PARISH
Tibshelf
__________________________________________________________________________
APPLICATION
Erection of an outdoor swimming pool to rear and extension to existing
garden wall
LOCATION
7 High Street Tibshelf Alfreton DE55 5NY
APPLICANT
Mr Philip Smith
APPLICATION NO. 15/00120/FUL
FILE NO.
CASE OFFICER
Mr Steve Kimberley
DATE RECEIVED 9th March 2015
DELEGATED APPLICATION
__________________________________________________________________________
SITE
The property is a thatched cottage (grade II Listed Building) which lies within the settlement
framework and Tibshelf conservation area. The cottage sits in quite an extensive plot with a
large garden to the rear. The garden and gable end of the cottage run parallel to High Street
but the garden is at a higher level than the adjacent pavement. The garden is bounded by a
rubble stone retaining wall. There are several trees located around the boundary of the
garden, (both along High Street and Sunny Bank).
PROPOSAL
The proposal is for the creation of an outdoor swimming pool within the curtilage of the
property. The swimming pool is to be 7.4m in width and a length of 20.3m. The swimming
pool will have a maximum depth of 3m. The pool is to be built within an area which is raised
above the highway to the south and which is south of the listed building.
AMENDMENTS
Heritage Impact Assessment submitted on the 19th May 2015
HISTORY (if relevant)
14/00314/TCON - Removal of 10 trees Allowed 15/12/2014 This permits the removal of a
number of trees including some which would have been impacted by the current proposal.
The given reason for the removal of the trees was the impacts of shade and leaves on the
condition of the thatched roof of the listed building.
07/00339/FUL – erection of detached garage and outbuilding Approved 25/09/2007
00/00201/FUL – erection of two storey and single storey extension. Approved 21/09/2000
CONSULTATIONS
Derbyshire County Council highway Authority – No objections 02/04/2015
Conservation Officer - The construction of a swimming pool so close to a listed cottage will
undoubtedly have an impact on the setting of the heritage asset. However, the pool is fully is
sunken with no above structures proposed, apart from a screen stone wall and patio which
follow the pattern of features already in place. Providing we impose an archaeological
watching brief, I do not think there is any justification to refuse the application. There will be a
degree of harm to the setting of the asset but this is certainly considered to the less than
substantial. Due to the screening provided by the proposed screen wall the character and
appearance of the conservation area will be preserved 20/05/2015
Derbyshire County Council County Archaeologist - The proposed swimming pool is within the
medieval core of settlement at Tibshelf. As the pool will involve a significant area of ground
excavation there is potential for archaeological remains to be exposed. Consequently
consider that a condition should be imposed requiring a Written Scheme of Investigation and
archaeological monitoring of the development groundworks. 13/05/2015
Environmental Health - note that there are no proposals for any floodlighting or commercial
use of the swimming pool. Therefore, we have no objections in principal to this proposal but
would request that it is restricted to domestic use only to minimise the potential for noise
nuisance. 18/05/2015
PUBLICITY
Site notice posted by applicant and press advertisement published.
10 neighbouring properties notified.
One representation received objecting to the proposal as they considered that it would have a
negative and harmful impact on the setting and special historic and architectural character of
both the building and its surroundings.
POLICY
Bolsover District Local Plan (BDLP)
CON10 CON1 (Development in Conservation Areas) GEN1 (Minimum requirements for
Development) GEN2 (Impact of Development on the Environment)
National Planning Policy Framework
Paragraphs 128, 131 132, 133,134 and 141
Other (specify)
S16 of the Planning Listed Building and Conservation Areas Act 1990
ASSESSMENT
The proposal is within the grounds of a Listed building and in the Conservation Area of
Tibshelf. It is considered that the main issue is the potential impacts on both the listed building
and the wider conservation area.
The pool is to excavate in an area of the garden which is already raised and is to the south of
the listed building. There is already a high stone retaining wall around the garden at this point
and consequently the surface of this raised area (currently a patio area and a garden feature)
is difficult to see from outside of the site. The excavated swimming pool is designed to be at
the same level as the current garden and consequently the visual impacts of the development
will be minimal. The excavation is approx 5m from the listed building itself and consequently
is not considered to impact on the footings of that building and will not impact on the listed
structure building itself.
As noted by the Derbyshire County Council Archaeologist the excavations are not only close
to the listed building but also within the medieval core of Tibshelf and at a depth which would
be below the ground level of the road and the ground level of the listed building. It is
considered as reasonable therefore to impose a condition requiring a written scheme of
investigation and the monitoring of excavation work for the archaeological potential of the site.
