_Attachment17_Report details - Hull City Council

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_Attachment17_Report details - Hull City Council Powered By Docstoc
					                                                                                                 MYTON


00023024C

Railway Dock, Hull Marina, Railway Street, Kingston Upon Hull, HU1 1UH,



1) Change of use of dock from leisure moorings to mixed use of leisure and residential moorings
(maximum of 30 residential moorings).
2) Erection of new bin storage compound.
3) Erection of 16 space cycle shelter.

British Waterways Marinas Ltd.


SUMMARY

-     Change of use from leisure moorings to mixed use of leisure and residential moorings
(maximum of 30 residential moorings)
-     Letters of objections and support received.
-     Recommended for conditional approval.

SITE

The application relates to Railway Dock, which is part of the Hull Marina and is grade II listed. The
application site also includes parts of Railway Street where there is on-street parking available and part
of the boat yard which serves the marina and which is located on the south western side of Railway
Street.

The site is located within the Old Town conservation area. The site is also located within the setting of
three listed buildings/structures: the former Ellerman’s Wilson Line offices on Commercial Road;
Warehouse 13 on Kingston Street; and Humber Dock.

PROPOSAL

1) Change of use of dock from leisure moorings to mixed use of leisure and residential moorings
(maximum of 30 residential moorings).

2) Erection of 16 space cycle shelter.

The proposed location for the cycle shelter is within the main boat yard on Railway Street.

PLANNING HISTORY

None directly relevant.
REPRESENTATIONS

CAAC
No objection.

Highways Development Control
No objection.

Environment Agency
No objection.

English Heritage (Planning)
No comments.

Highways Agency
No objection.

1 letter of objection from resident of Kingston Wharf:

- the 16 space bike shed is insufficient
- extra traffic noise
- where will the residents park?
- residents will dump their waste in the dock
- will become a dumping ground for old badly converted barges which are poorly maintained and will
make the marina look an eye saw

1 letter of support from resident of Kingston Wharf:

•       Will provide more people the chance for an alternative low carbon lifestyle and support a more
vibrant marina
•       Will mean there are more people with a direct interest in maintaining and improving the
marina

APPLICANTS CASE

Planning supporting statement submitted setting out the following:

•       BWML provide approx. 300 moorings within the two docks (Railway Dock and Humber
Dock)
•       BWML currently offer Grade 1 and Grade 2 moorings at Hull Marina. None of the moorings
have full residential status, rather they have unlimited leisure use
•       Boat owners at Hull Marina are currently unable to formally live all year round at the marina
should they wish to do so and as such cannot benefit from the same services available to those who are
formal residents of Hull. They do not pay council tax and are not able to register to vote in the area
•       The demand for formal residential boat moorings has been steadily increasing and BWML is
considering the provision of such moorings at a number of its marinas across the UK including Hull
Marina
•       The proposal to seek permission for up to 30 residential moorings would equate to 10% of the
existing moorings at Hull Marina being in residential use
•        It is proposed not to identify specific moorings for residential use but have them dispersed
across Railway Dock
•        The residential moorings would be serviced by the same facilities as the existing non-
residential Grade 1 moorings on site and for all intents and purposes would be indistinguishable from
other moorings
•        The boats which would be using these moorings would not be floating “houseboats” e.g. large
static floating blocks. The moorings would be occupied by a mixture of narrowboats, yachts and wider
barges. As such the residential boats would be indistinguishable from the existing leisure craft within
the marina and on the canal
•        It should be noted that boaters at BWML sites must enter into a comprehensive licensing
agreement which prohibits the installation of structures such as sheds, washing lines and other such
domestic paraphernalia
•        existing car parking spaces for the moorings are set out within the docks area. All parking
spaces at the docks are permit controlled. Each of the residential moorings will benefit from a parking
permit. The residential moorings will also benefit from the existing electricity and water points within
the mooring area
•        many marina users already stay on their boats for lengthy periods at a time throughout the year
•        BWML consider that there is a requirement for 30 berths for residential boats. The availability
of lower grade moorings used by those moorings boats for more occasional recreational use will not be
altered
•        All moorings at the site already enjoy connections to electricity and water and have waste
disposal and car parking adjacent, therefore no physical changes to the moorings and surrounding area
are proposed. There will be no change to the way in which the marina operates
•        This application is simply for a change of use
•        The benefits and advantages to the marina users and the local area from the proposed
development would be extensive
•        Residents could take advantage of local employment sources which would boost the local
economy
•        Residents could make use of the local facilities such as educational facilities, health centres and
libraries etc
•        The increased presence of boat occupiers throughout the year would increase security at the site
•        Would provide an additional type of low cost home in the area
•        With regards to parking, in General BWML’s marinas comply with the parking standards
guidelines set out by the Yacht Harbour Association (TYHA) which recommend a ratio of 1 car
parking space per residential berth
•        The FRA concludes that the proposed change of use is acceptable, considering the design of the
existing pontoons to be used
•        The report recommends that residential boaters should register with the Environment Agency’s
Floodline Warnings Direct Service. Additionally it is recommended that a flood warning and
evacuation plan be produced for the site



                                     PLANNING FRAMEWORK

National Planning Policy Framework

NP18 - Development should recognise and respond to the needs of communities. Development should
be of good design and appropriately located.
NP19(ii) - Planning decisions should seek to protect and enhance environmental and heritage assets in
a manner appropriate to their significance, and reduce pollution.

NP19(v) - Planning decisions should actively manage patterns of growth to make the fullest use of
public transport, walking and cycling, and focus significant development in locations which are or can
be made sustainable

NP19(vii) - Planning decisions should always seek to secure a good standard of amenity for existing
and future occupants of land and buildings.

Regional Spatial Strategy

YH4 - regional cities (including Hull) and sub-regional cities and towns should be prime focus for
housing, employment etc; they will be transformed into attractive, cohesive and safe places.

HE1E - focus most development on Hull, Scunthorpe, Grimsby/Cleethorpes; manage housing in Hull
to reduce housing development in East Riding; manage flood risk.

ENV1 - Floods and Flood Risk

ENV9 - safeguard and enhance the historic environment.

H5 - provide for a mix of housing

T1 - Personal travel reduction and modal shift.

Joint Structure Plan (adopted July 2005)

SP5 - High standard of design in development proposals.

ENV6 – protect and enhance the setting, character or appearance of strategic built and historic assets

Local Plan -

City Centre, Old Town Conservation Area.

G1 - Unless material considerations indicate otherwise:

1. development complying with plan allowed
2. development complying with some policies allowed if benefits outweigh disbenefits
3. development not complying with plan not allowed.

G2 - Allow development subject to location and detailed considerations being acceptable.

G4 - Compatible with predominant land use.

BE1 - Seek high standards of design.

BE10 - Access for the impaired.
BE12 - Minimise opportunity for crime.

BE18 - Have special regard to Conservation Areas.

BE19 - Allow C.A. development if it preserves or enhances.

BE28 - Avoid adverse effects on setting of Listed Building.

M2 - (a) Allow development which minimises travel.
(b) Encourage facilities locally.
(c) Allow major development in public transport corridors or City Centre.
(d) Allow housing where public transport good.
(e) Mixed use development encouraged near transport centres, corridors or city centre.
(f) Allow freight movements near rail, water or primary route.

M29 - (a) Development allowed if access, servicing and parking satisfactory.
     (b) Traffic generation and road safety must be acceptable.

M31 - (a) parking and servicing for City Centre non-housing.
     (b) Housing in City Centre to meet standards in table M1.

M33 - (a) Cycle parking to meet standards in Table M1
     (b) Cycle parking design criteria.

H1 - Allow housing subject to detailed considerations.

CC1 - Development within City Centre allowed subject to details.

CC7 - Housing development within City Centre supported if:
(i) satisfactory standard of development and amenity.
(ii) will not prejudice future nearby non-housing uses.

Other material considerations

Hull Core Strategy Publication Version - June 2011.

