Case Officer:
M R Evans
Site:
Langham Farm, Ashprington, Totnes, Devon, TQ9 7UP
Application No:
01/1647/01/O
Date Received:
4th October 2001
Agent:
Christopher Stacey Architecture Berwyn House 70-72 Abbey
Road Torquay Devon
Applicant:
Mr & Mrs R Rogers
Development:
Outline application for erection of agricultural dwelling
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permission of Ordnance Survey on behalf of the Controller of Her
Majesty's Stationery Office © Crown copyright. Unauthorised
reproduction infringes Crown copyright and may lead to prosecution
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Policies
Area of Outstanding Natural Beauty
Coastal Preservation Area
Countryside
Consultations
Devon County Council
Refuse
South West Water
No objections
Environment Agency
No objections – foul drainage connection should be made if available
Environmental Health Section
No objection – private sewage treatment plant would provide better means of foul
water disposal
Agricultural Assessor confirms no agricultural support (report copied in Members’
bundle)
Parish
Ashprington Parish Council make the following observations:
Objection – Coastal Preservation Area, outside development area. Area of
Outstanding Natural Beauty. Increases traffic on Duncannon Lane when existing levels
are already causing numerous problems
Supporting information included in Members’ bundle
Case Officer Report
The ProposalThisMr MR Evans
This is an outline application for the erection of an agricultural dwelling on land adjoining
Langham Farm. The site is situated in open countryside, adjoining Duncannon Lane,
along which runs a public footpath, and is visible from both close up and more distant
public vantage points. The applicants currently own and live in a cottage 0.5 mile away
from the application site, at the end of Duncannon Lane, in Ashprington village.
Representations
The Parish Council has raised objections to the application. The Council’s representation
is attached to the Members’ bundle.
Policy Context
Policy H4
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of the Structure Plan limits residential development in the countryside
to that for which there is a proven agricultural, forestry or horticultural
need, or barn conversions, which result from the conversion of
buildings of historic or architectural interest.
Policy C2
-
seeks to maintain the quality and distinctive local character of the
Devon landscape.
Policy C4
-
seeks to limit development within the South Devon Area of
Outstanding Natural Beauty and accords priority to issues of
landscape conservation and enhancement.
Policy C7
-
seeks to limit development within the Coastal Preservation Area and
accords priority to the protection of the unspoilt character and
appearance of the coastal area.
Policy T19
-
seeks to secure an acceptable effect on the local highway network
when considering new development proposals.
Policy T2
-
seeks to influence the pattern of land use in terms of minimising the
extent of travel.
Policy SHDC3 (Development in the Countryside)
provides for new dwellings only where there is a proven agricultural
need and where there would be little adverse impact on the
character, appearance, wildlife or amenities of the locality.
Analysis
An agricultural appraisal has been carried out by the Principal Agent of Devon County
Council on behalf of this Council; a copy of which has been included within the Members’
bundle. It concludes that whilst the existing business does satisfy the financial needs test,
the proximity of the applicants’ present dwelling to the farm buildings at Langham is
considered an acceptable distance for the satisfactory management of the livestock and
accordingly there is not considered to be an essential functional need for the proposed
dwelling.
Siting
The building is in open countryside. The site is elevated and open to public view. The
introduction of a residential building without full and proper justification would have a
harmful impact on the character and appearance of the protected landscape.
Human Rights
The development has been assessed against the Human Rights Act and in particular
Article 1 of the First Protocol and Article 8, namely the right to the peaceful enjoyment of
property and the right to respect for private and family life. In arriving at the officer
recommendation due regard has been given to the applicants rights and personal
circumstances. These consideration have been carefully weighed against the following:
(i)
the location of the building and the visual harm to a landscape of National
Importance (Area of Outstanding Natural Beauty);
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(ii)
(iii)
(iv)
the absence in the first instance, of a functional agricultural need for a residential
presence on the holding;
the commercial viability of the holding, and
the objectives of the Development Plan.
It is concluded that the personal circumstances of the applicant in this case do not
outweigh the strong public interests, as defined by Government Planning Guidance and
policies of the Development Plan, which seek to resist the provision of unjustified
dwellings in the countryside.
This application is reported to Committee as the Local Ward Member declares an interest
regarding the application.
Recommendation
Refusal
Refusal Reasons
1.
The proposed development is in an area where the Authority would only permit
development which to its satisfaction is necessary in the interests of agriculture.
The proposal constitutes an undesirable intensification of sporadic
development in the countryside, which in the absence of any overriding
agricultural need, is contrary to the provisions of Development Plan Policies S4,
C2, H4, SHDC3 and relevant Central Government advice.
2.
The proposed development is in an Area of Outstanding Natural Beauty and
would be damaging to the appearance and character of the area, where new
development will only be provided for where it would support the areas
conservation or enhancement or where it would foster its social and economic
well-being provided that such development is compatible with the areas
conservation; neither criteria is satisfied in this case. Such development is
contrary to the provisions of Development Plan Policies S4, C4, C2 and Central
Government advice.
3.
The site falls within a Coastal Preservation Area where new development other
than of a minor nature will not be permitted except where it is required for the
benefit of the community at large, in connection with public access for informal
recreation, or for purposes of agriculture or forestry and only when such
development cannot reasonably be accommodated outside the protected
areas. Such development will only be permitted when it would not detract from
the unspoilt character and appearance of the coastal area. None of the above
criteria are applicable in this case and accordingly the proposed development
does not accord with the provisions of Structure Plan Policies S4, C7 and
relevant Central Government advice.
4.
The proposal would give rise to further development in the countryside
divorced from any established centre where community services and facilities
are available, contrary to the provisions of Development Plan Policies S4, H4,
SHDC3 and relevant Central Government advice.
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5.
The proposal would set a precedent for development which is accessed off a
road and lanes which, by virtue of their width and alignment, are unsuitable to
accommodate the additional traffic likely to be generated, thus contrary to the
provisions of Development Plan Policies T2, T19, SHDC3 and Central
Government advice.
6.
The proposal is likely to create the need for additional traffic by private
vehicles due to its location and lack of accessibility to alternative means of
travel and is therefore non-sustainable, thus contrary to the advice contained in
PPG13 - "Transport", and Development Plan Policies T2, T19 and SHDC3.
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