APPLICATION: MA/13/0235 Date: 11 February 2013 Received: 12 February 2013
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APPLICANT: |
I Fern, Ferns Surfacing Ltd. |
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LOCATION: |
TUTSHAM FARM, HUNT STREET, WEST FARLEIGH, KENT, ME15 0NE |
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PARISH: |
West Farleigh |
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PROPOSAL: |
Retrospective application for conversion of stable to a single live/work unit as shown on drawing nos: 2210/P/101c, DHA/9642/01and 2000/P/101B. |
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AGENDA DATE:
CASE OFFICER: |
10th October 2013
Graham Parkinson |
The recommendation for this application is being reported to Committee for decision because:
● It is contrary to views expressed by West Farleigh Parish Council
1. POLICIES
· Maidstone Borough-Wide Local Plan 2000: ENV28, ENV35, ENV44, ENV45, T13
· Government Policy: National Planning Policy Framework 2012
2. RELEVANT HISTORY
2.1 MA/10/0839:Conversion of Oast House to 5 No. live-work units, and external alterations, associated garaging, parking and landscaping – APPROVED -8th June 2011 subject to a S106 legal agreement requiring, amongst other things, implementation of a traffic management scheme control access routes to and from the development.
3. CONSULTATIONS
3.1 West Farleigh Parish Council: Objects to proposal and its comments are summarised as follows:
- Applicant has previously submitted applications for conversions and new homes which the Parish Council has supported and is disappointed that the applicant has not followed the correct procedures in this case.
- Would like it noted that the building was a cattle lean to and bull pen and not a stable.
- Building not worthy of conversion, does not have the necessary foundations and believes that the building was taken down and rebuilt in order to enable foundations to be constructed.
- Will create additional traffic on local road which is unable to cope with existing traffic.
- If application is approved request condition be imposed requiring traffic to use Hunt Street and not Mill Lane.
3.2 Heritage, landscape and design: No objection in principle but considers that the following points should be addressed to improve the scheme:
- Despite its late date and minor nature, the building is traditional in form and materials and forms a good group with the oast buildings currently being converted to the west.
- In design terms the external appearance is generally acceptable. However the glazed screen occupying most of the south elevation could have been improved if it had been set back to the rear edge of the supporting posts and dark-stained. This would reduce its visual impact and preserve the former appearance better.
- Where three-light windows have been used, the central non-opening lights have been direct glazed to the frame, giving an asymmetrical appearance and the use of dummy casements would have been preferable.
4. REPRESENTATIONS
4.1: 10 properties have been consulted. One combined objection has been received from the residents of Mill Lane which is summarised below:
- Does not consider that this derelict building was ever worthy of conversion.
- Should not be permitted as retrospective consent is sought thereby representing a flagrant abuse of planning restrictions.
- Tutsham Farm has been become increasingly urban due to the conversion of numerous building to dwellings and live/work units which has put an enormous strain on supporting infrastructure and increased number of vehicles using Mill Lane and as such strongly object to further dwellings on the farm.
- Approval for 5 live/work units approved under application ref:MA/10/0839 brought with it a commitment not to use Mill Lane for vehicular access which is not being honoured by the applicants.
- Legal agreement made in connection with application ref:MA/10/0839 should apply to the residents of this site.
- Challenge traffic statement which suggests that traffic has reduced when in fact there have been significant increases due to the cumulative impact of development allowed at the farm.
- Also wish to object to application ref:MA/13/0226 in traffic grounds.
5. CONSIDERATIONS
5.1 Site Description
5.1.1 The site lies within open countryside falling within the Medway Valley Area of Local Landscape Importance (ALLI) and is subject to policy ENV35 of the Local Plan. It is occupied by a long, narrow building, formerly open-fronted, erected between 1896 and 1908 and forms a group with the buildings currently being converted to live/work units sited a short distance to the west.
5.1.2 The wider group of buildings forms part of the Tutsham Hall complex located on the southern upward slope from the River Medway just over 200 metres to the north. The group of buildings in which the application site lies is located is approximately 300 metres north of Hunt Street off which access is gained via a private drive to the site over which a public footpath also runs. To the north of the site is Mill Lane, a private road.
