1. home and garden

Planning Committee Report
8 April 2015
REPORT SUMMARY
REFERENCE NO - 15/500516/FULL
APPLICATION PROPOSAL
Conversion of single dwelling to two semi detached houses
ADDRESS The Old Stores Iden Green Road Iden Green Cranbrook Kent TN17 4HA
RECOMMENDATION GRANT subject to conditions (see section 11 of the report for full
recommendations)
SUMMARY OF REASONS FOR RECOMMENDATION
The site is within the Limits to Built Development (LBD) where there is no objection in principle
to the subdivision of the property to form two dwellings.
The proposal would not harm the landscape and scenic beauty of the Area of Outstanding
Natural Beauty (AONB).
The development would not cause significant harm to the neighbouring residential amenity
spaces.
The proposal would not have an adverse impact on the character and visual amenities of the
street scene or the character and appearance of the Conservation Area (CA).
The traffic movements generated by the development can be accommodated without detriment
to highway safety
The proposed parking layout would make adequate independent parking provision for each
resulting property and would facilitate safe access to the highway.
Other environmental impacts have been assessed and there are not any which are potentially
significant and which cannot be controlled by conditions.
REASON FOR REFERRAL TO COMMITTEE
The application has been called in by Cllr Dr Hall on the grounds of lack of adequate parking
provision and effect on residential amenity through overlooking.
WARD Benenden &
Cranbrook
PARISH/TOWN COUNCIL
Benenden
APPLICANT Mr And Mrs Rod
Dyke
AGENT Mr John Palmer
DECISION DUE DATE
PUBLICITY EXPIRY DATE
OFFICER SITE VISIT DATE
30/03/15
19/03/15
10/02/15
RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining
sites):
App No
Proposal
Decision
Date
15/501752/TCA
Conservation area notification to fell 1
Eucalyptus, Fell 1 Silver Birch.
Pending
consideration
00/02395/FUL
Replacement shop front
Granted
18.01.2001
00/01378/FUL
Alterations to front elevation
Refused
30.08.2000
1) Refused due to the impact on the character and appearance of the Iden Green
Conservation Area.
Appeal dismissed 24.05.2001.
Planning Committee Report
8 April 2015
96/01551/FUL
Change of use - shop to residential
Granted
12.11.1996
87/00888/FUL
Alterations and extensions
Granted
18.09.1987
79/00488/FUL
Alterations and extension to improve
storage/shop facilities and additional self
contained flat
Granted
16.07.1980
MAIN REPORT
1.0
DESCRIPTION OF SITE
1.01
The building on the site is a two-storey four-bedroomed dwellinghouse (a former
village store) set in the middle of the hamlet of Iden Green, to the south of Benenden.
One of the existing bedrooms is labelled as a study however it could equally be used
as a bedroom.
1.02
The building is not listed. External materials are largely white weatherboard on the
first floor and brickwork on the ground floor, with a low-pitched slate roof. The original
shop front remains in place on the front elevation. There is a first floor balcony to the
rear of the building that allows overlooking in to the neighbouring dwelling (Marin
Cottage). The residential curtilage lies to the immediate north and west. Within the
curtilage, there is a flat-roofed, steel clad former workshop building.
1.03
Adjacent dwellings are 12 Oakfield Cottages to the south-west, the aforementioned
Merin Cottage to the north-east and10 Oakfield Cottages to the east. Across the road
lies a church, which is also used as a children’s nursery. The north-east elevation of
the dwelling forms the boundary with Merin Cottage. The dwelling at Merin Cottage
is set close to the north east boundary of its own curtilage, so that the main garden
lies between the cottage and the application site boundary. Vehicular access to the
application site is to the south east, from the adjacent cul-de-sac (Oakfield Cottages).
This cul-de-sac serves 12 dwellings and the access to the application site is from a
turning head at the far end. These properties have off street car parking.
1.04
The land slopes down to the south east, away from the road. The site boundaries
are marked by a mixture of trees, hedges and fences.
1.05
There is currently 1 parking space within the site.
1.06
The site falls within Iden Green Conservation Area and the boundary follows the
boundary of the application site. The properties to the rear, Oakfield Cottages, fall
outside the designated CA.
