## Delegated Item Report

Planning Case Officer:  SC
P File No:  6511
Authorised by:  TS
NP Number:  NP/DDD/1017/1013
Date of Report:  22/11/2017 National Guidance:

NPPF & NPPG
Core Strategy:

GSP1 ,2, 3, DS1, L3
Local Plan Codes:

LC4, LC5, LC8 , LC17, LH4, LH6, LT11


Design
Supplementary Guidance: List of Background Papers (not previously published)
Nil

## Human Rights

Any human rights issues have been considered and addressed in the preparation of this report.

## Report: Site And Surroundings

Smithy Cottage is a traditional two storey semi-detached dwelling situated approximately 15m back from the south side of West End and constructed of natural gritstone under a blue tiled roof. Immediately set against the road is a traditional outbuilding (subject of this application) and separated from the main dwelling by a small garden area. A lean-to building is attached to the gable elevation of the outbuilding; however, this is not in the ownership of the applicant. A public right of way runs adjacent to the eastern boundary of the property.  

## Proposal

Permission is being sought to convert the outbuilding to additional living accommodation and work from home office space.  

## Key Issues

The principle of conversion, scale design and appearance, impact on the main dwelling and its setting within the Conservation Area, neighbour amenity and highway safety.

## History

No history on file.

## Statutory Consultation:

Highways - No objection subject to all use remaining private and ancillary and no loss of parking Parish -  Concerns expressed that the development may put further pressure on the limited parking available in this area. It was noted that it is proposed to restore the shutters and it was felt that if these are not secured at all times there may be health and safety issues for people passing by as the property which is on the roadside.

## Main Development Plan Policies Core Strategy

Core Strategy GSP1, GSP2 and GSP3, requires that particular attention is paid to the impact on the character and setting of buildings and that the design is in accord with the Authority's Design Guide and development is appropriate to the character and appearance of the National Park. DS1 does support in principle to the conversion or change of use of buildings, in the open countryside, preferably by re-use of traditional buildings. L3 explains that, development must conserve and where appropriate enhance or reveal the significance  of  historic  assets  and  their  setting.  Other  than  in  exceptional  circumstances, development will not be permitted where it is likely to cause harm to the significance of any cultural heritage asset or its setting.

## Local Plan

LC4, states that development will not normally be permitted where it would not respect, would adversely affect, or would lead to undesirable changes in the landscape or any other valued characteristic of the area. Further stating, that an appropriate scale, siting, landscaping, use of materials and a high standard of design will all be required if consent is to be granted. LC5 states, that applications for development in a Conservation Area, or for development that affects  it's  setting  or  important  views  into  or  out  of  the  area,  should  assess  and  clearly demonstrate how the  existing  character  and  appearance  of  the Conservation  Area  will  be preserved and, where possible, enhanced. LC8 states, that conversion of a building of historic or vernacular merit to a use other than that for which it was designed will be permitted provided that: it can accommodate the new use without changes that would adversely affect its character. (Such changes include significant enlargement or other alteration to form and mass, inappropriate new window spacing's or doorways, and major rebuilding). LH4 states that, extensions and alterations to dwellings will be permitted provided that the proposal does not detract from the character, appearance or amenity of the original building, its setting or neighbouring buildings. Dominate the original dwelling where it is of architectural, historic or vernacular merit amount to the creation of a separate dwelling or an annexe that could be used as a separate dwelling. LH6 states, the conversion of an outbuilding within the curtilage of an existing dwelling to ancillary residential use, will be permitted provided that it would not harm the character of the building, the dwelling and the surrounding area, the site is large enough to meet the parking and access requirements of the proposed development and the new accommodation provided would remain under the control of the occupier of the main dwelling. LT11  states,  that  the  design  and  number  of  parking  spaces  associated  with  residential development,  including  any  communal  residential  parking,  must  respect  the  valued characteristics of the area. Supplementary Planning Guidance is considered within the Authority's Design & Climate Change & Sustainable Building SPD's. The N.P.P.F at Paragraphs 56/57 promotes good design; paragraphs 109 -116 promote the protection of sensitive landscapes (National Parks) and Paragraphs 131 - 137 seeks to afford protection of Heritage Assets. It is considered that in this case, there is no significant conflict between prevailing policies in the Development Plan and more recent Government guidance in the NPPF with regard to the issues that are raised.

## General Overview

The traditional building was formerly a Smithy, but has for many years and still is being used as an ancillary domestic outbuilding, primarily for storage of household materials and garaging.

## Principle

Having  regard  to  the  modest  domestic  curtilage  of  the  property,  it  is  not  considered  the conversion of the outbuilding would result in an over intensive use of the site or that the level of accommodation  provided  would  be  substandard.  In  this  case,  the  outbuilding  has  a  close relationship with the main house and so ancillary family residential use including home working would be considered appropriate. The proposed living accommodation within the outbuilding is considered fairly modest in scale, but clearly subordinate in size to the main dwelling, albeit possibly large enough to form a single unit of accommodation. Again, although separated from the main house it has a reasonably close relationship, sharing the garden area, parking/manoeuvring space and access. Consequently, it is considered that the proposed use of the outbuilding to ancillary use would not cause harm to character or amenity. The proposal is therefore considered acceptable in principle in accord with policy LH6. 

