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Planning Reports - Blackpool Council Powered By Docstoc
					                                    BLACKPOOL COUNCIL

                                   PLACES DIRECTORATE

             PLANNING DIVISION: DEVELOPMENT MANAGEMENT SECTION

                          DEVELOPMENT CONTROL COMMITTEE

                                           04/04/2011

                             LIST OF PLANNING APPLICATIONS

Any amended plans and/or correspondence received after the preparation of the reports will
be reported orally. All correspondence, including objections, is available for inspection prior to
the Committee meeting.

The applications, plans and replies to consultations are the general background papers in
relation to the applications listed. Any additional background documents specific to an
application will be as stated in the relevant report.
List of Applications for Committee on: 04/04/2011
—————————————————————————————————————————————
                                                           PAGE 15
APPLICATION NO:              10/1513
STATUTORY START DATE:        18/01/11
RECOMMENDED DECISION:        Defer for delegation
PROPOSAL:                    Use of premises as single private dwellinghouse.

LOCATION:                    17 COOP STREET, BLACKPOOL, FY1 5AJ
—————————————————————————————————————————————

                                                           PAGE 19
APPLICATION NO:              11/0009
STATUTORY START DATE:        17/01/11
RECOMMENDED DECISION:        Defer for Legal Agreement
PROPOSAL:                    Renewal of planning permission 07/0923 involving the
                             erection of a three-storey block of three townhouses, five
                             two-storey detached houses and a two-storey block of six
                             self-contained permanent flats, with associated car parking,
                             landscaping and access from Warley Road.

LOCATION:                    LAND TO REAR OF 307 TO 339 WARLEY
                             ROAD,BLACKPOOL
—————————————————————————————————————————————
COMMITTEE DATE: 04/04/2011

Application Reference:                        10/1513
WARD:                                         Bloomfield
DATE REGISTERED:                              18/01/11
LOCAL PLAN ALLOCATION:                        Resort Neighbourhood
APPLICATION TYPE:                             Full Planning Permission
APPLICANT:                                    Mr M Bolden

PROPOSAL:               Use of premises as single private dwellinghouse.

LOCATION:                17 COOP STREET, BLACKPOOL, FY1 5AJ
-------------------------------------------------------------------------------------------------------------------------
CASE OFFICER

Miss C Johnson

SITE DESCRIPTION

The application property is a three storey, end-terrace property on the western side of Coop
Street and is within "Foxhall Village" Resort Neighbourhood and also in the Inner Area. 17
Coop Street is within a densely populated area of mixed guesthouses, flats and private
dwellings. Its current authorised use is as a guesthouse but hasn't been used as such for a
number of years. The property was last utilised as a HMO and has been the subject of a
number of enforcement cases.

The east side of Coop Street and the surrounding area has quite a strong holiday character.
The west side of Coop Street is made up predominantly by the side elevations of hotels and
properties which are more residential in character.

Coop Street has parking restrictions in the form of double yellow lines on the west side of the
street due to the narrow width of the road and the area is usually congested with parked cars.
There is a car park at the end of Coop Street, where there have been a number of recent
planning applications for residential development, the most recent being 10/1516 for 51 flats in
a part 6, 7 and 8 storey building which was agreed in principle by Committee on 14th March
2011, subject to a legal agreement and survey of the tunnels carrying the electricity cables.

Committee may also recall dealing with applications for 15 Coop Street (09/1576 - use of the
premises as a single dwellinghouse - Approved) and 43 York Street (09/1575 - use of
premises as a single dwellinghouse - Refused) last year

The Committee will have visited the site on 4th April 2011

DETAILS OF PROPOSAL

Use of premises as a single private dwellinghouse with six bedrooms and no internal or
external alterations.

MAIN PLANNING ISSUES

   The principle of permanent occupation within the Resort Neighbourhood.
   The amenity of future occupiers and the suitability and quality of the accommodation
    proposed.

CONSULTATIONS

None.

PUBLICITY AND REPRESENTATIONS

Site notice displayed 24th January 2011.
Immediate neighbours notified 20th January 2011.
Coop Street residents notified 22nd March 2011.

NATIONAL PLANNING POLICY AND GUIDANCE

None specifically relevant.

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

LQ1     Lifting the quality of design
HN5     Conversions and Sub-divisions
RR8     Resort Neighbourhoods
RR9     Proposals Involving the Loss of Holiday Accommodation
BH3     Residential and Visitor Amenity
AS1     General Development Requirements

SPG 10

EMERGING PLANNING POLICY

Core Strategy Preferred Option (April 2010)
Foxhall Supplementary Planning Document (Draft)
New Homes from Old Places - Draft SPD
Holiday Accommodation - Draft SPD

ASSESSMENT

The principle of permanent occupation within the Resort Neighbourhoods.

Policy HN5 states that proposals for the conversion of existing properties into HMOs will not
be permitted and that the size and layout of properties proposed for single family use is
consistent with such occupation.

Policy RR8 states that within defined Resort Neighbourhoods, developments must safeguard
or enhance liveability and the character and appeal of such areas as a visitor destination.

Policy RR9 states that changes of use for holiday accommodation to permanent residential
use will only be permitted where there are already permanent residential uses directly
adjoining or abutting the proposed development and a significant incidence of such uses in
the immediate vicinity.

Policy BH3 states that residential units will need to provide a rear or side garden of sufficient
size to meet the needs of their occupiers unless the characteristics of the site preclude the
provision of private amenity space. Adequate provision should be made for the storage of
refuse.

Policy AS1 requires appropriate provision for cycle access.

SPG10 (and the Draft New Homes from Old Places Supplementary Planning Document)
outline floorspace and amenity standards required for

In August 2010 it was decided that the Foxhall Area Action Plan would not be pursued and a
less restrictive and more flexible SPD would be prepared. However, the evidence base for the
AAP which informed the preferred option will inform the SPD and is therefore still relevant.
The preferred option stated that the Council would help to improve and promote the best
traditional guesthouse streets in Blackpool, including York Street, Coop Street and Bairstow
Street which have specifically been identified for this purpose and lie at the heart of a
proposed new Foxhall Village Conservation Area.

The neighbouring property at 15 Coop Street is in permanent occupation and although the
wider character of the area remains holiday uses, the western side of Coop Street is
predominantly the side elevations of guest houses on Shannon Street, York Street and Pier
Street. The only other 3 properties on the western side of the street which front on to Coop
Street (1, 3 and 5) are in permanent residential use.

Although conversion to permanent residential use is not consistent with the Foxhall evidence
base, the Draft Holiday Accommodation SPD and not strictly in accordance with RR9, given
the enforcement history, the more mixed character of the western side of Coop Street, the
neighbouring residential use, the potential poor quality holiday accommodation offer and
previous unauthorised use as a HMO, the proposal is considered acceptable in principle
subject to the details and layout being acceptable.

The amenity of future occupiers and the suitability and quality of the accommodation
proposed.

The property is within Bloomfield Ward which is the 5th most deprived ward in England out of a
total of 8414 wards, therefore putting it in the lowest 3% of deprived wards nationally. (Indices
of Deprivation 2007 for Wards. Source: www.neighbourhood.statistics.gov.uk and
www.lancashire.gov.uk). Information from the 2001 Census indicates that a significant
proportion of the housing stock in the Foxhall area failed to meet modern internal amenity
standards.

New housing within Resort Neighbourhoods and the Inner Area, should provide quality family
accommodation which meets or exceeds the floorspace and amenity standards outlined in
SPG10 and arrangements should have regard for the Draft 'New Homes from Old Places'
SPD.

17 Coop Street is poorly laid out with three of the six bedrooms proposed not meeting the
minimum floor space standards in SPG10, the smallest being just 4.4m².

Amendments showing four good sized bedrooms and a study were suggested to the
applicant, but at the time of writing this report, no amendments had been submitted.
Confirmation is also required regarding the removal of wash hand basins in bedrooms.
There is a small yard area to the rear with access off Back Shannon Street. However, no
external amenity space, refuse or cycle storage are shown on the plans which are all
considered necessary for a house with 6 bedrooms.

The layout as currently proposed would provide substandard accommodation, adding to the
over concentration of poor quality accommodation in the Foxhall/Bloomfield area.

Conclusion

Although the principle of permanent residential accommodation is considered acceptable the
size and layout of the accommodation proposed is not considered acceptable. If Committee is
minded to refuse the application for the reason given it is recommended that the issuing of the
decision be delegated to the Head of Development Management upon the expiry of the
notification period (12 April 2011).


