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Planning Committee

Applications for Consideration

Date of Meeting: 07 August 2007

Time: 6:00pm

Location: William Elder Building, Castlegate, Berwick-upon-Tweed

Application No.

07/B/0041

Full Planning Application

Proposal

Conversion of garages to create 1 no dwelling

Location

23, Castle Street, Norham, Berwick-upon-tweed, TD152LQ

Applicant

Mr & Mrs D J Hogg

Recommendation

Approve subject to conditions

Reason for Approval

The proposed development complies with the relevant provisions of Local Plan 1999 and PPG 15 with respect to development, the human environment and conservation. The proposed development ensures the protection and enhancement of the Conservation Area without significant impact upon the amenity of the locality.

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) The works of demolition hereby permitted shall not be begun until documentary evidence is produced to show that contracts have been entered into by the developer to ensure that building work is commenced within a period of 6 months following commencement of demolition.

Reason: To prevent premature demolition in the interests of the character of the Conservation Area.

d) All existing original features including staircases, balustrades, windows, doors, architraves, skirting boards, dado rails, picture rails, panel work, tiling, corbelled arches, cornices, plaster ceiling mouldings and other decorative features, shall be retained, except where otherwise agreed in writing and detailed drawings including 1:20 scale sample elevations and 1:1 moulding profile sections, together with sample lengths of the existing mouldings, of all new or replacement features, including all joinery, plaster and stucco work shall be submitted to and approved in writing by the Local Planning Authority before work commences.

Reason: To ensure satisfactory preservation of this Listed Building.

e) The rooflights indicated on the approved plans shall be of 'conservation' design and materials, and shall thereafter be so retained.

Reason: To safeguard the character of the building.

f) A sample of all materials to be used on all the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before development commences.

Reason: The materials to be used require further consideration to ensure the satisfactory appearance of the development.

g) The external surfaces of the building shall be retained as existing and where necessary repaired and/or renewed with salvaged materials, or those that are similar in age, colour and texture to the original, unless the prior written consent of the Local Planning Authority is obtained for any variation thereto.

Reason: To ensure that the proposed development does not have an adverse effect upon the appearance of the buildings.

h) No development shall take place except in strict accordance with a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development, which shall first be submitted to, and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity.

i) No development shall take place unless in accordance with the mitigation detailed within the protected species report (Garages to the rear of Castle Street, Norham, Bat Report, Baker Shepherd Gillespie, January 2007) including, but not restricted to: adherence to timing and spatial restrictions: adherence to precautionary working methods; provision of alternative roost sites identified in the report.

Reason: To preserve protected species and their habitat.

j) This permission shall only permit the conversion and adaption of the existing structure as a single dwelling unit. It shall not purport to grant permission for the erection of a new dwelling nor for any extensive rebuilding which would be tantamount to the erection of a new dwelling.

Reason: Permission has been granted for the conversion of an existing building to habitable accommodation in a location where a new dwelling would not otherwise be appropriate.

k) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent Order amending, revoking or re-enacting that Order), there shall be no further building, structure or enclosure placed on the site unless an application for planning permission in that behalf has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The Local Planning Authority considers that any further development would prejudice a satisfactory layout and would have a harmful effect upon the amenity of the area.

l) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent provisions amending or re-enacting that Order), no additional window or other opening shall be made in any elevation of the building(s) unless an application for planning permission in that behalf is first submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the privacy and amenity of the occupiers of adjacent properties.

m) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any subsequent Order amending, revoking or re-enacting that Order); (i) There shall be no addition or extension to the dwellings (including the insertion of dormer windows or chimneys); (ii) There shall be no further building, structure or other enclosure constructed or placed on the site; (iii) No additional window or other opening shall be made in any elevation; unless an application for planning permission in that behalf has first been submitted to and approved by the Local Planning Authority.

Reason: To safeguard the character, appearance and setting of the building to be converted.

Informative(s)

a) This planning permission does not absolve the developer from complying with relevant law, including obtaining and complying with the terms and conditions of any licences required as described in Part IV B of ODPM Circular 06/2005 - Biodiversity and Geological Conservation.

b) The applicant is reminded that this permission does not convey approval for works affecting any third party rights which may exist on the land or any adjoining. The applicant is therefore advised to seek the approval of any parties having an interest in any land affected by this permission.

Background

Applications for development for the following were registered by the Local Planning Authority on 23/24 January 2007:

07/B/0041 – Full Planning Application

07/B/0042 – Listed Building Consent Application

07/B/0081 – Conservation Area Consent

The subject applications are for Demolition of outbuilding and conversion of garage and rebuilding/conversion to create to create 1 dwelling.

Relevant site and locality descriptions are outlined below.

Site Description

The site is 23 Castle Street, Norham. The site is located within the Norham Conservation Area. The site is within a large group of sites that are traditional burgage plots fronting Castle Street with rear access to North Lane.

The site accommodates a listed building (Grade ii), the principal dwelling, which has frontage to Castle Street. The buildings which form the subject of this application are the rear outbuildings which front North Lane. These buildings, whilst not listed in their own right, are curtilage structures.

