Development Control Committee 14 April, 2016 WD/D/15/ ITEM NUMBER 04

Transcription

1 Development Control Committee 14 April, 2016 WD/D/15/ ITEM NUMBER 04 Application Number: WD/D/15/ Full Registration Date: 23 September, 2015 Application Site: SHUTTERS, CLAPPENTAIL LANE, LYME REGIS, DT7 3LZ Proposal: Demolition of existing detached residential property and construction of new replacement detached house, including minor alterations to upgrade the existing garage outbuilding. Applicant: Ms K Durham Diggins Ward Members: Cllr G Symonds, Cllr D Turner Case Officer: Charlotte Haines 1. Summary Recommendation 1.1 Approve subject to conditions 2. Description of development 2.1 The application site is a two storey 1950s detached dwelling house constructed of white rendered walls under a slate hipped roof situated on a large corner plot. The application site is located within the north western suburbs of Lyme Regis. This hillside location provides wide views of the coastline to the south east. The ground levels within the site slope from the west boundary down towards the east boundary where a detached garage is positioned. The surrounding area comprises traditional relatively large two storey dwelling houses of a variety of designs that are well spaced apart. 2.2 The dwelling house is situated close to the southern shared boundary with Halstock Lodge. The south facing elevation near to this boundary formed the rear end of the house where there is only one first floor window which serves a bathroom. A front porch is positioned on the northern elevation facing towards Clappentail Lane. The front entrance door is located on the side eastern side of this porch which faces onto the driveway. Consequently, the orientation of the front door entrance and position of the driveway results in the eastern part of the plot forming the front garden. The western section of the plot is the rear garden. The site is bordered by a mix of box hedging and 2 metre high timber fences. 2.3 The site access is to the north east from Clappentail Lane and the driveway spans this frontage between the dwelling house and a detached garage. The detached garage is located within the south east corner of the site, is double width and has a low dual pitched roof.

2 2.4 The application site is within a DDB, Dorset AONB. The site is covered by a TPO; however, no trees are affected by the proposed development. 2.5 The proposal is to construct a replacement detached house following demolition of the existing detached house. The dwelling house will be sited in approximately the same position as the existing house. The northern elevation of the proposed dwelling is in line with existing porch maintaining a similar set back from Clappentail Lane. However, the proposed dwelling house is wider than the existing with both the west elevation and east elevations extending into the garden space on either side by approximately 2.5 metres and 3.3 metres respectively. The existing footprint (not including the porch) measures approximately 56 squared metres. The proposed footprint of the dwelling house measures approximately 130 squared metres. However, the roof covering measures a reduced area of approximately 86.2 squared metres. As part of this redevelopment of the site, minor alterations are proposed to the existing detached garage including a new sedum mono pitched roof with a raised ridge. The existing access and boundary treatments are to remain unchanged. 2.6 The proposed dwelling house will have three storeys with the upper storey accommodated within the roof space. The existing dwelling house has a ridge height of 7.5 metres (with the chimney above) and an eaves height of and metres at the eastern end. The proposed dwelling house will have a gable roof with a ridge height ranging from metres and an eaves height at the eastern end metres. The bedrooms are arranged on the ground floor with an open floor living accommodation on the third floor. The replacement dwelling house will be constructed of a mix of rendered and timber clad walls under a slate gable roof with PPC aluminium barge board. The roofing material wraps over the eaves of the northern and southern elevations continuing down the upper part of the walls. 2.7 The northern elevation will comprise a single storey canopy over a west facing entrance door and a glazed structure above containing the first floor lobby area. The western end of the plot will remain the private rear garden. The western gable end will face onto this private rear garden with a set of ground floor bi fold doors, a set of two windows on either at first floor and a single window feature fitting into the upper part of the gable at third floor. 2.8 The eastern gable end is more extensively glazed with a terraced element and full length windows to provide views over the front garden and sea beyond. The main slate roof will overhang the eastern gable end with the third floor windows recessed back behind. A single storey flat roof extension will project from the north end of the eastern gable. The flat roof will form a first floor terrace. A two storey flat roof extension is also proposed to project from the southern end of east gable which will be covered by a sedum roof. Both extensions will projects from the east elevation of the dwelling house by 4.7 metres of which 3 metres is beyond the overhanging roof. 2.9 The southern elevation nearest to the shared boundary with Halstock Lodge will continue to form the rear end of the dwelling house where the kitchen and bathrooms are situated. As such this elevation presents a relatively blank wall with fewer windows. Where there are windows, these are proposed to be obscure.

