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APPLICATION NO. |
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SITE |
The Old Vicarage Church Lane Shiplake, RG9 4BS |
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PROPOSAL |
Proposed demolition of The Old Vicarage, Robin Hill Cottage and part of an existing storage building. Erection of a detached main dwellinghouse of identical size, siting, form, layout and materials to the extensions and alteration scheme for The Old Vicarage approved by application P23/S1665/HH. Erection of two new outbuildings and a new parking courtyard and the re-opening of the historic entrance to the site from Church Lane (all as also previously approved by application P23/S1665/HH). |
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APPLICANT |
Mr and Mrs Waller |
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APPLICATION TYPE |
FULL APPLICATION |
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PARISH |
SHIPLAKE |
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WARD MEMBERS |
Leigh Rawlins & Mike Giles |
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OFFICER |
Marc Pullen |
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1.0 |
INTRODUCTION |
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1.1 |
This application is referred to Planning Committee as the recommendation made by your officers to grant planning permission conflicts with the view of Shiplake Parish Council.
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1.2 |
The application site (which is shown on the OS extract attached as Appendix A) lies within Shiplake parish and is accessed off Church Lane. The site does not belong to any specially designated areas.
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1.3 |
The site has been subject to a previous planning application to extend and alter the property and prior approval to demolish the existing dwelling.
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1.4 |
This report sets out the justification for officers’ recommendation to grant planning permission having regard to the development plan and any other material planning considerations. |
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2.0 |
PROPOSAL |
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2.1 |
This application seeks planning permission to demolish the existing properties on site and to replace with a new detached dwellinghouse with outbuildings and alterations to the entrance into the site.
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2.2 |
Reduced copies of the plans accompanying the application are attached as Appendix B. Other documentation associated with the application can be viewed on the council’s website, www.southoxon.gov.uk. |
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3.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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3.1 |
Publicity |
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Site notice displayed.
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3.2 |
Statutory Consultee responses |
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Representation |
Comments |
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Shiplake Parish Council |
· Object · Shiplake Parish Council oppose the demolition and rebuild of this heritage asset on the basis of causing Heritage harm examples being the close association with Alfred Lord Tennyson who spent his wedding night there and was a frequent visitor and the numerous references to the property in Emily S Climmenson's History of Shiplake written in 1897
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Council – internal comments |
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Representation |
Comments |
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Heritage Officer (South and Vale)
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· Object · The proposal would result in the loss of a non-designated heritage asset · Consider the proposals harmful to the significance of the non-designated heritage asset the Old Vicarage, and the setting of the relevant designated heritage assets. · If supported, conditions requested.
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Ecology Team (South and Vale)
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· No objections · Based on the Preliminary Roost Assessment report – certain buildings should be subject to additional surveys · An appropriate licence from Natural England will be required for the development to legally proceed. · To compensate for the loss of the soprano pipistrelle roost, a minimum of 2 integrated bat boxes should be installed with the new structure under guidance from the project ecologist. Implementation of bat boxes can be secured via planning condition. · As per the Preliminary Ecological Appraisal report (Arbtech, October 2023) a Construction Environmental Management Plan (CEMP) will be required – this can be secured via planning condition. · As per the Biodiversity Net Gain Assessment report (Arbtech, October 2023) a Biodiversity Net Gain (BNG) Management Plan must be produced for the site – this can be secured via planning condition.
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To ensure ENV3 is satisfied with
regard to biodiversity, the development must adhere to the Proposed
Softscape Plan (drawing no. 21-62-14) and associated planting
scheme, and this should be secured as a planning condition. |
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Drainage (South and Vale) |
· No objections · Subject to conditions requiring surface water and foul water drainage schemes to be agreed by the Local Planning Authority prior to the commencement of the development. |
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Public responses |
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Representation |
Comments |
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Neighbours (3) |
· Significant impact on the already severely degraded state of Church Lane likely to be caused by these proposed rebuilding works · To avoid further damage to the lane, it would seem much more sensible to insist all construction traffic uses the existing access near the main road · One letter of support |
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4.0 |
RELEVANT PLANNING HISTORY |
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Application Number |
Description of development
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P24/S0141/D (08/02/2024)
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Demolition of The Old Vicarage, Robin Hill Cottage and ancillary buildings at The Old Vicarage Estate.