CS1/2-5 - City centre priority location for offices, retail, leisure, cultural, and tourism, the focus for
major comparison and convenience retailing; location for development of a range of dwellings and
related community facilities. Large-scale development opportunities brought forward through the
production of development briefs.

CS6/3 - Preserve and, where appropriate, enhance the significance and setting of the city’s heritage
assets, especially those which contribute to the distinct identity of Hull, including Conservation Areas,
Listed Buildings and Locally Listed buildings; distinctive historic buildings relating to Hull’s fishing,
maritime and industrial heritage; the City Centre, and locations which define the historic development
of Hull; court housing; and archaeological remains and deposits.

CS7/1 - Development supported if meets Local Standing Advice on flood risk, including addressing
the sequential approach within the locally defined Flood Zone 3a sub-areas.
CS7/3 - flood risk assessment to demonstrate adequate flood mitigation measures, no increase in flood
risk elsewhere, and surface water managed efficiently on site.

PLANNING APPRAISAL

Principle of use

There are no policies within the local plan which seek to protect the amount of hotel/leisure
accommodation within the City. As the proposal would only result in the loss of 10% of the leisure
moorings, there would however still be a significant number of leisure moorings available for use (a
total of 270).

The site is located within a sustainable location close to services and facilities. The area is
characterised by a mix of uses, including leisure, residential and commercial and the proposed use
would therefore be compatible with this and add to the existing housing mix within the area. In
principle a residential use would therefore be acceptable subject to the detailed considerations which
are discussed further below.

Design and Conservation

The moorings are already in place and are currently used for the mooring of boats for
leisure/recreational purposes. It is not proposed to identify specific moorings for residential use but
have them dispersed across Railway Dock. The residential moorings would be serviced by the same
facilities as the existing non-residential Grade 1 moorings on site and for all intents and purposes
would be indistinguishable from other moorings. It is therefore considered that the proposed change of
use would not result in any harm to the character and appearance of the Conservation Area, the listed
dock or the setting of the adjacent listed buildings.

All boaters at BWML sites must enter into a comprehensive licensing agreement which prohibits the
installation of structures such as sheds, washing lines and other such domestic paraphernalia. BWML
have stated that the boats which would be using these moorings would not be floating “houseboats”
e.g. large static floating blocks. The residential moorings would be occupied by a mixture of narrow
boats, yachts and wider barges. However it is considered that a condition which restricts the type of
boat and which restricts storage and spillage around the moorings for such things as mentioned above
should be attached to any planning permission to ensure that the occupation of the moorings does not
result in visual clutter and the resultant adverse impact upon the listed dock, the Conservation Area
and the setting of the adjacent listed buildings at a future date.

An objection has been received from a nearby residential property concerned about additional waste
being dumped.

Residents of the residential moorings would use the existing refuse facilities located within the boat
yard on Railway Street. Any dumping of waste into the dock would be both a violation of BWML’s
rules and the Environment Agency’s regulations.

The application also proposes a cycle store. This would be located within the boat yard on Railway
Street. It would be set well back into the boat yard away from the boundary with Railway Street and
would not have a significant impact on the character and appearance of the Conservation Area or on
the setting of the nearby listed buildings.
Impact on residential amenity

The proposal seeks to change 30 of the existing 300 leisure moorings to permanent residential use.
The proposal does not involve the increase in the overall number of moorings, the proposal relates to a
change in the nature of the occupation of these moorings. The residential moorings would be serviced
by the same facilities as the existing non-residential moorings on the site. There would be no physical
changes to the moorings or the surrounding area as a result of the change of use. As such it is
considered that the proposal would not have an adverse impact on the amenity of the area. To protect
the outlook from the adjacent residential properties at Warehouse 13 and from the Holiday Inn, a
condition is recommended restricting the installation of domestic paraphernalia, as set out above.

Equalities

There is a ramp from the dock side to the pontoons and therefore there is level access to the side of
each boat. Each boat can then be adapted to provide use for disabled, disadvantaged or elderly people
along with their family, friends or carers, including the provision of Hydraulic lifts, wide access
boarding ramps, and specially fitted showers and WC’s.

