Planning and Listed Building Consent Applications for the retention of a fence, to part of the perimeter to Gayton Hall, Gayton, Wirral.

Transcription

1 Planning and Listed Building Consent Applications for the retention of a fence, to part of the perimeter to Gayton Hall, Gayton, Wirral. Planning, Design and Access Statement August 2009 Taylor Young / Gayton_Hall/August2009

2 Contents 1. Introduction Background Policy Context Development Proposal Summary and Conclusion List of Figures Figure 1. Site Location Figure 2. Fence Location Plan Figure 3 Photographs of the Proposal Figure 4 Correspondence from the Police Architectural Liaison Officer Figure 5 Street Scene Elevations Taylor Young / Gayton_Hall/August 2009

3 Document no: 4899_rev.1 Taylor Young Compiled by: RP Vanilla Factory Approved by: MC 39 Fleet Street Date: August_2009 Liverpool L1 4AR Tel: Fax: E mail: urban@tayloryoung.co.uk Taylor Young / Gayton_Hall/August2009

4 1. Introduction 1.1 This Planning, Design and Access Statement supports planning and listed building consent applications for the retention of a fence at Gayton Hall, Gayton, Wirral, as illustrated in figure 1. A listed building application is required because Gayton Hall is a Grade II* listed building and Wirral Council has advised that the submission of such an application is necessary alongside an application for planning permission: in view of the height that the fence extends above ground and controls present in the area (under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 which withdraw certain Permitted Development rights. 1.2 The vertical panelled timber fence is located along a 61m length of Gayton Hall s perimeter and is situated flush to an existing boundary/retaining wall, between the existing wall and hedge as demonstrated in figures 2 and 3. The fence ranges in height, from 1 to 2m above the top of the existing wall and is taller where the relative ground levels mean that wall is lower in height for example adjacent to the Gayton Woods access off Gayton Farm Road. The precise details of the fence s arrangement are indicated on plans that accompany the application. 1.3 The fence provides an essential and necessary security measure, to ensure the safety of the applicant and his family. The erection of a fence, which is the subject of these applications, was recommended by the local Police Architectural Liaison Officer, (a copy of this is located at figure 4), following a serious armed robbery at the house where the applicant was attacked in the early evening and he and his family were tied up and his wife and young children were physically threatened, which has resulted in considerable trauma for all concerned with one of the children needing specialist psychiatric support 1.4 This Statement explains the context of the site, as well as outlining relevant local planning policy and design considerations alongside other material planning considerations. 4 Taylor Young / Gayton_Hall/August 2009

5 Figure 1 Location Plan Figure 2 Location of fencing Taylor Young / Gayton_Hall/August2009

6 Image 1 Existing boundary wall along Gayton Farm Road, shown in relation to application fencing, Images 2 & 3 Fencing along Gayton Farm Road, existing established hedge to the rear higher than the application fence. Images 4, 5 & 6 - Fencing adjacent to private access to Gayton Woods 6 Taylor Young / Gayton_Hall/August 2009

7 Image 7 - Height of wall preceding fencing along Gayton Farm Road 4.25m in height. Height of fencing and stone wall in contrast is 3.5m in height. Image 8 Private access to Gayton Woods, land directly opposite the fencing in the ownership of the Applicant. Image 9 Example of similar fencing on Gayton Farm Road Image 10 Precedent for fencing in the area. Fencing detailed is in a more visually prominent location than that applied for by the applicant Taylor Young / Gayton_Hall/August2009 Image 11 Gayton Farm Road, the application fencing continuing what is already an enclosed lane with existing high walls, hedges and fencing to both sides.

