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

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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(Ancillary accommodation to Hawkswood) to permit the ancillary house to be occupied as a separate dwelling" was withdrawn prior to decision.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. 34
Planning Schedule Date: 10/08/2004 The proposal is a token effort to reduce the scale of the proposal, but would not reduce the useable scale of the building in a way that could satisfactorily be controlled. As such it would result in increased vehicular movements in line with the construction of a new dwellinghouse. As a result the application is contrary to Policy G5 in that it would result in the intensification of use of the access roads/junction leading to the property to the detriment of highway safety. Refusal is recommended. SITES INSPECTION PANEL Please refer to report on application S.04/0952/FUL for details. In compiling this recommendation we have given full consideration to all aspects of the Human Rights Act 1998 in relation to the applicant and/or the occupiers of any neighbouring or affected properties. In particular regard has been had to Article 8 of the ECHR (Right to Respect for private and family life) and the requirement to ensure that any interference with the right in this Article is both permissible and proportionate. On analysing the issues raised by the application no particular matters, other than those referred to in this report, warranted any different action to that recommended. ITEM No: 08 Application Site Address: Site No: Parish: S.04/0775/REM Grid Reference: 390237,206250 Application Type: Development: Applicant Details: Agent Details: Case Officer: Date Received: Land At, Windyridge, Bisley, Stroud 632 Bisley With Lypiatt Parish Council Approval of Reserved Matters Approval of reserved matters for the erection of 26 dwellings with associated parking and access. Westbury Homes (Holdings) Ltd Central Region, Central House, Sabre Close, Quedgeley, GL2 4NZ None Andrew Case 13.04.2004 Recommendation Resolve Not to Refuse Subject to the following conditions: 35
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Planning Schedule Date: 10/08/2004 - Stroud District Council

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