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 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.

Recommended Decision: Defer for delegation

Conditions and Reasons

   1.     The proposal would result in an unacceptable standard of residential
          accommodation by virtue of the lack of amenity space, lack of secure refuse and
          cycle storage and on the basis that three of the six bedrooms proposed would not
          meet floor space standards. The proposal would therefore be significantly
          detrimental to the residential amenities of future occupiers of the accommodation.
          As such it would be contrary to Policies HN5 and BH3 of the Blackpool Local Plan
          2001-2016 (and the Council's approved Supplementary Planning Guidance 10 and
          the Draft Supplementary Planning Document 'New Homes from Old Places').




Advice Notes to Developer
Not applicable
COMMITTEE DATE: 04/04/2011

Application Reference:                        11/0009
WARD:                                         Greenlands
DATE REGISTERED:                              17/01/11
LOCAL PLAN ALLOCATION:                        No Specific Allocation
APPLICATION TYPE:                             Renewal of Time Limit
APPLICANT:                                     Marquis Developments

PROPOSAL:               Renewal of planning permission 07/0923 involving the erection of a three-
                        storey block of three townhouses, five two-storey detached houses and a
                        two-storey block of six self-contained permanent flats, with associated car
                        parking, landscaping and access from Warley Road.

LOCATION:                LAND TO REAR OF 307 TO 339 WARLEY ROAD,BLACKPOOL
-------------------------------------------------------------------------------------------------------------------------
CASE OFFICER

M Shaw

SITE DESCRIPTION

The application site is located to the rear of 307-339 Warley Road and has an area of 0.36
hectares. It is bounded by the Blackpool to Preston railway line to the south east, the rear
garden of 30 Bexley Avenue to the south west, an adopted access road that serves the rear of
properties on Warley Road to the north west and land subject of a planning permission
(07/0303 - Land at Bromley Close (adjacent to Rathmore Gardens) for the erection of twelve
self contained permanent flats within three blocks) to the north east, which itself has been
renewed on 20th December 2010 under planning permission 10/1212, subject to a Section
106 Agreement relating to the provision of public open space.

The site is vacant land that was previously used for grazing, it has no specific allocation within
the Blackpool Local Plan 2001-2016.

The Committee will have visited the site on 4th April 2011.

DETAILS OF PROPOSAL

This application seeks to renew planning permission 07/0923 involving the erection of a three-
storey block of three townhouses, five two-storey detached houses and a two storey block of
six self-contained permanent flats with associated access, car parking and landscaping.
Access to the site is from an adopted access road that serves the rear of properties on Warley
Road which would be widened to 4.8 metres and incorporates a footpath and turning area.
Each house would have 2 parking spaces and 6 parking spaces would be provided for the
flats.

Outline planning permission was granted on a slightly smaller area than the current application
site for the erection of residential development and associated access including the demolition
of 337 Warley Road (planning permission ref. 07/0225).
MAIN PLANNING ISSUES

The main planning issues in this case relate to:

   The principle of residential development on the site.
   The impact of the development on the residential amenities of future occupants and
    adjoining neighbours.
   Access and parking
   Design and appearance of the dwellings.
   Drainage and flooding

CONSULTATIONS

   Head of Transportation (Traffic Management) - No comments received in relation to the
    current application but previously commented that ......."The developer will be required to
    enter into a Section 278 Agreement for works required to upgrade the street lighting at the
    new entrance exit point on to Warley Road. The entrance road will need to be 4.8 metres
    wide with a 1.8 metre footway. There will also be a requirement to create a turning area
    for a refuse vehicle as bin collection distance is greater than 25 metres."

   Environment Agency - A desk top study and site investigation will be required. This will be
    dealt with by condition.

   Head of Transportation (Network Maintenance) - No comments received in relation to the
    current application but previously commented that ...............confirmed acceptance of the
    submitted Outline Drainage Design Drawing No. D1034/01.

   Head of Housing and Environmental Protection (Contaminated Land) - No comments
    received in relation to the current application but previously commented that ..............A
    desk top study and site investigation will be required as the development is adjacent to a
    railway line and within 250m of a landfill. This will be dealt with by condition.

   Head of Housing and Environmental Protection (Environmental Protection) - No comments
    received in relation to the current application but previously commented that
    ..............Agree with the proposals made in the sound consultants report. Recommend that
    the proposed measures concerning glazing, vents and acoustic fence should be
    incorporated within the construction of the development. This will be dealt with by
    condition.