8 Image 12 Further examples of fencing along Gayton Farm Road, opposite the Applicants fencing Image 13 - Details of fencing attachment to boundary wall Figure 3 Photographs of application fencing and other precedent fencing in the area. 8 Taylor Young / Gayton_Hall/August 2009

9 2. Background 2.1 The fence as erected provides necessary and essential security for the applicant and his family following a recent armed robbery. The applicant was advised by the Merseyside Police Architectural Liaison Officer that further measures were required to secure the site. A copy of this is located below at Figure As the demonstrates the fencing installed represents a lesser option of security as advised by the Architectural Liaison Officer, to ensure that it is not incongruous with the setting of the listed building or character of the Conservation Area. 2.3 This was the point that the armed robbers gained entry to Gayton Hall and both the Police and an independent security advisor regarded their area as particularly vulnerable as it is at the end of an unlit, unmade lane belonging to the Council. 2.4 The applicant considered that the installation of the fence, as the very least he could do to provide his family with enough peace of mind to at least remain in their home. It is in keeping in style and height with other fences in the area and in Gayton Farm Road in particular, it is at exactly the same height as the long established hedge which is immediately behind it along its whole length, and is lower than the 4.25 metre brick wall that precedes it down the whole of the length of that boundary. 2.5 The alternatives would have been to use either razor wire or spikes, litter the area with very prominent security warning signs and canvas local residents and media to petition the council to provide conservation style street lighting and better policing in the area (which has recently had a number of such robberies). In contrast, a well constructed timber fence has no capital or ongoing costs to the tax payer, is in keeping with other fences in the Gayton Farm Road, environmentally neutral, will weather and merge into the surroundings over a short period of time, has no negative impact on the property or its surroundings and is more appropriate than any alternatives Figure 4 Correspondence from Police Architectural Liaison Officer Taylor Young / Gayton_Hall/August2009

10 3. Policy Context Determining Planning Applications 3.1 LPA s are further advised in national planning guidance that they must determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. If the Development Plan contains material policies or proposals and there are no other material considerations, the application should be determined in accordance with the Development Plan. Furthermore, where there are other material considerations, the Development Plan should be the starting point, and other material considerations should be taken into account in reaching a decision. Policy Context 3.2 In exercising all of its functions, including that of local planning authority, Wirral Council is required -- through section 17 of the Crime and Disorder Act to have due regard to the likely effect of the exercise of its functions on the need to do all that it reasonably can to prevent crime and disorder in its area. The implications of this are that, in determining the planning application which this statement supports, Wirral Council must consider the likely effect that the development has locally on crime and disorder and this must be given weight in the determination of the planning and listed building applications. 3.3 National Planning Guidance of particular relevance to this proposal includes: Planning Policy Statement (PPG) 1 Delivering Sustainable Development (2005) and Supplementary guidance -- Planning for Climate Change (2007); PPG15 -- Planning & the Historic Environment (1994) 3.4 PPS1 sets out the Government s guidance on sustainable development taking into account the prevention of crime in the quality of design. In particular it states that local authorities should ensure that local design policy creates safe and accessible environments where crime and disorder or fear of crime does not undermine the quality of life or community cohesion. 3.5 Nationally, further guidance concerning planning out crime is given within a good practice guide published in 2004 Safer Places: The Planning System & Crime Prevention. The guidance sets out seven attributes of sustainable communities of relevance to crime prevention and includes: Physical Protection; places that include necessary well designed security features 3.6 The guidance further states that one of the most effective ways to prevent property crime is to make the property itself as secure as possible through target hardening measures. This would include the erection of suitable boundary treatment. 3.7 The guidance encourages the undertaking of pre-application consultation alongside liaison with the Police Architectural Liaison Officer. In this case it was not possible to undertake pre-application consultation due to the urgent necessity to secure the boundary to Gayton Hall following an armed robbery. Waiting for the scheduling and outcome of such discussions would also in the interim have left the property and occupants physically and psychologically vulnerable to further incidents: hence the decision was taken to quickly erect the fence. 3.8 Locally, the statutory development plan, against which proposals for the site in the first instance will be assessed, comprises: the Regional Spatial Strategy for the NW (2008) and the Wirral Unitary Development Plan (adopted February 2000) --the majority of policies within which have been saved with the progression of Wirral Council s Local Development Framework. 10 Taylor Young / Gayton_Hall/August 2009

