Planning Application No: 22/2006/6864
7-Day Notice: YES
1.
Site Description
1.1.
The application building is a single storey, stone built, former “hairdressers” shop
located at the northern end of Gibb Street, an unadopted road, and attached to twostorey dwelling No. 1 Gibb Street. The remainder of Gibb Street comprises of
terraced stone built dwellings, and there is a small passage way between the
application building (No. 3) and No. 5 Gibb Street. The rear of the site is enclosed
by dwellings, with the rear elevations and yards of properties along Gibb Street,
Fold Lane and Keighley Road facing inwards, with a gap of between 9 metres
between the rear elevations of properties on Gibb Street and Fold Lane.
1.2.
The application building has two windows in the front elevation, along with an
access door, the roof is blue slated with corbels beneath. A gabled lean to white
rendered extension projects from the rear, and the building has a small rear yard
enclosed by a stone wall. The building was granted planning consent in 2003 for a
change of use from “hairdressers” to dwelling; however, it is understood that the
planning consent has not been implemented, and although is still able to take place,
the actual use of the building is still classed as commercial.
2.
Proposal
2.1.
The proposal is two-fold. Primarily change of use is sought for the conversion of
the shop to a residential use, although it should be noted as referred to at
paragraph 1.2, this use has already been approved, and could be implemented up
until October 2008 as approved regardless of the outcome of this application.
2.2.
Secondly, the building is to be extended. The rear extension is to be removed, and
the new extension is to project to the same extent as it currently does, yet at 1.4
metres wider. The building is also to be extended upwards, through the creation of
a second storey with a pitched roof. A single window is to be inserted into the front
elevation, with two in the rear elevation. The second storey will be detached from
adjacent dwellings, with a gap of 0.35 metres between No. 1 and No. 3. The
dwelling is to comprise of a lounge, dining kitchen, two bedrooms and a bathroom.
The front and side (south east) elevations are to be faced in stone to match
existing, and the roof in slates. The side (north west) elevation, adjacent to No. 1
Gibb Street, is to be rendered, as is the rear elevation.
3.
Planning History
3.1.
5/22/258 – Change of Use to hairdresser shop. Approved 15/07/1983.
3.2.
22/2003/3579 – Change of Use from hairdressers shop to dwelling. Approved
17/10/2003.
4.
Planning Policy Background
4.1.
Policies BE11, BE14, H3, H19, R10 and Appendix F of the Craven District (Outside
the Yorkshire Dales National Park) Local Plan. Planning Policy Guidance 15 –
‘Planning and the Historic Environment.’
5.
Parish/Town Council Comments
5.1.
Cowling Parish Council: “With the property overlooking properties on Fold Lane
from the back of the house it takes away any privacy previously enjoyed, otherwise
no objections.” Received 06/12/2006.
6.
Consultations
6.1.
NYCC Highways Authority: “Unadopted road, but could not sustain an objection to
proposed change of use or to enlargement of an existing dwelling.” Received
06/12/2006.
7.
Representations
7.1.
Two letters of representation have been received, one from the occupants of 5 Gibb
Street (received on 08/12/2006) which relates to the building works and related
scaffholding etc. affecting the access to the rear of their property, and one from the
occupant of 4 Fold Lane. The latter objection makes the following points;
7.2.
– “will make a considerable difference to the light into my house, and amount of sun
onto our property.”
7.3.
– “lived here for nearly 30 years and enjoyed a bright outlook in the back
yard”…should building be put up…”the amount of time the sun would reach us will
be diminished.”
7.4.
– “our privacy will be affected by having a two storey house so close to us at the
rear.” (received on 05/12/2006)
8.
Summary of Principal Planning Issues
8.1.
The effect of the proposal on; the character and appearance of the application
building, street scene and Conservation Area; neighbouring privacy and amenity;
and off-street car parking facilities.
9.
Analysis
9.1.
Change of Use;
9.2.
