Appeal 6003811

Appeal A is allowed and planning permission is granted for change of use from a dwelling into a 3 bed holiday let with replacement doors and windows at [site address] in accordance with the terms of the application, Ref 25/00418/FUL, subject to the conditions in the attached schedule.

Appeal B allowed and planning permission is granted for change of use from a dwelling into a 1 bed holiday let with replacement doors and windows at 8 Greenhill, Wirksworth, Derbyshire [postcode] in accordance with the terms of the application, Ref 25/00426/FUL, subject to the conditions in the attached schedule.

Applications for costs has been made by [name] against Derbyshire Dales District Council. These applications are the subject of a separate Decision.

As set out above this decision deals with two appeals where the appeal sites adjoin and the main issues for both are the same. I have considered each proposal on its own merits and had regard to the considerations material to each site. However, to avoid duplication I have dealt with the two schemes together, except where otherwise indicated.

The main issue on both appeals is the effect of the proposals on highway safety with regards to parking and access.

The proposals are for the change of use from a three-bed dwelling and a one-bed dwelling into a three-bed holiday let and one-bed holiday let respectively. The Council are concerned that the proposals would result in the intensification of use of the properties which would increase vehicle and pedestrian movements and be detrimental to highway safety. The highway is narrow adjacent to the appeal properties with no formal footway and no off-street parking provision.

The appellants have submitted a Transport Appeal Statement (TAS) with the appeals. [name] provides technical evidence including a review of accessibility on foot, cycle and public transport; and Council operated parking beat surveys. The TAS concludes that there would be no intensification of the use of both properties in parking terms as a result of the proposals. As with most properties in the area, residents are limited to parking in Council off-street car parks with the surveys indicating that there is spare parking capacity in the area. The Council’s Highways Authority had initially objected to the schemes, however, following the submission and findings of the TAS, they no longer have any objections subject to the imposition of a holiday accommodation management plan.

The proposals do not increase the number of bedrooms in the appeal properties. Whilst the uses would be different, from the evidence before me, there appears to be minimal difference in the parking demands between the properties being used as residential properties or as holiday lets. I do not consider that the proposals would increase vehicle and pedestrian movements to an amount that would be detrimental to the safety of highway users.

Accordingly, the proposals would not have a harmful effect on highway safety in terms of parking and access. The proposals would be in accordance with Policies HC19, HC21 and EC8 of the Derbyshire Dales Local Plan (DDLP) which seeks proposals to manage travel demand, ensure development can be accessed in a sustainable manner and ensure a location is capable of accommodating increased numbers of visitors without detriment to road safety or congestion.

The appeal properties lie within the Wirksworth Conservation Area (WCA). In accordance with the duty imposed by section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 I am required to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Moreover, paragraph 212 of the National Planning Policy Framework (the Framework) states that when considering the impact of development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation.

The character of the WCA, particularly in the near vicinity of the appeal site, is predominantly tight knit residential buildings dating to around the 18th or 19th century. It is the historic design and materials of the buildings which positively contributes to the character of the area and in my view the significance of the WCA is derived from the architectural character, design and materials of the buildings collectively. There are minimal alterations proposed with the only external changes to the properties being in relation to windows, doors and guttering. New timber sliding sash windows and solid timber doors with glass vision panels, and replacement of uPVC gutters and down pipes with black cast iron rain water goods are welcomed by the Council and would be an improvement. The proposals would preserve the character and appearance of the WCA and accord with Policy PD2 of the DDLP which seeks to protect the historic environment.

Conditions relating to timeliness and the identification of plans are necessary in the interests of proper planning and to provide certainty. To preserve the character and appearance of the WCA, conditions are necessary in relation to materials. In the interests of highway safety, it is necessary to impose conditions relating to a holiday accommodation management plan and a scheme for cycle parking. The Council have suggested a condition for window and external door frames to be installed in accordance with the approved details. This condition is not necessary as the details would be covered in the approved plans condition.

The proposals would not conflict with the development plan as a whole and there are no other considerations, including the provisions of the Framework, which outweigh this finding.

