Agenda item

PROPOSAL: Demolition of 2 no. existing cottages and erection of 2 no. replacement detached dwellings and associated garages. Change of use of agricultural land to associated residential use.

OFFICER RECOMMENDATION: Permit.  

57.24        This was an application for demolition of 2 no. existing cottages and erection of 2 no. replacement detached dwellings and associated garages. With change of use of agricultural land to associated residential use.

57.25        The Planning Officer advised that the application related to Nos. 1 and 2 Notcliffe Cottages which were located along the eastern side of an unnamed road in Deerhurst Walton. The application also related to a small area of land situated to the north of the residential curtilage associated with No.1 Notcliffe Cottages. This land currently formed part of a larger parcel of land that surrounded the application site and, in the absence of any planning history, it was assumed that the land was currently agricultural. The application site was bounded by established trees/hedgerows and was located within the Landscape Protection Zone. There was an existing access and parking area to the north, and an existing public right of way passing through the site. The application was submitted in full and sought the demolition of Nos. 1 and 2 Notcliffe Cottages and the erection of two dwellings with associated works, including access, parking and landscaping. The application also proposed the change of use of a small area of land from agricultural into residential use. This change would facilitate the parking and garage area for Plot 1. The site currently comprised a pair of semi-detached, two storey dwellings which were rendered with a pitched roof. The proposed units would comprise: Plot 1 - a two-storey three bedroom pitched roof dwelling with a recessed single storey to the side, located centrally in the garden of No.1 Notcliffe Cottages; and Plot 2 – a two-storey four bedroom pitched roof dwelling located centrally in the garden of No.2 Notcliffe Cottages. Both dwellings would be served by private external amenity areas and detached garages. In terms of the principle of this development, it was judged that the proposal complied with the Council’s residential conversion polices. As outlined in the Officer’s report, the proposed dwellings would be considerably larger than the existing cottages on site; however, it was recognised that the replacement builds had sought to respond to the site's topography and were of a traditional design which incorporated features that reflected the local character. Furthermore, the proposal was considered to be commensurate to the size of the spacious plots and would not appear out-of-character with neighbouring properties located along this part of Deerhurst Walton. Since the Officer’s report was written, the applicant had submitted a detailed schedule of materials to be used and had requested that proposed condition 3, which currently required materials to be signed off prior to works beyond DCP level, be changed so that works were undertaken in line with the submitted materials list. Officers considered this to be a proactive approach, however, little time had been made available to consider whether the suggested materials were acceptable. With this in mind it was recommended that the grant of planning permission be delegated to the Development Manager subject to the amendment of planning condition 3 in order to fully assess the proposed materials.

57.26        The Chair indicated that there were no public speakers for this item and the Officer recommendation was to delegate authority to the Development Manger to permit the application subject to the amendment of planning condition 3 in order to fully assess the proposed materials.

57.27        A Member referred to the consultation response from Gloucestershire County Public Rights of Way in relation to the requirement for a footpath diversion and until such time as that diversion had been agreed no works could commence; he queried whether this would be included as a condition of any permission granted. The Development Manager stated that whilst he understood the point being made he did not think a condition would be necessary as the County Council had its own powers in terms of footpaths and if anything happened to obstruct that footpath or damage that footpath before the applicants had gone through the process of the diversion order then the Authority could take action through that legislation. As Members were aware the guidance stated that Planning Authorities should not look to control things that are dealt with by other legislation and therefore it was his view that a condition on the footpath diversion being undertaken before the commencement of development would not be necessary. The Member recalled problems in the past where a barn had been built over a footpath and the legal process that had ensued plus he personally felt that applicants did not always pay proper due regard to footpaths and their importance to the community therefore he personally felt he would like to see something in writing about the diversion as part of any planning consent approved. The Development Manager indicated that there may be situations where development was carried out without the developers knowing or understanding the footpath requirements or process, but this was not the case in this instance as the applicants were fully aware of the requirements. However, he indicated that if Members were concerned and, in the event that it might not be the applicants that carried out the development, a note could be added to the Decision Notice indicating that a footpath diversion was required before development commenced. After further investigation the Development Manager confirmed that Note 4 on Page No.106 already covered this point.

57.28        Upon being proposed and seconded a vote was taken and it was

RESOLVED           That authority be delegated to the Development Manager to PERMIT the application subject to the amendment of condition No.3 in order to allow the assessment of the proposed materials.