YORKSHIRE DALES NATIONAL PARK AUTHORITY

Transcription

1 YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 7(B) Committee: PLANNING Date: 9 February 2016 Report: NON-COMPLIANCE WITH PLANNING PERMISSION C/65/601A IN RESPECT OF A BARN CONVERSION AND RAISING OF ROOF LEVELS (CASE REFERENCE: EC/65/22), AT CROSSROADS BARN, STIRTON Purpose of the report 1. To advise Members of the current situation and to seek authorisation for formal enforcement action to secure the reduction in roof height to comply with planning permission C/65/601A at Crossroads Barn, Stirton. Strategic Planning Framework 2. The information and recommendation(s) contained in this report are consistent with the National Planning Policy Framework, the Authority s statutory purposes and its approved strategic planning framework: Yorkshire Dales Local Plan 2006 (Saved Policies) Policy GP1 (06) National Park Purposes Policy GP2 (06) General Design Policy Policy B14 (06) Extensions and Alterations to Buildings Policy B15 (06) - Conversion of Traditional Buildings Policy B17 (06) - Changing land to domestic use Policy TA12 (06) Access from the Highway Yorkshire Dales National Park, Housing Development Plan Policy HDP3 Change of use of non residential buildings to housing 3. The National Planning Policy Framework 2012 (NPPF) at paragraph 131 states that; in determining planning applications, local planning authorities should take account of: the desirability of sustaining and enhancing the significance of heritage assets and putting them to a viable uses consistent with their conservation; the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and the desirability of new development making a positive contribution to local character and distinctiveness. 4. At paragraph 207 the NPPF also states that: Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.

2 Relevant Planning History 5. YD5/65/601 - full planning permission for the conversion of the redundant agricultural building to one dwelling and installation of a septic tank. This was refused in July 1992 and an appeal dismissed. C/65/601A - full planning permission for the conversion and extension of the barn to form one dwelling for local occupancy and creation of residential curtilage. This was approved on the 22 nd October C/65/601B Application for full planning permission for the erection of a detached garage and store. This was refused on the 13 th May 2014 and allowed on appeal. Background 6. Crossroads Barn is a large prominent barn positioned at the cross roads of Bog Lane, Sour Lane and Stirton Lane in the centre of Stirton village. Opposite the site is Cock Hill, a detached dwelling. A newly converted barn lies at the opposite side of the cross-roads. Stirton Lane and Bog Lane form the National Park Boundary. A culverted beck runs under the eastern side of the site. 7. Planning permission (ref. C/65/601A) was approved in 2013 for a barn conversion with a lean-to extension for use as a residential dwelling. The initial proposal was to increase the height of the eaves on the northern elevation by approximately 0.7m. It was considered that this increase in height would have a significant and harmful impact on the form and character of the traditional building. This proposed alteration would also conflict with policy B15 which only permits conversion where the building is large enough to accommodate the uses proposed without the need for alterations to the roofline. The application was amended and approved on the basis that no alterations were made to the roofline or height of the building. 8. To ensure that the character of the traditional building was maintained, particular attention was given to the fenestration details and to ensure the sensitive treatment of the three publicly visible elevations of the barn; in particular restricting the number of new openings on these three elevations. This has resulted in the western elevation which is not publicly visible having the majority of alterations in order to provide natural light and means of escape. 9. Permitted development rights have been removed, under the Town and Country Planning (General Permitted Development) order This restriction was put in place to protect the visual and neighbouring amenity of the site. This prevents any ancillary development to the building or within its curtilage without first obtaining planning permission. This includes any renewable energy installations, walls, any means of enclosure, structures, surfacing, and new window openings etc. 10. Condition 5 attached to this planning permission restricted any demolition or rebuilding except for strictly what was indicated within the building survey. This survey states that the walls are in reasonable condition other than that of the southwest corner which requires re-building. The survey also relates to the reroofing of the roof with the original roof slates and replacements to match the existing. 11. This Enforcement Case was opened in December 2013 following concerns that works had commenced without having firstly submitted the details required by the conditions attached to the planning permission (ref C/65/601A); including ground works and

3 works to the access; roof lights, pointing, tree protection, window frames, external lighting, the bin store, surfacing and a scheme for recording archaeological deposits. Some of these were pre-commencement conditions which should have been discharged prior to any works starting. An application to discharge the planning conditions in relation to planning permission C/65/601A was subsequently submitted to the Authority. Since this date the majority of planning conditions have been discharged with the exception of condition 21 in relation to the pointing. 12. Officers have visited the site to monitor the works on several occasions and throughout this time have found several discrepancies including the following; Level changes and enlargement of the site 13. There has been a change in levels at the site, and the significant enlargement of the site with a raised terrace retained by a drystone wall. The curtilage had been significantly increased beyond the western boundary by approximately 15 metres and on the southern boundary by approximately 2 metres. As part of the works to create the unauthorised terrace garden extension spoil was dumped beneath a mature Ash Tree on the boundary of the site. This tree was subject to a condition to ensure its protection for the duration of the conversion works; this condition was not been adhered to. Boundary walls and access 14. The boundary wall and layout of the access had not been constructed as approved,. The owner is intending to submit an application to amend the layout of the access and parking area but no application has been received at the time of writing this report. The raised terrace and change in levels as well as the extension to the curtilage require planning permission. Also sited at the south west of the barn is an air source heat pump and gate piers which are also unauthorised requiring planning permission. Lighting 15. A number of large high level security lights have been installed at eaves level on the building; in addition to the approved low level lighting. These were considered to have a harmful impact on the character on the barn and are excessive. It is understood that these lights have now been removed. Non-compliance with approved plans 16. During the summer of 2014 scaffolding was erected and the entire building was shrouded by a tent like structure. The owners verbally commented that this was to ensure that works were not delayed due to inclement weather conditions. Officers visited the site during this time with the intention of being able to discharge any remaining conditions and to ensure the development was carried out as approved. As the building was mostly hidden from view, any works could not be seen. The tent was removed and the building exposed in late On inspection of the building it was evident that the height of had been increased. The first floor window of the east elevation was sited in a different position to that approved and was placed across the quoins of the original building and into the off shut. The quoins have been removed completely above this window. The ground floor window on the eastern elevation has also been lowered in height. A window on the less publicly visible western elevation had also been changed in position.