The site is approximately 62metres in length. The boundary has irregular width in that the street frontage to Castle Street spans the width of the principle dwelling at approximately 10m. At the rear however, the site has a greater width by virtue of the ownership of two outbuildings spanning the rear boundary which have altered the rear boundary in the past. It is pertinent to consider this anomaly now, considering it is by virtue of the rear boundary that this proposal has merit given the availability of parking at the site.

North Lane accommodates a mixture of dwellings houses of various styles and ages, as well as utility and outbuildings.

Proposals

The proposal consists of two key elements:

1) Demolition of outbuilding. The outbuilding to be demolished is the eastern of the two.

2) The second element to the development is the reconstruction of the outbuilding and conversion of the existing building to accommodate a new dwelling at the rear of 23 Castle Street, Norham.

Originally, the dwelling was intended to accommodate three bedrooms; however the proposal has been amended to accommodate two bedrooms with associated parking. Members will note that the development incorporates off street parking for both the newly proposed dwelling and parking for use by residents of the principle dwelling 23 Castle Street, Norham.

This proposal is considered to have merit given that it retains outbuildings within the conservation area and the ability of providing off street parking for the new dwelling as well as the dwelling at 23 Castle Street, Norham.

Consultation Summary

Norham Parish Council (Norham Parish Council have requested to address planning committee).

The parish Council has objected to the development on the following grounds:

- any parking in the laneway would restrict access to larger vehicles;

- the parking arrangement at the site is unsatisfactory in that on occasion the access would be blocked restricting access for residents of No 23 Castle Street to achieve access though the pend;

-concern relating to topography and resultant buildings restricting light to neighbouring properties;

- North Lane is a narrow country lane with a variety of outbuildings along the southern edge. The subject buildings would be best preserved to provide off street parking for the properties of Castle Street as opposed to new dwellings. - Conservation of these buildings is particularly important considering they are in within the grounds of a listed building and a conservation area;

-The residents of Norham would prefer affordable housing not holiday homes.

- Concerns about the cumulative impact of dwellings being approved in North Lane

County Highways Development Control

(Comments to be provided)

County Archaeology Department

No objections.

Natural England

No objections subject to conditions of consent.

Representation Summary

-reduction of daylight to surrounding properties;

-negative effect on outlook from adjoining properties;

-cumulative impact on development in North Lane with new dwellings and traffic increase.

Relevant Planning History

Please see attached planning history schedule.

Material Considerations

Principle and Precedent

Members are required to make a determination on a number of plots in the locality. It should be noted from the relevant planning history (above) that there is significant development pressure at these sites (along Castle Street) for the creation of new dwellings to the rear.

In general, it is the position of the Local Planning Authority that this form of development is not acceptable as it impacts on the layout of Burgage Plots in the area and incites undue pressure on North Lane by virtue of additional vehicle movements.

However it is considered that this scheme has merit for two reasons. Firstly, it results in the retention of quaint outbuildings which contribute significantly to the conservation area and setting of the listed building. It is noted that one of the two will be demolished and rebuilt, however the overall form, massing and footprint remains as it currently exists, with an increase to the height and an extension at the rear not highly visible from public vantage points. By allowing this conversion to proceed, the retention of these buildings for the future is ensured which is considered necessary given the quality of the buildings. Buildings with less conservation value would not be viewed in the same context.

Secondly, whilst 23 Castle Street may not be the only plot within the locality of greater than average width, the rear boundary is larger than average allowing sufficient access for vehicles whilst retaining significant buildings. It is noted that some other sites could achieve this access, however it is unlikely that this development would set an unwelcome precedent as there are limited sites within North Lane that accommodate outbuildings of this quality which warrant conversion to ensure their existence in the future.

It is noted that the scheme involves an increase to the building footprint, with a small contemporary extension to the southern side. The design in its own right is considered acceptable (see below). However this increase, on balance, is considered satisfactory given the afore mentioned merit of the application in relation to conservation.

Demolition

The demolition of the eastern outbuilding is proposed. This is deemed acceptable as a result of the scheme to rebuild the building on the same footprint, with similar massing and form. It is noted that the height will increase, however on balance this is deemed satisfactory given the gain in conserving the overall building presence in the lane. The development scheme retains original elements, such as the use of contrasting roof materials to each building and reinstates original openings. These elements are conditioned accordingly to ensure the successful implementation of a quality scheme.

Policy

Housing (PPS 3 and the RSS Sequential Test for Development) and Draft Core Strategy – Preferred Options

In considering the development of any new housing, the Local Planning Authority is required to make a judgement of the scheme based on policy requirements. Given this site is Brownfield, securely within the settlement envelope of Norham (a sustainable settlement), the site does not contradict the general requirements for residential development. General locality and conservation factors must also be taken into consideration.

