APPENDIX D - EASTERN AREA DEVELOPMENT CONTROL SUB-COMMITTEE - 18TH DECEMBER 2002 : Development Control Committee on 28/01/2003

Waverley Borough Council Committee System - Committee Document

Meeting of the Development Control Committee held on 28/01/2003
APPENDIX D - EASTERN AREA DEVELOPMENT CONTROL SUB-COMMITTEE - 18TH DECEMBER 2002

Eastern 35
APPENDIX D

WAVERLEY BOROUGH COUNCIL

EASTERN AREA DEVELOPMENT CONTROL SUB-COMMITTEE
18TH DECEMBER 2002

REPORT TO THE MEETING OF THE DEVELOPMENT CONTROL
COMMITTEE ON 28TH JANUARY 2003

PART I - Reports containing recommendations for decision by the Committee

A. APPLICATIONS FOR PLANNING PERMISSION

Your Sub-Committee has considered applications for planning permission as listed in the agenda for its meeting on 18th December 2002 and has dealt with these in accordance with the approved Scheme of Delegation. The following application is referred to this Committee for consideration:

A.1 (i)	WA02/1110 Mr and Mrs K Newnham 07.06.02	Conversion of property to include internal works to form four independent dwellings together with the erection of a sun-room at Hyde Farm House, Guildford Road, Shamley Green (as amended by letters and plans dated 24.09.02 and 09.10.02)

A.2	WA02/1111	Listed Building Application for the erection of an extension and internal alterations to provide four independent dwellings together with the erection of a sun-room at Hyde Farm House, Guildford Road, Shamley Green

	Grid Reference:	E:503131 N:144048
	Parish:	Wonersh
	Ward:	Shamley Green
	Development Plan:	Green Belt C1, AONB, AGLV, C3, HB, Shamley Green Conservation Area, Policy H4
	Highway Authority:	Recommend conditions
	Drainage Authority:	Recommend condition
	Parish Council:	Whole site is outside the village envelope within Green Belt and Surrey Hills Area of Outstanding Natural Beauty. Some internal subdivision would not be unreasonable but application needs careful checking against Listed Building requirements and designations. Additional dwelling density will require further easements for access compared to original that has been granted. Concern that in recent times the width of the access across the common land to Hyde Farm has been greatly increased, stream flow has been diverted. Drawing marked stables is believed to be a separate dwelling converted some years ago. Chief concerns to preserve heritage features and to minimise intensification of use of site
	Consultations:	Shamley Green Village Society - would like to see more precise analysis of the likely traffic increase assuming two or more cars per dwelling. Would not wish to see further increases of dwelling or construction at the site e.g. garages, extensions or new buildings. A suitable condition should be attached if planning permission is granted. Property and Development Manager - the applicant has been advised that, under clause 1(i) of the deed of Grant from the Council, it only permits the applicant to cross the common for all purposes connected with the use of Hyde Farm House as a single private dwelling house with Granny Annexe. A new deed of grant would be necessary to suit the proposal.

Relevant History

WA87/1089	Erection of extensions and alterations as amended 06.07.87 subject to Section 106 Agreement.	Permission 26.03.91
WA87/1090	Listed Building Consent for the erections of extensions and alterations as amended	Permitted 26.03.91
WA97/0797	Erection of a cart shed	Permitted 30.07.97
WA97/1566	Listed Building Consent for alterations to ground floor of garage to provide ancillary accommodation	Permitted 31.12.97

Description of Site/Background

Hyde Farm House comprises an L-shaped complex of buildings of the main farmhouse and an extension linked through to a converted barn and annex all principally used as a dwelling house with the annex being ancillary accommodation. The Farm House is Grade II listed with the barn being locally listed and looks inwards towards a gravel parking area and cart shed. The site is in grounds of 0.8 ha shielded from the B2128 by vegetation. Access is across common land for which there is currently an easement for passage of vehicles to serve the one main dwelling and Granny Annex. The site is just outside the settlement boundary of Shamley Green but lies within the Conservation Area and is within the Green Belt and Area of Outstanding Natural Beauty/Area of Great Landscape Value.

The Proposal

The proposal is to convert these linked buildings by mainly internal alterations to form four dwelling units. An associated listed building application has also been submitted and is considered in this report. The applications also propose a small sun-room of 4 m x 2 m on the south-western flank of the main farmhouse building. The accommodation proposed is to provide a three-bedroomed unit in the original farmhouse; a four-bedroomed unit in what is currently an extension to the farmhouse; a three-bedroomed unit in the barn linked to the extension of the main farmhouse but rendered independent of it and the annex adjacent to the barn to provide a two-bedroomed dwelling. Nine car parking spaces are indicated as being provided in the access forecourt.

Submissions in Support

The agent writes in submission that the proposals would:

Make more effective use of this large residential property within the scope of national and local policy.

