Yorkshire Dales National Park Authority

Transcription

1 Yorkshire Dales National Park Authority Application Code: Committee Date: 13/12/2016 Location: The Stables, Hard Stiles, Marske Dormouse Cottage Marske Scriddle Hill Rectory Lodge Yew Tree Cottage St Edmund's Church Marske Bridge Scriddlehurst GP Pp Ho Marske Beck FB Marske Hall track Deer Park Wood Scriddlehurst GP Pp Ho Marske Beck FB Marske Hall FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO BE MADE Crown copyright and database rights 2016 Ordnance Survey Additional information: Yorkshire Dales National Park Authority

2 Application No: District: Parish: Applicant's Name: Grid Ref: Richmondshire Marske Mr R Tempest, Rural Concepts Group NZ Received by YDNP: 11/10/2016 Officer: Michelle Clowes PROPOSAL: LOCATION: full planning permission for conversion of stables to 9 units for either residential or holiday let accommodation and the retention of 1 existing open market dwelling. The Stables, Hard Stiles, Marske CONSULTEES Marske & New Forest PM Reeth & Arkengarthdale Ward NYCC - Area 1 Richmond Highway Depot North Yorkshire Building Control Yorkshire Water Services Ltd Wildlife Conservation Officer Trees & Woodlands Senior Conservation Archaeology No objection subject to conditions relating to the discharge of surface water, the provision of the access before any groundworks, the provision of the access, turning and car parking areas prior to the first use of the development, precautions to prevent mud on the highway and the submission of a construction management plan addressing on site parking, storage and construction traffic during development. No objection subject to the method statement being provided in full and the requirement for an EPS licence. A tree care plan for the shelterbelts and small woodland around the site following the guidelines in BS 5837:2012 is needed. The plan should include but not be limited to the protection of rooting area/soil environment, protection of the canopy during works, potential works to allow safe access/egress and around site e.g. crown lifting and construction methods that would be used to minimise potential damage, for example resurfacing the driveway using a non dig option. 13 Dec 2016 Page: 7

3 PUBLIC RESPONSES None to date. RELEVANT PLANNING POLICIES L2(15) - Conversion of traditional building - acceptable uses B13(06) - Listed Buildings B15(06) - Conversion of Traditional Buildings GP2(06) - General Design Policy NE7(06) - Protection of Species OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to the Planning Committee for the following reason; the proposed development is contrary to Local Plan policy. APPLICATION SITE This application concerns the former Stable Block and Coach House at Marske Hall which is a Grade II Listed Building. The two storey building dates from circa 1741 and is a fine example of polite architecture within the National Park. It has a quadrangular plan with a central courtyard and is constructed of stone rubble on an ashlar plinth with ashlar dressings. A clock tower surmounted by a 19th century cupola on the eastern elevation forms a prominent and distinctive feature of the building. The Stable Block and Coach House has a parkland setting being closely associated with the adjacent listed buildings of Marske Hall and its associated kennels and workshop buildings. The Stable Block has been identified as a Building at Risk and is currently in a state of decline, particularly suffering from recent spates of vandalism. The building was previously owned by the Marske Village Hall Association and a section of the 1st floor was used specifically for community meetings. A dwelling (Stable Cottage) is also in existence in the north western corner of the Stable Block although it has been vacant since The remainder of the building is largely intact as former stables and coach house. PROPOSAL The proposal is to create 9no. local occupancy dwellings or self catering holiday units. The existing dwellinghouse would be retained as a 10th unrestricted unit of accommodation. They would range in size between 2 and 3 bedroomed properties. The scheme also includes the provision of an area of ground floor communal space which meets their legal obligations to provide space for community meetings. A counterpart listed building consent application is to be considered under application reference R/31/23G/LB and is the subject of a separate report, also on this agenda. RELEVANT PLANNING HISTORY Planning permission and listed building consent were granted for the conversion of the grade II listed Marske Stables to nine holiday units (planning references: R/31/23D and R/31/23E/LB). The planning permission was allowed as a departure to established local planning policies as a form of enabling development to find a new use for an important listed building that was considered to be at risk. The planning permission was subject to a S106 legal agreement to ensure the holiday units were managed in accordance with a 13 Dec 2016 Page: 8

