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					Application Reference:                        09/1015
WARD:                                         Warbreck
DATE REGISTERED:                              27/08/09
LOCAL PLAN ALLOCATION:                        Resort Neighbourhood
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Mrs M Lane

PROPOSAL:               Use of premises as three self-contained permanent flats.

LOCATION:                22 WILLSHAW ROAD, BLACKPOOL, FY2 9SH
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

The application site is within the Gynn Resort Neighbourhood as defined by the Blackpool
Local Plan 2001-2016. 22 Willshaw Road is a mid-terrace two-storey hotel which has been
extended upwards with a complete roof lift which offers accommodation in the roof space.
There is a three-storey outrigger to the rear, an enclosed front garden area and a small rear
yard with access to the rear service road. The property is to the north of Gynn Square and is
currently arranged as one self-contained holiday flat and four non-self contained holiday flats
which are currently occupied on a permanent basis.

Committee members will have visited the site on the 19th October 2009.

DETAILS OF PROPOSAL

The application is for the use of the property as three self-contained flats for permanent
occupation. There would be one flat on each floor and each flat would have access to a rear
refuse storage area. The ground floor flat would have one bedroom and the other flats would
have two bedrooms.

Amendments have been requested to ensure the flats fully comply with floor space standards.

No external alterations are proposed other than the installation of a new door to the rear.

MAIN PLANNING ISSUES

The main planning issues are;

   The use of the property as permanent accommodation.
   The housing mix and the quality of the accommodation provided.
   The impact of the development on the residential and visitor amenities of adjoining
    neighbours
   Car parking

CONSULTATIONS

None

PUBLICITY AND REPRESENTATIONS

Neighbours notified 01/09/2009.
Councillor Delves has objected to the proposal.

5 representations and a petition have been received from nearby residents at:

4, 6, 8, 10, and 20 Willshaw Road.

Collectively the concerns raised are:

Permanent accommodation not appropriate.
 The area is a designated Resort Neighbourhood and previous applications to convert
   guesthouses in the area have been turned down. Therefore, to allow this conversion
   would be unfair.
 Allowing permanent residential accommodation would be detrimental to the holiday
       experience in the area.
 There are too many flats in the area.
 Permanent flats with an absent landlord will attract the wrong type of tenants, which will be
   detrimental to the holiday area as there is no control over noise pollution and
   maintenance.

Parking.
 The proposal would cause more parking problems.

These issues are addressed within the assessment section.

NEARBY APPEALS

98/0466 - 16A Empress Drive. Use of first and second floors as three self-contained
permanent flats. Refused on principle, highway safety and parking. Appeal dismissed.
01/0302 - 16 Egerton Road. Use as four self-contained permanent flats. Refused as flats
were too small. Appeal dismissed.
04/0879 - 14 Willshaw Road. Use of premises as a single dwelling house. Refused due to
being in a holiday area. Appeal dismissed.

ADOPTED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

Policy RR9 - Resort Neighbourhoods- Proposals Involving               the Loss of      Holiday
Accommodation.
Policy HN5 - Conversions and Sub-divisions.
Policy HN6 - Housing Mix.
Policy BH3 - Residential and Visitor Amenity.
Policy AS1 - General Development Requirements.

Additional guidance:

SPG 10 - Change of Use of Holiday Accommodation & Conversion of Properties                   to
Permanent Residential use.

ASSESSMENT

The use of the property as permanent accommodation.
The property is located in the Gynn Resort Neighbourhood as defined by the Blackpool Local
Plan 2001-2016. Policy RR9 states that unless there are already permanent residential uses
adjoining the proposed development and a significant incidence of permanent residential uses
in the immediate vicinity, change of use from holiday to permanent residential accommodation
will not be permitted. The application property directly adjoins holiday accommodation at 20
and 24 Willshaw Road. The principle of permanent accommodation is therefore contrary to
Policy RR9.

However, following the investigation of an enforcement complaint (reference 09/8033) which
alleged that 22 Willshaw Road was being used for occupation on a permanent basis, it was
found that there was no enforceable actions which could be taken to prevent the property
being used for permanent accommodation.

As the Council have no enforcement powers to control the occupancy in this instance, and
given the non-self contained nature of the flats, the principle of converting the flats into better
quality self-contained flats is acceptable.

The housing mix and the quality of the accommodation provided.

The proposed layout shows a flat with one bedroom on the ground floor and two flats, each
with two bedrooms on the first and second floors. It is anticipated that the layout will be
amended so that it will be acceptable in terms of floorspace and this will be confirmed in an
update note. A refuse store and cycle store are proposed at the rear and all flats would have
internal access to them.

The impact of the development on the residential and visitor amenities of adjoining neighbours

The property is currently occupied on a permanent basis and there are no planning
enforcement powers which the Council can use to change this. Objectors to the proposal
have alleged that there is anti-social behaviour by the current tenants. The Council as Local
Planning Authority can not control the nature or behaviour of the tenants.

Providing three self contained units should reduce the levels of occupancy to a more
acceptable level and provide a better quality of accommodation for future occupiers.

It is accepted that there are a number of flats in the area, however the size of many properties
in the surrounding streets are in many cases too large to be used as single family homes. The
conversion of larger guesthouses to permanent flats ensures that the property is not used in
non-self contained multiple occupation in the future and as in this case, replaces the stock of
lower quality former holiday accommodation.

Each flat proposed would have access to a refuse store to the rear, which should prevent the
storage of refuse in the front garden area.

A condition requiring the removal of signs on the front elevation should ensure that the
property has a more residential appearance.

Car parking

Willshaw Road is very accessible in terms of public transport, with regular bus and tram
services and is close to shops and facilities on Dickson Road. There is some on street
parking in the area and a pay and a display car park directly across the road at Gynn Square.
The proposal should reduce the demand for parking in any case as the number of units would
reduce.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

None.

HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others.

There are no Human Rights issues with this proposal.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998

Recommended Decision: Grant Permission


Conditions and Reasons

   1.     The development hereby permitted shall be begun before the expiration of three
          years from the date of this permission.

          Reason: Required to be imposed pursuant to Section 91 of the Town and Country
          Planning Act 1990 (as amended).

   2.     Prior to the development hereby approved being first brought into use the refuse
          storage provision shown on the deposited plans shall be provided and shall
          thereafter be retained.

          Reason: In the interests of the appearance of the locality and the residential
          amenity of occupants and neighbours, in accordance with Policies LQ1 and BH3
          of the Blackpool Local Plan 2001-2016.

   3.     No flat shall be occupied until all alterations shown on the approved plans have
          been carried out and the layout of the accommodation and such arrangement shall
          thereafter be retained unless otherwise agreed in writing by the Local Planning
          Authority.

          Reason: In order to ensure that the accommodation accords with the Council's
          approved Supplementary Planning Guidance and to safeguard the living
          conditions of the occupiers of the flats, in accordance with Policy HN5 of the
          Blackpool Local Plan 2001-2016.
Advice Notes to Developer

  1.    Please note this approval relates specifically to the details indicated on the
        approved plans and documents, and to the requirement to satisfy all conditions of
        the approval. Any variation from this approval need to be agreed in writing by the
        Local Planning Authority prior to works commencing and may require the
        submission of a revised application. Any works carried out without such written
        agreement or approval would render the development as unauthorised and liable
        to legal proceedings.
COMMITTEE DATE: 19/10/2009

Application Reference:                        09/1045
WARD:                                         Bispham
DATE REGISTERED:                              21/08/09
LOCAL PLAN ALLOCATION:                        No Specific Allocation
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Mr J Attwood

PROPOSAL:               External alterations to rear elevation, provision of car parking, cycle
                        parking and refuse storage to rear and use of premises as eight, self-
                        contained, permanent flats.

LOCATION:                246 QUEENS PROMENADE, BLACKPOOL, FY2 9HA
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

The application relates to the five-storey (including basement) 'Commodore Hotel', located
within the terrace of hotels and holiday apartments north of Red Bank Road and immediately
south of Pennystone Road on Queens Promenade.

The property has an open forecourt parking area and is accessed at the rear, along with other
properties within the terrace and residential properties on the west side of Beaufort Avenue,
via an 'alleygated' service road. The rear yard also provides an area for parking and refuse
storage.

It is anticipated the Committee will have inspected the site on 19th October 2009.

DETAILS OF PROPOSAL

Planning permission was granted on 17th April 2009 for the conversion of the premises into
eight self-contained holiday flats, application 09/0001 refers. The permission has not been
implemented and it is indicated that the property remains as a vacant hotel.

The present application is for the conversion of the premises into eight self-contained
permanent flats, in a similar configuration to the approved layout for the holiday flats, including
external refurbishment, with car and cycle parking and a dedicated refuse storage area.

The application is accompanied by a Design and Access Statement and a copy of a Surveyors
Report advising the applicants on the viability of converting the property to eight holiday flats.

MAIN PLANNING ISSUES

The main planning considerations in this case relate to :

   the principle of the proposed change and its impact upon the character of the area,
   residential and visual amenity,
   highway safety.

CONSULTATIONS
None

PUBLICITY AND REPRESENTATIONS

Neighbours notified 25/08/2009 - no response to notification.

NEARBY APPEALS

None

REGIONAL SPATIAL STRATEGY TO 2021

Not relevant

ADOPTED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

RR9 - Development Proposals Involving the Loss of Holiday Accommodation.
LQ14 - Extensions and Alterations.
HN5 - Conversions and Sub-divisions.
HN6 - Housing Mix.
BH3 - Residential and Visitor Amenity.
AS1 - General Development Requirements.

Supplementary Planning Guidance (SPG10) - 'Change of Use of Holiday Accommodation and
Conversion of Properties to Permanent Residential Use and Holiday Flats'.

ASSESSMENT

The Principle of the Change and its Impact

Policy RR9 of the Local Plan states that the change from holiday accommodation anywhere
on the Promenade will only be permitted where it can be demonstrated that the property has
no viable future in holiday accommodation use or where the loss of holiday accommodation
forms part of wider redevelopment proposals that will deliver clear and substantial
regeneration benefits.

Holiday Accommodation enjoying a Promenade frontage is uniquely well placed to attract
guests. As such it is vital that careful control be exercised over the loss of such
accommodation not only within defined Resort Neighbourhoods but within Promenade
frontages generally. The requirement that applicants demonstrate that the property has no
viable future in holiday accommodation use or that the development proposed would generate
substantial regeneration benefits, will ensure that this scarce land resource contributes fully to
Blackpool’s regeneration. Bispham has its own distinctive appeal, very different to the busy,
more commercial areas of the resort and is well placed to continue to attract visitors and
remains an important location in a changing market.

The immediate block of six further properties appear to be exclusively in use as holiday
accommodation and it is not considered that this piecemeal change of use will deliver any
regeneration benefits. Furthermore, approval of the application would make it difficult to resist
future applications for similar changes of use in the block which would ultimately lead to an
incremental and detrimental change to the character of the immediate holiday accommodation
area.
The Surveyor's report includes tenders for the cost of the conversion works together with
factors such as estimated potential income, and concludes that the conversion to eight holiday
flats as already applied for and granted, would not be viable. The report does not contain any
appraisal relating to the continued use of the property as a hotel or the conversion to
permanent flats.

