Agenda item

The Old Vicarage, 43 Church Lane, Long Clawson

Applicant:     Mr & Mrs P & E Connor

 

Location:      The Old Vicarage, 43 Church Lane, Long Clawson

 

Proposal:      Proposed erection of 1 no dwelling in the paddock area adjoining The Old Vicarage, (resubmission of withdrawn application 17/01472/FUL)

 

(a)       The Development Manager stated that: The application proposes the erection of one new dwelling which is a resubmission of the withdrawn application 17/01472/FUL.

The site lies within the conservation area and is located to the south of Church Lane forming part of the curtilage to the Old Vicarage which is Grade II listed.

The site has a gated access from Church Lane to the North which will form the proposed access to the dwelling with the proposal being in line with the adjacent property Number 55 Church Lane.

It is considered that the proposal could be accommodated within the site without having a detrimental impact on the character of the area, neighbouring properties or highway safety and subject to condition would not be harmful to the character or appearance of the Conservation Area or adversely affect the setting of any listed building.

As such the proposal is recommended for approval as per the report.

 

 

(b)       Cllr Phillip Tillyard, on behalf of Clawson, Hose and Harby Parish Council, was invited to speak and stated that:

·         SS3 of the local plan outlines the criteria.

·         Long Clawson has planning permission for 93 houses so 1 more won’t make much difference.

·         Concerns about the distance from the listed building. Impact will be considerable.

·         In a much valued conservation area.

·         This is a protected open view and it will spoil it.

·         Pay special regard to preserve listed buildings and their settings.

·         Large for just one building.

·         In the curtilage of a listed building.

 

(c)        Alan Kenyon, on behalf of the objectors, was invited to speak and stated that:

·         He lives in the property most affected by the development.

·         Close proximity to our home.

·         Happy with orientation and layout but it needs to be further away.

 

(d)       Nick Cooper, agent for the applicant, was invited to speak and stated that:

·         Discussed concerns with officer and conservation officer.

·         In accordance with policies.

·         Village is a suitable location for small scale developments.

·         No harmful impact. Views will still be allowed. The trees are a distinctive element of street scene and will be retained.

·         Design takes account of forms and mass.

·         There are no technical or policy issues.

·         Already seen approval on west side although it has not yet been implemented.

 

A Cllr asked for clarification of the exact separation distance.

 

Mr Cooper responded that it is 4 and ½ metres which is due to the habitat of the pond and the trees to retain within the site.

 

A Cllr questioned whether this separation complied with normal practice.

 

The Development Manager stated that it is not in the realms of SS3. SS1 and SS2 are the applicable Local Plan policies. It is not a protected open view or open area as defined and protected by the Neighbourhood Plan. With regards to the separation distances, it is usually window to window with consideration of amenity. There is an orchard to the rear and a number of trees which are being kept and protected. 6 metres is not a rule.

 

Cllr Baguley proposed to refuse the application due to the Long Clawson already taking a lot of new housing and a lot on which are on Church Lane. The Borough has fulfilled the housing requirement. It is a conservation area. The benefit of 1 house on the land is limited. With regards to Policy H7, the benefits do not outweigh the harm to the listed buildings and conservation area. The character of the village is important. The presence of a house would detract from the open space.

 

Cllr Botterill seconded the proposal and noted that the orchard is a feature on that site.

 

A Cllr offered support to the refusal as there is already adequate provision in Long Clawson with the sites already approved.

 

The Assistant Director for Strategic Planning and Regulatory Services noted that the essence of the neighbourhood plan is to draw out features that are special to it and merit protection, and that this site hasn’t been included such designations in the neighbourhood plan. In the context of refusal, this position is significantly weaker than if it had been the subject of such designations.

 

A vote was taken. 6 Members voted in favour of refusal and 3 voted against refusal.

 

Planning permission refused

 

Determination: The introduction of a dwelling on this site by virtue of its location within the grounds of the Grade II listed building and historic core of the village would be harmful to the special historical character, appearance and setting of the listed building and conservation area and therefore would not comply with Policies D1 Raising the standard of design, Policy EN6 Settlement Character, Policy EN13 Heritage Assets of the adopted Melton Local Plan (2018) and The National Planning Policy Framework Chapter 16.