1.	APPLICATION SITE AND LOCALITY 

1.1.	18 Crosslands is a detached dwelling in a cul-de-sac within the built up limits of Fringford Village. It was likely built in the 1990s, and is constructed from brick that is in part covered in stone to the front elevation, with white uPVC fenestrations and concrete roof tiles.
1.2.	It is not itself listed nor is it in the setting of any listed buildings. It is not in a conservation area.
2.	DESCRIPTION OF PROPOSED DEVELOPMENT
2.1.	The applicant seeks planning permission for demolition of current conservatory and erection of a single storey rear/side extension.
2.2.	The extension would extend 4.0m from the original rear elevation and beyond the side elevation by 1.9m. The maximum height of the shallow dual pitched design is 3.6m and an eaves height of 2.6m. 
3.	RELEVANT PLANNING HISTORY

3.1.	The following planning history is considered relevant to the current proposal: 
Application Ref. | Proposal | Decision | Date
92/00138/S | Erection of 3 terraced houses and 8 detached houses, and construction of new vehicular access. (Outline) | Permission Granted | 18/06/92
4.	PRE-APPLICATION DISCUSSIONS

4.1.	No pre-application discussions have taken place with regard to this proposal.

5.	RESPONSE TO PUBLICITY

5.1.	This application has been publicised by way of a site notice displayed near the site and by letters sent to all properties immediately adjoining the application site that the Council has been able to identify from its records. The final date for comments was 06.10.2017, although comments received after this date and before finalising this report have also been taken into account. 
5.2.	No comments have been raised by third parties.
6.	RESPONSE TO CONSULTATION

6.1.	Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.
PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS
6.2.	FRINGFORD PARISH COUNCIL – No objections
OTHER CONSULTEES
6.3.	CDC ECOLOGY – No objections, but made the following observations;
I don't expect the proposed works to have any significant impact on protected species. If any suitable vegetation for nesting birds requires removal, I would recommend that the below note is attached as guidance to the applicant regarding the protected status of nesting birds:
Planning Notes
Birds and their nests are fully protected under the Wildlife and Countryside Act 1981 (as amended), which makes it an offence to intentionally take, damage or destroy the eggs, young or nest of a bird whilst it is being built or in use. Disturbance to nesting birds can be avoided by carrying out vegetation removal or building work outside the breeding season, which is March to August inclusive.

7.	RELEVANT PLANNING POLICY AND GUIDANCE

7.1.	Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

7.2.	The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031.  The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below:

CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLP 2031 Part 1)

•	ESD15 - The Character of the Built and Historic Environment

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)

•	C28 – Layout, design and external appearance of new development
•	C30 – Design of new residential development

7.3.	Other Material Planning Considerations

•	National Planning Policy Framework (NPPF)
•	Planning Practice Guidance (PPG)
•	Cherwell Council Home Extensions and Alterations Design Guide (2007)

8.	APPRAISAL

8.1.	The key issues for consideration in this case are:

•	Design, and impact on the character of the area
•	Residential amenity
•	Highway safety/parking provision
•	Protected species  

Design and Impact on the Character of the Area

8.2.	Paragraph 56 of the NPPF makes clear that: the Government attaches great importance to the design of the built environment. This is reflected in Policy ESD15 of the CLP 2031 Part 1, which states that new development proposals should: be designed to improve the quality and appearance of an area and the way it functions...contribute positively to an area’s character and identity by creating or reinforcing local distinctiveness…(and) respect the traditional pattern of routes, spaces, blocks, plots, enclosures and the form, scale and massing of buildings.
8.3.	Saved Policies C28 and C30 of the CLP 1996 reinforce this, with Policy C30(ii) stating: that any proposal to extend an existing dwelling (should be) compatible with the scale of the existing dwelling, its curtilage and the character of the streetscene.
8.4.	The proposals largely replace an existing uPVC conservatory to the rear of the property. The only element which would be visible from the street scene is a 1.9m wide part of the sloping roof which would extend beyond the side elevation. There is a fence in this location which will further obscure most of the development.
8.5.	The rear extension itself is of fairly modest scale and is proportionate to the original dwelling and the wider street scape.
8.6.	It is proposed that the building is in materials to match those used in the rear of the dwelling and it is considered that this will enable the element that can be viewed to further blend into the existing dwelling.

