Planning Committee - 04/12/2014 Application Number W/14/02256/PP Site Address Beechwell, Himbleton, WR9 7JY Description of Development Roof raise and loft conversion to existing bungalow Case Officer James Hodgkins Applicant Mr M Perret Parish Himbleton Agent Moduloft Ltd Ward Member(s) Cllr Mrs Margaret Rowley Reason for Referral to Committee Expiry Date Ward Member referral Key Issues - General layout and design - Landscape and visual impact - Impact on heritage assets - Highway safety - Impact on residential amenity - Nature conservation - Flooding and drainage Recommendation Approval 08/12/2014 1. SITE DESCRIPTION AND DETAILS OF PROPOSAL The application site is a detached bungalow, located on the Dunhampstead to Himbleton Road, Saleway, Himbleton. The Bungalow, known as Beechwell, is situated on the South Western side of the road, there are two neighbouring cottages, Walnut Cottage and Pear Tree Cottage, located directly opposite to the North, with a distance of roughly 16 metres between Beechwell and the cottages from the nearest points. Located to the East at a distance of approximately 30 metres there is an adjoining neighbouring dwelling known as Orchard View. There are no direct neighbouring properties to the west or south of Beechwell, this is currently open fields and agricultural land. There is a high hedging boundary to the north (front) of the property, tall close boarded fencing on the eastern boundary to Orchard View, and a variety of tall trees and hedging to the southern (rear) and western boundaries. The proposed development seeks permission for raising the roof of the existing bungalow and the conversion of the loft space, in order to create a two storey dwelling. The development would include the installation of three dormer windows, two to be positioned on the front elevation and one to be positioned on the West side elevation of the East wing. The proposal also includes the installation of glazing on both the rear and front gables and the installation of 12 velux - or similar grey finish - roof lights. Finally the proposed eaves height of the roof raise will remain the same as the current dwelling, at a height of 2.4 metres. Due to these important features it is considered that the proposed development can be categorised as a proposal for a two storey dormer bungalow style dwellinghouse. With regards to the street scene and characteristics of the site, Saleway Hamlet consists of a mix of two storey dwellings amidst vast agricultural land. The dwelling itself resides on a large plot of land with a red line area equating to roughly 1335 square metres, there is existing vehicular access that will not be affected by the proposed development and a sufficient amount of off road parking, as highlighted by the site plan submitted. The following documents have been submitted as part of the application: - Design and Access Statement - Phase 1 Habitat Survey/Ecological Survey - Water Management Strategy 2. PLANNING POLICY AND LEGISLATIVE FRAMEWORK The Development Plan The determination of a planning application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990. Section 38(6) requires the local planning authority to determine planning applications in accordance with the development plan, unless there are material circumstances which 'indicate otherwise'. Section 70(2) provides that in determining applications the local planning authority "shall have regard to the provisions of the Development Plan, so far as material to the application and to any other material considerations." The development plan consists of the Wychavon District Local Plan 2006 and the Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027. This follows the revocation of the West Midlands Regional Spatial Strategy and saved Worcestershire Structure Plan policies on 20 May 2013. Wychavon District Local Plan (WDLP) On 29 May 2009 the Secretary of State wrote to confirm that various policies in Wychavon District Local Plan were 'saved' under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004. The following saved policies are relevant to this application: GD2 (General development control) ENV1 (Landscape character) ENV6 (Protected Species) ENV7 (Protection of Wider Biodiversity) ENV18 (Development in Areas of Low to Medium Flood Risk) SUR1 (Built design) SUR6 (Extensions To Buildings) Government Policy National Planning Policy Framework 2012 Planning Practice Guidance 2014 Town and Country Planning (Environmental Impact Assessment) Regulations 2011 Other Material Planning Considerations Planning and Wildlife SPD 2008 Water Management SPD 2009 Water Cycle Strategy 2010 Residential Design Guide SPD 2010 South Worcestershire Development Plan (SWDP) Wychavon, in partnership with Worcester City and Malvern Hills District Councils, submitted a replacement local plan, the SWDP, to the Secretary of State in May 2013. The examination of the SWDP commenced in October 2013. SWDP1 (Overarching Sustainability Principles) SWDP21 (Design) SWDP22 (Biodiversity and Geodiversity) SWDP25 (Landscape Character) SWDP29 (Sustainable Drainage Systems) Relevant Legislation Wildlife and Countryside Act 1981 Town and Country Planning Act 1990 (as amended) Human Rights Act 1998 Planning and Compulsory Purchase Act 2004 Natural Environment and Rural Communities (NERC) Act 2006 Planning Act 2008 The Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended) The Conservation of Habitats and Species Regulations 2010 Equality Act 2010 Flood and Water Management Act 2010 Localism Act 2011 Local Information None 3. RELEVANT PLANNING HISTORY W/85/01241 Two portable timber stables Approved 16/10/85 W/89/02095 Domestic front and rear extensions Approved 24/11/1989 W/90/00555 Detached garage and new access Approved 15/05/1990 PA/09/01529/AD Proposed extension UNK 03/07/2009 W/09/02485/PP Proposed first floor extension to bungalow to form dormer bungalow Invalid 03/12/2009 Pre-application Engagement In 2009 pre application advice was sought for the creation of a first floor level. Although the Planning Officer expressed concerns over some elements of the proposal, it is however noted that the Officer acknowledged that the principle of creating a first floor could be viewed as acceptable. Public Consultation None 4. CONSULTATION RESPONSES Saleway Parish Council: Objections: - Significant increase in height with roof pitches that are out of keeping with the character of the building and the surroundings. - As the site is on higher ground than Walnut Cottage and Pear Tree Cottage it will overshadow the properties causing a significant reduction in the light in downstairs rooms. - The two dormer windows will directly overlook Walnut Cottage. - The property will be overdeveloped. This property was originally a 2-bed-roomed bungalow, it has already been extended to 3 bedrooms and exceeds its original floor area by 100%. - The village needs to maintain a mix of dwelling types and the Parish Council is concerned that properties are being overextended reducing the number of smaller affordable properties in our village. County Highways Authority: No objection to the grant of permission. 5. REPRESENTATIONS RECEIVED Objectors Four communications of objection have been received from the following objectors: Mr and Mrs Cornelissen, Walnut Cottage, Saleway Himbleton, WR9 7JY Emma Steed, Pear Tree Cottage, Saleway Himbleton, WR9 7JY Yuleen Jewell, Tudor Court, Saleway Himbleton, WR9 7JY Gwen Greenwood, Rose Cottage, Saleway Himbleton, WR9 7JY Supporters One communication of support has been received from: Gwen Greenwood, Rose Cottage, Saleway Himbleton, WR9 7JY 6. Representations Made In opposition The material planning objections raised have been summarised to include concerns that: - The site is located on significantly higher ground than the opposite properties; - The opposite existing surrounding dwellings will be dwarfed by the proposed development; - There will be a loss of light and loss of privacy of the opposite cottages; - The raising of the roof and addition of Dormer windows is not in keeping with the surroundings and rural landscape; - The property is overdeveloped and oversized, with a very steep roof pitch; - There will be insufficient parking space; - The roof pitch is not in keeping with the character of the existing building; - The proposed development would dominate the street scene - There are a lack of Bungalows within the hamlet and the proposed development would reduce the mix of dwellings. - There will be an obstruction of views for neighbours - The proposal will not contribute to the countryside scene In Support The material planning support for the proposal has been summarised by the case officer to include: - No problem in principle with the application. Applicant's Comments It is firstly highlighted by the applicant that many of the dwellings within the Saleway Hamlet have been greatly extended since 1965; two of which, Orchard View and The Gables, have also been converted from bungalows to two storey dwellings. With specific attention given to Orchard View, the applicant highlights that the proposed roof raise for Beechwell will only reach a height of 6.7 metres, this over half a metre shorter than the comparable Orchard Cottage which stands at an approximate height of 7.3 metres. Due to the extensions of the surrounding properties in the Hamlet it is recognised by the applicant that Beechwell is now both surrounded and overlooked by large two storey cottages and dormer bungalows. With regards to the street scene the applicant believes Beechwell currently appears dwarfed and can be considered to look both out of place and outdated in within the street scene and surrounding setting. The applicant recognises that Beechwell is sited on higher ground than the opposite cottages however consider the difference in gradient to be slight, with the road level approximately 50cm lower than the level of Beechwell's front door and The original stone part of Walnut Cottage approximately 30cm lower than the road. In addition to this the applicant indicates that Beechwell is set well back from the road and is several metres away from the opposite dwellings, the applicant therefore considers that the proposed roof conversion would have little or no affect on the light or privacy of the neighbouring properties. The applicant has indicated that there would be