Self-build house and garage at Land Off Church Road, Witherley

What was proposed

The application sought a self-build three-storey dwelling and detached garage, using an access from Church Road and providing four parking spaces.

“This planning application seeks full planning permission for the erection of a self- build, detached dwelling and ancillary detached garage. The application has been submitted following a pre-application, 24/10165/PREHMO, for the erection of one dwelling.”

“The development proposes to utilise an access off Church Road, with a large, detached garage which has capacity for 4no. off-street parking spaces.”

Officer report

The site and surroundings

The site is open grassland within the conservation area and countryside, with mature vegetation, heritage assets nearby and the River Anker along its western boundary.

“The WCAA identifies that Witherley Hall (another key building of local heritage interest), and the Old Rectory have wooded grounds running down to the river. The WCAA continues and identifies that the key private green spaces as the grounds of the Old Rectory, the adjacent paddock (the application site,) and Witherley Hall, have all been carefully landscape and fall gently towards the river.”

“To the north of the application site is The Old Rectory, which has large landscape grounds including mature trees along its shared boundary to the site. To the southeast of the site is 5 Church Road. Both properties are recognised as being unlisted buildings of local historic or architectural importance within the WCAA. The Old Rectory also features several important trees along its shared boundary with the application site.”

Officer report

Earlier planning history

A previous pre-application for one dwelling was considered unacceptable in principle because of countryside, landscape, conservation and heritage impacts.

“Erection of ONE dwelling • Preapplication response given • 09.01.2025 • Pre-application response summary:”

“The development represents new and unjustified residential development within the designated open countryside, which causes significant harm to the rural character of the area, the designated open countryside, the Sense Lowlands Character Area and the Witherley and Surroundings Landscape Sensitivity Area).”

Officer report

What officers recommended

Officers recommended permission because the tilted planning balance meant the adverse impacts would not significantly and demonstrably outweigh the housing and self-build benefits.

“Therefore, currently the ‘tilted’ balance in paragraph 11(d) of the NPPF applies and planning permission should be granted unless 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.”

“The planning balance is therefore finely weighted. The limited Policy DM4 harm balance out the limited benefits of housing. This leaves the significant heritage harms to moderately outweigh the limited social and economic benefits combined with the moderate benefits of self and custom housing.”

Officer report

Consultation responses

Ecology, waste, drainage, highways, the Environment Agency, environmental health and arboriculture raised no objections subject to conditions or advice, while the parish council made no comment.

“Following the submission of additional information, LCC Ecology have confirmed they have no objection to the proposal subject to relevant planning conditions which have been included at the end of this report.”

“HBBC waste have confirmed they have no objections subject to a condition included at the end of this report. The condition will secure adequate provision of waste and recycling storage.”

Officer report

Residents’ concerns

Five addresses objected, citing the proposal’s scale, character, heritage effects, loss of light, ecology, trees, archaeology, highways, flooding and construction disruption.

“As a result of the public consultation, responses from 6 separate addresses have been received with 5 in objection and 1 response in neither support or objection to the proposal.”

“Scale of the development: The scale of the development is too large. • Character: The development is not sympathetic to the character of the area, nor is synonymous with neighbouring buildings. • Conservation Area: The development is not sympathetic to the conservation area, surrounding buildings and heritage assets, nor the graveyard. • Heritage: Harm outweighs benefits.”

Officer report

Who spoke

Two objectors and the agent spoke during consideration of the application.

Members’ discussion

Members supported additional controls on construction hours, ecological protection for the River Anker and permitted development rights covering the garage.

“Members discussed the application and indicated support for additional conditions governing the hours of construction. Alongside amendments to conditions 3 and 15, to allow further ecological protection for the River Anker, and to ensure that the garage was included within the restrictions on Permitted Development.”

Minutes

The vote

Councillor Bray moved approval, Councillor R Allen seconded it, and the motion with amendments was carried.

“It was moved by Councillor Bray, and seconded by Councillor R Allen, that planning permission be approved.”

“A vote was taken on the motion to approve, including the amendments, which was CARRIED and therefore:”

Minutes

The decision

Planning permission was granted with the officer conditions, added controls, a legal agreement securing the self-build dwelling and delegated authority for final details.

“(ii) The completion of a legal agreement securing the dwelling as a Custom and Self Build Dwelling; and…”

“(iii) The Assistant Director Planning and Regeneration being given powers to determine the final detail of planning conditions and legal agreement.”

Minutes