REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT TCP 14737A

REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTIONS – 18 OCTOBER 2002

TCP/14737/A P/01068/02 Parish/Name: Niton

Registration Date: 18/06/2002 - Full Planning Permission

Officer: Mr. A. Pegram Tel: (01983) 823566

House & new covered way to form a link to the existing barn, shared access with 'Drifters'; formation of parking & turning area; relocation of stables

barn adjacent Sandstones, Laceys Lane, Niton, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member as she is not prepared to agree to application being deal with under the delegated procedure.

LOCATION & SITE CHARACTERISTICS

Application relates to area of land located on north eastern side of Laceys Lane, approximately 25 metres south east of its junction with Newport Road. Site is presently occupied by stone barn under corrugated iron roof which runs at right angles to the road. Site forms part of larger area within control of applicant which also includes existing two storey dwelling fronting Laceys Lane and area of open fields to rear of site.

The site is located within an area which is residential in character, surrounded by buildings of varying styles and designs with development to south of site comprising predominantly bungalows while to north, and particularly along Newport Road, dwellings are a more traditional cottage style. Ground in immediate locality generally falls in a south easterly direction.

RELEVANT HISTORY

TCP/14737/RD/7966 - Conversion of barn and stable to one dwelling conditionally approved in May 1973.

DETAILS OF APPLICATION

Planning permission is sought for construction of house on northeast side of barn with covered way forming link between dwelling and the existing barn. Access to property would be over driveway to adjacent properties, thereby creating shared access.

It is believed that the original barn within the site dates back to approximately 1650 which was extended at later date to northern end. This later addition would be demolished, returning barn to simple gable ended building. Proposal also involved demolition of part of existing stable building and relocation of stables. Area to rear of existing dwelling would be retained for use by future occupants of that property.

Submitted plans indicate that proposed dwelling would be constructed in natural stone with brick quoin's and dressing under a slate roof. Dwelling would provide two storey accommodation with rooms at first floor partially within roof space.

DEVELOPMENT PLAN/POLICY

Application site is located within development boundary for Niton as defined on Unitary Development Plan. Relevant policies of the plan are considered to be as follows:

S1 - New development will be concentrated within existing urban areas.

S6 - All development will be expected to be of a high standard of design.

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

D1 - Standards of Design.

D2 - Standards for Development Within the Site.

H4 - Unallocated residential development to be restricted to defined settlements.

TR7 - Highway Considerations for New Development.

CONSULTEE RESPONSES

Highway Engineer recommends conditions should application be approved.

Environmental Health Department raises no comment.

Following inspection of the site by the Ecology Officer I am advised that the barn has some old roof timbers and appears suitable for bats. However, he could find no evidence of bat use of the building and an inspection of the timber joints revealed that they were all heavily covered by cobwebs. From his inspection, he concluded that the barn is not currently used as a maternity roost for bats. However, he pointed out that there is a swallow nest in the barn and it is important that this is not disturbed. He recommended as follows:

1. Any work to the barn roof (new slate roof, timber treatments etc.) should be carried out outside the nesting season, i.e. May to September.

2. Open access to the barn should be maintained. This could be achieved by keeping open the two gable end windows and ensuring there is a small gap at the top of any new barn doors.

The Ecology Officer has carried out a further inspection of the barn and found no evidence of occupancy by bats. Therefore, conclusion is that, following checks on two occasions, no evidence of bats using barn has been found. Ecology Officer indicates that if iron roof is replaced by slate roof and open access to interior of barn maintained then structure is likely to become more suitable as a bat roost than currently. He suggests additional conditions as follows:

1. Demolition of Victorian extension to barn should be carried out between October and April inclusive to avoid disturbance to nesting swallows;

2. Any work to barn roof should only be carried out between October and March inclusive to ensure that the barn is in suitable condition to allow swallows to use for nesting and to avoid potential disturbance should any bats use barn as maternity roost;

3. Open access to barn should be maintained by keeping open two gable end windows and ensuring there is a small gap at the top of any new barn doors.

In their initial correspondence, English Nature advised that the possible impacts upon the protected species, in particular bats and barn owls, on the site should be evaluated. They pointed out that protected species are a material consideration under PPG9 when Local Planning Authority is considering development proposals and if a protected species is suspected or present at the proposed development site, additional information should be requested from applicant before the application can be determined. In this instance, they suggested that an appropriate survey is undertaken to gather the required information, upon receipt of which they would be in a position to comment further. English Nature were subsequently advised of the findings of the Council's Ecology Officer. They concurred with his advice regarding the swallows nest and advised that, subject to timing of works, they wish to raise no objection to the proposal.

PARISH / TOWN COUNCIL COMMENTS

Niton and Whitwell Parish Council recommend refusal to application of following grounds:

Overdevelopment.

