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APPLICATION NO: WP/14/01013/FUL
29 April 2015
Alteration and extension of existing building to create retail unit on the ground/lower
ground floor and increase residential accommodation from 2 flats to 6 flats.
79 FORTUNESWELL, PORTLAND DT5 1NP
Fortuneswell Developments Ltd
Case Officer: Jo Riley
FOR DECISION
1. SUMMARY RECOMMENDATION
1.1
Grant permission subject to conditions.
2. PROPOSAL
2.1 No. 79 Fortuneswell is a grade II Listed Building dated 1894 formerly a post office. It
is three stories, yellow brick, stone dressings, slate roof and described as a typical
brash commercial design that has remained unaltered.
2.2 The rear of the building is less architecturally pleasing, the ground floor is red brick,
the upper floors are brickwork with rendered cement. A door leads out from the third
floor onto a terrace/decking above a two storey flat roof extension. The interior of the
building retains cornices, original doors and staircases.
2.3 At the moment the basement is one flat, the ground floor retail and the upper two
floors a maisonette. The attic is vacant. The proposal is to retain the ground floor
(and basement) as a retail unit and convert the upper floors to 6 flats. There is a
change of levels so that at the rear the lower ground floor (or basement) is in line
with the rear garden.
2.4 The rear contains an enclosed garden with a large tree and grassed lawn. An old
outbuilding would be demolished. The rear garden could be accessed via new gates
into a wall next to Spring Gardens. No parking is provided for this site.
2.5 Internally the alterations would retain as much of the original fabric as possible. On
the ground floor a staircase would be inserted to lead to the basement, and a small
section of floor altered to a ‘glass floor’ to allow light through to the shops basement.
The shop frontage would remain.
2.6 The rear of the basement would provide a one bedroomed flat (Flat 1) with doors
leading out of the living room onto the rear garden. The ground floor would provide a
one bedroomed flat with a small balcony (Flat 2).
2.7 The first floor front would provide a one bedroomed flat (Flat 3). The first floor rear
would provide a two bedroom flat with a ‘garden room/living room’ with glazed doors
facing the rear and a small balcony leading of the bedroom (Flat 4)
2.8 The second floor and third floor would be split vertically to provide two maisonettes
(Flats 5 and 6), one with one bedroom, one with two bedrooms. The maisonettes
would take in the attic floor to provide en-suite and bedrooms.
3. RELEVANT PLANNING HISTORY
3.1 The application has been the subject to pre-application advice.
Application No.
05/00186/FUL
Proposal
Entrance gates
Decision
Approved
96/00292/ADV
Projecting sign
Approved
4. POLICY CONSIDERATIONS
Weymouth & Portland Local Plan (2005)
4.1 This site falls within the development boundary identified in the adopted Weymouth
& Portland Local Plan 2005 and consequently Policy D1 is relevant. This suggests that
inside the development boundary residential, employment and other development to
meet the needs of the local area may be permitted subject to the General Development
and General Design criteria covered in Policies D3 and B1.
4.2 The site is within the Fortuneswell Conservation Area. Consequently Policy B8
(Protection of Character of Conservation Areas) is relevant. The site is also listed and
there is an associated listed building consent application. There are no saved policies in
the adopted local plan that specifically relates to listed buildings. However Policy B8
states that –
Proposals for development in Conservation Areas will be permitted provided that
they would preserve or enhance the character or appearance of the area and
provided that:
(i)
they would not result in the loss of buildings, open spaces, views or other
features which make a positive contribution to the character or appearance of the
area;
(ii)
they would not result in a significant loss of garden area, trees, hedges or
walls which contribute to the character or appearance of the Conservation Area;
(iii)
they would not result in the loss of architectural features such as windows,
doors, chimneys, porches, which contribute to the character or appearance of the
conservation area.
4.3 Appraisal of the Conservation Areas of Portland November 2014.
‘Maidenwell and Fortuneswell Fortuneswell’s rapid change from small village to main
urban centre from the mid C19 onwards is represented by the substantial number of
dwellings built to accommodate such change, the absorption of Maidenwell, and those
retail premises and businesses still trading, including pubs. In modern times, the Regal
Cinema was replaced by housing and a chapel, the library, a number of shops,
including corner shops, a retail store and Underhill’s one and only bank have undergone
residential conversion. Civic use continues at the Town Council Offices and religious
uses at the Parish Church and Underhill Methodist Church. The Royal Manor Theatre
resides in the former Primitive Methodist Chapel. The Post Office is currently closed.
