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APPLICATION:       MA/10/0424         Date: 11 March 2010      Received: 20 May 2010

 

APPLICANT:	Mrs T  Duffy
LOCATION:	CHURCH HOUSE, MARLEY ROAD, HARRIETSHAM, MAIDSTONE, KENT, ME17 1AX
PARISH:	Harrietsham
PROPOSAL:	Removal of condition 2 of planning permission MA/85/1604 to allow use of garages for purposes incidental to the enjoyment of the main dwellinghouse other than solely the parking of vehicles.
AGENDA DATE:   CASE OFFICER:	22nd July 2010   Catherine Slade

 

The recommendation for this application is being reported to Committee for decision because:

 

●  it is contrary to views expressed by the Parish Council

 

1. POLICIES

 

Maidstone Borough-Wide Local Plan 2000: ENV28, ENV33, ENV34, T13

Government Policy: PPS1 Delivering Sustainable Development, PPS7 Sustainable Development in Rural Areas

 

2   HISTORY

 

2.1        Planning permission was granted in 1985 for the erection of a three bay garage under MA/85/1604. The permission was granted subject to a standard time limit condition and a condition restricting the use of the building to the garaging of private motor vehicles. The wording of the latter condition is as follows:

 

The garage hereby permitted shall be used solely for the garaging of (a) private motor vehicle(s) and no cellulose spraying, panel beating, major repairs, trade or business shall be carried out in or from the garage(s).

 

2.2     The purpose of the condition was to prevent harm to the amenity of the area.

 

2.3    The structure permitted has been built and is sited to the rear (north) of the main dwellinghouse, adjacent to the boundary with Kingboro Farm, the neighbouring property to the east.

 

2.4        The site has been the subject of numerous other applications for householder development, including extensions to the main dwellinghouse and an annexe, however these are not relevant to the current application.

 

3   CONSULTATIONS

 

3.1    Harrietsham Parish Council: Wish to see the application refused on the grounds that the development would have a “detrimental impact upon the neighbouring property.” The Parish Council confirmed by email (24^th June 2010) that they wished the application to be reported to Planning Committee.

 

3.2    Environment Agency: Raise no objection to the proposal.

 

3.3    Maidstone Borough Council Environmental Health Manager: Raises no objection to the proposal.

 

4   REPRESENTATIONS

 

4.1        Five representations were received. They raised the following concerns:

 

●        Removal of the condition could result in unrestricted use of the building for commercial uses or the keeping of horses.

●        Harm to residential amenity with regard to noise and odours caused by the keeping of horses.

●        Increased traffic.

 

5     CONSIDERATIONS

 

5.1       Site Description & Setting

 

5.1.1   The site is located in open countryside designated as being within the Kent Downs Area of Outstanding Natural Beauty (AONB) and North Downs Special Landscape Area (SLA).

 

5.1.2   The site comprises a rectangular residential plot to the north of Marley Lane. The main dwellinghouse is located centrally within the site, however this application relates to an outbuilding located approximately 20m to the east of the dwelling.

 

5.1.3   The outbuilding is a single storey three bay garage with a pitched roof. It is sited to the rear of the main dwellinghouse and is adjacent to the boundary with the neighbouring property to the east, Kingboro Farm. The distance between the outbuilding and the closest neighbouring dwellinghouse (Kingboro Farm) is approximately 13m. The boundary treatment between the two properties comprises a fence and hedge, and there is landscaping between the two buildings. The church of St John the Baptist is located to the west of the site, and there is open countryside to the north. There are residential properties on the south side of Marley Lane, which are in excess of 50m from the outbuilding.

 

5.2    Proposed Development

 

5.2.1 The current application is for the removal of condition 2 of MA/85/1604, and was submitted in response to an enforcement investigation (ENF/10882) which was opened in response to a complaint that the outbuilding was being used for the stabling of horses in breach of condition 2 attached to MA/85/1604, set out above. No details are recorded on the file as to whether there were issues of smells, noise, etc. at this time.

 

5.2.2 The application to vary the condition was originally submitted with wording suggesting that the use of the building would be solely for the stabling of horses. This was later amended to the current wording as at the time of the site visit it was clear that the building was not being used for stabling, and was in fact being used for general storage for purposes ancillary to the use of the main dwellinghouse. It was confirmed by the applicant that the use of the building for the keeping of animals was a temporary use during the winter, and furthermore that the animals in question belonged to the occupant of the dwelling. The use was therefore incidental to the residential use, and was not commercial.

