Agenda item

Planning Application No. SL/2019/0583 - Land Adjacent to the Knoll, School Road, Kirkby in Furness

To determine an application for a two storey detached dwelling.

Minutes:

Erection of a two storey detached dwelling a land adjacent to The Knoll, School Road, Kirkby-in-Furness (Ms D Knowles).

 

The Interim Development Team Leader presented Planning Application No. SL/2019/0583 which sought permission for a two storey dwelling at the entrance to the northern end of Kirkby-in-Furness. He displayed photographs and plans which outlined the proposal and he explained that the site consisted of a bungalow ‘The Knoll’ with an extended garden, paddock and stabling. He informed Members that ‘The Knoll’ was within the settlement boundary however, the development site was situated outside the settlement boundary. The Interim Development Team Leader stated that the Local Plan Policy had allocated two residential allocations which were intended to meet the development needs for the settlement for the lifetime of the Local Plan without having to encroach beyond the defined settlement into the open countryside.

 

Mrs Donna Knowles, the applicant, addressed the Committee. She Informed Members that ‘The Knoll’ had been purchased in December 2018 on the understanding that there was pre-planning approval to build a house in the paddock. She went on to explain that she had lived in Kirkby-in-Furness since 2013 and her husband had lived and farmed locally all his life. Since their marriage in 2018, with their extended family needs, their current house was not large enough. Mrs Knowles went on to explain that they currently lived 300 yards away from the development site and although they were currently in a five-bedroomed house they had no off road parking or garage and the property was not energy efficient. She stated that the new carbon zero home would offer the family more space and her elderly father also planned to move from his home in Wigan into ‘The Knoll’, so he could be closer to the family. Mrs Knowles informed Members that she worked in Barrow-in-Furness and her husband worked in Broughton so Kirkby-in-Furness was the perfect location. She acknowledged that the development site was just outside the settlement boundary, however she stated that there was surprise within the village that the paddock was not within the settlement boundary. She went on to inform Members that the settlement boundary had split the title of the property in two with ‘The Knoll’, garage and stables within the settlement boundary and the garden, driveway and paddock just outside. Mrs Knowles concluded her address by asking the Committee to support the application which would allow her to build a family home to meet their needs.

 

Ms Kate Bellwood, the Applicant’s Agent, addressed the Committee. She stated that the Officer’s report was balanced and that the only objection to the proposed scheme was that the site sat outside the settlement boundary line. She went on to highlight that the plot looked to be part of the village and had an existing boundary that most people would consider to be the edge of the village. Ms Bellwood informed Members that opposite the site there was a large housing allocation which would extend the village beyond the site and which had approval for large family houses of a similar design and scale to the application. She went on to question the allocation of the boundary line and its implication to the self-build policy and highlighted national legislation which stated that a policy could be set aside if there were material circumstances which outweighed a policy. Ms Bellwood highlighted that the settlement boundary lines had not been changed since 1996 other than for large land allocations. She advised Members that they had the right to consider all material considerations and policies and judge the application on its own merits and that if they felt the building complied with the self-build policy they could make a decision despite conflict with the boundary line policy. Ms Bellwood concluded her address by stating that not everyone wanted to live on a housing estate and that the proposed scheme would deliver a much needed self-build family home.

 

In further presenting his report the Interim Development Team Leader reiterated that the development site was outside the settlement boundary and informed Members that Self-Build Policy DM12 was clear in determining applications when the location of a site was within: Principal, Key or Local Service Centres; within or on the edge of small villages and hamlets (Policy DM13); or on a rural exception site in accordance with Policy DM14 (affordable in perpetuity).

 

The Interim Development Team Leader responded to questions raised by Members.

 

Members gave consideration to the development being outside the settlement boundary, the representations made by the applicant and agent, the need of the family and their involvement in the community. In considering the departure from the Local Plan Policies Members placed great weight on this being an eco-home, as explained by the Applicant’s Agent and the family, the carbon neutrality of the proposal outweighed the presumption against development. Members agreed it was a good use of the site and location and the development would add value to the village. In addition they felt the property offered architectural merit.

 

RESOLVED – That the application be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 scale – Location plan - Received 11/07/2019

1:100 scale – Ground floor/Site plan – Dwg No 553/03 – Received 11/07/2019

1:50/1:100 scale – Roof plan and elevations plan – Dwg No 553/01 – Received 11/07/2019

1:100 scale – Floor plans – Dwg No 553/02 – Received 11/07/2019

1:100/ 1:200 scale – Roof plan and elevations plan – Dwg No 553/01 – Received 11/07/2019

1:100/1:200 scale –Roof site plan, road section BB – Dwg No 553/05 – Received 11/07/2019

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Condition (3)   All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with a program to be agreed in writing with the Local Planning Authority prior to any development commencing.  Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

Reason:           To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the Development Management Policies Development Plan Document.

 

Condition (4)   The development hereby permitted shall be constructed entirely of materials details of which are shown on plan No. Dwg No 553/01 – Received 11/07/2019.

 

Reason:           To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (5)

a)    Notwithstanding Condition 4 above, the walls of the building to be stone faced shall be built from random coursed natural slate of a similar colour and texture to stone quarried within the County of Cumbria.  A sample panel of the proposed stonework shall be erected on the site for the further written approval of the Local Planning Authority and this written approval shall be obtained before any facing works are commenced; this panel shall be of sufficient size to indicate the method of jointing and coursing to be used and all stone facing shall match the sample panel thereafter to the satisfaction of the Local Planning Authority.

 

b)    Development shall be carried out in accordance with the approved details of materials unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:           To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (6)   The means of vehicular access to the development hereby approved shall be from the northern existing site entrance only.

 

Reason:           In the interests of highway safety in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)

a) The development shall not be occupied until the surface water and sewage disposal works have been completed on site in accordance with the approved plans. 

 

b) The approved works shall be retained as such thereafter.

 

Reason:           To ensure adequate provision is made for the management of surface water and sewage disposal in accordance with Policies DM1, DM6 and DM7 of the Development Management Policies Development Plan Document and Policy CS8.8 of the South Lakeland Core Strategy.

Supporting documents: