Policy HOU9 Replacement Dwelling

Planning permission will be granted for a replacement dwelling in the countryside where:

  1. the building to be replaced exhibits the essential characteristics of a dwelling; and
  2. as a minimum all external structural walls are substantially intact.

For the purposes of this policy all references to ‘dwellings’ will include buildings previously used as dwellings.

Buildings designed and used for agricultural purposes, such as sheds or stores, and buildings of a temporary construction will not be eligible for replacement under this policy.

This policy will not apply to buildings where planning permission has previously been granted for a replacement dwelling and a condition has been imposed restricting the future use of the original building, or where the building is immune from enforcement action as a result of non-compliance with a condition to demolish.

Listed Dwelling

Planning permission will not be granted for the replacement of a listed dwelling unless there are exceptional reasons, see Policy HE4 Listed Buildings - Demolition of a Listed Building.

Non-Listed Vernacular Dwelling

All proposals for the replacement of a non-listed vernacular building will be assessed against this policy and the policy provisions of Policy HE8 Non-listed Locally Important Building or Vernacular Building.

Non-Residential Building

Favourable consideration will be given to the replacement of a permanent redundant non-residential building with a single dwelling, where the redevelopment proposed would bring significant environmental benefits and provided the building is not listed or otherwise makes an important contribution to the heritage, appearance or character of the locality.

All Replacement Cases

In addition to the above, a proposal for a replacement dwelling will only be permitted where it meets the General Policy, accords with other provisions of the LDP and where:

  1. The proposed replacement dwelling is sited within the established curtilage of the existing building, unless either:
    1. the curtilage is so restricted that it could not reasonably accommodate a modest sized dwelling; or
    2. it can be shown that an alternative position nearby would result in demonstrable landscape, heritage, access or amenity benefits;
  2. The overall size of the new dwelling should allow it to integrate into the surrounding landscape and would not have a visual impact significantly greater than the existing building.

For the purposes of this policy ‘curtilage’ will mean the immediate, usually defined and enclosed area surrounding an existing or former dwelling house.

Justification and Amplification

The replacement of existing dwellings particularly those that may be unfit, is important to the renewal and up-grading of the rural housing stock and can secure environmental benefits. All permissions for a replacement dwelling granted under this policy will be subject to a condition requiring demolition of the existing dwelling or restricting its future use if it is to be retained as part of the overall development scheme, and in cases where the original building is retained, it will not be eligible for replacement again.

This policy does not allow for the replacement of buildings which are essentially ruinous or where the building is only partially remaining. The terms ‘essential characteristics’ and ‘substantially intact’ raise detailed and site specific issues relating to the characteristics and condition of buildings and each case will be assessed on its individual merits. The onus is on the applicant to demonstrate that the building to be replaced meets both of these criteria through the submission of detailed plans, photos or other verifiable evidence.

Proposals to replace existing semi-detached or terraced dwellings will generally only be acceptable if replaced in situ with the proposed new dwelling remaining attached to the other elements of the existing development unless there are practical mitigating circumstances to be considered. All proposals for a replacement dwelling located within a Special Countryside Area will be assessed against this policy and strategic spatial proposal CS2 Special Countryside Areas.

It should be noted that the policy provisions of Policy HE4 Listed Buildings - Demolition of a Listed Building state that there is a presumption in favour of the retention of buildings listed as being of special architectural or historic interest.

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