At the present time, consultation on the Draft Strategy – Preferred Options is due to commence. As a result, the consideration of the general intent of policies is considered necessary. For Sustainable Rural Settlements such as Norham, the general intent of policies is:

Policy L7 – Change of Use of existing buildings to residential will be permitted where:

- The building is of permanent construction and of architectural or historic merit

- The applicant has demonstrated that it can not be developed for use that directly supports or generates employment

- Residential conversion will best secure the protection and enhancement of the building’s architectural and historic features

- The change of use does not involve significant extension or rebuilding, and

- The implementation of energy efficiency measures and/or on site renewable energy generation will result in the actual carbon dioxide emission rate for development being at least 10% below the target emission rate defined by Building Regulations.

The proposed development is considered to be consistent with this policy.

Members should note that principally Policy SSP 1, in conjunction with policies L3 and L5 encourage the provision of lifetime affordable homes within Norham by allocating a sustainable rural exception site at an edge of village location. This intends to ensure that the historical settlement pattern of Norham, specifically, the Burgage Plot formation is protected against incremental change. The emerging policy therefore intends to ensure that these large scale plots are not divided by new built forms, capable of residential accommodation, which would significantly alter the laneway and plot formation, as is intended by Policy SSP 4.

This document is in draft form and may experience change as a result. However, at this stage, it remains the position of the Local Planning Authority that the protection and enhancement of the Norham Conservation Area, specifically in relation to new build development is a priority.

Listed Buildings and Conservation Areas Human Heritage):

The relevant considerations are the following Local Plan Policies:

Policy F17

The Special Architectural or Historic Interest of Listed Buildings will be preserved.

Development or other works to a Listed Building will be permitted, provided that:

i) the essential architectural or historic elements of the building will not be altered or weakened;

ii) any previous alterations or extensions that have altered or weakened the architectural or historic interest of the building will be remedied, wherever reasonable, where the permitted works relate to those parts of the building;

iii) the works will respect the character, design, materials, colour and scale of the building; and,

iv) the works are required to safeguard the future use of the building which otherwise might fall into disuse and disrepair.

Full detailed drawings at an appropriate scale which clearly show all proposed works will be required to enable the application to be considered.

POLICY F18

There will be a presumption in favour of the preservation of Listed Buildings. The total or substantial demolition of a Listed Building of Special Architectural or Historic

Interest will only be permitted where there is clear and convincing evidence that:

i) all reasonable efforts have been made to sustain existing uses and find alternative viable uses including ownership under charitable or community uses and these efforts have failed; or

ii) redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition.

The partial demolition of a Listed Building or other structure within the curtilage of a Listed Building will be considered against Policy F17.

Policy F19

In considering proposed development affecting the setting of a building listed as of special architectural or historic interest, regard will be had to;

i) the compatibility with the existing and surrounding buildings or structures, in terms of their scale, density, proportion, height, mass, layout, materials of construction, architectural detailing, landscaping, means of enclosure, access, and skyline; and,

ii) the desirability of maintaining visibility of the listed building, particularly from public places.

The common theme in these policies is to maintain the integrity of the listed building, including its setting and curtilage structures. Whilst partial demolition is proposed, the overall conservation gain afforded by this sympathetic development scheme is considered favorable. As stated, the overall form, scale and massing will remain as it presently exists, with the small extension to the rear being a sympathetic addition which does not conflict spatially or visually with the listed structure. Conditions will be included to require the full re-use of materials at the site.

Sub Cl. iv of Policy F17 is fundamental to this application. Members should note the need to save these buildings which have particular character and charm. These buildings could easily fall into disrepair and degrade over time.

POLICY F20

The designation of new Conservation Areas, and their precise boundaries, at Beadnell, Chillingham, Doddington, Etal, Ford, Seahouses and Wooler, and the continuing designation of existing Conservation Areas and their boundaries, will be assessed during the lifetime of the Local Plan. New areas will be designated and existing

Conservation Areas maintained, where:

i) the topography, including thoroughfares and property boundaries, and the area's historical development;

ii) its archaeological significance and potential;

iii) the prevalent building materials;

iv) the character and hierarchy of spaces;

v) the quality and relationship of buildings, and of trees and other green features; and,

vi) the particular contribution of unlisted buildings to the special interest of the area; combine to form an area of special architectural or historic interest, the character or appearance of which it is considered desirable to preserve or enhance, and the

designation of which will uphold the status and maintain the value of Conservation

Area designations.

POLICY F21

Special attention will be paid to the desirability of preserving or enhancing the character or appearance of designated Conservation Areas and their settings. In considering proposals regard will be had to;

i) the compatibility with the existing buildings and spaces in terms of their, scale, form, density, height, mass, layout, materials of construction, architectural detailing particularly the rhythm and type of fenestration, landscaping, the intensity of use specifically the impact of traffic, means of enclosure and access; and,

ii) the desirability of maintaining views into or out of the Conservation Area.

Policy F22

Where the Council considers that the special architectural or historic interest of a Conservation Area is, or is likely to be, adversely affected by the exercise of 'permitted development' rights, these may, and where appropriate after consultation, be withdrawn by a Direction made under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995.

The conservation area considerations are noted. Two elements are fundamental to member consideration of any development in the locality. Firstly, the safeguarding of the plot layout and retention of the Burgage Plot formation. This development does not degrade this layout, with the rear building alignments of both dwelling and bothy protected, with the overall pattern of development upheld.

Secondly, the contribution of the buildings to the overall setting of the conservation area, with the principal view from North Lane, remains consistent with current presentation. As discussed, the overall character, the form, scale and massing is retained and the building’s presence in the laneway safeguarded by virtue of this development.

Design and Visual Appearance

Overall, the design of the scheme is considered favourable. The buildings are retained in their original form with the exception of an increase in height and roof pitch, reinstatement of openings, and some new openings. These works will alter the general appearance of the northern elevation, however careful use of materials will ensure significant impact is mitigated. New features are considered in keeping with the rural character of the existing building. The addition of a new built form is considered acceptable, in that it is a clear contemporary addition which is sympathetic in form to the principle listed building. Of high importance is the fact that, overall the proposed conversion remains subservient in overall form to the listed building.

This development scheme does not significantly alter the pattern of buildings in this section of North Lane. Whilst some additional fenestration is evident, the overall simple plan form and associated rectangular structure are evident in the immediate row of buildings.

Amenity Considerations

Concern has been raised regarding amenity considerations from adjoining properties, particularly with relation to outlook and solar access.

It is not considered that outlook from adjoining properties will be significantly altered. Overall, the form and massing remains as it presently exists. Whilst there is alteration to the fenestration, it is deemed satisfactory in this instance.

An assessment of solar access has been undertaken. Using the 250 minimum obstruction angle it is deemed that there will be no significant impact on the solar access of adjoining properties.

Technical (Parking)

At the time of writing the report, final comments from County Highways had not been received. These will be obtained prior to the committee meeting.

Conclusions

In summary, the proposed development is considered to warrant a recommendation of approval. The conservation value of the buildings is safeguarded for the future, without resulting in any undue density pressure or significant vehicle /parking impact. It is forwarded that the precedent of this development is unlikely to be repeated extensively across the locality as few sites accommodate buildings of this quality which could also satisfy technical off site parking considerations.

Application No.

07/B/0042

Listed Building Consent Application

Proposal

Conversion of garages to create 1 no dwelling

Location

23, Castle Street, Norham, Berwick-upon-tweed, TD152LQ

Applicant

Mr & Mrs D J Hogg

Recommendation

Approve subject to conditions

Reason for Approval

The Listed Building Consent Application complies with the relevant provisions of Local Plan 1999 and the relevant requirements of PPG 15.

Conditions

a) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

b) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

c) The works of demolition hereby permitted shall not be begun until documentary evidence is produced to show that contracts have been entered into by the developer to ensure that building work is commenced within a period of 6 months following commencement of demolition.

Reason: To prevent premature demolition in the interests of the character of the Conservation Area.

d) The buildings/structures to which this consent relates shall not be demolished until all details required by planning permission reference number07/B/0041dated TBA have been submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent premature demolition in the interests of the character of the Conservation Area.

e) All existing original features including staircases, balustrades, windows, doors, architraves, skirting boards, dado rails, picture rails, panel work, tiling, corbelled arches, cornices, plaster ceiling mouldings and other decorative features, shall be retained, except where otherwise agreed in writing and detailed drawings including 1:20 scale sample elevations and 1:1 moulding profile sections, together with sample lengths of the existing mouldings, of all new or replacement features, including all joinery, plaster and stucco work shall be submitted to and approved in writing by the Local Planning Authority before work commences.

Reason: To ensure satisfactory preservation of this Listed Building.

f) The rooflights indicated on the approved plans shall be of 'conservation' design and materials, and shall thereafter be so retained.

Reason: To safeguard the character of the building.

g) A sample of all materials to be used on all the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before development commences.

Reason: The materials to be used require further consideration to ensure the satisfactory appearance of the development.

h) The external surfaces of the building shall be retained as existing and where necessary repaired and/or renewed with salvaged materials, or those that are similar in age, colour and texture to the original, unless the prior written consent of the Local Planning Authority is obtained for any variation thereto.

Reason: To ensure that the proposed development does not have an adverse effect upon the appearance of the buildings.

This application is to be considered in conjunction with application for Planning Permission 07/B/0041 and Conservation Area Consent Application 07/B/0081. Please note the conditions for this application are different.

Application No.

07/B/0081

Conservation Area Consent

Proposal

Demolition of outbuilding

Location

23, Castle Street, Norham, Berwick-upon-tweed, TD152LQ

Applicant

Mr & Mrs D J Hogg

Recommendation

Approve subject to conditions

Reason for Approval

The development complies with the relevant sections of Local Plan 1999.

Conditions

a) The development hereby permitted shall be carried out within five years of the date of this consent.

Reason: To comply with the provision of Section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

b) The works of demolition hereby permitted shall not be begun until documentary evidence is produced to show that contracts have been entered into by the developer to ensure that building work is commenced within a period of 6 months following commencement of demolition.