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Approved (17/07/2023) |
Proposed extensions and alterations to The Old Vicarage including the raising of the height of the core part of the building and demolition and replacement of later additions to the western side of the house. Provision of two new outbuildings and a new parking courtyard to the west/north-west of main house (involving the demolition of Robin Hill Cottage and part of an existing storage building) and the re-opening of the historic entrance to the site from Church Lane. |
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5.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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5.1 |
N/A. |
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6.0 |
POLICY & GUIDANCE |
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6.1 |
National Planning Policy Framework and Planning Practice Guidance |
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6.2 |
Development Plan Policies |
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South Oxfordshire Local Plan 2035 (SOLP) Policies: DES1 - Delivering High Quality Development DES5 - Outdoor Amenity Space DES6 - Residential Amenity DES8 - Promoting Sustainable Design DES10 - Carbon Reduction ENV1 - Landscape and Countryside ENV2 - Biodiversity - Designated sites, Priority Habitats and Species ENV3 - Biodiversity ENV6 - Historic Environment ENV7 - Listed Buildings EP3 - Waste collection and Recycling EP4 - Flood Risk H1 - Delivering New Homes H16 - Backland and Infill Development and Redevelopment INF4 - Water Resources STRAT1 - The Overall Strategy TRANS5 - Consideration of Development Proposals
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6.3 |
Shiplake Neighbourhood Plan 2022 |
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SV1 - Infill Development SV6 - Replacement Dwellings SV7 - Settlement Character SV9 - Valued Landscapes SV11 - Important Views SV13 - Biodiversity and Wildlife SV14 - Landscaping and Greening of the Environment SV15 - Preservation and Replacement of Trees SV19 - New Development and Highway Safety SV20 - Protection of Existing Rights of Way and Cycle Network SV23 - Special Character Areas SV24 - Building Materials/ Design/ Density/ Layout |
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7.0 |
PLANNING CONSIDERATIONS |
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7.1 |
The relevant planning considerations are the following: · Principle of development · Design and character · Heritage considerations · Residential amenity · Access and parking · Ecological considerations · Energy efficiency · Other matters
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7.2 |
Principle of development Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires applications for planning permission be determined in accordance with the Development Plan unless material considerations indicate otherwise. Section 70 (2) of the Town and Country Planning Act 1990 provides that the local planning authority shall have regard to the provisions of the Development Plan, so far as material to the application, and to any other material considerations.
The proposed development is considered acceptable in principle as the principle of replacing the dwelling on a one for one basis would be policy compliant.
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7.3 |
Design and character The Council’s policies and guidance on design states that all new development must be designed to reflect the positive features that make up the character of the local area and should both physically and visually enhance and complement the surroundings.
The proposed development would replicate the design and form of a recently approved development granted planning permission under application reference P23/S1665/HH. Officers consider that the character and appearance of the replacement dwelling would be acceptable as it would not be different from that previously approved.
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7.4 |
Heritage considerations The council’s Heritage team raise an objection to the loss of the non-designated heritage asset on site. However, demolition consent has recently been granted under Part 11 of Schedule 2 of The Town and Country Planning (General Permitted Development) Order 2015 (as amended). It is officer’s opinion that significant weight should be given to the approved prior approval application to demolish the building, which was granted in respect of application reference P24/S0141/D. In light of the prior approval granted to demolish the building(s) officers cannot find any justified heritage grounds to object to this proposed development.
Conditions requiring the building to be properly recorded prior to demolition are recommended as well as a condition which seeks to approve the joinery details of all new external windows and doors.
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7.5 |
Residential amenity Policy DES6 (SOLP) seeks to ensure that development proposals do not result in significant adverse impacts on the amenity of neighbouring uses. Factors to consider include loss of privacy, daylight or sunlight, dominance or visual intrusion, noise or vibration, smell, dust, heat, odour, gases or other emissions, pollution, contamination and external lighting.
Officers are satisfied that the proposed development would not result in any significant adverse harm on the amenity of neighbours and would be compliant with Policy DES6.
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7.6 |
Access and parking Policy TRANS5 (SOLP) advises that all types of development will, where appropriate provide for a safe and convenient access for all users to the highway network, provide safe and convenient routes for cyclists and pedestrians and provide parking of vehicles in accordance with Oxfordshire County Council parking standards and provide for loading, unloading, circulation and turning spaces on site.
