Agenda item

Councillors Cecile Irving-Swift, Rupert Frost and Kevin Parker, having declared an interest in the following item, left the meeting and took no part in the discussion or voting thereon.

It was proposed by Councillor David Smith and seconded by Councillor Peter Matten that Councillor David James take the Chair for the following item. With the consent of the meeting Councillor David Smith assumed the Chair.

WND/2021/0391 – WEST HADDON - CONSTRUCTION OF NEW COTTAGE DWELLING AND A DETACHED GARAGE WITH ASSOCIATED LANDSCAPING (RESUBMISSION OF PREVIOUSLY REFUSED SCHEME UNDER DA/2020/0627) -  LAND ADJ 30, WEST END, WEST HADDON, NORTHAMPTONSHIRE

The Area Planning Officer advised that it had been deemed necessary, on the advice of Counsel, to recommend that the previous decision made by the Committee in December to approve the application be rescinded, as it would be likely to be considered unlawful if a claim was made for judicial review.  Officers had engaged with the applicants following the concerns raised regarding the impact of the proposal on the trees covered by a Tree Preservation Order. Revisions had been made to the scheme and a retaining wall added to protect the tree roots and the garage repositioned. The area of open space was recognised as making a significant contribution to the conservation area and the Council had a statutory duty to consider the impact upon it. The harm to the heritage asset was considered to be substantial and outweighed the limited benefit of building a private dwelling. The character and appearance of the open space would fundamentally be changed by the loss of the land and the prominence of the two-storey dwelling and garage.

Members were advised that the recommendation needed to be altered slightly to include the word ‘Core’ in reference to the West Northamptonshire ‘Core’ Joint Strategy and the word ‘Conservation’ in the West Haddon Area ‘Conservation’ Appraisal and Management Plan.

Mr Humphreys spoke against the application as the site made a positive contribution to the conservation area and the proposed dwelling and garage would cause harm.

The Chair advised that the local member, Councillor Phil Bignell was not able to attend the meeting and had provided a written representation which was read out to the Committee. Councillor Bignell considered that the proposed house was sympathetic in design to the neighbouring properties, and that it would provide an enhancement to the village. Currently the stone wall at the boundary of the site was in a poor condition and the application would allow the wall to be rebuilt. Councillor Bignell contended that if the application were refused it would be allowed on appeal.

Mr Porter spoke in support of the application and highlighted that the Village Neighbourhood Plan did not include the site as a protected open space.

Mr Coy, the Agent, addressed the Committee and noted that the Landscape Officer had considered that the amended scheme addressed the concerns that had been raised regarding the protection of the trees.

The Area Planning Officer advised that the Neighbourhood Development Plan was part of the Development Plan and that the West Haddon Conservation Area Appraisal and Management Plan had been adopted by the Council and this set out what was historically important. The Neighbourhood Development Plan did not specify that this site was allocated for residential development. The area was identified as important open space (OS10) in the conservation area and that it made a significant contribution, enhancing the setting of the listed building opposite. The open nature of the site allowed views through to trees; this sense of openness would be reduced significantly by the proposed development.

Further to enquiries about the height of the wall in the past, the Council’s Legal Advisor advised that this was not a material consideration. Members needed to make a judgement on the affect that the development would have on the open space as it was now. 

Councillor Wendy Randall proposed the application be refused as set out in the report and as per Officer’s advice, as it was important to protect the character and appearance of the conservation area and the proposed development would have a significant impact upon it. The proposition was seconded by Councillor Jonathan Harris and on being put to the meeting was declared carried with 4 voting in favour and 2 against.

RESOLVED:

(i)         That the committee resolution of 8th December 2021 to approve the application be rescinded by reason of errors of law and revisions to the application.

(ii)        That the application be refused for the following reasons: It is considered that the proposed two storey thatched dwelling and the detached garage fronting on to the street will have a detrimental impact on the character and appearance of the Conservation Area and in particular of this piece of open space that would fundamentally change its character and appearance of the area due to the loss of the openness of the land and the prominence of the two storey dwelling and the associated double garage. The proposal would therefore conflict with policies S1 and R1 of the West Northamptonshire Joint Core Strategy, and policies SP1, RA2, ENV7 and ENV10 of the Settlements and Countryside Local Plan as well as Page 67 Agenda Item 9 policies within the West Haddon Neighbourhood Development Plan and policy OS10 of the West Haddon Area Conservation Appraisal and Management Plan as well as having regard to the Framework.

Councillor Kevin Parker returned to the meeting to assume the Chair and advise that there was no urgent business.