Yorkshire Dales National Park Authority

Transcription

1 MP.5 Rookery Farm Barn Yorkshire Dales National Park Authority Application Code: Committee Date: 11/07/2017 Location: Land adjacent to Moorside, Crosby Garrett Cottage Shelter Sinks Ashgarth House TCB Croft Farm The Old Cottage Church Hall Lilac House The Yews West View Croft House Almega School House Ford Rookery Farm Viaduct Cottage Raven Cottage Meadow Bank Craigmoor Viaduct Cattle Grid Issues Ford Gill Cottage Limekiln (disused) Crosby Garrett Fell Lime Kilns (disused) Viaduct Craigmoor Meadow Bank Cattle Grid Issues Ford Gill Cottage Limekiln (disused) FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO BE MADE Crown copyright and database rights 2017 Ordnance Survey Additional information: Yorkshire Dales National Park Authority

2 Application No: District: Parish: Applicant's Name: Grid Ref: Eden Crosby Garrett Mr R Harper, NY Received by YDNP: 04/05/2017 Officer: Michelle Clowes PROPOSAL: LOCATION: full planning permission for erection of dwelling and provision of septic tank Land adjacent to Moorside, Crosby Garrett CONSULTEES Crosby Garrett PM Cumbria County Council CTO - Eden Eden District Council Eden District Council The Open Spaces Society Trees & Woodlands At the Parish meeting 12 views were captured including an architects view, as a leading heritage advisor. All responses received have been unanimous in endorsing this application. The building is sympathetic in its design and will adhere to the vernacular concept the builder has already demonstrated at Moorside. The dwelling is small and adds to the village a smaller property which allows an existing parishioner to downsize and stay close to her family. The Highways Authority in principle has no objection to the proposal, however it is noted that the proposed site accesses onto a track then a 60mph publicly maintained highway, with the possibility that speeds along this stretch of road may well be of a negligible level the Highway Authority has no objection to the proposal. The access and parking/turning requirements shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. No comments. No comments. The Upper Eden Neighbourhood Plan (Policy UENDP1) does allow for affordable rural exceptions housing for local people. However, the application form indicates 1 x 2 bed market led dwelling and this is therefore not an application for an affordable dwelling. No comments. Given that the access is already in place for the 11 Jul 2017 Page: 21

3 Natural England Wildlife Conservation Officer Senior Historic Environment Officer PUBLIC RESPONSES Schedule No:3 proposed dwelling and that the trees stand outside of the development area, there is no objection to the proposal subject to the trees adjacent to the site being protected as set out in the submitted Tree Protection Plan. The proposal is unlikely to affect any statutorily protected sites. No objection. Given the potential for ground intrusive works encountering archaeological remains, it is advised that the development site is subject to pre-determination evaluation prinicipally comprising a small number of trial trenches covering areas that would be impacted by below ground works i.e. foundations/landscaping/services/package treatment etc. None to date. RELEVANT PLANNING POLICIES CS1 (E) - Sustainable Development Principles CS2 (E) - Locational Strategy CS3 (E) - Rural Settlements and the Rural Areas CS7 (E) - Principles for Housing CS16 (E) - Principles for the Natural Environment CS17 (E) - Principles for the Built (Historic) Environment CS18 (E) - Design of New Development OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to the Planning Committee for the following reason; the recommendation of the Parish Council is contrary to the decision that the Head of Development Management proposes to take. APPLICATION SITE This application relates to a parcel of land to the south of Crosby Garrett village beyond the viaduct which carries the Settle to Carlisle railway. The land has the appearance of an agricultural field bounded to the road by a dry stone wall and the presence of a number of mature trees which are either protected by virtue of the Conservation Area or a TPO (3 horse chestnuts and 1 ash tree). An existing loose aggregate twin wheeling track provides access into the field via an existing gate. The land sits partially above the level of the highway and although relatively flat, the land does start to rise to the west with an historic earthwork immediately adjacent to the proposed plot. A nearby detached double garage sits under the trees to the west of the access but belongs to one of the dwellings to the south. 11 Jul 2017 Page: 22

