Agenda item

DCNW2008/0293/F - RHIWLAS FARM, TITLEY COURT ESTATE, TITLEY, KINGTON, HEREFORDSHIRE, HR5 3RL [Agenda Item 9]

Conversion of and alterations to period stables to create three residential dwellings.

Minutes:

Conversion of and alterations to period stables to create three residential dwellings. 

 

The Principal Planning Officer reported the following updates to the report:

 

  • A further letter had been received from Mrs Whitlock of Half Barrel Cottage which reads as follows:

 

"I'm sure that you will take note of all of the concerns that I voiced in my letter of objection (28th Feb 08), but just to reiterate that I am greatly disturbed that the plan is to have windows overlooking my property at all, even if fixed and obscured, and that there may be soil vents/extractors etc visible and audible from my house and garden which are not currently detailed on the Planning Application.  Likewise no detail for the positioning of rainwater soakaways. Also of particular concern is the access from a safety point of view and the considerable and misleading inaccuracies of the Access Statement."

 

In addition I would like to make the following points:

 

You said when we spoke last week that you would add a note in the restrictions about extractors/ vents etc not to be visible from my side. I don't see that on the web site meeting notes.   Also where does it talk about them only being allowed 1sq m of glazing per unit and the need for windows to be 4m apart?  The attached site map shows my house without my sons' bedroom or the sunroom, both of which will be grossly effected by these windows This impact is not truly represented to your Councillors. It is also incorrectly named Old School House.

 

Officers' Appraisal 6.7  '....part B of the Building Regs restrict the amount of glazing that can be used on a wall that forms a boundary and as such it is unlikely that the amount of glazing will need to be reduced to comply.'  should this read that it is "likely that the amount of glazing will need to be reduced"

 

The Principal Planning Officer had provided the following response to the above comments:

 

  • As above. Para 6.7 of the report should read, likely, rather than unlikely.

 

  • It is also suggested that an additional condition be added as follows:

 

Prior to the commencement of development, details including the siting, size and external finish of any flues or extractors shall be submitted to and approved in writing by the local planning authority. No further flues or extractors shall be added without the prior written approval of the Local Planning Authority.

 

Reason: To protect the amenities of neighbouring residents and to ensure a satisfactory external appearance in accordance with policies DR1 and HBA13 pf the Herefordshire Unitary Development Plan (2007).

 

Additional Highway Informative notes are also recommended – HN04, HN05, HN10, HN22, HN28

 

Members expressed concern about the proposed opaque glazing to the elevation of the property which bordered the neighbouring property because of the detrimental impact it would have on the privacy and amenity afforded to the neighbour, and some members suggested that this elevation should retain a form of boarding instead, as per the present circumstance.  For the same reason, Members also suggested that all guttering, flues and extractors should be restricted to the courtyard elevations of the property, and should not be sited on the elevations bordering the neighbouring property.  The Principal Planning Officer confirmed that all of these aspects could be included in the conditions for any planning permission granted. 

 

Councillor LO Barnett requested that the details of the additional conditions proposed be discussed with the Chairman and Vice-Chairman of the Sub-Committee, and with the Local Ward Member. 

 

RESOLVED:   That planning permission be granted, subject to details of the proposals for fenestration and boarding, drainage, and the siting of flues and extractors being finalised in consultation with the Chairman, the Vice-Chairman, and the Local Ward Member, and subject to the following conditions:

 

1.     A01 (Time limit for commencement (full permission))

 

        Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.     B01 (Development in accordance with the approved plans)

 

        Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

3.     C01 (Samples of external materials)

 

        Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

 

4.     D04 (Details of window sections, eaves, verges and barge boards)

 

        Reason: To ensure that the work is carried out in accordance with details that are appropriate to the safeguarding of the architectural or historic interest of the building (as one which is in a conservation area, or of local interest) and to comply with the requirements of Policy HBA12 and HBA13 of Herefordshire Unitary Development Plan.

 

5.     D05 (Details of external joinery finishes)

 

        Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the architectural or historic interest of the building (as one which is in a conservation area, or of local interest) and to comply with the requirements of Policy HBA12 and HBA13 of Herefordshire Unitary Development Plan.

 

6.     D11 (Repairs to match existing)

 

        Reason: To ensure that all of the works arising from the approved scheme are of an appropriate form in the interest of the building (as one which is in a conservation are, or of local interest) and to comply with the requirements of Policy HBA12 and HBA13 of Herefordshire Unitary Development Plan.

 

7.     D12 (Repairs in situ)

 

         Reason: To ensure that the integrity of the building as one which is listed, in a conservation area, or of local interest is preserved to ensure compliance with Policy [HBA1][HBA3][HBA12][HBA13] of Herefordshire Unitary Development Plan.

 

8.     G10 (Landscaping scheme)

 

        Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

9.     G11 (Landscaping scheme - implementation)

 

        Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

10.    H13 (Access, turning area and parking)

 

        Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan

 

11.   F14 (Removal of permitted development rights)

 

         Reason:  For barn conversions - To ensure the character of the original conversion scheme is maintained and to comply with Policy HBA12 of Herefordshire Unitary Development Plan.

 

12.    I16 (Restriction of hours during construction)

 

         Reason: To protect the amenity of local residents and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

13.   L01 (Foul/surface water drainage)

 

         Reason: To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

14.   L02 (No surface water to connect to public system)

 

         Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

15.   L03 (No drainage run-off to public system)

 

         Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

16.    Prior to the commencement of development details of the openings to the South West Elevation shall be submitted to and approved in writing by the local planning authority.  These details shall include obscure glazing and non-openable windows, works shall be carried out in accordance with the approved plans and shall be retained in accordance with the agreed scheme and shall be retained in perpetuity.

 

         Reason:  In order to protect the residential amenity of adjacent properties and to comply with policy DR1 of the Herefordshire Unitary Development Plan (2007).

 

17.    The proposals set out in part 6. Mitigation Strategy section of the ecologist's report should be followed in relation to bats. The need for an EPS license should be assessed prior to development works.

 

         Details of construction, siting and erection of nest boxes for nesting birds and barn owls should be discussed with the consultant ecologist and planned as per the recommendations to provide nearby alternative nest sites. A work programme should be devised for the site to ensure that the birds are not disturbed during nesting from March to September.

 

         Timing of the development and the post-development site safeguards should be adhered to. A monitoring programme for bats and birds should be submitted to Herefordshire Council for implementation after completion of the development works.

 

         An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

         Reasons: To ensure all species of bat and their roosts are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 and policies NC1, NC5, NC6 and NC7 within the UDP.

 

                        To comply with Herefordshire Council's Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation. 

 

                        To ensure the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 and policies NC1, NC5, NC6 and NC7 within the UDP.

 

                        To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with UDP Policies NC6, NC7, NC8 & NC9, and PPS9.

 

18.    Prior to the commencement of development, details including the siting, size and external finish of any flues or extractors shall be submitted to and approved in writing by the local planning authority.  No further flues or extractors shall be added without the prior written approval of the Local Planning Authority.

 

Reason: To protect the amenities of neighbouring residents and to ensure a satisfactory external appearance in accordance with policies DR1 and HBA13 pf the Herefordshire Unitary Development Plan (2007).

 

INFORMATIVES:

 

1.      N15 - Reason(s) for the Grant of Planning Permission

 

2.            N19 - Avoidance of doubt - Approved Plans

 

3.            Highway Informative notes HN04, HN05, HN10, HN22, HN28

Supporting documents: