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APPLICATION NO. |
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SITE |
Fourwinds, 26 Bagley Wood Road, Kennington, Oxford, OX1 5LY |
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PARISH |
KENNINGTON |
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PROPOSAL |
Proposed erection of a new detached dwelling with associated parking and amenity space within curtilage of existing house served by a vehicular/pedestrian access. External alterations to existing dwellinghouse 26 Bagley Wood Road. (Amended plans received 18 December 2020- reducing the height of the boundary fence, additional levels plan)
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WARD MEMBER(S) |
Bob Johnston Diana Lugova |
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APPLICANT |
Mr J Lynch |
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OFFICER |
Abbie Barnes |
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RECOMMENDATION |
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It is recommended that authority to grant planning permission is delegated to the Head of Planning Services, subject to the completion of a section 106 agreement, and subject to the following conditions:
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Standard 1. Commencement of development within three years 2. Development in accordance with approved plans
Pre-commencement 1. Details of materials to be submitted 2. Landscaping scheme submission 3. Surface water drainage 4. Foul water drainage 5. Construction traffic management plan
Pre-occupation 1. Obscure glazing to new first floor northern window 2. Obscure glazing to existing eastern dormer on existing dwelling 3. Removal of existing dormer on eastern elevation on existing dwelling 4. Car parking in accordance with approved plan 5. Boundary treatments in accordance with approved plan
Informative 1. CIL 2. Wild bird informative 3. Works within the highway
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This application is referred to committee at the request of Local Ward Councillor Bob Johnston.
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1.2 |
The site lies on the western side of Bagley Wood Road and is located within the main built up area of Kennington. The site does not lie within the Oxford Green Belt, an Area of Outstanding Natural Beauty or a Conservation Area. The plot is bordered to the north, south, and west by existing neighbouring dwellings with its eastern boundary formed by Bagley Wood Road with houses located on the opposite side. The site is currently well screened by existing vegetation. Bagley Wood Road is a single-width road with no formal footways.
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1.3 |
The existing site is the front garden of no.26 Bagley Wood Road. Existing development along Bagley Wood Road is extremely varied in terms of plot size, design and siting with some dwellings set back within the plot whilst others are built close to the road frontage. Building type are varied consisting of bungalows, chalet bungalows and two storey houses. The site gradually slopes up from the east to the west by approximately 3.4 metres. The existing property is served by an extant access located to the southern side of the property.
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1.4 |
A site location map is provided below:
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1.5 |
The application is seeking planning permission for the erection of a three-bedroom detached dwelling within the existing frontage of no.26 Bagley Wood Road. The existing dwelling would remain and the existing access drive down the southern side would be shared to serve both dwellings. The existing slope would be flattened to lower the proposed house relative to the existing one. Amended plans were received on18 December 2020 which reduced the height of the proposed boundary fence on the southern side and an additional plan received providing additional site level details. The application plans are attached at Appendix 1.
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1
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Below is a summary of the responses received to both the original plans and the amendments. A full copy of all the comments made can be viewed online at www.whitehorsedc.gov.uk
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Kennington Parish Council |
The Parish Council objects as follows: “Kennington Parish Council objects to this application as the proposed development for an additional dwelling would result in a development which is not compatible with, or sympathetic to the grain and character of the surrounding area. It would create a cramped pattern of development which would be harmful to the established appearance and character of the area. The proposal is contrary to policy CP37 of the adopted Vale of White Horse Local Plan 2031 Part one, to the adopted Design Guide 2015, and to the provisions of the National Planning Policy Framework”.
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Neighbour comments |
2 households object on the following grounds: · Over-looking from the proposed front windows · Impact on the rural character and appearance of the road · Impact on highway safety and pedestrians · Ensure an appropriate boundary treatment · Impact on wildlife · Construction hours
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Highway Liaison Officer (Oxfordshire County Council) |
No objections subject to planning conditions and the signing of a section 106 agreement to maintain visibility splays on neighbour’s land. |
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Drainage Engineer |
No objection subject to conditions |
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Contaminated Land |
No objections
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Countryside Officer |
No objections subject to condition
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Forestry Team |
No objection
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P17/V1274/HH - Approved (06/07/2017) Rear extension and rebuild garage replacing flat roof with pitched roof.
P05/V0703 - Approved (05/07/2005) New dormer windows
P99/V1284 - Approved (16/12/1999) Two storey extension to rear.