2.0
PROPOSAL
2.01
The application proposes to split the building into two separate three-bedroomed
dwellings. It was initially proposed to replace the four timber first floor windows on the
front elevation with uPVC windows which were considered by officers to be
unacceptable, but amended plans are expected to be submitted prior to the
committee meeting indicating that the existing sash windows would be retained. No
alterations are proposed to the fascia and former shop windows.
2.02
Two ground floor windows (proposed to be fixed shut and partly obscured) would be
added to the north-east elevation.
Planning Committee Report
8 April 2015
2.03
Various alterations would also be undertaken to the rear elevation, the most
significant of which would be the removal of the external staircase from the rear
garden up to the first floor balcony and a screen added to the balcony on the northeast elevation. A new window would be added to the south east elevation serving
the proposed dining room to Unit 1.
2.04
The former workshop is also proposed to be removed.
2.05
Four parking spaces would be created to the rear of the dwelling, accessed via the
existing access point on to Oakfield Cottages. A new fence is proposed to divide the
existing rear garden to create a residential curtilage for Unit 1. Unit 2’s curtilage
would utilise the garden area to the immediate north of the dwelling.
2.06
Two of the trees within the site (a eucalyptus and a silver birch) to the rear of the
dwelling are also proposed to be removed. There is currently a six-week notification
for this which has yet to be determined by the Council. A silver birch in the south-east
corner is proposed to be retained.
3.0
SUMMARY INFORMATION
4.0
Existing
Proposed
Change (+/-)
Parking Spaces
1
4
+3
No. of Residential
Units
1
2
+1
No. of bedspaces
5
8
+3 (below Local Plan threshold
for developer contributions)
PLANNING CONSTRAINTS
High Weald AONB (statutory protection in order to conserve and enhance the natural
beauty of their landscapes - National Parks and Access to the Countryside Act of
1949 & Countryside and Rights of Way Act, 2000)
Iden Green CA (statutory duty to preserve or enhance the significance of heritage
assets under the Planning (Listed Buildings & Conservation Areas) Act 1990)
Inside LBD
5.0
POLICY AND OTHER CONSIDERATIONS
The National Planning Policy Framework (NPPF) March 2012
National Planning Practice Guidance (NPPG)
Development Plan
Tunbridge Wells Core Strategy (CS)
-
Core Policy 1: Delivery of Development
Core Policy 4: Environment
Core Policy 5: Sustainable Design and Construction
Core Policy 6: Housing Provision
Planning Committee Report
8 April 2015
-
Core Policy 14: Development in the villages and rural areas
Tunbridge Wells Local Plan (LP)
-
Policy EN1: Development Control Criteria
Policy EN5: Conservation Areas
Policy EN6: Shop fronts
Policy H5: Residential Development within the Limits to Built Development
Policy TP4: Access to the Road Network
Policy TP5: Vehicle Parking Standards
Supplementary Planning Documents (SPDs)
-
Alterations & Extensions
Benenden and Iden Green Conservation Area Appraisals
High Weald AONB Management Plan
KCC Interim Guidance Note 3 - Parking
6.0
LOCAL REPRESENTATIONS
6.01
The application was advertised by means of neighbour notification letters and a site
notice posted on 10/02/15. An advert was also placed in the Kent Messenger on
06/02/15.
6.02
9 objections received from 8 properties, citing the following issues;
-
-
7.0
7.01
7.02
Overlooking from the two ground floor windows on the NE elevation;
If allowed, the shape should be identical to those existing on the first floor ie:
the height greater than the width, in keeping with the style of a pre-20th
century listed building. The windows should be non-opening, relying on vents;
They should be glazed with obscuring glass (not white, translucent );
Concern that the term "fixed shut" implies that they could be opened and if of
casement style they would then open over garden (Merin Cottage);
Use of uPVC for windows in a listed building (NB: the building is not listed);
The proposed high-level screen be of lattice/ or bars style (not solid) to
provide support for a climbing rose which is already planted to provide
screening;
Parking issues within Oakfield Cottages – cars parked on the pavements;
Difficulties in turning emergency and construction vehicles plus refuse lorries
and other service vehicles;
Traffic survey should be submitted;
General highways safety concerns;
Insufficient turning space within the curtilage;
No allocation for bin storage.
