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05/01805/FUL & 05/01807/LBC ERECTION OF A SINGLE DWELLING HOUSE WITH ANCILLARY ACCOMMODATION AT Flamingo Zoological Gardens, Olney Road, Weston Underwood FOR Mr A J Crowther (as amended by letter dated 22.11.2005 and by design statement and drawings received 06.12.2005) LISTED BUILDING CONSENT FOR PARTIAL DEMOLITION AND ALTERATION OF GRADE II LISTED GARDEN WALL AT Flamingo Zoological Gardens, Olney Road, Weston Underwood FOR Mr A J Crowther INTRODUCTION The application site is about 3.5 hectares in area and located at the northeastern end of Weston Underwood. It has an extensive frontage of about 250m onto the High Street and about 195m onto Wood Lane. The site is composed of three distinctly different areas, open parkland at the northeast part of the site and a number of separate gardens and fenced enclosures with associated zoo buildings located within the walled garden. The final element is an area of woodland known as the 'Wilderness' located at the north west part of the site separated from Wood Lane by a high wall. These three areas are distinguished by the particular character of their existing landscapes and vegetation, their enclosure and their proximity to the centre of the village. The site is separated from the High Street and Wood Lane by a stone wall, which is listed. There are also a number of artefacts and monuments located within the area known as the 'Wilderness,' which are grade II listed. The site lies within the Weston Underwood Conservation Area as identified on the proposals map of the Milton Keynes Local Plan. CURRENT APPLICATION The application seeks permission for the erection of a single dwelling house with ancillary accommodation, garage and stable/workshop. The dwelling proposed would be centrally located within the walled garden and along the northwestern boundary of the site. Vehicular access would be from the northeast via the existing drive taken from The Park. The dwelling would comprise 6 bedrooms arranged over three floors, dining room, sitting room drawing room, kitchen, study, enclosed swimming pool, a library, and staff accommodation and a tennis court. The building would be constructed mainly of brickwork to reflect the predominant material of the existing walls that surround the interior perimeter of the formal garden. Openings would be a combination of stone, brick and timber with roofs predominantly in hand made clay tile with hanging tile and lead on minor roofs and dormers. The existing mature Leylandii hedge screening the parkland, adjoining the High Street

would be removed and replaced with a beech hedge. The erection of a lodge dwelling at the entrance from The Park has been withdrawn from this application. The listed building application proposes the partial demolition and alteration of the grade II listed wall within and surrounding the site. The existing stable block located at the rear of the site would be removed to form a new opening to link the site and the 'Wilderness'. Two new openings would be formed along the north-eastern boundary wall and wrought iron gates installed including a new gate to an existing opening at front of the site. RELEVANT PLANNING HISTORY 01/01455/FUL - Permission for erection of single dwelling with staff accommodation, garage and stables. 01/01456/LBC - Listed building consent for restoration of extensive listed walls, enlargement of opening in East Wall and forming new gateway in East Wall. 04/02057/LBC - Listed building consent for partial demolition of and alterations to existing garden walls (Application withdrawn). 04/02058/FUL - Erection of one dwelling with annexe accommodation (Application withdrawn). 05/00022/FUL - Erection of one dwelling with annexe accommodation and garage/outbuildings (Application withdrawn). 05/00023/LBC - Listed building consent for partial demolition of and alterations to existing garden walls (Application withdrawn) RELEVANT PLANNING POLICIES The most relevant policies within the Milton Keynes Local Plan are: D1 (Impact of Proposals on Locality) D2 (Design of Buildings) HE1 (Protection of Archaeological Sites) HE2 (Listed Buildings) HE6 (Development in Conservation Areas) T15 (Parking Provision) Government Policy PPG3 (Housing) PPS7 (Sustainable Development in Rural Areas) PPG15 (Planning and the Historic Environment)