4 plan, that the communal areas are maintained as such with no physical subdivisions and that a community facility for use by the Marske Village Hall Association. The planning permission and listed building consent have not been implemented and have now lapsed. KEY ISSUES: - planning policy - impact on the significance of the listed building - future management - residential amenity - access & car parking provision - impact on protected species PLANNING POLICY The adopted Yorkshire Dales Local Plan (2006) and Housing Development Plan (2012) do not currently support residential uses such as those proposed, as the site lies outside of any defined settlement. The proposal is therefore contrary to policy HDP4 of the Housing Development Plan (2012). However, the emerging Yorkshire Dales Local Plan ( ) is now sufficiently advanced in its preparation that it can be afforded weight as a material consideration. Specifically, draft policy L2 now allows the conversion of traditional buildings to local occupancy dwellings or holiday lets within existing settlements and building groups or other suitable roadside locations. As the building in question was constructed prior to the 20th century and has historical and architectural merit as a listed building, it is considered to be a traditional building for the purposes of this policy. The stables are within a group of buildings including the nearby Sawmill and it is accessible via a track that has been in existence since before July The conversion of the former stable block is unlikely to cause significant landscape harm as the building is generally only visible in close views. The natural topography of the land and nearby tree cover helps to screen it from wider public views. The proposal would therefore accord with the emerging policy. The National Planning Policy Framework (NPPF) sets out the purpose of the planning system: to contribute to the achievement of sustainable development. It advises that planning authorities should avoid new isolated homes in the countryside unless there are special circumstances. The circumstances listed include - "where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets" and "where the development would reuse redundant or disused buildings and lead to an enhancement to the immediate setting." The aim of policy L2 is to allow traditional buildings to be put to an alternative use where the building and its location are able to accommodate the new use and its associated impacts. In this regard it allows for sustainable development and is wholly consistent with the approach taken by the NPPF. IMPACT ON THE SIGNIFICANCE OF THE LISTED BUILDING The impact of the works on the significance of the heritage asset is set out in the separate listed building consent report (R/31/23G/LB) which is also before Members. Nevertheless, it is considered that the works required to facilitate the proposed use of the building for local occupancy dwellings or holiday lets, are acceptable and would not amount to substantial harm to the significance of the listed building. The scheme proposes the conversion of the existing standing structure only with no extensions or additions. In this regard the proposal would comply with criterion i of saved policy B15 of the adopted Local 13 Dec 2016 Page: 9

5 Plan (2006). A number of new openings are proposed in the western elevation and several existing cart door openings are to be replaced with glazed screens within the inner courtyard. These alterations are considered to be acceptable subject to conditions requiring the provision of detailed specifications for the size and profile of the openings and the colour treatment for all the external timber. The concessions made during the last application to retain a number of important features such as evidence of the former stable use and Victorian sash windows are welcomed and will ensure that the history of the building will be apparent to the future owners and uses of the proposed units. FUTURE MANAGEMENT Officers have secured agreement by the applicant to enter into a s106 agreement as per the previous scheme. This will in part ensure that a management company is put in place to protect the long term future of the building and to prevent inappropriate activity which could be detrimental to the listed building and it s setting e.g. creation of separate curtilages, domestic paraphernalia and erection of boundary treatments. The management company would also oversee the ongoing future maintenance of the building so that in the event that the units are sold off to individual owners, the building as a whole is treated in a cohesive manner. This is a typical scenario in the cases of new development and is the case with other schemes approved by the Authority including Embsay Tannery & Langcliffe Mill. A s106 to require the provision of a management company for this development would meet the three tests set out in the NPPF as it would be a) necessary to make the development acceptable in planning terms, b) would be directly related to the development and c) fairly and reasonably related in scale and kind to the development. RESIDENTIAL AMENITY Marske Hall has previously been subdivided into a number of residential apartments. The Hall is located approximately 25/30m to the north east of the Stable Block beyond a belt of tree planting. The conversion of the building to holiday lets/local occupancy dwellings will inevitably result in increased activity at the site particularly from vehicular movements. However, it is considered that on balance, due to the separation distance between the two buildings, the change in land level and provision of screening, the residential amenity afforded to the units within the Hall would not be significantly diminished. It should also be noted that permission has been granted for the creation of 2 residential units within the former Marske Sawmill. Although this building is at a lower ground level than the stables there is a separation distance of over 50m between the buildings. The proposed development would not therefore result in a loss of amenity for the occupants of either buildings, should both permissions be implemented. ACCESS & CAR PARKING The proposed development would be accessed via the existing track off the Main Hard Stiles Road which runs through the hamlet of Marske. The proposed car parking plan indicates the provision of 15 spaces to the front, side and rear of the building. It is considered unfortunate that car parking is to be provided to the front of the building as this will inevitably detract from the architectural grandness of this elevation which includes the striking clock tower. However, the site is constrained on all sides and it is acknowledged that there are limited opportunities to provide car parking on site without impinging on views of the listed building. The Highways Authority has been consulted on the application and raised no objection subject to the imposition of a number of conditions relating to the provision of the access and car parking before the units are first occupied. IMPACT ON PROTECTED SPECIES 13 Dec 2016 Page: 10