CONSULTATIONS
Benenden Parish Council (18/02/15)
The Parish Council wishes to recommend approval of this application but requests
the Planning Officer take into consideration comments made by the neighbour
concerning intrusion as a result of new windows to the north/east elevation.
KCC Highways (05/03/15)
The proposal does not meet criteria for comments under the current consultation
protocol arrangements.
Planning Committee Report
8 April 2015
7.03
TWBC Client Services (13/02/15)
No objection. Will need to purchase additional bins.
7.04
TWBC Conservation Officer (17/03/15 – verbal)
No comment
7.05
TWBC Tree Officer (18/03/15 – verbal)
Trees proposed to be removed are of little value to the wider CA and no objection
would be raised to their removal. The encroachment of one of the parking bays under
the spread of the silver birch would not have a harmful impact if the area was hard
surfaced already.
8.0
APPLICANT’S SUPPORTING COMMENTS (SUMMARISED)
8.01
The proposal makes use of the existing pedestrian accesses from Iden Green Road.
8.02
The external appearance of the property will remain as existing, except for House no.
1 which will have two new windows on its north east elevation and one on its south
east elevation.
8.03
The removal of the existing brick staircase which provides access to the existing first
floor annex will greatly improve the appearance of the elevations.
8.04
There is an opportunity to improve the appearance of the rear of these properties by
the removal of the existing large garage/workshop and the brick stair case.
9.0
BACKGROUND PAPERS AND PLANS
Application form
Site location plan
Design & Access statement
Covering letter
Drawing number 3191/1 rev A
Drawing number 3191/2
Drawing number 3191/3 rev A
Email from the agent dated 03/03/15
Drawing number 3191/5
Drawing number 3191/6
Drawing number 3191/7A
Drawing number 3191/8
Drawing number 3191/9
10.0
APPRAISAL
Principle of Development
10.01 The site is located within the LBD. Policy H5 (1) of the LP supports the sub-division
of dwellings into smaller units within the LBD provided that the comprehensive
development of a site would not be prejudiced. This is not considered to be the case
here and the principle of the development is therefore considered to be satisfied.
Visual Impact and impact on the Conservation Area
10.02 The building is noted within the CA Appraisal for Iden Green, and consideration must
be given to the duty to preserve and enhance the CA. Few external alterations are
proposed. The agent has indicated that the existing first floor timber framed windows
on the front elevation will be retained, and amended plans are expected, removing
Planning Committee Report
8 April 2015
the note stating that the windows will be replaced with uPVC. There would therefore
be no external alterations to the front elevation of the property.
10.03 The removal of the external staircase at the rear of the building is not considered to
create an adverse impact on the CA. Neither is the installation of the two ground floor
windows on the north-east elevation. Objections have been raised that they are not
the same size as those above and create a discordant appearance. However, it is
not unusual for ground floor windows to be larger than the windows on upper floors,
creating a vertical hierarchy. It is also noted that the windows on the south west side
elevation are all larger than the proposed new ones, and therefore it cannot be
considered that the proposed new windows would be out of keeping on this property.
10.04 The removal of the workshop to the rear is considered to have a positive impact on
the CA; although it is only really visible from Oakfield Cottages. It is of poor design
and appears in poor repair. Its removal is considered to be a small enhancement.
The proposed parking spaces and fencing to divide the curtilage would be to the rear
of the dwelling and partially screened by boundary fences and hedges, so this
element is not considered to create a significantly harmful impact on the CA.
10.05 The residential curtilage of one of the units is adjacent to and visible from the main
road. In order to preserve the open appearance of this area and to preserve and
enhance the CA, permitted development rights are proposed to be withdrawn for
further outbuildings if planning permission is granted. It is also proposed to remove
permitted developments rights for extensions and under Class A, in order to help
preserve and enhance the CA and provide added protection to the former shop front.
10.06 The application proposes the loss of two trees to the rear. The TWBC Tree Officer
has not objected to this and has advised he is unlikely to do so with regards to the
notification to remove the trees that is currently pending consideration.
10.07 Overall, it is considered that the proposal will preserve and enhance the CA. It is
also considered that the visual amenity of the site, within the AONB, will be
adequately safeguarded.
Residential Amenity
10.08 Objections have been raised to this scheme with regards to overlooking from the rear
of the building and from the two new ground floor windows on the north-east
elevation. The windows serve a hallway and a study respectively.
