CA//17/02777/FUL. Scale 1:1,250. Planning Services Canterbury City Council Military Road Canterbury Kent CT1 1YW

Transcription

1 O CA//17/02777/FUL Scale 1:1,250 Map Dated: 15/03/2018 Planning Services Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 16 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//17/02777/FUL Rear of 40 Dargate Road, Yorkletts, Whitstable, CT5 3AD Proposed detached two-storey dwelling with associated parking and repositioning of existing stables. FULL APPLICATION DATE REGISTERED: 08 December 2017 TARGET DATE: 02 February 2018 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: OFFICER: WEBLINK: RECOMMENDATION: NOT LISTED NO Seasalter Mr & Mrs Farmer South East Architectural Services Ltd Chris Pragnell ents&keyval=_cante_dcapr_ Refuse SITE LOCATION AND DESCRIPTION 1. The application site is located within a larger area of open land to the rear of 40 Dargate Road, a two-storey detached dwelling located fronting the highway. The site currently accommodates a timber stableblock and an associated gravelled area. 2. This rural neighbourhood is characterised by a ribbon of housing following the line of Dargate Road and side roads such as Glen Walk and Ford Walk, beyond which lies open countryside. 3. The application site is located off the western side of Dargate Road. There are two dwellings in the vicinity which are set to the rear of properties fronting Dargate Road. RELEVANT PLANNING HISTORY 4. CA/17/ A proposal for 2no detached two-storey dwellings following demolition of the existing dwelling at 64 Dargate Rd, approximately 90m south east of this application site and following a similar building line, was refused in September 2017.

3 PROPOSED DEVELOPMENT 5. The application is for erection of a detached two-storey dwelling with associated parking, as well as repositioning of existing stables. CONSULTATIONS 6. CCC Environmental Health No objection, subject to conditions CCC Archaeology No objection Kent County Council Highways and Transportation - No comment Kent County Council Biodiversity Team - No objection REPRESENTATIONS: 7. Letters were sent to neighbouring occupiers and a site notice was posted. 1 letter of objection was received, raising concern over: Potential loss of outlook Potential impact on wildlife The Whitstable Society has objected to the proposal on the following grounds: Building in open countryside is unacceptable in principle One letter of support has been received from a neighbouring occupier Councillor Colin Spooner has written a letter of support DEVELOPMENT PLAN POLICIES: Canterbury District Local Plan 2017 SP1 Sustainable development SP4 Development directed to urban areas SP6 SAMMS: Thanet Coast and Sandwich Bay/Thames and Swale SPAs HD4 New dwellings in the countryside DBE3 Principles of Design DBE4 Future occupants living conditions LB5 SPA and Ramsar sites T9 Applies KCC s vehicle parking standards ASSESSMENT: 8. This application is reported to the planning committee as Councillor Spooner has requested that the application is determined by the Planning Committee on the grounds that the proposal represents sustainable development. 9. The relevant considerations in the determination of this application are: Principle Character and appearance Living conditions Highways, access and parking

