Open Decision Item 3 022 1 Development Control Committee 8 June 2011 Applications for Planning Permission 11/00060/DPA Proposed development of 5 detached properties (2 x1 storey, 2 x 1.5 storey and 1 x 2 storey) and associated works Land to rear of 38 High Street, Gretton for Mr Steven Bateman Background This application relates to an area of land to the rear of 38 High Street, in the village of Gretton. This land was most recently used for the storage of agricultural plant and machinery as well as the distribution of crash barriers and railway sleepers. Although the land is to the rear of No.38 High Street, it is accessed from Kirby Road, rather than High Street and is surrounded by dwellings of varying styles. Part of the site is within the Conservation Area although most of it is not. There is a history of applications on this land and there is outline planning permission for 3 bungalows on part of the site. Since the previous application was submitted there has been a change in land ownership and the applicant has put forward this proposal, with an enlarged site area, and is seeking to construct five properties rather than three. There is also an application on the adjacent site at Orchard Lane which is being considered separately. The application is being brought to Committee owing to objections raised by nearby residents and by the Parish Council. Description This proposal is for five detached properties and associated works. The proposed accommodation schedule is as follows: • 2x 1 storey, 3 bedroom properties • 1x 1.5 storey, 3 bedroom property • 1x 1.5 storey, 4 bedroom property • 1x 2 storey, 4 bedroom property Each of the properties would have associated parking and amenity areas and would be accessed via a new shared private driveway from Kirby Road. Site History At the application site • 08/00106/OUT - Outline application to build 5 properties at land to rear – Application Refused • 09/00150/OUT - Outline application to develop land to rear of 38 High Street Gretton for 3 bungalows – Application Permitted with Section 106 agreement.
Transcript
Open Decision Item 3
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Development Control Committee 8 June 2011
Applications for Planning Permission
11/00060/DPA Proposed development of 5 detached properties (2 x1 storey, 2 x 1.5 storey and 1 x 2 storey) and associated works Land to rear of 38 High Street, Gretton for Mr Steven Bateman
Background
This application relates to an area of land to the rear of 38 High Street, in the village of Gretton. This land was most recently used for the storage of agricultural plant and machinery as well as the distribution of crash barriers and railway sleepers.
Although the land is to the rear of No.38 High Street, it is accessed from Kirby Road, rather than High Street and is surrounded by dwellings of varying styles. Part of the site is within the Conservation Area although most of it is not. There is a history of applications on this land and there is outline planning permission for 3 bungalows on part of the site.
Since the previous application was submitted there has been a change in land ownership and the applicant has put forward this proposal, with an enlarged site area, and is seeking to construct five properties rather than three. There is also an application on the adjacent site at Orchard Lane which is being considered separately.
The application is being brought to Committee owing to objections raised by nearby residents and by the Parish Council.
Description
This proposal is for five detached properties and associated works. The proposed accommodation schedule is as follows:
• 2x 1 storey, 3 bedroom properties
• 1x 1.5 storey, 3 bedroom property
• 1x 1.5 storey, 4 bedroom property
• 1x 2 storey, 4 bedroom property
Each of the properties would have associated parking and amenity areas and would be accessed via a new shared private driveway from Kirby Road.
Site History
At the application site
• 08/00106/OUT - Outline application to build 5 properties at land to rear – Application Refused
• 09/00150/OUT - Outline application to develop land to rear of 38 High Street Gretton for 3 bungalows – Application Permitted with Section 106 agreement.
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• 09/00156/CLE - Mixed use of agricultural and storage of crash barriers, telegraph poles and railway sleepers for resale at land to rear of 38 High Street – Certificate of Lawful Development Issued
On adjacent land at Orchard Lane
• 96/C066 - Plot 4 Orchard Lane Gretton - The erection of a single storey dwelling and double garage – Application Permitted.
• 10/00120/DPA - Plot 4 Orchard Lane, Gretton – The erection of a single storey dwelling and double garage – Application Permitted.
• ‘Saved’ Policy P1(E) of the Corby Borough Local Plan.
• Policy 13 of the North Northamptonshire Core Spatial Strategy.
• Planning Policy Statement 3 – Housing.
Consultation
• Gretton Parish Council – Object on the grounds of
o Visual impact
o Loss of privacy
o Inadequate access to the development, particularly for emergency/refuse vehicles, and noting that there are rights of way to High Street properties
o Congestion & lack of parking
o Drainage and potential for contamination on the site.
