Agenda item

This application is for the part retention of the existing building with alterations to remove the first storey to create a single storey dwelling.

The application has been called in for consideration by Members by Councillor Doughty as he considers the application to be sensitive by virtue of the health condition of the occupant of the building. [Strensall] [Site Visit]

Members considered a full application by Mr and Mrs R Binns for the part retention of an existing building and alterations to create a single storey dwelling (revised scheme).

Representations in support were received from the agent for the applicants. He spoke about the personal family circumstances of the applicants, and passed on the applicant’s apologies that they had not obtained planning permission before the existing building had been constructed. He added that he did not feel that the annex would have a detrimental impact on the green belt and its amended size would not constitute inappropriate development.

Further representations were received from the Ward Member Councillor Doughty. He raised a number of points including;

·        That in his view, the National Planning Policy Framework stated that both social needs and redevelopment of previous sites which did not harm the green belt were permissible.

·        That as the dwelling would be of a single storey height that that it would be out of view from neighbouring properties.

·        That the removal of the dilapidated piggery nearby would contribute to the openness of the site.

·        That, if approved, a condition should be added on to planning permission to not allow for the annex to sold separately to the main dwelling.

Some Members felt that the building would not have a detrimental impact on the green belt. They added that the proposed shelter belt at the rear of the property would allow for screening of the building.

Other Members expressed concern that approval of the application might set a precedent and felt that they had not heard feasible planning reasons for approval of the application. Additionally, they raised concerns as to the future use of the building if the current occupiers did not reside there, for instance for letting out purposes.

Some Members pointed out that the existing building had been on the site for a number of years, and that permission was previously given to allow for the building to be used as a holiday let, which was supported by a decision from a Planning Inspector. They added that even if there was some linkage between the main building and the annex, that this might not prevent the building being let out. Other Members suggested that a condition to put a timescale on construction works should be added to permission, if the application was approved.

RESOLVED:       That the application be approved with the following conditions;

1.   The development hereby permitted shall be carried out in accordance with the following plans:-

Drawing Numbers A1-A3 received 13 March 2012

Drawing Numbers 201102/100 received 13 March 2012

Drawing Numbers 201102/101 received 13 March 2012;

Reason:     For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

2.   The proposed additional accommodation shall only be occupied and used in conjunction with the occupancy of the existing main dwelling, and shall not be occupied, sold, leased, rented or otherwise disposed of, as a separate dwelling unit.

Reason:      To prevent the building from being used as a separate residential unit. A dwelling to the rear of the linear development along Strensall Road would be at odds with the prevailing character of development, and would not fall within development considered to be appropriate in the Green Belt as set out in the National Planning Policy Framework and Policy GB1 of the City of York Development Control Local Plan. The use of the building as a separate dwelling with the potential for associated domestic paraphernalia and development this entails would also increase the visual impact of the building within the Green Belt causing harm to the openness of the Green Belt and therefore contrary to the national policy contained in the National Policy Framework.

3.   The alterations to the building including the removal of the first floor and the garden fence as so to comply with Drawing A1-A3 (received 13 March 2012) shall be completed within 6 months of the date of this planning permission. The rubble and other materials resulting from the removal of the first storey that are not reused in the alterations shall be removed from the site within 6 months of the date of this planning permission.

Reason:     To ensure that the unauthorised development is altered to conform to this permission and so that its impact on the green belt is reduced.

4.   There shall be no habitable rooms in the roof space of the approved single storey building.

Reason:     The accommodation hereby approved is for use as an annex only; further development of the building may result in disproportionate accommodation above what is reasonably expected of annex accommodation.

5.   The roof tiles of the existing building shall be reused for the building hereby approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason:     To ensure that the finished appearance is to the satisfaction of the Local Planning Authority.

6.   Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B, C, D, E, F and G of Schedule 2 Part 1 of that Order shall not be erected or constructed.

Reason:     In the interest of openness of the Green Belt, and the building is to be used as an annex to the main accommodation of 238 Strensall Road therefore the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as “permitted development” under the above classes of the Town and County Planning (General Permitted Development) Order 1995.

7.   Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Development Order 1995) (or any Order revoking or re-enacting that Order), no fences, gates, walls or any other means of enclosure shall be erected around the annex building.

Reason:     The creation of an enclosed garden around the building together with the level of accommodation provided within the annex building would conflict with the approved use as an annex to the main dwelling. The creation of an enclosure around the building with potential for domestic paraphernalia would increase the impact of the development within the Green Belt causing harm to the openness of the Green Belt and therefore contrary to the national policy contained in the National Planning Policy Framework.

8.   Within 3 months of the date of this permission a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs to supplement existing vegetation along the boundaries of the property within the control of the applicant shall be submitted to the Local Planning Authority. Thereafter the scheme as may be agreed in writing by the Local Planning Authority shall be implemented within a period of 9 months of the date if this permission. Any trees or plants which within a period of five years, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason:     So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species along the boundaries, in the interests of the additional screening of the development from the adjacent open countryside and green belt.

9.   The trees and hedging along the southern and northern boundary of the whole site as shown by the blue line on Drawing Number 201102/100 shall be retained.

Reason:     The trees and hedging create screening of the proposed annex from the wider area.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, the proposed building is not considered to have a further impact than the previous outbuilding that was on the application site and as such these are considered to be very special circumstances and that outweigh the harm to the greenbelt and the presumption against inappropriate development in the greenbelt. Therefore it is considered to comply with the National Planning Policy Framework.

Informative:         It is noted that the applicants offered to remove the caravan on the site. For clarification no application has been received for the siting of a caravan on this site and as such the siting of the caravan is unauthorised. The applicants are advised to remove the caravan and submit a timetable for its removal to the Local Planning Authority.