Rev John Withy, Sion House, 120 Melmount Road, Sion Mills

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1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 4 th October 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: LA11/2016/0701/F Full Retrospective domestic garage/store to be used for purposes ancillary to enjoyment of householder Lands approximately 7 metres west of 120 Melmount Road, Sion Mills Rev John Withy, Sion House, 120 Melmount Road, Sion Mills Donaldson Planning, 50A High Street, Holywood, BT18 9AE ADVERTISEMENT: 01/09/2016 STATUTORY EXPIRY: 15/09/2016 READVERTISEMENT: 1/12/2016 STATUTORY EXPIRY: 15/12/2016 RECOMMENDATION: Refuse REASON FOR PRESENTATION TO COMMITTEE: REFUSAL All planning application forms, drawings, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development Retrospective domestic garage/store to be used for purposes ancillary to enjoyment of householder. This application is one of two current applications within the grounds of Sion House; Application ref: LA11/2016/0700/F is presented at appendix EIA Determination The proposal is not EIA development. 3. Site and Surrounding Area The site as outlined in red is within the garden of Sion House a large detached dwelling which is a Grade B2 Listed Building. The site is level. The area generally is of low density residential

2 development. The garden itself has a number of mature trees that are protected by a tree preservation order (TPO). Some of those trees are adjacent to the garage/store. The agent advises that the garage has been placed on the footprint of an old wooden shed which was in a ruinous state of repair and was removed to facilitate the new garage. SITE LOCATION MAP 4. Site Constraints The site lies within: the development limits of Sion Mills local town as defined in the Strabane Area Plan the Sion Mills Conservation Area.

3 the grounds of a Listed Building (Sion House) listed under reference HB01/07/001A. There is also a Tree Preservation Order protecting trees within this site, reference PLA2/6/012/ Neighbour Notification Report One neighbour was notified. 6. Relevant Site History J/2014/0065/F Proposed new access road and lane to dwelling with associated site works and landscaping (to replace established access and laneway vested by NIEA) at Sion House, 120 Melmount Road, Sion Mills, Strabane BT82 9ET. Refused planning permission 10 February LA11/2016/0700/F Retrospective permission for garage and workshop to be used for purposes ancillary to enjoyment of householder at lands 100 metres north east of120 Melmount Road, Sion Mills. Recommended to Council for Refusal 4 th October LA11/2016/0008/CA - Alleged erection of shed. Enforcement file. LA11/2016/0024/CA - Unauthorised garage adjacent to listed building. Enforcement file. 7. Policy Framework Strabane Area Plan SPPSNI-Planning for Sustainable Development PPS6 Planning, Archaeology and the Built Heritage policies BH11 and BH12 PPS7 (addendum) Residential Extensions and Alterations Policy EXT1 PSRNI policy DES2 Sion Mills Conservation Area Guide

4 8. Consultee Responses Loughs Agency advise that they have no objection. NIEA HED were consulted as the site lies within the grounds of a Listed Building and have stated that the proposal should be refused as contrary to SPPS and PPS6 policy BH11 Development affecting the setting of a listed building: NIEA states that the proposal detracts from the context and character of the setting of the listed building and results in a loss of its architectural and historic integrity by reason of its design which is out of character within the setting of Sion House and surrounding complex in terms of scale, massing, proportion, materiality, detailing and location. Conservation Area Section echoes the concerns of NIEA advising the structure is contrary to policy BH11 and BH12 regarding design and materials and consider that retention of the building beside the listed building within Sion Mills Conservation Area is not appropriate. 9. Representations Council has received letters of objection from the Trustees of the Sion Mills Buildings Preservation Trust (SMBPT), the Ulster Architectural Heritage Society and Cllr Derek Hussey. These letters relate to two tandem applications by the same developer in the grounds of Sion House i.e. LA11/2016/0700/F and the current application (LA11/2016/0701/F). In summary the objections state: The proposal contravenes policies BH11 and BH12 of PPS6 Planning, Archaeology and the Built Heritage, that it harmed the setting of a Listed Building and the character of the Sion Mills Conservation Area. Planning Officials agree that the development is contrary to BH11 and BH12. Enforcement action should be taken to remedy this breach of planning control and extracts from SPPS where it deals with enforcement powers over unauthorised development were also quoted.