• Highway Authority – Do not object to the proposal
• Environment Agency - Do not object to the proposal
• Wildlife Trusts
o Initial comments – noted that no ecological report had been submitted and recommended that the application should not be determined without such information
o Further comments (following receipt of a biodiversity survey) – propose that the recommendations in the report are taken on board and conditioned accordingly
• CBC Principal Engineer – Provides advice related to drainage, bin collections and the access road to the development.
• CBC Environmental Health – Do not object to the proposal subject to conditions relating to a Phase 1 desk study and if necessary, a Phase 2 site investigation.
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• CBC Local Plans – Provide advice related to housing allocation numbers
Advertisement/Representations
1. Site Notice – Two site notes were posted, one on Kirby Road and one on High Street on 01.03.11.
2. Public Notice (ET) – The proposal was advertised in the local newspaper on 21.03.11.
3. Neighbour Notification – 36 Properties were notified on Orchard Lane, Caistor Road, Kirby Road and High Street
4. Summary of Representations – Eight letters of representation were received from local residents and the local ward member. Several of the letters do not object to the principle of development on the site, citing the previous approval for 3 bungalows, but objections have been received on the following grounds:
o Overdevelopment of the site
o Exceeds the previous permission, 5 properties were previously refused
o Heights of properties
o Increase in traffic & access concerns
o Highway safety (accesses close to one another) and lack of parking
o Lack of sustainable measures for the new properties
o Change in character of the area/Impact on Conservation Area
o Cramped form of development
o Effects on residential amenity (noise, loss of privacy, loss of light, visual impact, overshadowing & other nuisance)
Report
Background & Principle of Development
The site at 38 High Street, Gretton is a long, thin area of land which runs from east to west and is bordered by Kirby Road to the east, 38 High Street to the west, and residential property curtilages on Orchard Lane to the south and Caistor Road/High Street to the north.
There have been residential proposals on this site in the past, with a proposal for 5 properties being refused, and a scheme for 3 bungalows being permitted with a Section 106 agreement. It is important to note that the site area for this application is larger than the previous two proposals, and includes land which is in the Conservation Area closer to No.36 and No.38 High Street.
Some of the representations received to this application have cited the previous approval for 3 bungalows as their preferred choice, and state that the current application exceeds the permission which already exists. As a point of clarity and notwithstanding the existing approval on part of the site, this is a new and full application for planning permission on a different site area. There are no ‘options’ to choose from and the proposal must be considered on its own merits.
Taking the above into account, it is noted that the principle of residential accommodation on most of the application site has been accepted, following the grant of outline permission for three bungalows in April 2010 (Application reference 09/00150/OUT).
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The applicant has supplied further information to justify the additional two dwellings above the three which already have outline permission, noting that the rural housing allocation has already been met, but equally noting that the council does not currently have a 5-year housing land supply.
With the principle of development already accepted on most of the site, the merits of the proposal in terms of its design and layout will be a material planning consideration as to whether the principle of residential accommodation is accepted on the additional part of the site.
A separate application for a single dwelling at Orchard Lane has also been submitted by the same applicant and this is under separate consideration. There is no conflict between the layout of either of these proposals, so one would not prejudice the recommendation or decision of the other scheme.
This application, if approved, would also be subject to a Section 106 agreement, with a contribution being made towards the Village Hall and village amenity.
Introduction to Dwellings & Site Layout
This application proposes five new detached properties, with associated amenity space and parking areas. Each of the properties would be accessed from a new shared driveway which would utilise the existing access point from Kirby Road and run along the northern part of the site, with dwellings being sited to the south (plots 1-4) and west (plot 5). There would be no through route to High Street, but there is proposed to be a turning area between plots 3 & 4 which will accommodate a HGV such as a refuse lorry or fire engine.
The accommodation schedule would be as follows:
• 2x 1 storey, 3 bedroom properties (Plots 1 & 2)
• 1x 1.5 storey, 3 bedroom property (Plot 3)
• 1x 1.5 storey, 4 bedroom property (Plot 4)
• 1x 2 storey, 4 bedroom property (Plot 5)
All of the properties would be finished in stone, with slate roofs and would have garages and driveways which will accommodate a minimum of two cars each. Existing rights of access to the rear of properties on Caistor Road and High Street, although not a material planning consideration, would be retained.