In this case, there has been no evidence provided to demonstrate that the property is not
viable as holiday accommodation and, under the circumstances of the particular case, it is
considered that the conversion of the premises to permanent flats would be contrary to the
aims and provisions of Policy RR9 and should be resisted.

Residential and Visual Amenity

Policy LQ14 aims to ensure that external alterations are appropriate and do not detract from
the appearance of the property or the wider area. Policies HN5, HN6 and BH3 are concerned
with the standard of accommodation resulting from conversions and the amenities of future
occupiers and neighbours.

The present scheme includes general external refurbishment in the form of re-rendering and
replacement of the corroded balconies to the front elevation. The external works are in accord
with policy LQ14.

The proposed conversion accords with the general requirements of HN5 and SPG 10, in terms
of floorspace and layout. In appropriate cases, policy HN5 requires that external alterations
should be undertaken to establish residential character but in this case it is considered that
any change such as removal of the sun lounge would be detrimental to the appearance of the
wider terrace.

The housing mix is acceptable because there are no single-bedroomed units, seven of the
units are two-bedroomed and one is three-bedroomed. There is no reason to conclude that
the conversion would be detrimental to the amenities of occupiers of neighbouring premises
and, in summary, the proposal would not be contrary to the provisions of policies HN5, HN6 or
BH3. The standard of accommodation appears to meet the minimum recommendations in
SPG10.

Highway Safety

Policy AS1 requires development proposals to include suitable parking and access provisions
to ensure that highway safety is not compromised. In this case it is proposed to retain three
car parking spaces, two on the forecourt and one at the rear, and to provide cycle parking,
which was not previously available at the site.

The parking and servicing demand at the premises will not be so onerous as for the hotel use
and therefore the proposal does not conflict with the aims of Policy AS1.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
None
HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. This proposal does
not give rise to any Human Rights issues.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998.

ADDITIONAL BACKGROUND DOCUMENTS

Recommended Decision: Refuse


Conditions and Reasons

   1.    The application property is part of a streetscene which is characterised by holiday
         accommodation uses and popular with staying guests and it has not been
         demonstrated that the property has no viable future as holiday accommodation.
         Approval of the proposal would make it difficult for the Local Planning Authority to
         resist other similar changes in the vicinity which, if implemented would lead to an
         incremental and undesirable change in the character of the immediate holiday
         area.

         In these respects the proposed change of use would be contrary to the aims and
         provisions of Policy RR9 of the Blackpool Local Plan 2001-2016.




Advice Notes to Developer
Not applicable
COMMITTEE DATE: 19/10/2009

Application Reference:                        09/1069
WARD:                                         Talbot
DATE REGISTERED:                              04/09/09
LOCAL PLAN ALLOCATION:                        No Specific Allocation
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Thomas Organisation

PROPOSAL:               Use of premises as a training/education centre.

LOCATION:                255 CHURCH STREET, BLACKPOOL, FY1 3PB
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

Vacant part two/ part three storey mid-terraced property within a primarily commercial section
of Church Street formerly occupied by Flyde Hearing Care. The property has an open
forecourt to the front and a large garage to the rear. On-street parking on Church Street is also
available directly outside the property. There are residential properties located to the rear
fronting Leamington Road and these dwellings share the rear access road with the properties
fronting Church Street.

Committee will have visited the site on 19th October 2009

DETAILS OF PROPOSAL

The proposal involves a change of use to a training and education centre within Class D1 of
the Use Classes Order (non-residential institutions). The applicants, The Thomas
Organisation are already based in Abingdon Street, and provide a rehabilitation service and
specialise in people development working with clients who are committed to total abstinence
in their recovery from addiction. Training in personal development and employment related
skills is at its centre. The clients will be focusing on their own development attending either
college courses or other training, attending weekly interviews, group work or training sessions.
Potential clients will be interviewed and will be required to sign a contract. A maximum of 14
clients will be registered at any one time and will have had 3 months abstinence before
accessing the service. The proposed facility will open between 8.30am and 6pm Monday to
Friday

The proposed layout of the property involves the use of ground floor as a reception area with
an office, counselling room and filing room. Most of the rear yard area is covered by a garage
with internal dimensions of 5.2 metres by 9.2 metres. The first floor incorporates a training
room, kitchen, counselling room and office. The proposal makes no reference to the use of
the second floor.


MAIN PLANNING ISSUES

Principle of Use

Impact of Character of Area
Traffic Generation/ Car Parking

Public Safety/ Fear of Crime


CONSULTATIONS

Head of Transportation- No objection

Neighbourhoods & Communities- any comments will be reported

Police Crime Prevention Officer- any comments will be reported

Environmental Protection-any comments will be reported

Blackpool, Wyre and Fylde Health Services- any comments will be reported


PUBLICITY AND REPRESENTATIONS

Site Notice displayed on 29th September 2009 (the 21 day notification period does not expire
until 20th October hence the defer for delegation recommendation)

