Report Item 4 – 17/00355/FULL – Land at Lane End, Addison Road, Brockenhurst SO42 7SD

1. REASON FOR COMMITTEE CONSIDERATION

Contrary to Parish Council view

2. DEVELOPMENT PLAN DESIGNATION

Defined New Forest Village

3. PRINCIPAL DEVELOPMENT PLAN POLICIES

• CP1 Nature Conservation Sites of International Importance
• CP2 The Natural Environment
• CP8 Local Distinctiveness
• CP12 New Residential Development
• DP1 General Development Principles
• DP6 Design Principles
• DP9 Residential Density in the Defined Villages
• DP12 Outbuildings

4. SUPPLEMENTARY PLANNING GUIDANCE

Design Guide SPD

5. NATIONAL PLANNING POLICY FRAMEWORK

• Sec 7 - Requiring good design
• Sec 11 - Conserving and enhancing the natural environment
• Sec 6 - Delivering a wide choice of high quality homes

6. MEMBER COMMENTS

None received

7. PARISH COUNCIL COMMENTS

Brockenhurst Parish Council: Support

8. CONSULTEES

• 8.1 Highway Authority (HCC): No objection subject to conditions
• 8.2 Ecologist: The proposal would need to accord with mitigation schemes for the Solent and New Forest SPAs. Otherwise no objection subject to condition.
• 8.3 Tree Officer: Objection; the development would pose a direct threat to protected trees and result in future pressure to lop or fell the trees, which have significant amenity value.

9. REPRESENTATIONS

9.1 Two letters received from the same neighbour, one raising objections and a second letter confirming that this neighbour's concerns had been met by the developer.

10. RELEVANT HISTORY

10.1 New dwelling; parking; access alterations; partial demolition of existing dwelling; alterations to fenestration; demolition of existing outbuildings (17/00254) withdrawn on 25 April 2017

11. ASSESSMENT

11.1 Lane End is situated at the eastern end of Addison Road, close to the railway line. It currently comprises a modest bungalow, set to the west side of a generous level plot. The garden is bounded on either side by mature trees and there is a high hedgerow on the rear boundary. The front boundary is a one metre close boarded fence. There are some outbuildings on the eastern side of the garden, including a garage, store and greenhouse. A tarmac drive gives access into the garden.

11.2 Pre-application advice was sought in December 2016 for a new dwelling at the rear of Lane End, but officers raised concern relating to the restricted area of space remaining for the for the existing dwelling, and the potentially poor relationship with existing neighbours, so the plan was revised and an application was lodged to build a dwelling to the east side of the plot. This application (17/00254) was withdrawn following strong objection from the neighbour to the south and the Parish Council. The current application reverts to the original pre-application location and proposes the dwelling to the rear of the existing house. The proposed dwelling would be a relatively modest, single storey bungalow of 99 m² with a ridge height of 4.83m. The existing dwelling would be altered by the removal of a side facing window and the plot would be subdivided to provide private garden areas and a driveway and parking.

11.3 The site lies within the defined new Forest village of Brockenhurst, where, in principle, new residential development is allowed under Policy CP12. Policy DP9 requires that the residential density of the proposed development should not compromise the character of the surrounding area and Policy CP2 seeks to ensure that development would protect, maintain and enhance features of the natural environment. DP1 requires development to be appropriate and sympathetic to its surroundings, and CP1 seeks to ensure that internationally significant landscape is not threatened by development.

11.4 The guidance contained within the National Planning Policy Framework states that development shall contribute positively to making places better (para 56) and that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area (para 64). Moreover, policies DP1 and CP8 require new development to demonstrate high quality design which enhances local character and distinctiveness ensuring that development is appropriate and sympathetic in terms of scale, appearance, form and siting. Policy CP8 also seeks to specifically ensure that built development would not individually or cumulatively erode the Park's local character or result in its gradual suburbanisation. The Authority's Design Guide SPD likewise emphasises the importance of new dwellings fitting comfortably into their surroundings and respecting the spacing of the buildings and natural features.

11.5 The existing plot at Lane End is larger than those to the west and similar to the plot on the opposite side of Addison Road. It is twice the width of the plots serving the semi-detached houses in Addison Road. The subdivision of the plot in the manner proposed would retain a very restricted area of private garden for the existing dwelling with a rear garden of 10m. Existing gardens in Addison Road are at least three times this length. Furthermore, much of the eastern side of the plot would be taken up with the hoggin driveway and parking areas. It is considered that the proposed tandem layout would not accord with the prevailing layout and density of development, and would result in restricted areas of amenity space around both the proposed and existing dwellings.

11.6 A key constraint in the development of this site is the presence of substantial trees on three boundaries. These trees have high amenity value and individually and collectively enhance the locality. The trees are now subject to a Tree Preservation Order and include three individual oak trees, a group of three spruces on the west boundary and a further group of three oaks in the north east corner of the site. The proposed dwelling is shown to be in close proximity to these protected trees. A tree constraints plan has been submitted to support the application and illustrates the root protection areas (RPA) of these trees. The building footprint is shown to be as close to this theoretical protected area as possible, increasing the likelihood of root damage and soil compaction during construction. The space available for construction of the proposed dwelling, which is not constrained by the trees and their root protection area is very small.

