North York Moors National Park Authority. Director of Planning s Recommendation

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1 19 September 2013 List Number 3 North York Moors National Park Authority Ryedale District Parish: Helmsley App Num. NYM/2013/0516/FL Proposal: Location: Applicant: Installation of replacement garage door 2 Vicarage Farm, Bondgate, Helmsley Mrs P Buckley, 2 Vicarage Farm, Bondgate, Helmsley, YO62 5ET Date for Decision: 27 September 2013 Grid Ref: SE Approval subject to the following conditions: Director of Planning s Recommendation 1. TIME00 The development and associated mitigation measures (if any) shall be completed within three months of the date of this permission. 2. PLAN02 Strict Accordance With the Plans/Specifications or Minor Variations 3. MATS00 The strap hinges and handle shall be removed from the original timber doors and installed in the same positions on the approved up and over garage door and retained in that condition in perpetuity. Reasons for Conditions 1. To ensure that the unacceptable impacts of the existing development are adequately addressed within an appropriate time frame and to allow the development to be retained in an environmentally acceptable condition and to accord with NYM Core Policy A. 2. For the avoidance of doubt and to ensure that the details of the development comply with the provisions of NYM Core Policy A and NYM Development Policy 3, which seek to conserve and enhance the special qualities of the NYM National Park. 3. For the avoidance of doubt and in order to comply with the provisions of NYM Core Policy A and NYM Development Policy 3 which seek to ensure that the appearance of the development is compatible with the character of the locality and that the special qualities of the National Park are safeguarded. Parish - No objection. Consultations Advertisement Expiry Date - 4 September Others - Vicarage Farm Management Limited, representing its shareholders Mrs B Flowers, Mr S Wright, Mr C Childerstone and Mrs S Forster of 1, 3, 4 and 5 Vicarage Farm - Object for the following reasons: The applicant did not approach the Management Company for prior approval to alter the existing building. There is a stipulation that garage doors are to be kept in style of original and any replacements to be made in accordance with the original materials. The architectural cohesion has to be maintained with each house being part of the whole, i.e. Vicarage Farm has an architectural integrity, which has to be upheld by the residents and Management Company.

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3 Page 2 List Number 3 Others (continued) The applicant took it upon herself to install an up and over door. The Planning Officer who attended on the day of installation immediately put a restrained order on the door, following which the timber doors were replaced, and have since been removed and the up and over door installed against the Enforcement Officer, with the proviso that she may be forced to remove it. The aluminium door does not comply with the architectural integrity of the garage block, hence it no longer gives the stack yard look that Vicarage Farm once was. The site lines of the garage doors have been compromised, and are now set 11.5 inches further back into the garage. Breeze blocks have been left exposed to the head and jambs. The stone fascia to the stack yard has now been compromised, together with installation having been exposed to the head. The hand-made high quality wooden doors initially are giving good service and are not in disrepair to necessitate removal and replacement. The doors are easy to open/close and provide an overall look associated with a farm yard/farm conversion. Background Vicarage Farm is located off Bondgate and to the immediate east of the National Park Offices within the Helmsley Conservation Area. The development comprises the original stone under pantile roof dwelling which has now been substantially extended and subdivided to form two dwellings and a further three dwellings were constructed to the rear along with a block of five new build garages to create a mews type development. This development was granted planning permission in 2004 and subsequently developed. Condition five took away permitted development rights for alterations to the dwellings and outbuildings. Since 2008 there has also been in place an Article 4(1) (all elevations) Direction restricting permitted development rights to dwellings but it does not cover changes to outbuildings. Since the scheme was completed various small scale applications for the various properties have been submitted for rooflights, dormer window, bike shed and more recently a one and half storey side extension with additional car parking space. The Authority received a complaint that work to replace the timber garage doors was about to commence at the garage unit belonging to 2 Vicarage Farm in breach of the original conditions. The garage unit is the first in the block from the access road. During the immediate site inspection it was found that only the timber doors had been removed. After discussions with the owner and installer both were advised that planning permission was required and all works would be at their own risk. The owner agreed to halt the works and submit a planning application. However, subsequently the doors were replaced at the owners request although as soon as the up and over garage door was installed works halted. The up and over garage door remains in situ although some tidying of the stone work and finishing panels to cover the block work are yet to be installed to provide the final finish. The planning permission now sought for the replacement of two vertically boarded timber strap hinged sideways opening doors with a white pressed steel door up and over that simulates vertical boarding. The applicant has advised the Authority that the timber garage doors have been damaged in the past due to mischief and that the security that the up and over garage doors will provide and ease in which the doors can be opened would benefit her as she gets older and also improve her feeling of safety when opening the doors and accessing her vehicle. Furthermore, as the door goes up into the garage, it will not cause any obstruction and is likely to be hidden from view.

