Supporting Planning, Design and Access StatementClient: Mr and Mrs Heath

Location: Heathfield Cottage, Utkinton Road, Cotebrook, CW6 0JH

CHAPTER 1: INTRODUCTION

1. The Proposal

Proposed: Replacement Dwelling (includes demolition of existing cottage)

The following are images of the existing sandstone and slate property to be demolished:

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2. Location

Cotebrook is a linear settlement that forms a spider’s web of roads and lanes that cross the rolling Cheshire farmland, linking it to Chester 12 miles away westwards, Winsford to the east, and Tarporley just five minutes’ drive south west along the A49.

There is a mix of modern houses, converted barns and older/ traditional cottages and farmhouses.

The settlement of Cotebrook as described is located on and around the A49 road as shown in the below ordnance survey extract and lies only 5 minutes from Tarporley and circa 20 minutes from the thriving city centre of Chester.

3. Sustainability

The wider accessibility and sustainability of the site has been subject of a detailed examination of which we are of the conclusion that Cotebrook is a sustainable location.

SERVICES

Whilst the service is limited, Cotebrook is served by a flexible shuttle bus service operated by Cheshire West and Chester Council that links Cotebrook to Northwich and Winsford and Tarporley via Eaton, Utkinton and Sandiway

Other accessible facilities are:

Cotebrook Village hall 0.1 miles

http://www.cotebrookvillagehall.co.uk/pre school and nursery (Monday to Friday 8.15 to 3pm)

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Infinity Dance (every Wednesday and Thursday)Zumba Orchestra

The website provides full extent of activities and events held at the newly refurbished facilities.

St Johns Church 0.1 mile

Cotebrook café 0.2 mile

Hairdresser and barbers 0.2 mile

Accountants 0.2 mile

Fox and barrel Public house 0.4 miles

Cotebrook Shire Horse Centre and Café 0.3 miles

The Alvanley Arms 0.3 miles

Oulton Park 1.6 miles ( by Car) 1.6 miles ( on Foot)

St of Tarporley, Garage, Petrol and Mechanics, local convenience store and Indian take away 0.7 miles

Cheshire Polo Ground (second ground) 0.7 miles

MacDonald’s hotel, spa, restaurant, gym and swimming pool 2.3 miles ( all paved)

Egerton Arms, Little Budworth 1.8 miles

Cricket Pitch Little Budworth 1.8 miles

Eaton 1.7 miles ( Eaton Primary School 1.7 miles)

Utkinton 1.7 miles by road to Rose Farm Shop (1.7 miles by Footpath) Utkinton School 1.9 miles, Village Hall 1.8 miles

Utkinton has numerous facilities for day to day requirements at Rose Farm Shop including banking and post office, farm shop and florist, café notwithstanding being deemed a local service Centre

Tarporley (post Office – Centre of the Village) 2.5 miles (all paved)

Tarporley has numerous facilities for day to day requirements and is deemed a Key Service Centre

Fishpool Inn 1.2 miles

Caravan and Camping 1 miles

Delamere Station 3.4 miles Delamere Forest 3.4 miles

Sandiway / Cuddington / Blakemere Craft Centre and Village (Pavement all the way to each settlement and Shell Garage(4 miles)

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Post Box 0.4 miles (Junction of Tarporley Road, Utkinton Lane and Oulton Mill Lane)

Park, Playground area (located of Oulton Mill Road) 0.2 miles (on foot)

Schools

The site has good access to available primary, secondary and nursery facilities including the catchment area of Tarporley High School and sixth Form College (4 miles)

Buses are available for access to the High School and also to The Grange School, John Deane’s Collage and Abbey Gate

Cotebrook has its own preschool open 5 days a week.

Nearest Primary School is Utkinton and Eaton 1.7miles)

Bus

Cheshire West Flexi Shuttle Bus is available Monday to Friday between 8am and 5pm with 24 hours advance notice (See attached)

Community Bus Service (Tuesday and Thursday between 9.30 and 2.30pm) travels all wards around Tarporley to Utkinton Rose Farm Shop and Cheshire Oaks.

Footpaths

The site offers ample connection on foot by bike and riding to local villages and settlements.

