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5.	TCP/25288 P/02255/02 Parish/Name: Rookley Registration Date: 10/12/2002 - Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983) 823567 Pair of semi-detached houses land adjacent Rookley Manor, Niton Road, Rookley, Ventnor, PO38

REASON FOR COMMITTEE CONSIDERATION

This application is particularly contentious and has attracted a substantial number of representations.

LOCATION & SITE CHARACTERISTICS

Site of approximately 0.07 hectares forming part of the garden area to Rookley Manor which in turn is situated on the west side of Niton Road approximately 150 metres from its junction with the main Newport to Shanklin road. Site has a frontage of approximately 15 metres and a depth of about 46 metres and slopes gently down from the west to the frontage. Presently Rookley Manor has two vehicular accesses one in each end of its frontage. The northern boundary is marked by hedgerow and fencing whilst the southern boundary is unmarked. The site is occupied by several mature trees.

Rookley Manor is a two storey stone and slate building which is not listed, a character property fronted by a boundary wall with iron railings over. To the north is a two storey modern, detached property whilst to the south, on the southern side of Rookley Manor are several other residential properties. The northern vehicular access of Rookley Manor opens up across the whole frontage of the application site and the masonry wall and railings have been set back along the southern boundary of the site with an access shared with the site.

The area is primarily residential in character and of comparably low density.

RELEVANT HISTORY

No planning applications, but consent has recently been given for the lopping of the two yew trees in order to raise the crowns. This work has already been undertaken.

DETAILS OF APPLICATION

The northern extent of the Rookley Manor curtilage is proposed to provide a plot for a pair of semi-detached houses, designed in such a way that looks like a single but substantial dwelling. The plan shows a two storey building with rooms within the roof space, constructed in facing bricks with a slate roof dwellings comprising kitchen, dining room, living room and study on ground floor two en-suite bedrooms on first floor with a further two bedrooms and bathroom within the roof space.

The building is shown to be sited approximately 14 metres back form the highway in a position comparable with both the adjoining property to the north and the existing Rookley Manor. A shared access point for both properties and the secondary access to Rookley Manor opens the whole frontage. Each of the dwellings has its own parking area in front. Two trees are proposed to be felled, a sycamore and small hornbeam but all other trees on the site are to be retained including those two yew trees at the front. Lleylandii trees are proposed to be removed on the northern boundary, but the remaining trees are the subject of a Tree Protection Order.

Design of the property shows fenestration and detailing to be similar in style to the Manor with decorative barge boards and other detailing. The northern elevation of the building contains the front door to unit 2 with a study window, whilst on first floor there are two en-suite windows and within the roof plain, a dormer window to the second floor bathroom. The plan shows a distance of minimum of 9 metres from the dwelling on plot 1 to the conservatory on the northern side of Rookley Manor and a gap of approximately 11 metres from the adjoining property to the north to the nearest point of the dwelling on plot 2 the overall height of the building is similar to that of the adjoining property to the north and of Rookley Manor itself.

Applicant confirms choice of materials as Wealdon Hurstwood multi stock brick and that UPVC windows and barge boards will reduce risk of owners repainting in inappropriate colour.

DEVELOPMENT PLAN/POLICY

Within designated development envelope on Rookley inset of UDP. Site is shown as being within the designated Area of Outstanding Natural Beauty policies G1 and G2, D1 and D2 and policy H5 of the UDP apply.

CONSULTEE RESPONSES

Highway Engineer recommends conditions if approved.

Tree and Landscape Officer considers that the development could proceed without the loss of the two yews so long as great care was taken during construction.

AONB Officer agrees with Tree and Landscape Officer in respect of the trees but questions the design of the property and the density, suggesting that dwellings proposed do not meet the local need as they are too large. Also questions some detailing including new PVC windows.

Council's Ecology Officer acknowledges existence of a number of mature trees which have significant landscape value, acknowledges that red squirrels have been reported to use the yew trees but points out that it would be difficult to argue the trees form an important wildlife corridor and that the trees at the rear of the site which are intended to be retained are likely to have a greater wildlife value. Confirms that there is no squirrel dray in either the sycamore or the young hornbeam which are proposed to be lost but points out that any approved works to trees should be carried out during the winter months to avoid disturbance of nesting birds or roosting bats if they are present.

