It is proposed to build a single storey self-contained detached annex to Westcliffe Farmhouse within the curtilage of Westcliffe Farmhouse. This is to home a dependent relative

Appeal Decision Site visit made on 15 November 2018 by R J Maile BSc FRICS an Inspector appointed by the Secretary of State Decision date: 29 November 2018 Appeal Ref: APP/X2220/D/18/3210088 Westcliffe Farmhouse, Dover Road, Westcliffe, Dover, Kent, CT15 6EN.  The appeal is made under section 78 of the Town and Country Planning Act 1990 again st a refusal to grant planning permission.  The appeal is made by Mr Paul Mount against the decision of Dover District Council.  The application ref: DOV/18/00629, dated 11 June 2018, was refused by notice dated 16 August 2018.  The development proposed was originally described as: “It is proposed to build a single storey self-contained detached annex to Westcliffe Farmhouse within the curtilage of Westcliffe Farmhouse. This is to home a dependent relative.” Procedural Matter 1. The description of development in the heading above has been taken from the planning application form. 2. The Council’s refusal notice, together with Part E of the appeal form and the appellant’s statement of case, all refer to the development as “erection of a detached annex for dependent relative.” This more succinctly describes the proposal before me and I have therefore used it in my formal decision below. Decision 3. The appeal is allowed and planning permission is granted for the erection of a detached annex for dependent relative at Westcliffe Farmhouse, Dover Road, Westcliffe, Dover, Kent, CT15 6EN, in accordance with the terms of the application ref: DOV/18/00629, dated 11 June 2018, subject to the conditions set out in Annex A to this decision. Main Issues 4. The main issues in this case are: a) Whether the principle of a self-contained annex is acceptable within this countryside location. b) the effect of the proposed annex upon the landscape character of the Kent Downs Area of Outstanding Natural Beauty (‘AONB’). Reasons a) Principle of a self-contained annex. Appeal Decision APP/X2220/D/18/3210088 2 5. Westcliffe Farmhouse comprises a detached Victorian dwelling located in a rural area just beyond the settlements of Westcliffe and St Margaret’s-at-Cliffe. It forms part of a small enclave of dwellings and farm buildings within otherwise open countryside. 6. Policy CP 1 of the Core Strategy1 sets out a settlement hierarchy. Westcliffe does not fall within any of the named villages within the table attached to the policy. As such, it would be classed as a hamlet. These are not suitable for further development unless this functionally requires a rural location. 7. Policy DM 1 states that development will not be permitted on land outside the urban boundaries and rural settlement confines shown on the proposals map unless specifically justified by other Development Plan policies, or it functionally requires such a location, or it is ancillary to existing development or uses. 8. The scheme before me seeks to provide a small annex within the rear garden of Westcliffe Farmhouse to house a severely disabled relative of the appellant, and his mother. The annex has been specifically designed to meet his needs, including wheelchair access and turning areas within the accommodation. The principle of permitting such accommodation is recognised at paragraph 61 of the Framework and by Policy DM 9 of the Core Strategy. 9. The proposal would comply with criteria ii. and iii. of Policy DM 9. However, it would not be capable of reverting to single family accommodation as part of the main dwelling once the use has ceased, as required by criterion i. Never- theless, this issue could be addressed by the imposition of a condition, as requested by the Council, restricting use of the annex building to purposes ancillary to the residential use of Westcliffe Farmhouse. 10. I am satisfied that the accommodation is required by the appellant’s relative, as confirmed by the medical evidence provided to me, together with the pre- application advice received from the Council. Accordingly, the scheme would meet the thrust of national policy and Policy DM 9 of the Core Strategy. Given that the annex would comprise ancillary accommodation specific to the needs of the appellant’s dependent relative, the proposal would also accord with the requirements of Policy DM 1. 11. I therefore find upon the first main issue that in the particular circumstances of this case the principle of allowing a self-contained annex as an exception to Policy CP 1 would be acceptable, subject to a consideration of its impact upon the landscape character of the Kent Downs AONB. b) Effect upon landscape character. 12. National policy at Chapter 15 (Conserving and enhancing the natural environ- ment) of the Framework2 requires the protection and enhancement of valued landscapes. It confirms that great weight should be given to conserving and enhancing landscape and scenic beauty in AONBs (paragraph 172). Policies DM 15 and DM 16 of the Core Strategy likewise seek to protect the countryside and the character of the landscape. 