Case Officer: D Kenyon Site: 49 South Ford Road, Dartmouth, Devon, TQ6 9QT Application No: 15/0768/02/F Date Received: 25th April 2002 Agent: Circa Design 117 Fiztroy Avenue Harborne Birmingham B17 8RG Applicant: Mr B J & E Boughton Development: Construction of garage and access Play Guildhall OAD IA R TOR VIC 8m s TCB 71 .94m AD D RO FOR 83 50 Mariners' H SOU T 60 17.4m Homes 29 4.6m BM 1 6 65 Sink 3.7 BM 61 1 55 Area 14.0m 2 51 39 1 47 73 55 67 Spindle 49 9.1m wood 65 51a 21 73a 73b ing s 57 Stone ide Stepp Ways 56 50 52 54 BM 55.2m 48.38m 39 BM 57.88m \ This map is reproduced from the Ordnance Survey material with the 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 or civil proceedings. South Hams District Council. LA 079391. 2002 Scale 1:1250 For internal reference only – no further copies to be made Cttee 26.06.02 DC0901MW 62.5m BM 66.50m < Policies Development Boundary Area of Outstanding Natural Beauty Consultations Devon County Council – County Highways Authority No objections in principle to parking provision but requires improvements to visibility and manoeuvring space South West Water No objections Environment Agency No objections Environmental Health Section No objections Town Dartmouth Town Council make the following observations:Approval Case Officer Report The Proposal This is a detailed application seeking the partial demolition of a stone boundary wall abutting the County highway and providing a new garage (6m x 5.8m) built into an existing bank. The garage will be set back some 2.0m from the highway edge with new returning flank walls constructed using reclaimed natural stone. New access steps are proposed to the side of the garage linking the garage to the dwelling which is sited at a higher level. Analysis The site is located to the south of South Ford Road where the general character of development in the immediate vicinity is of dwellings set back from the road frontage at a higher level with high stone walls abutting the highway. The general character of development on the northern side of South Ford Road is of buildings immediately fronting the highway. This is also reflected on the southern side of South Ford Road further to the east closer to the junction with Smith Street and Crowther’s Hill. Several properties in South Ford Road do have garages or vehicular hardstandings within their curtilage. Along the frontage of the application site and adjoining land, high stone walls front the highway which generally help to reflect the traditional character of the street scene. Whilst the site and immediate surrounds do not lie within the Conservation Area, they are within the Area of Outstanding Natural Beauty and form an important contribution to the appearance and character of the area. The high stone walls are locally distinctive features of the locality and the removal of the wall and creation of the new access and Cttee 26.06.02 DC0901MW garage is considered to damage the character and appearance of the locality and create an undesirable precedent for further removal of historic (if not protected) stone walls. The County Highway Engineer raises no objections to the principle of providing parking facilities to serve 49 South Ford Road. No details have been submitted as to how surface water will be discharged, so that none goes onto the highway and any grant of planning permission should be subject to a condition reflecting this matter. As submitted, the proposed garage frontage will be some 4.6m from the front wall of the dwelling on the opposite side of the road. This will make turning in and out very difficult; normally a depth of 6.0m is sought to provide adequate manoeuvring space. This is further exacerbated by the wing/flank walls not being set at 45o to the carriageway, which will result in restricted visibility. (Members are asked to note that if the applicants did propose 45o visibility splays, this would involve a greater amount of demolition to the existing stone boundary wall than currently proposed). As submitted, therefore, the County Highway Engineer raises concerns about the proposal although not to the principle of the proposed scheme. Human Rights Act Due regard has been given to the provisions of 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. Whilst it is acknowledged that no objections have been raised by the Town Council or through third party letters of representation, in arriving at a recommendation, the rights of the applicants have been balanced against the wider community interests as expressed through the Development Plan and Central Government guidance. This application is placed before the Development Control Committee for determination because Ward Members have declared an interest. Recommendations Refusal Reasons for Refusal 1. The existing high stone wall fronting the highway is an important locally distinctive feature of the locality. The removal of part of the wall and the creation of the new access and garage will damage the character and appearance of this part of the Area of Outstanding Natural Beauty and will create an undesirable precedent for further removal of historic (if not protected) stone walls, thus contrary to the adopted Development Plan Policies C2, C4, C7, C11, SHDC1 and SHDC15; the emerging Local Plan Policies DEV2, DEV23 and ENV2; and relevant Central Government guidance. 2. The proposed development would create conditions of danger to road users and pedestrians because of restricted visibility and insufficient manoeuvrability for vehicles entering or leaving the site, thus contrary to adopted Development Plan Policies T19 and SHDC1; Local Plan Policy DEV19; and relevant Central Government guidance. Cttee 26.06.02 DC0901MW