P96/V0837 - Approved (20/08/1996) Loft conversion, porch and double garage.
P91/V0026 - Refused (07/03/1991) - Appeal allowed (23/07/1991) Erection of a 3 bedroom single storey dwelling with new access to highway. New passing place for public highway.
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3.2 |
Pre-application History P20/V1338/PEM - (06/07/2020) Proposed erection of a new detached dwelling with associated parking and amenity space within curtilage of existing house served by a separate vehicular/pedestrian access. External alterations to existing house.
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
This proposal does not fall within one of the identified classes of development in Schedule 2 of the EIA regulations and is not in a sensitive area. A screening opinion under the Regulations is therefore not required.
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5.0 |
MAIN ISSUES The relevant planning considerations are: · Principle · Design and layout · Residential Amenity · Trees and Landscaping · Flood risk and drainage · Biodiversity · Access and Parking · Section 106 agreement · CIL
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5.1 |
Principle Core Policy 3 of LPP1 classifies the settlements according to their role and function. Core Policy 4 of LLP1 specifies the scale and location of new housing ensuring development is built in the most appropriate locations.
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5.2 |
Core Policy 4 sets out how the housing need will be met by allocated and unallocated sites. Part of the housing need is to be supplied by small ‘windfall’ or unallocated sites and these contribute to maintaining the council’s five year supply of housing. This policy gives a presumption in favour of sustainable development within the existing built up areas of market towns, local service centres and larger villages, as these have been identified as the more sustainable locations within the district. The proposal would comply with this policy on housing need.
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5.3
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Kennington is classed as a larger village in the Local Plan, therefore new dwellings are acceptable in principle within the built-up area under policy CP4. The principle of development is therefore acceptable, subject to details which will be considered below.
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5.4 |
Design and Layout Core Policy 37 of LPP1 requires new development to be of a high-quality design that is visually attractive and the scale, height, massing and details are appropriate for the site and surrounding area. The government also attaches great importance to the design of the built environment. Paragraph 124 of the NPPF states that “Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities”. Paragraph 127 of the NPPF states that decisions should ensure that developments will add to the overall quality of the area, are visually attractive as a result of good architecture, and are sympathetic to local character.
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5.5 |
The council’s Design Guide provides a further guidance on how to achieve high quality, well-designed homes such as identifying the context of the site and how this should inform the development. Section 6 of the Design Guide sets out the design approach that should be adopted when designing buildings in rural and lower density areas. This includes principles such as the scale, form and massing of buildings (DG79) and boundary treatments (DG81).
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5.6 |
The site currently comprises of a single dwelling which is situated in a relatively spacious plot. Bagley Wood Road is characterised by a variety of plot sizes, designs and siting with some dwellings set back within the plot whilst others are built close to the road frontage. There is a variety of dwelling types consisting of bungalows, chalet bungalows and two storey houses. Taking into consideration the above it is considered that there is no definitive or consistent pattern of development. Although the proposed dwelling would be positioned closer to the road than the existing dwelling and the neighbouring dwelling located to the south, there are various other dwellings along Bagley Wood Road that are located in a similar location or closer to the frontage than the proposed.
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5.7 |
The site gradually slopes up from the road (east to the west) by approximately 3.4 metres. To ensure its overall scale and height is in-keeping, the height of the proposed dwelling has been designed with a similar height to the existing properties along the street. The site levels would be lowered to a flatter profile to accommodate the proposed dwelling, which would reduce the impact of the dwelling when viewed from the road. It will also retain an appropriate relationship between the existing dwelling and neighbouring properties.
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5.8 |
The proposed dwelling would be of a traditional design and form and would be constructed using timber cladding, stone and plain clay tiles. A condition has been imposed to request full details of the materials. The materials are considered to be in keeping with the wider area. The proposed design will incorporate a front projecting gable set down lower than the main roof ridge. The front elevation will be broken up by introducing a single storey side aspect. Juliet balconies are proposed on the front elevation with full height glazing and a Juliet balcony to the rear elevation. The dwelling would be positioned on the plot within an appropriate distance and relationship from the existing properties located to the north and south. The dwelling will be located approximately 3.0 metres from the neighbour’s flank elevation to the northern side boundary and over 8.0 metres from the southern side boundary. This will ensure that an element of space is retained around the proposed dwelling.