The property is located on the National Cycle Route

In addition, Briscoes Dairy, a local independent milkman, provides daily/weekly deliveries of all goods to residents. Tarvin News (local newsagent, post office and convenience store) also supplements daily newspaper rounds to the applicants and other occupants of Cotebrook and surrounding settlements.

Whilst nationally major supermarkets such as Tesco, Sainsburys and Asda deliver regularly to the Village following online shopping requests.

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CHAPTER 2: DESIGN

See accompanying drawings

4. Layout

The site is already an established development and the natural topography is to be retained.

The proposed replacement dwelling is to be orientated to front the highway, moved 10 meters from the extant front print to detached the new residence from Utkinton Lodge and associated farm buildings.

The proposed revised site is within the extant residential curtilage.

5. The Use

The use of the site as existing is residential. The proposed use is residential – remain a private residence.

6. Scale & Massing

Full detail can be observed from accompanying drawings however we highlight that an inspection is critical to show how the proposal has grown.

We highlight that the property has the ability to encompass the proposal with ease and minimal disruption or impact on this rural vernacular due to the variation in levels as existing.

The proposed replacement dwelling will provide a more conducive designed for fruition and a more economical and sustainable construction that meets the family needs and also in line with NPPF “good design” , ENV 6 and H10 of the Local Plan and Former Vale Royal Plan.

7. Materials

Existing finishes are as follows:

Roof: SlateWalls: Sandstone and BrickWindows and Door: UPVC. Wood Door

Proposed Finished/ External Materials are as follows:

Roof SlateWalls Facing BrickDoors Painted TimberSoffits and Fascia UPVC.

The scheme ensures appropriate design and construction to match the existing built environment, complement the extant vernacular.

The existing wall to the rear of the building Is to be retained and also the wall fronting the highway is to be retained to ensure privacy by future occupants.

8. Amount

The extant property 188 sq m

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The proposed dwelling footprint 175.14 sq m

Variation:

Original v Proposed - 12.86 sq m (0.06 % reduction)

This reduction is prior to considering any permitted development rights the property may withhold.

In terms of accommodation

As existing, Heathfield Cottage extends to three bedrooms, lounge, dining room, kitchen and utility.

The proposed replacement dwelling will provide the same accommodation, a three bedroom detached property.

9. Landscaping

No alteration to the residential and amenity area. The footprint of the extant dwelling will provide a new parking and turning area to eliminate any increase of hard landscaping. The whole residential area will be laid to garden with fruit tree planted and new post and rail fence to the boundary. One access closed and new hedge planted to front the highway. To the periphery of the dwelling the applicant proposes paved access and patio areas.

See accompanying drawing for full landscape details

10. Parking

No alteration

The site has provision for three parking spaces this is in line with STRAT 10, parking and access.

The property at present has two existing access points of which as part of the development one access will be closed. As shown on plan.

The proposed parking and turning area is to be located on the footprint of the dwelling to be demolished.

11. Drainage

No change. To connect to existing connections and shall remain conveniently accessible for maintenance or emergency drainage works. There are no utility constraints to this site and all exterior hard surfaces are to be permeable.

12. Services

The units will connect to existing services, mains water and electricity.

13. Security/surveillance

The approved scheme has been designed with security and surveillance in mind, orientated to enhance security and natural surveillance to reduce any risk of crime and antisocial behaviour.

14. Noise

The proposed site will not be affected by noise other than from existing sources.

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CHAPTER 3: PLANNING POLICY

In accordance with section 38 (part 3) of the Planning and Compulsory Purchase Act 2004, there is a requirement for all applications requiring planning permission to be considered in light of the Development Plan unless material circumstances indicate otherwise.

The Government published its version of the National Planning Policy Framework (NPPF) on 24 July 2018 whereby it’s stated that the policies written within this framework apply from the day of publication. The NPPF main objective is to achieve sustainable development and has a presumption in favour of sustainable development whilst asks decision makers to approve development proposals that accord with the development plan without delay.

Sustainable development is defined as “meeting the needs of the present without compromising the ability of future generations to meet their own needs” therefore; the purpose of the planning system and NPPF is to contribute to the achievement of sustainable developments.