11 3.9 The policies of the RSS provide general guidance on strategic planning issues in the NW region for the period up to 2021 so they are not specifically applicable to the determination of planning and listed building applications for a minor application which this statement supports. The RSS is primarily intended to promote sustainable patterns of development and physical change. It addresses issues of housing, economy, transport, education and health from a regional and spatial perspective There are a number of policies within the UDP which are relevant to this proposal as well as a supporting Supplementary Planning Guidance Note (Planning Out Crime) Gayton Hall is located within the Gayton Conservation Area and is also within the Green Belt, an area of Special Landscape Value and on the edge of a site of Biological Importance. The area is also subject to a Density and Design Guidelines policy which relates to the development of new dwellings, and not therefore relevant to this proposal. Conservation / Listed Building Issues 3.12 Gayton Hall is a Grade II* listed building. It dates originally from the late C17. The listing status encompasses all buildings and structures within the curtilage of the main house although the listing does not refer in detail to the grounds or boundary enclosures. The applicant is fully aware of Gayton Hall s historic significance and his duties in this regard. Indeed he has undertaken significant work in recent years to sympathetically restore the buildings and grounds which were at considerable risk alongside essential maintenance and repairs and regards the erecting of this fence not just as a means of protecting his family but also protecting the property itself 3.13 Local Authorities are required, by virtue of s66 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, to have special regard in determining applications for planning permission -- to preserving the building and its setting or any features of historic or architectural significance. PPG15 provides guidance on how this duty is to be exercised and sets out (paragraph 3.5 onwards) the general criteria against which listed building applications should be considered Locally, UDP Policy CH1 Development Affecting Listed Buildings and Structures states that: Development likely to affect a building or structure listed under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 will be permitted where: (i) The proposals are of a nature and scale appropriate to retaining the character and design of the building or structure and its setting; and (ii) Adequate provision is made for the preservation of the special architectural or historic features of the building or structure In response to the above requirements, the fence is affixed on top of an existing boundary wall ensuring that the architectural and historic features of the wall and archway are preserved, and framed; whilst providing an essential security measure. The fence ranges in height from between 1 to 2m, due to the varying height of the wall relative to the adjacent land outside of the site and the need to ensure security. It does not have an overbearing impact on the character or appearance of the existing boundary. The majority of the fencing is located alongside a private access road, with land on both sides owned by the applicant. Only 30% of the fencing is located on a public highway (Gayton Farm Road), along which there is no through access, and therefore limited views by the public Gayton Hall was already, prior to the erection of the fence, enclosed by hard boundaries and mature landscaping; sufficient to prevent views of the main house from public vantage points. The essential fencing now erected is for only a small length of the property s boundary relative to its overall boundary length and is located at a significant distance from The Hall which minimizes any impact on its setting or character. At its closest point, the fence is 80m distant from the Hall s south western elevation and visually separated from it by level changes, trees, shrubs and is exactly skirted and the same Taylor Young / Gayton_Hall/August2009

12 height as the pre-existing hedge. The fence, given these factors, does not it is contended -- harm the setting of the listed building The Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, at s72 requires Councils, in determining planning applications in conservation areas, to pay special attention to the desirability of preserving or enhancing the character or appearance of the area. To be acceptable this simply requires new development to preserve the status quo in terms of the area s character and appearance, rather than the more onerous requirement of enhancing the area Locally, UDP Policy CH2 Development Affecting Conservation Areas states that: Development located within, adjacent to, or otherwise affecting the setting or special character of a Conservation Area, will be permitted where the visual and operational impact of the proposals can be demonstrated to preserve or enhance: (i) (ii) (iii) The distinctive characteristics of the Area, including important views into and out of the designated Area; The general design and layout of the Area, including the relationship between its buildings, structures, trees and characteristic open spaces; and The character and setting of period buildings and other elements which make a positive contribution to the appearance and special character of the area UDP Policy CH13 Gayton Conservation Area is a specific policy in relation to Gayton Conservation Area and sets out the area s principal planning objectives, which are to: (i) preserve the character and scale of a small farming township on a woodland setting at the urban fringe. (ii) retain unifying features such as unmade paths and country lanes, boundary walls and hedges; (iii) preserve the wooded and open grounds of the Gayton Hall estate, and; (iv) retain and enhance the sequence of open views to the Estuary and the North Wales coast beyond An appraisal of Gayton Conservation Area was recently (October 2008) completed on Wirral Council s behalf and endorsed by its Planning Committee. The appraisal highlights (para 3.3.3) that Gayton Hall is largely hidden from view behind high walls and trees. Stone boundary walls within the village are identified as a key part of its visual character. However, the appraisal also recognises that a number of properties have high boarded fences on boundaries facing the public realm In response to the above, the fence, in terms of its design and appearance, complements others boundary treatment already found within the conservation area, particularly to the immediate northwest along Gayton Farm Road (see images attached at Figure 3). This form of boundary treatment is a common feature of the area and whilst a purist inherently negative -- conservation approach might be taken to an assessment of such features, this does not recognise modern day householder requirements for security, personal safety and privacy. The fence, along a portion of Gayton Hall s perimeter, does not detract from the area s character or appearance nor harm long range public views of the River Dee or Wales beyond the greater majority of its length is adjacent to a private boundary shared with the private driveway to an adjacent driveway. Whilst the fence is visible along Gayton Farm Road, the lane s character is not harmed -- given that the wall remains unaffected -- and any limited visual impact of the fence will lessen as it weathers and landscaping becomes more established. If considered necessary, the applicant will also colour or stain the fence as appropriate. Green Belt Issues 3.22 Gayton Hall is within the Green Belt where there is a presumption nationally against inappropriate development and this is reflected locally at UDP Policy GB2. Minor extensions and alterations to existing dwellings are not however treated as inappropriate; subject 12 Taylor Young / Gayton_Hall/August 2009