a sufficient amount of off road parking available, with 4 car parking spaces available on the existing car park area and a further 2 on the paved area outside the front door. Finally the applicant believes that the intension of the proposed extension is to enhance the appearance of Saleway Hamlet, not detract from it. 7. OFFICER APPRAISAL The following material planning issues are relevant to this application: - General layout and design Landscape and visual impact Access and Highway issues Impact on residential amenity Nature conservation Flooding and drainage Layout, Scale and Design Saved Local Plan Policy SUR6 (Extensions to Buildings) states that: Proposals will be permitted for extensions to buildings where: a) their scale is subservient to the original building; and b) they harmonise with the character of the existing landscape or streetscape; and c) there is no adverse effect on the amenity that neighbouring residents could reasonably expect to enjoy; and d) they do not result in an unacceptable reduction in either: i. private amenity space (for residential extensions); or ii. ancillary operational space (for non-residential extensions); or iii. the local supply of smaller residential units. The proposed extension would raise the roof of the bungalow to approximately 6.5m in height. Whilst this is a significant increase upon the original height, the applicant has reduced the eaves height to approximately 2.4m. This gives the impression of a dormer bungalow appearance. The proposal to increase the height of the roof is considered significant and is not considered to be subservient to the original property. Therefore, the proposal would fail to comply with criterion a). of Policy SUR6. It is also noted that planning permission was granted for front and rear extensions in 1989 and a new detached garaged allowed in 1990 and these additions are considered in terms of the cumulative impact of additions to the bungalow. The original bungalow is a relatively plain building, which lacks high quality architectural design features. It is also considered that the property fails to make a positive contribution to the street scene. Therefore, it is not considered that the extension (also taking into account previous additions) would represent a significant harm to the character and appearance of the original property or the immediate surrounding built environment. It is considered that the proposed extension would be in accordance with criterion b). As previously indicated, Saleway Hamlet consists of a mix of two storey dwellings amidst vast agricultural land. Many of the existing dwellings in the hamlet have been extended, most notably Orchard View and The Gables have been converted from single storey bungalows to tall two storey dormer bungalows, similar to that proposed by Beechwell. Due to the two storey profile of dwelling houses surrounding Beechwell, the current appearance of the bungalow could be considered to be out of character with the street scene. Therefore, it is considered that the proposed development would be seen on the same context of the street scene and would not appear out of character with the surrounding building environment. The proposed materials include dark wood uPVC windows, Velux, or similar grey finish, roof lights and Jacobean / Mixed Russet interlocking plain tile and Forticrete Donard tiles. These are also considered sympathetic to the architectural design of the existing dwelling and characteristics of the street scene. It is considered that the proposal accords with criterion c). in terms of residential amenity. This is discussed in more detail below. Taking into account the above, it is considered that the proposed extension would be appropriate with regards to design. Access and Highway Safety The County Highways have raised no objections on the proposal. Therefore, it is considered that the proposal would not have an impact upon highway safety and would have sufficient space on site for parking and turning. Residential Amenity Firstly there are no adjoining neighbours to the South or West of the dwelling. With regards to the adjoining neighbour to the East, Orchard View, 3 velux roof lights will be installed on the elevation that directly faces the dwelling. However, Orchard View is located at a distance of approximately 30 metres away from Beechwell and has no windows on the facing elevation. It is therefore considered that there will be no harm to the amenities of the adjoining neighbours with regards to overlooking or a loss of light. Secondly, with regards to the neighbouring property Walnut Cottage, the application site is set back significantly from the adjacent road. Specifically there is a distance of 14 metres from the new proposed window on the east wing gable, to the garden of Walnut cottage, this is considered a satisfactory distance to prevent overlooking. Thirdly, there is also a distance of 27 metres between the proposed dormer windows and the conservatory of Walnut Cottage. This is in excess of the 23 metres required by the Wychavon Residential Design Guide (SPD 2010) chapter 5.48. The dormer windows proposed would also exceed this 23m. It is noted that