13. The single storey annex would replace an existing brick built shed that would be demolished. Although much larger than that structure, the new building 1 Dover District Local Development Framework: Core Strategy (February 2010). 2 The National Planning Policy Framework (July 2018). Appeal Decision APP/X2220/D/18/3210088 3 would relate visually to Westcliffe Farmhouse. Importantly, it would be wholly screened in public views from the AONB by Bovine Lodge next door, the other dwellings and farm buildings to the east and by the topography of the open farmland to the west, which rises beyond the boundary of the farmhouse. 14. For these reasons, I have found upon the second main issue that the erection of a low-key building in this location would preserve the landscape quality of the Kent Downs AONB. As such, development as proposed would accord with national policy in the Framework as referred to above and Policies DM 15 and DM 16 of the Development Plan. Conditions 15. The Council has put forward a total of eight conditions to be imposed should I be minded to allow the appeal, which I have considered against the tests of the Framework and advice provided by the Planning Practice Guidance. 16. Suggested Condition 6 requires the submission for prior approval of details of the positions, design, materials and type of boundary treatment to be erected and for this to be completed prior to first occupation of the development. The annex building would be wholly contained within the residential curtilage of Westcliffe Farmhouse. I further understand that its occupants, who are family members, would share the existing garden facilities. In these circumstances, the erection of boundary treatment is neither appropriate, nor desirable. 17. I find the balance of the conditions to be both reasonable and necessary in the circumstances of this case, my reasons for imposing them being: 18. Condition 1 is the standard commencement condition imposed in accordance with section 91(1) (a) of the Town and Country Planning Act 1990. Condition 2 will ensure the provision of adequate car parking to serve the development, in the interests of highway safety. 19. Given the location of the appeal site within an area of archaeological potential, Condition 3 will ensure that any features of archaeological interest are properly examined and recorded. Condition 4, which restricts use of the annex building to purposes ancillary to the residential use of Westcliffe House, is necessary to prevent the formation of a separate dwelling in this rural location, which would be contrary to Development Plan policy. 20. Condition 5 will safeguard the residential amenity of adjoining occupiers, while Condition 6 will enable the Local Planning Authority to regulate and control the development of land in the interests of protecting the character and amenities of the locality. 21. Condition 7, which requires the development to be carried out in accordance with the approved plans, provides certainty. Conclusion 22. For the reasons given above, I conclude that the appeal should be allowed. R. J. Maile INSPECTOR Appeal Decision APP/X2220/D/18/3210088 4 Schedule of Conditions Annex A 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) No development shall take place until a plan and details indicating the provision and location of car parking space to serve the annex building hereby permitted, including a programme for its implementation and the type of hard surfacing to be used, have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 3) No development shall take place, including any site clearance or preparatory work, until the applicant has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification, details of which shall first have been submitted to and approved in writing by the Local Planning Authority. 4) The annex building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Westcliffe Farmhouse, Dover Road, Westcliffe, Dover, CT15 6EN. 5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order, with or without modification) no openings shall be constructed within the flank (north) elevation of the annex building hereby permitted. 6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order, with or without modification) no development shall be carried out within Classes A and B of Part 1 of Schedule 2 to that Order. 7) The development hereby permitted shall be carried out in accordance with the following approved plans and supporting information: FCS-2017-007-001 Rev 01: Proposed Floor Plan and Section ‘A - A’ – scale 1:50; Proposed Roof Plan and Elevations – scale 1:100. Location Plan: scale 1:1250. Proposed Block Plan: scale 1:500. Foul Sewage Plan: scale 1:500. Wheelchair Turning Circles: not to scale. Tree Location Plan: scale 1:500. Details of external materials, including photographs. Design and Access Statement.