First floor accommodation for plots 3-5 is as follows:
o Plot 3 – 1 Bedroom with Dressing Room & En-suite
o Plot 4 – 2 Bedrooms (one named as store/games room) & Bathroom
o Plot 5 – 4 Bedrooms, Bathroom & En-suite
The site slopes downwards from east to west, and the submitted section drawing (4706/36) illustrates how the five properties would relate to their surroundings. The tallest property would be Plot 5, a two storey dwelling to the west of the site which would have a ridge height (excluding the chimney) of 7.95m. The other four properties are 1 and 1.5 storeys in height respectively and the heights of buildings are considered to be acceptable in principle. The surrounding area comprises a variety of 1, 1.5 and two storey properties and this proposal does not deviate from that mix.
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There have been objections to the development and some of these states that the proposal represents a cramped form of development. In context of the surroundings and on its own merits, this is not considered to be the case. Whilst an application for five properties has been refused in the past, this was on a smaller area of land.
Relationship with surroundings
The five properties as proposed would be set off the proposed access road and have generally been sited and orientated to look into the site, rather than towards other residential properties. Plots 1 & 2 are bungalows and so would not overlook any of the neighbouring properties.
Plots 3, 4 & 5 would have accommodation on the first floor. With regard to plot 3, the upper floor windows would be roof lights, and these would face towards plots 2 and 4 with the exception of an en-suite window in the south-facing gable end.
Similarly, plot 4 would have roof lights only and these would face towards the garages of plots 4 & 5. There would be some incidental overlooking of the property at No.6 Orchard Lane, but this would be a side-on relationship, only relates to one of the rooms in the roof space and is considered to be an acceptable relationship.
Plot 5 will have bedroom and bathroom windows on the first floor. The bedroom windows will face east and west, with the bathroom window facing north towards the outbuildings at No.34 High Street.
The objections which refer to loss of privacy and residential amenity issues (noise, loss of privacy, loss of light, visual impact, overshadowing & other nuisance) have been considered following consultation. The Environmental Health team have raised no objection to the proposals in this regard.
Overall, and taking into account the land level changes within the site, it is considered that the positions of the dwellings in respect of their relationships with and distances from each other and the surrounding properties, together with their orientation and overall impact on residential amenity would be acceptable in this case.
Access, Traffic & Parking
There have been a number of concerns raised in relation to the site access, parking provision and traffic generation. At present, the site is not in use although previously it was used for the storage and distribution of crash barriers and railway sleepers. HGV’s would enter the site from Kirby Road.
If the proposal is approved and implemented, the distribution use would then be lost from the site. Access to the new properties would be from the existing Kirby Road access point, with a new shared driveway being constructed.
The shared driveway would be constructed to a standard which would accommodate a HGV such as a bin lorry, and there is turning space within the site to allow for a bin lorry to make collections and leave the site in a forward gear.
Each of the new properties would have its own garage and driveway, which combined provide for a minimum of 3 spaces per property. The Highway Authority have been consulted on the application and have raised no objections to the proposal in respect of parking and highway safety issues.
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Land Contamination, Biodiversity & Drainage
In terms of land contamination, which has also been raised as a potential issue by one of the objectors, as part of their submission, the applicant has provided a Ground Investigation Report, which has been assessed by our Environmental Health team. The report has established that a remediation strategy is required and Environmental Health have recommended that conditions are imposed on any permission issued.
Turning to biodiversity, The Wildlife Trusts were consulted early on in the application process and recommended that the proposal was not determined without further information being provided.
The applicant has since submitted a biodiversity survey and the Wildlife Trusts were consulted again. They accept the recommendations in the report which relate to landscaping and lighting and are now happy to deal with this issue via planning conditions
In respect of drainage, the site falls within a low flood risk area and it is proposed that the buildings and paved areas will drain to new soakaways. The Principal Engineer and Environment Agency have been consulted on the application and neither have raised any objections. The Engineer has recommended that a Drainage Study is provided which is considered to be reasonable and this can be imposed as a planning condition.
Section 106
As discussed earlier in the report, if the application is approved, there would be a financial contribution towards the Gretton Hall and village amenity secured through a Section 106 legal agreement.
A Section 106 Planning Obligation can only be required if it meets the statutory tests set down by the Community Infrastructure Levy (CIL) regulation 122, which state that planning obligations must be:
• necessary to make the development acceptable in planning terms;
• directly related to the development; and
• fairly and reasonably related in scale and kind to the development.
Five additional properties would put extra strain on the limited village resources such as the village hall, open spaces and play equipment.