5 Enforcement Section are aware of the unauthorised building and await determination of the planning application. Should the application be refused by the Planning Committee the matter will be referred to the Council s Enforcement Section. The development should be considered under Listed Buildings Consent as well as a Full planning application. A Listed Building Consent application was requested from the agent but not submitted. The building is inappropriate in terms of scale, form, appearance and materiality, contrary to policy BH11. Planning Officials agree that the form, appearance and materials used are contrary to policy BH11. However when considered against Sion House the scale of the shed is acceptable. The works do not make use of traditional or sympathetic building materials or construction techniques found in the adjacent Listed Building. Planning Officials agree with this assessment. The development is not in keeping with the context of Sion House which is a Listed Building and also the Gate Lodge and the now restored Stable Block both of which are also Listed Buildings and within the setting of Sion House. Planning Officials view is that the building is inappropriate for its setting and out of character with the adjacent Sion House. The garden landscaping setting of Sion House with its grouping of the other Listed Buildings are laid out to complement the design and function of the Listed Building. There is no information on the landscape context of this proposal. Planning Officials agree with this assessment. A third letter from an elected representative has also been received, which expresses concern regarding the visual impact of the garage on the appearance of the area when viewed from the Stables restaurant.

6 10. Planning Assessment, including Other Material Considerations Section 6(4) of the Planning Act (NI) 2011 requires Council to make planning decisions in accordance with the local development plan unless material considerations indicate otherwise. The site is within Sion Mills Conservation Area and adjacent to Sion House a Grade B2 listed building. Within the Strabane Area Plan (para 69.3) there is also an objective to develop a public park, catering for passive recreation on 7 Ha of land around Sion House and Sion Cottage and to refurbish for active use, existing buildings along the main road frontage of the site. Strategic Planning Policy Statement (SPPS) The SPPS introduces transitional arrangements which will operate until the Council s Plan Strategy has been adopted. During this period Planning Authorities will apply existing policy (in this case PPS6 and PPS7 the retained policies) together with the SPPS. Any conflict between the SPPS and the retained policies must be resolved in favour of the SPPS. PPS6 Policy BH11 Development Affecting the Setting of a Listed Building. The garage has been constructed adjacent to Sion House. As it is a Listed Building the application must be considered under policy BH11. Policy BH11 states the following: Development which would adversely affect the setting of a listed building will not normally be permitted. Development proposals will normally only be considered appropriate where all the following criteria are met: (a) the detailed design respects the listed building in terms of scale, height, massing and alignment; (b) the works proposed make use of traditional or sympathetic building materials and techniques which respect those found on the building; and (c) the nature of the use proposed respects the character of the setting of the building.

7 Appendix 8 Photograph 1: VIEW OF FRONT OF GARAGE WITH LISTED BUILDING TO THE LEFT Photograph 2: VIEW OF SIDE OF GARAGE WITH LISTED BUILDING TO THE REAR The design of the building with relatively high eaves and a shallow pitched roof is not acceptable. The garage is in the immediate vicinity of the Listed Building and the design and finishes consisting of profiled metal cladding are inappropriate for its setting. The new garage is located between the Listed Building and the rear car park to The Stables restaurant; the restaurant is a renovated former stable building that was also in the grounds of Sion House. That car park is in the public domain and therefore the inappropriate development where the garage is positioned in front of the Listed Building mars the setting of Sion House Listed Building. The proposal is therefore contrary to criteria (a) and (b) above. With regards the use of the building, it is described as being a domestic garage. The agent advises that the building is