5.1.3 The site is separated from Tutsham Hall a Grade II listed building and other residential buildings to the west by the bulk of the ‘American oast’ (being converted to live/work units) and other buildings.
5.1.4 Public footpaths run to the south of the site from east to west while a further footpath runs north eastwards from the site along Mill Lane. Both footpaths provide public vantage points of the site which lies on an open north facing slope.
5.2 Proposal
5.2.1 Retrospective planning permission is sought for internal and external alterations that have been carried out the building.
5.2.2 The interior of the building has been laid out as a 1 bedroom dwelling including a kitchen, hall, utility area and living room. The live/work space is shown occupying an area at on the western side of the building.
5.2.3 The building has a gross floor area (including that of the office/work space) of just under 140 sqr metres. As originally submitted the office/work space had an area of just under 18 sqr metres (just under 13% of the gross floor space of the building) provided in an area to be partitioned off from the main living area. This has now been revised with the office work space now in its own self contained area at the west end of the building. The office area has a gross floor area of 37 sqr metres (just over 26% of the floor area of the building).
5.2.4 An amenity area enclosed by post and rail fencing has also been erected along with parking provision abutting the western side of the building.
5.2.5 The supporting statement states that the development provides a specialist type of accommodation which, it contends, by combining residential and business use reduces overheads and travelling. In addition a dedicated work area is shown, use of which will be restricted to social hours.
5.2.6 It is further contended that the use will coexist with the nearby live/work units already permitted helping to create a vibrant and viable rural business hub.
6.1 Discussion:
6.1.1 The key issues in relation to this proposal are considered to be (a) principle (b) whether genuine live work unit, (c) whether building meets the criteria for conversion (d) impact on the surrounding countryside and ALLI (e) impact on the character and setting of nearby buildings (f) amenity of the proposed development and (g) highway and parking considerations.
6.2 Principle
6.2.1 Policies EN28 and ENV35 of the adopted local plan seeks to resist development which is seen to harm the character of the countryside and ALLI’s. In ALLI’s maintenance of open space and character of the landscape will be given particular weight.
6.2.2 Policies ENV44 and ENV45 of the adopted local plan relate to the conversion of agricultural buildings to commercial or residential use. The criteria for conversion to commercial use, amongst other things, is that the building to be converted is in keeping with a rural area, is of sound construction, that changes reflect the rural character of the building, will not disperse commercial activity harmful to existing towns or villages, will not cause traffic problems, are otherwise environmentally acceptable while seeking to avoid any means of enclosure harmful to the character of the area.
6.2.3 The criteria for conversion to residential essentially reflects most of those required for commercial conversion. However a key difference is that every attempt must first have been made to secure a commercial reuse of the building before residential use can be contemplated.
6.2.4 Live/work units are therefore hybrid development to which both elements the above policies can be seen to apply. In the case of the current application, just over 26% of the area of the building is now shown allocated for commercial purposes.
6.2.5 One of the other key criteria is whether the building is of sound construction thereby enabling conversion rather than demolition and rebuild to take place, as is the contention of the Parish Council. In response the applicants advise that a new external shell was erected but the work involved conversion of an essentially sound building. No condition survey was submitted as part of the application to demonstrate this. However in the absence of compelling evidence to the contrary and given the support of the Heritage advisor, it considered that there are insufficient grounds to sustain an objection based on demolition and rebuild rather than conversion of a basically sound building.
6.2.6 The above policies also need to be considered against the guidelines set out in the NPPF. One of the 12 core planning principles set out in paragraph 17 of the NPPF states that Local Planning Authorities should:
- take account of the different roles and character of different areas,
promoting the vitality of our main urban areas, protecting the Green Belts
around them, recognising the intrinsic character and beauty of the
countryside and supporting thriving rural communities within it;
6.2.7 In addition the NPPF also seeks to promote a prosperous rural economy and at paragraph 28, amongst other things, states that:
Planning policies should support economic growth in rural areas in order to
create jobs and prosperity by taking a positive approach to sustainable new
development by:
-supporting sustainable growth and expansion of all types of business and
enterprise in rural areas, both through conversion of existing buildings and
well designed new buildings and;
- promote the development and diversification of agricultural and other
land-based rural businesses.
