Agenda item

Report of the Assistant Director Planning – Community Development Services.

Considered – The Assistant Director Planning – Community Services sought determination of a planning application for the erection of a 1 no. detached dwelling at Mill Cottage, Cowling.  The application had been brought to Committee because the applicant was the partner of a member of the Craven Area Development Management Team and the applicant had an interest in the land.  The application had been deferred at the Committee’s last meeting to enable a site visit to take place.

During consideration of the above application, the Committee discussed the following issues:

1.     The potential for highways issues due to the unsatisfactory access to the proposed development.  Whilst the access already existed for current residents, Members were advised that the extra dwelling and resultant increase in traffic would compound the highways safety concerns that already existed.

2.     The LPA did not have the powers to control or enforce the use of the Colne Road access or the second access point, particularly by existing homeowners who would probably have an existing two way right of access to use their properties.

3.     The heritage consultant stated there would be fundamental harm to the significance of the Conservation Area.

4.     The trees would protect the amenity of the Conservation Area.

5.     Queries whether the site actually had historically flooded, even though the Environment Agency had identified the area as being within Flood Zone 3.

The decision:

That planning permission is REFUSED.

Voting record: Three Members voted for the motion; three Members voted against the motion.  The Chairman used his casting vote and the motion to refuse the application was carried.

Reasons for Refusal:

1.     The proposed development by virtue of its location, scale and design would create harm to the openness and the character and appearance of the Conservation Area and the dynamic views down to the valley floor of the historic core of Ickornshaw from Colne Road and the nearby public footpath.  The proposal would create ‘less than substantial harm’ and the public benefits are not considered to outweigh that harm.  The proposal is therefore contrary to Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990; Local Plan Policies ENV2, ENV3 and SP4 and Section 16 of the NPPF.

2.     The application site is located within Flood Zone 3, which is defined as having the highest probability of flooding, and in an area of high risk in terms of surface water flooding.  This has been confirmed by the Environment Agency.  The applicant has not supplied a sequential test and has not demonstrated that there are no reasonably available sites in a lower area of flood risk than the proposed development.  Nor has a suitable Flood Risk Assessment been provided.  This would conflict with paragraphs 165, 168 and 173 of the NPPF and Local Plan Policies ENV6 and SP4.

3.     The proposed development would provide a poor level amenity due to the proximity of the large trees adjacent to the site which would make the house dark with restricted light to the kitchen and bedrooms along with the rear patio area. This would be contrary to Local Plan Policy ENV3 and paragraph 135 of the NPPF.

4.     The proposed development due to its proximity to the neighbouring trees and the impact on amenity would put the trees under threat from future works.  This would be contrary to Local Plan Policies ENV3 and ENV4 and also paragraph 180 of the NPPF.

5.     The proposal would intensify the use of a poor quality access arrangement which would have the potential to create issues in terms of highways safety.   The proposed parking arrangement would exacerbate these issues as the proposal does not demonstrate that adequate turning arrangements can be provided.  This would be contrary to Local Plan Policy INF4 and paragraphs 114 and 115 of the NPPF.