Case Officer:
G Dimeck
Site:
Wavelet, Challaborough, Kingsbridge, Devon, TQ7 4JB
Application No:
05/1825/01/F
Date Received:
1st November 2001
Agent:
Brimble & James 8 Ramage Close Earlswood PLYMOUTH Devon
PL6 8SQ
Applicant:
Mr P Manley
Development:
Erection of new dwelling
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This map is reproduced from the Ordnance Survey material with the
permission of Ordnance Survey on behalf of the Controller of Her
Sand
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
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For internal reference only – no further copies to be made
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Policies
Area of Outstanding Natural Beauty
Coastal Preservation Area
Countryside
Consultations
Devon County Council – County Highways Authority
No comment
South West Water
No objection in principle
Environment Agency
No objection
Environmental Health Section
No objection
Parish
Bigbury Parish Council make the following observations:No objection but consider a single storey dwelling would be a more appropriate
design solution in this location. Express concern about the height of the proposed
garage
Ringmore Parish Council make the following observations:Would not wish to see any development which because of its scale, height or siting
would have a detrimental effect on other dwellings in the valley
Case Officer Report
Proposal and Site Description
Application proposes the erection of a new dwelling on the site of a fire-damaged
bungalow in Challaborough. A detached garage is also proposed to the front of the new
dwelling.
A single storey dwelling with rooms within the roof space is proposed. The site rises up
to the south and is bordered by an established hedge along that boundary. Beyond are
two detached bungalows, “The Rickle” and “Donareena”, which sit at the level above the
application site.
To the north the site is bordered by the bungalow, “Follyfoot”, which sits at a level lower
than the application site.
Relevant Planning History
1.
09/05/0106/94/3 Reinstatement of former bungalow – Conditionally
approved in March 1994.
A detailed consent authorising the erection of a 19m x 9m x 6.1m high bungalow
with accommodation within the roof space.
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2.
09/05/0303/98/3 Erection of replacement bungalow – Refused in April
1998.
A detailed application seeking permission for a 19.6m x 9.8m x 7.4m high
bungalow with accommodation within roof.
Concerns included scale and
landscape impact.
3.
05/1412/99/F
January 2000.
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Erection of replacement bungalow – withdrawn on 10th
Policies
Structure Plan Policy C4 –
Area of Outstanding Natural Beauty. Accords priority to
the conservation and enhancement of the natural beauty of the area over other
considerations. Development may be provided which would foster the social and
economic well-being of the area where it is compatible with the aims of conservation.
Structure Plan Policy C7 Coastal Preservation Area. Limits new development to
that of a minor nature where such development would not detract from the unspoilt
character and appearance of the coastal area.
Local Plan Policy SHDC3 Provides for limited development in the countryside
where there would be little adverse impact on the character, appearance or amenities of
the area. Normally new dwellings would expect to be associated with agriculture.
Analysis
The planning history on this site is a material consideration to the current proposal. Since
the original property was damaged by fire in 1992 a planning permission has been
granted for its re-construction (1994 consent – expired March 1999) and discussions with
planners have continued throughout the intervening period to secure an acceptable form
of residential re-development on the site (applications in 1998 and 1999). In 1997 a
planning permission was granted for the siting of a caravan for residential occupancy
during the construction of the replacement dwelling, (ref: 09/05/0951/97/4).
Challaborough lies outside any defined Village Development Boundary. Normally, a
planning policy objection would be raised to the erection of any new dwelling. In this
instance however, it is not considered that the lawful residential use of the site has been
abandoned. Accordingly the erection of a replacement dwelling on the same site, may
be considered to be consistent with plan objectives, subject to the visual appraisal of
detailed matters such as scale, design, siting, materials and effect on neighbouring
properties.
Since the original consent in 1994 the South Hams Local Plan has been adopted and the
Third Alteration of the County Structure Plan. However, in terms of the planning policies
for the area, there has been no material change in relation to this proposal.
By way of comparison the dwelling now proposed is 10cm higher than that approved in
1994, approximately 50cm longer and 40cm narrower. The design approved originally
featured a stepped ridge, and proposed room in the roofspace of the tallest part of the
building. Approved slab level was to accord with that of the original fire-damaged
dwelling.
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The dwelling now proposed is to be set with finished floor level 1 metre below that of the
original bungalow. Officers have been unable to agree the further lowering of finished
floor level. It should be noted that a lower ridge level than that originally approved, will
result.
External materials of finish will comprise natural slate to the roof, render to the walls, and
natural stone to the chimney stack and entrance porch. The new garage will be finished
with the same material.
The new buildings are proposed to be set off 2.5 metres from the site boundary with
“Donareena” and “The Rickle” to the south. Having regard to the distance between
properties, the screening provided by the existing hedge, the arrangement of the roof
running off that boundary, and the lowered floor and ridge level when compared to the
original planning approval, it is not considered that the outlook from adjacent properties
will be affected to a material degree.
In conclusion it is considered that a building of improved appearance is now proposed
which will secure a visual enhancement to this part of the area of Outstanding Natural
Beauty.
Human Rights Act
The development has been assessed against the Human Rights Act, and in particular the
applicant’s rights as property owner under Article 1 of the First Protocol and Article 8 of
the Act, namely the rights as landowner to the peaceful enjoyment of property and the
respect of private and family life. In arriving at the Officer Recommendation these rights
have been carefully weighed against the wider community objectives of the Development
Plan Policies reviewed, and the rights enjoyed by adjacent property owners.
Recommendations
Conditional approval
Conditions
1 - NS03 (Standard NS3)
2 - NH02 (Revised Plans. NH2)
3 - Non Standard
Levels
4 - NA23 (Natural Slate. NA23)
5 - NA10 (Stonework. NA10)
6 - NJ07 (Rooflights. NJ7)
7 - NE06 (Retention of Bank. NE6)
8 - NB30 (Exclusion of G.D.O. NB30)
9 - Non Standard
Balustrade
10 - Non Standard
Hedge Protection
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