The name of Coastguard Cottages hints at the C19 coastguard station. Tillycoombe
Farm was redeveloped, as was the National School, whilst another school is a
community centre.’
4.4 The site falls within the Local Shopping Frontage and Policy S6 of the adopted Local
Plan applies: ‘Proposals for ground floor premises within the Local Shopping Frontages
will be permitted where the proposal is for retail or community use, or if not for A1 that
range of convenience shopping is not compromised. ‘
4.5 Policy H5 of the adopted local plan refers to proposals for Flats, hostels and HMOs
and requires that the conversion to be carried out without harm to the intrinsic character
of the building, provision is made for outdoor space, bin storage and cycle stores and
the design would not affect the amenity of nearby residents or result in a cramped form
of development.
4.6
Policy T17 (Parking Guidelines for Residential Development) Policy T17 relates
to the parking provision for all new residential development. Also Policy T6 relates to
providing safer environments.
4.5 West Dorset, Weymouth & Portland Draft Local Plan
4.6 Paragraph 216 of the NPPF states that:
“From the day of publication [of the NPPF], decision-takers may also give weight
(unless other material considerations indicate otherwise) to relevant policies in
emerging plans according to:
•
the stage of preparation of the emerging plan (the more advanced the
preparation, the greater the weight that may be given);
•
the extent to which there are unresolved objections to relevant policies
(the less significant the unresolved objections, the greater the weight that may be
given); and
•
the degree of consistency of the relevant policies in the emerging plan to
the policies in this Framework (the closer the policies in the emerging plan to the
policies in the Framework, the greater the weight that may be given)”.
4.7 Now that the extent of objections to the submitted plan is known and the
examination has passed the hearings stage, we can start to apply varying degrees of
weight to our emerging policies in accordance with the NPPF guidance. As far as this
application is concerned the following policies are considered to be relevant;
INT1- Presumption in favour of sustainable development
ENV4 - Heritage Assets
ECON4 – Retail and Town Centre development
ENV10- The landscape and townscape setting
ENV11- The pattern of streets and spaces
ENV12- The design and positioning of buildings
ENV15- Efficient and appropriate use of land
ENV 16- Amenity
HOUS 4. - Development Of Flats, Hostels And Houses In Multiple Occupation
COM9 - Parking standards in new development
4.8 National Planning Policy Framework
4.9 The national advice in the National Planning Policy Framework 2012 (NPPF)
indicates a presumption in favour of sustainable development, In terms of decisiontaking this means:
• approving development proposals that accord with the development plan without
delay; and
• where the development plan is absent, silent or relevant policies are out of date,
grant permission unless:
any adverse impacts of doing so would significantly and demonstrably outweigh
the benefits, when assessed against the policies in the Framework taken as a
whole; or where specific policies in the Framework indicate development should be
restricted.
4.10 In terms of housing, the NPPF indicates that there is a presumption in favour of
sustainable development and a need to deliver a wide choice of high quality homes,
widen opportunities for home ownership and create sustainable, inclusive and mixed
communities.
4.11 With regard to design, the NPPF attaches great importance to the design of the
built environment and indicates that good design is a key aspect of sustainable
development, which is indivisible from good planning and contributing positively to
making places better for people. It further advises the importance of achieving high
quality and inclusive design, but suggests that planning decisions should not attempt to
impose architectural styles or particular tastes or stifle innovation, originality or initiative
through unsubstantiated requirements to conform to certain development forms or
styles. It does however consider it proper to promote or reinforce local distinctiveness.
4.12 Part 12 of the National Planning Policy Framework relates to conserving and
enhancing the historic environment
Para 131 - In determining planning applications, local planning authorities should take
account of:
●the desirability of sustaining and enhancing the significance of heritage assets and
putting them to viable uses consistent with their conservation;
●the positive contribution that conservation of heritage assets can make to sustainable
communities including their economic vitality; and
●the desirability of new development making a positive contribution to local character
and distinctiveness.
Para 132- When considering the impact of a proposed development on the significance
of a designated heritage asset, great weight should be given to the asset’s
conservation. The more important the asset, the greater the weight should be.