CPRE object on grounds that the site is within the area of outstanding natural beauty and therefore should not be developed; that the site contains preserved trees and that steps have already be taken to destroy trees; that remaining trees are too close thus bringing pressure for further removal; that the site contains variety of wildlife including badgers, red squirrels and bird life the habitats of which will be lost and inappropriate design.

Letter from Wight Squirrel Project urging care to be taken to ensure that trees are checked for drays that no trees which may form a corridor are felled.

PARISH/TOWN COUNCIL COMMENTS

Rookley Parish Council recommend refusal on grounds of overdevelopment, possible loss of significant trees the subject of the TPO; inappropriate design and loss of habitats for red squirrels and bats.

THIRD PARTY REPRESENTATIONS

Forty five letters of objection from local residents and neighbours on grounds of loss of trees, inadequate drainage, loss of habitats for squirrels and other wildlife, traffic hazards including vehicles reversing out onto the road due to a poor access arrangement; loss of privacy; visual intrusion due to an inappropriate design, out of character with its surroundings; overdevelopment of the site and a cramped appearance, all resulting in a creation of a precedent for further similar proposals.

One further letter from adjoining property owner emphasing objections on grounds of adverse effect on wildlife, on appearance of Rookley Manor, that the site is a route for natural drainage, increase in vehicular activity, poor visibility, inadequate parking, no turning and inadequate access for emergency vehicles.

CRIME & DISORDER IMPLICATIONS

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

EVALUATION

Rookley Manor is not Listed but it is an attractive building standing in its own, extensive grounds, located on the west side of Niton Road at Rookley. The side garden is a substantial gap between the building and its adjoining neighbour to the north, a large, two storey modern dwelling and the site does contain some mature and attractive trees. The proposal seeks to develop the site with a pair of semi-detached dwellings giving the appearance of a single dwelling due to its design and proportions incorporating one front door in the side elevation of the house.

Determining factors are considered to be policy and principle, the site size, dwelling size and mass and the space around it, the design of the building, the effect on trees, access considerations, the effect on adjoining properties and habitats.

In terms of policy and principle the site is located within the designated development envelope even though it is also designated as an Area of Outstanding Natural Beauty. There is no presumption against development, even in the Area of Outstanding Natural Beauty if the site is located within development envelope but being an Area of Outstanding Natural Beauty design and visual impact of developments should enhance and protect the character of the area.

Properties to the north are fairly close together, a frontage ribbon of development onto Niton Road. This site is a large gap of about 37 metres and the siting of these two dwellings in the form of one building would still leave substantial gaps, greater than those in existence between the properties to the north and the proposed siting is sympathetic to the depth of frontage of Rookley Manor and the adjoining property to the north.

In design terms and in terms of visual impact, the street scene elevation shows a building of fairly substantial mass but one which is certainly in scale with existing development, bearing in mind the spaces between the existing and proposed properties, it does not give the appearance of cramped development in my opinion. In design terms the building incorporates features which echo certain features within the Rookley Manor and is more traditional in appearance to the modern property adjoining to the north. However, I am not totally satisfied with proposed materials as I believe that although a slated roof would be appropriate in this

position a buff stock facing brick with white UPVC windows and white UPVC barge boards would give a confused mix of materials which I believe should be more traditional. Rookley Manor is largely stone with ashlar quoins and accordingly I do not feel that buff brick is appropriate.

It is the case that two trees will be lost to facilitate the development, the sycamore and the small hornbeam which are either within or close to the footprint of the proposed dwellings. The remaining trees will be retained, these include the two yew trees at the front of the site, a large horse chestnut, a beech and a lime situated towards the rear of the site. The hornbeam is not the subject of the Preservation Order and therefore only the sycamore which is to be lost is the subject of the Preservation Order. The Tree and Landscape Officer is satisfied that the two yew trees and the horse chestnut which are the three trees closest to the proposed building can be retained and can be protected adequately during the construction works.

Access to the site is as existing, of a shared access with the Manor. This access has been altered recently in advance of permission but works have not been concluded. The alteration included the removal of a short section of boundary wall and railing and its resiting back into the site thus enabling a wider access to be formed. Subject to conditions the Highway Engineer is satisfied with access arrangements. Two car parking spaces on each site would be possible and subject to permeable surfaces the parking areas and areas around the trees should not adversely affect their retention.