Six letters of objection have been received to the application from adjoining businesses at
205-207, 243, 247, 249-253, 251 and 292-302 Church Street and two further letters of
objection have been received from a local resident at 207a Church Street and the second from
192 Reads Avenue. The stated objections are as follows:-

   the organisation specifically deals with people who are ex-offenders including drug and
    substance abusers.
   whilst the area is commercial it is also a residential area.
   Church Street already has one such facility in the guise of the Salvation Army and this has
    already been the cause of many problems within the immediate area.
   whilst the Organisation may claim to work on the basis of complete abstinence the
    Salvation Army also uses the same policy yet daily there are examples of this being
    broken.
   These types of facilities tend to attract their users to the vicinity outside their normal hours,
    even if they have been banned, bringing disruption and social nuisance.
   it would be poor town planning to place people in recovery so close to people with similar
    problems who have little or no commitment to recovery.
   the proposal will exacerbate existing problems in the area.
   the application has no merit and is felt to have been disguised as a training and education
    centre and it is considered that the eventual use will be far from that purpose.
   to grant such an application would further run the area into the ground and the town
    already has enough drug related projects and such facilities attract more and more drug
    users to the town.
   for many years Church Street has enjoyed a predominantly office use and it is unfortunate
    that due to the downturn in the economy that there are a number of empty offices.
   whilst such advice centres are needed the proposed location is totally unsuitable in an
    area of residential properties and professional offices.
   proposal will have a negative effect on property values.
   Over the past few years there have been many problems, including criminal damage,
    attempts to steal motor cars which are alleged to emanate people using from the Salvation
    Army premises nearby.
   It is not a training or education centre but a drug rehabilitation and drop in centre for drug
    addicts and ex-offenders on release from prison. The Thomas organisation emanates from
    Blackburn which will exacerbate the drug problem in Blackpool by bringing drug users and
    ex-offenders from outside the area.
   the proposal will create an increased security risk, increase risk to female staff at nearby
    offices, increase traffic congestion, increase personal risk to owners, staff and residents of
    adjoining commercial and residential property.
   this is considered to be a money making venture, a soft option from prison putting
    offenders on the streets.

NEARBY APPEALS

None

REGIONAL SPATIAL STRATEGY TO 2021

Not directly relevant

ADOPTED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

BH3 Residential and Visitor Amenity - states that developments will not be permitted which
would adversely affect the amenity of those occupying residential or visitor accommodation by
virtue of the use and activity associated with the development.

BH19 Neighbourhood Community Facility - states that new community facilities should be
located in accordance with the sequential approach and their scale and catchment.

AS1 General Principles (Access and Parking) - requires that all new developments facilitate
safe travel and access as appropriate.

ASSESSMENT

Principle of Use

The property is currently vacant and is situated within a section of Church Street which has a
strong commercial character with a range of retail and service uses present. The Blackpool
Local Plan promotes a sequential approach to the location of new facilities meeting community
needs, such as that proposed, in accordance with their scale and catchment. The first
preference is within or adjoining district and local centres and then sites well served easily by
a range of transport, including cycling and walking. Whilst this commercial area is not formally
designated as such within the local plan it is located on the edge of the town centre and is
easily accessible by a range of transport. The use is likely to have a wide catchment which
makes it appropriate to have an edge of town centre location. As such, the location of the
proposal is considered to be in accordance with local plan policy as the location complies with
the provisions of Policy BH19.

Impact of Character of Area

The public entrance into the building is from Church Street which is primarily commercial in
character, consisting primarily of professional office uses. There is no direct access to the
residential streets to the rear of the premises and therefore clients should not be loitering
around the access road to the area, which is stated to be a problem at present within the
vicinity of the application site. Within such a commercial stretch of road, which is basically a
continuation of the town centre extending eastwards towards Newton Drive, and as such
within easy access of the town centre, it is not considered that the proposal would undermine
the character of the area.

Traffic Generation/ Car Parking

The property has staff car parking facilities to the rear within a large garage covering most of
the rear yard which could accommodate a maximum of 4 cars. There is also on-street car
parking available directly outside the property for visitors, and the premises are also readily
accessible if walking from the town centre and when using public transport. It is not
considered that the proposed use would generate any more traffic or demand for car parking
that a professional office use.

Public Safety/ Fear of Crime

The comments and concerns expressed in response to the neighbour notifications are noted.
However, the facility is intended for use by persons re-building their lives and the use would
be restricted to the details and use outlined as part of the application, including the hours of
opening. A perceived reduction in public safety and a corresponding increase of criminal
activity would be very difficult to quantify or therefore attach an significant degree of weight to
as part of this assessment process. It is clearly not in the applicants interests to operate a
facility which creates problems for themselves and also within the local area arising from the
behaviour of their clients. The vetting process and management of the facility are obviously
important elements in ensuring that the use has a minimal impact of the surrounding area and
that the use is discreet and blends into this commercial area.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
None

HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. It is not considered
that there are any significant human rights issues raised by the application. It is not considered
that there are any significant human rights issues raised by the application.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998

ADDITIONAL BACKGROUND DOCUMENTS

None

Recommended Decision: Defer for delegation
Conditions and Reasons

    1.     The development hereby permitted shall be begun before the expiration of three
           years from the date of this permission.

           Reason: Required to be imposed pursuant to Section 91 of the Town and Country
           Planning Act 1990 (as amended).

    2.     The use of the premises shall not operate between 18-00 hours and 08-30 hours
           on the following day Monday to Fridays inclusive and not at all on Saturdays or
           Sundays.

           Reason: To safeguard the living conditions of the occupants of nearby residential
           premises, in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.

    3.     The premises shall be used for training and education centre as specified in the
           application submission and for no other purpose (including any other purpose
           within Class D1 of the Schedule to the Town and Country Planning (Use Classes)
           Order 1987) (as amended).

