APPLICATION: MA/13/0686 Date: 11 April 2013 Received: 19 April 2013
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APPLICANT: |
Mrs Linda Turner |
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LOCATION: |
OAKHURST, SCRAGGED OAK ROAD, DETLING, MAIDSTONE, KENT, ME14 3HJ |
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PARISH: |
Detling |
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PROPOSAL: |
Part retrospective consent for retention of access track over agricultural land to serve Oakhurst as shown on drawing nos: PWP/13/01 and site location plan received on the 19th April 2013. |
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AGENDA DATE:
CASE OFFICER: |
6th February 2014
Graham Parkinson |
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, ENV31, ENV33, ENV34,
· Government Policy: NPPF
2. HISTORY
2.1 MA/ 86/0094- Alterations and extension to existing bungalow-APPROVED - 12-Mar-1986
2.2 MA/86/0094- Alterations and extension to existing bungalow – APPROVED- 12-Mar-1986
2.3 MA/ 08/0488- Erection of a rear extension and side verandah.-APPROVED- 02-May-2008
2.4 MA/10/2156- Retrospective application for single storey building for teaching of spiritual therapy including student accommodation- REFUSED - 24-May-2011
2.5 MA/ 11/1437-
Application for a Lawful Development Certificate for an existing use being use
of land as residential garden for a period in excess of ten years-APPROVED-
12-Sep
-2011
2.6 MA/ 11/1438- Retrospective application for the change of use of land from agricultural to residential and the retention of a driveway-REFUSED- 23-Dec-2011- APPEAL DISMISSED (Decision attached as appendix 1)
2.7 MA/11/1439- Erection of single storey building (retrospective) and use for holiday accommodation and teaching of spiritual therapy including student accommodation- REFUSED- 23-Dec-2011 APPEAL DISMISSED (Decision attached as appendix 1).
2.8 MA/13/0684- Retention and use of single storey building as home office/annex– UNDETERMINED – This application is also being considered at this meeting.
3. CONSULTATIONS
3.1 Detling Parish Council: Objects to the proposal and its comments are summarised as follows:
- Does not object to the construction of the driveway but does object to the change of use of the orchard as this site lies within an AONB and the North Downs Special Landscape Area.
4. REPRESENTATIONS
4.1 5 properties consulted. No representations received
5. CONSIDERATIONS
5.1 Site Description
5.1.1 The application site is located on the north west side of Scragged Oak Road lying in open countryside and falling within the North Downs AONB.
5.1.2 The site is occupied by a chalet bungalow located within its south east corner and set slightly back from Scragged Oast Road. To the north west of the immediate garden curtilage serving the property is a detached garage and close to this garage is the building, the subject of this application.
5.1.3 To the south west of the immediate garden curtilage the site opens out into an expansive grassed area running across which in a north easterly direction gravelled driveway serving another access onto Scragged Oak Road.
5.2 Proposal
5.2.1 A part retrospective planning permission is sought to retain an access track running over agricultural land and the garden curtilage of Oakhurst. This track has been the subject of a previous appeal dismissed under ref: MA/ 11/1438.
5.3 Discussion:
5.3.1 The key issues relating to the retention of this track are considered to be its impact on the character and setting of the AONB, Special Landscape Area (SLA) and rural character of the wider area. It is also sited within a strategic gap while there is a need to take into account the impact on the outlook and amenity of houses overlooking and abutting the site.
5.4 Impact on AONB, SLA, Strategic Gap and rural character:
5.4.1 A key material issue in assessing the impact of the track is the dismissed appeal for the change of use of land from agricultural to residential and the retention of a driveway.
5.4.2 The Inspector objected to both parts of the track falling within the acknowledged garden curtilage of Oakhurst and that part crossing the adjoining agricultural land on visual amenity grounds. It is now intended to thicken up of the hedging fronting Scragged Oak Road in front of the existing residential curtilage. It is considered that this measure will ensure that this part of the is track will be sufficiently well screened to avoid visual harm.
