Planning Schedule Date: 10/08/2004 - Stroud District Council

Planning Schedule Date: 10/08/2004
This is resubmission of a retrospective for the retention of "auxillary accommodation", following
the previous refusal by this Council under ref. S.03/C0479/FUL and a previous appeal refusal for
very similar development on the site (ref S.02/2188).
Relevant History
Application S.97/267 for "Outline application for the erection of one dwelling" was refused on
16/4/97 and subsequently dismissed at appeal on 3/2/1998 on highway reasons. The inspector
commented at this time that no objection was raised to ancillary accommodation.
Application S.98/286 for "Outline application for the erection of ancillary accommodation to
Hawkswood" was approved on 7/4/1999 with both conditions and a Section 106 legal agreement
restricting the use to ancillary to the main dwelling.
Application 99/822 for "Erection of ancillary accommodation to Hawkswood" was substantially
reduced in scale prior to the application being approved on 28/07/1999. This was subsequently
detached from the main property by minor amendment.
Application S.99/1882 for "Removal of Condition (4) of Permission S.98/286- Outline application
for the erection of ancillary accommodation to Hawkswood. (Condition (4) states "The ancillary
accommodation hereby permitted shall not be occupied at any time other than as an extension
to, and in connection with the residential use of the dwelling known as Hawkswood".)" was
refused on 2/2/2000.
Application S.02/1791 for "Application to remove Condition 4 of Permission S.98/286 (Ancillary
accommodation to Hawkswood) to permit the ancillary house to be occupied as a separate
dwelling" was withdrawn prior to decision. The agent was informed that the building which has
been constructed on site is not in accordance with any approved development.
Application S.02/2188 for "Retrospective application for the erection of ancillary accommodation
to Hawkswood" was refused on 22/01/2003 and subsequently dismissed on appeal on 7/10/2003.
Application S.03/C0479/FUL for "Retrospective application for use of building as auxiliary
accommodation to Hawkswood" was refused.
Planning Considerations
While the application is for "auxillary" accommodation, externally it is the same external size as
that previously dismissed at appeal. The scale of the building is not reduced and the very high
eaves level that facilitates the large amount of first floor accommodation is retained. The internal
works proposed would not constitute development and could not therefore be controlled by the
planning system. Further given the applicants two previous applications to remove occupancy
conditions, there appears to be little intention to use the building for ancillary purposes. The
significant distance of the proposed building from the original dwelling means it cannot be
considered as an annexe to the main property under Policy H24 of the Stroud District Local Plan,
Revised Deposit Version (as amended June 2001) as it is not linked by internal door or doors to
the main house.
As such this application has to be re-considered against Policies H14, B4 and G5 of the Stroud
District Local Plan, Revised Deposit Version (as amended June 2001). These seek to ensure
that new housing development is of a scale, layout and design compatible with the surrounding
settlement, would not harm the character and appearance of the Conservation Area, and would
not have a detrimental effect on highway safety.
While there is no objection to location of the proposal on Conservation Area grounds, the only
access to the site is along a very poor quality road. Two appeal inspectors have upheld refusals
on highway grounds, and the situation on the surrounding road network has not changed since
this time.
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