· Be appropriate to the character of this semi-rural area and consistent with policies within the Green Belt with particular reference to paragraphs 3.8 and 3.12 allowing for a change of use being not inappropriate subject to certain criteria. These criteria are restated in Policy C1 of the Waverley Borough Local Plan 2002.

· Result in no significant alterations to the listed building.

· The property, having more than twelve habitable rooms (22 rooms), is capable of falling under Policy RD4 of the Local Plan and the proposals meet the criteria within the policy.

· The proposal would not affect the setting of the property and as the nearest house is some 100 m distant would not harm the amenities of any neighbouring dwellings.

· The proposal includes no significant extensions or alterations to the external appearance of the building.

· The amount of traffic generated by four dwelling units would not be significantly greater than that generated by the existing uses.

· Car parking arrangements would be similar to those in current use and would not detract from the rural appearance of the area.

· The more efficient use of housing land is supported in PPG3 and 7 in certain circumstances.

· Paragraph 15 of PPG15 advises that the best way of securing the upkeep of historic buildings is to keep them in economically viable uses and that “new and even continuing uses will often necessitate some degree of adaptation.”

· The existing building lends itself to the form of residential sub-division, the applicant having carefully considered the character of the building and that the proposed sub-division would result in the minimum disruption or alteration to the layout.

· No new window or door openings or other alterations to the external appearance of the building other than a small sun-room as proposed.

Relevant Policies

Policies PE1, PE7, PE12 and RU3 of the Surrey Structure Plan 1994

Policies L01,L05, L06, SE4 and SE6 of the Surrey Structure Plan 2001

Policies D1, D4, C1, C3, HE3, HE4, HE5, HE8, H4, H6, RD4, RD7 and M14 of the Waverley Borough Local Plan 2002.

Main Planning Issues

· whether the proposals comply with Policy RD4 of the Local Plan;
· whether the proposals are acceptable in listed building terms;
· whether the proposals are acceptable in terms of impact on the Metropolitan Green Belt, Area of Outstanding Natural Beauty and Area of Great Landscape Value and the issue of the domestication of the curtilages;
· whether the proposals comply with Policy H4 of the Local Plan;
· highway implications;
· stable block.

Policy RD4

It is considered that the proposals fall within the scope of Policy RD4 which allows for the sub-division or conversion of large country houses. Overall the property has 22 habitable rooms, albeit arising from extensive previous extensions as well as being linked to the locally listed barn associated with the original farmhouse. It is understood that applicants occupy the main part of the building and an elderly parent occupies the annex. It is considered that the scale of accommodation as existing is larger than would normally be occupied by a single family.

Listed Building Considerations

The modest alterations lend themselves to acceptable sub-division of the property without detriment to the character of the historic building and its setting. In consequence there is no significant impact on the listed buildings or character of the Conservation Area.

Metropolitan Green Belt/Area of Outstanding Natural Beauty/Area of Great Landscape Value and domestication of the curtilages

The proposed sun-room is not considered to have any material impact on the Area of Outstanding Natural Beauty/Area of Great Landscape Value being shielded by extensive vegetation within and surrounding the curtilage of the site.

The sub-division of the curtilage to accommodate individual gardens is not proposed as part of this application. The rear of the current linked properties does not readily lend itself to sub-division as the current gravel pathway to the rear is flanked by a high bank to the paddock beyond. The front area is allocated for vehicular access and parking. However, over-domestication of the immediate garden areas is something that that the Council would wish to prevent within the Green Belt and this, together with restrictions on permitted development rights, could be covered by suitable restrictive conditions.

Members should be aware that there are previous Section 106 agreements on the land supporting conditions attached to previous planning and listed building permissions and consents to maintain the ancillary accommodation as such and not to allow it to be sold, leased or otherwise disposed of independently of the main dwelling house. These agreements were made in 1991. Clearly, if planning permission is granted for the current scheme, authority will need to be given to the rescinding of these agreements.

Policy H4

The original submission comprised five dwellings and was in conformity with Policy H4 (Density and Size of Dwellings). However, owing to the Council’s Historic Buildings Officer’s concerns over the impact of the five dwelling scheme and certain alterations to the barn (that have now been omitted), on the integrity of the locally listed structure, the scheme has been reduced to four. This also assisted to address some of the planning concerns.

As a result of the reduced number of units and the increase in floorspace of the three-bedroomed unit of the proposed barn conversion, the scheme does now not meet the provisions of Policy H4. Two of the units are now over the minimum 165 sq m limit (the original farmhouse being 197.69 sq m and the converted barn being 237.67 sq m.). Also the mix proportions are now consequently below that required of the policy but only by about 5% short in terms of three-bedroomed requirement but 25% short in terms of two-bedroomed requirement. Normally the application would be recommended for refusal on Policy H4 grounds. However, the integrity of the listed buildings is considered to be a fundamental issue in this case. On balance your officers consider that, in view of the special circumstances, the application is acceptable despite the failure to meet Policy H4.

