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APPLICATION NO. |
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APPLICATION TYPE |
FULL APPLICATION |
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REGISTERED |
10.3.2022 |
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PARISH |
WOODCOTE |
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WARD MEMBER(S) |
Jo Robb Lorraine Hillier |
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APPLICANT |
Mr R Hawthorne & Mr J Hawthorne |
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SITE |
Land at 69 West Chiltern Woodcote, RG8 0SG |
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PROPOSAL |
Proposed new dwelling. (Amended plans received 30th May 2022, reducing depth of front projection, relocating dormer windows to front roofslope and increasing off-street parking provision) |
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OFFICER |
Simon Kitson |
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This report sets out the justification for the recommendation to grant planning permission having regard to the development plan and other material planning considerations. The application is referred to the planning committee because the recommendation to approve planning permission conflicts with the views of Woodcote Parish Council.
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1.2 |
The site The application site is a residential property located at the end of a cul-de-sac within the built-up limits of Woodcote. The area proposed for development measures approximately 425 sq.m and it currently serves as part of the domestic gardens maintained by the owner of no. 69 West Chiltern. The site is identified on the map extract attached at Appendix 1.
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1.3 |
The site falls within the Chilterns Area of Outstanding Natural Beauty (AONB). There are no trees within the site protected by a Tree Preservation Order (TPO).
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1.4 |
The proposal In 2021 an application was submitted for the erection of a new dwelling on the land. This was subsequently withdrawn following a number of concerns expressed by the Council. These were primarily in relation to aspects of the design, the impact upon neighbouring amenity and the level of parking provision. Extracts from the withdrawn scheme are attached at Appendix 2.
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1.5 |
The application seeks planning permission for a three-bedroom dwelling (two bedrooms at first floor). The main changes from the withdrawn scheme are a reduction in the scale of the dwelling, a simplification of the design and an increase in the level of parking provision. The amended dwelling would have a footprint of approximately 125 sqm and a height reaching approximately 5.65m to the ridge, with first floor accommodation in the roof space. Three parking spaces are proposed and there would be a rear garden area of approximately 140sq.m.
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1.6 |
The proposed site plan, elevations and floor plans are attached at Appendix 3. All associated documents and consultation responses can be viewed on the council’s website: www.southoxon.gov.uk |
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
Woodcote Parish Council – Objection · Still an overdevelopment of the site · The dwelling would still be close to existing neighbours’ boundaries on all sides. This looks cramped and not in keeping with village feel · Moving dormers to front of building reduces privacy issues with original plan but has not eliminated them due the proposed property being so close to boundaries with adjacent properties · Parking and access to adjacent properties on that part of the road is still a concern. There are 5 existing driveways in close proximity and accidents have already happened. The parking spaces in a row may be unrealistic · No mention of altering building materials to alternatives that are more in keeping with surrounding properties · Should the Officer be minded to approve this plan Woodcote PC request restricted building hours
Countryside Officer – No objections, subject to a wild bird informative. Further verbal advice provided 27/7 requesting additional bat and bird boxes in order to provide a biodiversity enhancement
OCC Highways – No objection · The parking provision is acceptable and accords with the adopted standards · Given the characteristics of the carriageway, vehicular traffic and speeds are considered to be relatively low
Energy Assessor – No objection · The proposal complies with Policy DES10, subject to a compliance condition
Neighbour No objection (1) – Key points · The scheme is well-designed to ensure privacy and it would be in-keeping with the rest of the properties in the road.
Neighbour objection (2) – Key points: · Notwithstanding the removal of some privacy issues, there would still be ground floor openings across the rear elevation, impacting on the privacy of the properties to the rear. · The rear elevation would be approximately 15 -16m from habitable neighbouring rooms. This fails the design guide 25m recommendations · Should the development be approved, working day conditions for construction activity are requested. · The proposal would still be an overdevelopment of the site · Questions raised over whether trees would be adequately protected.
