draft dwelling - planning statement 13-10-2016 for client ......scene. a new garden area will be...

BAMBERS BUNGALOW

LANE ENDS

BOTLON-BY-BOWLAND

CLITHEROE

LANCASHIRE

BB7 4PH

PLANNING STATEMENT

Description: Demolition of existing dwelling and erection of

replacement dwelling (including re-defining domestic

curtilage, ground works and provision of sustainable

drainage system).

Client: Mr & Mrs Lynas

Date: October 2016

Planning Statement (Replacement Dwelling) Oct 2016 Page 1

CONTENTS

Page

Contents list & document control 1

Introduction 2

Planning Application History 3

Description of proposed development 4

Planning Policy Context 7

Planning Policy Analysis 9

Conclusions 15

List of supporting documentation 16

DOCUMENT CONTROL

Report Issue

Report Title: Planning Statement

Job Number: 1538

Revision Date Comments

- 14 October 2016 Draft for client comment

A 14 October 2016 Submission version

Prepared by: Dan Matthewman LL.B (Hons) MSc MRTPI

Reviewed by: Marco De Pol BSc(Arch) DipAAS DipTP MRTPI


INTRODUCTION

1. The site is located in the hamlet of Lane Ends at the North West corner of the junction

of Smalden Lane and Barrett Hill Brow near to the settlements of Bolton-by-Bowland

(3.6km) and Grindleton (4.5km). The site is situated within the Forest of Bowland Area

of Outstanding Natural Beauty (AONB).

2. The proposed development is characterised by the replacement of an existing dwelling

and reconfiguration of the land, centred around the provision of a two storey

contemporary dwelling which makes best use of traditional building materials reflective

of the local vernacular building styles. Alongside this, the applicants propose to re-

position and reduce the extent of the domestic curtilage and remove several

unattractive and artificial landscape features which could otherwise have an adverse

impact on the natural scenic beauty of the AONB within which the site is situated.

3. Planning permission was approved for the erection of a replacement dwelling on the

land in 2009 (planning application ref 3/2009/0172); the development was commenced

meaning that the applicant holds an extant planning permission to redevelop the land.

This is a significant material consideration in determination of the current application.

4. The applicants consider that a better design and appearance of the site can be

achieved to the benefit of the site, hamlet and the AONB more widely. The current

proposals are an evolution of previous designs following discussions with the Council.

The proposal is further influenced by the applicant’s unparalleled desire to develop the

site in a manner that is in keeping with the AONB. The reconfiguration of the site and

provision a replacement dwelling includes several other important benefits as follows:

- Approx 10% reduction in the size of the defined domestic curtilage;

- Removal of an unattractive blue carpet laid ménage and timber viewing platform;

- Reduction in areas of surfaced hardstanding and artificial earth bunds;

- Provision of a Sustainable Urban Drainage System (SuDs);

- A programme of native tree planting on the applicant’s land ownership.

5. This document addresses relevant planning policy considerations. It concludes that the

proposal comprises sustainable development and permission should be approved.


PLANNING APPLICATION HISTORY

Application ref. Description of development Decision/date

3/2007/0888 Proposed stable, storage, tack room and trailer

store. Portal frame building with blockwork to

1200mm and Yorkshire boarding above with

Eternite grey sheet roof.

Withdrawn

23/10/2007.

3/2007/1019 Proposed stable, storage, tack room & trailer

store…..Re-submission”

Approved

30/11/2007.

3/2008/0605 “Extension to already approved building and

change of use from general grazing to horse

menage”

Approved

08/10/2008.

3/2009/0021 Application for discharge of condition no. 2

(relating to the containment and storage of

manure) of planning consent 3/2008/0605P.

Approved

11/02/2009

3/2009/0172 “Demolition of existing dwelling and attached

garage. Erection of new dwelling and attached

garage. Alterations to existing vehicular access”

Approved

01/05/2009.

