1. Site Description 1.1 The site for the proposed development is located between Windy Ridge and Acre Road and until recently had accommodated the large stone built garage for Windy Ridge itself, but the garage has now been demolished. The north light structure which forms part of Acre Shed is to the east on the opposite side of Acre Road, and a vehicular turning area for Acre Shed to the south. No’s 3 and 5 Acre Meadow are located to the north at a higher level. Windy Ridge, also at a higher level than the site, and no’s 3 and 5 Acre Meadow are the nearest dwellings to the site. 1.2 The existing 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 this is outside the application site. 1.3 The application site, now cleared has been prepared for the construction works and it is possible to assess the finished garage floor levels of the dwellings in the context of the local area. 1.4 There is a row of trees along the southern boundary of the application site adjacent to a public footpath which runs from Acre Road to the west. 2. Proposal 2.1 The application is a detailed proposal for the construction of a pair of semi detached dwellings which would be three storeys where the proposal fronts onto Acre Road and one and a half storeys at the rear facing Windy Ridge. The dwellings are configured in this way to cater for the difference in levels between the front and rear of the site. 2.2 Each dwelling would have a pair of integral garages (four in total on the east elevation), and there would be two off street car parking spaces for each dwelling. 2.3 Each dwelling would have four bedrooms which would be formed partly within the roof and would obtain natural day light through a combination of eaves lights and standard roof lights. The bulk of the fenestration would be provided on the east and west elevations with smaller secondary windows to the northern and southern gables. 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 this proposed development is very close to this site and the effect of the present proposal on those dwellings in that scheme which are closest to the site will have to be considered. 3.2 22/2004/4748 – Construction of detached two storey dwelling – Approved November 2004. 3.3 22/2005/5710 – Proposed three storey detached dwelling – not yet determined. 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 concerns about the 3 storey frontage and the absence of chimneys. 6. Consultations 6.1 Highway Authority – recommend conditional approval of the application. 7. Representations 7.1 On the last application (22/2005/5710) a letter was 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 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 and the character and appearance of the Conservation Area. 9. Analysis 9.1 Conservation Area Issues. 9.2 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. 9.3 The proposal is a detailed application for the development of the site for a pair of three storey semi-detached dwellings. 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, recently stood on the site, along with a greenhouse and LPG tank, and other garden structures but these have now been demolished. 9.6 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 have been removed as part of the ground works for the proposal. 9.7 It is considered that the site for the proposed dwelling, being part of an existing residential curtilage, and that had been already substantially developed with existing buildings and structures, does not as it now 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 which is predominantly residential to the west. 9.8 Local Plan policy H3 9.9 This policy 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. There is also an extant consent for the redevelopment of the site for a detached dwelling. 9.11 The three storey frontage of the dwellings is said by the Parish Council not to be in keeping with the area, but similar dwellings have recently been constructed on Laycock Fields, which is adjacent to Acre Meadow. These dwellings were constructed with three storey frontages to take account of the fact that they were intended to be built into the hillside. It is considered therefore that the form of dwelling proposed in the current application is not alien to the area. 9.12 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. 9.13 The details of the proposed new three storey dwellings indicate that the southern gable will have one secondary bedroom window and a bathroom window in that elevation. The front gardens of the proposed dwellings on plots 29,30 and 31 fronting onto Acre Road, would be unlikely to 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 three storey dwellings 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, with the windows to be incorporated on the south elevation overlooking the front gardens of those dwellings. In any event, the scheme for the redevelopment of Acre Shed has not been formally approved and could change, resulting in the present assessment of the effects of the proposed development being obsolete. 9.14 The rear gardens of numbers 3 and 5 Acre Meadow are presently subject to some degree mutual overlooking by one another, albeit obliquely. They are screened from the site to some degree by existing trees, shrubs and fencing. However, to minimise the impact of the proposal on the amenities of the residents of 3 and 5 Acre Road it is considered that the secondary windows in the northern gable serving bedroom no’s 1 and 4 of the northern block could be glazed in obscured glass and be non-opening and this be required by a condition of consent. 9.15 As far as the effect of the proposed development on the privacy of Windy Ridge is concerned the proposed dwellings would be at a lower level, and although the distance between the rear elevation of the new dwellings and the north east elevation of Windy Ridge is less than the 21 metres often sought between principle elevations of dwellings, it is considered that the difference in levels between the two dwellings compensates for this. 9.16 Finally, the Applicant’s Agent has agreed to amend the plans to provide chimney stacks to meet the concerns of the Parish council in that respect. 9.17 Conclusion 9.18 It is considered that there would be no undue loss of daylight, sunlight or privacy to any of the dwellings adjacent to the site as a result of the proposed development, nor would they appear unduly overbearing. 9.19 The design and general external appearance of the proposed dwelling would not harm the character and appearance of the Conservation Area. Dwellings with a three storey frontage are already established in the Conservation Area at Laycock Fields in the vicinity of the site for the present proposal. 10. Recommendation 10.1 Approval 11. Summary of Conditions 11.1 Standard 3 year time limit. 11.2 In respect of the elevations of the proposed dwellings this grant of consent shall relate only to the amended plans received by the District Planning Authority on 22nd March 2006 showing the inclusion of chimney stacks in the scheme. Reason: To ensure that the proposed development is of a high quality appearance in the interests of visual amenity and for the avoidance of doubt. 11.3 Withdrawal of permitted development rights and reason. 11.4 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 be carried out in accordance with the approved sample. 11.5 Reason: To ensure that the building will be of good appearance and harmonise with the other buildings in the Conservation Area. 11.6 No development shall be carried out in advance of the approval in writing of the District Planning Authority 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. 11.7 Reason: To ensure that the building will be of good appearance and harmonise with the character and appearance of the Conservation Area. 11.8 Before the development hereby approved is first occupied all windows on the north elevation of the proposed new dwellings (with the exception of the window shown serving the WC) shall be glazed in level 5 obscured glass and be of a non-opening type and permanently retained as such. 11.9 Reason: In the interests of the amenities of neighbouring residents. 11.10 HW10 - 2m x 33m and reason. 11.11 HW17 drawing Ref 1:200. and reason. 11.12 HW23 and reason. 11.13 HW32 and reason.