On that basis, a Section 106 agreement is considered to be reasonable in this case, and it must also be considered that the previous permission for 3 properties was accompanied by one.
Housing Supply
Also mentioned earlier in the report was the issue of housing need, given that the rural housing allocation for Corby Borough has already been met to 2026, with a 16% oversupply at present which is largely attributed to the Little Stanion development.
In addition and owing to economic conditions, the council does not currently have a 5-year housing land supply, as the supply of housing is currently falling short of the targets set out in the Core Spatial Strategy.
Taking these issues into account, and when considering the overall planning merits of the scheme; particularly the improvements that have been achieved with the layout by enlarging the site area, it would be difficult to justify a refusal of permission solely on the basis of an additional two dwellings in the village.
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Conclusion
Overall and subject to a number of planning conditions and the prior completion of a Section 106 agreement, it is considered that the proposal would be acceptable. The recommendation is for approval.
Recommendation:
Approve subject to the following conditions and the prior completion of a Section 106 agreement as set out in the report:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2. The precise details of wall and roofing materials to be used as part of this development shall be agreed with the Local Planning Authority prior to the construction of the dwellings commencing. Development shall only take place in accordance with the approved details. All stonework shall be jointed and laid to course in the local manner.
Reason: In the interests of visual amenity and to accord with Policy 13 of the North Northamptonshire Core Spatial Strategy
3. The areas shown for parking and turning on the approved plans shall be laid out and surfaced to the satisfaction of the Local Planning Authority before the properties are occupied and shall be permanently set aside and reserved for the purpose.
Reason: In the interests of highway safety and to accord with Policy 13 of the North Northamptonshire Core Spatial Strategy.
4. Prior to the construction of dwellings, a landscaping scheme including all proposed boundary treatments and any exterior lighting shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all species and materials proposed, existing trees and hedges to be retained and fences/walls to be erected. The scheme should also include all proposed ground preparation and after-care measures. The development shall be undertaken in accordance with the approved details.
Reason: In the interests of residential amenity and biodiversity in accordance with Policy 13 of the North Northamptonshire Core Spatial Strategy.
5. Before development commences, further details of foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority. Development shall only take place in accordance with the approved details.
Reason: To ensure satisfactory drainage from the site in accordance with Policy 13 of the North Northamptonshire Core Spatial Strategy
6. Before development commences, a Remediation Strategy for dealing with contamination on the site shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Environmental Health section. Works shall only take place in accordance with the approved strategy.
Reason: To ensure that any possible land contamination is fully assessed and mitigated in accordance with Policy 13 of the North Northamptonshire Core Spatial Strategy
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7. If, during development, contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the Local Planning Authority.
Reason: To take account of any contamination which is not known at this moment in time
8. This approval relates to the following plans:
• 4706/35 – Block Plan as proposed
• 4706/01 E – Site Layout
• 4706/02 B – Plots 1 & 2 Proposed Plans
• 4706/03 B – Plots 1 & 2 Proposed Elevations
• 4706/04 C – Plot 3 Proposed Plans
• 4706/05 C – Plot 3 Proposed Elevations
• 4706/06 B – Plot 4 Proposed Plans
• 4706/07 B – Plot 4 Proposed Elevations
• 4706/08 B – Plot 5 Proposed Plans
• 4706/08 B – Plot 5 Proposed Plans
• 4706/12 A – Vehicle Tracking Plan
• 4706/36 – Proposed Garages, Plots 3, 4, 5 & 6
• 4706/36 – Cross Section as Proposed
• 6198cv-01 – Topographical Survey Sheet 1 of 6
• 6198cv-02 – Topographical Survey Sheet 2 of 6
• 6198cv-03 – Topographical Survey Sheet 3 of 6
Reason: For the avoidance of doubt and in the interests of proper planning.
REASONS FOR APPROVAL:
Subject to compliance with the conditions and Section 106 Agreement attached to this planning permission, the proposal to erect 5 detached dwellings with associated works on land to the rear of 38 High Street, Gretton would constitute an acceptable form of development.
The new properties as proposed would be of an acceptable design, would not harm the character or appearance of the surroundings or Conservation Area, would have adequate access, adequate parking provision and would be acceptable with regard to residential amenity. The proposal is therefore in accordance with ‘Saved’ Policy P1 (E) of the Corby Borough Local Plan and Policy 13 of the North Northamptonshire Core Spatial Strategy.