Back land development.

Building will dominate surrounding area where there are bungalows and small cottage buildings.

Entrance is too narrow.

Access onto Laceys Lane is at very dangerous and narrow part of the lane.

Proposed building is 6 foot higher than the existing barn.

Bats are in the barn.

Parish Council requested that a site inspection is carried out. Letter from local resident received by the Parish Council was forwarded onto Council offices. Resident also submitted virtually identical letter direct to the Council.

THIRD PARTY REPRESENTATIONS

Local Member expresses the following concerns with regard to proposal:

Height of proposed building compared with other residential properties in proximity, a smaller building would be a far more attractive proposition.

Access onto Laceys Lane, which is very narrow road with no pedestrian walkways.

Questions whether this is backland development - it would appear to her that anyone with a shed on the back garden would think they had a right to replace it with a dwelling.

The Local Member requested that the Committee carry out a site visit before making a decision which neither the Parish Council nor anyone within the vicinity seems to think will benefit the area.

Seven letters have been received from local residents objecting to proposal on grounds which can be summarised as follows:

Overdevelopment.

House of proposed dimensions on high ground would detract from character of the countryside.

Dwelling not in keeping with existing properties in area, bungalow would be more in keeping.

Development in area limited to single storey only since 1970.

Roof and chimney would tower above existing barn.

Overlooking/loss of privacy to adjacent properties.

Rusting barn roof should be re-tiled as a priority.

Alterations to barn would disturb bats.

Plans do not show correctly adjacent properties - therefore no evidence to suggest that impact on adjacent properties properly taken into account.

Method of disposal of foul sewage is questioned.

Connection of dwelling to septic tank may result in effluent contaminating stream feeding River Yar.

Access to site would be narrow and would present problems for horse boxes, trailers and emergency vehicles.

Several objectors indicate that they do not object in principle to dwelling on this site but are opposed to current proposals. One objector has submitted further letter reiterating their objection to the proposal and suggesting that proposal represents "back garden development" which will set precedent for similar proposals. Letter was also signed by owners/occupiers of six other households who had previously submitted letters of representation in respect of proposal.

Letter was received by the Chairman of the Development Control Committee signed by forty residents of Laceys Lane and Newport Road, Niton, expressing concern that the recommendation to approve the application at this stage seems premature. They consider that concerns expressed have not been fully investigated. They requested an on-site visit by Planning Committee with emphasis on location and access road, Laceys Lane. They suggest that cars do not travel up and down this lane at 25 mph, they are much faster - access to site was last year blocked off by applicant and new gate constructed as traffic was dangerous.

CRIME & DISORDER IMPLICATIONS

Relevant officer has been given opportunity to comment but no observations have been received.

EVALUATION

Determining factors in considering application are whether proposal is acceptable in principle and whether proposed dwelling is of an appropriate size, scale and design or would detract from the character of the locality and amenities of neighbouring residential properties.

I am satisfied that site is of adequate proportions to accommodate development of standard compatible with surroundings and, having regard to location of site within the development boundary for Niton, I do not consider there to be any objection in principle to development of site for residential purposes.

Number of factors and site conditions impose constraints on location of any proposed dwelling. Firstly, an electricity sub station is located roughly centrally on site frontage and this, together with lack of pavement between site and junction of Laceys Lane and Newport Road dictates position of any access. In order to resolve this situation, application involves use of existing access to adjacent property, within the control of applicant, creating shared access. The existing barn is located at right angle to Laceys Lane within approximately 9 metres of the roadside boundary. It is understood that consideration was initially given to conversion of this building to form dwelling but this was discounted due to the condition of the building which would presently make its conversion uneconomical. Whilst the barn is not a listed building it is considered to be an attractive feature, forming part of the original farm complex, and its retention and use in connection with the existing or the proposed dwelling is considered to be desirable. In this respect, the design statement which accompanied the application contains the following entry:

"The existing stone barn which presents a gable onto Laceys Lane is an important feature in the street scene of Laceys Lane and our proposal seeks to maintain this building for hay storage / workshop etc. in connection with the new dwelling. The applicants intend to replace the existing tin roof of the barn with a new slate roof to the match the roof of the proposed dwelling."

The desire to retain the barn was identified at an early stage during pre application discussions with the applicants agent and, with this in mind, it was suggested that the design of the proposed dwelling should be such as to compliment this building.

In order to protect the privacy and amenity of the adjacent properties, the proposed dwelling has been designed with no first floor windows in the two flank wall elevations. Therefore with the exception of one window at ground floor level in each flank elevation, all other windows serving accommodation within the dwelling are within the front elevation, facing in a westerly direction looking onto the barn and proposed parking area, and in the rear elevation overlooking open countryside to the east of the application site. In addition, applicants agent also indicates that existing Leylandi hedge, with height of approximately 4 metres, on southern boundary of site would be maintained. However, I do not consider that its retention would be essential to prevent overlooking of neighbouring properties or that it makes a contribution to the landscape character of the locality. Therefore, should members be minded to approve application, I do not consider that it would be necessary to impose a condition on any consent requiring its retention.