Significance can be harmed or lost through alteration or destruction of the heritage
asset or development within its setting. As heritage assets are irreplaceable, any harm
or loss should require clear and convincing justification. Substantial harm to or loss of a
grade II listed building, park or garden should be exceptional. Substantial harm to or
loss of designated heritage assets of the highest significance, notably scheduled
monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I
and II* registered parks and gardens, and World Heritage Sites, should be wholly
exceptional.
4.13 In terms of decision taking the following are also relevantPara 186 - Local planning authorities should approach decision-taking in a positive way
to foster the delivery of sustainable development. The relationship between decisiontaking and plan-making should be seamless, translating plans into high quality
development on the ground.
Para 187 - Local planning authorities should look for solutions rather than problems,
and decision-takers at every level should seek to approve applications for sustainable
development where possible. Local planning authorities should work proactively with
applicants to secure developments that improve the economic, social and
environmental conditions of the area.
Supplementary Planning Guidance
4.14 SPG2 Listed Buildings and Conservation Areas, SPG3: Urban Design.
5. STATUTORY CONSULTATIONS
5.1 Dorset County Council – No objection.
5.2 WPBC Community Protection – Please condition no bonfires and limit hours of work.
5.3 WPBC Conservation Officer – The proposal has been the subject of pre-application
guidance and amended plans received during the course of the application to address
conservation officer concerns. The present proposals follow suggestions made during
site visits. The main alterations to the fabric is in the ground floor front room which
formed the public area of the Post Office, where the proposal is to insert a set of stairs
to give direct access to the basement area. The overall benefit to the building of the
proposals is to bring into use the underused spaces of the building and in this case
overcomes any loss of historic fabric. Attach a condition that the sections of floor joists
are retained for future use.
6. OTHER CONSULTATIONS
6.1 None relevant
7. REPRESENTATIONS
7.1 I have received one letter of support which says that the proposal would greatly
enhance the street scene and historic features will be restored on its frontage. The
plans for the shop should make it desirable and encourage much needed business
to the area.
7.2 The 2 letters of objection say that the scheme for 6 flats is overdevelopment. There
is no provision for parking and there would be a lack of privacy and light to 81A
Fortuneswell. There should not be any access to the rear of the property from Spring
Gardens across the rear of 79 Fortuneswell.
8. PLANNING ISSUES
8.1 The main planning issues relevant to this application are:




Policy;
Design/Conservation;
Local amenity/amenity for potential occupiers.
Highways and parking.
8.2 Policy
8.3 This site is within the development boundary and as such is within a location where
residential, employment and other development to meet the needs of the local area
may be permitted.
8.4 The ground floor would retain the retail element albeit somewhat reduced in size
from the large post office space, however it would retain the shop frontage and allow
an adequate space to provide retail and consequently some employment to
Fortuneswell in this local shopping area.
8.5 In support of the additional housing from the conversion, the Council has published
information confirming that it cannot demonstrate a five year housing supply. In the
absence of a five year housing supply the NPPF makes it clear that housing
applications should be considered in the context in favour of sustainable
development. Para 14 of the framework states that permission should be granted
unless any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits when assessed against the polices in the Framework taken as
a whole or specific policies in the framework indicate development should be
restricted.
8.6 Fortuneswell is considered a sustainable location where there are regular buses
and local services and therefore development of this site is considered acceptable in
principle.
8.7 Design and heritage assets:
8.8 The important part of the building in the conservation area is undoubtedly the
impressive frontage facing the street and this element would remain with both the
residential and commercial retaining their own front doors. None of the windows on
the front would be altered and in terms of the setting of the conservation area, the
rear of Fortuneswell has been much altered with the extension to this building and
its neighbouring buildings, in particular No. 77 has a large flat roof rear extension.
The proposal which would have a ‘garden room’ extension above the existing flat
roof allowing the main building to be seen through the glazing is not considered to
adversely affect the character of the conservation area. Two conservation style
rooflights would be inserted at the front and rear, these are not considered to be
harmful to the street scene.
8.9 Some of the plan form of the listed building would be altered, namely by the removal
of existing partition walls and the insertion of a staircase on the ground floor. Where
possible existing windows within the building and at the rear have been retained.