           Reason: To enable the Local Planning Authority to review other Class D1 uses in
           the interests of residential amenity and highway safety with regards to Policies
           BH3, BH19 and AS1 of the Blackpool Local Plan 2001-2016

    4.     Notwithstanding the provisions of the Town and Country Planning (General
           Permitted Development) Order 1995 (or any Order revoking or re-enacting that
           Order) the garage shall not be used for any purpose other than the parking of
           motor cars.

           Reason: In the opinion of the Local Planning Authority the retention of parking
           space within the site is of importance in safeguarding the appearance of the
           locality and highway safety, in accordance with Policies AS1 and LQ1 of the
           Blackpool Local Plan 2001-2016.

REASONS FOR RECOMMENDED DECISION


1
         The proposal has been considered in relation to Policies BH3, LQ1 and             of
         the Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and
         there are no other material considerations which weigh sufficiently against the
         proposal such as to warrant refusal.




Advice Notes to Developer

    1.     Please note this approval relates specifically to the details indicated on the
           approved plans and documents, and to the requirement to satisfy all conditions of
           the approval. Any variation from this approval need to be agreed in writing by the
           Local Planning Authority prior to works commencing and may require the
submission of a revised application. Any works carried out without such written
agreement or approval would render the development as unauthorised and liable
to legal proceedings.
COMMITTEE DATE: 19/10/2009

Application Reference:                       09/1081
WARD:                                        Talbot
DATE REGISTERED:                             04/09/09
LOCAL PLAN ALLOCATION:                       District centre
APPLICATION TYPE:                            Full Planning Permission
APPLICANT:                                   Windmill Investments Ltd

PROPOSAL:              Erection of part single, part two storey retail unit, formation of a layby and
                       provision of car park to rear.

 LOCATION:               BELLE VUE GARAGE, WHITEGATE DRIVE, BLACKPOOL, FY3 9DQ
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION
The site, previously occupied by Belle Vue Garage (an “Art Deco” style petrol filling station /
car showroom / workshops, now demolished) is within the Whitegate Drive District Centre,
close to the traffic controlled Mere Road junction. Belle Vue Public House (PH) and car park is
to the south, immediately across a vehicular access. To the north is a terrace of shops with
living accommodation and storage over. The total site area of 0.1 ha. extends behind the PH
and to the rear of the site is a residential area.

Committee will have visited the site on 19th October 2009.

DETAILS OF PROPOSAL
Erection of a food store (Use Class A1) in one and two storeys (two storeys to the front, single
to the rear), with a 13 vehicle car park to the side / rear, accessed from between the store and
the Belle Vue PH. Also proposed is a layby on the Whitegate Drive frontage. The shop would
amount to 460 sq m gross floorspace, with a ground floor of 383 sq m.

MAIN PLANNING ISSUES

The main issues relate to the appearance within the streetscene, the impact on residential
amenity and the impact on the highway network.

CONSULTATIONS

Head of Transportation: Has no objection in principle, but asks the developer to reconsider the
servicing options; reconfigure the parking and include cycle and motorbike facilities; upgrade a
bus stop on Whitegate Drive; relocate the taxi-rank and S278 works within the highway.

Head of Environmental Protection: Requires a desk top study and conditions restricting the
hours of opening to 8:00hrs and 00:00hrs Monday to Saturday and 10:00hrs to 22:00hrs
Sunday (subject to Sunday trading restrictions if applicable) and delivery and service vehicles
restricted to 7:30hrs and 20:00hrs.

PUBLICITY AND REPRESENTATIONS

Neighbours notified: 04/09/09
Site notices posted: 09/09/09
Letters of support received from 192 Reads Ave & 13 Mere Road, welcoming the additional
parking spaces. Objections received from 27, 31 Whitegate Drive relating to:

   traffic congestion close to the junction with Mere Road
   not enough parking spaces in the development
   no need for more supermarkets in the area

In response, market forces/competition is not a planning issue, other matters are addressed in
the main body of the report.

NEARBY APPEALS

N/A

REGIONAL SPATIAL STRATEGY TO 2021

N/A

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

LQ1 - Quality of Design
LQ2 - Site Context
LQ4 - Building Design
LQ8 - Energy and Resource Conservation
BH3 - Residential and Visitor Amenity
BH4 - Public Health and Safety
BH11 - Shopping and supporting uses
BH13 - District Centre
AS1 - General Development Requirements

ASSESSMENT
The site is within the District Centre, so there is no objection in principle to a food store. A
benefit is the removal of the current derelict garage & workshops, which will result in an
improvement to the local environment and a food store would boost the footfall in the district
centre.

The proposed design echoes the previous Art Deco design of the garage and is appropriate to
its context. The frontage to Whitegate Drive would be blue powder coated aluminium shop
front with dark blue glazed brick stallrisers, above at first floor would be cream render panels.
The staff access / delivery door on the front would comprise a glass block section adjacent to
the existing betting office shop to the north. To the side and rear, the materials would be
silver metal cladding and red brick, with tarmac & white lining to the rear car park. The service
/ refuse yard would take the form of a 2m high close boarded timber enclosure and one metre
high lighting bollards in the car park would cause less disturbance to the neighbours than
lighting columns.

With regard to impact on the neighbours, the rear wall of the store would project slightly above
the existing brickwork along the northern boundary and the alley would be closed off with a
new wall. The large gable wall to the east boundary has already been demolished and a
much lower 3.5 metre high wall would be constructed in its stead. This would improve the
neighbours outlook but still be secure and screen them from the car park and any noise.
The Head of Environmental Protection has no objection regarding noise from the car park and
the bin store, but recommends restrictions on opening and servicing times in order to protect
the neighbours amenities. No plant & machinery is identified at the present time and a
condition should be imposed requiring any proposed at a future date to be submitted for our
agreement.