3/2011/0233/P “Application for the discharge of condition no.4

(access materials) and condition no.5 (completion

of access) of planning consent 3/2009/0172P”

Discharged

25/05/2011

Pre-App

2016/ENQ/0028

“Proposed erection of replacement dwelling”

“Proposed development of land to provide

overnight tourist accommodation including

provision of earth bunded glamping pods”

Responses

dated:

March 2016 to

October 2016


DESCRIPTION OF PROPSED DEVELOPMENT

Following detailed pre-application discussions with Principal Officers in the Council’s

Planning Department, planning permission is sought for redevelopment of land and

buildings known as Bambers Bungalow, Lane Ends, Bolton-by-Bowland as follows:

Demolition of existing dwelling

Erection of replacement dwelling

Repositioning of domestic curtilage within site resulting in a net reduction of 10%

Removal of existing horse arena/ménage and hard surfaces and re-profiling of

land to form grazing pasture for agricultural use

Engineering operations to install drainage infrastructure and attenuation pond

Installation of a Bio-disc package sewage treatment plant

Earth works to remove artificial bunds at site boundaries as shown

SITE DESCRIPTION AND PROPOSED SITE LAYOUT

6. The application site boundary occupies an area of 5395sq m (0.53ha). It should be

noted however that the proposed domestic curtilage of the replacement dwelling is

considerably smaller, measuring 1011sq. metres. The purpose of red edging the larger

area is to ensure that other operations such as the removal of and re-grading of the

ménage are carried out with the benefit of express planning permission.

7. Access to the site is made via access gates on Smalden Lane. The existing dwelling is

of single storey construction with a white pebbledash finish and tile roof. An attached

garage is situated adjacent to the roadside and the buildings are enclosed by a yard

and fence at the rear with two lawns to the front. A tarmac parking area and driveway

provide access to an ancillary stable and ménage situated south and west of the

dwelling respectively. The ménage measures approximately 0.14 ha in area and is

excavated from a cut in the slope of the site. At the southern boundary, an earth bund

and lap timber tanalised fence screen the site from the private lane.


DISCUSSION OF PROPOSED SCHEME

8. As indicated in the accompanying Design and Access Statement, the currently

proposed design is a significant evolution when compared to the originally proposed

scheme. Revisions following pre-application consultation have included:

Revised design concept including substantial reductions in footprint and volume

Replacement of flat roof with pitched slate roof and removal of earth bunding

Selection and use of alternative exterior materials of construction

Approx. 10% reduction in proposed domestic curtilage, reducing from 1130 sq m

(as existing) to 1011 sq m (as proposed).

9. One particular point to emphasise is that the current proposals include a significant

rationalisation of the existing site uses and developed areas. As set out briefly in the

introduction, removal of the blue carpet finish of the existing ménage and re-grading

the land to a more natural topography along with the removal of areas of tarmac

hardstanding and a reduction in the size of the defined domestic curtilage will result in

an improved visual appearance of the site.

Aerial photo of site (as existing):


10. The reconfigured site layout will re-position the new dwelling slightly further west to

increase its distance from the road, thereby making it less prominent in the street

scene. A new garden area will be situated next the dwelling and defined by

landscaping and boundary treatments (details to be agreed). The land immediately to

the west (known as ‘home paddock’) will be returned to agricultural use. The south-

east corner of the site will be used for horticulture, fruit and seed growing.

Illustrative photo visualisation:

11. Other changes such as replacement of existing boundary treatments onto Smalden

Lane and the private lane to the south with more sympathetic stone walls and planting

will ensure the replacement dwelling has a more inviting and harmonious relationship

with the built form of the hamlet whilst safeguarding the privacy of the occupants.

12. Separate to the current application, the applicants are advancing a planning application

to establish a small scale ‘glamorous camping site’ (glampsite) to provide overnight

tourist holiday accommodation on the land immediately north of the site. Steps situated

to the rear of the dwelling are incorporated into the scheme in anticipation of approval

being given so as to ensure adequate access and supervision of the glampsite in

accordance with the site’s draft management plan. The glampsite proposal includes an

appropriate landscaping scheme and protections to residential amenity.


PLANNING POLICY CONTEXT

The following section evaluates and considers the relevant planning policies which apply to

the proposals. It sets out general decision making considerations, the national policy

context and locally adopted Core Strategy policies.

General decision making considerations

13. The starting point for decision making is the development plan. Decisions should be

made in accordance with the development plan unless material considerations indicate

otherwise. In this particular case, there are number of other material considerations

which should be given significant weight in the planning balance.

Ribble Valley Borough Council Core Strategy 2008-2028 (RVCS)

14. The statutory development plan comprises the Ribble Valley Borough Council Core

Strategy 2008-2028 (RVCS) adopted in 2014 alongside any saved Local Plan policies

(including Development Plan Documents). Other Council documents of Supplementary

Planning Documents or Guidance are material considerations.