The adopted development plan relevant to the proposed scheme comprises:

• Cheshire West and Chester Local Plan (Part One) Vale Royal Local Plan (Saved Policies)

The Cheshire West and Chester Local Plan (Part Two) will set out the non-strategic allocations and detailed policies following on from the strategic framework set out in the Local Plan (Part One), and as such, although it has not yet been adopted it has formed a consideration when developing this proposal.

15. NATIONAL POLICY (NATIONAL PLANNING POLICY FRAMEWORK)

The government’s publication of the NPPF was done with the aim of consolidating the suite of Planning Policy Statements, Circulars and guidance notes as well as a raft of ‘Letters to Chief Planning Officers’ into a single concise document. Following its publication this document now forms the statutory and actual planning policy guidance against which applications for new developments must be assessed.

At paragraph 1, the introduction to the NPPF states:

“The National Planning Policy Framework set out the Government’s planning policies for England and how these are expected to be applied. It provides a framework within which locally-prepared plans for housing and other development can be produced.”

Paragraph 2 makes clear that the NPPF is a material consideration in planning decisions:

“Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise [in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004 and section 70(2) of the Town and Country Planning Act 1990.]”

In his Ministerial Foreword Right Hon Greg Clarke MP stated that:

“The purpose of planning is to help achieve sustainable development. Sustainable means ensuring that better lives for ourselves don’t mean worse lives for future generations. We must house a rising population, which is living longer and wants to make new choices. We must respond to the changes that new technologies offer us. Sustainable development is about change for the better, and not only in our built environment.”

His introduction continues:

“So sustainable development is about positive growth – making economic, environmental and social progress for this and future generations. The planning system is about helping to make this happen. Development that is sustainable should go ahead, without delay – a presumption in favour of sustainable development that is the basis for every plan, and every decision.”

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DELIVERING SUSTAINABLE DEVELOPMENT

The NPPF approach has simplified the assessment attached for such proposals through establishing a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking.

Its three-dimensional approach; economic, social and environmental role, in brief:

• Economic – contributing to building a strong, responsive and competitive economy by supporting growth by ensuring sufficient land of the right type is available in the right place and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure.

• Social – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations, reflective of need of present and future generations; and by creating a high quality built environment with accessible local services that reflect the community’s need and support its health, social and cultural well-being; and;

• Environmental - seek positive improvements in the quality of the built, natural and historic environment.

To deliver sustainable development, the Framework sets out guidance under a number of policy areas. Those of relevance to this application include:

• Building a Strong, Competitive Economy – by securing sustainable development and supporting economic growth through the planning system.

• Maintaining Supply and Delivery – by boosting significantly the supply of housing and providing as a minimum a five year supply of specific “deliverable” sites including a 5% or 20% buffer depending upon past performance.

• Achieving well-designed places – by ensuring that developments add to the overall quality of the area, are visually attractive, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to the local character, create safe and accessible environments and are visually attractive.

• Promoting Healthy and Safe Communities – by encouraging developments to facilitate social interaction and the creation of healthy and inclusive communities.

• Protecting Green Belt Land – by preventing urban sprawl by keeping land permanently open and planning positively to enhance the beneficial use of the Green Belt.

• Meeting the Challenge of Climate Change, Flooding and Coast Change – by reducing greenhouse gas emissions, minimising vulnerability to flooding, providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure.

• Conserving and Enhancing the Natural Environment – by protecting and enhancing valued landscapes and minimising the impact of development on biodiversity including providing appropriate mitigation where necessary.

The NPPF supports the reuse of rural buildings and supports replacement schemes such as proposed and based on the content of the NPPF it is our view that the NPPF affords significant support to the proposal. Furthermore, the proposal is a sustainable development in accordance with the Local Development Plan.

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DECISION MAKING

Paragraph 9 of the NPPF states that planning policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so should take local circumstances into account, to reflect the character, needs and opportunities of each area. So that sustainable development is pursued in a positive way.

With regards to decision taking, Local Authorities should approve development proposals that accord with an up-to-date development plan without delay; and where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, permission should be granted unless:

“The application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the framework taken as a whole.”