4 Principle 10. Policies SP1 and SP4 support residential development within sustainable locations. Policy SP4 sets out, in addition to the key sites identified in SP3, areas where residential development may be considered acceptable. The adopted Local Plan seeks to direct development to the urban areas of Canterbury, Herne Bay and Whitstable. Policy SP4 sets out the settlements outside the main urban areas where development may be acceptable. 11. Yorkletts is not identified as an area suitable for additional development in the Local Plan and the site is therefore considered to be located within the countryside where residential development is not permitted unless specific circumstance are met, which are set out in policy HD4 of the Local Plan. 12. Policy HD4 of the adopted Canterbury District Local Plan 2017 defines the specific circumstances in which new dwellings will be permitted in the countryside, including for rural workers; for the re-use of heritage assets; for the re-use of existing buildings; or for a new dwelling where the design of the development is of an exceptional quality or innovative nature. The proposed development does not meet any of the criteria set out in policy HD4 and there is no justification for allowing a new dwelling in this countryside location. 13. Whilst planning permission for residential development has previously been granted along Dargate Road this was prior to the adoption of the Canterbury District Local Plan In the 2006 Local Plan Yorkletts was identified as a village where minor residential development was acceptable in principle. This position has changed with the adoption of the 2017 Local Plan. Applications for planning permissions must be determined in accordance with the adopted development plan unless there are material considerations to suggest otherwise. 14. In this case the adopted Local Plan (2017) does not identify Yorkletts as being suitable for additional residential development, and the proposal does not meet any criteria set out in policy HD4 that would permit a new dwelling in the countryside. Furthermore, the Council can now demonstrate a sufficient five-year housing land supply. 15. In light of the above, the application site is not identified within the local plan as a sustainable location suitable for new residential development and is not considered to comply with any of the circumstances where new dwellings in the countryside are permitted in policy HD4 of the adopted Canterbury District Local Plan. Therefore the development is considered unacceptable in principle, contrary to policies SP1 and HD4 of the adopted Local Plan 2017 and the aims and objectives of the National Planning Policy Framework. Character and appearance 16. The National Planning Policy Framework states that planning should aim to ensure that developments function effectively and contribute to the overall quality of an area. Developments must respond to local character and history, reflect the identity of local surroundings and materials and should be visually attractive as a result of good architecture and landscaping. 17. Policy DBE3 of the adopted Local Plan requires new proposals to be of high quality design which responds to the objectives of sustainable development. Policy DBE3

5 also requires that development should be considered against a range of criteria including its visual impact, the form of the development in terms of the efficient use of land, layout, landscape, density and mix, scale, massing, materials, finish and architectural detail. 18. The application site is within open land which is considered to positively contribute to the rural character and appearance of the surrounding area. It is considered that the development of this open land would extend the built form, further eroding the countryside, which would result in an unacceptable impact upon the rural character and appearance of the surrounding area. 19. The proposed dwelling is a substantial detached property of traditional form with pitched roof set over two floors with integral garages and car port. The new dwelling is to be located to the rear of the existing 40 Dargate Road. There are examples of backland development in the locality, most notably numbers 56 and 64 Dargate Road which are located in line with the application site. 20. In summary, it is considered that the location of the proposed dwelling and garden would extend the built development into the open countryside which would have an unacceptable urbanizing impact on the open countryside. Therefore the proposed development is considered to be contrary to policy DBE3 of the Canterbury District Local Plan 2017 and the National Planning Policy Framework. Living conditions 21. The National Planning Policy Framework states that planning decisions should aim to secure a good standard of amenity for all existing and future occupants of land and buildings (paragraph 17). Policies DBE3 and DBE6 of the adopted Canterbury District Local Plan 2017 state that the council will consider the privacy and amenity of neighbouring buildings and future occupiers, including potential overshadowing, loss of outlook and loss of sunlight. 22. Policy DBE3 of the adopted Canterbury District Local Plan 2017 also states that development must avoid resulting in an unacceptable impact in terms of polluting elements such as noise, odour, light and air pollution. Policy QL12 states that when granting planning permission for development which could potentially result in pollution, the City Council will impose conditions or seek agreements to ensure subsequent mitigation measures are undertaken. 23. The application site sits to the rear of several dwellings which front Dargate Road. These have reasonably long have rear gardens. As a result, the proposed dwelling would be approximately 40m from the rear of the closest properties. Given the distance from neighbouring properties, it is considered that no unacceptable impact on neighbouring occupiers would result in terms of overshadowing, loss of outlook or loss of privacy. 24. Policy DBE3 of the adopted Canterbury District Local Plan states that the privacy and amenity of future occupiers of proposed development will also be considered. Policy DBE4 states that all new housing proposals should have an acceptable standard of accommodation in terms of internal layout, room sizes and amenity space. Residential accommodation should have regard to the minimum space standards set out in the Department for Communities and Local Government s Technical housing standards nationally described space standard.