4 PROPOSAL Permission is sought for the erection of a 1.5 storey open market dwelling associated access, car parking and garden area. The property would provide accommodation over a floorarea of approximately 130sqm including a hall, kitchen/diner, lounge, utility room and WC with 2 bedrooms and a bathroom on the first floor. RELEVANT PLANNING HISTORY There are no previous decision notices relating to this site. KEY ISSUES: -principle of development -siting & design -impact on the conservation area -impact on archaeology -access & car parking -impact on protected trees -impact on neighbours PRINCIPLE OF DEVELOPMENT Crosby Garrett is designated as a local service centre through policy CS2 of the Eden District Council Core Strategy (2010). This policy permits new small scale residential development that would reflect the character of the settlement. However, this is dependant on development sites being located within the settlement. The Eden Core Strategy does not have defined settlement boundaries for its service centres and therefore, each proposal has to be assessed on its own merits as to whether it forms part of the settlement. It is considered that the viaduct forms the southern limit of the settlement of Crosby Garrett as it provides a strong visual barrier to the edge of the village. Whilst it is acknowledged that there are a small number of properties to the south of the viaduct they appear to relate to a historic farmstead with a loose arrangement of buildings. To the south of the viaduct there is no development on the right hand side of the highway whereas development to the north straddles both sides of the main roads through the village. The mature trees also form a visual buffer to the western edge of the village. Likewise, a cattle grid is located on the highway to the east of the site which acts as a transition point for traffic between the open countryside and the edge of the settlement. A new dwelling on the proposed site would be significantly detached from the edge of the village, separated by the field between it and the existing dwelling at Moorside and would intrude into an area that currently forms a visual buffer to the edge of the village. Although it is acknowledged that there are 2 further properties (Gill Cottage and Fell View) to the south of the application site beyond an access track to Crosby Garrett fell, these are historic properties that because of their scattered position would also be considered to be outside of the settlement. The proposal could not therefore be considered to be infill development between existing properties. All of these factors discussed above are considered to combine to demonstrate that for the purposes of policy CS2, the application site cannot be considered to be within the settlement. The site is within the open countryside that forms the setting of the village. The piecemeal development of plots of land around villages erodes the open countryside and leads to sprawling settlements. The development of this site would have a harmful impact on the character of the countryside and the setting of the village. Policy CS2 allows for affordable housing outside of a local service centre and Policy 11 Jul 2017 Page: 23

5 UENDP1 of the Upper Eden Neighbourhood Plan allows for single plot affordable housing where a local need is evidenced. This application is for an open market dwelling. In the absence of any form of exceptional justification, the proposal is contrary to the principle of adopted Core Strategy policies CS1 sustainable development principles, CS2 locational strategy and CS7 principles for housing. The agent has stated that the application should be determined in the context of the presumption in favour of sustainable development (National Planning Policy Framework) as Eden District Council cannot demonstrate a 5 year housing land supply. Whilst accepting the overall supply shortfall, this should not automatically override the aims of other relevant adopted planning policies in the context of this particular application and/or any other site specific instance. The Authority can still have regard to the established housing policies in the planning balance when there is a shortfall in the 5 year housing land supply. In a recent Court ruling the Judge considered that there will be many cases in which restrictive policies, whether general or specific in nature, are given sufficient weight to justify the refusal of planning permission, despite them not being up-to-date under the policy in paragraph 49 of the NPPF, in the absence of a five-year supply of housing land (Suffolk Coastal DC V. Hopkins Homes LTD. (2016) EWCA Civ 168). Even if a policy is out of date it does not become irrelevant. It must not be ignored or dis-applied. The weight to be given to such a policy is for the decision maker. The shortfall in Eden District s present housing supply is only a temporary circumstance (given the advanced stage of the Draft Eden Local Plan) in the overall consideration and as a short term problem, one where the resulting provision of only one dwelling would be largely insignificant in terms of the overall numerical impact on the supply. The protection of the open countryside from unjustified development remains a fundamental priority and it is considered that the lack of a full 5 year housing supply should not outweigh demonstrable harm to the National Park or take precedence over its Statutory Purposes (including the need to conserve and enhance the natural beauty, wildlife and cultural heritage of the area) (Environment Act 1995). SITING & DESIGN The proposed dwelling has been purposefully designed as a mock barn to mimic the adjacent property of Moorside which was built by the same applicant following approval from Eden District Council in Even if the principle of the development had been considered to be acceptable, the design of the proposed house is considered to be poor. It is neither a purposefully designed house that follows the traditional patterns of the area nor an exact replica of a traditional barn. In this respect, the proposed development would have more of a bungalow type appearance with some features that are usually found on traditional agricultural buildings. The proposed building appears to take its cue from a threshing type barn however, the layout and number of openings is untypical of such buildings which are also usually much larger and more prominent than the scale of building proposed and certainly taller than single storey. Smaller barns in the village tend to be more simple byres. Some are freestanding, but many have been built onto existing traditional farmhouses, either as a lower extension or as an additional bay, and they tend to have a limited number of plain openings, relating to the storage of hay in the loft, and the keeping of cattle in the ground floor. Barns typical of the area generally have plain gables with small ventilation features whereas the proposed house includes a significant number of openings. Overall the design appears to be trying to cram in design features that look typical but aren t. 11 Jul 2017 Page: 24