3 2.10 The proposed development has been amended following extensive pre application discussions. The main changes are a reduction in the overall height of the dwelling, the omission of a third storey terrace accessed from the attic level and the addition of numerous screening measures and obscure glazing to address potential overlooking issues. 3. Main planning issues Principle of development Affordable Housing Impact on AONB Impact on visual amenity of the dwelling and Street scene Impact on residential amenity Impact on Land Stability Impact on Highway Safety 4. Statutory Consultations Parish/Town Council 4.1 OBJECTION for the following reasons:- 1. The property is not sympathetic in scale, mass or bulk to neighbouring dwellings; 2. has an overbearing impact on neighbouring properties; 3. has a detrimental impact on residential amenities to neighbouring properties and; 4. is significantly higher than the existing roof line. 5. The committee also have concerns on the character of the dwelling and the impact on the street scene and views towards the coast from a main gateway into Lyme Regis. Highway Authority 4.2 NO OBJECTION, subject to the following condition :- The development hereby permitted shall not be occupied until the parking and turning areas shown on the application drawings has been constructed. Thereafter, these areas shall be maintained, kept free from obstruction and available for the purposes specified. Reason: In the interests of road safety. 5. Other consultations 5.1 Technical Services: The site location is relatively stable and the scale of the new property appears to be similar to the existing, so in terms of slope instability the impact is likely to be negligible and therefore I do not see the requirement for a geotechnical appraisal. It's important that all drainage is via a piped system and not to a soakaway. This reduces the chance of reactivating landslides that may have occurred a long time in the past.

4 6. Other representations 6.1 Two letters of objection have been received from the residents of the properties to the south east of the site at Roseveare and Seaward. The main planning related concerns include:- When viewed from Roseveare, the proposed development appears much higher than the existing house due to the additional storey and the footprint of the house has moved forward by approximately three metres in the direction of this neighbouring property. Should be two storeys as originally intended. Dwelling should be designed to be kept in proportion with the surrounding properties and site. Loss of privacy due to overlooking from the upper two floors which are to be used for living accommodation into rears of these properties. Should planning permission be granted, we would ask that a condition be imposed such that the flat roof in front of the proposed third floor could never be used as a balcony. 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 West Dorset, Weymouth and Portland Local Plan (Adopted 2015) INT1 Presumption in favour of development SUS2 Distribution of development ENV1 Landscape, seascape and sites of geological interest ENV7 Coastal Erosion and Land Instability ENV10 The Landscape and Townscape Setting ENV12 The design and positioning of buildings ENV13 Achieving high levels of environmental performance ENV15 Efficient & appropriate use of land ENV16 Amenity COM7 Creating a Safe and Efficient Transport Network COM9 Parking Standards 10. Supplementary planning documents 10.1 Design and Sustainable Development Planning Guidelines (adopted 2009) Policy (a) Work in harmony with the site and its surroundings Policy (h) Maintain and enhance local character Policy (i) Create high quality architecture

5 11. Supplementary planning guidance 11.1 Not applicable. 12. Other Material Planning Considerations 12.1 National Planning Policy Framework (NPPF) Section 6 Delivering a wide choice of high quality homes Section 7 Design The NPPF states; 186. 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 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. 13. Planning issues 13.1 Principle of development: The site is within the defined development boundary and the principle of replacing existing properties is acceptable subject to other considerations such as design, amenity and landscape Affordable Housing: The proposal is to replace the existing dwelling house which is exempt from affordable housing contributions within adopted policy HOUS Impact on AONB: The site is within the AONB and Heritage Coast; however the existing dwelling forms part of the existing townscape within the built up area on the edge of the town. The replacement property would have a contemporary appearance and would be significantly different to the existing dwelling. However, the surrounding area has a particularly mixed character as does the majority of Lyme Regis. As such the proposed contemporary design is not considered to be so out of keeping with the character of the area as to have a significant adverse impact on the character and quality of the wider landscape Impact on the visual amenity of the site and street scene: It is noted that concerns were raised regarding the scale, mass and bulk of replacement dwelling in relation to the surrounding area. The gable roof of the replacement dwelling will have a greater height and bulk compared to the existing hipped dwelling house. Furthermore, the replacement dwelling will have a slightly larger footprint However, the plot is relatively large and will have a large front garden that is 19 metres deep to the west and rear garden to the east that is 26 metres deep where the existing driveway and detached garage is sited. The replacement dwelling house will be higher than the existing and of a larger mass. There is not a significant change to the existing layout and a spacious setting will remain. Given the spacious nature of the site and surrounding area, it is not considered that the replacement dwelling will be over-development.

