180210_Ashby_Crescent

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					                                Planning Services
                   COMMITTEE REPORT
                  COMMITTEEREPORT
AGENDA ITEM NUMBER: 3.1

APPLICATION DETAILS

Application No:                      1/2009/0721
Full Application Description:
                                     Erection of five dwellings

Name of Applicant:                   Derwentside Homes Ltd

                                     Site of former 5, 7, 17 and 19 Ashby Crescent,
Address:
                                     Consett, County Durham

Electoral Division:                  Benfieldside

                                     Ann Rawlinson
                                     Senior Planning Officer
Case Officer:                        Telephone: 01207 21218283
                                     ann.rawlinson@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

The site relates to two separate pieces of land situated within the residential area of Ashby
Crescent in Blackhill, Consett. The two areas previously housed numbers 5 and 7, 935sqm
in area and numbers 17 and 19 Ashby Crescent, 653sqm in area. These former dwellings
were British Iron and Steel Federation prefabricated houses (BISF) and were demolished by
the landowner Derwentside Homes in 2008 due to subsidence. The sites are cleared and
currently comprise vacant grassed/soil areas. Small timber fences have been erected to the
front of the sites adjacent the footpath and road. Surrounding the site are mixed height
fences and hedging forming the boundaries with dwellings sited to the sides and rear. There
are also dwellings to the front on the opposite side of Ashby Crescent. The immediate
surrounding houses are mostly made up of other pre-fabriacted semi-detached dwellings,
with small side extensions and some red brick semis. There are a couple of detached
dwellings within the vicinity with terraced and stone dwellings further east on Ritsons Road.
There are low red brick boundary walls to the front of dwellings with some hedging and off-
street parking.

It is proposed to construct five new dwellings, a terrace of three on the site of the former
nos.5 and 7 and two semi detached dwellings on the site of nos. 17 and 19. The terrace
would be set back off the existing building line and the semis would be set slightly forward,
which would create a semi-circular appearance as Ashby Crescent curves in the road at this
point. Landscaping, block paved parking and concrete paving would form the front layout
with paving and grassed areas to the rear gardens, divided by 1.8m high timber fences. Low
wooden knee rails would be proposed to the front, with 1.8m high fencing to the side of the
dwellings, back from the road. Decking would be installed to the rear of one dwelling. Bins
including recycling facilities, cycle stores and water butts would be accommodated to the
rear, apart from the central terraced dwelling where they would be located to the front. The
plans have now been amended to also provide hedging to the front of the dwellings.

The dwellings would be three bedroomed with living and dining areas. They would be
constructed of red brick and vertical cream render to the front elevations with grey rooftiles.
The design includes feature such as canopies over the front doors, vertical windows and
glazing elements. It is intended that foul sewerage would be disposed of via the
Northumbrian Water mains sewer to the rear of the dwellings. The dwellings have an area
for a potential future lift should that be required by the occupier as well as wheelchair
storage space and with an upstairs bedroom being designed to accommodate a potential
overhead track route. The dwellings would incorporate two solar thermal panels to each
front roofslope. The proposed dwellings would meet the Sustainable Code for Homes level
four.

PLANNING HISTORY

Permission was granted in 2008 for the demolition of four dwellings on the sites of nos. 5-7
and 17-19 Ashby Crescent, the subject of this planning application.

Permission was granted in 2009 for ‘over cladding’ to the Derwentside Homes ‘BISF’
dwellings within Ashby crescent to include brick and cream render and new ipvc windows.

PLANNING POLICY


NATIONAL POLICY:

Planning Policy Statement 1: Delivering Sustainable Development sets out the
Governments overarching planning policies on the delivery of sustainable development
through the planning System.

PPS 3 – Housing – Amongst other things, the policy stresses the need: to ensure that
everyone has the opportunity to live in a decent home; to increase affordability; and to create
sustainable, inclusive, mixed communities in all areas. Housing should be well designed
and built to a high standard. It should be easily accessible, well connected to public
transport and community facilities, complement neighbouring buildings and the area
generally in terms of scale, density, layout and access. Development should create or
enhance a distinctive character that is well related to the surroundings. There should be a
variety of high quality market housing as well as affordable housing.

PPG 14 – Development on Unstable Land– Advises Local Planning Authorites,
landowners and developers on the exercise of planning controls over land use and
development on land liable to subsidence. The principal aims here are to ensure that
proposals minimise the risks and effects of instability on property, infrastructure and the
public. Development should not take place without suitable precautions on unstable land
which should be brought back into productive use wherever possible.

The Code for Sustainable Homes is a national standard for sustainable design and
construction of new homes. The developer of any new home in England must have a
mandatory rating against the Code. The Code measures the 'whole home' as a complete
package, assessing its sustainability against nine categories:
Energy/CO2
Water
Materials
Surface water run-off
Waste
Pollution
Health and well-being
Management
Ecology
The minimum standards for Code compliance have been set above the requirements of
Building Regulations. The Code is intended to signal the future direction of Building
Regulations in relation to home carbon emissions from energy use, which contribute to
climate change. The Code uses a 1 to 6 star rating system to show the overall sustainability
performance of a new home. It sets minimum standards for energy and water use at each
level. The levels of energy efficiency for the code are:
Code level 1 - 10%
Code level 2 - 18%
Code level 3 - 25%
Code level 4 - 44%
Code level 5 - 100%
Code level 6 - zero carbon


REGIONAL POLICY:

The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets
out the broad spatial development strategy for the North East region for the period of 2004 to
2021. The RSS sets out the region's housing provision and the priorities in economic
development, retail growth, transport investment, the environment, minerals and waste
treatment and disposal. Some policies have an end date of 2021 but the overall vision,
strategy, and general policies will guide development over a longer timescale.

Policy 2 - Sustainable Development (essentially requiring new development proposals to
meet the aim of promoting sustainable patterns of development).

Policy 4 – Sequential Approach to Development – Identifies that a sequential approach to
development should be adopted giving priority to previously developed land and buildings in
the most sustainable locations

Policy 8 - Protecting and Enhancing the Environment (which requires new development to
maintain local distinctiveness).

Policy 24 – Delivering Sustainable Communities - Planning proposals should seek through
design to promote social cohesion, reduce health and social inequalities as well as meeting
sustainable development objectives.

Policy 39 - Renewable Energy Generation - planning proposals should, inter alia, facilitate
the generation of at least 10% of the Region‘s consumption of electricity from renewable
sources by 2010.


LOCAL PLAN POLICY:

Policy GDP1 – General Development Principles – outlines the requirements that new
development proposals should meet.

Policy HO5 - Development on small sites- permits housing developments in the listed
settlements, where the development is appropriate to the existing pattern and form of
development in the settlement; does not extend beyond the existing built up area of the
settlement; represents acceptable backland or tandem development; and does not exceed
0.4 hectares in size if taken together with an adjoining site.

Policy TR2 – Development and Highway Safety – relates to the provision of safe vehicular
access, adequate provision for service vehicle maneuvering, etc.

Policy TR3 – Cycling – Requires cyclists’ needs to be taken into account when considering
proposals for new traffic management, road improvements and new developments.
Permission will only be granted if safe and convenient access and cycle parking facilities
such as racks or wall bars are provided.

The above represents a summary of those policies considered most relevant in the Development Plan the full
text, criteria, and justifications of each may be accessed at: -

National Planning Policy
http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/
Regional Planning Policy
http://www.gos.gov.uk/gone/planning/regional_planning/
Local Planning Policy
http://www.planningportal.gov.uk/england/genpub/en/ Look under Local Information, view Development Plan
and search for Derwentside.


CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:
Northumbrian Water: No response received as yet.

INTERNAL CONSULTEE RESPONSES:

Highways Officer: Initial Comments on the 14th January: These new-build properties must
have in-curtilage car parking provision in keeping with modern standards and appropriate to
their size. A single parking space for three bed 5 person properties is inadequate and the
proposals must make some provision for greater actual car ownership levels.

The dwellings' tenure is not described (whether rented or for sale) however it is understood
most social housing properties are available to ultimately own outright (ie 'Right to Acquire'
scheme or as conclusion of one of the various shared ownership scheme types). Intended
occupants are also unspecified although the house type suggests they are not intended for
occupation by elderly residents.