6 25. According to the information submitted the proposed dwelling would be of would exceed the minimum space standards set out in the Department for Communities and Local Government s Technical housing standards. It would offer future occupants sufficient amenity space and outlook. 26. The proposal is therefore considered to accord with policies DBE3 and DBE4 of the adopted Canterbury District Local Plan 2017 in terms of living conditions. Access and parking provision 27. Policy T9 of the adopted Canterbury District Local Plan states that Kent County Council s guide to residential vehicle parking will be applied when assessing new development. Policy DBE3 of the adopted Canterbury District Local Plan 2017 states that when assessing design quality, safe movement within and around a proposed development must be a consideration. 28. The proposal would make use of an existing access and driveway. It offers sufficient parking provision. In light of the above, the proposal is considered to accord with policies DBE3 and T9 of the adopted Canterbury District Local Plan Trees and ecology 29. Section 11 of the NPPF and policy LB8 of the adopted Canterbury District Local Plan state that new development must give proper regard to and result in minimal impact on protected species, the general ecology and habitats within a development site, as well as on migratory networks. 30. Policy LB10 of the adopted Canterbury District Local Plan 2017 states that The City Council will refuse planning permission for proposals that would threaten the future retention of trees, hedgerows, woodland or other landscape features of importance to the site s character, an area s amenity or the movement of wildlife, unless the need for, and benefits of, the development in that location clearly out-weigh the loss; and, adequate mitigation and compensation measures can be agreed with the City Council and are fully implemented by the developer. 31. The proposal will largely occupy an area of hardstanding currently occupied by a stable outbuilding. The stable outbuilding is proposed to be relocated to the western end of the site. The Biodiversity Officer raises no objection to the proposal. Based on the submitted ecological appraisal, it is considered that the development would not unacceptably impact on ecology within the site and would not result in the loss of trees. 32. The site is located within the Strategic Access Management and Monitoring Strategy (SAMM) area for the Thanet Coast and Sandwich Bay; and the Thames, Medway and Swale SPA. The applicant has failed to enter into a unilateral undertaking for a financial contribution to be made as a suitable mitigation measure against the impacts of the proposed development on The Thanet Coast and Sandwich Bay SPA. Such mitigation measures are required under the provisions of the Habitat Regulations and Directive in order grant consent for development which, on the advice of Natural England, would affect the integrity of a European site. 33. As the applicant has not entered into a unilateral undertaking, the proposal is considered to be unacceptable in terms of paragraphs 17, 109, 114 and 118 of the National Planning Policy Framework; and policies SP1, SP6, LB5 and LB9 of the Canterbury District Local Plan 2017.

7 Recommendation 34. The proposed dwelling is considered unacceptable in principle as it involves development in the countryside, contrary to Local Plan policy. It would also have an unacceptable impact upon the rural character of the area. It is therefore recommended that planning permission be refused.

8 REASONS OF REFUSAL Application No: Proposal: Location: CA/17/02777/FUL Proposed detached two-storey dwelling with associated parking and repositioning of existing stables. Rear of 40 Dargate Road, Yorkletts, Whitstable, CT5 3AD CONDITIONS/REASONS: 1 The proposal to erect a dwelling on this site, which lies outside the built confines of any of the District's three main urban areas and villages identified as being suitable for development, with no overriding justification having been demonstrated, would give rise to an unnecessary, unsustainable, and harmful form of development, which by virtue of its siting outside the urban area, would represent an unacceptable encroachment into the countryside, of harm to the rural character and appearance of the area. The proposed development is therefore contrary to Policies SP1, SP4, HD4 and DBE3 of the Canterbury District Local Plan 2017 and the core sustainability objectives of the National Planning Policy Framework. 2 The applicant has failed to secure the delivery of necessary measures to mitigate the impacts of the proposed development on the North Kent Marshes SPA and The Thanet Coast and Sandwich Bay SPA. Without such mitigation measures it would be contrary to the provisions of the Habitat Regulations and Directive to grant consent for development which, on the advice of Natural England, would affect the integrity of a European site. The proposal is therefore in conflict with paragraphs 17, 109, 114 and 118 of the National Planning Policy Framework and policies SP1, SP6, LB5 and LB9 of the Canterbury District Local Plan 2017.