5.4.3 The part of the track running over the agricultural land will be reduced in width from 5.5 to 3 metres with type 1 stone as a surface treatment. Given the width reduction and choice of wearing surface (which will give the impression of a rough farm track rather than that of a domestic driveway) it is considered that the visual impact of this part of the track is also now acceptable.
5.4.4 It is therefore considered that the proposed additional screening, reduction in track width and choice of wearing surface all combine to reduce the overall impact of the track where it will no longer have any material impact on the character and setting of the AONB, SLA or rural character of the area. Furthermore it is not considered that retention of the track as proposed will compromise the wider function of the strategic gap.
5.4.5 As an additional point tracks to houses in the countryside can often be defined by lighting. If not carried out in a sensitive manner this can appear as visually intrusive and harmful to the night-time rural environment. As such a condition should be imposed requiring details of lighting.
5.4.6 Another issue that has been raised relates to the erection of brick walls and piers and entrance gates to the existing field access onto Scragged Oast Road. As the brick walls, piers and gates all exceed 1 metre in height and are adjacent to the road, planning permission would normally be required for their retention.
5.4.7 In response the applicants have submitted an invoice dated the 10th March 2009 for the erection of gates to this access. This invoice makes reference to gate post/piers already being in place.
5.4.8 Based on this submitted evidence and in the absence of evidence to the contrary being in possession of the Council, it would appear likely that the gates, piers and brick walls were in place from early 2009.
5.4.9 Notwithstanding the length that the works have been in place, it is considered that they are acceptable in visual amenity terms and as such no further action is therefore recommended.
5.5 Impact on the outlook and amenity of dwellings overlooking and abutting the site:
5.5.1 The track as proposed, will it is considered, now have little visual impact outside the site. As such, no material harm is identified to the outlook of properties on the opposite side of Scragged Oak Road.
5.6 Other matters:
5.6.1 The Parish Council comments regarding the change of use of the orchard are noted. However the change of use only affects the land over which the access runs, which is now to be reduced to 3 metres in width with a length of just over 40 metres. This loss is considered nominal having regard to the overall site area and will not, it is considered, have any material impact on the productive capacity of the wider area of land for agricultural purposes.
6. CONCLUSIONS
6.1 For the reasons set out above it is considered that the retention of the track as amended is now acceptable in its visual impact, will not result in material harm to the character and setting of the AONB, SLA, or rural character of the area or compromise the function of the strategic gap. In addition it is not considered that it will result in demonstrable harm to the outlook of houses almost opposite the site in Scragged oak Road.
6.2 In the circumstances is considered that the development is now acceptable and that retrospective planning permission to retain the track, as amended, should be granted as a consequence.
7. RECOMMENDATION
GRANT PLANNING PERMISSION subject to the following conditions:
1.
Within
3 months from the date of this planning permission the following works shall be
carried out being (a) removal of the area of drive as shown on drawing
no:PWP/13/01 and the resultant area grassed over and (b) removal of the
existing wearing surface on the length of track to reduced to 3 metres in
width and its reinstatement with type 1 roadstone and retained as such at all
times thereafter.
Reason: In the interests of visual amenity.
2.
The
development hereby permitted shall be carried out in accordance with the
following approved plans: as shown on drawing nos: PWP/13/01 and site location
plan received on the 19th April 2013.
Reason: To ensure the quality of the development is maintained in the interests
of visual amenity.
3.
Within
3 months from the date of this planning permission the new shrub planting as
shown on drawing no:PWP/13/01 shall be provided. The planting shall be allowed to
grow up to a height of no less than two metres and thereafter maintained at no
less than 2 metres in height. Any part of the shrub planting that becomes
dead, dying or diseased shall be replaced with a similar species of a size to
be agreed in writing beforehand with the Local Planning Authority and shall be
retained at all times in accordance with the terms of this condition.
Reason: In the interests of visual amenity.
4.
No
lighting whatsoever shall be installed on site to identify the line of the track
hereby approved without first obtaining the prior permission in writing of the
Local Planning Authority. Lighting shall only be installed in accordance with
the approved details and retained as such at all times thereafter.
Reason: In the interests of visual amenity and to safeguard the night-time
rural environment.
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.