DCLG national research (May 07) on parking demand at different types, tenure, and sizes of
dwellings, indicates such sized properties with allocated parking (i.e. where parking is not
shared communally across multiple dwellings), can be expected to generate an average of
0.3 additional parking spaces demand per dwelling - based on an average number of
households with greater than one vehicle. As such there must be an additional 2 no. parking
bays created at the proposed dwellings, preferably available for communal use rather than
allocated, and it being suggested that this be one each at each of sites A and B. For
background purposes, I should point out that this latter figure is based on non-owner
occupied tenure; owner occupied being significantly greater, and thus given the properties
may become owner occupied the required 2 no. additional spaces could be viewed as
conservative.

Response received to amended plans received on the 4th of February: The requirements
have now been complied with although it must be ensured that the parking spaces are a
minimum of 4.8m in length.
PUBLIC RESPONSES:
Two letters of objection have been received from local residents whose concerns are
summarised below:

    •   The developer is trying to fit in an extra house proposing three houses on a site where
        there were previously two.
    •   The windows and spacing of the build is not in keeping with the rest of Ashby
        Crescent, which is semi-detached throughout.
    •   The bin stores at the front of the houses is contrary to the other houses in Ashby
        Crescent and could look untidy.
    •   The middle houses cannot have bin storage to the rear which is another problem of
        having three properties instead of the previous two.
    •   The bathrooms with frosted glass are also situated to the front again not in keeping
        with the street.
    •   Due to the large number of three bed houses in the vicinity the site could be better
        used to introduce some diversity into the area.
    •   The County Durham Strategic Housing Market Assessment document indicates a
        growth in retirement age population and that there is a demand for 2+ bed bungalows
        in the County.
    •   The proposal should be changed to support this need and introduce different housing
        into an area of predominantly three bed houses.
    •   Concerned that the solar panels will cause glare to surrounding properties.
    •   Concerned that construction will have adverse effect on surrounding properties in
        terms of subsidence which could affect the validity of our home building insurance.
    •   Would be in favour of the houses being set back to allow for parking at the front and
        the staggering of the gardens would work well.

APPLICANTS STATEMENT:

The submission follows extensive design development work and pre-application discussion
with officers to address such issues as potential impact on the amenity of adjoining
properties. Public consultation has been held where feedback was good in relation to the
proposed design. It is intended that level four Code for Sustainable Homes would inform a
blueprint for future high quality social housing for Derwentside Homes. It is felt that the
proposed development will enhance the streetscene along Ashby Crescent, improve the
local area and introduce high quality social housing as a benchmark for future development
in the area. The street scene is lacking coherent design quality at present so it is a design
intention to bring high quality new family homes to the neighbourhood. The style is reflective
of surrounding properties, in terms of scale, massing and use of materials. CFA (continuous
flight auger) piles would be used to the foundations due the subsistence being the reason
that the previous dwellings were demolished. These have been chosen to minimize
disturbance, limit risk of damage to adjacent structures and its speed of installation. The
massing has been arranged to mitigate impact on the street scene and adjoining properties
through the scale and façade treatment. The appearance has been informed with the desire
to use the existing pallet of materials from the surrounding area. This and high quality
detailing and construction materials intends to integrate a new design into the
neighbourhood.

The above represents a summary of the comments received on this application. The full written text is available for
inspection on the application file which can be viewed at (link to webpage). Officer analysis of the issues raised and
discussion as to their relevance to the proposal and recommendation made is contained below
PLANNING CONSIDERATIONS AND ASSESSMENT

This application is being brought before the Committee at the request of a local Councillor
who is concerned that the site where three houses are allocated is out of character with the
neighbourhood and that the access to the rear of the middle dwelling is from the front of the
dwelling only.

The main planning issues requiring to be addressed are-

   −   Acceptability of the principle of dwellings
   −   Layout, scale, character and design issues
   −   Potential affect on residential amenity
   −   Access/Highways issues.
   −   Underlying site characteristics.
   −   Code for Sustainable Homes and Renewable Energy Generation.
   −   Other issues.