   Network Rail - No objection to the principle of residential development.

   United Utilities - Objection to the current proposal as there are no existing surface water
    sewers in Warley Road or between 335 and 337 Warley Road and in accordance with
    PPS25 surface water should not be allowed to discharge into a foul/ combined sewer. This
    prevents foul flooding and pollution of the environment.

    It should be noted that UU did not object to planning applications 07/0923 or 07/0225. In
    light of their objection to the current application this has been taken up with UU and any
    further comments will be reported via the up-date notes.

   Assistant Director of Commercial Services (Waste Management) - No comments received
    in relation to the current application but previously commented that ..............requirement
    for 2 x 1280 litre Eurobins for the flat block. This is provided in the form of a detached
    refuse store. The houses each require storage for 2 x 240 litre wheelie bins and 1 x 140
    litre wheelie. All bins shall have storage facilities within the confines of their premises and
    shall not be provided on the public highway. This storage areas will therefore be provided
    within the curtilage of each house.

   Crime Prevention/Architectural Liaison Officer - Made a number of 'Secure by Design'
    recommendations to the developer including the re-working of the access alley to plot 7 to
    improve security and plans were subsequently amended to include gates. Other
    recommendations made were the incorporation of defensible space for the ground floor
    apartments and the inclusion of a perimeter fence. These will be addressed in conjunction
    with the condition which refers to landscaping and boundary treatments.

PUBLICITY AND REPRESENTATIONS

Neighbours notified        21/01/2011

Site notices displayed     25/01/2011

Press notice published     27/01/2011

Representations have been received from 289, 291, 295, 301, 303, 305, 307, 309, 311, 313,
315, 319, 321, 323, 325, 327, 329, 331, 333, 335, 339, 343, 345, 347, 349, 351 and 353
Warley Road, and 30 and 32 Bexley Avenue.

Collectively the concerns raised are:

   the land is not suitable for building on as it used to be a railway embankment that has
    been filled and levelled. Subsidence is likely to be a problem
   the sewer system cannot cope with any more building
   there would be a loss of privacy due to the proposed flats
   the proposed car parking would make it difficult for residents to access their garages
   there are traffic jams every morning and evening and there is nowhere to park
   there is a half built block across the railway line which should be finished off
   residents would like the land kept for use by horses, a nature reserve or allotments.
   the 3 storey houses would be approximately 3 metres above the bedrooms of houses on
    Warley Road and will have a direct view into their bedrooms resulting in a loss of privacy.
   the view across the railway tracks towards Layton will also disappear
   there are no other 3 storey properties within the area.
   the development of the land by Barratts was refused 20 years ago as being unstable
   if the development goes ahead it will require piling, who will be responsible for any
    structural damage?
   the access road serving the development is part owned by existing residents
   the site is looking an eyesore with fencing having fallen down. There was a stable on the
    land which has been set on fire twice and also a stolen car which was also set on fire.
    There has also been an increase in fly tipping, this used to be a nice area but is gradually
    going downhill fast.

In response to some of the comments made by neighbours land stability and the method of
providing foundations will be dealt with at the Building Regulations stage. Liability for any
structural damage would rest with the developer. The half built block across the railway line is
situated on land which is understood to have recently been auctioned.
Loss of a view from private land is not something that the planning system is set up to protect.
The current condition of the land has been registered as an enforcement complaint and is
being investigated. Reference to a Barratts development is understood to relate to land nearby
but not the application site.

NATIONAL PLANNING POLICY AND GUIDANCE

PPS1- Delivering Sustainable Development
PPS3- Housing

REGIONAL SPATIAL STRATEGY

Policy DP 1 Spatial Principles
Policy DP 2 Promote Sustainable Communities
Policy DP 3 Promote Sustainable Economic Development
Policy DP 4 Make the Best Use of Existing Resources and Infrastructure
Policy DP 5 Manage Travel Demand; Reduce the Need to Travel, and Increase
Accessibility
Policy DP 6 Marry Opportunity and Need
Policy DP 7 Promote Environmental Quality
Policy DP 9 Reduce Emissions and Adapt to Climate Change
Policy RDF 1 Spatial Priorities
Policy L 2 Understanding Housing Markets
Policy L 3 Existing Housing Stock and Housing Renewal
Policy L 4 Regional Housing Provision
Policy RT 2 Managing Travel Demand
Policy RT 9 Walking and Cycling
Policy CLCR 1 Central Lancashire City Region Priorities

The Secretary of State has announced an intention to abolish Regional Strategies and has
issued a letter expecting Local Planning Authorities to have regard to this as a material
consideration in determining planning applications. The Regional Spatial Strategy remains
part of the Development Plan for the Blackpool area. Although the Government's intention to
revoke the document can be given consideration, the weight to be given to it is for the decision
maker to decide.


