Date of Meeting: 1st February 2006 Reference No: Proposal: Location: Applicant: Agent: Date Received: Case Officer: Recommendation: Parish/Ward: Clewer Agenda No. 6 North Ward 05/03154/FULL Full Erection of new entrance gates with brick walls and piers Old Mill House Mill Lane Windsor Berkshire SL4 5JQ The Hobson Trust SCS Designs 15th December 2005 Michael Byrne REF Planning Context: Excluded Settlement Flood Plain Listed Building and Conservation Area. Sustainable Development Implications: None. LIST OF BACKGROUND PAPERS: 1. Main Relevant Policies Local Plan - DG1, F1, LB2 and CA2; and Structure Plan – DP5, EN4 and EN6. 2. Previous Relevant Decisions There is no previous planning history for the property that is considered relevant to these applications. 3. The Highway Authority The Highway Officer’s formal response is awaited although in discussion he recommends refusal until such time as the adopted highway rights are extinguished, as the proposal involves development across the highway, albeit close to where the private road to Old Mill House begins. 4. Rights of Way None affected. 5. Neighbour Notification Responses Six letters of objection have been received from adjoining neighbours. The objections are that: the proposal would result in a dangerous turning head adjacent to a slipway; problems for emergency vehicles; the reduced parking would impact on the adjoining dwellings; delivery vehicles would cause disturbance when waiting for access through the gates; and pollution and disturbance caused by manoeuvring vehicles outside the adjoining dwellings. (i) (ii) (iii) (iv) (v) 6. Conservation Department The Conservation Officer considers that the proposal would not preserve the setting of the Listed Building nor preserve the character and appearance of the Conservation Area. The Conservation Officer therefore recommends refusal. REMARKS This application has been promoted to Panel at the request of Cllr. Gliksten on the grounds that, due to the amount of public interest in this proposal, the application requires a public examination. The Site 1. Old Mill House is a Grade II Listed Building located at the end of Mill Lane and close to the northern edge of the Clewer Conservation Area. Immediately adjacent is the Mill Stream with the main river Thames further to the north. The property lies within a settlement that is excluded from the Green Belt and lies within Zone 3 (High Risk) of the Flood Plain. The Proposal 2. Permission is sought for the relocation of some existing wrought iron gates, with new walls and pillars built to the front of the property. These would be on part of the adopted highway at the end of Mill Lane. Principal Issues: 3. The main issues in determining this application are considered to be: a. the effect on the character and appearance of the Conservation Area and the Listed Building; b. the impact on the highway; and c. the impact on the residential amenities of the neighbouring properties. a) The effect on the character and appearance of the property and on the Conservation Area and Listed Building. 4. The Old Mill House is a Grade II Listed Building and lies within the Clewer Village Conservation Area. The house has a large wing built in the 1970’s located on the Mill Stream frontage. It is considered that the proposal would result in some improvement to the setting of the buildings on the site by creating a more spacious entrance with a better co-ordinated design of gates and walls. 5. Of concern though is the detailed appearance to the proposed walls. It is considered that the proposed use of render on the new walls would not reflect the character of the existing dwelling. A red brick would be more suitable in that it would match the house beyond and would blend in better and be more in character with the existing walls in this part of the Conservation Area. The proposed 2m high rendered wall on the right hand side would abut onto an existing 1.8m high wall. It is considered that as the gates are moved further away from the house the gates and walls should match the height of the lower walls on the approach to the property where the two would join. The relocated wrought iron gates would be much more prominent in the new alignment and it is considered that the side gate should better reflect the design of the main gates. c) The impact on the highway. 6. The gates and supporting walls would be across an adopted highway and the applicant has not submitted any evidence that the highway rights have been extinguished. It is an offence to block a highway and the Highway Officer has in discussion recommended refusal until such time as the highway rights have been extinguished. a) Neighbouring residential amenity. 7. The concerns of the neighbours are acknowledged and it is accepted that the proposal would to some extent reduce the sense of openness enjoyed by the residents of this end of Mill Lane. It is nevertheless considered that as the gates are wrought iron the loss of a sense of enclosure would not be significant. It is also considered that the proposal is not so excessive in height so as to be visually intrusive in a significant way. Conclusion: It is considered that the gates, pillars and walls would not cause significant harm to the amenity of the adjoining properties. However, it is considered that the proposal would not preserve the setting Listed Building or preserve the character or appearance of the Conservation Area. An informative can be added to the refusal notice to draw the applicant’s attention to the need to extinguish the highway and obtain any other necessary consent(s). Recommendation : Subject to the formal response from the Highway Officer being received, it is recommended that permission be refused for the following reason: Conditions and Reasons ^CR;; 1 In the opinion of the Local Planning Authority, by virtue of the height of the new wall where it would abut the existing brick wall, the use of render rather than brick, and the details of the gates in this more visually prominent alignment,would harm the setting of the Listed Building and would not preserve the character and appearance of the Conservation Area. As such the proposal would be contrary to Policies LB2 and CA2 of the Royal Borough of Windsor and Maidenhead Local Plan (Incorporating Alterations Adopted in June 2003) and Policy EN4 of the Berkshire Structure Plan 2001 - 2016 (Adopted in July 2005).