CA/15/01209/FUL. Canterbury City Council Military Road Canterbury Kent CT1 1YW. Crown copyright and database rights 2015 Ordnance Survey

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1 Scale 1:1,250 Map Dated: 02/10/2015 CA/15/01209/FUL Crown copyright and database rights 2015 Ordnance Survey Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 15 PLANNING COMMITTEE 13 October 2015 APPLICATION NUMBER : CA//15/01209/FUL PROPOSAL : Proposed conversion of sub-divided units in The Old Cottage into one dwelling. Erection of rear and side extensions along with alterations to existing building, erection of glass link between building and outbuilding and replacement barn to form dwelling. LOCATION OF SITE : The Hoath Farm, Bekesbourne Lane, Canterbury APPLICATION TYPE : FULL APPLICATION DATE REGISTERED : 05 June 2015 GOVERNMENT PERFORMANCE TARGET DATE : 31 July 2015 CONTACT OFFICER : Bernard Haasbroek CONSERVATION AREA : NO LISTED BUILDING : GRADE 2 WARD : Barton APPLICANT : Mr & Mrs Oates AGENT : OS.10 Architectural & Planning Consultants SUMMARY: The application is a revised proposal for planning permission CA/13/00666/FUL and seeks to regularise the conversion of the barn to a self-contained residential unit by effectively relocating one of the residential cottages also located on the application site to a replacement barn. This proposal also entails regularising various aspects that were not constructed strictly in accordance with the approved plans including the height and form of the replacement barn along with additional fenestration to it, a two metre high garden wall and various changes to the access and parking layout as well as landscaping and boundary treatment to accommodate the proposed conversion of the barn into a separate dwelling. The application is reported to the Planning Committee as the applicant is related to a staff member of Canterbury City Council. DRAWINGS: 5))/Results.aspx RECOMMENDATION: Grant; Subject to conditions set out at the end of this report.

3 DESCRIPTION OF SITE & SURROUNDINGS 1. The application site fronts onto the access road to the Hoath Farm complex immediately to the north. The complex comprises a number of former farm buildings and barns (of which the manor house and three barns are listed). All these structures have now been converted to residential dwellings. To the east of the subject site are further ex-agricultural buildings of lesser substance all in the applicant s ownership and in different stages of being redeveloped. To the south there is a row of semi-detached cottages fronting onto Bekesbourne Lane which runs along the western edge of the application site and beyond this is open countryside. 2. The application site has substantial screening along its western and southern boundary by way of high hedges and other vegetation. Some views to the open countryside exist along the south eastern corner of the site while the eastern and northern edges are screened by the buildings of Hoath farm. 3. At the time of the site visit in June 2015 most of works allowed by planning permission CA/13/00666/FUL had been implemented and the application site had two main structures on it: a) The brick built former cottage building (Grade II Listed) which was extensively renovated and extended with glass link to incorporate a smaller outbuilding in accordance with the planning permission. b) The replacement barn building immediately east of the cottage building, this barn style building with brick plinth, weatherboarding and tiled hip roof has been constructed largely along the lines of planning permission CA/13/00666/FUL though the eves and roof pitch appeared to be substantially higher and openings for five large rooflights were left in the southern roof slope. The site layout also defined the two buildings as separate units with a gravelled drive and parking area laid out for the former cottage building as well as a recently planted hedge demarcating a boundary between the gardens of the two proposed dwellings. PROPOSED DEVELOPMENT 4. For the purposes of defining the proposal, all development of the buildings from its original form, prior to the erection of the replacement barn and conversion of the two cottages as per planning permission CA/13/00666/FUL are described below: Demolition of pole barn and erection of replacement barn on similar footprint but with higher bulk to allow accommodation in the roof space and occupation as a self-contained two bedroom residential unit to substitute a residential unit from the assimilation of the two adjacent cottages described below. The proposed replacement barn would have traditional external material but design features normally associated with a barn conversion including extensive fenestration to the south elevation and two internal garages. Demolition of a further outbuilding and creation of an access to the integral garages with hard standing to manoeuvre and park approximately two vehicles along with landscaping and planting of a hedge to separate the garden areas of the proposed two dwellings are also suggested.