6 13.6 The larger replacement dwelling will be similar in size to other properties within the surrounding area. Therefore, it is considered that the proposal relates well to surrounding development within the townscape. In terms of the increased ridge height, the proposed replacement dwelling will have a 2 storey appearance with the third storey within the roof The existing dwelling at Shutters is mostly viewed in relation to Halstock Lodge as a comprehensive street scene from Morgans Grave. The ridge level of Halstock Lodge is metres above the ridge level of the existing property at Shutters. The ridge level of Halstock Lodge would be metres above the ridge level of the replacement property at Shutters. The properties will therefore be of a similar height The existing dwelling is visible within the gaps between the properties which front onto Upper Westhill Road. Firstly, the dwelling is located within the gap between Halstock Lodge and L'Horizon at a distance of 45 metres away from Upper Westhill Road. The ridge level of L'Horizon is metres above the ridge level of thee existing dwelling. The ridge level of L'Horizon would be metres below the ridge level of the replacement property at Shutters. However, the existing ridge level of Halstock Lodge is 0.9 metres above the ridge level of L'Horizon which is similar to the difference with the replacement dwelling. Furthermore, the increased height and mass of the replacement dwelling will not appear particularly prominent due to the set back from Upper Westhill Road of 45 metres The upper part of the existing dwelling at Shutters is visible within the gap between L'Horizon and Roseveare. The existing ridge level of the existing dwelling is metres above the ridge level of Roseveare. This is because Roseveare is positioned on lower ground to that of the application site. The proposed ridge level of the replacement dwelling is metres above the ridge level of Roseveare. The existing ridge level of L'Horizon is metres above the ridge level of Roseveare. The replacement dwelling will therefore be a further metres higher but as it is further up the hillside at a distance of 60 metres, it is not considered that this will be particularly prominent within the street scene. The increased height of the replacement dwelling will reflect the stepping heights of the properties on this hillside The dwellinghouse at Shutters is viewed further up the hillside at a distance of 60 metres from this part of Upper Westhill Road and given this set back, the increased height will not appear particularly noticeable and will not have a detrimental effect on the street scene The replacement dwelling is similar in size to many of its neighbours and it stands towards the top of a hill. The higher roof height and greater width would be seen in longer views from lower ground. The differences in height would not be so great as to look out of place, as other nearby dwelling houses stand at varying heights and, from some viewpoints, the roof would be seen in the context of other roofs of similar heights The existing dwelling is on higher ground with Clappentail Lane having an upward slope from the east. The replacement dwelling will only be marginally closer to the northern boundary fronting onto Clappentail Lane. Due to a similar set back remaining, it is not considered that the increased scale of the replacement dwelling will be particularly noticeable within the street scene.