Paragraph 38 of the NPPF states that:-

“Local planning authorities should approach decisions on proposed development in a positive and creative way. They should use the full range of planning tools available, including brownfield registers and permission in principle, and work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible.”

This approach is reinforced in paragraph 11, whereby it stated that the LPA are advised that they should positively seek opportunities to meet the development needs of their area, and be sufficiently flexible to adapt to rapid change.

The proposal reacts to the content of the NPPF and these overreaching principles which focuses on significant development in locations which are or can be made sustainable to encourage not impede. With particular reference to rural areas, the scheme will enhance the immediate setting; raise design standards sensitively to the defining characteristics of the local area.

The proposal will result in the conversion of an existing building, which would enhance the immediate setting and bring back into use a currently disused building which is capable of conversion without major alteration which is in line with paragraph 146, of the NPPF. The proposal is considered to be acceptable in line with relevant planning policies.

DELIVERING SUFFICIENT SUPPLY OF HOMES

Section 5 ‘Delivering sufficient supply of homes’ refers to the “Government’s objective of significantly boosting the supply of homes.”

Paragraph 79 provides explicit support for this scheme as the proposal re-uses redundant buildings and enhances not only the barn's immediate setting but the wider character of the farmstead.

ACHIEVING WELL-DESIGNED PLACES

Paragraph 124 confirms that the Government attaches great importance to the design of the built environment and that good design is fundamental to sustainable development and to what the planning and development process aims to achieve.

Paragraph 127 goes on to sets out a number of considerations for plan-making and decision-taking to ensure that developments:

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• Establish a strong sense of place;• Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of

uses (including the incorporation of green and other public space) and support local facilities and transport networks;

• Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation;

• Create safe and accessible environments;• Are visually attractive as a result of good architecture and appropriate landscaping.

The proposed scheme is in adherence to criteria set within the NPPF.

CONSERVING AND ENHANCING THE NATURAL ENVIRONMENT

The NPPF stresses the need to enhance the natural and local environment and minimise pollution. The protection of valued landscapes is also embodied in the Framework as is the need to minimise the impact of development on biodiversity. Therefore, the effective re-use of previously developed land is to be encouraged provided this is not of high environmental value.

Local Planning Authorities are also required under paragraph 170 of the Framework to take account of the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.

The following section of this Statement summarises the relevant adopted and emerging local planning policy and appraises the proposals against the relevant national and local planning guidance.

CHESHIRE WEST AND CHESTER UNITARY AUTHORITY

LOCAL DEVELOPMENT FRAMEWORK

Cheshire West & Chester Local Development Framework was adopted on 29 th January 2015 therefore applications and appeals will now be determined in line with this framework.

In particular policy noted from the proposed document is as follows:

16. Cheshire West and Chester Local Plan

o STRAT 1 Sustainable Development

The Local Plan seeks to enable development that improves and meets the economic, social and environmental objectives of the borough in line with the presumption in favour of sustainable development. Proposals that are in accordance with relevant policies in the Plan and support the following sustainable development principles will be approved without delay, unless material considerations indicate otherwise.

o STRAT 8

Within the rural area the Council will support development that serves local needs in the most accessible and sustainable locations to sustain vibrant rural communities.

Development should be appropriate in scale and design to conserve each settlement’s character and setting. The retention of rural shops and community facilities, and the provision of new facilities at an appropriate scale to the settlement, will be supported.

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The borough has an extensive rural area with numerous settlements ranging from market towns to small hamlets. The Plan aims to support thriving rural communities whilst protecting the intrinsic character and beauty of the countryside.

Delivery of new development in particular housing, will be directed to the most sustainable locations in the rural area identified as key service centres; the proposed unit is located on the edge of a key service centre.

Development in rural settlements, particularly extensions to the built form of a settlement, should be of a scale and design that respects the character and rural setting of a settlement. Communities, through neighbourhood plans and Village Design Statements, will be encouraged to identify those features that contribute to character.

o STRAT 9 Green Belt and Countryside

The intrinsic character and beauty of the Cheshire countryside will be protected by restricting development to that which requires a countryside location and cannot be accommodated within identified settlements unless by the means of the noted exceptions.