## Policy Implications

Policy also considers the inference that the proposed conversion could amount to the creation of an annexe that could be used as a separate dwelling since it would have all the facilities of independent living. The general approach would be to consider that in order for accommodation to be ancillary, there must be one element of essential accommodation lacking. However,  current  practice  tends  to  put  the  emphasis  on  the  relationship  the  ancillary accommodation has with the main house and how easy/difficult this would be to sever. In this case, the accommodation would share the garden area, parking/manoeuvring space and access with the main house. Consequently the proposal does not seek permission for the living accommodation to be used as a separate dwelling. Therefore, to retain effective control over the use of the accommodation and to avoid a separate dwelling being created in the future, as well as having regard to the close proximity of the outbuilding to the main house, it is considered a condition tying the ancillary use to the main dwelling as required by LH6 would be considered appropriate in this instance.

## Design, Materials And Impact On The Conservation Area

To  facilitate  the  proposed  use,  minor  physical  works  would  be  required  to  the  external appearance of the building, these include, new inward opening timber windows and timber shutters to the roadside elevation windows, a new timber single door opening and small glazed window within the existing double timber doors in the east facing elevation and two small roof lights within the south facing roof slope. Internally, the space would be equipped with a small kitchenette and study area leading through to a bedroom, shower room and small storage space. In this case, the alterations are considered acceptable, subject to conditions relating to materials and roof lights being conservation type. Consequently, it is considered the proposal would not have a detrimental impact on the character of the building or its setting and therefore would conserve the historic character and appearance of the Conservation Area. The proposal is therefore considered to accord with policies LC4, LC5 & LC8 in these respects.

## Protected Species

A survey has been completed and no evidence of bats has been found. The Authority's Ecologist has suggested that a footnote is added to the decision, reminding the applicant of their duty to protected species. This would be attached accordingly. In this case, it is considered the scheme would have no adverse impact on protected species in accord with policy LC17.

## Highways

The Parish  Council concerns in  respect of parking  issues  are noted. However,  The Local Highway Authority has raised no objections subject to all use remaining private and ancillary and there is no loss of parking. In this case, the proposed development would retain one off road parking and manoeuvring space to the side of the outbuilding. As the proposal is for ancillary accommodation, it would be unlikely to intensify existing traffic generation or parking demand. As such the proposal is considered to accord with policy LT11.

## Amenity

The nearest neighbouring dwelling to the development is 'The Square' which is sited over 12 metres away. At this distance and orientation, it is considered there would be no significant harm to the amenity of the occupiers of the property, any other properties or the users of the adjacent public right of way. The proposal is therefore considered to accord with policy LC4 in these respects.

## Archaeology

LC16 addresses archaeological sites and features. In this case, the Authority's Archaeologist has suggested  a condition  requiring  a 'programme of historic building  recording' to protect the buildings interesting features. They are identified as  "stone kneelers; dressed lintels, cills and jambs; pintels; the remains of the hearth flue internally, the double size opening on the east elevation. Although small and simple in design the building retains some historic character and is on a main street frontage within Elton Conservation Area".  Whilst Officers do not disagree with the assessment, given the minor nature of the works proposed and that the building is already in domestic use it is considered that all details mentioned are effectively recorded on the submitted plans and details. In this case, with minimal alterations required to the fabric of the building, attaching a condition for a 'programme of historic building recording' is not considered necessary to make the scheme acceptable in planning terms in this case. Regarding this, it is considered the scheme would be acceptable in archaeological terms, according with policy LC16.

## Other Issues

With regard to the Parish Council's concerns over parking and health and safety (shutters opening out across pathway).  In this case, a parking space would be retained in association with the dwelling, therefore no additional parking above which is already in existence would be required.  Whilst it is recognised the shutters could breeze open (across the pathway), the obligation would be on the owners of the property to ensure the shutters remain secured at all times.   

## Conclusion

The proposal requires minimal alterations to the external appearance of the building to facilitate the changed use, which would also remain in the same control and ownership as the main dwelling. The imposition of a condition, would allow the building to be flexibly used as relative accommodation ancillary to Smithy Cottage and therefore remain within the same planning unit. Additionally,  the  proposal  would  retain  a  parking  and  manoeuvring  space  within  the  site. Moreover, the ancillary use and the degree of separation from neighbouring private dwellings, is considered not to adversely affect upon the quiet enjoyment of their properties. Consequently, the scheme is considered to accord with National Guidance and Development Plan Policies, therefore recommended for approval subject to appropriate conditions. 

## Officer Recommendation:

Approve subject to the following conditions:-


3 year time limit.

Submitted plans.

Withdraw PD rights for changes to external appearance, extensions, satellite dishes etc.

Design & materials

Ancillary use to main dwelling.

Parking space to be retained.