6 Regulation 3(4) of the Habitats Regulations 1994 requires all Local Planning Authorities, in the exercise of their functions, to have regard to the provisions of the Habitats Directive. Where a European protected species may be affected, it is important that planning decisions are reached in a manner that takes account of, and is consistent with, the Directive s requirements. Those requirements include a system of strict protection for European protected species, with derogations from this strict protection being allowed only in certain limited circumstances and subject to certain tests being met. These tests are set out under Regulation 44 of the Habitats Regulations The Local Planning Authority in considering applications that affect European protected species must therefore undertake an assessment of the proposals against these tests. There is a likelihood that bats (a European protected species) would be affected by this proposed development. The proposals have therefore been assessed against the three derogation tests and the results of this assessment are outlined below: 1.Regulation 44(3)(a) - There is no satisfactory alternative. The existing site is redundant former Stable Block and Coach House. It is a Grade II listed building and is identified as being vulnerable. The conversion of the building to a viable use requires works to the building to enable the use and to repair and maintain the building. These works will affect the roosts within the building. The only alternative would be to not use parts of the building or undertake repairs only which is considered to be unsatisfactory. 2. Regulation 44(3)(b) - The development will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. A bat survey accompanies the planning submission which has been considered by the Authority s Wildlife & Conservation Team. Bat emergence surveys have revealed evidence of roosting bats in the Stable Block. The Wildlife & Conservation Team has advised that the bat survey forms an acceptable basis for determining the impacts of the proposals on bats. As such, the development as proposed will not be detrimental to the maintenance of the population of protected species at a favourable conservation status. 3. Regulation 44(2)(e) - The development is in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment. The proposal would enable the use of a redundant Grade II listed building that has been identified as being vulnerable to deterioration or loss. The scheme would bring about beneficial consequences by enabling the future use of the heritage asset to be secured. Provided that the bat mitigation condition is imposed on any approval, it is considered that the development is capable of being constructed and impacts managed in accordance with the legislation and without undue detriment to any protected species. CONCLUSION This is an important listed building which is at risk of deterioration and decay if it does not have a viable, productive use. The proposed change of use and restoration works to the building are acceptable in principle. The scheme is further considered to be acceptable in 13 Dec 2016 Page: 11

7 RECOMMENDATION Schedule No:2 terms of its impact on the setting of the listed building, neighbouring amenity and highway safety. For these reasons the proposed development is considered to comply with saved policies GP2, B13 and B15 of the adopted Yorkshire Dales Local Plan (2006), draft policy L2 of the emerging Yorkshire Dales Local Plan ( ) the National Planning Policy Framework. That planning permission be granted subject to completion of a S106 agreement restricting occupancy of the units to either holiday lets or for local people in housing need (as defined in the emerging local plan) and conditions to include the following: 1) standard time limit 2) development to be carried out in accordance with the approved plans and documents 3) removal of permitted development rights for extensions, alterations, outbuildings and renewable energy technologies. 4) submission of samples of external facing and roofing materials, rainwater goods and pipework 5) details of the proposed mechanical extraction and ventilation for all new kitchens and bathrooms 6) details of any external lighting to be submitted and agreed 7) details of any external signage to be submitted and agreed 8) submission of a door and window schedule to include the materials, design and appearance of any new doors and windows, section drawings of any new glazing, sections through the courtyard glazed screens and a methodology for the repair of the doors and windows which are to be retained. 9) details of the proposed colour treatment for all external timber work 10) details of a proposed bin store 11) provision of a landscaping scheme 12) approved landscaping plan to be implemented 13) methodology for the works to create the opening of the archway in the western elevation 14) re - use on site of any dressed stone which is to be removed in accordance with a scheme of details 15) details of the access track and car parking surfacing materials 16) details of measures to deal with surface water run - off 17) no groundworks until the access has been constructed to the Highway Authority standard 18) provision of car parking and turning areas prior to first occupation 19) details of precautions to prevent mud deposits on the highway 20) submission of a construction management plan 21) sample of lime mortar to be provided for re - pointing works. 13 Dec 2016 Page: 12