Proposed new 2 bedroom dwelling. 

The application was refused in accordance with the Case Officer’s recommendation.

(Proposed new 2 bedroom dwelling.)

(Councillor Guthrie fulfilled the role of local ward member and accordingly had no vote on this application.)

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mr A Whibley, the applicant’s agent, spoke in support of the application.

In accordance with the Council’s Constitution, the local ward member, Councillor KS Guthrie, spoke on the application.

She made the following principal comments:

·        In relation to the proximity of Green Bank to the grade 2 listed building known as “The Creswells” she noted that it was proposed that the ground level upon which the proposed dwelling was to be built would be lowered so that it would accord with the neighbouring properties.

·        The site was bounded by mature hedges.

·        The Transportation Manager had no objection to the proposed access.

·        The applicants were seeking to downsize but remain in the village.

·        The site was accepted within the Neighbourhood Development Plan as being appropriate for a dwelling.  The Parish Council supported the proposal and there were also many letters in support of it from local residents.

·        The only strategic objection was from the Conservation Manager (Historic Buildings) (CMHB) raising concerns over the location within the conservation area and the size and design of the proposed dwelling adjacent to The Creswells.  The applicants had sought pre-application advice, had modified the design and made every effort to meet the CMHB’s requirements and harmonise with and enhance the conservation area.  However, as set out at paragraph 4.5 of the report the CMHB remained opposed to the proposal although the level of harm to the heritage assets and conservation area was considered to be less than substantial.

·        She considered that the application should be supported.

In the Committee’s discussion of the application the following principal points were made:

·        The Parish Council supported the proposal.

·        The sole objection was from the CMHB who did say that some development on the site should be feasible, however, an innovative solution would be required to achieve this without having a negative impact.

·        One view was that the proposal would not be detrimental to the conservation area. There was a distinct boundary between the plot and The Creswells.  The Creswells did not overlook the plot.  The proposal had some architectural merit that would enhance the area. A contrary view was that the proposal would not conserve and enhance the conservation area and historic assets and was therefore contrary to policy as the CMHB had stated.

·        The development could not be described as a modest development in relation to the size of the site.

·        It should be possible for the applicants to find a suitable property within the village and there appeared to be little justification for the proposal.

·        The setting of the existing property would be adversely affected by building the proposed dwelling in its garden which was a good example of a country garden.

·        The development would require the removal of a length of stone wall that itself had merit.

·        There was concern that the surrounding hedgerow would also be adversely affected as a consequence of the lowering of the site level to accommodate the dwelling.

The Lead Development Manager highlighted the CMHB’s advice that the benefit of the scheme would not outweigh the harm to the setting of the conservation area and the listed building.

The local ward member was given the opportunity to close the debate.  She noted that it was a question of the assessment of the impact upon the conservation area

A motion that the application be approved was lost.

Councillor Seldon proposed and Councillor Powers seconded a motion that the application be refused in accordance with the printed recommendation.  The motion was carried with 9 votes in favour, 3 against and no abstentions.

RESOLVED: That planning permission be refused for the following reasons:

1.         By virtue of the scale, form and architectural character of the proposed dwelling it would result in harm to the character and appearance of the Sutton St Nicholas Conservation Area, the setting of the adjacent listed building and would not positively contribute to the character of the area and respect its context.  This is contrary to policies LD4, RA2(3), LD1 and SD1 of the Herefordshire Local Plan – Core Strategy, policies 3(4) and 6 of the Sutton St Nicholas Neighbourhood Development Plan and the requirements of the National Planning Policy Framework.

            The above harm, when taking into account the statutory duty under sections 66 and 72 of the Planning (Listed Buildings & Conservation Areas) Act 1990 in respect of designated heritage assets, and the policies of the National Planning Policy Framework provides clear reason for refusing planning permission (paragraph 11d) i) and notwithstanding that the identified adverse impacts significantly and demonstrably outweigh the benefits (paragraph 11d) ii).

Informative

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations by identifying matters of concern with the proposal and discussing those with the applicant.  Unfortunately, it has not been possible to resolve those matters and negotiate a scheme that is considered to be policy compliant.  The Local Planning Authority is willing to provide further pre-application advice in respect of any future application for a revised development.

(The meeting adjourned between 11.20 and 11.23.)