6 This type of mock building is not considered to be an honest form of development. It would confuse views in and out of the Conservation Area and give a false impression of the historical development of the area. The falsification of traditional buildings and features within an inappropriate or incorrect context is a form of development which is harmful to the layout of the settlement as a whole. Likewise, the siting of the dwelling arbitrarily within the field is contrary to the prevalent pattern of development which consists of buildings positioned closer to the road by which they are served. For these reasons the proposed development is considered to be contrary to policies CS17 (principles for the built (historic) environment) and CS18 (design of new development) of the adopted Core Strategy (2010), and the Statutory Purposes of the National Park. IMPACT ON THE CONSERVATION AREA The site lies within the Crosby Garrett Conservation Area. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 defines conservation areas as areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance. Section 72 places a duty on planning authorities insofar as special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area when it considers proposals for development in the conservation area. The site would be prominent in views in and out of the Conservation Area. The new development would represent a poor quality example of a mock barn that has been artificially sited within the middle of a field surrounded by a boundary wall (see siting and design section for further details). The existing field bounded by the mature trees contributes significantly to the character of the area and denotes to the viewer that you are on the edge of a settlement rather than within it, as the agricultural land starts to mingle with the built form. It is considered therefore that the proposed development by virtue of its siting and design would have a significant and detrimental impact on the Conservation Area contrary to policy CS17 (principles for the built (historic) environment) of the Core Strategy (2010) and the Statutory Purposes of the National Park. ARCHAEOLOGY There is evidence of surviving earthworks to the south west of the railway viaduct including large banks and garths which imply the medieval shrinkage of the village. The proposed dwelling would intrude into remnants of such earthworks in particular the proposed area for a soakaway to the west of the proposed residential curtilage is likely to interrupt the substantial bank running north/south at the rear of the site. There is a strong possibility that the bank represents the rear boundary of a medieval toft/croft and that the development site intersects with part of a medieval farmstead site. The southern boundary of the probable former toft site (the southern boundary of the shelter belt) is also likely to be of historic and potential archaeological significance, having formed part of the head dyke i.e. the ancient division between open common grazing land and the enclosed lands and formerly common arable land of the township. While the heritage statement references the conservation area, and visual impact of the development within it, it does not describe any potential archaeological impacts relating to the development or make reference to the HER record. Assuming this is a farmstead site, (potentially abandoned in the late medieval period), there is likely to be evidential significance in below ground remains and potentially some slight earthworks as yet unrecorded. Given the potential for intrusive ground works encountering archaeological remains, the 11 Jul 2017 Page: 25