Existing development to south of application site comprises, for most part, modern bungalows whilst, in contrast, the older properties in the area, particularly those along Newport Road to west and north of site comprise for most part two storey cottage style properties. In particular, applicants existing property, immediately adjacent application site, is a two storey farm house constructed of natural stone under a clay plain tile roof. Having regard to this mix of dwelling styles, I do not consider proposed dwelling to be out of keeping and that it reflects the design and appearance of more traditional dwellings in the locality.

With regard to the impact of the development on the landscape character of the area, particularly when viewed from the east/south east across adjoining fields/farm land, it should be noted that, due to topography of area, ground levels and properties to north west of application site are generally at a higher level. Therefore, I do not consider that proposed dwelling would be visually intrusive or detract from landscape character of the locality.

Presence of electricity sub station on frontage of site prevents formation of access directly onto Laceys Lane and, therefore, it is proposed to gain access to site over existing driveway which serves adjacent property, thereby creating a shared access. Whilst noting concerns of residents regarding adequacy of access, I do not consider that its use to serve one additional dwelling will result in a significant increase in vehicle movements. In the absence of any objection from the Highway Engineer, I do not consider that this factor would provide a sustainable reason for refusal of the application.

Whilst it has been suggested that the barn is used by bats, I would draw members attention to the comments of the Council's Ecologist contained in the representations section of this report. Having given regard to his comments, I do not consider that proposal represents threat to protected species or their habitat. However, I consider that, should members be minded to approve application, applicants attention should be drawn to Ecology Officers comments regarding the swallow nest in the barn.

Following discussions with applicants agent, revised location and site plans have been received which include adjacent property not previously shown on the plans which accompanied the original submission. In addition, he has confirmed that the intention is to connect foul drainage from the application site into the existing foul drainage system of the adjacent property which discharges into the existing 175 mm diameter sewer in Laceys Lane. Surface water would be disposed of to soakaways within the applicants land.

HUMAN RIGHTS

In coming to this recommendation to grant permission, consideration has been given to the Articles of the European Convention on human rights. The impact this development might have on the owners/occupiers of other property in the area and other third parties has been carefully considered. Whilst there may be some interference with the rights of these people, this has to be balanced with the rights of the applicants to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedoms of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that proposal represents an acceptable form of development and that construction of dwelling as proposed will not detract from character of locality or amenities of neighbouring properties.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10

2	Submission of samples - S03

All material excavated as a result of general ground works including site levelling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red and blue on the submitted plans. The material shall be removed from the site by prior to occupation of the dwelling hereby approved.

Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

4	Withdraw PD rights alterat/extens/etc - R02

5	Withdrawn PD right for windows/dormers - R03

The car parking/turning shown on the plan attached to and forming part of this decision notice shall be retained and thereafter retained for the use by occupiers and visitors to the development hereby approved.

Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

7	Stables - private use only - F30

8	Stables - no caravans, etc - F31

9	Stables - no outside storage - F32

10	Stables - no burning of manure - F33

With the exception of the area of the sand school no jumps or similar structures shall be placed on the land at any time without prior permission having first been obtained in writing from the Local Planning Authority.

Reason: In the interests of the amenities and character of the area and to comply with Policy C22 (Keeping of Horses for Recreational Purposes) of the IW Unitary Development Plan.

Prior to work commencing on site details of the design and external appearance of the relocated stables, and materials to be used in their construction, shall be submitted to and approved by the Local Planning Authority. Thereafter development shall be carried out in accordance with the approved details.

Reason: In the interests of the amenities of the area and adjoining residential properties and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

The demolition of the single storey element at the north eastern end of the barn shall take place and be completed during the period between October and April inclusive and at no other time.

Reason: In the interests of nature conservation and to comply with Policy C8 (Nature Conservation as a Material Consideration) of the Isle of Wight Unitary Development Plan.

Any repair or renovation work to the roof of the main barn shall be carried out during the period between October and March inclusive and at no other time without the prior written consent of the Local Planning Authority. Open access to the barn for birds and bats shall be maintained by keeping open two gable end windows and ensuring that there is a gap at the top of any new barn doors. Details of any such alterations shall be carried out in accordance with details to be submitted to and approved by the Local Planning Authority.

Reason: In the interests of nature conservation and to comply with Policy C8 (Nature Conservation as a Material Consideration) of the Isle of Wight Unitary Development Plan.

M J A FISHER

Strategic Director

Corporate and Environment Services