10.09 With regards to the two new windows, it has been outlined earlier in this report that
the building’s permitted development rights are still intact. Class A of the householder
permitted development legislation allows alterations to a dwellinghouse and
specifically the insertion of windows at ground floor level. It is unfortunate that the
legislation does not address a scenario where a ground floor window could be at a
higher level than the neighbouring property, or where that wall forms the boundary.
Nevertheless, both ground floor windows could be inserted under permitted
development rights without any further recourse to the Council.
10.10 The agent has agreed to the windows being fixed shut and the lower halves being
obscure glazed. This is considered to strike a balance between allowing enough light
to flow in to these areas (which obscure glazing will compromise) and retaining a
degree of privacy to the garden area of Merin Cottage. It is not considered
appropriate to require the whole window to be obscure glazed particularly as the
study window will be the only light source to that room. In terms of possible
Planning Committee Report
8 April 2015
overlooking from the existing roof terrace, this would be reduced by the requirement
for the proposed screen on the north-east elevation, to be provided by condition.
10.11 The alterations to the rear are not considered to create significant harm to residential
amenity. 10 Oakfield Cottages is just under 30m away from The Old Stores. The rest
of the dwellings in Oakfield Cottages are further away, apart from No. 12, which is
9m away to the south-west. Given that windows already exist to the rear of The Old
Stores, there is not considered to be an additional significantly harmful impact
towards the 10 Oakfield Cottages or any of the other dwellings. The additional
window on the south east elevation would be at ground floor level, and although this
is elevated in relation to the properties on the cul-de-sac to the rear due to the slope
of the site, it is not considered that it would result in a significant degree of additional
overlooking, in view of the distances involved and the existing windows on the rear
elevation.
Highways and parking
10.12 All eight objections to this proposal include issues with parking and highway safety.
These will be dealt with in turn.
10.13 The proposal includes four parking spaces, which can be required to be provided and
retained by condition. KCC Parking Standards for three-bedroomed dwellings in
village locations require a minimum of two independently accessible spaces per unit..
Thus it is considered that sufficient parking space proposed, in order to serve the
needs of the development.
10.14 Local residents are concerned that the road cannot accommodate any further
dwellings because there is insufficient on-street parking and that the road is full of
parked vehicles not only from the residents but also at peak times from church-goers
and parents brining/collecting children to the nursery across the road. It would
however be very difficult to sustain refusal at appeal on this basis given that the
minimum off-street parking requirements have been met. There is limited space
within the site for turning of vehicles, in particular for unit 2. However, the cul-de-sac
at Oakfield Cottages is suitable for turning, as it is a quiet residential dead-end, and
highway safety concerns are not likely to arise.
10.15 The existing access point will remain unchanged and opens on to a cul-de-sac. The
drawing indicates that part of the fence will be removed and the access widened.
There are no pedestrian footpaths either side of the access and is considered there
will be sufficient opportunity for any vehicle exiting No. 10 Oakfield Cottages to be
seen by a vehicle exiting The Old Stores. Vehicle movements in this part of the
street will be at low speed.
10.16 One objection has highlighted that the area in front of the section of fence proposed
to be removed will no longer be able to be used as an on-street car parking space;
again, the fence could be taken down an the access widened without planning
permission in any event.
10.17 Thus it is considered that the proposal does not create any significant concerns with
regard to parking or highway safety.
Trees
10.18 One tree is proposed to be retained on site, a Silver Birch in the south-east corner.
Two other trees are proposed to be removed (addressed above). One of the parking
spaces falls within the canopy of the silver birch, but much of the area surrounding it
Planning Committee Report
8 April 2015
is hard surfaced at present. It is not considered that any concerns should be raised
with regard to the impact on trees.
10.19 In conclusion, it is considered that the proposal is acceptable in principle, would not
create a significantly harmful impact upon visual amenity, the Conservation Area, the
AONB, residential amenity, highways or parking. It is considered there are no other
issues which would warrant a recommendation of refusal.
11.0
RECOMMENDATION – GRANT Subject to the following conditions
CONDITIONS to include
(1)
The development hereby permitted shall be begun before the expiration of 3 years
from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning
Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
(2)
The development hereby permitted shall be carried out in accordance with the
following approved plans:
Drawing number 3191/5
Drawing number 3191/6
Drawing number 3191/7A
Drawing number 3191/8
Drawing number 3191/9
E-mail from agent dated 17/03/2015 regarding ground floor windows
Part 9 of application form detailing external materials
Reason: To clarify which plans have been approved.
