YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 7 Committee: PLANNING Date: 11 October 2016 Report: UNAUTHORISED USE OF GARAGE AS A SEPARATE DWELLINGHOUSE, HAWTHORN HOUSE, KETTLEWELL (REF EC/46/101) Purpose of the report 1. To provide Members with an update on the current situation since the Planning Committee Meeting dated 12 July 2016. Update on the current situation 2. This matter was reported to Member s at the July Planning Committee Meeting. Members resolved to defer the report for three months to allow the owner the opportunity to submit a planning application to regularise the situation. 3. To date no planning application has been received. The owner has given their assurance that they are intending to submit a planning application to regularise the use of the garage building at Hawthorn House to a separate residential dwellinghouse. The owner is aware that any consent would be subject to a legal agreement restricting the occupancy of the property to local housing need. It is expected that this planning application will be received by the Authority in the forthcoming weeks. RECOMMENDATION 4. That consideration of enforcement action is deferred for a further month, pending the submission of a planning application. In the event that an application is not is not received, then a further report will be brought back to the Planning Committee in November for Members consideration. Nicola Dinsdale Enforcement Officer 20th September 2016 Documents Appended Committee Report 12 th July 2016 - Hawthorn House, Kettlewell
APPENDIX YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 8 Committee: PLANNING Date: 12 July 2016 Report: UNAUTHORISED USE OF GARAGE AS A SEPARATE DWELLINGHOUSE, HAWTHORN HOUSE, KETTLEWELL (REF EC/46/101) Purpose of the report 1. To advise Members of the current situation and to seek authorisation for formal enforcement action to secure the cessation of use of the garage as a separate dwellinghouse. Strategic Planning Framework 2. The information and recommendation(s) contained in this report are consistent with the National Planning Policy Framework, the Authority s statutory purposes and its approved strategic planning framework: Yorkshire Dales National Park, Housing Development Plan 2012-2025 Policy HDP2 Land for New Build Housing Policy HDP3 Change of use of non-residential buildings to housing 3. At paragraph 207 the NPPF also states that: Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Relevant Planning History 4. C/46/140B - Application for full planning permission for subdivision of Wharfedale House to form two dwellings. Approved 26 March 1997. C/46/140C Application for full planning permission for a further sub-division of Wharfedale House to form 2 separate dwellings and erection of porch (part retrospective). The northern section of the sub divided house is now known as Hawthorn House. Approved in May 2002; Section 106 legal agreement, concerning the provision of car parking at the site. C/46/140D Application for full planning permission for erection of two semidetached houses for local occupancy, comprising of one 2 bedroom house and one 3 bedroom house, on the land adjacent to Wharfedale House Approved 14 th March 2006; Section 106 legal agreement restricting the occupancy of the units to local housing need.
C/46/134A Application for full planning permission for erection of two storey extension to dwellinghouse and re-siting of the detached garage at Hawthorn House. Approved 19th October 2005. A condition imposed on this consent restricted the use of the garage to purposes incidental to the enjoyment of the dwellinghouse, Hawthorn House and not to be used for any business or industrial purposes. Background 5. Hawthorn House is situated in the centre of Kettlewell to the south west side of Cam Lane, opposite Kettlewell Youth Hostel. To the rear of Hawthorn house is a large garden area within which is situated the garage building, the subject of this report. The site is within Kettlewell Conservation Area and the Housing Development Boundary for Kettlewell, as defined within the Housing Development Plan. 6. Hawthorn House was originally part of a much larger property known as Wharfedale House. Wharfedale house has been subject to two planning permissions for subdivision over the years and three dwellings have been created; Wharfedale cottage, Hawthorn House and Wharfedale House.. The current owner of Hawthorn House (with her late husband) originally owned the whole of the property. Wharfedale House was first subdivided under planning reference C/46/140B granted in 1997 and the newly created dwelling known as Wharfedale Cottage was sold. A further subdivision of Wharfedale House was carried out through planning permission (reference C/46/140C) granted in 2002 and Hawthorn House was created. Wharfedale House was sold in October 2014. 7. Planning permission reference C/46/134A was granted in October 2005 for an extension to Hawthorn House as well as the siting of the detached garage to the south west of the property at the end of the garden. The permission was for a stone clad double garage measuring 7 metres by 9 metres and 4.4 metres in height and included a limestone track to access the garage. The Owner of Hawthorn House lives in the detached garage whilst her son lives in Hawthorn House. 