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
LQ6 - Landscape Design and Biodiversity
HN4 - Windfall Sites
HN6 - Housing Mix
HN7 - Density
AS1 - General Development Requirements
BH3 - Residential and Visitor Amenity
BH4 - Public Health and Safety
BH10 - Open space in New Housing Developments
NE10 - Flood Risk
EMERGING PLANNING POLICY

Core Strategy Preferred Option (April 2010) -

Policy S1 - Strategic Direction and Location of Development
Policy S3 - Housing Need: Blackpool Strategic Housing Sites 2010-2026
Policy S4 - Phased and Balanced Blackpool Housing Market
Policy S6 - Quality of Place
Policy S7 - Climate Change and Sustainable Development
Policy G4 - Housing Mix, Density and Standards
Policy G5 - Affordable and Supported Needs Housing
Policy G9 - Energy Requirements of New Development
Policy G10 - Sustainable Design, Layout and Construction

ASSESSMENT

Principle of Residential Development

The principle of residential development has already been established under the previous
outline planning permissions ref. 07/0225 and 07/0923.

To recap Policy HN4 states that housing development will be permitted on derelict, vacant and
previously developed land within the urban area providing:

(a) the land is not needed to maintain amenity or correct deficiencies in the character or
amenities of an identified priority neighbourhood; and

(b) the land is not identified as being safeguarded for another use in the Local Plan and the
need for that safeguarding still exists.
The application site is vacant land that is unallocated within the adopted Local Plan. It is not
identified within the Local Plan as being of any significant amenity or wildlife value, nor is it
safeguarded for other uses. Therefore, the principle of developing the site for residential
purposes is still considered acceptable.

Policy HN6 states that new housing development will be required to provide an adequate mix
of house types and sizes taking into account the local context and contributes towards the mix
of housing provision in the wider local area. The proposal comprises a mix of two, three and
four bedroom dwellings of differing types and styles. Therefore the proposal complies with
Policy HN6.

Policy HN7 states that all new housing developments should make efficient use of land.
Housing developments should seek to achieve a net density of 30-50 dwellings per hectares.
This site achieves 39 dwellings per hectare and is therefore in accordance with this policy and
does not constitute an over-intensive development.

Impact on Amenity

Impact on adjoining neighbours

Policy BH3 states that development will not be permitted which adversely affects the amenity
of those occupying residential accommodation. This not only applies to adjoining neighbours
but also the future occupiers of the proposed development.
The scheme does not unduly impact upon the amenities of neighbouring occupiers to the
residential premises on Warley Road in terms of overlooking and loss of privacy as there is a
minimum distance of 25 metres between the main rear elevations of the Warley Road
properties and the front elevations of the proposed properties. The properties are separated
by the access road and the gardens of both the proposed and existing properties.

The distance between the side elevation of plot 1 and rear elevations of 337 and 337a Warley
Road is 12 metres and the roof is hipped to reduce the impact on the adjoining properties.
There are no windows in the side elevation of plot 1 so overlooking is not an issue. There will
inevitably be some overshadowing of the rear gardens at certain times in the day, however
this relationship is not an uncommon one and is not considered significant enough to warrant
a refusal of the scheme.

Impact on future occupiers

The site layout shows there is a distance of approximately 9-10 metres between the rear
elevations of 7 of the houses and the railway boundary which is considered to be acceptable.
This relationship with the railway is consistent with properties on nearby Bexley Avenue. The
block of flats would be located closer to the railway boundary. This is considered acceptable
as the windows on this elevation of the flat block comprise secondary windows only (halls and
bathrooms).

A noise assessment has been submitted with the application and has previously been
accepted by the Head of Housing and Environmental Protection. A condition has been
attached to ensure all sound attenuation measures are implemented as part of the
development.

