Agenda item

Erection of 2 No. dwellings (Outline application – Access and Layout).

The Senior Planning Officer introduced the outline application for access and layout in respect of 2 dwellings.

A correction was made to the Ward Members contained in the report as being Cllr D Bolwell, Cllr S Williams and Cllr K Clayton.

Members were shown a site location plan that detailed the outline permission for one dwelling on the site that had already been agreed, a site layout plan / site section, a constraints map and site location aerial view. Although outside the Defined Development Boundary for Bridport there were other dwellings in that area. Photos were also shown of the site and its access from and onto Watton Lane from various directions.

An update sheet circulated to the Committee at the meeting provided an update following receipt of the Appeal Decision the previous week for land south of Westleaze, Charminster (Appeal Ref: APP/D1265/W/18/3206269.  Members were advised that the Planning Inspector concluded that the Council was unable to demonstrate a 5 year housing land supply for the West Dorset and Weymouth & Portland Local Plan area and that the position was greater than 4.12 years but less than 4.88 years.

Rachel Gershfield, who occupied a neighbouring property, addressed the Committee in objection to the application on the basis of damage to the Area of Outstanding Natural Beauty (AONB) and the effect on her property and her life.  In respect of the latter, she advised that her bungalow had been built to benefit from the setting of the field and the sea, having large picture windows.  The increased use of the road would cause lack of privacy, increased pollution and disturbance from car headlamps. Providing 2 two storey homes showed a lack of concern for existing inhabitants and their quality of life and the development would completely overshadow her bungalow.

Philip Somerton objected to the number of houses which he considered to be speculative and unjustified with the same analysis reiterated for the previous permission for the single dwelling. He drew attention to light pollution from cars, road safety, concern regarding the AONB and obstruction of views from West Bay.  He stated that the habitat survey had been used in a different application and was not relevant for this site.

Richard Nicholls addressed the Committee on behalf of the Campaign to Protect Rural England (CPRE).  He referred to Local Plan policies SUS2 and HOUS6 (ii) and asked whether the Dorset AONB team had been asked to comment on the proposal.  He felt that this application would undermine the Local Plan and set a precedent for development across Dorset outside of the Defined Development Boundary that would have a detrimental effect on the AONB. 

Simon Ludgate, the Agent, spoke in support of the application, stating that the site was surrounded on 3 sides by low density development and, whilst the outline application indicated the location of the properties, it did not contain details of their size or scale. The principle of development had been established on the adjacent site where outline approval had been granted and the impact on the AONB had been taken into account during that time. A further two dwellings outlined in this application would bring a total of 3 dwellings on this site.  There would be cover that would help hide houses in the landscape setting due to the topography of the site.  He confirmed that the access allowed limited movement to 3 properties similar to Broad Lane and that it would not be a major road.  Watton Lane was narrow and developing this access would allow a passing bay helpful to cars using the lane. 

The Highways Officer advised that he had visited the site that morning and confirmed that Watton Lane was subject to very light traffic and that the access would provide an additional passing space at the entrance to the site.  Although narrow, the lane was wide enough for a car to pass a pedestrian which made it safe.

Members were particularly concerned regarding the scale and height of the development and were informed that this would be a reserved matter unless the committee was minded to specify a single storey dwelling by condition at this stage.  Legal advice was given that conditions would need to be given in accordance with the National Planning Policy Framework (NPPF) 6 step test (necessary; relevant to planning; relevant to the development to be permitted; enforceable; precise and reasonable in all other respects).

Cllr Nick Ireland referred to the decision of the Planning Inspector for an appeal in respect of 14 Wareham Road, Owermoigne, Dorset DT2 8HN, when it was stated that future occupiers of the dwellings would be reliant upon the private car to access day to day living requirements, and as such the dwellings would not be in a suitable location for residential development.  He considered that the same factors applied to this application.

The Senior Planning Officer explained that the site was 100m from the DDB for Bridport and set amongst existing residential properties and that a

precedent had been set due to the approval of the outline application for a dwelling on the adjoining site under the former West Dorset District Council. 

Members debated the application in the context of the climate change emergency declaration, NPPF paragraphs 149 and 172 in respect of building on greenfield sites and the AONB and also the impact of the lack of a 5 year housing supply.  The map of the larger area (constraints map) identified houses in Broad Lane and other homes that had been approved that could be cited in an appeal should the application be refused.  It was further noted that the site was not on a bus route or cycle route.   

Cllr David Shortell proposed that the application be approved, however, after some debate regarding a condition or informative to limit building height, this proposal was not seconded.

Cllr Nick Ireland subsequently proposed that the application be refused as it would not be in accordance with the NPPF in its requirement to actively manage growth, through limiting the need to travel and offering a genuine choice of transport modes as occupiers would be reliant on their cars.  In particular NPPF paragraph172, regarding the adverse impact on the AONB arising from the development and unsustainability of the location and NPPF 149 - taking a proactive approach to mitigating climate change. The proposal was seconded by Cllr K Clayton.

Members were advised that the NPPF paragraph 172 gave weight to developers with regard to impact on the AONB and that in this case the site was well screened with downward sloping topography. Legal Advice in respect of the "tilted balance exercise" was also provided, in terms of whether the referenced NPPF policies were sufficient to tilt the balance of the lack of a 5 year housing supply back in favour of approval.

Proposed by Cllr Nick Ireland, seconded by Cllr Kelvin Clayton.

Decision: That the application be refused for the reasons outlined in the appendix to these minutes.