15. The RVCS sets out the strategic policy framework to guide development up to 2028

and includes development management policies to assist in the determination of

planning applications. The policies considered relevant to the proposal are:

POLICY CONTENT

DS2 Sustainable development

EN2 Landscape

EN4 Biodiversity and Geodiversity

DMG1 General Considerations

DMG2 Strategic Considerations

DME1 Protecting Trees and Woodlands

DME2 Landscape Protection

DME3 Site and Species protection and conservation

DME6 Water Management

DMH3 Dwellings in the Open Countryside and AONB

DMH5 Residential and Curtilage Extensions


National Planning Policy Framework (NPPF)

16. The NPPF came into force on 27 March 2012 with the objective of delivering sustained

economic growth, addressing a housing shortage and protecting the environment. It

sets out overarching support for sustainable development alongside a range of policies

on the natural environment, design and plan-led decision making in planning.

17. Decisions should be in general accordance with the NPPF. Regard must also be had

to the National Planning Practice Guidance (2014) (NPPG) alongside any relevant

ministerial guidance. In instances where development plan policies are silent, out of

date or are otherwise superseded, the amount of weight given to them must be

decided as a matter of judgement based on its degree of conformity with the NPPF.

The NPPF stresses that where proposals accord with an up-to-date plan, permission

should be approved without delay as required by paragraph 14 setting out the

Presumption in Favour of sustainable development.

18. Paragraph 155 of the NPPF states that “Early and meaningful engagement and

collaboration with neighbourhoods, local organisations and businesses is essential. A

wide section of the community should be proactively engaged...” In this case, the

applicants have undertaken wide consultation which has included liaison with the

Parish Council, the Borough Council and local residents.

Additionally, the development is proposed with full consultation and support from:

Woodland Trust

Forestry Commission (Andy Bennett)

Royal Society for the Protection of Birds (Gavin Thomas)

AONB Officers (Sarah Robinson and Elliot Lorrimer)

Lancashire Tourist Board (Tom Pridmore)

District Wide Local Plan

19. The Local Plan was adopted by the Council in 1998 and its remaining saved policies

are now superseded by the Core Strategy 2008-2028: A Local Plan for Ribble Valley,

which was formally adopted on 16 December 2014. It is therefore no longer part of the

statutory development plan for the Borough and no weight can be attributed to it.


Planning Policy Analysis

The following section summarises the main requirements and thereafter, the commentary

applies the criteria to the proposed development. For ease, ‘Key Statements’ set out in the

RVCS are referred to as ‘policies’ throughout.

Principle of development and landscape impact

20. The site is located within the Forest of Bowland AONB meaning that decision makers

must have ‘regard to’ the purposes of the designation and as per paragraph 115 of the

NPPF, great weight should be given to conserving lands and scenic beauty of the area.

NPPF paragraphs 17; 156-157 and 170 address landscape in both designated areas

and the countryside. RVCS policy EN2 specifically addresses proposed development

within the Forest of Bowland AONB and DME2 considers landscape impact generally.

Ordinarily this also includes consideration of AONB Management Plans insofar as they

are relevant to the proposals, but they do not form part of the Development Plan.

RVCS Policy DMH3 addresses the principle of new dwellings in the AONB.

21. Paragraph 3 of Policy DMH3 confirms that replacement of existing dwellings is

acceptable in principle subject to three main considerations. The development

complies with bullet point 1 in that the existing dwelling has a lawful residential use.

Bullet point 2 requires the decision maker to consider whether the proposal would

result in an adverse landscape impact. Bullet point 3 requires that consideration should

be given to a whether the replacement generates a need to extend the residential

curtilage. This shall be addressed in more detail below when considering Policy DMH5.

22. In this case, the application is supported by a full Landscape Visual Impact

Assessment (LVIA) and photo montages prepared by Dean Blackhurst BA (hons),

MSC, CMLI of ReLandscape. The LVIA confirms that the proposed development is not

prominent or visually obtrusive in local or wider landscape settings and would not

adversely affect the site or the designation of the AONB. The LVIA concludes that

notwithstanding the relative sensitivity of the landscape to change, the proposal would

have no adverse direct effects but would positively contribute to the setting of the

hamlet in which the proposed dwelling is situated.