4 Converting the two units (two cottages previously configured as a dwelling and studio flat) into a single unit with two storey side extension, part two, part single storey rear extension and incorporation of an outbuilding with a glass link to form a five bedroom, five reception room detached house. The demolition of a further outbuilding allowing for the creation of an access and hard standing for parking and turning of two to three vehicles together with a high level brick build garden wall and general landscaping associated with the converted cottage building as a single residential dwelling is also proposed. PLANNING HISTORY 5. The planning history for the site is set out below. Application CA//15/01210/LB Ref: Validated: 04/ Type: LISTED BUILDING CONSENT Status: Pending Date: Description: Proposed conversion of subdivided units in The Old Cottage into one dwelling. Erection of rear and side extensions along with alterations to existing building, erection of glass link between dwelling and outbuilding and replacement barn to form dwelling. Application CA//13/00666 Ref: Validated: 12/04/2013 Type: FULL APPLICATION Status: Decided Date: 02/08/2013 Summary: Granted subject to conditions Description: Proposed conversion of subdivided units in The Old Cottage back into one dwelling. Erection of two-storey side extension, erection of rear extension, replacement single-storey rear extension, and erection of glass link between dwelling and outbuilding. Replacement barn to provide ancillary home office/garaging associated with The Old Cottage and change of use of land from agricultural into residential curtilage. Application CA//13/00591 Ref: Validated: 02/04/2013 Type: LISTED BUILDING CONSENT Status: Decided Date: 02/08/2013 Summary: Granted subject to conditions Description: Proposed conversion of subdivided units back into one dwelling, erection of two-storey side extension, erection of rear extension, replacement single-storey rear extension, glass link between dwelling and outbuilding, replacement barn to provide ancillary home office; garaging provision associated with the old cottage and change of use of land from agricultural into residential cartilage. Application CA//12/01707 Ref: Validated: 09/10/2012 Type: FULL APPLICATION Status: Decided Date: 04/12/2012 Summary: Refused Description: Erection of replacement two-storey rear extension and erection of two-storey side extension and associated alterations to The Old Cottage and demolition of single-storey rear extension to The Pole Barn, erection of

5 linked garage extension to rear and associated conversion of The Pole Barn to provide ancillary office use. Application CA//12/01708 Ref: Validated: 09/10/2012 Type: LISTED BUILDING CONSENT Status: Decided Date: 04/12/2012 Summary: Refused Description: Erection of replacement two-storey rear extension and erection of two-storey side extension and associated alterations to The Old Cottage and demolition of single-storey rear extension to The Pole Barn, erection of linked garage extension to rear and associated conversion of The Pole Barn to provide ancillary office use. Application CA//09/00355 Ref: Validated: 10/03/2009 Type: FULL APPLICATION Status: Decided Date: 01/05/2009 Summary: Refused Appeal: Dismissed 08/03/2010 Description: Conversion of barn to residential dwelling. Relevant pre-application history: 6. The applicant sought pre-application advice under reference PRE/14/00672 Proposed barn and garage. 7. Findings: Opposed to the principle of development, layout and standard of accommodation. Impact on neighbouring amenities and appearance were considered acceptable. PLANNING POLICY BACKGROUND Policy constraints: 8. The site is not located in an area covered by any special designation. A public right of way runs through the site and The Old Cottage is Grade II listed and The Pole Barn was considered to be a curtilage listed building. 9. National Planning Policy Framework (NPPF): Section 3 Supporting a prosperous rural economy Section 6 Delivering a wide choice of high quality homes Section 7 Requiring good design Section 12 Conserving and enhancing the historic environment 10. Canterbury District Local Plan First Review 2006 (CDLP): R1 Conversion of agricultural and other rural buildings in the open countryside to residential. BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. BE5 - Preservation of listed & locally listed buildings and their settings. BE6 - Extensions to listed building to preserve special character. C9 Parking requirements