Whitegate Drive is a busy, classified road and on a bus route. The Head of Transportation has
no objection in principle to the development but has concerns regarding the location and
ownership of the layby and considers that the issue of servicing should be revisited by the
developer. The proposal includes a car park where there was previously none and the site is
within a highly accessible location; however because the food store is likely to attract
significant levels of customers, he has requested that provision is made for secure, covered
cycle storage, some motorbike facility and the bus stop outside 69/71 Whitegate Drive to be
upgraded to improve accessibility. The existing shelter should be replaced with a true-form
advertising shelter and the bus stop upgrade should meet the Authority's Quality Bus
Standard. The taxi rank would also need to be relocated as a result of the increased use of
the vehicular access into the site. A meeting is scheduled with the developer to discuss these
issues and the outcome will be reported on the update note to Committee.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. In this instance, those
rights are not considered to be compromised.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998.

The site is secured with heras fencing at present, but would eventually have a brick wall 3.5
metre above car park level, around the rear boundaries, in addition to cctv cameras monitoring
the front, side and rear of the building and in the car park.

Recommended Decision: Grant Permission


Conditions and Reasons

   1.     The development hereby permitted shall be begun before the expiration of three
          years from the date of this permission.

          Reason: Required to be imposed pursuant to Section 91 of the Town and Country
          Planning Act 1990 (as amended).

   2.     Details of materials to be used on the external elevations shall be submitted to and
          agreed in writing by the Local Planning Authority prior to the development being
          commenced.
     Reason: In the interests of the appearance of the locality, in accordance with
     Policy LQ14 of the Blackpool Local Plan 2001-2016.

3.   No development shall be commenced until a desk study has been undertaken and
     agreed in writing with the Local Planning Authority to investigate and produce an
     assessment of the risk of the potential for on site contamination. If the desk study
     identifies potential contamination, a detailed site investigation shall be carried out
     in accordance with a written methodology, which shall first have been agreed in
     writing with the Local Planning Authority. If remediation methods are then
     considered necessary, a scheme for decontamination of the site shall be submitted
     to and approved by the Local Planning Authority. The approved scheme shall be
     implemented and completed prior to the commencement of the development. Any
     changes to the approved scheme shall be agreed in writing with the Local
     Planning Authority.

     Reason: To ensure a safe form of development that poses no unacceptable risk
     of pollution to water resources or to human health and in accordance with Policy
     BH4 of the Blackpool Local Plan 2001-2016.

4.   The use of the premises shall only open to customers between 08:00 hours and
     00:00 hours Monday to Saturday and between 10:00 hours and 22:00 hours on
     Sundays; and vehicles shall only deliver to and service the premises between
     07:30 hours and 20:00 hours on any day.

     Reason: To safeguard the living conditions of the occupants of nearby residential
     premises, in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.


5.   The premises shall not be occupied before the bus stop outside 69/71 Whitegate
     Drive has been upgraded to improve accessibility. The existing shelter should be
     replaced with a true-form advertising shelter and the bus stop upgrade should
     meet the Authority's Quality Bus Standard.

     Reason: To improve access to and from the premises by sustainable transport
     mode, in accordance with Policy AS1 of the Blackpool Local Plan 2001-2016.

6.   No development shall be commenced until the developer has entered into a
     Section 278 Agreement with the Council as Local Highway Authority for works
     required on the public highway as a result of the development hereby approved.
     Those works shall include principally:-

            reinstatement of the footway at the north end of the site
            improve the vehicular access into the site, including dropped kerbs
           appropriate road markings

     (The developer is advised to contact the Council's Built Environment Department,
     Layton Depot, Depot Road, Blackpool, FY3 7HW (Tel 01253 477477) in the first
     instance to ascertain the details of such an agreement and the information
     required to be provided).

     Reason: In the interests of highway safety in accordance with Policy AS1 of the
     Blackpool Local Plan 2001-2016.
  7.    No external plant and or ventilation ducting shall be installed without the prior
        agreement in writing by the Local Planning Authority.

        Reason: To safeguard the living conditions of the occupants of nearby residential
        premises, in accordance with Policies BH3 and LQ14 of the Blackpool Local Plan
        2001-2016.

Advice Notes to Developer

  1.    Please note this approval relates specifically to the details indicated on the
        approved plans and documents, and to the requirement to satisfy all conditions of
        the approval. Any variation from this approval need to be agreed in writing by the
        Local Planning Authority prior to works commencing and may require the
        submission of a revised application. Any works carried out without such written
        agreement or approval would render the development as unauthorised and liable
        to legal proceedings.


  2.    Please note that any address changes or new addresses needed as a result of
        this development must be agreed by the Council. Please contact Council's
        Streetscene and Property Department, Layton Depot, Depot Road, Blackpool, FY3
        7HW (Tel 01253 477477).
COMMITTEE DATE: 19/10/2009

Application Reference:                        09/1118
WARD:                                         Squires Gate
DATE REGISTERED:                              01/09/09
LOCAL PLAN ALLOCATION:                        No Specific Allocation
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Mr & Mrs P Gregory

PROPOSAL:               Erection of three detached dwellings with associated garages.

LOCATION:                36 ROSEACRE, BLACKPOOL, FY4 2PN
-------------------------------------------------------------------------------------------------------------------------
SITE DESCRIPTION

This site is an area of land approximately 30 metres by 11 metres (0.12 ha) with a frontage to
Roseacre of approximately 11 metres. It is currently occupied by a detached dormer bungalow
with large side and rear garden, located at a right-angled bend in Roseacre. Roseacre
comprises a mix of large, semi-detached and detached properties, some of which are half-
timbered. Allandale backs onto the site and is composed of small, terraced dwellings and to
the other site boundary are semi-detached properties on Kingston Avenue with short rear
gardens.

