None of these options were considered appropriate due to technical and aesthetic by Z7ny139




Former Grammar School, Cottingham Road, Kingston Upon Hull, ,

Application to vary condition no. 1 of approval 22233K to include the raising of the first floors and
roof lines in height by 150mm (6'') on all plots and the removal of render treatment.

Shepherd Homes Ltd


-    vary condition no. 1 of approval 22233K to include increase in overall height of buildings by
150mm (6”) and revised finishes
-    Objection(s) received.
-    Recommended for conditional approval.


Former school site on south side of Cottingham Road with extant permission for redevelopment for
housing. Bounded to west by Newland Park Conservation Area.


Application to vary condition no. 1 of approval 22233K to include the raising of the first floors and
roof lines in height by 150mm (6'') on all plots. Revised external finishes to some plots.


2005 - erection of 87 dwellings with associated access roads – withdrawn

2006 – erection of 45 dwellings with garages, access road, provision of multi use games area and
conversion of some former school buildings to provide accommodation for community use – outline
application – approved with conditions

2007 – approval of reserved matters


2 representations from neighbours stating,

1. ‘In brief no objection to the raising of buildings a further 150mm (6ins) over the development with
the exception of those adjacent to the gardens of Newland Park houses. It is unnecessary on the basis
that the same internal height can be provided by altering the design of the internal structure of the

2. Raising the house by 6 inches would have an over dominant effect on local houses, undue sense of
enclosure and adverse effect on the occupiers of houses to the north.


The application is accompanied by a Design and Access Statement, which states that all first floor
ceiling heights are to be increased to allow for deeper standard windows and thus provide greater
glazed area to increase natural light to the rooms. Consideration was given to increasing the width of
windows, the use of different roof trusses, and lowering cills. None of these options were considered
appropriate due to technical and aesthetic issues. Alterations to external materials including feature
brick banding to front elevations and verges.


Regional Spatial Strategy

No relevant policies.

Joint Structure Plan (adopted July 2005)

SP5 - High standard of design in development proposals.

Local Plan -

BE1 - Seek high standards of design.

BE3 - Quality of housing developments.

BE6 - Good landscaping required.

BE21 - Allow development in vicinity of a C.A. which does not detract from its character or

H1 - Allow housing subject to detailed considerations.


This application is made under Section 73 of the Town and Country Planning Act 1990 which allows
for applictions for planning permission without complying with the conditions to which a previous
permission was granted. It creates a new permission, with a varied wording of condition, which the
applicant can implement or ignore and does not amend any existing planning permission.
On an application such as this the local planning authority can consider only the question of the
conditions submect to which planning permission should be granted. However, it should be noted that
an application under these circumstances requires the authority to look at the planning circumstances
covering the approval in its entirety and not preceed simply on the basis of whether the condition had
been inappropriately imposed in the first place.

The merits and details of this application have been reconsidered. Since the decision in 2007, there
have been no material changes in the circumstances, planning policies remain the same; and the nature
of the proposal remains the same. It should be noted that this application is for reserved matters and
all the conditions on the outline approval are still in force.

The proposal comprises increasing the overall height of previously approved houses by 150mm to
increase the ceiling heights of first floor rooms to allow the use of deeper windows at first floor level
to allow more natural light into upstairs rooms, and alterations to external appearance by the
incorporation of brick banding and the deletion of render on one house type and revisions to the area of
render on other house types. There would be three properties with fully rendered front elevations.

There have been representations made about the proposed increase in overall height of the buildings.
Concerns raised relate to overlooking, over dominance, undue sense of enclosure and the adverse
effects on occupiers of nearby properties.

The originally approved properties would have had overall heights of between 7.25 (23ft 9ins) and
8.65m (28ft 4ins). The proposed heights would be between 7.4 (24ft 3ins) and 8.8m (28ft 10ins),
representing a 1.7% to 2% increase. In light of the distance between proposed building and existing
properties it is considered that the increase in the overall height of the proposed buildings would not
have a serious adverse effect on the amenity of neighbouring occupiers by way of overshadowing,
overlooking over dominance or creating an undue sense of enclosure. It is therefore considered that the
increase in overall height would be acceptable.

Ecology/Renewable Energy

Due to the nature of the proposal (not involving the creation of new properties but revising previously
approved designs) there is no need to consider specific measure to secure a minimum 10% generation
of energy from renewable sources

Given the details of the proposal and the characteristics of the site it is considered that there would be
no impact on areas or species of ecological significance.

Crime and Disorder

Given the nature of the proposal it is considered that it would be unlikely for there to be an increase in
crime or disorder, or the potential for such an increase.

Flood Risk

The proposal raises no new flood risk issues as it relates solely to alterations to previously approved
buildings with no increase in floor space.

Design and Conservation
The site is adjacent to Newland Park Conservation Area. The alterations to the external appearance
comprise the incorporation of render on some properties, changes to the areas rendered on others, and
the incorporation of a brick band detail at first floor level. The proposed alterations are in accordance
with the original Design and Access Statement which related the development with the neighbouring
Newland Park Conservation Area. It is therefore considered that the revised elevation treatments are


The proposed increase in height would not have an adverse effect on the amenities of neighbouring
occupiers due to the distances between properties.

The proposed alterations to the external appearance of the buildings comprise materials in the
originally approved palette and are in accordance with the original design and access statement. The
proposal therefore accords with policies BE1 and BE3 of the Local Plan.


That the application be approved for the following reason : -

1.     The proposed alterations would have an acceptable effect on, the surrounding area and the
amenities of neighbouring occupiers, and would comply with policies BE1, BE3, BE21 and H1 of the
Local Plan and policy SP5 of the Joint Structure Plan.

and subject to the following conditions: -

1      DET1A(development to accord with plans)

2      DET2Atime limit - 3 years

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