Acceptability of the principle of dwellings

National policy guidance is to be found within PPS1 and 3. The site is ‘brownfield’ thus
meeting PPS3 criteria. The site previously accommodated dwellings. In addition, the site is
well located within an existing residential area with good public transport links immediately
adjacent to the site. Shopping, educational, leisure, etc. facilities are within easy reach and
the site is therefore sustainable, meeting key objectives of PPS1 and 3 and also of RSS
policy 2.

Design, character, scale and layout issues

PPS1 and 3 require new development to be of a high quality in terms of its design. At the
local level this is also a requirement of policy GDP1. This requires a high standard of design
which is in keeping with the character and appearance of the area. The form, mass, layout,
density and materials should be appropriate to the site's location. H05 requires development
is appropriate to the existing pattern and form of development in the settlement.

The proposed dwellings would look different to the existing pre-fabricated and red-brick
semi- detached dwellings within the locality. This is not necessarily viewed unfavourably
and it is not considered necessary to replicate the existing style of dwelling in the immediate
vicinity. The proposed use of red brick, cream render and grey rooflines picks out prevalent
local materials. Planning Permission was granted in 2009 for ‘over cladding’ to the other
Derwentside Homes BISF housing on Ashby Crescent which would incorporate brick and
cream render to the other BISF dwellings in the immediate vicinity and thus the proposed
dwellings would be in keeping with proposed alterations to the adjacent dwellings. It is
considered the dwellings of a high standard of design which will complement the area as
required by policy GDP1.

The proposed five dwellings is one more than that stood on the sites originally which is a
concern of the objectors. Three dwellings are proposed on the larger site where two
previously stood. It is though considered that three dwellings of this size is appropriate for
the size of this site with the dwellings set slightly further back that the existing building line
on this side of Ashby Crescent. The setback allows the dwellings to sit well within the site
without appearing like they have been squeezed in. Adequate space around them is
provided for parking, gardens, storage etc. The land slopes up slightly heading along Ashby
Crescent southwards. The dwellings thus sit slightly above nos. 1 and 3 Ashby Crescent but
lower than nos. 9 and 11. The dwellings would thus appear to be in keeping with the scale of
adjacent houses. In particular the massing of the block of three dwellings would not appear
overly dominant when compared with the nearby semis when viewed from the street, due to
there slender design when viewed as a block of three. It is considered that the dwellings are
appropriate to the form, mass and pattern of the area as required by policy GDP1 and HO5.

The plans have now been amended to provide hedging to the front of the dwellings in
keeping with the character of the locality and to enhance the street scene.

Potential affect on residential amenity.

There are no windows proposed to the gable elevations of the dwellings. There are
secondary windows, rather than main habitable windows on the gable elevations of adjacent
dwellings. The siting of the dwellings allows adequate privacy distances between the main
habitable windows of existing dwellings. The separation gaps in between existing and
proposed means that the outlook from the front and rear of surrounding dwellings would not
be adversely affected. The concerns regarding the potential for the solar panels to cause
glare to adjacent properties is noted, however it is considered this is unlikely to be the case
given that they are sited on an angled roof slope facing upwards rather than directly facing
dwellings opposite. It should also be borne in mind that householders can normally install
such panels under their householder Permitted Development Rights without requiring
Planning Permission. In conclusion is not considered that the siting and layout of the
proposed dwellings would adversely affect existing residents over and above that of existing
situations one would expect to find within the built up area.

Access/Highway issues

The site would be accessed by vehicles onto private drives accessed from Ashby Crescent
to the front. Pedestrian access is taken off Ashby Crescent separated from the vehicular
parking areas for each dwelling. All houses would have individual accesses. In curtilage
parking is provided for each dwelling. This has been increased on the request of the
Highways Officer. Additional parking was required to be provided due the likely need for
spaces. The proposed development now meets the requirements of the Highways Officer as
two additional parking spaces have been provided now totalling seven spaces for five
dwellings, one space for each dwelling plus two visitor spaces, one on each of the sites. This
is seen as appropriate provision for non-owner occupied dwellings. Cycle storage is also
provided to the rear garden areas. The proposal meets the requirements of policies TR2 and
TR3.