23. The proposal therefore complies with Paragraph 3 of Policy DMH3.


General and Strategic considerations (inc. sustainability)

24. General and Strategic considerations are covered in RVCS policies DS2; DGM1 and

DMG2. The starting point of the policies is a presumption in favour of sustainable

development in a manner reflective of Paragraphs 7 and 14-15 together with the

ministerial foreword to the NPPF. Other considerations include location; siting;

materials of construction; design; access; amenity; and environmental constraints.

25. The application site is located outside a defined settlement boundary but as identified

in policy DMH3 the development is acceptable in principle in this rural location. As all

of the other matters referred to in DMG1 and DMG2 are cross-referred to in other

policies in the RVCS, they shall each be addressed in separate sections below.

Curtilage

26. RVCS Policy DMH5 deals with proposed alterations and extensions to a domestic

curtilage and reference is also made to curtilage in Paragraph 3 of Policy DMH3.

Curtilage for the purposes of the policy is taken to mean the land ‘as and with’ the

dwelling which is eligible to rely on Permitted Development Rights conferred by Sch 2,

Part 1 of the General Permitted Development Order 2015 (as amended).

27. Council Planning Officers have advised that, in their interpretation, the policies in

combination aim to prevent the undue extension of domestic curtilages in open

countryside. DMH5 (para 10.22) states that approval will be given where the new

curtilage boundary follows identifiable landscape features and does not harm, or

improves the visual quality of the application site.

28. In this case, the development proposes an approximate 10% reduction in proposed

domestic curtilage, reducing from 1130.sq m (existing) to 1011.sq metres (proposed)

and the removal of unattractive landscape features such as the ménage and bunding

on the southern boundary in particular. The new curtilage will be defined by identifiable

landscape features in accordance with an agreed landscaping plan.

29. The proposal does not require an extension of the domestic curtilage and moreover, it

meets the objectives of policies DMH3 and DMH5 to improve the visual quality of the

site. The development complies with RVCS in respect of curtilage matters.


Design

30. Paragraph 60 of NPPF is clear in relation to the approach local authorities should take

in considering design. It states that “planning policies and decisions should not

attempt to impose architectural styles or particular tastes and they should not stifle

innovation, originality or initiative through unsubstantiated requirements to conform to

certain development forms or styles. It is however proper to seek to promote or

reinforce local distinctiveness”. RVCS policies DMG1 and EN2 set out that

developments should be in keeping with the character of the landscape, reflect local

distinctiveness, vernacular style, scale, features and building materials.

31. The proposed dwelling is contemporary in design, form and appearance. The house

will have a contemporary design which uses an appropriate mixture of stone, timber

traditional pitched slate and green meadow grass roofs to echo the dominant

construction materials in the local area. This allows the building to clearly and

demonstrably respond to local distinctiveness by including design features and

construction materials which are traditional in the hamlet and the AONB more widely.

Illustrative photo visualisation:


32. The scale and form is comparable to other developments of this nature and there is

sufficient separation distance from the remainder of the hamlet situated south and east

of the application site such that the contemporary design is viewed independently.

33. The adoption of a pitched roof constructed of blue slate will ensure that any parts of the

building which remain visible in the wider street setting are in harmony with it. The

palette of recessive and natural green colours proposed (which can be further

controlled by condition) are sympathetic to the rural area.

34. The design is paired-up with alterations to reduce the height of and replace the

boundary walls and means of enclosure with native plant species and natural stone in

order to ensure that what limited views remain of the domestic land are sensitive and

appropriate to the rural village setting.

Illustrative sketch visualisation:

Not to scale

35. On balance, taking all matters into account, the erection of a contemporary dwelling is

both acceptable in principle and in detail. The integration of traditional materials that

respect the AONB designation ensures that the proposal complies with RVCS policies

DMH3; DMG1 and EN2 and engenders further support from NPPF paragraph 60.


Ecology and biodiversity

36. Paragraphs 109, 115 and 118 of the NPPF set out the aim to conserve and where

possible enhance biodiversity and sites of ecological or wildlife importance. RVCS

policies DMG1 (Environment) and EN4 reaffirm this aim, emphasising the need for

development proposals to consider and avoid adverse impacts on sites of recognised

environmental or ecological importance.

37. The application is supported by an extended Phase 1 Ecological survey by Rachel

Hacking Ecology Ltd and a bat survey undertaken by Mr David Fisher of EED Surveys.

The surveys were undertaken in accordance with recognised best practice and JNCC

standards to identify ecological, botanical, non-native invasive plant species and

wildlife and their habitats. There are no constraints which inhibited the surveys and as

such their findings are considered robust and suitable for decision making.