8 required to store equipment required to manage the extensive demesne. In respect of the nature of the use as a domestic ancillary building criterion (c) would be considered met. Policy BH 12 New Development in a Conservation Area The Department will normally only permit development proposals for new buildings, alterations, extensions and changes of use in, or which impact on the setting of, a conservation area where all the following criteria are met: (a) the development preserves or enhances the character and appearance of the area; (b) the development is in sympathy with the characteristic built form of the area; (c) the scale, form, materials and detailing of the development respects the characteristics of adjoining buildings in the area; (d) the development does not result in environmental problems such as noise, nuisance or disturbance which would be detrimental to the particular character of the area; (e) important views within, into and out of the area are protected; (f) trees and other landscape features contributing to the character or appearance of the area are protected; and (g) the development conforms with the guidance set out in conservation area documents. Criteria a, b, c, e, f of BH12 require the same consideration as criteria a & b of BH11. The garage as constructed impacts detrimentally on the conservation area due to inappropriate design and use of materials. In respect of criterion e, there are public views of the building from the Stables Restaurant and as can be seen from photograph 2 above an important view of Sion House from the Stables restaurant is obstructed by the garage. Similarly any intervisibility between these buildings as viewed from Sion House is interrupted by the garage. As the garage is for domestic purposes, problems such as noise, nuisance or disturbance which would be detrimental to the particular character of the area are not anticipated. In respect of criterion f trees may have been removed to facilitate the garage but enforcement action is ongoing.

9 In respect of criterion g the development does not conform with the conservation area documents in respect of design and materials used. PPS7 (addendum) Residential Extensions and Alterations: Policy EXT1 Policy EXT 1 Residential Extensions and Alterations states that planning permission will be granted where all of the following criteria are met: The scale, massing, design and external materials of the proposal are sympathetic with the built form and appearance of the existing property and would not detract from the character or appearance of that property or the surrounding area. The design and the external materials used, are unsympathetic to the built form and appearance of Sion House. The use of profiled metal cladding and roller shutter door could not be considered sympathetic to the appearance of Sion House which comprises tutor style detailing and redbrick construction. Annex A paragraph A11 of PPS7 (addendum) provides further guidance regarding the design of domestic garages. It advises that garages should be similar in style to the existing property, taking account of the materials, the local character and level of visibility of the building from surrounding views. The proposal does not unduly affect the privacy or amenity of neighbouring residents; There are no proximate neighbouring residents. The garage does not therefore unduly impact privacy or amenity. The proposal does not cause the unacceptable loss of, or damage to trees or other landscape features which contribute significantly to local environmental quality; Trees within the site are subject to protection under a tree preservation order. Trees may have been removed to facilitate construction of the garage now in situ. This is a matter for enforcement. Sufficient space remains within the curtilage of the property for recreational and domestic purposes including the parking and manoeuvring of vehicles. The site comprises an extensive demesne. The area occupied by the garage does not therefore reduce the remaining space within the curtilage of the property so that recreational and domestic purposes including the parking and manoeuvring of vehicles are detrimentally impacted.

10 Planning Strategy for Rural Northern Ireland Policy DES2 Townscape Policy DES2 requires development proposals in towns and villages to make a positive contribution to townscape and be sensitive to the character of the area surrounding the site in terms of design, scale and use of materials. It is considered that the proposal fails to make a positive contribution to the village due to design and use of materials. 11. Conclusion and Recommendation It is considered that the proposal will adversely affect the setting of a listed building and is detrimental to the character and setting of the conservation area due to siting, design and finishes of the garage would be contrary to policies BH11 & 12 of PPS6 and policy EXT1 of PPS7. Refusal is recommended for the reasons given below. 12. Proposed Reasons for Refusal 1. The proposal is contrary to SPPS, Policy BH11 of Planning Policy Statement 6: Planning, Archaeology and the Built Heritage in that the development would, if permitted to be retained, adversely affect the setting of Sion House by reason of its detailed design which is out of character with the listed building in terms of form, siting and design, and the use of unsympathetic building materials which are out of keeping with those found on the listed building. 2. The proposal is contrary to SSPS, Policy BH12 of Planning Policy Statement 6: Planning, Archaeology and the Built Heritage in that the development would, if permitted to be retained, adversely impact Sion Mills Conservation Area by reason of its detailed design and materials which fail to respect the characteristics of adjoining buildings, is unsympathetic to the characteristic built form of the area and impacts detrimentally on important views within, into and out of the area. 3. The proposal is contrary to SPPS and Policy EXT 1 of Planning Policy Statement 7 (addendum) Residential Extensions and Alterations in that the garage would, if permitted to be retained, adversely affect the amenities of the area by reason of its unsympathetic design and

11 inappropriate use of materials which combine to result in detrimental impact on the character and appearance of the surrounding area.