1.
Site Description
1.1
The site for the proposed development is located between Windy Ridge and Acre
Road, with the north light structure of Acre Shed to the east, and a vehicular turning
area for Acre Shed to the south of the site and I, 3 and 5 Acre Meadow to the north,
with no’s 3 and 5 Acre Meadow being the nearest dwelling to the site.
1.2
The ex access to windy ridge runs approx east - west between the garden of no 5
Acre Meadow and the site for the proposed dwelling. The area around the drive is
wooded but outside the application site.
1.3
There is a large single storey stone building on the site adjacent to Acre Road in the
same position as the proposed new dwelling would be located, with a separate gated
access point.
1.4
There is a row of trees along the southern boundary of the application site adjacent
to a public footpath.
2.
Proposal
2.1
The application is an outline proposal for the construction of a two storey dwelling.
3.
Planning History
3.1
Delegated authority has been granted to the Head of Planning and Building Control
to approve an application for the redevelopment of the Acre Shed site for the
provision of a new Village Hall and residential units. The site for the proposed
development is very close to this site and the effect of this proposal on the scheme
for 31houses closest to the site will have to be assessed.
3.2
22/2004/4748 – Construction of detached two storey dwelling – Approved November
2004.
4.
Planning Policy Background
4.1
Adopted Craven Local Plan policy H3- Residential Development Within Development
Limits of Skipton and the Named Local Service Centres; BE11 – Development In
Conservation Areas.
5.
Parish/Town Council Comments
5.1
Cowling Parish Council has raised no objections to the proposed development.
6.
Consultations
6.1
Highway Authority – commented on the previous application that the lowering the
wall between entrances and approx 10m of wall to the south of the entrance would
improve the access. These requirements could be the subject of a planning
condition.
7.
Representations
7.1
A letter has been received from the occupants of no. 5 Acre Meadow expressing
concern that the new dwelling would overlook their property, and neighbouring
properties. They are concerned that not even the trees and bushes within the
grounds of Windy Ridge would afford protection from overlooking from the third floor
windows, and that should a three storey development be approved there should be
provision within the plans prohibiting the removal of f any of the trees and bushes
running directly down the border between Windy Ridge and no 5 Acre Meadow.
Additionally, all top floor windows should be limited to a Velux style which would
provide some aid to concerns about overlooking.
8.
Summary of principle planning issues
8.1
The main issues are whether or not the proposed development would meet the
requirements of Local Plan Policies H3 and BE11 with particular regard to affect on
neighbouring amenity..
9.
Analysis
9.1
Local Plan policy BE11 states that planning permission for development in or
adjoining a Conservation Area will only be permitted if it makes a positive contribution
to its character and appearance, or does not cause harm to the character and
appearance of that area.
9.2
The proposal is an outline application and seeks consent only in principle for the
development of the site for a single dwelling, therefore no details have been provided
of the design or materials for the dwelling. These would be assessed at the reserved
matters stage.
9.3
The assessment of the present application in the context of policy BE11 is limited to
an evaluation of the contribution of the site in its present form to the character and
appearance of the Conservation Area, and whether or not its loss to development, or
the changes likely as a result of the development would be unacceptable.
9.4
The site forms part of the garden area of Windy Ridge which contains some mature
trees along the southern edge and is set in area presently surrounded by Acre
Meadow to the north, the Acre Shed industrial complex to the south and east and
Windy Ridge to the west.
9.5
A large single storey stone building with a pitched and slated roof, apparently a
garage, stands on the site at present, along with a greenhouse and LPG tank, and
other garden structures in the same location as the proposed dwelling.
9.6
The garage has its own access to Acre Road and that would be used to serve the
proposed new dwelling.
9.7
It is unlikely that any of the trees along the southern boundary of the site would need
to be removed to allow development to take place, although some species within the
site would have to be removed.
9.8
It is considered that the site for the proposed dwelling, being part of an existing
residential curtilage, and already substantially developed with existing buildings and
structures does not as it stands contribute in any particularly beneficial way to the
character and appearance of the Conservation Area. The redevelopment of the site
with a two storey dwelling would in fact be likely to have a neutral effect on the
character and appearance of the Conservation Area and as such would not be
harmful.
9.9
Local Plan policy H3 states that within the development limits of Cowling the
redevelopment of land or premises will be permitted provided that the development
amongst other things, does not damage the character and amenity of residential
areas or create conditions prejudicial to highway safety.