4 Page 3 List Number 3 Policy Context Main Issues The relevant policies of the NYM Local Development Framework are Core Policy G and Development Policy 4. Core Policy G seeks to ensure that the landscape, historic assets and cultural heritage of the National Park are conserved and enhanced, with particular protection being given to those elements which contribute to the character and setting of Conservation Areas. Development Policy 3 seeks to ensure that the development is designed such that it is of a high standard that maintains or enhances the distinctive character of the National Park. Contributing factors include the preservation or enhancement of views into and out of the site; features that contribute to the environment and will not adversely affect the amenities of adjoin occupiers; and the taking into account the safety, security and access needs for all potential users. Development Policy 4 seeks to ensure that development within a Conservation Area preserves or enhances the character and appearance of the area and that the scale, proportions, design and materials respect the existing architectural and historic context with particular reference to traditional buildings, street patterns, the relationship between buildings and spaces and views into and out of the area. The garage is separated from the curtilage of the dwellinghouse and therefore planning permission is required for the proposed change. The conditions on the 2004 planning permission relate to permitted development and therefore are irrelevant in this matter. Furthermore, any stipulations made by way of legal agreements outside of the planning legislation are also considered irrelevant in this case. Therefore, the main issues in this matter are the harm caused by the development to the character and appearance of the Helmsley Conservation Area and whether there is harm to the residential amenity of the adjoining neighbours. Impact on the Conservation Area The side elevation of the garage block can be seen from the Conservation Area along with any garage doors when opened or remaining open. The proposed up and over garage door when closed will not be seen from the Conservation Area and when opened, due to the set back from the front elevation, a small element of the door bottom will project beyond this elevation. Due to the thickness of the garage door being approximately 50mm it is likely to be visible from the Conservation Area under certain natural lighting conditions but will generally blend with the surroundings. Therefore it is considered that the proposed development would not harm the character and appearance of the Helmsley Conservation Area. Impact on the Residential Amenity of Adjoining Neighbours In this case no residential property adjoins the garage block. However, numbers 3 to 5 Vicarage Farm are adjacent to the garage subject to this application. The front door and living room window of number 3 directly face onto this garage unit. It is considered that the proposed garage door will not have a significant detrimental impact upon the amenities of the adjacent neighbours to warrant refusal of the application. The garage door elevation will differ slightly in that the door will have a deeper reveal however, the general appearance will be similar to the other garage units in the block. Given that the area in front of the garage block is for pedestrian and vehicle access and egress to the properties, it is unlikely that the garage appearance will cause undue harm.

5 Page 4 List Number 3 Impact on the Residential Amenity of Adjoining Neighbours (continued) However, in order to improve the appearance and cohesiveness of the proposed style of garage door a condition requiring the installation of the strap hinges and handle has been imposed. In view of the above, the proposed up and over garage door is recommended for approval. Explanation of how the Authority has Worked Positively with the Applicant The Authority s Officers have appraised the scheme against the Development Plan and other material considerations and confirmed to the applicant that the development is likely to improve the economic, social and environmental conditions of the area.