S Bottomley Site: Puddavine House, Ashburton Road, Dartington, Totnes, TQ9 6EU Application No: 14/0610/01/F Date Received: 9th April 2001 Agent: Martin Cox 7 Fortescue Road Paignton Devon TQ3 2BZ Applicant: The Court Group Development: Provision of twelve close care units LA NE Dra in Case Officer: DA RT IN GT ON Issues Sinks S WA N TO UR HB AS AD RO 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. 2001 min g Swim Pool Scale 1:2500 For internal reference only – no further copies to be made DC0901MW LL O E LD WFI S Policies Countryside Consultations Devon County Council – County Highways Authority No objection South West Water No objections Environment Agency No objections Environmental Health Section Prefer a package treatment system to the proposed septic tank Parish Dartington Parish Council make the following observations:No objections - tree protection regulations to be observed Letters of representation are included in the Members’ bundle Case Officer Report The Application Site and the Proposal Puddavine House is situated on the A385 Road between Totnes and Dartington. It is in open countryside as the Totnes development boundary ends at Dartington Lane, 190m south of the site. Puddavine House comprises an old country house which has been extended and converted into a residential and nursing home for the elderly. It is owned and managed by a company whose offices are in a converted outbuilding (Puddavine Cottage) at the rear of the house. There is an access off the A385 road into a car parking area at the front of the house from which a private drive runs through landscaped grounds to the rear. The proposal is to erect a new building at the rear (north) side of the house. The new building will be 3 stories in height and will provide 12 close care apartments. Each apartment would have a lounge, kitchen, hall, bedroom and bathroom accessed from landings served by staircases and lifts with a communal rest room on the ground floor. Two hard standings for 12 cars and 4 cars are proposed off the access drive. A septic tank and land drainage system is proposed in the grounds on the west site boundary. The intention is to sell/lease or rent the units to persons with a minimum age of 55 upwards who may or may not be self sufficient. The existing residential home will provide meals and any nursing care should this become necessary with the opportunity for residents to progress to the residential/ nursing home at a later date. A letter from the agent which explains the intentions is in the Member’s bundle of letters together with two letters, one in support and one objecting. DC0901MW Analysis This is an application for housing development in the countryside outside the Totnes and Dartington development boundaries. The determination of the application should be made in accordance with the development plan policies unless there are material considerations which indicate otherwise. The Structure Plan policy S4 requires development in the open countryside to be strictly controlled and only provided for where consistent with the plan. The Structure Plan housing policy for the countryside is policy H4 which only permits residential conversions or agricultural dwellings. The Local Plan policy is SHDC3. This lists 11 categories of development which are permitted in the countryside with a requirement that these must have little impact on the character appearance, wildlife or amenities of the area. The only categories of residential development permitted under this policy are conversions and agricultural dwellings. The proposal is therefore contrary to these policies and should be refused unless material considerations indicate otherwise. The material considerations put forward by the applicants are that the site is already in use for elderly residential care and that these flats will be restricted to sale or let to those aged 55 and over. These residents would be able to take meals in the main home and would be able to call on the medical and social facilities offered by the main home. When the time came they would then be able to move into the main home. This is a good concept and if the site was in a development boundary, or if at some future date it was to be included within a development boundary, then the application would be supported. However, these considerations do not justify making an exception to policy to accommodate an age group which in today’s society is still active, mobile, and could reasonably be expected to find appropriate accommodation within Totnes or Dartington. The same could not be said for elderly people needing nursing care which justified the extension to the original home. The erection of a 3 storey high building of 12 apartment flats will be visible from the A385 past the site and from the open field crossed by a public footpath on the north west side of the site. There is a line of trees (mainly Eucalyptus) adjacent to the site which are proposed to be retained to screen the building from this direction. There are also walnut, horse chestnut and smaller trees and shrubs within the site affected by the parking proposals. The tree and wildlife officer is concerned about the effect of the building and parking areas on the trees on the site. Most importantly, he considers that the Eucalyptus trees are likely to be damaged during construction and under pressure in the long term to remove them because of their proximity to the apartment flats. The impact of the building on the appearance of the locality will be significant if the tree screen is lost. In conclusion, there is a fundamental objection to the application on policy grounds irrespective of the amenity objection, but the likely loss of the tree screen and the exposure of this high building to the open fields and A385 road is a second valid objection to the proposal. DC0901MW Human Rights Act The development has been assessed against the Human Rights Act, and in particular the applicant’s rights as property owners. These rights have been balanced against the wider community interest in the need to protect open countryside. Recommendations Refusal Reasons for refusal 1 – The proposed development is contrary to Structure Plan policies S4 and H4 and South Hams Local Plan policy SHDC3. 2 – The proposed development will have an adverse impact on the appearance of the locality. DC0901MW