9.10
The site for the proposed development is located within the development limits
boundary of Cowling, and also forms part of the existing residential curtilage of Windy
Ridge. The development of the site for residential purposes is therefore acceptable
as it accords with the principle requirements of policy H3. As the application is in
outline there are no details of the proposed dwelling to enable an assessment to be
made of the effects on local residential amenity, but during the site inspection in
assessing the potential for the development of the site as proposed there was no
obvious reason why an appropriately designed two storey dwelling would not be
acceptable on the site, and no reason to suppose that such a proposal might result in
an unacceptable level of harm to the amenities of the existing dwellings in the vicinity
of the application site. The existing garage on the site, which is of a similar scale on
plan to the propose dwelling gives some indication of how the proposed development
would be accommodated on the site along with the access. Taking this into account it
is considered a reasonable assessment of the effect of any dwelling on the site can
be made.
9.11
The Head of Planning and Building Control has delegated authority to approve an
application for the redevelopment of the Acre Shed site adjacent to the application
site for the proposed new dwelling, for a new village hall and 31 new dwellings. The
application was detailed and indicated the house types on the site, and the site
layout. The site for the proposed development to which this present application
relates is adjacent to the north western side of plots 29, 30 and 31 of the new
development which would be a row of three, two storey dwellings. According to the
layout for the 31 dwellings the houses on plots 29, 30 and 31 have their front
elevations facing approx to the north east and they are shown set back from Acre
Road by some 20metres at the widest point, with their front gardens between their
front elevations and Acre Road.
9.12
This planning application is in outline and no details of the proposed new two storey
dwelling have been submitted, however the front gardens of the proposed dwellings
on plots 29,30 and 31 fronting onto Acre Road, would not enjoy exclusive privacy in
that location and it is likely they would be overlooked from other dwellings around the
site in the proposed layout for the 31 units. Taking these factors into account it is
unlikely that the proposed new single dwelling would cause serious harm to the living
conditions of the future residents of the proposed new dwellings on plots 29,30 and
31 of the development on the Acre Shed site, even if windows were to be
incorporated on the south eastern elevation overlooking the front gardens of those
dwellings.
9.13
A similar argument would apply to the rear gardens of numbers 3 and 5 Acre
Meadow which are presently subject to some degree mutual overlooking although
they are elevated above Acre Road, and in any event are further away from the site
for the proposed single dwelling and screened from the site by existing trees, shrubs
and fencing.
9.14
It is considered therefore that the principle of the residential development of the site
is acceptable and meets the principle requirements of local pan policy H3, and there
would be no harmful effect on the character and appearance of the Conservation
Area if the site was to be redeveloped, although the actual details of the development
would be assessed as to their suitability for the site at the reserved matters stage.
10.
Recommendation
10.1
Approval
11.
Summary of Conditions
11.1
Standard time limit (outline) cond and reason.
11.2
Development only to be carried out in accordance with details approved as reserved
matters and reason.
11.3
Withdrawal of permitted development rights and reason.
11.4
The frontage boundary wall of the site for the proposed development with Acre Road
shall be lowered for the whole of its length to a height not exceeding 1 metre on both
sides of the vehicular access to the site.
11.5
Reason. In the interests of highway safety.
11.6
The existing trees along the south eastern boundary of the site shall be retained as
part of the development hereby approved. Before any of the development hereby
approved is carried out on the site a post and rail fence of not less than 1metre in
height shall be erected on the north western side of the existing trees 3m from their
trunks and shall be retained in position for the whole of the period of the
development.
11.7
Reason. In the interests of the visual amenities of the Conservation Area.
11.8
All external walls of the dwelling hereby approved shall be faced in natural stone. No
works of construction on the dwelling shall commence until such time as a sample
panel of at least 2 square metres in area, showing the type of walling stone to be
used and the method of walling and pointing has been constructed on site, inspected
and approved in writing by the Local Planning Authority. The external walling shall eb
carried out in accordance with the approved sample.
11.9
Reason. To ensure that the building will be of good appearance and harmonise with
the other buildings in the Conservation Area.
11.10
No development shall be carried out in advance of the approval in writing of the DPA
of sample of the roof slate to be used as the roof covering on the development
hereby approved. The roof shall be clad in accordance with the approved sample.
11.11
Reason. To ensure that the building will be of good appearance and harmonise with
the character and appearance of the Conservation Area.
12.
Site Description
12.1
13.
Proposal
13.1
14.
Planning History
14.1
15.
Planning Policy Background
15.1
16.
Parish/Town Council Comments
16.1
17.
Consultations
17.1
18.
Representations
18.1
19.
Summary of Principal Planning Issues
19.1
20.
Analysis
20.1
21.
Recommendation
21.1
22.
22.1
Summary of conditions