13 to compliance with a further detailed policy (Policy GB5), although this does not provide guidance in relation to how applications for boundary treatment will be treated One of the key aims of Green Belt policy is to ensure that the openness of the green belt is maintained. In this case, openness is limited by boundary walls and fences defining the extent of private gardens. The recently erected fence at Gayton Hall does not define a new boundary that might impact on openness; instead it re-enforces an existing boundary and does not, as previously stated, harm any public views. Consequently, it does not harm the openness of the green belt whilst the fence s materials and siting ensure that the character of the Green Belt is protected. Landscape 3.24 The application site also lies within an area of Special Landscape Value. UDP Policy LA1 states that proposals which affect the character and appearance of the Special Landscape Area (SLA) will not be permitted, an example being the introduction of intrusive development on a prominent skyline. The proposal would not affect the openness of the wider SLA, as explained above in response to Green Belt policy, and follows the precedent locally of similar enclosures. boundary, accords with guidance within the SPG; as well as the national guidance (Safer Places: The Planning System & Crime Prevention) previously referred to The proposal is also consistent with the Secured by Design Standards as supported by the Association of Chief Police Officers, which advises that security fencing be located to the top of existing walls to provide additional security to property. The principle of this is further supported by PPS1 which states that local authorities should create and therefore adhere to policies which ensure that they are able to: create safe and accessible environments where crime and disorder or fear of crime does not undermine quality of life or community cohesion The alternative would be for the local authority to undertake to provide appropriate conservation street lighting and additional policing Planning Out Crime 3.25 Wirral Council s Supplementary Planning Guidance Note: Planning out Crime, provides detailed design guidance about how the potential for criminal activity can be lessened through appropriate design measures. The SPG specifically states (at para 2.2.1) that: Particularly vulnerable areas should be provided with an additional height deterrent, such as a trellis on top of a brick wall Given the nature of the armed robbery at Gayton Hall, it is clear that the site was vulnerable at the point where the new fence has now been erected, in view of the boundary walls inadequate height to deter intruders. The additional fencing, providing further height to the Taylor Young / Gayton_Hall/August2009

14 4. Development Proposal 4.1 This section explains the details of the development applied for, as part of the application for planning permission and listed building consent, and satisfies the requirement to submit a Design and Access Statement as required by Article 4C of the General Permitted Development Order 1995, as amended and explained in DCLG Circular 01/2006. Use 4.2 The fence provides an essential additional means of security and enclosure to the south western boundary of Gayton Hall to allow the applicant and his family the right to feel safe in their own home. Amount & Scale 4.3 The fence occupies the south western corner of site and is located to the top of an existing stone wall (detailed in Figure 2). The fence replicates the change in height of the wall, and therefore ranges from approximately 1-2m in height, as illustrated on the supporting plan. Layout 4.3 The alignment of the fence is demonstrated in Figure 3. It is located flush to the external face of an existing boundary wall. Access 4.7 Pedestrian and vehicular access to Gayton Hall is not affected by the proposal. Outlook/views 4.8 This proposal is not detrimental to any views from inside or outside the property as the fence exactly follows the line and height of the pre-existing hedge. Enviromental Impact 4.9 The fence is environmentally neutral unlike alternatives such as additional street lighting Landscaping 4.5 There will be no specific landscaping provided as part of this proposal, Appearance 4.6 The proposal comprises a soft wood vertical boarded fence attached, by metal brackets, to an existing wall. The wooden fence is aligned to follow the existing line and dimensions (including height) of an established hedge, a boundary wall and an archway over a private pedestrian access into Gayton Hall s grounds. 14 Taylor Young / Gayton_Hall/August 2009