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2.1 |
Additional technical comments provided on original application
Forestry Officer – No objection · None of the remaining trees have sufficient value to be considered a constraint. · A tree protection condition is required, along with a landscaping condition to secure planting to soften the proposed development and help to mitigate tree removal
Drainage Engineer – No objection · Foul and surface water drainage details should be agreed by way of a condition. |
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P22/S0521/HH - Approved (31/03/2022) Proposed ground floor front extension. Loft conversion with rear dormer, and a side extension to form a car port
P21/S2147/FUL - Withdrawn (21/09/2021) Proposed new dwelling (Amended plans received 29th July 2021, including: changes to position of the building, reconfiguration of internal layout, reduction in part of roof height and change to parking arrangement) |
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
Not applicable to this scale of development. |
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5.0 |
POLICY & GUIDANCE |
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5.1 |
South Oxfordshire Local Plan 2035 (SOLP) Policies: |
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DES1 - Delivering High Quality Development DES10 - Carbon Reduction DES2 - Enhancing Local Character DES5 - Outdoor Amenity Space DES6 - Residential Amenity DES8 - Promoting Sustainable Design ENV1 - Landscape and Countryside ENV2 - Biodiversity - Designated sites, Priority Habitats and Species ENV3 - Biodiversity EP4 - Flood Risk H1 - Delivering New Homes H4 - Housing in the Larger Villages INF4 - Water Resources TRANS5 - Consideration of Development Proposals
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5.2 |
Adopted Woodcote Neighbourhood Plan policies
D1 – Good design T8 – Residential car parking spaces H10 – Infill housing |
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5.3 |
Supplementary Planning Guidance/Documents |
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South Oxfordshire and Vale of White Horse Joint Design Guide 2022 (JDG22)
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5.4 |
National Planning Policy Framework and Planning Practice Guidance
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5.5 |
Other Relevant Legislation |
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Human Rights Act 1998 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report. |
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Equality Act 2010 In determining this planning application the Council has regard to its equalities obligations including its obligations under Section 149 of the Equality Act 2010. |
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6.0 |
PLANNING CONSIDERATIONS |
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6.1 |
The following considerations are particularly relevant to the proposal:-
· The principle of the development · The impact of the design, height, scale and materials upon the character of the site, the street scene and the wider landscape · The arboricultural impact · The ecological impact · Energy efficiency · The drainage arrangements · The impact upon neighbouring amenity, in terms of light, outlook and privacy · The impact upon the highway network, in terms of highway safety, access and parking provision.
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6.2 |
Principle of development SOLP Policy H4 and WNP Policy H10 remain supportive of infill and redevelopment schemes within this type of sustainable location within the built limits of a larger village. The principle is considered acceptable, subject to compliance with other development plan policies.
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6.3 |
Scale, design and landscape impact The design objectives of the Development Plan, as expressed by SOLP Policies DES1, DES2 and WNP Policy D1, require new development to be of a high-quality and inclusive design that responds positively to and respects the character of the site and its surroundings, particularly where there are historic significance or heritage values affected. Proposals should seek to enhance local distinctiveness and ensure that new development is of a scale, type and density appropriate to the site and its setting. The appropriateness of levels of plot coverage, layout, building placement, forms and external finish need to be considered in the specific context of each site. Policies ENV1 of the SOLP and Paragraph 176 of the NPPF attach great weight to the conservation and enhancement of the landscape and scenic beauty of AONBs.
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6.4 |
There have been amendments to the scheme which were submitted in response to officers’ concerns in relation to the massing of the building, its design and neighbouring amenity. Officers now consider that the proposal in its current form is acceptable from a design perspective.
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6.5 |
In terms of scale, the plot is large enough to accommodate a single dwelling and the garden size would exceed the minimum of 100 sqm recommended within the JDG22, with additional space to the front. Although the rear garden depth would be less than the recommended 10m in the JDG22, the overall area is relatively generous, and officers consider the scheme to be broadly in keeping with the surrounding housing grain. The separating distances between the building and the two neighbouring properties to either side, which would be a minimum of 10m at two-storey level, is considered acceptable in the context of the site. The low overall height would mitigate the relatively close proximity of the building to the side boundaries. |
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6.6 |
Having further regard to the now simple form of the proposed dwelling, officers consider that the proposal would not harm the character and appearance of the street scene. Subject to the brickwork and roof tiles being similar to the neighbouring properties, as indicated in the submitted design and access statement, the building is considered to be sufficiently in keeping with the vernacular style of the other properties within the locality. A schedule of materials should be agreed by way of an appropriate condition. |
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6.7 |
Officers consider it necessary in this instance to remove Permitted Development (PD) rights for extensions to the dwelling and the provision of outbuildings. It is considered important that the Council retains control over these forms of development here, in order to ensure that reasonable amenity standards are maintained within the site.