Reason: To prevent premature demolition in the interests of the character of the Conservation Area.

c) The buildings/structures to which this consent relates shall not be demolished until all details required by planning permission reference number 07/B/0041 dated (TBA) have been submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent premature demolition in the interests of the character of the Conservation Area.

Informative(s)

a) The applicant is reminded that this permission does not convey approval for works affecting any third party rights which may exist on the land or any adjoining. The applicant is therefore advised to seek the approval of any parties having an interest in any land affected by this permission.

This application is to be considered in conjunction with application for Planning Permission 07/B/0041 and Listed Building Consent Application 07/B/0042. Please note the conditions for this application are different.

Application No.

07/B/0089

Full Planning Application

Proposal

Conversion of existing storeroom into 2 No. holiday flats

Location

M Houghton Investments, 21-23, Main Street, Seahouses, NE687RE

Applicant

Mr M Houghton

Recommendation

Approve subject to conditions

Reason for Approval

The proposed development satisfies the relevant requirements of Policy F2 and Policy R12 of the Berwick upon Tweed Borough Local Plan 1999.

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) The external surfaces of the development hereby permitted shall be completed in the materials shown on the plan hereby approved, and no other materials shall be used without the prior written consent of the Local Planning Authority.

Reason: To safeguard the visual amenities of the area.

d) Prior to the occupation of any part of the development, each residential unit, and common hallway serving 1 or more units, shall be fitted with a smoke detector alarm (to BS 5446 Part 1) in a location such as to ensure early warning of fire and thereafter retained.

Reason: To help ensure a safer environment for occupiers.

e) The rooflights indicated on the approved plans on the front roof plane shall be of 'conservation' design and materials, and shall thereafter be so retained.

f) The occupation of the building shall be restricted to genuine holidaymakers for individual periods not exceeding 4 weeks in total in any consecutive period of 13 weeks. A register of holidaymakers shall be kept and made available for inspection by an authorised officer of the Council at all reasonable times.

Reason: A permanent residential site in this location would conflict with the established planning policy for this rural area.

Informative(s)

a) The Proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information or any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk

b) The applicant is reminded that this permission does not convey approval for works affecting any third party rights which may exist on the land or any adjoining. The applicant is therefore advised to seek the approval of any parties having an interest in any land affected by this permission.

Background

An application for conversion of the existing storeroom at 21-23 Main Street, Seahouses was registered by the Local Planning Authority on the 21 March 2007.

There is no other relevant planning history for the site.

Site Description and Proposal

The site forms part of terraced buildings which have frontage to Main Street, Seahouses. At the ground level, commercial premises accommodate an amusement arcade and retail shops.

The existing building is currently a store room and is proposed for conversion to two, two-bedroom holiday flats. The proposal includes new windows to the rear elevation at first floor level and new roof lights to both front and rear roof plane.

Policy/PPGs/SPG/Parish Plans/DC Manuals

The following policies are relevant:

Policy F2 – Coastal Zone

Policy F23 – Conservation Areas

Policy R12 – Holiday Accommodation Coastal Zone

Consultation Summary

County Highways: No objections

Parish Council: Objection as follows:

‘Doubt whether amenities could cope. A drain had been blocked up. Tenants were asked to subscribe to cleaning or repairs. They felt no more building was needed.

It was felt that parking was inadequate. Staff from the amusement arcade parked in the spaces.’

Comment: As there is no objection from County Highways, parking provision is considered to be satisfactory. On site maintenance problems are not the remit of the local planning authority.

Representation Summary

There were no submissions received in respect of the subject development.

Officer observations:

The proposed development satisfies the relevant requirements of the Berwick upon Tweed Borough Local Plan 1999. It provides additional tourism accommodation in close proximity to facilities and services, whilst not impacting upon the conservation area in terms of built form and design.

Conditions of consent are included to restrict accommodation for use by tourists in line with the applicant’s aspirations for the site.

The overall internal design achieves a satisfactory level of internal amenity and provides acceptable holiday accommodation, broadening the variety of accommodation within the coastal zone. There are minimal external changes to the building and those changes which are proposed (windows to rear and roof lights) are deemed acceptable.

Conditions of consent are included to ensure that windows to the front elevation are conservation type roof lights to ensure minimal impact on the conservation area.

Conclusion:

The development is considered to satisfy the relevant requirements of the Berwick upon Tweed Borough Local Plan 1999 by providing additional tourism infrastructure within the coastal zone.

Application No.

07/B/0149

Amendment or Removal of Condition

Proposal

Variation of condition 13 of p.p ref 06/B/0754, to reduce non-occupancy period to one calender month (presently two months).

Location

Coach House Inn, The Haven, Beadnell, Chathill, NE675AW

Applicant

Turney Wylde Construction Ltd

Recommendation

Approve subject to conditions

Reason for Approval

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) The house unit(s) shall not be used for the purpose of human habitation between the 9th January and 9th February in the same year.

d) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or amendments or re-enactment or re-enactment thereof) no extension, enlargement; or other alteration of the dwelling shall be carried out without the prior written consent of the Council, to whom a planning application must be made.