6.2.8 The site falls within an ALLI and the NPPF makes clear at paragraph 115, that great weight should be given to conserving landscape and scenic beauty in, amongst other things, AONB’s. No specific countryside protection is afforded to areas outside AONB’s on landscape quality grounds apart from recognition of the intrinsic character and beauty of the countryside.
6.2.9 There is also the need to acknowledge the recent planning history of the nearby site where planning permission was granted in June 2011 under ref: MA/10/0839 for conversion of the oast house to 5 no: live-work units. Given this recent approval in very close proximity to the application site, it represents a significant material consideration in the determination of this application.
6.2.10 The points made by the applicants relating to the creation of a thriving and viable rural business hub are also noted. In the absence of matters of compelling weight to balance against this, it is considered to represent a factor in favour of the development bringing activity that can be seen to support the rural economy and local services.
6.2.11 In the circumstances, given:
- the general support contained in the NPPF for development in rural areas that can be seen to promote a prosperous rural economy
- that local plan policies do not preclude the principle of reuse of agricultural buildings for either commercial or residential use though is silent on hybrid proposals such as this ;
- the recent approval granted for live/work development nearby
it is considered that it would be difficult to object to the principle of the development and matters therefore turn on detailed considerations.
6.4 Whether genuine live work unit:
6.4.1 Live/work units combine living and working areas in a single entity. In the continuing absence of any specific local or national policies relating to this type of development, consideration needs to be given as to whether the development represents a genuine, practical and useable live/work accommodation.
6.4.2 The work space is now separate from the residential accommodation, in a way that enables it to be used without materially conflicting with the wider residential use of the unit. In addition the work space is now just under 27% of the floorspace of the whole unit which is comparable with the lower range units approved in connection with the conversion of the adjoining Oast House to 5 No. live-work units permitted under ref: MA/10/0839. As such 27% is considered to be an acceptable ratio meeting an accepted floorspace balance for live/work development while still enabling a residential unit of acceptable quality to be provided.
6.4.3 However in order to ensure that the units remains available for live/work purposes conditions should be imposed restricting the use to this purpose along with a monitoring condition requiring records be made available to the Council on demand to ensure that this continues to be the case.
6.5 Criteria for conversion:
6.5.1 Based on the submitted evidence (and balance of probability), it is considered that the building was of sound construction therefore meeting one of the key conversion criteria contained in policies ENV44 and ENV45 of the adopted local plan.
6.5.2 Another requirement is that before residential conversion is considered it must first be demonstrated by market testing that there is no interest in using it for commercial purposes. No such exercise has been carried out in connection with this application.
6.5.3 However given the hybrid nature of the application, where commercial use forms a key element of the proposal with the residential use also forming part of the justification, it would be difficult to separate to the two uses with each being dependent on one another. In view of this it is not considered that market testing is essential in determining the acceptability of the proposal, given that no such test is required for purely commercial development.
6.5.4 Turning to whether the work that has been carried out meets the design criteria set out in policies ENV44 and ENV45 of the adopted local plan, the Heritage advisor concerns relating to the external appearance the building are noted. However these are considered to be relatively minor matters that can be addressed by condition.
6.5.5 Regarding the visual impact of amenity space surrounding the building, the erection of a low post and rail fence does not screen the area or provide privacy. This results in the area being highly visible and incongruous when viewed against the backdrop of nearby large agricultural commercial buildings. In order to minimise this impact, it is considered that a native species hedge should be erected to enclose this area and which should be secured by condition.
6.5.6 In addition to ensure that the use of the building continues to comply with the policy requirements, conditions should be imposed to (a) control any form of open storage in connection with the commercial use of the building and (b) lighting in order to protect the night time rural environment from excessive or poorly directed lighting.
6.5.7 Regarding the withdrawal of domestic ‘pd’ rights, as permission is specifically sought for a mixed use building it falls outside any use class. As such it does not enjoy ‘permitted development’ rights and an informative should be appended making this clear.
6.5.8 In the circumstances, it is considered that what has been carried out meets the key requirements of policies ENV44 and ENV45 of the adopted local plan relating to the use of the building, design and layout considerations.
6.6 Impact on the surrounding countryside and ALLI
6.6.1 Given that the size, siting and profile of the building remains as previous, there is no issues raised relating to the impact of additional built mass. The key issue here is whether the external alterations that have been carried out will have any impact of the wider rural character of the area and the ALLI. Long range views will continue to available to the building from the public footpath to the north of the site running along Mill Lane. From this direction the key aspect will that of blank, largely ragstone and white render walls capped by steeply sloping pitched roof, which, it is considered will have little material impact on the rural character and setting of the area.
6.6.2 When viewing the site from the open fields to the east, currently there are clear views into it. However once the native species planting required by condition matures this will provide an effective screen from this direction.
6.6.3 In the circumstances it is considered that the changes that have occurred to the building and its immediate environs do not result in any material change to the rural character of the area or harm to the ALLI.
6.7 Impact on the character and setting of nearby development:
6.7.1 This building can be seen to fall within the concentration of buildings and spaces defining the Tutsham Farm complex at this end. For the reasons already amplified above, it considered that the visual impact of the work already carried out and use of the building, subject to additional boundary landscaping, has an acceptable impact on nearby development forming part of the complex.
6.8 Amenity of the development:
6.8.1 It is considered that the size of the unit and amenity area provides for a reasonable standard of accommodation and there is no objection to the proposal on these grounds.
6.8.2 Regarding the aural environment that the occupants of the unit are exposed to, subject to conditions that the development shall (a) only be occupied by persons intending to live and carry out their occupation from home and (b) that the commercial floor area shall only be used for the benefit of persons occupying the premises, any noise and disturbance associated with the commercial use of the building shall only be generated by the occupants. A condition should be imposed restricting the commercial use to B1 only given that, by definition, this can be carried on within a residential area without harm to amenity.
6.8.3 Regarding the external aural environment, sited within a working farm/commercial complex could result in exposure to noise and disturbance from these sources. Nevertheless given the mixed commercial/residential nature of the unit and that there are other live work units nearby, must bring with it an acceptance that this is not a conventional living environment and that, on occasions, noise levels may exceed residential norms as consequence.
6.9 Highway and parking considerations:
6.9.1 One of the main objections to this development is its impact on the local road network. However traffic generated by this small unit is not considered on its own to materially have any impact on the free flow of traffic and highway safety in the locality.
6.9.2 The Parish Councils and local residents concerns regarding routing the traffic away from Mill Lane are therefore noted but given the nominal amount of traffic generated by the use of the premises cannot be justified in connection with this development.
6.10 Other matters:
6.10.1 The majority of the objections raised to the development have already been addressed above. However the following to the outstanding concerns have been raised:
6.10.2 Local residents consider that as retrospective consent is being sought it represents a flagrant abuse of planning control and that the application should be refused accordingly. Notwithstanding, the Council is still required to deal with such applications on their merits and to only refuse planning permission where there is strong evidence of demonstrable harm that cannot be resolved by the imposition conditions. For the reasons set out above it is considered appropriate to grant a conditional planning permission.
6.10.3 Approval for 5 live/work units approved under application ref:MA/10/0839 brought with it a commitment not to use Mill Lane for vehicular access which is not being honoured by the applicants. However this legal agreement only applies to this development. Given the small scale of the current development and nominal amount of traffic that will be generated as a consequence, it is not considered appropriate to seek a similar legal agreement here.
6.10.4 Regarding the reference to application 13/0226, this is a also a retrospective application for change of use of land to equestrian use for commercial purposes. This application is currently undetermined and the case officer has been made aware of the concerns raised in connection with this application.
6.11 CONCLUSIONS
6.11.1 These are considered to be as follows:
- The general support contained in the NPPF for development in rural areas that can be seen to promote a prosperous rural economy and that the adopted local plan does not preclude the principle of reuse of agricultural buildings for either commercial or residential use.
- The recent approval granted for live/work development nearby and which is considered to be material factor in favour of this development.
- That the development is seen to represent a genuine example of live/work development.
- That the development will bring further activity to the area thereby supporting the rural economy and local services.
- That the development meets the requirements for conversion of agricultural buildings to other uses while not harming the rural character and special landscape characteristics of the ALLI or the amenity of nearby development.
- Will provide a good sized unit of residential accommodation that will enjoy and acceptable levels of amenity and:
- No objection is identified on highway or parking grounds
6.11.2 In the circumstances it is considered that notwithstanding the concerns that have been raised, for the reasons set out above the development is considered acceptable in its impacts and retrospective planning permission should be granted as a consequence.