8.7.	The proposals are therefore considered not to adversely impact on the visual amenity of the area and are thus considered to accord with policies outlined in with Government guidance contained with the NPPF and saved Policy C30 of the Cherwell Local Plan 1996 and Policy ESD15 of the CLP 2011-2031 Part 1.

Residential Amenity
8.8.	Paragraph 17 of the NPPF includes, as a core planning principle, a requirement that planning should: always seek to secure…a good standard of amenity for all existing and future occupants of land and buildings. This is reflected in Policy ESD15 of the CLP 2031 Part 1, which states that new development proposals should: consider the amenity of both existing and future development, including matters of privacy, outlook, natural lighting, ventilation, and indoor and outdoor space.
8.9.	The Council’s Home Extensions and Alterations Design Guide (2007) provides informal guidance on how the Council will assess proposed extensions to houses, including guidance on assessing the impact on neighbours. This includes assessing whether a proposed extension would extend beyond a line drawn at a 45° angle, as measured horizontally from the mid-point of the nearest habitable room window.
8.10.	The neighbouring property to the rear, 4 Little Paddock, is around 17m from the rear of the current conservatory and the rear extension would shorten this distance to 16m. The two buildings are well screened by a fence and existing foliage along the shared boundary and it is not considered that the resident’s amenity will be greatly affected by the proposals.
8.11.	The neighbour to the west, No.20, will not suffer any loss of amenity from the proposals as the site is to the far side of No.18.
8.12.	The neighbouring property to the east, No.16, shares a boundary nearby the proposed site and is the most likely to be impacted by the proposed rear/side extension. The main amenity space to the rear of the dwelling is shielded from the site of the extension by an existing garage at No.16, and so the only area to be affected is the driveway and views from the side elevation. There are no windows to habitable spaces in the side elevation and the impacts upon the driveway are minimal and are not considered to represent a loss of amenity to the neighbouring residents. 
8.13.	The proposal therefore accords with Government guidance contained with the NPPF and saved Policy C30 of the Cherwell Local Plan 1996 and Policy ESD15 of the CLP 2011-2031 Part 1 that seek standards of amenity and privacy acceptable to the Local Planning Authority.

Highway Safety/Parking Provision
8.14.	Policy ESD15 of the CLP 2031 Part 1 states, amongst other matters, that new development proposals should: be designed to deliver high quality safe…places to live and work in. This is consistent with Paragraph 35 of the NPPF which states that: developments should be located and designed where practical to…create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians.
8.15.	The current level of parking will not be affected by the proposals and therefore it is considered that the proposal is acceptable in highway safety terms.
Protected Species
8.16.	The NPPF states that ‘the planning system should contribute to and enhance the natural and local environment by…minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity’.
8.17.	Due to the centre of the village location and the urban nature of the immediate vicinity, the relatively minor works to the existing fabric of the building are not considered to impact upon any protected species.
9.	PLANNING BALANCE AND CONCLUSION
9.1.	For the reasons set out in this report, the proposal complies with the relevant Development Plan policies and guidance listed at section 7 of this report, and so is considered to be sustainable development. In accordance with Paragraph 14 of the NPPF, permission should therefore be granted.

10.	RECOMMENDATION
That permission is granted, subject to the following conditions.

1.	The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application form, block plan and drawings numbered ‘S.741/03a’ & ‘S.741/04a’

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

Case Officer: | John Gale | DATE: 06.11.17
Checked By: | Paul Ihringer | DATE: 7/11/17