Agenda item

Written Submissions/Public Participation

Minutes:

3/20/2260/FUL - Sever Plot, Demolish Remaining Part of Existing Dwelling & Erect Replacement Dwelling at Smugglers Hyde, 47 Brook Lane, Corfe Mullen

 

Nicola Gray, Town Clerk – Corfe Mullen Town Council

 

Corfe Mullen Town Council should like to make the following statement in respect of the above application:

Having considered the application for this property, which has seen some 20 plus applications being presented to this Council over the last 10 years, all of which have been objected to for substantial and valid reasons. The Town Council is somewhat frustrated by the amount of time wasting which these continued applications cause and should like to request the Planning Authority considers the value of continued applications and the impact they have.

The Town Council recognise the Court Case which took place in March 2020 in respect of the restrictive covenant, which found the owner of Smugglers Hyde, 47 Brook Lane as “having an apparent desire to maximise, sometimes incrementally, the application land’s development potential”. And having “erected a sign at the rear of 155 Hillside Road stating that three houses were going to be built on the application land”, along with having “a fanciful description of Smugglers Hyde as a five-bedroom property, a description which was designed to make it look more similar to his proposed properties than was actually the case”, indicates the owner is attempting to force a decision in his favour. Although the Town Council is not putting forward this statement in relation to any covenant, the facts and outcome of the case which dealt with the covenant does provide a number of legitimate material matters which can form fundamental objections to the application.

Further to the information above, the Town Council has the following objections:

                   • The application is contrary to NPPF 110(b) in that the proposed development does not provide safe and suitable access to the site for all users. Access to site is dangerous as Brook Lane is a single track, un-adopted gravel lane which will not cope with additional traffic.

                   • The proposed development would have an overbearing effect which would result in a detrimental impact to the amenity currently enjoyed by neighbouring properties.

                   • Potential severing of the plot would result in high density housing for the remainder of the plot contrary to policy LN2.

                   • The size of the proposed dwelling is overlarge for the severed plot and is unsympathetic to the more spacious character and appearance of existing development in the unmade part of Brook Lane. This will result in a cramped development which is out of character with the immediate area of Brook Lane and is therefore contrary to Christchurch and East Dorset Local Plan Policy HE2.

                   • It is noted that the street scene provided as part of this application is totally misrepresentative, particularly in relation to the size of existing adjacent dwellings.

 

Members request the application is considered by the Planning Committee if the Officers comments are at variance to the above.

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6/2020/0560 - Mr R Turner, Spyway Orchard Barn, Durnford Drove, Langton Matravers, BH19 3HG. Convert and extend existing barn into 4x2 bedroom residential units with parking re use existing access Use class C3.

 

Dr Mary Sparks, Parish Clerk, Langton Matravers Parish Council

Langton Matravers Parish Council OBJECTS to this proposal on the following grounds:

1. Policy CO (Countryside) does not apply in this case, The National Planning Policy Framework (NPPF) is explicit that the policy affecting the conversion of existing farm buildings does not apply in AONBs, SSSIs and Heritage sites (eg the Jurassic Coast), in this case all of the above apply (see identified constraints in PAP 2020/0007). Any grant of planning permission on this basis would be invalid and could result in judicial review. In the alternative, policy CO requires that any development in the countryside should make a positive contribution to landscape character and enhance biodiversity. This development neither makes the positive contributions nor the enhancements required. Indeed it detracts from both. (see further objections below). The NPPF does not permit development in the countryside “if the development would result in the external dimensions [.... ] extending beyond dimensions of the existing building”. As the dimensions of the proposed building do exceed the existing building then again the development is not permitted under the NPPF.

2. Rural Exception Site, As CO does not apply and it is a development outside the settlement boundary then RES does apply. This application fails to provide affordable housing as required the RES policy.

3. Adverse Impact on nature conservation and biodiversity (including the effect on trees). The current site has a rich and diverse ecology. The biodiversity appraisal, which appears to have been undertaken by someone other than a qualified ecologist, only and inadequately addresses matters relating to bats. Such an appraisal needs to be undertaken by a suitably qualified person who should address all aspects of biodiversity so as to ensure there is no negative impact.

4. Layout and visual appearance. This development alongside the already approved Spyway Orchard development is an over-development having a negative impact on the surrounding countryside/AONB. The proposed design is not in keeping with the existing Langton Matravers vernacular style nor is it in keeping with the neighbouring Spyway Orchard development.

5. Emerging policies (environmental and climate change). The proposed design is not in line with Dorset’s emerging policies on the environment and the climate change emergency.