6 11. Canterbury District Local Plan (CDLP) - Draft 2014 HD5 Conversion of rural buildings T9 Parking standards DBE3 Principles of design DBE5 Design and access statements DBE7 Residential space standards DBE10 Alterations and extensions HE4 Listed buildings HE5 Development affecting and changes to listed buildings 12. Supplementary Planning Documents/Guidance: Supplementary Planning Document: Heritage, Archaeology and Conservation adopted October WRITTEN REPRESENTATIONS 13. Letters were sent to 7 neighbouring properties and a site notice was posted on 26 June Two online comments in support of the proposal were received together with two letters from immediate neighbours objecting to the proposed development. The issues raised can be summarised as: Overlooking from the proposed rooflights in the southern elevation of the replacement barn. (1 objector to the south) Materials and external finishes not in keeping with listed building (1 objector) Height of the replacement barn is much higher and this is harmful to the setting of the listed building and location (1 objector) Traffic generation, access and road safety (1 objector) Refuse storage and means of collection not shown (1 objector) Closure of footpath (1 objector) Breach of conditions and planning control shows intent of applicant (2 objectors) Other developments by this applicant being done without planning permission to the east of the application site (2 objectors). CONSULTATION RESPONSES Technical representations: 14. Public Right Of Way Unit KCC (PROW): No objection. KCC has received an application to extinguish the section of footpath from its junction with CC33 to the connection with Bekesbourne Lane. Currently the PROW traverse over the application site and the gardens of two properties to the south and appeared to be blocked off at the southern site boundary. The PROW should however be retained on its current alignment until the outcome of the extinguishment application is known and a number of informative notes are recommended. 15. CCC Archaeology: No objection. 16. CCC Heritage: Object. The insertion of up to 6 large roof light openings to the southern roof slope will be visible from the open countryside and will appear out of character. The segregation of the barn from the listed cottage together with the proliferation of parked vehicles and other residential paraphernalia will seriously harm the setting of the listed building.

7 FLOODING and DRAINAGE CONSIDERATIONS 17. The application is not prone to flooding but it lies entirely within an aquifer protection area. The applicant indicated soakaways as means of dispersing surface water runoff which may not be ideal given the susceptibility of the locality to groundwater contamination. Septic tanks are prosed for the management of foul sewer. Appropriate conditions should therefore be imposed to safeguard local groundwater in accordance with Policy C37 of the adopted CDLP OFFICER ASSESSMENT 18. The proposal effectively entails a replacement barn converted to residential use being used as an independent unit and extensive additions and alterations to a listed building. The principal planning considerations are seen as: the principle of development, visual impact, impact on the setting of the listed building, neighbouring amenity, standard of proposed accommodation, access and parking and the impact on the public right of way. Principle of development 19. Previous refusals of planning permission CA/09/00355/FUL (upheld at appeal) and CA/12/01707/FUL for the conversion of the barn to residential use failed the requirements of policy R1 of the adopted CDLP 2006 which seek to guide the conversion of rural buildings into alternative uses such as tourism or business instead of self-contained residential units. 20. For the most part, the subject site has been developed in accordance with planning permission CA/13/00666/FUL which entailed significant additions to the listed cottages building, along with its conversion from two dwelling units into a single large five bedroom dwelling. In addition to this the permission allowed for the demolition of a pole barn and erection of a replacement barn to be used as ancillary accommodation comprising of two garage spaces and office/work space associated with the resulting residential unit. 21. To date, occupation of the resulting residential unit has not occurred and the applicant argues that the original use of two residential units still exist on the site. The applicant also submitted a financial viability appraisal which suggests that the development consented under planning permission CA/13/00666/FUL is not viable but that a development comprising of two residential units on the site configured in accordance with this proposal would be. This report however fails to show marketing evidence and appears to use construction costing figures of the more expensive residential use for the replacement barn as oppose to the garaging and office/work space use for which it had consent, along with other inflated costs. As such, compliance with policy requirements R1(a) of the adopted CDLP 2006 and HD5(a) of the emerging CDLP 2014 remains questionable.

