Planning Committee Minutes December 2009

8.

Mr Sergent and Mr & Mrs Edgington addressed the committee in relation to agenda item 4.1 – WD/2009/2384/F Land adjacent Hazelhurst, Church Lane, Buxted.  They raised many concerns regarding the proposed dwelling which included (1) Relocation of the previously approved dwelling to a new position on the plot which will create a loss of privacy and overlooking across the garden area of 1 The Common; (2) Removal of trees which were conditioned to remain as part of the original planning permission; (3) The addition of a double garage to the front of the property; 4 the unsightly machinery at the plot has not been removed; and (4) Due to an existing business being run from the site, the lane is becoming impassable and there are grave concerns that building works will exacerbate this situation further with existing residents forced to pay for damage done by others.

Mr Giesler addressed the meeting in relation to agenda item 4.3 - WD/2009/2427/F Bartons, Chillies Lane, Crowborough advising that at the present time, the business is being tested for viability from his home, but if successful would be moved to more suitable premises such as an industrial estate.

Mr S Giles addressed the committee in relation to agenda item 4.4 – WD/2009/2461/F Brigadoon, Etchingwood, Buxted raising a number of concerns regarding the proposal which included (1) Overdevelopment of the plot; (2) Drainage and flooding issues (3) Loss of privacy; (4) Proposed dwelling is out of keeping with the surrounding area; and (5) The removal of the existing landscaping at the site.  He clarified his points in full adding that the proposed footprint of the replacement dwelling is 150% larger than that of the existing and also extends 9m to the front and 6m to the back of the existing building line of the lane.  Furthermore the dwelling sits sideways into the plot resulting in all main living areas overlooking that of the neighbouring property, Elm Cottage. All landscaping has been erased from the site which means that the new property will now overlook neighbours to the sides and rear and opposite – when previously the site was enclosed by a mature and rural garden. The roof height is also higher than that of the neighbouring property which seems bizarre as the proposed property is described as a single storey dwelling whereas the neighbouring property is two storey. The application forms advise that the dwelling will be attached to the mains sewer – but no such sewer exists as properties in this lane feed into septic tanks the tank at Brigadoon already posing issues without such a large house being built to use it. Flooding is also an issue, specifically water run off from the site into the neighbouring property due to site level changes. Finally, Mr Giles requested that the design of the dwelling is amended to mitigate overlooking into the neighbouring property, be scaled down, moved further back into the site onto the existing footprint and the ridge height of the roof be reduced, and that section drawings be requested showing adjacent properties and in addition to a full landscaping plan given that all existing landscaping has already been removed from site.

Cllr. Rose declared a personal interest in respect of planning application WD/2009/2384/F Land adjacent Hazelhurst, Church Road, Buxted by virtue of knowing the applicant.

Cllr. Rose declared a personal interest in respect of planning application WD/2009/2402/F Totease House, Station Road, Buxted by virtue of knowing the applicant.

Application No. WD/2009/2384/F

Location: Land adjacent Hazelhurst, Church Lane, Buxted

Description: Change of design to current approval under application APP/C1435/A/05/1181760 plus new double garage and garden building

Applicant: Mr M Lewis

Agent: Scandia-Hus Ltd

Object – Recommend Refusal. Although the principle of a dwelling on the site has already been established via an appeal decision, the proposed dwelling is strongly objected to by both the Parish Council and residents local to the site.  The proposed new dwelling is two storeys – this is considered to be visually intrusive within its setting compared to the previously approved chalet bungalow.

The Parish Council very much regrets the approval on appeal considering the impact of any dwelling on the private access road over which the property is reached.  The previously approved dwelling did not present a design of any architectural merit, but was of modest size and sat better within the site than the proposed large dwelling which does not confirm to the Wealden Design Guide principles.

As detailed in the appeal inspectors decision when granting planning permission for a chalet bungalow, he states:

“It is of modest size and design and would be situated between two other houses; subject to additional landscaping, it would have very little impact on the countryside and AONB.”

The new design is not in keeping with surrounding properties, is of considerable size and the proposed balconies would overlook and be intrusive to the neighbouring property. Furthermore, the existing landscaping at the site, conditioned to remain unless otherwise approved, has been removed, thus opening up the site further to the surrounding countryside and overlooking of adjacent properties.

The proposed two storey dwelling, as now submitted could not possibly be described as ‘modest’ or ‘in keeping’ with the AONB as it is considered to be out of character with its surroundings and an overdevelopment of the site.  The relocating and repositioning of the dwelling would be overbearing and result in an unacceptable overlooking of the neighbouring property, 1 The Common, having a detrimental impact on the amenities of this property and would be an incongruous design adjacent to the two existing chalet bungalows.

Although the applicant has advised that the large barn/garage building to the rear of the site is to be removed as part of any permission, it would be replaced in part by the addition of a large new garage to the front of the property and a further incongruous garden room to the rear, thus adding to the proliferation of buildings within this sensitive site.

It is therefore considered that this development would be contrary to policies GD2, BE1 and DC16 of the Wealden NSLP and policies GD2, EN6 and DC17 of the Adopted Wealden Local Plan.