The change of use of the existing building to a single storey residence with no
external alterations has already been established by a previous consent. The
redundant nature of No. 3 Gibb Street is reflective of several other retail outlets in
Cowling that have suffered from loss of sales and decreased viability within the last
decade, leading in turn to new usage as residential properties. As Cowling does
not have a designated Core Retail Area, retail uses cannot be protected, and the
loss of them to residential use should not be resisted where commercial use is no
longer viable. The application property is located within a completely residential
area, and the conversion of the shop to a dwelling would not be out of place in
consideration of the residential characteristics of the area. The proposal is
considered to meet the requirements of Local Plan Policy R10.
9.3.
Policy BE14 states that the Council will permit a change of use where this will
enable the retention of a building of architectural or historic interest in a
Conservation Area provided that the change of use does not result in harm to the
character of the building and the new uses do not create any overriding adverse
effect on the building or the surrounding area. The use of the building as
residential, in a residential setting, would not result in harm to the amenity of the
area. However, the proposed development would extend the existing building, and
whilst the change of use in principle is considered acceptable, the impact of the
related changes are explored below.
9.4.
Character and appearance;
9.5.
Gibb Street comprises of traditional stone built terraced dwellings, with slate roofs,
and stone corbels supporting guttering. Each house has a chimney, and the first
floor windows are symmetrically positioned in line with ground floor windows.
Although the fronts of the dwellings vary, through the variety of window and door
frames, along with rainwater goods, the original structure of the terrace prevails,
and forms part of the character of Cowling Conservation Area. No’s. 1 and 2 Gibb
Street vary the standard pattern of Gibb Street somewhat. No. 1 Gibb Street is a
residential dwelling occupying the corner between the junction with Gibb Street and
Keighley Road. At some point a former shop window appears to have been
replaced with new stone. The application building also appears commercial in line
with its existing use, as although the windows are of a scale with neighbouring
dwellings, their proportions within the single storey building appear large.
Nevertheless, both buildings contribute to the street scene in terms of materials,
and architectural features in the form of corbels.
9.6.
PPG13 states that in the interests of preserving or enhancing the character and
appearance of a conservation area, special regard should be had for such matters
as scale, height, form, massing, respect for the traditional patterns of frontages,
vertical or horizontal emphasis and detailed design (e.g. the scale and spacing of
window openings, and the nature and quality of materials). Planning decisions for
development proposed in a Conservation Area must give a high priority to the
objective of preserving or enhancing the character of the area, and general
planning standards should be applied sensitively in the interests of harmonising the
development with its neighbours in the Conservation Area.
9.7.
Although the proposed extension would maintain the character and appearance of
the Conservation Area through the appropriate use of materials to the front and side
elevations, and roof, there are a number of concerns over the design and
appearance of the development. The proposal fails to incorporate design features
present in the street scene; the proposal lacks a chimney, and the existing corbels
present on the application building would not be incorporated at the new eaves
level. The proposed window at first floor level in the front elevation, being situated
centrally, fails to reflect the traditional patterns of frontages in the Conservation
Area, where windows at first floor level are situated directly above ground floor
windows, and would have an unbalancing effect on the appearance of the dwelling.
Additionally, although the first floor window has a vertical emphasis, it is shorter in
height than the ground floor windows by 35 cm, and fails in this way to reflect the
proportions of existing windows in the street scene. In consideration of the roof
pitch, although at an average pitch of 30, it appears that the proposed roof slope
would have a steeper pitch than neighbouring properties. The ridge level would be
only 10cm below that of No. 1 Gibb Street, yet the eaves would be 40cm lower.
Although the proposed pitch would be similar to other properties, its variation would
nevertheless fail to reflect the existing roof pitches in the street scene. Although the
shortcomings in terms of design would not as individual factors necessarily
constitute a reason for refusal, it is considered that the cumulative effect of the
combined issues would have an unacceptable impact of the character and
appearance of the street scene, and Cowling Conservation Area. The submitted
plans do not have regard for the patterns and architectural features of the
Conservation Area, and would fail to either preserve or enhance the character and
appearance of Cowling Conservation Area. It is considered that the proposal fails
to meet the guidance set out in PPG13, and the requirements of Local Plan Policy
BE11 which states that development will only be permitted in a Conservation Area
where it makes a positive contribution to, or does not cause harm to, the character
and appearance of the area. The proposed development also fails to meet the
requirements of Policies H3 and H19, which state that residential development
should not damage the character of existing residential areas, and should respect
the traditional built character of the area.