Exceptions allow for the following development, providing they preserve the openness of land and purposes of including it within the Green Belt;

Buildings for agriculture/forestry Outdoor sport and recreation Replacement buildings Limited infilling in villages Limited affordable housing for local community needs Limited infilling or partial redevelopment of previously developed land Mineral development Engineering operations Local transport infrastructure Re-use of buildings that are of a permanent and substantial construction Development brought forward under a Community Right to Build Order

o SOC 5 Health and Well Being

In order to meet the health and well-being needs of our residents proposals will be supported that:

provide new or improved health facilities across the borough, particularly in areas of recognised need

support improved links to healthcare in rural areas promote safe and accessible environments and developments with good access by

walking, cycling and public transport support opportunities to widen and strengthen the borough’s cultural, sport, recreation

and leisure offer consider the specific requirements of different groups in the community (e.g. families

with children, older people, people with disabilities, service families) in all relevant development work to reduce poverty and deprivation across the borough, particularly in areas of identified need

promote high quality greenspace, and access to this across the borough, particularly in areas of recognised need.

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Development that gives rise to significant adverse impacts on health and quality of life (e.g. soil, noise, water, air or light pollution, and land instability, etc) including residential amenity, will not be allowed.

o ENV 6 High Quality Design and sustainable construction

The Local Plan will promote sustainable, high quality design and construction.Development should, where appropriate:

o Respect local character and achieve a sense of place through appropriate layout and design

o Provide high quality public realmo Be sympathetic to heritage, environmental and landscape assetso Ensure ease of movement and legibility, with priority for pedestrians and

cyclistso Promote safe, secure environments and access routeso Make the best use of high quality materialso Provide for the sustainable management of wasteo Promote diversity and a mix of useso Incorporate energy efficiency measures and provide for renewable energy

generation either on site or through carbon offsetting measureso Mitigate and adapt to the predicted effects of climate change

Meet applicable nationally described standards for design and construction

Good design facilitates, and contributes to local distinctiveness, a sense of place, and civic pride. It improves and enhances the existing environment and helps to attract people, businesses and investment. The quality of architecture and design are both significant to the impact of development in urban and rural areas, with good development requiring an understanding of the context in which it takes place.

High standards of design and local distinctiveness, which build on the existing character of communities, are important not only for the appearance of the area, but also for the creation of safer and more sustainable environments.

New development will be required to demonstrate that it is appropriate to the character and context of the local and surrounding environment. This will require consideration of the prevailing layout, urban grain, legibility, landscape, amenity, density and mix of uses, scale and height, massing, appearance, important views, historic routes and materials

o STRAT 10 Transport and Accessibility

17. Former Vale Royal Local Plan (Saved Polices 2015)

o H 8 Extensions/Alterations to Dwellings

Proposals which involve the alteration or extension of an existing dwelling will be determined in relation to the scale, size, design and materials of the existing property, adjoining properties and to the setting.

Within the Green Belt, proposals should not result in a disproportionate addition over and above the size of the original dwelling.

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The needs of families change over time. An extension to a property will often mean that residents can remain in a settlement without the need to move to more suitable accommodation.

The character of the original building should be maintained.

It is important that alterations and extensions harmonise with the existing building, particularly where they involve locally important features such as materials or detail of design.

Proposals should have respect for the existing building, surrounding properties and the rural environment.

Proposals will be assessed in relation to the Borough Council's Supplementary Planning Guidance" Housing Extensions - A Design Guide."

'Original dwelling' means the dwelling which existed on 1 July 1948 or the dwelling as originally built if this was later.

o HO 10 Rebuilding/Replacement Of Dwellings

The rebuilding and replacement of existing dwellings within their curtilage on a one-for-one basis will be allowed provided all of the following criteria are met:

o the development is appropriate to the form and character of its surroundings;

o the development makes adequate provision for car parking and private amenity space; and

In Tier 3 and 4 locations all the following criteria must also be met:

o the new dwelling is not materially larger than the existing dwelling taking into account any extension that has been permitted under policy H8 or any permitted development rights from which the original dwelling may benefit; and

o The new dwelling has no materially greater impact on the openness or character of the Green Belt or the character of the open countryside.