Reason: The Local Planning Authority considers that the development hereby permitted is the maximum that can be reasonably allowed without causing detriment to the amenities of adjoining properties, and for this reason would wish to control any future proposals or alterations or extensions.

e) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent Order amending, revoking or re-enacting that Order), there shall be no further building, structure or enclosure placed on the site unless an application for planning permission in that behalf has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The Local Planning Authority considers that any further development would prejudice a satisfactory layout and would have a harmful effect upon the amenity of the area.

07/B/0149

Variation of Condition 13 of Planning Permission ref. 06/B/0754, to Reduce Non-Occupancy Period to One Calendar Month (Presently Two Months).

Coach House Inn, Beadnell.

Turney Wylde Construction Ltd.

07/B/0253

Proposed Removal of Condition 13 of Planning Permission ref. 04/B/0221.

The Haven, Beadnell.

Mr. D. Wylde.

07/B/0325

Proposed Removal of Condition 13 of Planning Permission ref. 06/B/0754.

The Haven, Beadnell.

Mr. D. Wylde.

Background

These three applications all relate to a complex of twelve, purpose built holiday homes in the middle of Beadnell, some of which are still under construction. Two of the applications seek the removal of standard conditions which restrict permanent occupancy of the twelve units; the third application is a “fall-back” and seeks to achieve consistency across the restriction, should the Committee refuse to remove the conditions.

Site Description

The Haven and the former Coach House Inn are located in the centre of Beadnell and lie between Beadnell Hall, a Grade II Listed Building and Beadnell House, which is currently being converted into apartments. The Coach House has been demolished and replaced with five of the purpose built units. To the north and east of the site is a static caravan park, which is identified in the Berwick-upon-Tweed Borough Local Plan for residential development.

Proposals

The current consents have restrictive occupancy conditions to ensure that the twelve units are occupied as holiday homes. Seven units are restricted from occupation during January of each year; five units are restricted between 9th January and 9th March annually. The applicant seeks the removal of these restrictions or a consistent restriction of one calendar month.

Policy Background

Policies R9 and R12 of the Berwick-upon-Tweed Borough Local Plan permit the development of purpose built holiday accommodation in the Coastal Zone, subject to the development satisfying a number of criteria. The committee has clearly been satisfied that the development fulfils those criteria.

Beadnell is also identified in the local plan as a settlement where new housing will be permitted (Policy S3).

Consultation Outcomes

Beadnell Parish Council “strongly object” to changing the condition. It should be noted however that the Parish Council appeared to express some concern over the original proposals relating to the provision of holiday accommodation.

Representations

07/B/0253

Julie Hummer of Ward Haddaway Solicitors – Verbal Representations

07/B/0325

Julie Hummer of Ward Haddaway Solicitors – Verbal Representations

Applicant’s Supporting Information

The applicant’s agent has submitted a comparatively detailed analysis of current national planning policies relevant to the application, together with a discussion of pertinent local plan policies.

In terms of national planning objectives and policies it is contended that the permanent occupation of the properties will extend housing choice in a sustainable community, and contribute to the sustainability of local services; the site is previously developed land.

It is also argued that the site meets the windfall criteria set out in Policy S9.

Issues

The development comprises two terraces of five and seven, two bedroomed units that have been designed to a standard which is broadly commensurate with purpose built housing. The site layout is compact with areas of shared open space and one car parking space per unit. The principal issue relates to the suitability of the overall development for permanent occupation.

Planning Officer’s Observations

The issue of high levels of second and holiday home ownership in Beadnell has been discussed extensively in recent years; the village has over 50% of its housing stock in holiday use. The continuing drift of property into such use impacts on the local housing market, reducing the availability of housing accommodation within the parish both for local people and those with connections to the community who wish to return. It also impacts on the viability and sustainability of local services and employment opportunities. The provision of additional market housing may therefore be welcomed per se; however the Committee are reminded that varying the conditions will not prevent the accommodation being used for holiday use in the future.

The Committee will also note the Parish Council’s objections although the nature of the “wrongness” of changing the condition is not defined. Future developments will be determined on their own merits and according to their particular characteristics.

The density of development within the site (around 60 units per hectare) exceeds the upper limit of the government’s advice conveyed in Planning Policy Statement 3 Housing (between 30 and 50 units per hectare); the development therefore represents the efficient use of a brownfield site. As noted above the standard of design and layout is reasonable enough to provide modest terraced units in the centre of the village.

There is no planning reason why the “fall back” application 07/B/0149, to achieve consistency between the permissions cannot be supported; the applicant is of course entitled to exercise the right to implement the existing permissions.

Recommendation

After duly considering the application in the context of the Town and Country Planning Act 1990, and the relevant provisions of the adopted Berwick-Upon-Tweed Local Plan 1999, it is recommended that applications 07/B/0149, 07/B/0253 and 07/B/0325 be supported subject to the approved plans and attached conditions.

Application No.