The Committee will have visited the site on 19th October 2009.

DETAILS OF PROPOSAL

The proposal is a resubmission of a scheme (09/0036) which was recommended for refusal
earlier this year for the following reasons:

The proposed development would have a significantly detrimental impact on the residential
amenities of the occupants of nos 18 to 26 (evens) Kingston Avenue by virtue of the
proximity of the proposed development to the common boundary. The windows on the rear
elevations of the proposed dwellings would result in overlooking of their private rear gardens
and would therefore be contrary to Policies LQ4 and BH3 of the Blackpool Local Plan 2001-
2016.

The proposed development would be out of character within the streetscene due to the
staggered nature of the proposed dwellings and their varied height and design. As such the
proposed development would be contrary to Policies LQ2, LQ3 and LQ4 of the Blackpool
Local Plan 2001-2016.

The scheme was withdrawn in order to avoid a refusal.

The revised scheme is for the erection of three detached dwellings in the form of a bungalow
and two detached houses. All the dwellings would share the existing access point (which is to
be widened) and would have integral garages (the existing dormer bungalow on the site is to
be demolished). Plots 1 & 2 would be built in the gap between no.10 Allandale and 38
Roseacre and would back onto properties fronting Kingston Avenue. Plot 3 would be built
alongside 34 Roseacre and would back onto the side elevation of no. 5 Allandale.
MAIN PLANNING ISSUES

There is no objection to the principle of the development as this is infill development in a
residential area. The main issues are the impact in the streetscene and the effect on the
residential amenities of the neighbours.

CONSULTATIONS

Head of Transportation: No objection
Environmental Protection (Contaminated Land Officer: Desk Top Study required as a
minimum.

PUBLICITY AND REPRESENTATIONS

Neighbours notified: 03/09/2009
Objections received from 38 Roseacre, 5, 10 Allandale and 18 Kingston Avenue.
Objections relate to:
 overloooking / loss of privacy
 spoil the outloook from their property
 new 2m+ high boundary fence is too high and hems in their small garden
 loss of light to rear room of 10 Allandale as they have a side window directly on the
   boundary and the extension will only be 2.5 metres away
 the property on plot 2 will project forward of theirs, causing loss of light and interrupting the
   streetscene of Allandale
 rear building line on plot 2 will result in loss of light and the view from the adjacent dwelling
   will be a partial brick wall
 possible structural damage to foundations
 noise and dust from building operations
 security concerns during construction

The last three points are not relevant to the planning considerations; other issues are
discussed below under Assessment.

NEARBY APPEALS

N/A

REGIONAL SPATIAL STRATEGY TO 2021

N/A

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

LQ1    Lifting the quality of design
LQ2    Site context
LQ3    Layout of streets and spaces
LQ4    Building Design
HN4    Windfall Sites
BH3    Residential and Visitor Amenity
BH10   Open Space in new housing developments
AS1    General Development Requirements
ASSESSMENT

Impact on the streetscene
The proposal has been amended so that its impact in the street is not significant, the design
has been amended so that the properties integrate with the residential character of Roseacre.
A resident of Allandale is concerned that the proposal will change the character of his street,
however the forward projection of the dwelling on plots 1 & 2 is minimal and would not have a
significant impact as the majority of the view through the site is retained.

Impact on residential amenity
A distance of 10.5 metres to the rear boundary with Kingston Avenue properties is retained by
the development, which is sufficient not to compromise privacy to any significant degree. In
addition, although the properties on plots 1 & 2 are two storey in height, the rear eaves would
be brought down to single storey, with the first floor being formed in dormers. The design of
the dormers has been amended to reduce their size and together with the low eaves level, this
would reduce the impact on the neighbours in Kingston Avenue, whose properties have short
rear gardens.

The proposed dwelling on plot 1 projects further rearward than the adjacent house (38
Roseacre), however at 4.5 metres from the shared side boundary, the dwelling should not
have any significant impact on light levels for the occupiers other than some slight shadowing
of part of the garden/rear dwelling late in the afternoons. The separation distance is such that
there would be only oblique views of the proposed dwelling from inside the property and
although it would be partially visible from the garden, I do not consider it sufficiently
overdominant to warrant refusal.

The proposed dwelling on plot 3 projects further rearward than the adjacent dwelling at 34
Roseacre, however it is proposed to be a bungalow and should not have a significant impact
in terms of loss of light or overdominance.

10 Allandale has a secondary, side window directly on the shared boundary with the
application site which affects privacy both ways and light to the existing dwelling. However
this is the existing situation and there is no obvious solution other than putting a screen in front
of the window; but this is a private matter and should be pursued by the parties as a legal
issue under 'right to light' rather than through the planning system.

With regard to the boundary, the applicant has already erected a 1.8 metre high fence under
permitted development rights, in order to protect privacy.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
Because the proposal is for three dwellings, it is subject to Policy BH10 Open Space in New
Housing Developments. Since there is no Public Open Space within the development, a
contribution is required towards the improvement of existing facilities off-site within the local
area. The contribution is calculated according to a formula specified in Supplementary
Planning Guidance 11
"Open Space: provision for new residential development & the funding system" and in this
instance, that sum is £3784 in lieu of on site provision.