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5.9 |
Overall, it is considered that the scale, form and massing of the proposed dwelling is acceptable in design terms, and the dwelling will not appear out of place within the street scene or harm the visual amenity of the area.
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5.10 |
Residential Amenity Policy DP23 of LPP2 seeks to ensure developments do not result in significant adverse impacts on the amenity of neighbouring uses. The council’s Design Guide SPD 2015 seeks any direct facing windows should be at least 21 metres apart to ensure no harm to privacy. A minimum distance of 12m is recommended between habitable windows and flank walls.
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5.11 |
The nearest neighbouring property that will be affected by the proposal is no.24 Bagley Wood Road with the existing flank elevation located approximately 3.0 metres to the northern side of the proposal. There are no proposed first floor windows which would cause harm by overlooking no.24. The first-floor window in the northern elevation will serve a proposed en-suite. It is small and would be obscure glazed. A condition has been imposed to ensure the window is obscured.
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5.12
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The existing front (east) facing windows in no.24 serve a living room area. Officers acknowledge that the proposed front projecting gable will partially encroach on the 40-degree line to the southernmost ground floor window serving no.24. However, currently, the side boundary to no.24 is made up of a dense, tall conifer hedge which restricts existing sunlight to the front of number windows of no.24. It is proposed to remove the existing hedge and replace with a new native hedge and 1.8 metre high timber fence. A condition for which has been imposed to secure further details.
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5.13 |
Officer’s consider that the removal of the hedge will offer an improved relationship in terms of the sunlight available to the no.24’s front windows which more than compensates for the slight infringement of the 40-degree rule.
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5.14 |
In terms of any potential over-looking from the proposed front windows, the adjacent properties on the opposite side of the road are located over 21 metres away from the front elevation of the proposed dwelling. This relationship is considered acceptable and complies with the advice contained within the council’s Design Guide 2015.
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5.15 |
The existing dwelling no.26 Bagley Wood Road would be located approximately 15 metres away from the proposed dwelling. Although this is less than the standard of 21 metres, which is designed to avoid harm from mutual overlooking into principal windows, the proposal has been carefully designed to prevent this harm from occurring. The proposed change in levels and intervening boundary treatment will prevent overlooking from the new dwelling into principal windows of no.26. In addition, the proposal includes minor changes to no.26, including the removal of front facing dormer window, the obscure glazing of another, and insertion of rooflights, to ensure there would be no harmful over-looking of principal windows in the new dwelling. A condition has been imposed to ensure the changes are implemented prior to the first occupation of the new dwelling.
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5.16 |
There is adequate distance between the two dwellings to ensure neither building would be harmfully overshadowed. The private garden of the existing dwelling would be located to the rear and would measure in excess of 300 sq. m. The new dwelling would have a private garden which would measure approximately 190 sq. m. Both of which comply with amenity standards as set out within the Design Guide.
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5.17 |
Overall officers are satisfied the development would not result in harm to the amenities of neighbouring properties. It would therefore comply with Development Policy DP23 and Neighbourhood Plan Policy H1, as well as with the council’s Design Guide SPD 2015.
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5.18 |
Trees and Landscaping Core Policy 44 of LPP1 seeks to protect key features, such as trees, that contribute to the nature and quality of the District’s landscape, from harmful development and where possibly enhanced.
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5.19 |
Concerns have been raised by the neighbouring property closest to the proposed dwelling (no.24) in relation to proposed boundary treatments and landscaping on the northern side. It is proposed to remove the existing front vegetation and hedge on the northern side boundary. The existing timber fence and vegetation to the front of the site is to be replaced with a 1.2-metre-high post and rail timber fence and replacement planting. The 1.2-metre-high fence will continue along part of the northern side boundary with new native hedge planting, then step up to a 1.8-metre-high close boarded fence. To the southern side boundary a 1.2-metre-high close boarded fence is proposed which will step up to a 1.8-metre-high close boarded fence. The front parts of the site include low fencing to ensure the openness of the site is retained.
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5.20 |
The Forestry Officer does not consider that any trees of arboricultural merit will be affected by the proposed development.
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5.21 |
Details of the new planting are required to be submitted, and it is considered reasonable and necessary to secure these details by way of a condition.
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5.22 |
Flood risk and drainage Core Policy 42 of LPP1 seeks to ensure that development provides appropriate measures for the management of surface water as an essential element of reducing future flood risk to both the site and its surroundings.