9.8.
Neighbouring privacy and amenity;
9.9.
The character of Cowling Conservation Area is derived from the rows of terraced
dwellings that lead off Keighley Road. For the most part, the terraces are in pairs,
with some having a narrow access road passing between the back yards. The
eastern terrace of dwellings on Gibb Street back onto terraces on Fold Lane. There
appears to be only a narrow pedestrian access route between the back yards of the
dwellings on Gibb Street and Fold Lane, and the original rear elevations of the
properties are 9 metres from one another, although some properties have single
storey rear extensions which reduce this distance still further.
9.10.
A letter of representation has been received from the occupant of No. 4 Fold Lane,
in addition to comments from the Parish Council, and one of the concerns
expressed is over the effect of the development on privacy. Although this
property’s rear yard area is greatly overlooked by neighbouring property, it currently
enjoys an open outlook to the west, overlooked only by two small windows and a
partially glazed door in the application building. Although the application property
has consent for residential use, no external alterations were proposed, with no
larger, or additional windows on this elevation able to overlook the property
opposite. Furthermore, if the extant residential permission was implemented, the
applicants would have to seek planning consent for the insertion of any further
windows following the removal of permitted development rights. In contrast, the
proposed extension would introduce, at ground floor level, French doors serving a
dining area, and a window serving a kitchen. At first floor 2 No. windows are
proposed, one serving a bathroom, and one serving a bedroom – the latter of which
could be conditioned to have obscured glazing.
9.11.
The block plan on the submitted details show the distance between the rear
elevation of the application property, and No. 4 Fold Lane to be 8 metres, 1 metre
less than between the original rear elevations of dwellings on the row. The
development would allow close proximity views between habitable room windows.
Policy 3 in Appendix F of the Local Plan states that except in special circumstances
extensions will not be acceptable where they include windows to habitable rooms
with an unrestricted view within 21 metres of any habitable room windows in any
surrounding residential properties. In some instances shortfalls in distances
between elevations can be acceptable, particularly where the character of the area
is derived from the close proximity of dwellings. However, it is considered that the
proposal would result in an unacceptable loss of privacy to the occupants of No. 4
Fold Lane; a loss which there are not considered to be any exceptional
circumstances to allow, and the proposal is therefore fails to meet the requirements
of Local Plan Policy H19.
9.12.
The occupants have also expressed concerns over the development with relation to
overshadowing and loss of sunlight. The rear amenity areas of the dwellings on
Gibb Street and Fold Lane differ from others. Whereas the rear access routes
between terraces in other parts of the Conservation Area are through routes from
one end to the other, the Gibb Street/Fold Lane terraces are blocked at the northern
end by dwellings which face onto Keighley Road. As such, through access is
gained via alleyways between No’s. 3 and 5 Gibb Street, and No’s. 2 and 4 Fold
Lane. As such, the rear of the application property, along with surrounding
property, is enclosed to all sides. The site as existing, being single storey, currently
allows the infiltration of daylight and sunlight to the rear elevations and rear amenity
areas. The proposed extension would minimise this existing permeation of light,
and being to the west of No. 4 Fold Lane, would result in some loss of evening
sunlight to the rear elevation of this property. Yet the extension would not directly
obstruct neighbouring windows, and would not result in a level of overshadowing of
amenity areas largely beyond that which already occurs as a result of the existing
dwellings in the vicinity. It is considered therefore that the development would not
have an unduly detrimental impact on the amenity of neighbouring properties.
9.13.
Highway safety;
9.14.
The change of use of the existing business to a residential unit has already been
established in principle, yet the proposed development would enlarge the site, and
create a two-bedroom dwelling in this instance. Nevertheless, the terraced nature
of this part of Cowling necessitates on-street car parking, and the Local Highway
Authority do not wish to impose restrictions on the grant of permission.
Furthermore, Gibb Street is an unadopted road, yet the Local Highway Authority
state that they could not sustain an objection to a proposed change of use or
enlargement of an existing dwelling. The proposal therefore meets the
requirements of Policies H3, H19, BE11 and BE14 with regards to Highway Safety.
10.
Recommendation
10.1.
Refusal