To prevent the replacement of the existing dwellings with those which are harmful to the Green Belt or open countryside in terms of size scale, setting and design.

To preserve the openness of the Green Belt or open countryside.

In considering criteria (vi), account will also be taken of the likelihood of garages/outbuildings being proposed at a later stage following the initial application and their cumulative impact on the Green Belt and Open Countryside.

In assessing proposals against criterion (iii) the council may consider the imposition of a planning condition removing some classes of permitted development rights from the replacement building if the permitted development rights of the original building have been taken into account in establishing the permissible size of the replacement.

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18. LOCAL PLAN PART TWO

The council are preparing to adopted further policy, Local Plan Part Two, which is directed to rural and open countryside location.

In particular policy noted from the proposed document is as follows:

R1 – RURAL AREA

Developments in the rural area will be guided to the most sustainable area of the borough to reflect the overall strategy of the Local Plan (Part One). As such, development proposals in the rural area will be supported in key service centres and local service centres where they meet the relevant policy criteria. For development proposals in the countryside, which includes villages and hamlets that are not identified as key or local service centres reference to the Local Plan (Part One) policy STRAT 9 and relevant development plan policies needs to be made.

It is our opinion that the proposal site is located within close proximity too and within good accessibility to one of Cheshire West and Chester Key Service Centres of Tarporley and Rural Service Centre of Utkinton and Kelsall. Furthermore, the development meets the exception criteria for developments in the Green Belt stated in STRAT 9 for the “replacement buildings” and “re-use of buildings that are of a permanent and substantial construction”.

GBC 3 – Replacement dwellings, extensions, alterations and Change of Use

Applications for new housing development, extensions, alterations and changes of use in the countryside and Green Belt will be permitted where they meet the requirements of Local Plan policy STRAT 9 and the specific criteria set out below.

Replacement dwellings

Applications for the replacement of existing dwellings in the countryside and Green Belt will be permitted in line with Local Plan policy STRAT 9 and the following criteria:

1. The new dwelling is not materially larger than the building it replaces;2. The new dwelling is sited so as to minimise visual impact on the countryside or Green Belt andis not sited outside of the original residential curtilage;3. The construction, materials and design of the dwelling should be appropriate to the countryside;4. The existing dwelling is not worthy of retention in terms of local character, architectural or historic merit;5. Ancillary works and curtilage buildings are sited and are of a scale and design to minimise the impact on the openness and character of the countryside and Green Belt;6. Existing landscape features (where appropriate) are retained and additional landscaping carried out if necessary;7. Adequate control over the demolition of the original dwelling, prior to the construction of the replacement dwelling, unless justified by the particular circumstances of the case;

Extensions and alterations

Extensions and alterations to dwellings in the countryside and the Green Belt will be permitted provided that they do not result in development which is a disproportionate addition to the original building. They must be sympathetic to size of the plot, the character and the appearance of the original building.

The design of extensions must be in keeping with the existing dwelling and local character to maintain the local character of the countryside and the Green Belt. Any extension to the property will be considered in the context of previous extensions and alterations and must not result in disproportionate additions to the property.

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19. Planning Policy Consideration

This section has been included to demonstrate that the proposal is an acceptable form of development in the open countryside and would have no greater effect than the existing dwelling having regard to development that could take place without planning permission.

The NPPF provides the national policy context for development in the countryside. However, there is no guidance in this document on the replacement of dwellings. The focus of this document is to sustainable development principles, with a particular emphasis on development in accessible locations and on previously developed land and the protection of countryside character as priorities.

The replacement of an existing dwelling does not represent new housing development in the countryside as it would not create an additional residential unit. Furthermore, it would not significantly intensify the use of the site as compared with the existing situation and does not require special justification in accordance because an existing dwelling already exists on the site.

Policy H10 is the local plan policy which sets down the parameters under which a replacement dwelling will be acceptable.