8. The owner of Hawthorn House and garage also owns 2 semi detached houses on the land directly adjoining the site. These were granted under planning reference C/46/140D and are both the subject of a Section 106 Legal Agreement restricting occupancy of the dwellings to local housing need. It is understood that one of these units and the first floor bedrooms of the second unit are occupied by the owner s other son and his family. The ground floor of the second unit is still awaiting completion. Current enforcement investigation 9. The site was visited on the 1 st October 2015 and at that time the approved garage building appeared to be occupied as a self contained dwelling. The building is fully equipped as self contained living accommodation and incorporates a kitchen and dining area, a living area, a bedroom and bathroom. The building has a first floor in the attic space currently accessed by a ladder. It is understood that this space is very low and used for storage only. This building appears to have been constructed with the same dimensions as was approved; although there are some variations in respect of the openings, the large garage doors are walled and clad with wood and glazing to
allow natural light to serve the living area and bedroom. A new door has been created in the south west elevation and a window re-positioned, two roof lights have also inserted on the south western roof slope. 10.A Planning Contravention Notice (PCN) was served in November 2015; and information requested to ascertain the facts of the use of the garage building. The answers within the PCN confirmed that the building was completed in 2009 and was initially used for domestic storage. The owner and her late husband confirmed that they had occupied the garage and used it as a dwelling since January 2015. It was also confirmed that the building contains its own electricity supply, a separately metered water supply, satellite television dish and television licence. They also confirmed that Hawthorn House itself was occupied by their son. 11.Further submissions relating to the background and circumstances leading to the occupation of the garage building were attached to the PCN by the owner and are summarised below: The owners have resided in Wharfedale House for more than twenty years; one son resides at Hawthorn House (next door) whilst another son has erected two semi-detached houses within the grounds of Wharfedale House. They express concerns over the difficulties of obtaining a mortgage and that Wharfedale House (the family home) was sold for financial reasons in October 2014. This in addition to health problems has resulted in having to use the garage building as a dwellinghouse. 12. The owner has been advised of the option to submit a planning application for the conversion of the garage to a dwelling in this location. Any planning application would be considered against the policy HDP2 land for new build housing and Policy and policy HDP3 change of use of non-residential buildings to housing which permits the conversion of buildings in villages to housing providing occupancy is restricted to the local occupancy criteria set out in the local plan. 13.Although there may be scope for a new dwellinghouse in this location the owner is extremely reluctant to apply for planning permission and enter into any further legal agreements. This development has resulted in the creation of a new dwellinghouse without planning permission. In effect this is an open market house. There is no occupancy restriction secured by legal agreement. No conditions have been imposed through a planning application and the building and its curtilage could potentially benefit from full permitted development rights overtime. The time period for immunity from enforcement action for the change of use of the garage to a dwelling is four years. Conclusion 14.The garage has been built in accordance with the approved plans, but is now being used as a separate dwelling. In effect a new open market house has been created without any planning permission which is a breach of planning control. The conversion of the garage and its use as a dwellinghouse does not accord with the Authority s housing strategy as set out in the Housing Development Plan in relation to policy HDP2 (land for new build housing) and policy HDP3 (Change of use of nonresidential buildings to housing).
15.Local Plan policy only permits new housing in Kettlewell for occupation by persons in housing need, meeting the local occupancy criteria set out in the Local Plan. The owner is unwilling to accept a local occupancy restriction on the new property. 16.The occupant s Human Rights are engaged, most notably Article 8 (right to respect of private and family life). However the right is not absolute but must be balanced against the interests of the public as a whole and the need to uphold the relevant policies contained within the Housing Development Plan and enforcement powers available to remedy the inappropriate use of land 17.For the reasons above it is considered necessary to taken action against the unauthorised use of this garage as a dwellinghouse. RECOMMENDATION 18. That the Authority s Solicitor be authorised to serve an Enforcement Notice to secure: a) The cessation of the use of the building for residential purposes as a separate self contained dwellinghouse. b) A compliance period of 6 months be allowed 19. That in the event of non-compliance with the requirements of the enforcement notice, the Authority s solicitor be authorised to commence prosecution. Nicola Dinsdale Enforcement Officer 23 rd June 2016