MAIN ISSUES (1) Whether or not permission should be granted for a dwelling in the open countryside contrary to Policy S10 of the Adopted Local Plan taking into account the previous permission for a dwelling (01/01455/FUL) and its associated conservation benefits. (2) Whether or not the proposals would have a significant adverse impact on the character and appearance of the Conservation Area and the statutorily listed wall. CONSULTATIONS AND REPRESENTATIONS Parish Council - Commented that there is a concern in terms of the ratio of brick to stone materials for the construction of the new dwelling. The Parish Council would like to see more stonework than brickwork. Also, the height of the proposed hedge must be strictly controlled. Furthermore, the existing stone wall inside of the brick wall along Wood Lane will require complete restoration. English Heritage - Commented that the application should be determined in accordance with national and local policy guidance, and on the basis of specialist conservation advice. Highway Officer - No objection. The Buckinghamshire Gardens Trust - Commented that the Trust does not object to the concept of a new dwelling within the walled garden provided the proposal is not detrimental to the designed ornamental historic landscape of which the site forms an integral element. Also, a new section 106 will be required if the proposal is approved, as the earlier one could not be enforced, particularly as the new owner was not a signatory to it. An improved section 106 should involve a management proposal with appropriate TPO's and species planting detail and repair and conservation of the monuments. Design and Conservation Officer - Commented that the principle of a singlefamily dwelling house has previously been established in this location. In fact the previously approved scheme has been implemented in relation to some of the required works in respect of access and the enabling works to the wilderness. The proposed scheme is an improvement on that previously approved, by means of its design, scale, proportions and character it complements the site. The applicant has now withdrawn the lodge element from the scheme and therefore has no objection subject to the conditions recommended. Chief Environmental Health Officer - No objection. Archaeological Officer - No objection.

Weston Underwood Village Hall - Commented that they are not happy with the continuation of the use of the small gateway opposite the Village Hall, as this has often resulted in the congestion of traffic in the car park. The use of this entrance would result in unnecessary hazard to traffic safety. Four letters of objection have been received from the occupiers of the residential properties summarised below: 1) The proposed construction materials for the dwelling house would not reflect the existing garden wall. It appears that the dwelling would be constructed entirely in brick, which is a material completely alien to the historic character and fabric of the village. Furthermore, the use of hanging tiles on the building is considered inappropriate to the character of the site. 2) Impact on the character and appearance of the Conservation Area and the setting of the listed walls. 3) A condition should be imposed on any permission to require the existing Leylandii trees to be removed prior to the commencement of development. The trees have been constant nuisance in the area. In the light of current government legislation this is considered reasonable. CONSIDERATIONS The Principle of Residential Development The application site is located outside of the settlement limits of the village of Weston Underwood and accordingly the proposed dwelling would be contrary to Policy S10 of the Local Plan. However, the principle of a single-family dwelling house has previously been established in this location by the grant of planning permission ref: 01/01455/FUL. In fact the previously approved scheme has been implemented in respect of some of the required works in relation to access and the enabling works to the wilderness. The proposed scheme is felt to be an improvement upon that previously approved in terms of its design, scale, proportions and character. Impact on Character and Appearance of Conservation Area and Listed Walls The proposed house is considered to be an improvement upon the previously permitted scheme in design terms. In addition, the use of brick on the external elevations is felt to be acceptable for a house of this design set in extensive grounds. However, the view is taken that the use of a greater amount of stone should be sought and it is advised that this matter be the subject of a condition relating to external materials. The proposed partial demolition and alteration of the listed garden wall would secure a visually satisfactory relationship between the proposed house and the 'Wilderness' beyond the walled garden. The applicant has already carried out previously required enabling works, include the complete refurbishment of the pagoda, the securing and repairing of all freestanding artefacts and landscaping operations within the grounds.

RECOMMENDATION It is recommended that planning permission be granted subject to conditions relating to materials, access, parking, visibility, levels, boundary treatment, landscaping, fencing, drainage, staff accommodation, use of garage, no overhead wires removal of hedge, restoration of the stone wall and no further development pursuant to the previous permission. It is also recommended that listed building consent be granted subject to conditions relating to materials, details, timing, demolition by hand only and schedule of works. Finally, it is recommended that it be resolved that the decision to grant planning permission is made as an exception to Policy S10 of the Adopted Local Plan on the grounds that the proposed development would secure the improvement and maintenance of an important historic landscape and associated buildings.