Underlying site characteristics

The previous dwellings on the site were demolished by the landowner Derwentside Homes
due to subsidence. Derwentside Homes advise that the previous houses were demolished
because they were built on the edge of a quarry of which the houses settled on one side, on
the unmade ground and thus eventually cracked down the middle. The potential for
subsidence has thus been foreseen as part of the professional work in preparing the
development proposal with Derwentside homes thus having commissioned ground
investigation studies by a private company before the submission of this application.

Government policy guidance on ground instability is to be found within PPG14, in particular
within Annex 2: Subsidence and Planning which advises that land stability is a material
planning consideration where new development is proposed on land that may be liable to
subside for any reason. The planning system should assist in ensuring that proper
precautions are taken against the risk posed by subsidence to public safety and the built
environment. It is for the developer to demonstrate that the effects of subsidence will not be
unacceptably adverse or that they can be successfully mitigated through procuring technical
investigations to ascertain the effects of subsidence on their proposed developments and
how they can be mitigated.
Whilst the safe development / occupancy of the site is the responsibility of the owner,
identification of such problems in advance allows the risk of subsidence to be avoided or
minimised by the use of appropriate remedial or preventative measures. Given proper
safeguards, land which has been made unstable can be put to suitable use. In this case the
occurrence potential for subsidence has been recognised at an early stage and appropriate
action in accordance with good practice to assess risks of subsidence, in relation to ground
conditions and to deal with them by engineering ground treatment and in the foundation
design of new buildings and structures to withstand subsidence would be expected.

However the Local Planning Authority must be satisfied that the potential for subsidence has
been adequately considered. The planning guidance advises that most forms of subsidence
can be overcome by engineering techniques in relation to built development. Furthermore
the Building Regulations require that buildings, occupied by people are constructed so that
ground movement would not impair the stability of the buildings. The Council’s Building
Inspector has been consulted regarding the issues of subsidence on the site which has also
been raised as a concern by the objectors. He has advised that the applicants are aware of
the ground situation and hence are proposing piled foundations. At the Building Regulations
stage the applicants structural engineer would be required to submit a ground or site
investigation report and design the foundation based on the findings of the ground
conditions. This would need to be agreed with the Councils Structural Engineer and
monitored throughout the build by the Council’s Building Inspectors. It is therefore
considered likely that the objectives of safe development in the public interest can be
achieved by imposition of conditions requiring appropriate site investigation and the
submission of a scheme of remedial/preventative works to be agreed in writing by the Local
Planning Authority before development begins which would be checked and agreed with the
Councils Structural Engineer. This would ensure that the development is suitable for the
ground conditions and would not be threatened by subsidence in the future. This is required
by condition 9 which specifically details the work required to be successfully undertaken in
order to comply with PPG14.

Code for Sustainable Homes Renewable Energy Generation

The applicants objective is to meet the code for sustainable homes (CSH) level four, which is
currently two levels above the current Building Regulations requirements. Social housing
funded by the Housing Corporation currently have to meet CSH level three, which demands
a 25% improvement in CO2 emissions over the current Building Regulations. From 2012,
social housing will have to meet CSH level 4, which is the aim in this respect. This level
demands a 44% improvement in CO2 emissions over the current Building Regulations. This
can been seen in the design of the dwellings through the incorporation of solar panels, the
provision of water butts, recycling facilities, cycle storage and a certain standard of
insulation, heating would be utilised to maximise cost effectiveness in construction and
minimise fuel costs to save energy and reduce CO2 emissions. It is considered on this basis
and due to the small size of the development proposed that to provide at least 10% energy
from renewable sources should not be necessary.

Other Issues

Northumbrian Water have been consulted, however at the time of report writing had not
responded. It can be seen from the submitted plans, though, including a Northumbrian Water
sewer plan that the mains sewer is located close the rear of the proposed dwellings. The
applicant has advised that their structural engineer is in negotiations with Northumbrian
Water to move the sewer further away from the dwellings. This is a situation that does arise
and any requirements by Northumbrian Water to re-locate sewers are normally undertaken
at the applicants cost. Members will be updated verbally as to the situation at the committee
meeting. It is recommended though that conditions should be attached to any Planning
Permission requiring agreement of surface and foul water drainage with the Local Planning
Authority and Northumbrian Water.