Highway Requirements

It is to be noted that the County Highway Authority has raised no objections and is recommending conditions requiring approval of a detailed car parking layout prior to development being occupied. Nine spaces are indicated as being accommodated within the courtyard area and are reasonably discreet in the context of the surrounding area.

Stable Block

The stable block referred to by the Parish Council is used for the stabling of horses only.

Conclusions

Although located within the Green Belt, the proposals are considered to be acceptable in principle comprising, in effect, the conversion of an existing very large dwelling. The proposals do not have any significant impact on the openness of the Green Belt, character of the Conservation Area nor on the Area of Outstanding Natural Beauty/Area of Great Landscape Value.

These applications are before this Committee as the Eastern Area Development Control Sub-Committee does not have authority to discharge legal agreements.

It is therefore recommended that, with regard to application WA02/1110

5. permission be GRANTED, subject to the making of a legal agreement within six months and at the applicant’s expense, to provide for the discharging of the previous legal agreements on implementation of this application and to the following conditions:

1. Standard approval of materials (4.4)

2. Standard restriction on permitted development (11.2) *1(buildings, structures, works, alterations or operations) *(A - H) *3(erected, undertaken or carried out)

3. Standard no new fences/means of enclosure (11.4) *1(within the curtilage of any new dwelling hereby approved)

4. Standard refuse storage (16.1)

5. Standard parking and turning (HC6) *(a) *(No new development shall be occupied until space has been laid out within the site in accordance with the approved scheme to be submitted to and approved in writing by the Local Planning Authority for cars to be parked. The parking shall be used and retained exclusively for its designated use)

Standard Method of Construction Statement (HC8) *(No development shall take place) *(c) *(storage of plant and materials) *(has been)

7. Standard Landscape Management Plan (25.12)

8. There shall be no storage of materials, no fires, dumping or tracking of machinery within 5 m of any watercourse. Prior to any works, the applicant, for approval by the Planning Authority, shall submit methods of working around and protection to on-site watercourses and water features.

Reasons

1. Standard (RC8) *1(retain control over the development hereby permitted) *2(PE12) *3(SE4) *4(D4 and H8)

2. Standard (RC9) *1(restrictive policies which apply in this area) *2(PE2) *3(L06) *4(D1, D4, C1, HE3, HE5 and HE8)

3&7. Standard (RC7) *1(character of the area) *2(PE2) *3(L06) *4(D1, D4, C1, HE3, HE5 and HE8)

4. Standard (RC5) *1(character and amenities of the area) *2(PE2) *3(L06) *4(D1, D4, C1, HE3, HE5 and HE8)

5. In order that the development should not prejudice highway safety, nor cause inconvenience to other highway users.

6. As 5 - Conditions 5 and 6 are required to satisfy Policies MT2 and MT5 of the 1994 Surrey Structure Plan.

8. To avoid pollution of watercourses and water features and in the interest of amenity and to comply with Policies EN1 of the Surrey Structure Plan 1994, Policy SE1 of the Surrey Structure Plan (Deposit Draft) 2001 and Policies D1 and D4 of the Waverley Borough Local Plan 2002.

With regard to application WA02/1111,

6. subject to the making of a legal agreement, within six months and at the applicant's expense, to provide for the discharging of the previous legal agreements on implementation of this application, Listed Building Consent be GRANTED subject to the following condition:-

1. Standard approval of details (23.2) *(a) *(1:5) *(of sun-room to include details of joinery, eaves, roof verge) *(b) *(e) *(test panel of brick and mortar joints) *(f) *(re-use of specifically salvaged architectural features)

Reason

1. Standard (RC20).

Background Papers (DoPD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

PART II – Matters reported in detail for the information of the Committee

There are no matters falling within this category.

PART III – Brief summaries of other matters dealt with

Background Papers

The background papers relating to the following report items are as specified in the agenda for the meeting of the Eastern Area Development Control Sub-Committee.

B. PLANNING APPEALS

B.1 Appeals Lodged

WA02/1516	Erection of a detached dwelling following demolition of existing dwelling (revision of WA02/0747) at Woodcote, Wanborough Lane, Cranleigh

WA02/1299	Erection of a detached garage at Cranberries, Wanborough Lane, Cranleigh

WA02/0749	Erection of a two storey extension and a porch at Cobden, Cranleigh Road, Cranleigh

B.2 Inquiry Arrangements

Your Sub-Committee has noted information on Public Inquiry Arrangements for its Planning Appeals.

C. Enforcement Action - Current Situation

Your Sub-Committee has noted a report on the current situation regarding enforcement and related action previously authorised.

comms/devcon/2002-03/054