15 Taylor Young / Gayton_Hall/August2009 Figure 5 Street Scene Elevations

16 5. Summary and Conclusion 5.1 This Planning, Design and Access Statement support a planning application and listed building application to retain a boundary fence to part of the boundary to a private dwelling. The fence has already been erected and was installed following a significant criminal incident and recommendations made to the homeowner, by Merseyside Police s Architectural Liaison Officer and an independent security advisor, about what security steps should be taken. The fence is erected in the location where the boundary was identified as most vulnerable and represents the minimum necessary to secure the boundary. It was also the point of entry for the five armed robbers 5.2 The erection of the fence, ahead of obtaining planning and listed building consents, was necessary in order to quickly provide minimum additional security for the occupants of Gayton Hall following their experiencing a traumatic criminal incident within their home. Awaiting the outcome of these applications, before erecting the fence, was not a possibility in view of the very real fears of the applicant and his family that they would have remained exposed to a further criminal incident, whilst also leaving them physically and psychologically exposed. 5.3 The fence, whilst providing essential security, is a minor addition to a small length of an extensive boundary wall which is dimensionally considerably larger than the fence and similar fences are already present within Gayton Village and beyond. 5.4 Wirral Council has a duty to ensure that its planning decisions have regard to their implications for reducing crime. In this case, the fence s erection is directly linked to a crime reduction measure and follows-on from a very serious criminal incident. Planning Out Crime and the fear of crime, are material planning considerations and in this case must be given significant weight in the determination of the applications; and when balancing any perceived limited visual harm associated with the fence with other material considerations. 5.5 The fence, at its nearest point, is more than 80m distant from Gayton Hall; and divided from it by natural barriers within the grounds. The fence does not harm the setting of Gayton Hall, which is a Grade 11* listed building. 5.6 Gayton is a conservation area and Gayton Hall is a key element of this; although, even prior to the erection of the fence, views of the building, from public vantage points, were severely limited due to its tall boundary walls and hedges, mature trees and shrubs and the area s topography. The Conservation Area Appraisal report recognises this characteristic. The fence as a result does not harm important views into or out of the conservation area. Furthermore, the majority of the fence s alignment is adjacent to a private boundary shared with a driveway to Gayton Woods; further lessening any implications for public views. 5.7 Wirral Council considers, within its Character Appraisal document that boundary fences in the village can be an alien feature, which detracts from the areas character. It is the case though that fencing is already present locally of a similar design to that applied for. The existing strong enclosed character of the lower part of Gayton Farm Road will not be harmed by the presence of the fence. The fence will weather over the coming months to further subdue its appearance, although, if required, the applicant will colour or stain the fence as appropriate. 5.8 In view of the above, the fence does not fail to preserve the character and appearance of the Conservation Area and consequently satisfies the requirements of the heritage related policies within the development plan. Nonetheless, if it is considered that the fence does have a limited visual impact, then it is submitted that this consideration is easily outweighed by the necessity to provide essential security to the boundary and the lack of any alternative more appropriate means of doing so. 5.9 The fence has no implications for the openness of the green belt, given that it merely strengthens an existing boundary. It also has no implications for the amenity of any adjoining households in view of the distance that it is from them Having regard to all of the issues addressed above, it is respectfully submitted that, there are no reasons why Wirral Council should not grant planning permission and listed building consent to retain the fence; thereby, through addressing a recognised serious security and 16 Taylor Young / Gayton_Hall/August 2009

17 personal safety issue, allowing the applicant and his family the fundamental right to feel safe and secure in their own home. Taylor Young / Gayton_Hall/August2009