8 22. However, if considered from the position that the lawful number of units on the subject site is two and that the displaced unit from the converted cottages could be transferred to the replacement barn (albeit resulting in two much larger residential units) then adherence to policies R1 of the adopted CDLP 2006 and HD5 of the emerging CDLP 2014 becomes less relevant. Furthermore, in light of the Local Planning Authority s inability to demonstrate a 5 year housing supply, although this application site cannot necessarily be considered a sustainable location, the above policies becomes less justifiable and direction should instead be taken from NPPF Sections 6 and 7. Finally, the fact that the proposal would not result in any direct harm but rather constitute redevelopment or re-use of previously developed land suggest that the principle of development could be supported in this instance given the current overall policy framework. Visual impact 23. The proposed development is relatively well screened from public view with the high hedges along the western and southern site boundary and the buildings of Hoath Farm directly north of the subject site. The extent, design and therefore visual appearance of the alterations to the cottage building was previously established by virtue of planning permission CA/13/00666/FUL. The regularisation of a new 2 metre high, red brick garden wall to the west of the site and facing Bekesbourne Lane, therefore within the public realm, is however proposed, but this element is not considered to be unsightly or unduly obtrusive. Further changes to the previous permission include the new hard standing for this dwelling in the rear garden to the south but this will be particularly well screened and is therefore considered acceptable. The external finishes of this dwelling differs from the approved plans and now entail white painted bricks and white heritage style upvc joinery which, according to CCC Heritage comments managed to retain the historic setting of this listed building. 24. With regard to the proposed replacement barn, though its appearance is considered materially different from that of the original pole barn, mainly as a result of higher eves and roof line, as well as additional fenestration and external materials, it does sit on the same approximate footprint and display the same general shape of a single block with hipped roof. Although the indication at the time of the site visit was that five large roof lights are to be installed, whereas the proposed plans show six small conservation roof lights to the south elevation. This change although not ideal to the overall character of the building is not so harmful as to warrant further action on compliance with the approved scheme. 25. Overall the visual appearance of the building is generally acceptable. Planning permission CA/13/00666/FUL condition 04 required for all weatherboarding to be stained black or dark brown which would give these structures a more traditional appearance. Given the historic context and setting of the listed building it is considered relevant to re-impose this condition even though this was not implemented for the current construction where the weatherboarding has been painted white. The black finish is far more appropriate to the form and character of the building and its setting as part of an agricultural group, so a requirement for any permission is for the weatherboarding to be completed in a black stain finish.