7. RECOMMENDATION
GRANT PLANNING PERMISSION SUBJECT TO THE RECEIPT OF ACCEPTABLE REVISED INTERNAL LAYOUT PLAN AND CONDITIONS:
1.
The
development hereby approved shall only be occupied as a mixed use live/work
unit by persons intending to live and carry out their occupation from home and
for no other purpose whatsoever.
Reason: To reflect the special circumstances of the application.
2.
Within
3 months of the date of the development hereby approved, a native species
planting scheme enclosing the perimeter of the amenity area shown on drawing
no: DHA/9642/01 shall be submitted to and approved in writing by the Local
Planning Authority. This shall include a programme for the approved scheme's
implementation and long term management. The scheme shall be designed using the
principles established in the Council's adopted Landscape Character Assessment
and Landscape Guidelines. The approved scheme shall be carried out in the first
available planting season and if any trees or plants which within a period of
five years die, are removed or become seriously damaged or diseased they shall
be replaced in the next planting season with others of similar size and species,
unless the Local Planning Authority gives written consent to any variation;
Reason: In the interests of visual amenity.
3.
The
commercial floor area hereby approved shall only be used for the benefit of
persons occupying the premises in accordance with the terms condition 1 and
shall not be let or sublet.
Reason: In the interests of aural amenity.
4.
The
office/workspace shown on drawing no:2210/P/101c shall only be used for
purposes falling within Class B1 of the Town and Country Planning Use Classes
Order 1987 (as amended) and for no other purpose whatsoever. The remainder of
the building and site falling outside this defined area shall only be used as a
dwelling or for ancillary amenity purposes in accordance with Class C3 (a) of
the Town and Country Planning Use Classes Order 1987(as amended) and for no
other purpose whatsoever.
Reason: to retain control over the use in the interests of amenity.
5.
Subject
to 5 working days notice being given in writing by the Local Planning
Authority, the occupants of the live/work development hereby approved shall be
required to provide documentary evidence to demonstrate that the premises is
being occupied in accordance with the requirements of condition 1 above.
Reason: To ensure that the development is being occupied as approved and to
reflect the special circumstances of the development.
6.
No
open storage of plant, materials, products, goods for sale or hire or waste
shall take place on the land;
Reason: In the interests of amenity.
7.
Before
any external lighting is installed details shall be submitted to and approved
in writing by the Local Planning Authority and shall include the design, size,
siting of any lamp columns or fitments, details of the output of any luminaires
including light spread diagrams. The lighting shall only be installed in
accordance with the approved details and retained as such at all times
thereafter.
Reason: In the interests of amenity.
8.
The
parking/turning areas shown on drawing no:DHA/9642/01 shall continue to
retained at all times for these purposes without any impediment to their
intended use.
Reason: In the interests of highway safety and the free flow of traffic.
9.
Within
3 months of the date of the development hereby approved, all existing joinery
shall be dark stained.
Reason: In the interests of visual amenity.
10.
Within
3 months of the date of this consent, where three-light windows have been used
details of the size and profile of the dummy casements should be submitted for
prior approval in writing by the Local Planning Authority and replacing the
central non-opening lights direct glazed to the frame. The approval details
shall be implemented within 1 month of the date of consent and shall be
retained as such at all times thereafter.
Reason: In the interests of visual amenity.
Informatives set out below
You are advised that as this is a mixed use development it is therefore sui generis and as such, does not benefit from 'permitted development' rights to extend or alter the exterior of the building in any way or erect outbuildings or structures in the area identified as amenity space
Note
to Applicant:
In accordance with paragraphs 186 and 187 of the NPPF, Maidstone Borough
Council (MBC) takes a positive and proactive approach to development proposals
focused on solutions. MBC works with applicants/agents in a positive and
proactive manner by:
Offering a pre-application advice and duty desk service.
Where possible, suggesting solutions to secure a successful outcome.
As appropriate, updating applicants/agents of any issues that may arise in the
processing of their application.
In this instance:
The application was considered by the Planning Committee where the
applicant/agent had the opportunity to speak to the committee and promote the
application.
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.