - It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Decision taking: Para Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground. Para Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area 12.2 Conservation Area Appraisal-(extracts from) "Winters Lane - runs offjust to the north of and opposite the Parish Church, to Friar Waddon and upwey. It has a short ribbon of development, particularly on its northern side and an access to the Primary School to the south." "Mature trees are evident throughout the conservation area,.. on Winters Lane. " 13. Planning issues Residential development within defined development boundary 13.1 The site lies within the defined development boundary of the village where planning policy is supportive of new residential development subject to other material planning considerations. It is also within the conservation area and Area of Outstanding Natural Beauty (AONB) The application is submitted in outline with all matters reserved. The applicant has, however, provided extensive illustrative material to show how two dwellings might be accommodated on the site The village has a good range of services and facilities including a primary school, village hall/post office, doctors surgery, church and public house. There is also a bus service. Development in this village is considered to be sustainable and as such potentially acceptable subject to other material considerations From an economic perspective, this development would make a positive contribution to the economy during the construction of the development and additional households would further support the local economy.

5 13.5 From a social perspective the proposal has the potential to contribute to supporting community facilities in the village. The affordable housing financial contribution would be of value towards this objective. As such the scheme would meet social objectives From an environmental perspective the site is within the Dorset AONB and within the conservation area. However, the site is relatively well contained within an area of built development, reinforced by the presence of mature trees or vegetation to the majority of the boundaries The site is a relatively generous sized garden with notable spaces, fringed by trees, to the south-west and north of the existing dwelling. The land slopes away by about 6m to the west boundary. The scheme does provide an opportunity to add a further two dwellings in a sustainable location and which would be consistent with the efficient use of land policy ENV 15. It is also an opportunity to add, albeit in a modest way to the Councils 5 year housing land supply In visual terms the site demonstrates a relatively high degree of containment due to a combination of the sloping site to the rear of dwellings fronting Winters Lane, and the presence of a number of mature trees near the boundaries of the site. The illustrative scheme suggests one 2 bedroom and one 3 bedroom detached cottage design Two trees are shown for removal on the submitted plans (T14 - Norway maple in the middle of the existing turning head and T17 copper beech in the location of a suggested garage). The Senior Tree Officer has inspected the site and reviewed the applicants arborists report. He comments as follows- I wonder if the assessment of T17 rather down-grades the tree in making it a C category specimen under the BS. I note that the arboricultural report suggests that there are signs of senescence in the canopy: minor die-back to tips and upper crown a little sparse, but whilst I accept these characteristics would tend to indicate a root system not functioning at optimum levels, they don t sound, on the face of it, significant in extent. I note the presence of a young Fomes fomentarius bracket (a white-rot fungi) on the base of the tree, which may be the cause of the incipient canopy symptoms described. Whether or not this tree should be regarded as a significant constraint upon development rests then, on it s life-expectancy. Although I haven t had the benefit of seeing the tree in leaf, my own feeling is that it could have another 20 years of life. I would suggest retaining the tree and omitting the garage in favour of an open car park area using a cellular confinement system. It might be possible to construct a lightweight canopy over the area. I m also concerned about the juxtaposition of plot 2 with the group of pines and other conifers to it s south west. These are tall evergreen specimens and matters of shade and dominance would be problematic. Perhaps thought could be given to switching the position of dwelling and garage, in order to bring the house out from underneath these trees?

6 13.10 It should be remembered that this application is submitted in outline with all matters reserved. As such, the final positioning of the dwellings and garaging are reserved for later approval. However, we do need to assess the available spaces in terms of the principle of their suitability for two dwellings. Having discussed the site with the Tree officer, the case officer is satisfied there is sufficient space for two modest sized dwellings. If expedient, the copper beech could be retained by deleting the (illustrative) garage from any detailed scheme. In principle, the tree officer is satisfied that dwellings can be accommodated without undue shading from the trees. Effect on Visual Amenity The illustrative scheme demonstrates that it is possible to accommodate two dwellings on the site having regard to general siting, design and mass. The scheme could be adjusted in detailed form at reserved matters stage to satisfactorily respect the character of the conservation area - including the relationship with trees to be retained. It is considered that it would have an acceptable effect on the AONB. Effect on Residential Amenity The existing dwelling looks out over the garden area to the west. However, the combination of a relatively generous size of garden, coupled with levels differences (about 4m lower than No 10) potential for additional dwellings to be sited and designed so as to be acceptable in this respect. There is scope for two dwellings to be laid out in such a way as to avoid unacceptable overlooking. Whilst there are existing dwellings to the south and west of the site, the relationship with these would not be an issue in residential amenity terms A number of comments have been made regarding potential for surface water to be an issue in relation to neighbouring properties. This issue can be dealt with by attaching a planning condition requiring details of surface water drainage if the application is approved. Affordable Housing This scheme requires an affordable housing financial contribution under Policy HOUS 1. This is currently being progressed with the Councils Legal Section to produce the necessary unilateral undertaking. Highway impact The site would be accessed from the existing gravelled driveway access from Winters Lane. There is scope to provide on-site vehicle turning and parking. Comments have been received regarding concerns over traffic generation, including during the construction phase. However, it is not considered that the scheme would result in unacceptable highway related problems from this source. Furthermore, the Highway Authority have been consulted and raise no objection subject to a parking and turning condition Comments have been raised over the distance from the lane that recycling bins would need to be wheeled. However, this would not be much different from the existing situation in respect of the existing dwelling Whilst the Parish Council objection includes concern on the grounds of overdevelopment and precedent it is considered that the scheme would not amount to an overdevelopment as dicusseed above, and that it would not set an undesirable precedent as each site is considered on its merits.

7 14. Summary 14.1 This application demonstrates that the principle of two dwellings can be accommodated within this site. The siting and design of two dwellings could preserve the character of the conservation area, respect the visual amenity of the Area of Outstanding Natural Beauty, and retain most of the trees within the site. The scheme would be acceptable in residential amenity terms. It would result in an appropriate financial contribution regarding affordable housing. The scheme would be acceptable in highway safety terms. Hence the proposals are considered in accordance with policies INT1, ENV4, ENV5, ENV11, ENV12, ENV15, ENV16, SUS2, HOUS1 and COM7 of the West Dorset, Weymouth and Portland Local Plan 2015, and Sections 3, 4, 6, 7, and 12 of the National Planning Policy Framework Recommendation 15.1 Delegate approval to the Head of Planning subject to the following conditions and to a unilateral undertaking to secure the affordable housing contribution. i Approval of the details of the layout, scale and appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called the Reserved Matters) shall be obtained from the Local Planning Authority in writing before any development is commenced. REASON: To ensure the satisfactory development of the site. ii Application for approval of any 'reserved matter' must be made not later than the expiration of three years beginning with the date of this permission. REASON: This condition is required to be imposed by Section 92 of the Town and Country Planning Act iii The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. REASON: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended). iv No development shall be commenced until a detailed surface water drainage scheme shall first have been submitted to and approved in writing by the local planning authority. No dwelling hereby approved shall be first occupied until the approved drainage scheme has been installed and is operative. REASON;To ensure satisfactory surface water drainage of the site.

8 v No dwelling shall be first occupied until parking and turning areas for the development shall first have been laid out in accordance with details which shall first have been submitted to and agreed in writing by the local planning authority. Such parking areas as are approved shall be retained thereafter. REASON: In the interests of highway safety. vi No development shall commence until details of the finished floor level(s) of the building(s) hereby approved have been submitted to and approved in writing by the Local Planning Authority. Such levels shall be relative to an ordnance datum or such other fixed feature as may be agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON; In the interests of visual amenity.

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