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6.8 |
With the above measures in place, officers are satisfied that the scheme complies with SOLP Policies DES1, DES2 and ENV1, and WNP Policy D1. The proposal would preserve the special landscape character of the wider Chilterns AONB.
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6.9 |
Arboricultural impact In addition to landscape impact, Policy ENV1 of SOLP aims to protect trees where they contribute to the nature and quality of the landscape.
The Council’s Forestry Officer has previously undertaken an assessment of the trees within the site during the consideration of the original application. None were considered worthy of being protected by a tree preservation order and should therefore not be considered a constraint to the proposed development. There are no issues with the current development proposal from an arboricultural perspective. It is agreed that tree protection measures will be required in order to ensure adequate protection of the retained trees throughout the construction phase. Additional planting is also recommended in order to soften the proposed development and help to mitigate tree removal that has taken place. The Forestry Officer is satisfied that these matters can be addressed by condition. |
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6.10 |
The ecological impact Policy ENV3 of SOLP 2035 aims to ensure that there is a net gain of biodiversity as a result of development proposals. As a minimum there should be no net loss of biodiversity.
Under the original application, the Council’s ecologist considered the developable area to be typical garden habitat, with amenity grassland, ornamental trees and shrubs. They recommended that biodiversity enhancement measures are provided.
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6.11 |
Following dialogue under the current proposal, the ecologist is satisfied that a net ecological gain can be delivered on site in conjunction with a landscaping scheme and the provision of bat and bird boxes integrated on the dwelling. They are content for these matters to be addressed by way of condition. It is recommended that a minimum of one integrated bat box is provided towards the top of the front gable, and a minimum of two integrated bird boxes are provided at the eastern elevation. Details should be approved prior to any development above slab level and the measures should be fully implemented prior to first occupation. With these measures in place, officers are satisfied that the scheme complies with SOLP Policy ENV3.
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6.12 |
Energy efficiency Policy DES10 of the SOLP requires energy statements for new dwellings to demonstrate how the design would address a reduction of 40% in carbon emissions compared to the building regulations 2013.
The applicant has demonstrated within their supporting energy statement that the proposal can achieve a 40% carbon reduction relative to a 2013 Building Regulations base case. The proposal complies with SOLP Policy DES10.
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6.13 |
Drainage Policy INF4 of the SOLP aims to ensure that development proposals demonstrate that there is or will be adequate water supply, surface water, foul drainage and sewerage treatment capacity to serve the whole development. Policy EP4 of the SOLP aims to minimise flood risk directing new development to areas of the lowest probability of flooding and also aims to achieve sustainable drainage systems.
The Council’s drainage engineer is satisfied that an appropriate drainage scheme can be provided on site, in accordance with SOLP Policy EP4. It is recommended that the foul and surface water arrangements are agreed by way of condition.
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6.14 |
Neighbouring amenity Policy DES6 of the SOLP aims to protect the amenity of neighbouring uses from loss of privacy or day/sunlight, visual intrusion, noise, contamination or external lighting.
It is noted that objections have been raised on the basis of neighbouring amenity. |
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6.15 |
Whilst the distance between the rear elevation and the north-west boundary would be approximately 7.5m, views of the building from the neighbouring properties to the north would be filtered by the existing vegetation at the boundary. The overall height of the building would be relatively low, and officers consider that it would not be overly dominant or oppressive.
Whilst the Parish Council raise issue with the separating distances between the application dwelling and the neighbouring dwellings at 14 -17 West Chiltern, there is not a direct ‘back-back’ relationship as the neighbouring properties are not parallel to the rear site boundary. The dwelling at no. 14 is at an oblique angle.
In any case, most of the separating distances between the sets of buildings are very close to the 21m back-to back recommendation under the JDG22. The front-to-front recommendation is 10m.
Although some parts of the neighbouring dwellings are closer than the recommended standard, officers consider this to be satisfactorily mitigated by the low height and removal of the originally proposed dormers from the rear elevation. The only upper-storey rear openings proposed would be high-level rooflights which would not result in any direct overlooking. The ground floor windows are not considered to present any material privacy issues.