The objectors concerns regarding the need for dwellings suitable for elderly people is
certainly recognised, equally is the need for social housing which is to be provided by
Derwentside Homes, in this case to provide a need identified by them. On this basis it was
thus not considered appropriate nor necessary to require that this satisfactory scheme be re-
considered.

The applicant has now amended the plans in order to provide bin storage to the rear of the
dwellings due to the concerns of the objectors. Albeit to the middle terraced dwelling the bin
storage would have to remain at the front although the bins would be sited within a storage
area for screening.

In respect of the concern raised regarding the location of bathroom windows to the front
elevation, the applicant advises that the internal space has been planned to comply with
‘Lifetime Homes’ requirements to give longativity for young families, disabled and wheelchair
users and also give habitable rooms better views for each dwelling.

There is one tree on the application site which would be retained. Others are situated with
the gardens of nearby dwellings. New landscaping including trees is provided for within the
scheme.


CONCLUSION

The proposal is considered satisfactory, subject to the suggested required conditions.
With the attachment of the necessary conditions there are no adverse issues that would
otherwise justify an alternative recommendation. The site is brownfield and is in a
sustainable location within an existing residential settlement. The design and use of
materials is of a suitably high quality meeting policy objectives. The number, form and layout
is considered appropriate to the plots and locality in general. It is not considered that the
siting of the dwellings would result in a significant loss of amenity to surrounding residential
properties meeting the requirements of policy HO5 and GDP1. An appropriate level of off
road parking is provided suitable for the proposed tenure as required by policy TR2. An
appropriate condition would ensure that the site would not be affected by subsidence and
that the development will be able to withstand the effects of any subsidence that takes place
as well as to ensure that the development is suitable for the ground conditions and would not
be threatened by subsidence in the future as required by PPG14.

The objections have been noted, considered and discussed within the report, although for
the reasons given above would not give reason to refuse the scheme. It is recommended
that the application be approved conditionally.

RECOMMENDATION

That the application be APPROVED subject to the following conditions;

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 by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in strict accordance with the
following approved plans unless otherwise agreed in writing with the Local planning
authority.

Date received       Plan Reference Number

04.02.2010          Site B-Roof Plan 15744 (00) 10
04.02.2010          Site B Site Elevations 15744 (00) 08
04.02.2010          Site A Elevations in Context 15744 (00) 07
04.02. 2010         Site A Roof Plan 15744 (00) 09
04.02.2010          Site and Location Plan-Proposed 15744 (00) 03
01.12.2009          Site and Location Plan existing 157444 (00) 01
18.12. 2009         Topographical Survey 15744 (00) 02
18.12.2009          Location Plan 15744-loc
18.12.2009          Plans-Proposed 15744 (00) 04
18.12.2009          Site A and B elevations-Proposed

3. Notwithstanding any details of materials submitted with the application no development
shall commence until details of the make, colour and texture of all walling and roofing
materials have been submitted to and approved in writing by the Local planning authority.
The development shall be constructed in accordance with the approved details.

Reason - In the interests of the appearance of the area and to comply with the objectives of
policy GDP1 of the Derwentside District Local Plan.

4. Development shall not commence until a detailed scheme for the disposal of surface
water from the development hereby approved has been submitted to and agreed in writing
by the Local Planning Authority. The development shall take place wholly in accordance
with the agreed scheme.

Reason: To ensure the discharge of surface water does not increase the risk of flooding from
sewers and in accordance with the objectives of policy GDP1 of the Derwentside District
Local Plan.

5. No development shall commence until a scheme for the provision of foul water drainage
works has been submitted to and approved in writing by the Local planning authority. The
drainage shall be completed in accordance with the details and timetable agreed.

Reason: To prevent pollution of the water environment in accordance with policy GDP 1 of
the Derwentside Local Plan.

6. Prior to the commencement of the development details of bin and cycle stores shall be
submitted to and approved in writing by the Local planning authority. The bin stores shall be
constructed and available for use prior to the occupation of the dwelling to which they relate.