It states that replacement dwellings on a one for one basis will be allowed provided that all the criteria are met. It further states that development should be appropriate to the form and character of its surroundings and make adequate provision for car parking and private amenity space.

The policy goes on to say that in tier 3 and 4 locations (like the application site), the new dwelling should not be materially larger than the existing dwelling taking into account any extension that has been permitted under policy H8 or any permitted development rights from which the original dwelling may benefit.

Policy H10 makes clear that in assessing what is materially larger, regard needs to be had to what extensions or alterations could be carried out to the existing dwelling both through utilisation of permitted development rights.

In reference to “materially larger” investigations have been undertaken in relations to the properties permitted development rights from which the original dwelling may benefit. It is clear from this study that the replacement dwelling proposed could be larger than that which exists at present and any increase in size up to that which would be permissible either with or without permission therefore should be considered as material consideration.

Permitted Development

The Town and Country Planning (General Permitted Development) (Amendment) (2) (England) Order 2008 is the relevant statutory instrument applicable.

The 2008 Order came into force on 1 October 2008, in particular reference has been made to criteria attached to Class A which allows for the enlargement, improvement or other alteration of a dwelling house without the need to apply for express planning permission.

The permitted extensions that could be carried out to this building under permitted development rights as it stands would include a two single-storey side extension subject to compliance with the various restrictions as contained within Class A.1 of Part 1 of Schedule 2 to the GPDO.

From 30 May 2013 to 30 May 2019 a neighbour consultation scheme for larger rear extensions under Class A is required. As below:

Side-return Extension: This style must have a maximum height of four metres and a width no more than half of the house.

Rear Extension: Recent changes to PD guidelines in England mean that in most areas (not on designated land) you can now add a single-storey rear extension up to eight metres from the original rear wall of a

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detached house (previously it was four metres), or six metres from all other houses, such as semi-detached or terraced properties (previously three metres).

Double-height Addition: Two-storey rear extensions are also possible (not on designated land), although anything you build must not extend beyond the back wall of the original house by more than three metres or be within seven metres of any boundary opposite the rear wall.

Loft Conversion: To fall under Permitted Development rights, repurposed attic space must not exceed 40 cubic metres for terraced houses or 50 cubic metres for detached and semi-detached houses.

In planning, the term original house means the property as it was first built or as it stood on 1 July 1948.

Extensions (including previous ones) and other buildings must not exceed 50 per cent of the total area of land around the original house.

Side extensions can be only single storey and no more than half the width of the original house. Any single-storey extension should be no higher than four metres; and within two metres of a boundary, no

greater than three metres. The maximum eaves and ridge height of a two storey extension can be no more than the existing house, and

not more than three metres if it falls within two metres of a boundary. The eaves and ridge of any extension must be lower than the existing house

Definitions:

“Original” - a building as it existed on 1st July 1948 where it was built before this date, and as it was built when built after that date.

“Existing” – a building as it existed immediately before any permitted development is undertaken.

Heathfield Cottage has not had any extensions from its original construction

We have not undertaken a full investigation however within the submitted drawings we have included an illustrative guide to what we understand would be possible under the GPDO Class A

Scale of the Replacement Dwelling

The extant property 188 sq m

The proposed dwelling footprint 175.14 sq m

Total Area associated with Heathfield Cottage) 383.10 sq m(Inclusive of Blue PD rights (195.10)

Variation:

Original v Proposed - 12.86 sq m (0.06 % reduction)

This reduction is prior to any permitted development rights the property may withhold.

As required by Class A.1, part 1 of Schedule 2 of the GPDO; (a), the extensions would cover less than 50% of the curtilage of the dwelling. (b) and (c) in respect of roof and eaves heights would be met. With reference to (d), the enlarged part of the dwelling house as proposed would not extend beyond a wall that forms the principle elevation of the dwelling house (e).The permitted development scheme would extend beyond the rear wall by more than 4 metres (g) No part of the permitted development extensions would be within 2 metres of the boundary and therefore would not conflict with criterion (h)The permitted development single-storey side extension indicated would not exceed 4 metres in height and would not have a width greater than half the width of the original dwelling house. It would not therefore conflict with criterion (i).