For the reasons given above I conclude that appeals A and B should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos [name] and [name] 988‐9‐1.01; Proposed Site Plan 988‐9‐1.03; Proposed Site Plan Built Area 988‐9‐1.04; Proposed Ground Floor Plan 988‐9‐3.01; Proposed First Floor Plan 988‐9‐3.02; [name] 988‐9‐4.01; [name] 988‐9‐4.02; [name] 988‐9‐4.03; [name] 988‐9‐4.04; [name] 988‐9‐4.05; Proposed Door Schedule 988‐9‐DS2; Proposed window schedule door details sheet 988‐9‐DS3; Proposed window schedule 988‐9‐WS2; Proposed window schedule sheet 1 988‐9‐WS3; Material schedule 988‐9‐WS4; Proposed window schedule sheet 2 988‐9‐MAT01.

All gutters, downpipes and other external plumbing shall be constructed in cast-iron with a black painted finish and so retained thereafter.

Before the development hereby approved is occupied, a Holiday Accommodation Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Management Plan shall include, but not be limited to, provision of the following: a) The maximum occupancy limit and measures for monitoring and enforcement; b) Details of guest arrival and departure procedures, including measures to avoid disturbance to neighbours; c) Details of information to be provided to guests prior to and following booking, in relation to the lack of off-street and on-street parking availability at and in the vicinity of the site, the availability of non-car travel modes, the availability of secure, covered cycle parking at the site, and locations where car parking is available and the routes to such locations; d) Details of provision of guest parking permits; e) Information provided to guests on expected behaviour, including a code of conduct to minimise noise and disruption, particularly during evening and night-time hours; f) Complaint management procedures, including the provision of a 24-hour contact number for local residents; g) Waste management arrangements; h) Details of how the site will be monitored to ensure compliance with the approved plan; i) Details of how the Management Plan will be communicated to guests, both prior to and following booking. The development hereby permitted shall thereafter be operated in accordance with the approved Holiday Accommodation Management Plan.

Before the development hereby approved is occupied, a scheme for the provision of at least two secure, covered cycle parking spaces within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall not thereafter be used for any other purpose and shall be maintained for the life of the development.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos [name] and [name] 988‐8‐1.01 [name]; Proposed Site Plan 988‐8‐1.03 [name]; Proposed Site Plan Built Area 988‐8‐1.04 [name]; Proposed Ground Floor Plan 988‐8‐3.01 [name]; Proposed First Floor Plan 988‐8‐3.02; [name] 988‐8‐4.01; [name] 988‐8‐4.02; [name] 988‐8‐4.03; [name] 988‐8‐4.04; [name] 988‐8‐4.05 [name]; Proposed Materials Schedule 988‐8‐MAT01; Proposed Door Schedule 988‐8‐DS1; Proposed Window Schedule Door Details Sheet 988‐8‐DS3; Proposed Window Schedule 988‐8‐WS1; Proposed Window Schedule Window Details Sheet 1 988‐8‐WS3; Proposed Window Schedule Window Details Sheet 2 988‐8‐WS4.

All gutters, downpipes and other external plumbing shall be constructed in cast-iron with a black painted finish and so retained thereafter.

Before the development hereby approved is occupied, a Holiday Accommodation Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Management Plan shall include, but not be limited to, provision of the following: a) The maximum occupancy limit and measures for monitoring and enforcement; b) Details of guest arrival and departure procedures, including measures to avoid disturbance to neighbours; c) Details of information to be provided to guests prior to and following booking, in relation to the lack of off-street and on-street parking availability at and in the vicinity of the site, the availability of non-car travel modes, the availability of secure, covered cycle parking at the site, and locations where car parking is available and the routes to such locations; d) Details of provision of guest parking permits; e) Information provided to guests on expected behaviour, including a code of conduct to minimise noise and disruption, particularly during evening and night-time hours; f) Complaint management procedures, including the provision of a 24-hour contact number for local residents; g) Waste management arrangements; h) Details of how the site will be monitored to ensure compliance with the approved plan; i) Details of how the Management Plan will be communicated to guests, both prior to and following booking. The development hereby permitted shall thereafter be operated in accordance with the approved Holiday Accommodation Management Plan.

Before the development hereby approved is occupied, a scheme for the provision of at least two secure, covered cycle parking spaces within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall not thereafter be used for any other purpose and shall be maintained for the life of the development.