A decision cannot be issued until the applicant either:
makes a unilateral undertaking to pay the required financial contribution before the decision is
issued; or,enters into a planning obligation with the Council (under Section 106 of the Town &
Country Planning Act).
The decision notice can only be issued after one of the two options has been completed and
the recommendation for approval at committee is for approval in principle, subject to provision
of the open space contribution. The update note will confirm the situation with regard to the
method of delivery for the financial contribution.

HUMAN RIGHTS ACT

Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful enjoyment
of his/her property. However, these rights are qualified in that they must be set against the
general interest and the protection of the rights and freedoms of others. This application does
not raise any human rights issues.

CRIME AND DISORDER ACT 1998

The contents of this report have been considered in the context of the Council's general duty,
in all its functions, to have regard to community safety issues as required by section 17 of the
Crime and Disorder Act 1998.

ADDITIONAL BACKGROUND DOCUMENTS

None

Recommended Decision: Defer for Legal Agreement

Conditions and Reasons

   1.     The development hereby permitted shall be begun before the expiration of three
          years from the date of this permission.

          Reason: Required to be imposed pursuant to Section 91 of the Town and Country
          Planning Act 1990 (as amended).

   2.     Details of materials to be used on the external elevations shall be submitted to and
          agreed in writing by the Local Planning Authority prior to the development being
          commenced.

          Reason: In the interests of the appearance of the locality, in accordance with
          Policy LQ14 of the Blackpool Local Plan 2001-2016.

   3.     Notwithstanding the provisions of the Town and Country Planning (General
          Permitted Development ) Order 1995 (or any Order revoking or re-enacting that
          Order) the garages shall not be used for any purposes which would preclude their
          use for the parking of motor cars.

          Reason: In the opinion of the Local Planning Authority the retention of parking
          space within the site is of importance in safeguarding the appearance of the
          locality and highway safety, in accordance with Policies AS1 and LQ1 of the
          Blackpool Local Plan 2001-2016.

   4.     All glazing to the first floor east elevation of the proposed dwelling on plot 1
          adjacent to the boundary with 38 Roseacre shall be at all times obscure glazed
          and fixed permanently closed.
     Reason: To safeguard the living conditions of the occupants of the neighbouring
     premises, in accordance with Policies BH3 and LQ14 of the Blackpool Local Plan
     2001-2016.

5.   No development shall be commenced until a desk study has been undertaken and
     agreed in writing with the Local Planning Authority to investigate and produce an
     assessment of the risk of the potential for on site contamination. If the desk study
     identifies potential contamination, a detailed site investigation shall be carried out
     in accordance with a written methodology, which shall first have been agreed in
     writing with the Local Planning Authority. If remediation methods are then
     considered necessary, a scheme for decontamination of the site shall be submitted
     to and approved by the Local Planning Authority. The approved scheme shall be
     implemented and completed prior to the commencement of the development. Any
     changes to the approved scheme shall be agreed in writing with the Local
     Planning Authority.

     Reason: To ensure a safe form of development that poses no unacceptable risk
     of pollution to water resources or to human health and in accordance with Policy
     BH4 of the Blackpool Local Plan 2001-2016.

6.   a) No development shall take place until full details of both hard and soft
     landscaping works have been submitted to and approved in writing by the Local
     Planning Authority. These details shall include any proposed changes to existing
     ground levels, means of enclosure and boundary treatment, areas of soft
     landscaping, hard surfaced areas and materials, planting plans specifications and
     schedules (including plant size, species and number/ densities), existing
     landscaping to be retained, and shall show how account has been taken of any
     underground services.

     b) The landscaping works shall be carried out in accordance with the approved
     details within the first planting season following completion of the development
     hereby approved or in accordance with a programme agreed in writing by the
     Local Planning Authority (whichever is sooner.)

     c) Any trees or shrubs planted in accordance with this condition which are
     removed, uprooted, destroyed, die, or become severely damaged or seriously
     diseased within 5 years of planting shall be replaced within the next planting
     season by trees or shrubs of similar size and species to those originally required to
     be planted, unless the Local Planning Authority gives its written consent to any
     variation.

     Reason. To ensure the site is satisfactorily landscaped in the interests of visual
     amenity and to ensure there are adequate areas of soft landscaping to act as a
     soakaway during times of heavy rainfall with regards to Policy LQ6 of the
     Blackpool Local Plan 2001-2016.

7.   No development shall take place until details of the proposed floor levels of the
     buildings in relation to existing ground levels and the finished levels of the site
     have been submitted to and agreed in writing by the Local Planning Authority. The
     development shall be carried out in accordance with the agreed levels.

     Reason: To safeguard the amenities of the occupiers of neighbouring properties in
           accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.




REASONS FOR RECOMMENDED DECISION


1
         The proposal has been considered in relation to Policies BH3, BH10, HN4, LQ1, LQ2,
         LQ3, LQ4 and AS1 of the Blackpool Local Plan 2001 - 2016 and is in accordance with
         those policies and there are no other material considerations which weigh sufficiently
         against the proposal such as to warrant refusal.


Advice Notes to Developer

    1.     Please note this approval relates specifically to the details indicated on the
           approved plans and documents, and to the requirement to satisfy all conditions of
           the approval. Any variation from this approval needs to be agreed in writing by the
           Local Planning Authority prior to works commencing and may require the
           submission of a revised application. Any works carried out without such written
           agreement or approval would render the development as unauthorised and liable
           to legal proceedings.


    2.     Please note that any address changes or new addresses needed as a result of
           this development must be agreed by the Council. Please contact Council's
           Streetscene and Property Department, Layton Depot, Depot Road, Blackpool, FY3
           7HW (Tel 01253 477477).

				
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