The proposed development is not considered to cause any problems of parking or result in any issues of highway safety. Officers are satisfied that the proposed development would meet the requirements of Policy TRANS5 and guidance set out within the NPPF.
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7.7 |
Ecological considerations Policy ENV2 (SOLP) seeks to protect important ecological receptors (designated sites, protected species, priority habitats etc.). Where adverse impacts on important ecological receptors are likely, development must meet the criteria outlined under the policy to be acceptable. Policy ENV3 (SOLP) seeks to secure net gains for biodiversity and requires that applications are supported by a biodiversity metric assessment. Net loss of biodiversity will not be supported.
Officers consider the ecological enhancements suggested to be acceptable and would secure these enhancement measures via condition. Biodiversity net gain can be achieved on site and can also be secured via condition. Officers do not support the need for further surveys – as the demolition proposal has demonstrated a significant fallback position that would not demand the same requirements. Officers are satisfied that the relevant licence can be obtained from Natural England and that appropriate measures and conditions within that licence would protect against the loss of any protected species of bats. Officers are satisfied that the proposed development would meet the requirements of Policy ENV2 and ENV3.
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7.8 |
Community Infrastructure Levy (CIL) The proposed development would be liable to pay toward CIL – but would be charged on net internal floorspace provided when compared with the existing footprint of the dwelling.
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7.9 |
Pre-commencement conditions In accordance with The Town and Country Planning (Pre-commencement Conditions) Regulations 2018, Section 100ZA (6) of the Town and Country Planning Act 1990 the Council is required to confirm agreement to all pre-commencement conditions. These will all have been agreed by the applicant or the agent in writing in accordance with the requirements of this legislation. |
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9.0 |
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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· Crime and Disorder Act 1998 - In considering this application, due regard has been given to the likely effect of the proposal on the need to reduce crime and disorder in accordance with Section 17 of the Crime and Disorder Act 1998. In reaching a recommendation, officers consider that the proposal will/will not undermine crime prevention or the promotion of community safety. |
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10.0 |
PLANNING BALANCE AND CONCLUSION |
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10.1 |
Officers are satisfied that the proposed development would be acceptable in principle and despite resulting in the loss of a non-designated heritage asset, the proposed development would not harm the character and appearance of the area, the amenity of neighbours, the safety of the highway network or the protection and enhancement of biodiversity. When considering all the material planning considerations and in light of the recommended planning conditions, officers are satisfied that the proposed development would comply with the Development Plan.
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11.0 |
RECOMMENDATION |
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Grant Planning Permission subject to the following conditions |
Recommended Conditions (full text):
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Description |
Details |
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Commencement 3 yrs - Full Planning Permission |
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004. |
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Approved plans |
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, AIA 02, 21-62-20, 21-62-03, MB-SURV-TOV-OCE1-001 (1), MB-SURV-TOV-OCE1-001 (2), MB-SURV-TOV-OCE1-001 (3), MB-SURV-TOV-OCE1-001 (4), MB-SURV-TOV-RHFE-001, MB-SURV-TOV-MHFE-001, MB-SURV-TOV-RHLSE-001, MB-SURV-TOV-MHLSE-001, MB-SURV-TOV-RHRE-001, MB-SURV-TOV-MHRE-001, MB-SURV-TOV-RHRSE-001, MB-SURV-TOV-MHRSE-001, 21-62-12, 21-62-11, 21-62-10, 21-62-07, MB-SURV-TOV-MHBF-001, MB-SURV-TOV-OCFF-001, MB-SURV-TOV-MHFF-001, 21-62-06, MB-SURV-TOV-RHGF-001, MB-SURV-TOV-MHGF-001, 21-62-05, 21-62-04, MB-SURV-TOV-OCGF-001, 21-62-01, 21-62-15, 2-62-13, 21-62-02, MB-SURV-TOV-TS-002-200, 21-62-14, 21-62-21 and TPP 02, except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies. |
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Joinery Details (details required) |
All windows and external doors shall be provided in accordance with a detailed specification of their type, design and external finish that has been first submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development and contribution to the setting of historic assets in accordance with Policies DES1, DES2 and ENV7 of the South Oxfordshire Local Plan 2035. |
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Schedule of Materials (details required) |
No development above slab level shall take place until a photographic schedule of all materials to be used in the external construction and finishes of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development and contribution to the setting of historic assets in accordance with Policies DES1, DES2 and ENV7 of the South Oxfordshire Local Plan 2035. |
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Building Record (details required) |
Prior to the demolition of the existing dwelling a Level 2 Record as per the principles set out in the Historic England document Understanding Historic Buildings; A Guide to Good Recording Practice (2016) shall be completed and submitted to the Local Planning Authority and agreed in writing.