11.7 Direct damage during construction would not be the only threat to the wellbeing of the trees. The relevant British Standard (BS 5837: 2012) states that ‘Buildings and other structures should be sited allowing adequate space for a tree’s natural development, with due consideration given to its predicted height and canopy spread.’ The position of the proposed dwelling does not take into account the expected potential growth of large species trees such as Oak and is therefore contrary to the above. In turn it is highly likely that there would be future pressure to excessively prune or remove the trees to reduce their dominance and encroachment over both the existing and proposed dwellings and the small useable gardens. Given the crown density and size of the trees, very limited light will penetrate the areas beneath these trees regardless as to the time of day. The garden of the new dwelling would be shaded by the trees in the morning and afternoon and as the private garden would lie to the north of the dwelling, it would be shaded by the dwelling itself during the day. Furthermore, two of the oaks and the group of spruce trees would limit light available to the small garden of the existing bungalow. The small north facing gardens will have very limited light for a majority of the day, again an issue that will be exacerbated as the trees grow.

11.8 The proximity of the trees would also result in seasonal nuisance from leaf fall. The trees will shed a significant number of leaves year on year and this issue would become further exaggerated as the trees grow larger. This would be likely to add to pressure to prune or fell the trees to alleviate this issue, contrary to BS 5837: 2012. Furthermore the close relationship between the building and these large trees would be likely to lead apprehension from future occupiers as to the consequences that would come from part or whole tree failure, again adding to pressure for their removal or excessive pruning.

11.9 The trees have been protected because of the contribution they make to the character and setting of the village over the long term. To allow development that would result their loss would be contrary to Policy CP2. Consent for a dwelling in this location would be likely to result in direct damage to the rooting systems as a result of building operations, and there would also be long term pressure to remove or excessively prune the trees to gain adequate living conditions for the occupiers. The removal or substantial reduction of the trees would erode the character of the plot and the wider village when viewed from both public and private vantage points, including the approach to the village by rail.

11.10 The application proposes a single storey dwelling, and there would be no risk of direct overlooking of neighbouring properties. As the gardens are long in the vicinity, the nearest neighbouring houses would be 30 metres from the dwelling. There is a substantial evergreen hedge on the rear boundary and mixed hedgerow on the west boundary, but garden hedges may not be protected through a TPO. In theory therefore the hedges could be removed at any time, which would increase the impact of the proposed dwelling from gardens to the north and west. However, it is not considered that the location of the proposed dwelling would warrant refusal of the proposal on the grounds of the impact on neighbouring residential amenity alone. The subdivision of the plot would result in significantly smaller plots when compared with others in the vicinity. It is appreciated that some dwellings in Addison Road have narrow plots but short restricted gardens do not accord with the predominant character immediately associated with the application site, contrary to Policies DP9 and CP8 of teh Core Strategy.

11.11 The site lies within 400 metres of the New Forest Special Protection Area (SPA) and Policy CP1 requires developers to demonstrate that adequate measures have been put in place to avoid or mitigate any potential adverse effects on the ecological integrity of the SPA. These measures may be covered by a legal agreement by way of a unilateral undertaking to provide a financial contribution, but no such undertaking has been received.

12. RECOMMENDATION

Refuse

Reason(s)

1. The proposed dwelling, by reason of its siting, would be out of character with the prevailing pattern of development in the vicinity resulting in a poor relationship with adjoining properties to the detriment of the character and appearance of the area. Furthermore, due to the plot size the development would result in a form of development which would be out of character with the more spacious nature of surrounding development. The proposal is there contrary to policies DP1, DP6 and CP8 of the New Forest National Park Core Strategy and Development Management Policies DPD (December 2010), Design Guide SPD, Ashurst and Colbury Village Design Statement SPD and the National Planning Policy Framework.
2. As a result of the development's layout, design, and proximity to important mature trees that are protected by a Tree Preservation Order, the proposed development would unduly threaten the long term future of these trees through likely future pressures from future occupants of the dwellings to have the trees significantly cut back or removed due to the trees' likely perceived dominance and shading effects. As such the proposal would be harmful to the visual amenities of the area contrary to policies DP1 and CP2 of the New Forest National Park Core Strategy and Development Management Policies DPD December 2010.
3. The development does not provide for any financial contributions or measures to avoid or mitigate any potential adverse impacts on the ecological integrity of the New Forest and Solent Special Protection Areas (SPAs) as required by Policies CP1 and DP15 of the New Forest National Park Authority Core Strategy and Development Management Policies DPD (2010) and the National Planning Policy Framework (2012). All residential developments within 400m of the New Forest SPA and 5.6km of the Solent SPA are required to avoid or mitigate any potential adverse additional residential impacts upon the ecological integrity of the SPAs, as set out in the Development Standards SPD (adopted September 2012).

New Forest National Park Authority

Lymington Town Hall, Avenue Road, Lymington, SO41 9ZG

Tel: 01590 646600 Fax: 01590 646666

Date: 01/06/2017

Ref: 17/00355/FULL

Scale: 1:2500