Reason: In the interests of the visual amenity of the area and to comply with policy GDP1 of
the Derwentside Local Plan.

7.Notwithstanding the submitted revised plans all drive lengths should be a minimum of 4.8m
in length at the shortest point and thereafter they shall be used and maintained in such a
manner as to ensure their availability at all times for the parking of private motor vehicles.

Reason: In the interests of highway safety and to comply with policy TR2 of the Derwentside
Local Plan.

8.Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or in any Statutory Instrument revoking or re-enacting that Order
with or without modification) no development falling within Class (es) A B C D E F G of
Part(s) 1 of Schedule 2 of the said Order shall be carried out without the prior written
permission of the Local planning authority on an application submitted to it.

Reason: In order that the Local planning authority may exercise further control in this locality
in the interests of the visual amenity of the area and to comply with Policy GDP 1 of the
Derwentside Local Plan.

9. Prior to the commencement of development a ground stability investigation and report
should be submitted and agreed to the satisfaction of the Local Planning Authority. This
should comprise a desk study and site inspection followed as necessary by appropriate
ground investigations. This should examine the development site within its local context and
should include the following:

i.     be undertaken by an appropriately competent, qualified and experienced person
ii.    include a standard ground stability declaration form as contained within table 2E1 of
       PPG14-Development on Unstable land: Annex 2-Subsidence and Planning including
       the specified supporting information that are appropriate to the development
iii.   identify the information used and reach conclusions on the potential for subsidence to
       occur
iv.    establish the need for any remedial/preventative works and mitigation measures
       considered necessary
v.     contain recommendations on layout, ground treatment or preventative design should
       this be required.

The necessary works required, and any risks potentially mitigated against, shall be
undertaken and then be satisfactorily confirmed through the submission to the Local
Planning Authority of a completion report containing full information on the investigation and
treatment of the site, including where necessary and relevant, arrangements for longer-term
monitoring and maintenance.

Reason: In order to demonstrate that the site will not be affected by subsidence or that the
development will be able to withstand the effects of any subsidence that takes place and to
ensure that the development is suitable for the ground conditions and will not be threatened
by subsidence in the future as required by PPG14: Development on Unstable Land.

10.    No windows shall be inserted into the side gable elevations of any of the dwellings.

Reason: In order to safeguard the privacy of adjacent neighbouring occupants to comply
with policy GDP1 of the Derwentside Local Plan.

REASONS FOR THE DECISION


The development was considered acceptable having regard to the following national policy
guidance: Planning Policy Statement (PPS) 1, PPS3, Regional Spatial Strategy Policies: 2,
8, 11 and 39, and Derwentside District Local Plan Policies: GDP1, HO5, TR2 and TR3. The
development was considered to be acceptable having regard to it being upon ‘brownfield
land’, within a sustainable location. The design and use of materials is of a suitably high
quality meeting policy objectives. The number, form and layout is considered appropriate to
the plots and locality in general. It is not considered that the siting of the dwellings would
result in a significant loss of amenity to surrounding residential properties meeting the
requirements of policy HO5 and GDP1. An appropriate level of off road parking is provided
suitable for the proposed tenure as required by policy TR2. The proposal was considered to
have acceptable access and servicing arrangements. An appropriate condition would ensure
that the site would not be affected by subsidence and that the development would be able to
withstand the effects of any subsidence that takes place and to ensure that the development
is suitable for the ground conditions and would not be threatened by subsidence in the future
as required by PPG14. The application was advertised on site and was the subject of
neighbour notifications. Representations received have been taken into account. Although
material considerations, none would warrant the refusal of the application. A copy of the
Committee Report explaining these issues and their assessment in more detail is available
upon request.


BACKGROUND PAPERS

   −   Submitted Application Forms and Plans.
   −   Submitted Design and Access Statement
   −   North East of England Plan Regional Spatial Strategy to 2021 (RSS) July 2008
   −   Planning Policy Statements / Guidance, PPS1, PPS3, PPG14
   −   Responses from County Highways
   −   Response from Councillor Robinson
   −   Public Consultation responses

				
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