07/B/0253

Amendment or Removal of Condition

Proposal

Proposed removal of condition 13 of pp ref: 04/B/0221

Location

The Haven, Beadnell, Chathill, NE675AW

Applicant

Mr D Wylde

Recommendation

Approve subject to conditions

Reason for Approval

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or amendments or re-enactment or re-enactment thereof) no extension, enlargement; or other alteration of the dwelling shall be carried out without the prior written consent of the Council, to whom a planning application must be made.

Reason: The Local Planning Authority considers that the development hereby permitted is the maximum that can be reasonably allowed without causing detriment to the amenities of adjoining properties, and for this reason would wish to control any future proposals or alterations or extensions.

d) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent Order amending, revoking or re-enacting that Order), there shall be no further building, structure or enclosure placed on the site unless an application for planning permission in that behalf has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The Local Planning Authority considers that any further development would prejudice a satisfactory layout and would have a harmful effect upon the amenity of the area.

The report for application 07/B/0253 is included within the report featured on application 07/B/0149.

Application No.

07/B/0325

Amendment or Removal of Condition

Proposal

Proposed removal of condition 13 of pp ref: 06/B/0754

Location

The Haven, Beadnell, Chathill, NE675AW

Applicant

Mr. D Wylde

Recommendation

Approve removal of condition

Reason for Approval

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or amendments or re-enactment or re-enactment thereof) no extension, enlargement; or other alteration of the dwelling shall be carried out without the prior written consent of the Council, to whom a planning application must be made.

Reason: The Local Planning Authority considers that the development hereby permitted is the maximum that can be reasonably allowed without causing detriment to the amenities of adjoining properties, and for this reason would wish to control any future proposals or alterations or extensions.

d) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent Order amending, revoking or re-enacting that Order), there shall be no further building, structure or enclosure placed on the site unless an application for planning permission in that behalf has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The Local Planning Authority considers that any further development would prejudice a satisfactory layout and would have a harmful effect upon the amenity of the area.

The report for application 07/B/0325 is included within the report featured on application 07/B/0149.

Application No.

07/B/0382

Full Planning Application

Proposal

Retention of portacabin

Location

North Sunderland & Seahouses, Sport & Community Centre, Stone Close, Seahouses, Northumberland

Applicant

NSSDT

Recommendation

Approve subject to conditions

Conditions

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The building hereby permitted shall be removed, and the land restored to its former condition, on or before five years from the date of approval on the decision notice unless an extension of planning permission is obtained.
Reason: The portakabin is building constructed to a standard intended for a limited limited life expectancy and of materials which are likely to deteriorate to the detriment of the external appearance of the building which would then have an adverse effect upon the visual amenity of the area.

Site and Application Description

The portakabin is situated alongside the tennis courts, which are part of the North Sunderland and Seahouses Sports and Community Centre, and is a rectangular timber building with a shallow pitched roof with vertical external timber paneling painted dark green, and with window frames painted white. It is mounted on a blockwork pillars and is now in need of some repair and refurbishment. It was until recently used as a children’s pre school nursery. To the south of the portakabin is grassed open space, and to the north east, are the rear gardens of four of the houses in Staple Court, the nearest garden being some 26 metres away.

It is intended to use the portakabin as a youth centre at times during the day, during weekday evenings and at weekends, with similar opening hours to those of the Sports and Community Centre. The applicants maintain that there is nowhere in Seahouses specifically for young people between the ages of 13 and 21 where they can meet in a safe environment with a suitable access where the organization is centred on support, guidance and additional learning. The portakabin would allow the Seahouses Youth Project staff to provide what is a much needed service.

Planning History

None

Policies

Policy C17

Berwick-Upon-Tweed Borough Local plan Adopted 1999:-

The extension, alteration or improvement of existing Village, Parish and Church Halls and Community Centres, or the development of new facilities will be permitted provided that:

1) it will not adversely affect the amenity of adjoining uses, land or the environment; and,

2) it accords with Policies elsewhere in the Plan.

Consultation responses

North Sunderland Parish Council - no objections

Representations

1. Mr & Mrs D Gilbert - 3 Staple Court

2. Mr & Mrs L Baldwin - 2 Staple Court

The neighbours are concerned at the prospect of living so close to a youth club. Their main areas of concern are at the prospect of being disturbed by noise in the evenings and late at night, and having to put up with bad language and bad behaviour and litter being created. They maintain that there are other places for youth of the town, in particular the resource centre in Seahouses, and the drop-in centre.

Main Issues

Whether a use of the type proposed is likely to adversely affect the amenity of adjoining uses in particular the residential environment.

Assessment of the application

The portakabin is situated within an area of established recreational and community use which includes a community centre building and a bowling club, with tennis courts contained by grassed open space. The area is on the edge of the town. Four houses from the housing development to the north east looking towards the portakabin with respective distances from rear garden boundaries being from some 26 to 45 metres would be the ones mosted affected. The ground rises somewhat from the portakabin up to the houses so that that the occupants of the houses will tend to overlook the portakabin and tennis courts rather than vice versa.

