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.