It is noted that the existing permission for a chalet bungalow as detailed above has now expired, having been given permission by the appeal inspector on 12^{th October 2005.  The result of this – it is assumed – is that the chalet bungalow cannot now be built as the five year period in which development should begin has expired and no development has commenced on site.}

^{The Parish Council would continue to argue that a new dwelling on this site is inappropriate – however given that a precedent may have been set by the appeal inspectorate, any further development should be in line with the inspectors report and should consist of a dwelling of modest size, proportion and design and be more in keeping with the previously approved chalet bungalow with much less fenestration at first floor level.}

^{If minded in any way to approve the application, WDC are requested to ensure that all existing storage buildings; commercial vehicles; and the caravan are removed from the site.  The Parish Council would also request that as part of any development on site there is a requirement for the surface of Church Lane to be reinstated/improved by the applicant as it is currently almost impassable due to the heavy commercial vehicles still visiting the proposed development site.  Additional traffic movements created by construction vehicles will only serve to exacerbate this problem requiring current local residents to carry out further work to the privately owned lane to rectify the damage done by the owners of this site. Furthermore, given that the current owners have removed all existing landscaping from the site, this and any future application should include a detailed landscaping scheme to help ameliorate any further impact of the development on the surrounding area.  It is requested that the applicant must be responsible for both the landscaping and resurfacing/reinstating of the road surface if permission is deemed appropriate either now or into the future.}

^{Application No. WD/2009/2402/F}

^{Location: Totease House, Station Road, Buxted}

^{Description: Erection of detached treble garage forming courtyard with existing residential buildings}

^{Applicant: Mr & Mrs M Duncan}

^{Agent: Downlands Design and Surveying}

^{No objection}

^{Application No. WD/2009/2427/FR}

^{Location: Bartons, Chillies Lane, Crowborough}

^{Description: Construction of addition to end of existing garage to provide pizza oven in association with pizza delivery business (retrospective application)}

^{Applicant: Mr P Giesler}

^{Agent: Mike Hill Architectural Services Ltd}

^{No objection – however the Parish Council would urge the planning authority that if minded to approve, a temporary permission only is applied to ensure minimal requirement for the business to be located within this residential area if successfully established.}

^{During consideration of the above item, the Chairman suspended Standing Orders to allow the applicant to clarify that the reasons for a retrospective application were that he approached WDC to request an extension to the existing garage, of which only part would be used for pizza making, and was advised that planning permission would be required for both the extension and change of use.}

^{Application No. WD/2009/2461/F}

^{Location: Brigadoon, Etchingwood, Buxted}

^{Description: Demolition of existing dwelling and outbuildings and the erection of new private single storey dwelling house and associated garage.}

^{Applicant: Mr D Whitting}

^{Agent: Stephen Langer Associates Ltd}

^{Object – Recommend Refusal. The proposed dwelling is strongly objected to by both the Parish Council and residents local to the site. The Parish Council consider that the proposed replacement dwelling would be visually intrusive and imposing and be detrimental to the rural character and amenities of the area as it is not in keeping with the character of the locality and does not have regard to the appearance, general design or massing of the original dwelling as required in policy DC16 of the NSLP, thus causing an unnecessary and unpleasant overdevelopment of the site.}

^{The application is unacceptable as a replacement dwelling as it is 150% larger than the existing property, Brigadoon, and proposes a relocation to a separate part of the site as well as projecting a further 9m to the front and 6m to the back of the established building line of the lane.}

^{The proposed new house is both out of character with the locality and its environment and out of scale with the existing development on the site. Moreover the roof design is of such a bulk as to suggest a future second floor potentially making the building up to 300% larger than the existing modest bungalow. It should also be noted that although described as a single storey dwelling, the roof height is actually higher than that of the neighbouring property, Elm Cottage, which is a two storey dwelling.}

^{All existing properties in the lane, including Brigadoon, are positioned with the front of the property facing the road, however, the proposed dwelling has been located within the plot side-on and as such the south elevation that provides all daily living accommodation will face the neighbouring property, Elm Cottage, thus creating an unacceptable lack of privacy. Particularly given that the applicant has raised to the ground all landscaping.}

^{The application forms advise that the dwelling will be attached to the mains sewer – but no such sewer exists as properties in this lane feed into septic tanks and it is understood from local residents that the existing tank to Brigadoon has difficulty coping with the modest bungalow let alone a proposed dwelling with many more drainage requirements.  Flooding is also an issue, specifically water run off from the site into the neighbouring property, Elm Cottage.}

^{The Parish Council would also draw the officer’s attention to the fact that the current owners of the site have already removed all existing landscaping surrounding Brigadoon, but no landscaping scheme has been submitted with the application.  Furthermore, the Parish Council was interested to note the agent has described the design of the dwelling as in the style of Decimus Burton’s arts and crafts however no example of ‘bungalow’ design by Decimus Burton has been identified by any member of the planning committee nor is Decimus Burton local vernacular to this area.}

^{Finally it is unfortunate that WDC did not notify all local residents affected by the proposed development as not all neighbours were fortunate enough to see the site notice and may have missed the opportunity to comment on the application.}

^{On balance, the Parish Council therefore consider that the proposed dwelling is contrary to policies GD2, BE1 and DC16 of the Wealden NSLP and policies GD2, EN6 and DC18 of the Adopted Wealden Local Plan.}

^{The Parish Council urge WDC to refuse this application, but if in any way they might be minded to approve this application, or if a further application is submitted in the future, it is requested that the size of the property is scaled down to be more in keeping with the existing property; it is located on the existing footprint and not rotated on the site; any privacy issues with neighbouring properties is mitigated against so as not to cause overlooking of any neighbours; the roof height is lowered; cross sections drawings are submitted showing the differentials in levels at the site and in relation to surrounding properties; and a full landscaping scheme is submitted.}

None this meeting.

None this meeting.

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