The Conservation Officer has not raised any objection and in this regard the
proposal is considered to preserve the appearance of the listed building and
conservation area and pass the tests as set out in Section 72 and 66 test as set out
in the Planning (Listed Buildings and Conservation Areas) Act 1990.
8.10 Local Amenity/Amenity for potential occupiers:
8.11 Each of the flats would have their own front doors once inside from the door onto
the street. Whilst some flats are larger than others, flat 4 in particular would have a
balcony and large amount of light and outlook to the rear. All the flats have living
rooms and bedrooms with natural light and ventilation and if they do not have
access to the ground floor garden, have a full length window and Juliette balcony. A
bin storage area and cycle storage area is provided, which is in line with Policy H5
of the adopted local plan and Hous 4 Policy of the Emerging Local Plan.
8.12 I have received objections concerned with the site being overdevelopment.
However, the 6 flats are considered to fit comfortably within the building without too
much additional massing being required as two flats are being created within
unused loft space at present. In terms of overlooking the garden room would extend
over the existing flat roof which allows an external seating area and views down to
neighbouring gardens rear at present. To the south is No. 77 which presents a large
blank wall to the terrace and No.81 is separated by its exiting blank side of a two
storey extension. There would be an extension of 1.8m coming out at upper ground
floor level to provide a balcony to Flat 2. Whilst there would still be some views to
neighbouring gardens as there is at present there would be no direct overlooking
into windows.
8.13 Comments have been received with regard to the pedestrian access being
created across the rear of No. 79 Fortuneswell. This is to provide a way of taking
bins out from the back of the site. The hole in the boundary wall to Spring Gardens
has already been agreed on a previous proposal to provide off street parking to No.
77.
8.14
Parking and Highways:
8.15 There is no parking available within the site and therefore no parking provision
provided. This is not uncommon in terraced properties or within Fortuneswell, which
is a sustainable location where a nil parking provision is acceptable. There are also
no highway objections.
9 SUMMARY OF ISSUES
9.1. The principle of conversion to 6 flats is acceptable and would not harm the intrinsic
character of this building in the conservation area. Neighbouring amenity would not
unduly harmed and the fabric and plan form of the listed building not significantly
altered. There are no developer contributions required given the number of units
proposed.
10 RECOMMENDATION
10.12 Grant permission subject to the following conditions:
i)
3yrful The development to which this permission relates must be begun
not later than the expiration of three years, beginning with the date of this
permission.
Reason: This condition is required to be imposed by Section 91 of the
Town and Country Planning Act 1990 (as amended).
ii)
PLAN 1 (Approved plans) The development hereby approved shall be
carried out in accordance with the approved plans listed above.
Reason: for the avoidance of doubt and in the interests of proper planning.
iii)
Materials: Samples Before commencement of development unless
otherwise agreed by the Local Planning Authority, details and samples of
all facing and roofing material and balustrading materials, shall be
submitted to and approved in writing by the Local Planning authority and
the development shall be completed in accordance with these details.
Reason: To ensure that the external appearance of the building is
sympathetic to its locality in accordance with Policy B1 of the adopted
Local Plan 2005 and emerging Policy ENV10 of the West Dorset,
Weymouth and Portland Local Plan 2012.
iv)
No development approved by this permission shall be commenced until a
Construction Environmental Management Plan incorporating demolition
method statement and construction works have been submitted and
approval by the Local Planning Authority. The method statement should
limit hours of work as Monday to Friday 08:00 – 18:00, Saturday 09:00 13:00 and removal of asbestos if present. The scheme shall thereafter be
completed in accordance with the agreed details within the method
statement.
Reason: In the interests of neighbouring amenity in accordance with Policy
D3 of the adopted Weymouth and Portland Local Plan 2005 and emerging
Policy ENV14 of the joint West Dorset, Weymouth and Portland Local Plan
2012.
v)
The sections of floor joists removed from the ground floor of the building
shall be protected and stored on site and retained thereafter. Details of
their storage and their future reinstatement as necessary shall be agreed
with the Local Planning Authority before their removal.
Reason: To protect the special historic interests of the building in
accordance with NPPF part 12 and ENV4 of the emerging West Dorset,
Weymouth and Portland Local Plan 2012.
11 BACKGROUND PAPERS
WP/14/01013/FUL