9 26. The additional access east of the barn with hard standing to the south of it and changes to the landscaping including the new hedge between the gardens of the proposed dwellings would also be largely screened but also not appear out of place. 27. In summary, the various elements that this application seek to regularise from planning permission CA/13/00666/FUL are considered to be acceptable on grounds of their visual impact and the objectives of Section 7 of the NPPF and policies BE1 of the adopted CDLP 2006 as well as DBE3 and DBE10 of the emerging CDLP Impact on the setting of the listed building. 28. The original cottage building is Grade II listed, as are the manor house and three farm buildings of the main farm complex to the north. The original pole barn was considered as integral to the farm complex and especially the setting of the listed cottages next to it. Previous applications to convert this barn for residential use were opposed and upheld at appeal mainly due to its structural limitations but also to some extent the loss of resulting relationship between the two structures. 29. Though the proposed development would lead somewhat to the degradation of this relationship along with the proliferation of residential activities not traditionally associated with the rural setting this effect would largely be muted due to the screening of the subject site as mentioned earlier. On balance, officers believe that given these circumstances the proposed development does not warrant a refusal based on its impact on the setting of the listed building in relation to Section 12 of the NPPF and policies BE5, BE6 of the adopted CDLP 2006, HE4 and HE5 of the emerging CDLP Neighbouring amenity. 30. The two proposed dwellings will not have any windows directly facing each other and the dwellings to the north of the application site are situated opposite the public road. Ashdown Cottages lie over 30 metres to the south west of the application site and the proposed roof lights in the south elevation of the replacement barn. No other residential or amenity sensitive buildings are in close proximity to the application site and officers therefore conclude that the proposed development will have no adverse impact on any neighbouring amenity in line with Sections 6 and 7 of the NPPF and policies BE1 of the adopted CDLP 2006 as well as DBE3 and DBE10 of the emerging CDLP Standard of proposed accommodation. 31. All room sizes in the proposed cottage conversion as well as the barn appear to be in line with the standards prescribed in policy DBE7 of the emerging CDLP 2014 and national guidelines. Outlook offered to the converted cottage dwelling will be ample but some reservations remain over the roof lights proposed for the bedrooms in the loft space of the converted barn dwelling as these rooms will have only small mid-height windows however these will have a southerly aspect. In summary, officers believe a suitable level of accommodation will be provided by the proposed development and that it would be acceptable in terms of Section 6 of the NPPF and policies BE1 of the adopted CDLP 2006 and DBE3 of the emerging CDLP 2014

10 Access and parking 32. The proposal suggests two independent access points onto the private road serving the Hoath Farm complex. Adequate hard standing and manoeuvring space for at least two vehicles are proposed for the converted cottages dwelling while access and turning space into the two internal garages of the proposed barn conversion dwelling is also shown. These arrangements are considered adequate in terms of policies C9 of the adopted CDLP 2006 and T9 of the emerging CDLP The proposed utility room and garages of the two respective units should provide sufficient cycle storage space but no specific provisions for bin storage were proposed which can be achieved by condition. Public Right Of Way 33. Kent County Council has commented on the public right of way and have identified that an application to extinguish the path has been presented to them. They have raised no objections to the proposals with regard to the existing footpath but have recommended a number of informative notes. The planning application and footpath extinguishment application are entirely independent of one another and the approval of one will not automatically result in the approval of the other application. Kent County Council have identified that the footpath must remain in place and accessible until the extinguishment application is known. At the time of the site visit the PROW was obstructed by the hedge at the site boundary to the south and was not properly demarcated on the application site however no structures are proposed over it and it could be reinstated with ease. The granting of planning permission would therefore not prevent the use of the path and it would be possible for the path to be diverted should the extinguishment application be unsuccessful. Development Contributions 34. The application does not relate to an additional unit of accommodation therefore it is not appropriate to request planning obligations in this case. Summary 35. The proposed development will allow the barn to be used as an independent unit without significant harm being caused and as the existing pair of semi-detached houses will become a single dwelling there will be no increase in the number of dwellings. The visual appearance of the proposed development and its impact on the setting of the listed cottages and the general Hoath Farm locality would be acceptable subject to the recommended conditions as are all other planning considerations. Based on these findings it is recommended for planning permission to be granted subject to the conditions set out below.

