1.
Site Description
1.1
The building to which this application relates is located in open countryside on the
eastern side of Park Road, approx 1 mile outside Carleton Village. The building is
located in a small walled croft opposite two dwellings one of which is occupied by the
applicant and is known as Quarry Hill Cottage.
2.
Proposal
2.1
The proposal seeks consent to retain development in the form of a conversion and
extension of an existing building to form a pottery workshop.
2.2
The original building is a stone built structure of traditional form with a stone slate
roof and the extension has been formed in timber with a pitched roof.
2.3
The access to the site is existing onto Park Lane.
3.
Planning History
3.1
Certificate of lawful development refused in 2003. The Applicant was claiming that
the walled croft was part of the residential curtilage to his dwelling and that the works
for which consent is now sought were permitted development.
4.
Planning Policy Background
4.1
The proposal is intended mainly for personal use by the applicant and not for
commercial purposes. It may be used on a one-to –one basis for pottery tuition on
occasion. The building is technically in open countryside and should be subject to
policy ENV1 – Development in open countryside.
5.
Parish/Town Council Comments
5.1
Carleton Parish Council has commented as follows :-
5.2
The Parish Council is very concerned about the entrance/exit to the proposed site
and considers that it should be modified to conform with standard practice as defined
by the |North Yorkshire County Highways Department.
5.3
Basically, the entrance /exit should 1.Be surfaced with tarmac for a minimum of 5
metres into the site.2. Conform with the minimum required distance sight line to
either side of the entrance.3 Be suitably drained so that surface water does not run
off into the highway.
5.4
Vehicles leaving the site exit onto a single carriageway highway and it would be very
difficult to see traffic on the highway without coming out onto same, thus creating the
possibility of a collision.
6.
Consultations
6.1
Highway Authority – state that visibility is very poor at this access. Ideally it should be
closed. In mitigation there would be some previous use of the access. Applicant
should therefore lower his walls to improve visibility and confirm in writing the
anticipated traffic – delivery of gas bottles. Any permission granted should be
personal to the applicant and tied to the dwelling across the road. Access should be
surfaced to prevent stones being scattered/washed onto the road.
6.2
Environmental Protection – state that odour and possible smoke from sawdust when
cooling product after firing in Raku kiln.
7.
Representations
7.1
No written objections received.
8.
Summary of principle planning issues
8.1
The main issue is whether or not the proposal would harm the character and
appearance of the area, cause nuisance to neighbouring property through the
proposed use or create conditions prejudicial to highway safety.
9.
Analysis
9.1
Local Plan Policy ENV1 states that :-
ENV1.
DEVELOPMENT IN THE OPEN COUNTRYSIDE
The Council will protect the character and quality of the open countryside from being
spoilt by sporadic development by defining development limits.
Small scale
development appropriate for the enjoyment of the scenic qualities of the countryside
and other appropriate small scale development having a rural character will only be
permitted in the open countryside where it:
1. Clearly benefits the rural economy;
2. Helps to maintain or enhance landscape character;
3. Is essential for the efficient operation of agriculture or forestry; or
4. Is essential to the needs of the rural community.
Large scale development in the open countryside will only be permitted where it is
demonstrated that there is an overriding need for the proposal due to the
requirements of the utility services, transport, minerals supply or national security.
9.2
The proposed development utilises an existing traditional stone building already
existing in the walled croft and the timber clad extension has the same roof line and
slightly less floor area than the original building. It is considered that the overall effect
of the proposal on the character and appearance of the area is neutral. It does not
conflict with the aims and objectives of local plan policy ENV1.
9.3
Both the Parish Council and the Highway Authority express concern over the access
to the site and the potential risk to highway safety in using the access as it stands.
9.4
The frontage of the site is composed of short lengths of dry stone walling, timber
fencing and shrubs. Visibility in both directions could be improved if the dry stone
walling on the south western side of the access to the site was lowered to a height
not exceeding 1m from the carriageway edge to a point 2m into the site, and all
walling, fencing and vegetation to the north west of the existing access was lowered
to the same height. The Highway Authority has indicated that there would be an
element of trade off in traffic terms between the proposed use and the likelihood that
there has been and still is some use of the access.
9.5
The Environmental Protection section of the Council has indicated that there may be
odour and possible smoke from the pottery process. The environmental effects of the
proposed use is not known at present, and to retain an option to review the use of the
building at some future date a temporary consent, personal to the applicant so long
as he resides at Quarry Hill Cottage, could be granted.
9.6
The building is directly opposite the residential unit adjoining the Applicant’s dwelling
and the windows in the north west elevation of the building to which the application
relates look towards the windows in the south east elevation of this dwelling. To
ensure that the amenities and privacy of the residents are not adversely affected it is
considered that the windows should be glazed in level 5 obscured glass or treated in
a way acceptable to the Council to achieve the same effect.
9.7
It is considered that the proposal would not conflict with policy ENV1 and that
provided the Council has the opportunity to review the use of the building at some
time in the future in the light of any adverse effects or complaints then the proposal
could be approved.
10.
Recommendation
10.1
Approval for a temporary period of 12 months and for the benefit of the applicant until
such time as he no longer resides at Quarry Hill Cottage.
11.
Summary of Conditions
11.1
This grant of consent shall operate only for the benefit of Mr Andrew Hill of Quarry
Hill Cottage, Carleton for the purposes hereby approved, and for a temporary period
expiring on the 31st January 2005. At or before the expiry of this temporary period the
use hereby approved shall cease unless a further period of consent has been sought
and approved in writing by the DPA.
11.2
Reason.
11.3
The District Planning Authority wishes to reserve the right to review the proposed use
of the building and the operations to be carried out therein to assess their suitability
for the location and the effects if any on neighbouring amenity.
11.4
All obstructions of a height greater than 1 metre shall be removed, or reduced to that
height for the whole of the roadside frontage of the site, and for a distance measured
2m into the site from the nearside edge of the county highway. The area specified
above shall be kept permanently free from obstructions greater in height than 1
metre.
11.5
Reason.
11.6
To ensure that visibility at the junction of the access to the site with the county
highway is improved and maintained as such, in the interests of highway safety.
11.7
All the windows on the north west elevation of the development hereby approved
shall be glazed in level 5 obscured glass or the glass shall be obscured in a manner
to be agreed in writing with the DPA within 2 months of the date of this permission.
Once either of these requirements has been met the glazing shall be permanently
maintained as approved.
11.8
Reason.
11.9
In the interests of the amenities of the neighbouring dwelling to the north west of the
site.