7 Senior Historic Environment Officer has advised that the development site is subject to predetermination evaluation. Without this information the application is considered to be contrary to policy CS17 (principles for the built (historic) environment) of the adopted Core Strategy (2010). ACCESS & CAR PARKING The existing access would remain to serve the new development and would be expanded into the site to provide a car parking and turning area to the front of the dwelling. This area would be treated with limestone chippings. The Highways Authority has no objection to the proposed development on highways grounds, providing that a condition secures the provision of the access before building work commences on site. In this regard the proposed development would comply with policy CS18 (design of new development) of the Core Strategy. PROTECTED TREES As referenced above, the site is bounded by the presence of a number of mature trees to the south and east. They are protected by virtue of their location within the conservation area and 4 specific trees are the subject of a Tree Preservation Order (TPO). A Tree Care Plan has been submitted with the application which is considered to be acceptable by the Trees & Woodlands Officer. It is noted that the proposed development would be within 14m of the protected trees which due to their mature height and position to the east and south of the dwelling is likely to limit the level of natural light afforded to the property. Although the trees lie outside of the site edged red, there could be pressure in the future from the occupation of the property to remove or reduce the height of the trees. This would have a significant and detrimental impact on the character of the Conservation Area. However, the Trees & Woodlands Officer is satisfied that the development is of a sufficient distance from the proposed dwelling and that any future occupant would be aware of the presence of TPO d trees when purchasing the property that there is insufficient grounds to refuse the application based on tree protection issues. NEIGHBOURS The proposed dwelling would be sited over 40m from Gill Cottage on the opposite side of the track leading to Crosby Garrett Fell. Likewise, Moorside would be approximately 21m to the north however, it would be off set to the front of the proposed dwelling. Given the orientation of the properties and the separation distances involved it is considered that the proposed development would not cause undue harm to the level of amenity currently afforded to neighbouring residents. In this regard the proposal would comply with policy CS18 of the adopted Core Strategy (2010). PARISH COUNCIL COMMENTS The Parish Council have written in full support of the planning application. They consider that the proposed dwelling is appropriately sited and designed to be sympathetic to the area. It will also allow an existing parishioner (the current postmistress) to downsize and stay within the village. The issues with regard to siting and design have been fully considered above. Although, it is acknowledged that the proposed occupant of the dwelling would be the postmistress, the application is for an open market dwelling that could be sold off to any individual in the future or become a second home or holiday let. It is considered that there are no personal circumstances in this instance that would outweigh the concerns regarding the principle of the development. ANALYSIS AND MATERIAL CONSIDERATIONS The application site is considered by virtue of the railway viaduct, band of protected trees, 11 Jul 2017 Page: 26

8 RECOMMENDATION That planning permission be refused for the following reasons; Schedule No:3 cattle grid and open character of the site to be beyond the limits of the settlement of Crosby Garrett. As the scheme proposes 1 open market dwelling this is contrary to policies CS1, CS2 and CS3 of the adopted Eden District Core Strategy (2010). The proposed development would have significant and demonstrable harm to the character and appearance of the Conservation Area and the legibility of the historic environment as a result of the poor design of the proposed dwelling. In addition, insufficient information has been provided to demonstrate the impact of the development on surviving archaeological remains. The proposal would consequently be contrary to policies CS17 and CS18 of the Core Strategy (2010) and the 1st purpose of the National Park (Environment Act, 1995). 1) In the opinion of the Local Planning Authority the site lies outside of the settlement of Crosby Garrett. As such, the proposal for 1 open market dwelling would harm the character and appearance of this part of the National Park contrary to policies CS1, CS2 and CS7 of the adopted Eden District Council Core Strategy (2010) and the Statutory Purposes of the National Park. 2) In the opinion of the Local Planning Authority the proposed development would result in significant harm to the character and apperance of the conservation area by virtue of the proposed siting and design of the new dwelling. In particular the proposed scale, design and layout of the site would present an artificial form of development that would give a false impression of the historical development of the area. The proposed development is contrary to policies CS17 and CS18 of the adopted Eden District Council Core Strategy (2010) and the Statutory Purposes of the National Park. 3) In the opinion of the Local Planning Authority insufficient information has been provided to determine the impact of the proposed development on the archaeology of the site. The proposed development is contrary to policy CS17 of the Eden District Council Core Strategy (2010). 11 Jul 2017 Page: 27