The concerns raised by the neighbours were forwarded to the Trust manager who has replied in detail to the points made. The Trust see the portakabin purely as an interim measure until the Community Centre is re developed

when it is expected that the youth centre will be accommodated within the new building. The existing building is already in use five evenings a week and there is currently no space available for a youth club. The Trust maintain that young people will be supervised and that bad language and bad behaviour will not be tolerated. They are unaware of their ever having been a litter problem in relation to their youth ventures.

It is considered that the youth club is an important provision required to meet a local need and that the location is an appropriate one in planning land use terms. Should any antisocial behavior arise it is believed that it will be dealt with appropriately by the Trust Management. With proper management of the project it is maintained that there should not be an unreasonable loss of amenity to neighbouring householders. The application is supported.

Recommendation

Approve subject to conditions

The proposal is in accord with the adopted local plan policy C17

Application No.

07/B/0089

Full Planning Application

Proposal

Conversion of existing storeroom into 2 No. holiday flats

Location

M Houghton Investments, 21-23, Main Street, Seahouses, NE687RE

Applicant

Mr M Houghton

Recommendation

Approve subject to conditions

Reason for Approval

The proposed development satisfies the relevant requirements of Policy F2 and Policy R12 of the Berwick upon Tweed Borough Local Plan 1999.

Conditons

a) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.

b) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans and specifications approved by the Local Planning Authority.

Reason: To ensure that the development is carried out in accordance with the approved details.

c) The external surfaces of the development hereby permitted shall be completed in the materials shown on the plan hereby approved, and no other materials shall be used without the prior written consent of the Local Planning Authority.

Reason: To safeguard the visual amenities of the area.

d) Prior to the occupation of any part of the development, each residential unit, and common hallway serving 1 or more units, shall be fitted with a smoke detector alarm (to BS 5446 Part 1) in a location such as to ensure early warning of fire and thereafter retained.

Reason: To help ensure a safer environment for occupiers.

e) The rooflights indicated on the approved plans on the front roof plane shall be of 'conservation' design and materials, and shall thereafter be so retained.

f) The occupation of the building shall be restricted to genuine holidaymakers for individual periods not exceeding 4 weeks in total in any consecutive period of 13 weeks. A register of holidaymakers shall be kept and made available for inspection by an authorised officer of the Council at all reasonable times.

Reason: A permanent residential site in this location would conflict with the established planning policy for this rural area.

Informative(s)

a) The Proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information or any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk

b) The applicant is reminded that this permission does not convey approval for works affecting any third party rights which may exist on the land or any adjoining. The applicant is therefore advised to seek the approval of any parties having an interest in any land affected by this permission.

Background

An application for conversion of the existing storeroom at 21-23 Main Street, Seahouses was registered by the Local Planning Authority on the 21 March 2007.

There is no other relevant planning history for the site.

Site Description and Proposal

The site forms part of terraced buildings which have frontage to Main Street, Seahouses. At the ground level, commercial premises accommodate an amusement arcade and retail shops.

The existing building is currently a store room and is proposed for conversion to two, two-bedroom holiday flats. The proposal includes new windows to the rear elevation at first floor level and new roof lights to both front and rear roof plane.

Policy/PPGs/SPG/Parish Plans/DC Manuals

The following policies are relevant:

Policy F2 – Coastal Zone

Policy F23 – Conservation Areas

Policy R12 – Holiday Accommodation Coastal Zone

Consultation Summary

County Highways: No objections

Parish Council: Objection as follows:

‘Doubt whether amenities could cope. A drain had been blocked up. Tenants were asked to subscribe to cleaning or repairs. They felt no more building was needed.

It was felt that parking was inadequate. Staff from the amusement arcade parked in the spaces.’

Comment: As there is no objection from County Highways, parking provision is considered to be satisfactory. On site maintenance problems are not the remit of the local planning authority.

Representation Summary

There were no submissions received in respect of the subject development.

Officer observations:

The proposed development satisfies the relevant requirements of the Berwick upon Tweed Borough Local Plan 1999. It provides additional tourism accommodation in close proximity to facilities and services, whilst not impacting upon the conservation area in terms of built form and design.

Conditions of consent are included to restrict accommodation for use by tourists in line with the applicant’s aspirations for the site.

The overall internal design achieves a satisfactory level of internal amenity and provides acceptable holiday accommodation, broadening the variety of accommodation within the coastal zone. There are minimal external changes to the building and those changes which are proposed (windows to rear and roof lights) are deemed acceptable.

Conditions of consent are included to ensure that windows to the front elevation are conservation type roof lights to ensure minimal impact on the conservation area.

Conclusion:

The development is considered to satisfy the relevant requirements of the Berwick upon Tweed Borough Local Plan 1999 by providing additional tourism infrastructure within the coastal zone.

Application Number

07/B/0512

Description

Replacement of two missing hangers and one fractured hanger

Location

The Union Chain Bridge, Berwick-upon-Tweed

Expiry Date

07-Aug-2007

Recommendation

 

REPORT TO FOLLOW

 

 

 

 

 
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