Biodiversity

The site is not located within an area identified on the Local Plan Proposals Map as an area of urban
greenspace, a site of nature conservation interest or as forming part of the green network. Given the
details of the proposal and the characteristics of the site it is therefore considered that there would be
no adverse impact on areas or species of ecological significance.

Crime and Disorder

The increased presence of boat occupiers throughout the year as a result of the change of use from
leisure to residential moorings would increase security at the site achieved by their physical presence
and increased surveillance.

Flood Risk

The application site is located within flood zone 3a (iii) of the high risk area of the national high risk
flood zone, as identified by the Environment Agency. A residential use is classed as more vulnerable.
As such, in line with the standing advice, a Flood Risk Assessment (FRA) was submitted with the
application and the Environment Agency (EA) was consulted on the application.

The Environment Agency has no objection to the proposal. They have however recommended that the
occupiers register for Floodline Warnings Direct. The FRA also recommends that a Flood Warning
and Evacuation Plan should be prepared. This should form part of a condition attached to any
permission.

Highways and parking

The site is located within a very accessible location being located within the City Centre and within
easy walking distance of a variety of services and facilities. It is not anticipated that the proposal
would result in a significant increase in vehicle movements or material harm to road safety arising
from the proposal.
The 30 moorings proposed for residential use are already served by individual parking spaces and this
would remain the case once in permanent residential use with 1 parking space each. This level of
parking provision is in keeping with current practice for residential moorings. A new cycle store is also
proposed to aid mode choice.

In light of the above there is no objection from either Highways DC or the Highways Agency.

Conclusion

In summary it is considered that the proposal does accord with relevant development plan policy and
in the absence of overriding material considerations to
the contrary, the application is recommended for approval.

RECOMMENDATION

That the application be approved for the following reason:-

 The proposed development would have an acceptable effect on the surrounding area, the amenities of
neighbouring occupiers, would preserve the character and appearance of the conservation area, and
would have an acceptable impact on the setting of nearby listed buildings, and would comply with
policies BE1, BE19, BE28, M29, M31, CC1 and CC7 of the Local Plan

and subject to the following conditions: -

1      DET2Atime limit - 3 years

2      DET1BDevelopment to accord with approved plan


 3      No development shall take place until a flood warning and evacuation plan has been submitted
to and approved in writing by the Local Planning Authority. The development shall thereafter be
implemented in accordance with the approved details or particular (to reduce the risk of flooding to the
proposed development and future occupants and to ensure safe access and egress from the and to the
site, and to comply with policy G2 and H1 of the Local Plan).

 4     The existing refuse bins/facilities located within the main boat yard on Railway Street shall be
made available at all times for occupiers of the residential moorings (in the interests of visual and
residential amenity and to comply with policy H1 of the Local Plan).

 5      The use(s) approved shall not commence until cycle parking facilities have been provided in
accordance with the approved plans. The cycle parking shall subsequently be retained in its entirety for
such use (in order to ensure adequate provision for cyclists and to comply with policies M33 and BE1
of the Local Plan).

 6      Prior to the mooring of any vessel for residential occupation details of the types or a range of
types of vessel which are to be moored shall be submitted to and approved in writing by the Local
Planning Authority. The vessel shall then comply with the type or range of types approved (to prevent
the mooring of inappropriately designed "house boats" in the interest of maintaining the visual quality
of the site, the surrounding conservation area and the setting of the adjacent listed buildings and to
comply with policies H1, BE1, BE18, BE19 an BE28 of the Local Plan).
 7      No garden sheds, washing lines or other structures shall be erected on the pontoons or the dock
sides within the site without prior written consent from the Local Planning Authority (to maintain the
visual quality of the site, the surrounding conservation area and the setting of the adjacent listed
buildings and to comply with policies H1, BE18, BE19 an BE28 of the Local Plan).

 8      No more than 30 moorings shall be granted permanent residential status at the site (for the
purposes of clarity, to maintain the visual quality of the site, the surrounding conservation area and the
setting of the adjacent listed buildings and to comply with policies H1, BE1, BE19 an BE28 of the
Local Plan).

				
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