Agenda item

Proposed two-storey detached dwelling and garage with creation of new access (Amended Plans) on land north of 14 and between 10 and 18 Birkinstyle Lane, Shirland.

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for a two-storey detached dwelling and garage, with the creation of a new access, at land to the North of 14 and between 10 and 18 Birkinstyle Lane, Shirland. The Application involved amended plans. The Application had been referred to Committee by Local Ward Member, Councillor M Roe, who had raised concerns about it.

Planning Committee was recommended to approve the Application. The report to Committee explained the reasons for this.

Officers contended that the proposed dwelling, located on a vacant site within the Settlement Development Limits for Shirland, would be in line with the overall aims of local and national planning policy - by support sustainable development within an existing settlement. They suggested that this ought to weigh heavily in favour of approving the Application.

Although officers accepted that the proposed dwelling would be large and that it would be of an unusual design to reflect the configuration of the site, they argued that it would, nevertheless, meet the minimum requirements of the Council’s Successful Places Design Guidance Policy with regards to the privacy and amenity of both existing and future occupants. Moreover, it would be located in a mixed street scene, alongside properties with different designs. Similarly, it would be set back from the road and screening would be provided by adjoining buildings. Consequently, the new dwelling would not adversely impact the character of the area.

Before Committee considered the Application it heard from Local Ward Member, Councillor M Roe and J Pilkington, speaking on behalf of J Hardaker, who objected to the Application. No one had registered to speak in support of it.

Committee considered the Application. It took into account the location of the site within the Settlement Development Limits for Shirland. It considered the relevant local and national planning policies. These included Local Plan Policy SS2 on the distribution of Development, Local Plan Policy SS7, on the use of Unallocated Land within those settlement with defined Settlement Limits, Local Plan Policy SDC12, requiring all new developments to be of high quality design and to make a positive contribution to the quality of the local environment.  It also considered the relevant policies being prepared for the still draft Neighbourhood Plan for Shirland and Higham and the Council’s Successful Places Design Guidance Policy.

Members discussed the Application. Some Members felt that the siting, scale design and massing of the development would be inappropriate. Other Members felt that the proposed design was innovative and that the dwelling would be an appropriate use for the site. In this context Members discussed whether the proposed development would comply with all aspects of the Council’s Successful Places Design Guidance Policy and how the design of the building would be tailored to make best use of the specific vacant land site on which it would be constructed.

Some Members expressed concern that the proposed dwelling would have and adverse impact on the amenity of neighbouring properties.  Some Members felt that appropriate mitigations would be in place at address the concerns which had been raised. Other Members indicated that they would support the construction of a dwelling on the site but had reservations about whether the current proposal would be of the right scale and design for the location. 

At the conclusion of the discussion Councillor H Liggett and Councillor D Hancock moved and seconded a Motion to refuse the Application.

The Motion was put to the vote and was agreed.

RESOLVED -

That the Application be refused, contrary to officer recommendations.

Reasons

The application is considered unacceptable as by reason of the proposed dwelling’s siting, scale, size and massing it does not achieve high quality design and so would have a harmful impact on the character and general amenity of the area and therefore fails to meet the requirements of, and so is contrary to, policies SS7 and SDC12 of the North East Derbyshire Local Plan.