Reason: As the building is of historic importance in accordance with Policy ENV6 of the South Oxfordshire Local Plan and paragraph 209 of the National Planning Policy Framework. |
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Surface water drainage works (details required) |
Prior to the commencement of development, with the exception of any demolition, a full surface water drainage scheme, shall be submitted to, and approved in writing by, the Local Planning Authority. The design of the surface water drainage system will be in accordance with the non-statutory technical standards for sustainable drainage systems, including details of soakage testing, levels, size, position and construction of drainage works. The drainage scheme shall be sized to accommodate a minimum of the worst case 1 in 30 year storm, with evidence to demonstrate that the site can accommodate the worst case 1:100 year storm + 40% Climate Change storm, without any flows exiting up to this storm event and any storage on site not causing a nuisance or flooding to property. A discharge to Thames Water foul sewer will not be acceptable under any circumstance. The approved scheme shall be implemented in accordance with the approved details prior to the occupation of the development hereby approved. Notes
The hydraulic model must be run in the latest FEH format. Currently, this is FEH 22. Cv values must be set at 0.95. A 10% increase for urban creep must be provided. An exceedance plan must be provided. Each building must contain a bio retention feature. This could be in the form of a rain water planter. Full construction details of all surface water drainage components including hard standing areas. A coloured key highlighting responsibilities for the entire system. Drainage layout from RWP must be provided. Consideration of solution features.
Reason: To prevent pollution and flooding in accordance with Policies ENV12 and EP4 of the South Oxfordshire Local Plan 2035. |
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Foul drainage works (details required) |
Prior to the commencement of development, with the exception of any demolition, a full foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall include details of method, levels, size, position and construction of the drainage scheme. If the foul water drainage is to connect to the Water Authority main sewer, then it must be designed in accordance with the latest Water Authority design and construction guidance. If the foul water drainage is to remain private, then it must be designed to accord with Part H of the Building Regulations requirements.
Reason: To ensure the proper provision of foul water drainage and to ensure flooding and pollution is not exacerbated in the locality in accordance with policy EP4 of the South Oxfordshire Local Plan 2035. |
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Landscaping implementation |
The landscaping scheme as shown on the approved plan 21-62-14 shall be implemented prior to the first occupation or use of the approved development and thereafter be maintained in accordance with the approved scheme. In the event of any of the soft landscaping so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, replacement planting, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings and to ensure biodiversity enhancements in accordance with Policies ENV1, ENV3, DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
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Ecology - Construction Environmental Management Plan |
Prior to the commencement of the development (including vegetation clearance or any preparatory groundworks) a construction environmental management plan for Biodiversity (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority, as per the Preliminary Ecological Appraisal report (Arbtech, October 2023). The CEMP (Biodiversity) shall include the following:
- Update ecological surveys for relevant habitats and species, update surveys shall follow national good practice guidelines. - Risk assessment of potentially damaging construction activities. - Identification of "biodiversity protection zones". - Practical measures (both physical measures and sensitive working practices) to avoid, reduce or mitigate the impacts on important habitats and protected species during construction. - The location and timing of sensitive works to avoid harm to biodiversity features. - The times during construction when specialist ecologists need to be present on site to oversee works. - Responsible persons and lines of communication. - Use of protective fences, exclusion barriers and warning signs.
The approved CEMP (Biodiversity) shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.
Reason: To protect the important species on the site, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035. |
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Integrated Biodiversity Enhancements |
Prior to the commencement of the development above new slab level, details (including specification, position, height, orientation) of a scheme of biodiversity enhancements, as per the Bat Emergence and Re-entry Surveys report (Arbtech, October 2023), to be provided, shall be submitted to and approved in writing by the local planning authority. The scheme shall be designed in conjunction with a suitably qualified ecologist and bird/bat boxes shall be integrated into the fabric of the development. A minimum of two bat boxes shall be provided onsite. Thereafter, the development shall be implemented in accordance with the approved details and all features provided prior to first use.
Reason: To secure biodiversity enhancements onsite, in accordance with Policy ENV3 of the South Oxfordshire Local Plan 2035. |