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5.23 |
The site is not located within a flood zone and is therefore not considered to be at risk from flooding. The council’s Drainage Engineer has raised no objections to the proposal. To ensure an appropriate drainage scheme is implemented, it is considered reasonable and necessary to condition this.
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5.24 |
Biodiversity Core Policy 46 of LPP1 seeks to protect and enhance biodiversity across the district.
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5.25 |
There are no known ecological constraints on the application site. The proposed development will result in the loss of garden vegetation. To compensate for the loss of this habitat, it is considered appropriate to impose a compliance condition which requests that a single integrated bat box, is installed in the southern elevation of the proposed dwelling at a height of no less than 4 metres.
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5.26 |
As such, the council’s Countryside Officer has raised no objections to the proposed development. The applicant will be advised of the protection of wild birds and their nests through an informative.
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5.27 |
Access and Parking Policies CP33 and CP35 of LPP1, and DP16 of LPP2, seek to ensure that the impacts of new development on the strategic and local road network are minimised, adequate parking is delivered, and provision made for servicing and vehicle turning. Paragraph 109 of the NPPF states that development should only be refused on highways grounds if here would be an unacceptable impact on highway safety or the residual impact on the road network would be severe.
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5.28 |
The application site is located within a relatively sustainable larger village as defined in the Local Plan. Car parking for three vehicles that meets standards is proposed to the front of the property along with the required turning space. The Highways Liaison Officer has raised no objections to the proposal subject to conditions, one of which, in light of the constrained nature of Bagley Wood Road, is a construction traffic management plan.
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5.29 |
This application is accompanied by a highways statement and a car parking plan. The existing access requires improvement to ensure that adequate and safe visibility splays are provided. To the south the proposed visibility splay passes over neighbour’s land to the southwest. This means a condition cannot be used to control the splay. After discussions between officers and the applicant, it has been agreed that a section 106 legal agreement can be used to ensure the splay is provided and retained for the future. The officer recommendation is for delegation of authority to grant planning permission to the Head of Planning subject to the completion of the legal agreement.
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5.30 |
Community Infrastructure Levy As the proposed development involves the erection of a new dwelling, the proposal is fully liable for CIL.
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5.31 |
Pre-commencement conditions These have been agreed with the agent in accordance with Section 100ZA (6) of the Town and Country Planning Act 1990
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6.0 |
CONCLUSION |
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6.1 |
The site is located within Kennington, designated as a larger village due to its level of services and facilities it offers. Larger villages are considered acceptable locations for new housing development.
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6.2 |
The site is within the built-up area and the amended scheme is considered acceptable in terms of its impact on the character of the area and on neighbouring residents. There are no objections from technical consultees. Therefore on this basis officers recommend the application for approval.
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6.3 |
A section 106 agreement to ensure that the visibility splay to the south is maintained and kept free from obstruction is considered necessary to make the development acceptable in planning terms and is fairly and reasonably related in scale and kind to the development.
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The following planning policies have been taken into account: |
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Development Plan Policies
Vale of White Horse Local Plan 2031 Part 1 (LPP1) Policies: CP01 - Presumption in Favour of Sustainable Development CP03 - Settlement Hierarchy CP04 - Meeting Our Housing Needs CP20 - Spatial Strategy for Western Vale Sub-Area CP22 - Housing Mix CP23 - Housing Density CP33 - Promoting Sustainable Transport and Accessibility CP35 - Promoting Public Transport, Cycling and Walking CP37 - Design and Local Distinctiveness CP42 - Flood Risk CP44 - Landscape CP46 - Conservation and Improvement of Biodiversity
Vale of White Horse Local Plan 2031 Part 2 (LPP2) Policies: DP02 - Space Standards DP16 - Access DP23 - Impact of Development on Amenity DP28 - Waste Collection and Recycling
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Neighbourhood plan Kennington Parish Council do not currently have an adopted neighbourhood plan.
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Supplementary Planning Guidance/Documents Vale of White Horse Design Guide 2015
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National Planning Policy Framework and Planning Practice Guidance
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Other Relevant Legislation Due regard has been had to the following legislation; · Community & Infrastructure Levy Legislation · Human Rights Act 1998 · Section 149 of the Equality Act 2010 · Section 17 of the Crime and Disorder Act 1998 · Town and Country Planning (Development Management Procedure) (England) Order 2015 (amended)
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Author: Abbie Barnes Email: abbie.barnes@southandvale.gov.uk
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