38. The reports conclude that save for the requirement to consider ground nesting birds

during the relevant season (March to August) there are no constraints identified.

39. It is further noted that the applicants have set about a full scheme of environmental and

ecological enhancement on the remainder of the land in their ownership. This includes

active management of the land and provision of new species habitats with the full

support and supervision of the RSPB, the AONB Management Team and the

Woodland Trust (including a woodland planting grant). In terms of the development

proposals of the replacement dwelling itself, the use of green roofs, planted with

appropriate meadow grasses will enhance the ecological benefits of the proposal and

reduce potential for landscape impacts.

40. The proposal is fully compliant with the NPPF and policies DMG1 and EN4 of the

RVCS. The holistic whole site approach being adopted by the applicants should be

recognised for its significant positive contributions.

Protection of trees and woodland

41. Policy DME1 states the need to protect broadleaf woodland. The proposal is supported

by an Aboricultural Impact assessment that confirms only one low quality CAT C tree

needs be removed to enable the development. There is no conflict with policy DME1.


Transport & mobility

42. Section 4 of NPPF requires the provision of a safe and suitable access to

developments and goes on to further states, paragraph 32 that development should

only be refused on highways grounds where the residual cumulative impacts are

“severe.” RVCS policy DMG1 also refers to Access considerations.

43. This application is for a replacement dwelling and thus, there are no greater impacts on

highway movements likely to occur. Access to the site laid out in accordance with the

previous approved planning permission ref. 3/2009/0172 which was devised in

consultation with the Highways Authority at that time and as such the visibility splay for

access is therefore considered adequate and inward opening gates to ensure that

drivers are able to fully pull-off the highway when entering the site.

44. As the proposal involves the removal of the existing equestrian facilities and cessation

of those uses, this is further expected to improve highway safety by reducing number

of towing and slow moving vehicles entering the site.

45. There are no severe highways impacts expected. The proposal complies with DMG1.

Water Management and drainage

46. Policy DME6 addresses flooding and surface water management. It promotes use of

SuDs and requires submission of a sustainable drainage scheme.

47. In this case the development is supported by a full drainage strategy which includes

provision of a SuDs pond which attenuates run-off to Greenfield rates and manages

flood risk to a 1/100 standard. Additionally, many existing areas of hardstanding will be

reduced and porous materials used instead. The proposal complies with Policy DME6.

Renewables, climate change and energy efficiency

48. It is a core planning principle of the NPPF to support and encourage renewable energy

technologies and to reduce carbon emissions. RVCS policy DME5 refers to much

larger schemes for renewable energy generation such as wind turbines and solar

farms and is thus not directly relevant to the current proposal.


49. Policy EN3 refers to recognised standards on how developments can reduce their

energy and carbon footprint. The proposed building will incorporate a range of modern

eco-technologies to create a sustainable energy efficient dwelling with low carbon

emissions and significant environmental credentials. This is will include:

Use of green meadow grass roofs (as shown in the submitted plans) in order to

improve water management and thermal retention;

Installation of a domestic ground source heat pump under Sch 2, Part 1, Class C

of the General Permitted Development Order 2015 (as amended);

Use of grey water harvesting and low water consumption domestic appliances;

Installation of energy efficient lighting and high-thermal efficient glazing to

maximise solar gain and natural lighting;

The use of, where possible: FSC Certified timber and locally sourced natural

stone in construction; environmentally friendly paint or timber treatments with low

or zero volatile organic compounds; natural insulation materials and recycled

aggregates in ground and drainage works.

Additionally, the latest Building Regulations compliance will further ensure integration of

appropriate energy and thermal efficiency performance measures. It should be further

noted that Ministerial Statement ref. HCWS488 dated 25th March 2015 also applies.

CONCLUSIONS

50. The proposal comprises sustainable development that will result in a net benefit to the

site, local area and AONB more widely. The erection of a contemporary dwelling can

be supported in the context of the site and there would be no adverse landscape

impacts. The proposal complies with policies in the NPPF and RVCS Key Statements

DS2; EN2; EN4; DGM1; DMG2; DME1; DME2; DME3; DME6; DMH3 and DMH5.

51. If in the alternative, it is determined that there is any degree of conflict with the policies,

the benefits of the proposal are material considerations that should be given significant

weight in decision making such that permission should be granted in any case.