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The permitted development schemes would not include the construction of any raised platform, microwave antenna, chimney, flue or soil and vent pipe or an alteration to any part of the roof of the dwelling house. It would not therefore conflict with (j).The dwelling house is not on article 1(5) land and therefore Class A.2 does not apply.

The development would be constructed in accordance with the conditions pertaining to Class A.3, relating to the use of materials of similar appearance to the existing dwelling, windows, and roof pitch.

In considering the permitted development allowances we would draw your attention to Section 70.30 of the Town and Country Planning Act 1990 which states “The planning authority are entitled, and indeed obliged, to have regard to the “fall-back” position, i.e. what the applicant could do without any planning approval”.

The overall ridge height of the replacement dwelling will increase in height, whilst we consider this increase to be immaterial in scale of the residential curtilage; the increase in height is essentially unavoidable on a replacement dwelling which needs to meet current building regulations therefore we do not consider the height increase to be inappropriate in these circumstances.

This issue is addressed in an appeal at The Sheiling, London Road, Doddington, dated 27 April 2010. A copy of the decision is attached. The appeal proposal was for a replacement dwelling in the open countryside. The local plan policy (Crewe Local Plan) allows the replacement of dwellings provided they are not materially larger than the existing dwelling taking into account extensions that may be permitted or constructed using permitted development rights. The policy is therefore essentially the same as policy H10 of the Vale Royal Local Plan.

20. Comparable

The following properties have been included as comparable evidence of replacement schemes that have been approved within the locality and support the proposal at Heathfield Cottage:

Chapel Cottage, Tarporley Road, TarporleyApplication Number: 14/00691/OUTProposal: Replacement Dwelling (Demolition of Existing)

(Dwelling that was replaced)

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Hollins House Hollins Hill Utkinton Tarporley Cheshire CW6 0FXApplication Number: 17/02139/FULProposal: Erection of replacement dwelling and associated development

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The Bungalow, Tarporley Road, UtkintonApplication Number: 14/00691/OUTProposal: Replacement Dwelling

(Dwelling that was replaced)

Racecourse Farm House, Racecourse Lane (Replacement Dwelling (Application number: 09/02037/FUL & 10/02722/FUL)

(new dwelling – built as replacement)

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Sandiford Lodge, Tarporley Road (replacement dwelling Application Number: 05/1981/FUL)

(new dwelling – built as replacement)

Eaton Manor, Lightfoot Lane, Eaton

(new dwelling – built as replacement)

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Oak House, Eaton Road

(new dwelling – built as replacement)

High Gable, Quarry Bank, UtkintonApplication Number (original) 17/03343/FULProposal: First Floor extension of existing bungalow with associated alterations

(Dwelling that was replaced)

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21. Conclusion

We are of the opinion that the proposed development would represent an appropriate form of development within this locality and open countryside.

The applicant has demonstrated the necessary requirements and adherence to the National and adopted Local Plan Policy - the redevelopment of this site would be in a sustainable manner, sensitive to the needs of the local community and the impact the site has on the locality.

The character and form of the development would reflect that already along the linear of Tarporley Road and the proposals have drawn inspiration from local design features where appropriate to create a high quality, attractive scheme.

It has been demonstrated that the proposed dwelling would not conflict with policy H10 as there is potential to extend the existing dwelling under permitted development which would result in a larger dwelling than that currently proposed.

The proposed dwelling would have no materially greater influence, and in our view would be a substantial improvement, on the character and appearance of the countryside when compared against the existing dwelling and what could be constructed under permitted development.

The proposal would not be unacceptable upon residential vernacular and visual amenity or highway safety.

The site has not abused the planning system.

The replacement scheme would remain in residential use; retain its large curtilage and ample private amenity space.

Massing and appearance has been considered and in order to reduce any visual impact on the open countryside the replacement dwelling has been designed to not significantly exceed the external dimensions.

The proposal is considered to be an acceptable form of development in the countryside and would comply with the objectives of national and local planning policy. The proposed development would not harm the character and appearance of the countryside and, in our view, would be a substantial improvement.

Planning permission should therefore be granted in accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004. Both National and Local Policy show considerable support for the proposal.

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