There are above grounds works also proposed. These involve the erection of a stone wall
2.1m high on the western side of the pool to provide a screen for persons around the
swimming pool when viewed from the classified road to the front. In addition a stone facing
wall is proposed at the eastern side of the swimming pool to face the concrete of the pool
itself. An existing stone wall and steps which separate this area from the listed building is to
be retained 1.75m to the north of the pool.
The eastern wall is to be no higher than the level of the pool and consequently is not
considered to have any significant impact. The screening wall to the west is 2.1m high and
will be easily seen from outside of the site. However it will be an extension of an existing wall
which leads form the listed building at this point. Subject to conditions regarding the stone to
be used and how it will be laid it is considered that the erection of the wall will not impact
significantly on the area or the listed building.
The Conservation Officer has been in regular contact with the applicant in the past and is
familiar with the site. They have been consulted on the proposal. Whilst they accept that there
will be some impacts the harm is considered to be less than substantial and they do not feel
there is any justification in refusing the proposal. They consider that due to the screening to
be offered by the stone wall the development will also have a minimal impact on the
conservation area.
Whilst the views of the representation are noted it is considered that, in line with expert
opinion and for the reasons above, the development would not have such an impact on the
setting of the listed building as to warrant a refusal of permission. Whilst it is acknowledged
that there will be some harm to the setting this harm would be less than substantial and the
development is considered to be in compliance with the National Planning Policy Framework.
Other Matters
The swimming pool is within the existing curtilage of the property and is not considered to
introduce any new impacts on the neighbouring properties. It does not impact on any parking
spaces or turning areas and is generally screened from the public highway It is not
considered to have any impacts on highway safety.
The submitted design and access statement suggest that the development will use solar
panels in order to reduce energy levels. No panels are shown in the application though it is
known that panels have been approved on an outbuilding on the eastern boundary of the
curtilage . The statement also confirms that the applicant is not planning any above ground
features with the pool.
Listed Building: see above assessment
Conservation Area:see above assessment
Crime and Disorder: see above assessment
Equalities:no known issues
Access for Disabled:not applicable
Trees (Preservation and Planting): none to be removed as part of this application
SSSI Impacts: not applicable
Biodiversity: not applicable
Human Rights:-
no known issues
RECOMMENDATION
Grant subject to the following conditions
1) A101
2) a) Before commencement of any excavations on site a Written Scheme of Investigation
for archaeological monitoring has been submitted to and approved by the local
planning authority in writing. The scheme shall include an assessment of significance
and research questions; and
1.
The programme and methodology of site investigation and recording
2.
The programme and provision to be made for post investigation analysis and
reporting;
3.
Provision to be made for publication and dissemination of the analysis and
records of the site investigation
4.
Provision to be made for archive deposition of the analysis and records of the
site investigation
5.
Nomination of a competent person or persons/organization to undertake the
works set out within the Written Scheme of Investigation
b) No development shall take place other than in accordance with the archaeological
Written Scheme of Investigation approved under condition (a).
c) Within a period of 12 weeks from completion of the development the archaeological
site investigation and post investigation analysis and reporting shall have been
completed in accordance with the programme set out in the Written Scheme of
Investigation approved under condition (a) and the provision to be made for publication
and dissemination of results and archive deposition shall have been secured.
3) The external wall shall be constructed of stone which shall match the existing
stonework as closely as practicable. A sample of the stone shall have been submitted
to and approved in writing by the Local Planning Authority before construction
commences on any walls.
4) G106
Reasons
1)
2)
3)
4)
Y101
Y158 – CON13
Y132 – CON1 (Development in Conservation Areas)
Y132 – CON1 (Development in Conservation Areas)
Notes
1) The applicant is recommended to contact the Derbyshire County Council archaeologist
to obtain advice on the production of the Written Scheme of investigation required
under condition 2.
2) The applicant should note that the application only permits the construction of the
swimming pool and two walls as shown on the submitted plans. Any new ancillary
building to house heating equipment or any new solar panels is likely to require a
further planning permission.
__________________________________________________________________________
Officer
S Kimberley
Endorsing Officer
C. Doy
Date
01/06/2015
Date 20/06/2015
(refusals/objections/
referrals to 3rd officer)
Determining Officer
S. Phillipson
Date 02/06/2015