(3)
The development shall be carried out in accordance with the details of external
materials specified in the application which shall not be varied without the prior written
permission of the Local Planning Authority.
Reason: In the interests of visual amenity
(4)
The area shown on the approved plans as vehicle parking spaces and turning shall
be provided, surfaced and drained in accordance with details submitted to and approved in
writing by the Local Planning Authority before the use is commenced or the premises
occupied, and shall be retained for the use of the occupiers of, and visitors to, the
development, and no permanent development, whether or not permitted by the Town and
Country Planning (General Permitted Development) Order 1995 of the Town and Country
Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 (or
any Order revoking and re-enacting that Order), shall be carried out on that area of land so
shown or in such a position as to preclude vehicular access to this reserved parking space.
Reason: Development without provision of adequate accommodation for the parking of
vehicles is likely to lead to parking inconvenient to other road users
(5)
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995 or the Town and Country (General Permitted Development)
(Amendment) (No 2) (England) Order 2008 (or any Order revoking or re-enacting that Order
with or without modification), no development shall be carried out within Classes A, B or E of
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8 April 2015
Part 1 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order),
without prior approval of the Local Planning Authority.
Reason: In the interests of protecting the character and amenities of the locality, and to
control and regulate development on this site
(6)
Other than approved as part of this application, no further alterations shall be
undertaken to the front elevation of the building (facing Iden Green Road) without the prior
written planning permission of the Local Planning Authority.
Reason: In the interests of maintaining the identity of the building as former retail premises
and in the interests of protecting the character and amenity of the Conservation Area
(7)
Prior to the first occupation of the development hereby approved, windows that are
manufactured as non-opening in nature, with obscure-glazing in the bottom halves shall be
fitted in the new ground floor openings within the north-eastern elevation. They shall be
permanently retained in this condition thereafter.
Reason: In the interests of residential amenity.
(8)
Prior to the first occupation of the development hereby approved, details of the new
balcony screen to the north-eastern elevation shall be submitted to and approved in writing
by the Local Planning Authority. It shall be installed prior to first occupation of the
development hereby approved and permanently retained in accordance with the approved
details thereafter.
Reason: In the interests of residential amenity.
(9)
The approved development shall be carried out in such a manner as to avoid
damage to the existing trees, including their root systems, and other planting to be retained
by observing the following:
(a)
All trees to be preserved shall be marked on site and protected during any operation
on site by temporary fencing in accordance with BS 5837:2005. Such tree protection
measures shall remain throughout the period of construction
(b)
No fires shall be lit within the spread of branches or upwind of the trees and other
vegetation;
(c)
No materials or equipment shall be stored within the spread of the branches or Root
Protection Area of the trees and other vegetation;
(d)
No roots over 50mm diameter shall be cut, and no buildings, roads or other
engineering operations shall be constructed or carried out within the spread of the branches
or Root Protection Areas of the trees and other vegetation;
(e)
Ground levels within the spread of the branches or Root Protection Areas
(whichever the greater) of the trees and other vegetation shall not be raised or lowered in
relation to the existing ground level, except as may be otherwise agreed in writing by the
Local Planning Authority.
(f)
No trenches for underground services shall be commenced within the Root
Protection Areas of trees which are identified as being retained in the approved plans, or
within 5m of hedgerows shown to be retained without the prior written consent of the Local
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8 April 2015
Planning Authority. Such trenching as might be approved shall be carried out to National
Joint Utilities Group recommendations.
Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect
and enhance the appearance and character of the site and locality
(10) Prior to the first occupation of the development hereby approved, the storage building
shown to be removed on drawing number 3191/5 shall be demolished and all resulting
rubbish, materials and rubble removed from the site.
Reason: In the interests of visual amenity, to enable a residential curtilage to be provided for
Unit 1 and to enhance the Conservation Area
Case Officer: Richard Hazelgrove
NB
For full details of all papers submitted with this application please refer to the relevant
Public Access pages on the council’s website.
The conditions set out in the report may be subject to such reasonable change as is
necessary to ensure accuracy and enforceability.