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6.16 |
There is no evidence that the proposed dwelling would result in unacceptable losses of daylight or sunlight, having regard to the orientation of the property and the low height of the building. The dwelling would be visible from parts of the property at no.75 and 69, but it remains the case that an impact upon private views is not a material planning consideration. Officers consider that the reduction in height and bulk under this revised scheme has significantly reduced the effect upon the neighbours’ outlook to the extent that the relationship is now acceptable. The proposal is considered to accord with SOLP Policy DES6, subject to the recommended conditions restricting window openings and extensions.
For this scale of scheme, officers do not consider that the construction management conditions requested by respondents can reasonably be applied as they would be unlikely to pass the conditions test set out under the NPPF.
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6.17 |
Highway safety With respect to highway safety matters the advice from Central Government set out in the National Planning Policy Framework (NPPF) makes it clear that development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe.
The term severe is locally interpreted as situations, which have a high impact, likely to result in loss of life, or a higher possibility of occurrence with a lower impact.
Policy TRANS5 requires that all development provides safe and convenient access and parking.
The Local Highways Authority (LHA) raise no issue with the proposal in terms of safety issues, visibility standards at the proposed access point, or the level of parking provision within the site.
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6.18 |
The proposal accords with Policy T8 of the WNP, which requires one space per bedroom, though this is caveated to allow for site specific circumstances and Oxfordshire County Council (OCC) standards. The proposal exceeds the 2 spaces required under OCC’s maximum standards. There is no conflict with Policy TRANS5.
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6.19 |
Community Infrastructure Levy (CIL) The proposal is CIL liable at a rate of £150 per sq.m (index-linked). |
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7.0 |
CONCLUSION |
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7.1 |
The proposal broadly complies with the relevant Development Plan policies and national planning guidance. Subject to the recommended conditions, officers are satisfied that the scale, layout and design of the dwelling would not impact adversely upon the character of the site, the street scene or the special landscape character of the wider AONB. The proposal is also considered acceptable, subject to the attached conditions, in terms of the impact upon the neighbouring properties and highway safety. |
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8.0 |
RECOMMENDATION |
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Grant Planning Permission, subject to the following conditions:
Summary:
1. Commencement within 3 years.
2. That the development hereby approved shall be carried out in accordance with the details shown on the approved plans
3. No development above slab level shall take place until a photographic schedule of all materials has been submitted to and approved in writing by the Local Planning Authority.
4. Prior to the first occupation, the parking and turning areas shall be provided in accordance with the approved plan and retained unobstructed except for the parking of vehicles
5. Prior to the commencement of any development above slab level, a scheme for the landscaping of the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the first occupation and thereafter be maintained in accordance with the approved scheme
6. Prior to the commencement of any site works a protected area shall be designated for all existing trees which are shown to be retained, and the trees shall be protected in accordance with a scheme which complies with the current edition of BS 5837: The agreed measures shall be kept in place during the entire course of development.
7. Prior to the commencement of development, a full surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details prior to the first occupation of the development hereby approved.
8. Prior to the commencement of development, a full foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details prior to the first occupation of the development hereby approved.
9. Prior to any development above slab level, details of biodiversity enhancement measures shall be submitted to, and approved in writing by, the Local Planning Authority. For the avoidance of doubt, these shall consist of a minimum of one integrated bat box to the front elevation and two integrated bird boxes at the eastern side elevation. The measures shall be implemented prior to first occupation of the dwelling and retained as such thereafter.
10. Prior to first occupation, all carbon reduction energy efficiency measures shall be implemented in accordance with the Energy Statement hereby approved and a Verification Report shall be submitted to the Local Planning Authority and approved in writing
11. The cill level of the rooflights in the rear elevation shall be at least 1.7 metres above the floor level of the associated rooms and shall be retained as such. No additional openings shall be inserted into the rear facing roof slope of the development hereby approved without planning permission from the Local Planning Authority.
12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), no extensions or roof extensions falling within Schedule 2, Part 1, Class A and B of the Order shall be erected without obtaining planning permission from the Local Planning Authority.
13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order) the provision within the curtilage of the dwelling of any building, enclosure or swimming pool as described in Schedule 2, Part 1, Class E of the Order shall not be undertaken without obtaining planning permission from the Local Planning Authority.
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Author: Simon Kitson E-mail : planning@southoxon.gov.uk Contact No: 01235 422600
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