Turning to the effect on the adjoining property there are several windows included in the elevation of the property to the north, fronting the site and whilst some of these windows are secondary, it is unlikely that levels of light would be affected due to the distances involved and the fact that the proposed dwellings are situated a little further back from the front boundary and the adjoining property. Overlooking of the adjoining property is unlikely to occur. The north elevation of plot 2 includes the front door and a study window at ground floor level and on first and second floors, windows serving bathrooms. Normal screening will reduce overlooking at ground floor.

In terms of habitats, development will inevitably disrupt wildlife usage of the site but the Council's Ecologist feels that although two trees will be removed, there is insufficient evidence to suggest that the proposed development will have a profound effect on those habitats, recommending that any works to the trees should take place within the appropriate season.

In summary, whilst I consider there are factors which must be taken into account regarding this development, those factors do not outweigh the presumption in favour of the utilisation of the economic use of land within the development envelope and it is felt that the development is quite appropriate to this location subject to conditions to control those aspects.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts this development might have on the owners/occupiers of other property in the area and other third parties have 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 applicant 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 freedom of the applicant. It is also considered that such action is proportional to the legitimate aims and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

This application represents the economic use of a gap within the development envelope with a development which is appropriate in terms of its scale, mass and design elements. The development provides adequate access and retains all but one of the preserved trees and results in a development which is therefore consistent with policies G1, G2, D1 and D2 and H5 and TR7 of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - APPROVAL

Conditions/Reasons:

1	Time limit - full - A10

Notwithstanding the details of materials included on the plans hereby approved, construction of the buildings hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority. Thereafter only such approved materials and finishes shall be used in carrying out the development.

Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied. Development shall be carried out thereafter in accordance with the approved plans.

Reason: In the interests of maintaining the amenity value of the area to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

Notwithstanding the provisions of any current Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), no extension, building or structure permitted by Part 1, Classes (A, B, C and D) of the 1995 Order, as amended, shall be erected within the curtilage of the site without the prior written approval of the Local Planning Authority.

Reason: In the interests of amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and en-enacting that Order) (with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed.

Reason: In the interests of the character and amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

The windows included on the north elevation on first and second floors shall be glazed and thereafter maintained in obscure glass.

Reason: In the interests of the character and amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

No dwelling shall be occupied until space has been laid out within the site in accordance with the plan attached for cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear and such provision shall be retained.

Reason: To ensure adequate parking provision in the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

The access and crossing of the highway verge and/or footway shall be constructed in accordance with the following vehicular crossing specification for light vehicles before the development hereby approved is occupied or brought into use:

(a) Footway Construction (strengthening) for light vehicles

1. Excavate to a minimum depth of 150mm

2. Construct the vehicle crossing in Class C30P/20 concrete to a minimum thickness of 150mm, properly compacted with float and brush finish.

Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

9	The driveways shall be constructed of porous materials and shall be retained in that condition. Reason: To ensure adjacent trees are not adversely affected by the driveway and to comply with Policy C12 (Development Affecting Trees and Landscape) of the IW Unitary Development Plan.

No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials.

Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

The finished ground floor level of the dwellings hereby approved and the external ground levels described in the development hereby approved shall be carried out strictly in accordance with the approved plans.

Reason: In the interests of the amenities of the area and in accordance with Policy D1 of the Isle of Wight Unitary Development Plan.

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of (1 year) from (the date of the occupation of the building for its permitted use).

(a)No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work);

(b)If any retained tree is removed, uprooted or destroyed or dies, a replacement tree shall be planted in the same place, or place to be agreed and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.

No development including site clearance shall commence on the site until all trees/shrubs and other natural features, not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier in accordance with the plan hereby approved such as to enclose all parts of the land. Any fencing shall conform to the following specification: (1.2m minimum height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2m minimum above ground height timber posts driven firmly into the ground/or 2.4m minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree). Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply:

(a)No placement or storage of material;

(b)No placement or storage of fuels or chemicals.

(c)No placement or storage of excavated soil.

(d)No lighting of bonfires.

(e)No physical damage to bark or branches.

(f)No changes to natural ground drainage in the area.

(g)No changes in ground levels.

(h)No digging of trenches for services, drains or sewers.

(i)Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged.

Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.

Before works commence on site, details of the type and specification of foundations to be used in the construction of the dwelling hereby approved shall be submitted to and approved by the Local Planning Authority.

Reason: To minimise the effect of the development on the local water table and natural drainage regime in accordance with Policy G6 of the IW Unitary Development Plan.