there is a distance of only 12 metres from the window on the front gable of the west wing to the nearest opposite window of Walnut Cottage. In order to reduce any potential impact with regards to a loss of privacy, it is recommended that a condition will be attached to obscure this window. The proposed extension is also considered to comply with the 25 degree exclusion zone (as set out in the Residential Design Guide SPD) from Walnut Cottage. Therefore, no objections are raised on overshadowing. Drawing together the above, it is considered that the proposal would not have an adverse impact upon the amenities of adjoining residential properties. Natural Heritage It is noted that this application site is situated close to a Local Wildlife Site (LWS) and within a landscape which is likely to offer foraging and commuting habitat for a number of different bat species. The proposed works include the removal of the existing roof and a conversion of the loft space, which could impact on areas often used by roosting bats. Notwithstanding this, it is considered that the scale and nature of the proposed works are not likely to have any significant impacts on the nearby Local Wildlife Site at Saleway Meadow. The ecological survey submitted is considered satisfactory. The property is in good condition with potential bat access points noted. However, no evidence of bat activity was found and the report concluded that the likelihood of bats being present and affected by the proposed development is very unlikely. It is therefore considered that the proposal would not have an adverse impact upon natural heritage. Flooding and Drainage The application site lies in Flood zone 1, which is at low risk from fluvial flooding. The proposed site does not lie in an area at any risk from surface water flooding. The Water Management Statement details that the proposed development will utilise the existing provisions for dealing with the disposal of surface water run-off and makes additional use of water butts on down pipes to be used in the garden and all new water use appliances will be low water use i.e. dual flush. It is therefore considered that the proposal will not have an adverse impact upon flooding or drainage. Human Rights Article 8 of the Human Rights Act 1998 (as amended) states that everyone has the right to respect for his private and family life. A public authority cannot interfere with the exercise of this right except where it is in accordance with the law and is necessary (amongst other reasons) for the protection of the rights and freedoms of others. Article 1 of Protocol 1 of the Act entitles every natural and legal person to the peaceful enjoyment of his possessions. The law provides a right to deny planning permission where the reason for doing so is related to the public interest. Alternatively, having given due consideration to the rights of others, the local planning authority can grant planning permission in accordance with adopted policies in the development plan. All material planning issues raised through the consultation exercise have been considered and it is concluded that by approving this application the council will not detrimentally infringe the human rights of an individual or individuals. Conclusion The proposed extension is considered to be subservient to the original bungalow. Notwithstanding this, it is not considered that the extension would have a significant harm upon the character and appearance of the original bungalow or the surrounding built environment. The proposal is also considered acceptable with regards to residential amenity; natural heritage, highway matters and flooding and drainage. The proposal is therefore considered to represent sustainable development. 8. RECOMMENDATION Approval 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason - In accordance with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. The materials to be used in the construction of the external surfaces of extension hereby approved shall match those used in the existing building. Reason - To ensure that the proposed works are executed in materials, which harmonise satisfactorily with the existing building. This is in accordance with saved Local Plan Policy SUR1. 3. Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter. Reason - To ensure that an appropriate sustainable drainage system is provided to serve the development and to reduce the consumption of water. This is in accordance with the SPD on Water Management. 4. Prior to the first occupation of the extension hereby permitted the new first floor gable window on the front elevation shall be fitted with obscured glazing and shall be permanently retained thereafter. Reason - To protect the amenities of adjoining/nearby properties from unacceptable overlooking/loss of privacy in accordance with policy GD2 of the Wychavon District Local Plan (June 2006). 5. The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No. - 1131157.v5 - 001A, 002, 002C, 003, 005B. Reason - To define the permission. Notes: Positive and Proactive Statement In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice; - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.