11 DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: Proposal: Location: CA/15/01209/FUL Proposed conversion of sub-divided units in The Old Cottage into one dwelling. Erection of rear and side extensions along with alterations to existing building, erection of glass link between building and outbuilding and replacement barn to form dwelling. The Hoath Farm, Bekesbourne Lane, Canterbury CONDITIONS/REASONS: 1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act Unless otherwise agreed in writing by the local planning authority the development or work shall only be carried out in accordance with drawings 160/01, 160/02, 160/03 160/04, 160/05, 160/06, 160/07, 160/08, 160/09, 160/10, 160/11, 160/12, 160/13, 160/15 "Existing south west elevation, Existing south east elevation", 160/15 "Existing north east elevation, Existing north west elevation", 160/16, 160/17, 160/18, 160/19, 160/20, 160/21, 160/22 and 160/23 all received on 1 June REASON: To ensure the development or work is in accordance with the permission, consent or approval given. 3 Within three months of the date of this permission all weatherboarding on the linked outbuilding and replacement barn shall be painted or stained black or dark brown. REASON: To ensure that the external appearance of the building does not prejudice the visual amenity of the locality and the protection of the special architectural and historic character of the building and adjoining listed buildings. 4 All rainwater goods for The Old Cottage extensions and reconstructed Pole Barn shall be constructed in cast iron. REASON: The protection of the special architectural and historic character of the buildings and the setting of the farmstead.

12 5 The barn conversion dwelling shall not be occupied until the garaging and parking, as shown on the approved drawings, have been provided. Thereafter that garage and parking spaces shall be used or kept available for the parking of cars. REASON: The development without the provision of adequate parking space would be likely to lead to inconvenience and danger to road users by virtue of vehicles parked on the public highway and nearby roadways and to preserve the historic character and appearance of the adjacent Grade II Listed Building and general locality. 6 Before the use of the replacement barn as a dwelling is commenced, details shall be submitted to the Local Planning Authority for its approval of the proposed means of disposing of foul and surface water. The development shall not be carried out other than in accordance with such details as may be approved. REASON: Pursuant to Articles 35 (1) and (2) of the Town and Country Planning (Development Management Procedure)(England) Order 2015, the local planning authority is satisfied that the requirements of this condition (including the timing of compliance) are so fundamental to the development permitted that, if not imposed, it would have been necessary to refuse permission for the development. This is because, at the time of granting permission, full details of the drainage scheme for the development to allow an assessment of the implication for surrounding development were not yet available but this information is necessary to ensure the development complies with Canterbury District Local Plan 2006 Policy C37 and are adequately drained to prevent localised flooding and ensure preservation groundwater resources. 7 Before the hereby permitted dwellings are occupied suitable refuse bin storage enclosures for each dwelling that safeguard visual amenity of the area shall be provided in accordance with details first submitted and approved by the local authority. REASON: To ensure that the external appearance of the bin store does not prejudice the visual amenity of the area and historic setting of the Grade II Listed buildings in this locality.

13 8 Before the development is commenced a scheme for the landscaping of the site to include the siting and specification of tree and shrub/hedgerow planting, seeding or turfing and the treatment of all hard surfaces shall be submitted to and approved by the local planning authority. The scheme of landscaping must take into consideration the comments and advice provided in Informative Note 2 relating to the Public Right of Way that crosses the site. All planting, seeding or turfing comprised in the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which are removed, die or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with others of similar size and species to those originally required to be planted. REASON: To ensure that the site is adequately landscaped in the interests of the appearance of the locality. 9 Prior to the commencement of any works in connection therewith details of all new screen walls, gates and fences shall be submitted to the local planning authority for its approval and such walls, gates and fences as may be approved must be erected and thereafter retained. REASON: To protect the rural character of the site, to ensure unhindered access to the Public Right of Way and to preserve the setting of the Grade II listed building, The Old Cottage. 10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, Schedule 2 Part 1 Classes A to H inclusive and Schedule 2 Part 2 Classes A to C inclusive (or any order revoking and re-enacting that Order), neither of the dwellings hereby permitted shall be extended or have any buildings, structures or fences (other than those indicated on the approved drawings and/or subsequent approvals) erected within the curtilage thereof. REASON: Having regard to the open nature of the site, the erection of any outbuildings or domestic structures would detract from this open character of the area and would be detrimental to the site and setting of the Grade II Listed Buildings in this locality. 11 Prior to the residential use of the replacement barn commencing, the cottage conversion dwelling shall first be converted and occupied in accordance with the approved plans. REASON: To ensure appropriate phasing of the development and control the number of future occupancies permitted in this locality.