 

5.2.3 Modifications to the exterior of the building have been undertaken, being the replacement of the existing garage doors to form stable doors.

 

5.3    Principle of Development

 

5.3.1 Planning permission has been granted for the erection of the building, and the development has been in place some years. The removal of the condition would allow the use of the outbuilding for purposes ancillary to the use of the main dwellinghouse, including the keeping of animals, general domestic storage, etc.

 

5.3.2 The removal of the condition would not allow any commercial or other use not incidental to the use of the main dwellinghouse. Planning permission would be required for such a change of use.

 

5.3.3 Therefore, the only matter for consideration is whether the removal of condition 2 would result in harm to the visual amenity of the open countryside, AONB or SLA, or the residential amenity of the occupiers of the neighbouring dwellings, particularly those of Kingboro Farm which is the dwelling in closest proximity to the outbuilding.

 

5.4    Residential Amenity

 

5.4.1 Concern has been raised with regard to the impact of removing the restrictive condition on the amenity of the occupiers of the neighbouring dwellings. These concerns primarily relate to the use of the building for the stabling of horses, and the potential for the building to be used for commercial purposes such as car repairs.

 

5.4.2 The building is located adjacent to the boundary of the site with Kingboro Farm, and is approximately 13m from this property. An Environmental Health Complaint was received in January 2010 with regard to the impact of the use of the building for the stabling of animals on the occupiers of this dwelling as a result of the planning enforcement case, however the case has now been closed with no further action and no subsequent complaints with regard to odour or noise have been received by Environmental Health.

 

5.4.3 Whilst the use of the building for the sheltering of horses incidental to the enjoyment of the dwellinghouse could be undertaken if the condition were to be removed, it is considered that the use of the building for this purpose on such a scale would not result in harm to residential amenity. In any case, issues such as noise nuisance and waste are covered by separate legislation.

 

5.4.4 The removal of the condition would allow the building to be used for the stabling of horses, providing that the use was incidental to the enjoyment of the dwellinghouse. It would not allow any such use that would constitute a commercial livery or stable use. The scale of the building is such that three horses could be kept in the building at any once time. Notwithstanding this, a condition may be attached to the permission requiring the building to be used solely for purposes incidental to the enjoyment of the dwellinghouse.

 

5.4.5 Members will be aware that other outbuildings could be erected within the curtilage of the dwellinghouse without the benefit of planning permission under the provisions of Class E, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) in a closer position to the neighbouring dwelling, and the resultant buildings used for the keeping of animals incidental to the use of the dwellinghouse, and the Local Planning Authority would not be able to exert any control over such development as the use would not represent a breach of planning control.

 

5.4.6 In addition, it is by no means clear that the use of the buildings would be for the keeping of horses on a permanent or ongoing basis, as was observed at the time of the site visit.

 

5.4.7 Furthermore, as stated above, the use of the building for any commercial purpose including any equine business such as a riding school or livery would require planning permission for a change of use.

 

5.4.8 Given the above, it is not considered either reasonable or necessary to refuse the application to remove the condition on the grounds of harm to the amenity of neighbouring occupiers, in accordance with the tests for conditions set out in Circular 11/95 “The use of conditions in planning permissions”.

 

5.5    Highways

 

5.5.1 There is extensive on site parking to the east of Church House within the curtilage, and it is not considered that enabling the outbuilding to be used for purposes incidental to the use of the dwellinghouse other than the parking of vehicles would result in harm to highway safety or excessive generation of additional vehicular traffic.

 

5.6    Visual Impact

 

5.6.1 The visual impact of the proposed development is extremely limited. No further operational development is proposed, and the works that have been so far completed do not require planning permission and are negligible in terms of their overall impact upon the character and visual amenity of the surrounding area.

 

6      CONCLUSION

 

6.1    For the reasons set out above it is considered that the removal of condition 2 of MA/85/1604 to allow use of the garage building for purposes incidental to the use of the dwellinghouse other than the parking of motor vehicles is in accordance with the policies of the Maidstone Borough-Wide Local Plan 2000 and central government guidance.

 

7   RECOMMENDATION

 

GRANT PLANNING PERMISSION SUBJECT TO THE FOLLOWING CONDITION:

 

1.   The building shall only be used for purposes incidental to the enjoyment of the dwellinghouse. No commercial use, including any commercial stables or livery business may occupy the building;

Reason: To safeguard the residential amenity of the occupiers of neighbouring properties in accordance with PPS1 Delivering Sustainable Development.

The proposed development, subject to the conditions stated,  is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000) and there are no overriding material considerations to indicate a refusal of planning consent.