4 The raising of the roof 18. On the 27 th October 2015, the external dimensions of the building were measured. This revealed with a degree of certainty that the roof had been raised by approximately 0.6 of a metre at eaves and by approximately 0.3 of a metre at the ridge on the eastern gable elevation. All other elevations were measured and all appeared to have been increased in height by up to approximately 0.9 metres on the northern elevation. Although the ground levels at the site have been altered the new raising roof levels is made clear when viewing photographs of the site for before and after the development. These show a significant and obvious increase in the courses of the stone work having a harmful affect on the original form and character of the building. These works are also considered to far exceed the works specified within the approved building survey and is therefore not authorised by the permission. 19. The owner has verbally commented that the roof has not been raised and this has been confirmed again by by their agent. The agent states that The eaves of the barn have not been raised. The roof slate at the junction becomes shallower to effectively discharge rainwater from the roof to the attached gutter. He also adds that the external ground level has been altered to that of the internal floor level of the original barn. The course of stone behind the gutter (north elevation) replaced the loose walling in this location but the height of the eaves has not increased. This is clearly not the case and in essence the height appears to have been raised to reflect the increase in height first applied for (and negotiated out of the original scheme). These works were also carried out under the cover of the large tent, concealed from public view and without any consent from the Authority. The Window positioning 20. The window opening on the first floor (serving bedroom 2) on the eastern gable elevation has been re positioned directly in the position of the quoin stones of the original building and into the off shut. The quoins stones on the upper level have been removed. This work has a damaging impact on the character and appearance of the barn through the loss of these quoins and distorts the line between the original building and it s off shut. Quoins are important features of dales barns, these are the masonry blocks at the corner of the walls which provide strength to the vulnerable corner of the wall. They show the permanence and strength of the barn. The loss of the quoins and the crossing of the join with a new window undermines the robust character of the building resulting in a bizarre feature on this highly prominent elevation of the building. Further work has also been carried out to lower the original ground floor window (serving the cloakroom). The window on the first floor of the western gable elevation (serving bedroom 3) has also been re-positioned into the off shut. 21. The agent has commented that the internal room layout and internal finished floor levels has governed the positions of the windows. He also added that the first floor windows are intended as a means of escape. In accordance with the approved layout it would appear that the approved window openings would have adequately served each room. It is therefore considered that it is likely that the increase in the roof height and possible change in floor level has resulted in the first floor layout differing to the approved layout and perhaps being larger by extending the usable floor space further into the off shut. An accurate plan has been requested to reflect the current internal layout of the building.

5 Conclusion 22. Although planning permission has been granted for the conversion of this barn to a residential dwelling with a lean-to extension, this development has not been carried out in accordance with the approved plans. The cumulative impact of the unauthorised works, particularly the increased roof height and the position of the window in the eastern elevation, are considered to have a significant and harmful impact on the character and appearance of this traditional barn. These works are considered to be contrary to policies GP1 (National Park Purposes); policy GP2 (General Design Policy); policy B14 (Extensions and Alterations to Buildings); policy B15 (Conversion of Traditional Buildings); policy TA12 (Access from the Highway) contained within the Yorkshire Dales Local plan 2006 and policy HDP3 (change of use of non-residential buildings to housing). Also of relevance are paragraphs 131 and 207 of the National Planning Policy Framework (NPPF). 23. The Ground source heat pump is located in a discreet location abutting the wall at the west of the building and is considered to be acceptable in principle and it is considered inexpedient to take enforcement action in respect of this aspect of the unauthorised development. The change of use of land to create the additional curtilage is capable of being acceptable due to its positioning to the north and west of the building. However the change of use to domestic curtilage and the boundary treatment and levels would need to be controlled through the submission of a planning application and appropriate conditions being imposed. Without such an application being received it is considered enforcement action is appropriate. 24. For the reasons above it is considered necessary to taken action against the unauthorised works to raise the height of the roof and the re arrangement of the window openings, the change of use of land to residential curtilage, the change in levels, and alterations to the access and gate piers. RECOMMENDATION 23 That the Authority s Solicitor be authorised to serve an Enforcement Notice to secure: a) The lowering of the roof and walls to the original height; b) The re-positioning the windows to the position as approved, c) the cessation of use of agricultural land as residential garden, d) The levels are restored to their previous levels e) The access and parking area be completed as approved in C/65/601A, f) Removal of the gate piers from the land, g) A compliance period of 6 months be allowed 24. That in the event of non-compliance with the requirements of the enforcement notice, the Authority s solicitor be authorised to commence prosecution. Nicola Dinsdale Enforcement Officer 22 nd January 2016