7 13.13 The application is set back from Sidmouth Road behind Morgans Grave and is on lower ground. Therefore, it is not considered that the replacement dwelling will appear particularly prominent within views of the coast from Sidmouth Road, the main thoroughfare into Lyme Regis from the west. Clappentail Lane is a narrow lane that directs traffic to the suburban parts of Lyme Regis and is not used as a main access route into the town The replacement property would have a contemporary appearance and would be significantly different to the existing dwelling. However, the surrounding area has a particularly mixed character as does the majority of Lyme Regis. As such the proposed contemporary design is not considered to be so out of keeping with the character of the area as to have a significant adverse impact on the amenity of the area. The proposed materials are similar to that of the existing but will be applied to a contemporary design. The wrap around roof takes reference from Halstock Lodge which has hanging tiles on the upper parts of its elevations The proposed changes to the existing detached garage will relate well to the replacement dwelling Impact on residential amenity: It is acknowledged that concerns were raised by both the town council and the neighbours at Roseveare and Seaward which are considered below The existing house is sited closer to Halstock Lodge with a gap of 10 metres between the two properties. The replacement dwelling will be in the same position as the existing dwelling house and so this gap will remain. Whilst close to the side boundary with this property, it is not considered that the increase scale and mass of the replacement dwelling will have a significant overbearing impact on this neighbour. Firstly, the proposed replacement dwelling will only bring the house closer to the west boundary by 2.8 metres and a gap of 19.2 metres remains which will form the rear garden. Secondly, the increased height of the dwelling house is not significant and will be only marginally greater than that of Halstock Lodge due to the ground within the application site being lower down The immediate rears of the properties known as L Horizon, Rosevere and Seward are situated at greater distances from the existing dwelling house of 22 metres, 40 metres and 50 metres respectively. The dwelling house is closest to the rear boundary of the property of L Horizon which itself has a large garden of which its rear elevation is angled away from the application site. The dwelling house is set away from the rear boundary of Roseveare by 20 metres. Roseveare has a rear garden that is 20 metres deep The increased width of the dwelling house will bring it closer to the properties fronting onto Upper Westhill Road by approximately 3.5 metres. Whilst acknowledged that these properties are sited on lower ground, it is not considered that the increase in the height and mass of the replacement dwelling will have a significant overbearing impact on these properties as the surrounding properties are located at some distance from the application site.

8 13.20 The replacement dwelling is positioned to the north of the immediate neighbouring properties and as such will not result in a loss of sunlight. The replacement dwelling is a significant distance away from any habitable rooms and immediate external amenity spaces of the neighbouring properties and as such will not result in a significant loss of daylight The east elevation will have a set of first floor full length windows which face onto the remainder of the front garden and driveway. A projecting vertical hardwood louvre screen of 0.5 metres will restrict any oblique views towards the rear garden of the nearest property to the south (L Horizon). Any views from the first floor terrace towards the rear garden of L Horizon will be obscured by the two storey flat roof element immediately to the south Due to the sloping eaves, the only window is within the centre of the upper part of this gable. However, the window is set back behind an overhanging roof. As such if an individual were to stand close to this window any oblique views towards the rear garden of L Horizon will be restricted Whilst acknowledged that the there will be some increased views due to the higher position of the windows, it is not considered that there will not be any harmful overlooking subject to the above screening. Any distant views from both the first floor terrace and second floor windows towards the rears of Roseveare and Seaward will be oblique. Given that the immediate rears of these properties are between metres away from the east elevation of the replacement dwelling, it is not considered that there will be an intrusive level of overlooking and will not result in loss of privacy to these properties The proposed screening will reduce the level of overlooking from that which currently exists from the first floor windows of the existing dwelling towards the rear gardens of the nearest properties The proposed raising of the roof pitch of the detached garage is not significant. Therefore, the proposed changes to the detached garage will not have a significant overbearing impact on neighbours Impact on Land Stability: There will be some excavation required to dig the dwelling in to the ground; however, the site is not within an instability zone. Technical services had no concerns as it would not be significantly greater in size than the existing dwelling house Impact on Highway Safety: There are no proposed changes to the access and parking arrangements from the existing development. The existing entrance, driveway and manoeuvring space is to be retained provided along with the existing detached garage. The Local Highway Authority has raised no objections. 14. Summary 14.1 The proposed scheme is considered to be acceptable in terms of visual and residential amenity, it is not considered to have an adverse impact on the landscape qualities of the AONB and Heritage Coast nor will it have an adverse impact on land stability and highway safety.

9 15. Recommendation 15.1 Approve i. Plan list ii. iii. Standard 3 year time limit. The external materials and their colour shall be as shown on the approved plan, or as may have been agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory visual appearance of the development. iv. Prior to occupation of the development, the first floor window and high level windows on the ground floor shown on the hereby approved south elevation shall be obscure glazing to a minimum obscurity level 3 and retained as such thereafter. Reason: In the interests of residential amenity. v. Prior to occupation of the development, the sedum flat roof and projecting vertical hardwood louvre screen at first floor on the east elevation and as shown on the approved plans, shall be provided and retained as such thereafter. Reason: To protect the amenity and privacy of the adjoining residential properties. vi. The development hereby permitted shall not be occupied until the parking and turning areas shown on the application drawings has been constructed. Thereafter, these areas shall be maintained, kept free from obstruction and available for the purposes specified. Reason: In the interests of road safety.