Agenda item

Erect 1 No. dwelling and create new vehicular access from The Avenue.

With the aid of a visual presentation including plans and aerial photographs, the Case Officer identified the site and explained the proposal and relevant planning policies to members. The site was in a sustainable location, within the development boundary of Sherborne, 300 metres from cheap street and local facilities within 800 metres of walking distance and town centre. Highly sustainable for new dwelling and smaller sites were needed to meet housing requirements. There would be less than substantial harm which was outweighed by public benefits and a formation of safe vehicle access as the previous access was seen as unsafe. There would be less than substantial harm to the conservation area, design was appropriate for conservation area. The proposal was on an empty site featuring a lawn which could be seen as under-utilised land, and the dwelling sits comfortably within the plot and does not impact on transport network. The Flood risk of the site was high and medium risk of surface water flooding, but the site was outside of the flood zones. The proposal was on an urban site covered by maintained lawn, which had no significant biodiversity value.

Public Participation

Ms Rawlings addressed the Committee that this was not simply about getting planning permission but about what matters - heritage. The NPPF says that great weight should be given to safeguarding heritage assets considering them an irreplaceable resource that should be protected for future generations. Their preservation is for national benefit. The benefit of housing needed to be balanced against any harm. For a listed building the consideration of harm is much higher so there needs to be a much bigger public benefit. Here we are talking about an amazing 12-foot stone wall that is much enjoyed by so many in the town. A popular route to schools and to the doctors and another can never be built as it would cost too much. It forms the boundary of a medieval burial plot which outlines the historic evolution of Sherborne. Building there will erode the character and value of our wall. The poor decisions much higher up the wall on a lower section do not set the benchmarks for the wall. She underlined the importance of historical buildings and that any harm much have convincing justification. One house worth more than 1 million pounds has very little public benefit and not sufficient to outweigh the harm. The proposed design intrudes on the listed buildings settings of 91 and 93 as it impacts how they are seen from the road, the garden and the building themselves. If this is allowed, it sends a message that heritage does not matter.

Mr Marr strongly objected to this application. The applicant claimed that this development “will better enhance the character of the conservation area”. In his view this was not true as the site is surrounded by listed buildings in which the character is defined by the gardens, mature trees and local wildlife. A new building in this location would significantly diminish the character bringing no public benefit to the conservation area. This proposal will severely impact the privacy and amenity of the four neighbouring properties, particularly the barn house. The first-floor windows positioned less than three meters from the boundary will directly overlook this property harming residents’ privacy and amenity. The application fails at all to mention several large established trees on the site despite their legal protection within the conservation area. These trees contribute to the visual character of the area and their removal would be an irreversible loss to the local environment.  Worse still their removal could destabilise the 3.5 metre listed stone wall that divides the property. Additionally, a wildlife pond has been filled in destroying a legally protected habitat for newts and frogs under the Wildlife and Countryside Act. In my opinion, the emission of the trees and ponds from the application was deliberate to avoid ecological scrutiny. Flooding is another major issue, the applicants environmental report states that the site is not at risk of surface water flooding and that no mitigation is needed, local residents would strongly disagree. Surface water from the avenue has already caused repeated flooding in grade two listed buildings on Newland with two homes being flooded four times between 2021 and 2023. The report ignores the Coldharbour footpath which channels rainwater downhill directly onto the avenue and without drainage in place this development will only worsen flooding risks for surrounding homes. The national planning framework is clear - clause 170 states that development should be directly away from flooding and must not increase flood risk elsewhere. Clause 181 reinforces this stating that planning authorities must ensure developments do not worsen flood risks.

Mr Coles addressed the Committee that Sherborne was renown for its rich heritage and character which would be negatively impacted by the creation of a vehicle access through a grade 2 listed historic boundary wall within a conservation area. The loss of this significant heritage asset would cause substantial harm for the sake of building 1 private home. The applicant states that the new entrance is to place an entrance closer to Newland. However, the new entrance would be significant larger and damaging the integrity of the grade 2 listed wall. It is government policy to increase social and public housing, this application to build a single private house undermines those objectives. He was also concerned about the impact of traffic as the avenue is busy on weekends, weekdays and Saturdays with parking restricted to the East side due to the narrow road. The proposed driveway across from parked cars would worsen congestion at the narrowest part of the road. increasing accident risk and obstructing emergency vehicles. The avenue is frequently used by pedestrians like school children and those with mobility scooters. The west side is safer with fewer driveways. The applicant proposed a 3-car driveway, but this would endanger pedestrians and increase accident risk. He raised the impact on neighbouring properties which would infringe on the privacy to neighbours. He raised concerns about flooding, which proposed a significant risk and would worsen the existing issues, and the proposal impacts biodiversity.

Mr Pitman addressed the Committee; the dwelling was designed for applicant who completed the build for personal reasons including the need to remain close in town where his wife’s care home is. Allowing capital release for the care and the applicant is retired and wife suffers from dementia and needs 24-hour care. The dwelling is designed as multigenerational occupational home. The proposed dwelling suites an established pattern of development to the west side of the avenue. The proposal is in a sustainable location under planning policy and is considered to not cause any significant harm to neighbouring amenity. There is no harm to heritage assets and the listed building consent aspect of the application has already been granted for opening the boundary wall and the scheme is supported by the conservation officer.  The proposed building is approximately 45 metres away from the listed building and the proposed building takes reference to local architectural features. The Council’s flood risk management team concur with the surface water flood risk report and propose a condition of an onsite drainage scheme. A specialist flood risk engineer has advised that the site sits on limestone which is very permeable material and able to deal with onsite water drainage and would manage on surface water with soak aways. Flooding is experienced on the road, but our scheme will not have any runoff from the site. Biodiversity have been considered with onsite surveys and submitted reports. Condition proposed to enforce the enhancement of ecology on site and the vehicle access on the site would comply with highway requirements and Dorset Council highways have no objections.

Members questions and comments

• Cllr Crabb asked if there would be any archaeological surveys on the wall to see if there was anything important? He also added that flood was a concern and if there had been an ecological survey or measures proposed to mitigate wildlife?
• Cllr Taylor requested a condition for an archaeological dig and that the existing stone was used to block the garage so that it all matches up.

Having had the opportunity to discuss the merits of the application and an understanding of all this entailed; having considered the officer’s report and presentation; the written representatives; and what they had heard at the meeting, a motion to APPROVE the officer’s recommendation to GRANT planning permission as recommended, was proposed by Cllr Rideout, and seconded by Cllr Taylor.

Decision: To grant planning permission for reasons set out in the report and with additional conditions set out below:

9. Before the development is occupied or utilised the existing highway vehicular crossing must be expunged and reinstated to a specification which must be submitted to and approved in writing by the Planning Authority. Any such scheme shall include the reuse of stone from the new access.

Reason: To ensure the proper and appropriate development of the site in the interest of highway safety

11. The soft landscaping works detailed on the approved site plan must be carried out in full during the first planting season (November to March) following commencement of the development or within a timescale to be agreed in writing with the Local Planning Authority. The soft landscaping shall be maintained in accordance with the agreed details and any trees or plants which, within a period of 5 years from the completion of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure the satisfactory landscaping of the site and enhance the biodiversity, visual amenity and character of the area.

12. The new splayed sections of wall shall have been completed using only stone salvaged from the part deconstruction in accordance with drawing PL-1602-200B and to a specification previously submitted to and approved in writing by the local planning authority. This specification shall include details of the mortar mix and finish to be employed as well as the proposed bond.

Reason: To secure the level of harm to the significance of heritage assets to a less than substantial level that is outweighed by the public benefits afforded by the prop

13. Prior to the commencement of any development hereby approved, including any excavation, an Archaeological Desk Based Study shall be submitted to the local planning authority for approval in writing. The Desk Based Study shall identify whether onsite investigations are necessary prior to excavation. Should the Desk Based Study identify that investigative archaeological works are required, a scheme of the investigate works shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of the development. This scheme shall include archaeological fieldwork together with post-excavation work and publication of the results. The development shall thereafter accord with the approved scheme.

Reason: To safeguard and/or record the archaeological interest on and around the site.