Planning permission was recently renewed (ref 10/1212) which included a two storey block of
flats on land directly to the south east of plot 1. However these flats are at a lower level and
the roof form of the blocks is hipped with no side elevation windows. Therefore it is not
considered to have a detrimental impact on the future occupiers of the dwellinghouse
proposed on plot 1

It is therefore considered that the development would not be contrary to the aims of Policy
BH3.

Policy BH4 requires suitable site investigations on potentially contaminated land such as the
application site. This matter will be dealt with by condition.

Access and Parking

Policy AS1 states that new development will only be permitted where the access needs of all
affected by the development are met.

The proposal indicates the proposed access road to the site to have a minimum width of 4.8
metres with a 1.8 metre footway. A turning head is included in the proposal which would
enable the safe manoeuvring of a refuse vehicle.

The scheme provides two car parking spaces for each dwellinghouse and one space for each
of the flats. This is acceptable considering that the proposal has a medium accessibility rating.
Provision for cycle parking for the proposed flat block has also been included.
The proposal will inevitably increase traffic levels on the access road, however, the widening
of the access road and associated works are considered satisfactory to accommodate this
increase.

The requirement for a Section 278 Agreement under the Highways Acts will have to be
pursued independently of this planning application.

Appearance of the flat blocks

Policies LQ1, LQ2, LQ3 and LQ4 are concerned with raising the quality of the built
environment and ensure that new development is appropriate to its surroundings in terms of
design.

The design of the dwellings complements the surrounding area. The three storey townhouses
are considered acceptable in relation the proposed streetscene and are a significant distance
from the properties fronting Warley Road. The fact that the height of buildings in the area is
predominantly two storey is not reason by itself to refuse planning permission.

The scheme indicates substantial areas of appropriately located incidental hard and soft
landscaping. The details will be required to be agreed by condition.

Drainage and Flooding

Policy NE10 states that development will not be permitted which would increase run-off that
would overload storm drains or watercourses.

An Outline Drainage Design (Drawing ref. D1034/01) has been previously submitted with the
planning application 07/0923 and the Council's Principal Engineer has previously confirmed
acceptance of these details. Although United Utilities had no objection to the proposal under
07/0923 an objection has been raised to this renewal application and clarification has been
sought from United Utilities and any comments will be reported via the up-date notes.

A condition has been attached in order for the proposed drainage systems to be agreed by the
Council, in liaison with the Environment Agency and United Utilities, prior to the
commencement of the development.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

Policy BH10 requires that new residential development makes provision for public open space
in accordance with the guidance in SPG11 and calculated from the number of bedrooms
within the development. There is no on-site provision of public open space within this
proposal, therefore the commuted sum payment required in lieu of on-site provision would
amount to £13,416. This will be dealt with by way of a Section 106 legal agreement.
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 not
considered to be any specific human rights implications raised by the 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

ADDITIONAL BACKGROUND DOCUMENTS

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 the materials to be used on the external elevations including all facing
         materials to external walls, roofing and glazing materials, window frames, fascias
         and rainwater goods shall be submitted to and agreed in writing by the Local
         Planning Authority prior to the development hereby approved being commenced.
         The approved details shall then be implemented as part of the development.

         Reason: In the interests of the appearance of the locality, in accordance with
         Policies LQ1, LQ2 and LQ4 of the Blackpool Local Plan.

   3.    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.
4.   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.

5.   All glazing to the first floor north east elevation of the flat block 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.

6.   Prior to the development hereby approved being first brought into use the car
     parking 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 highway safety, in
     accordance with Policies LQ1 and AS1 of the Blackpool Local Plan 2001-2016.

7.   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.

8.   The approved widening of the access road to the development site shall be
     constructed to base course level before any work commences on the construction
     of the residential development hereby approved.

     Reason: To ensure safe and appropriate access to the site in accordance with
     Policy AS1 of the Blackpool Local Plan 2001-2016.

9.   Prior to the development hereby approved being first brought into use an acoustic
     barrier of a type and situation as to be agreed in writing by the Local Planning
     Authority shall be erected on the south east perimeter of the site adjacent to the
     railway line and thereafter retained. The development shall also include additional
     noise attenuation measures as recommended in the Environmental Assessment
     dated 08 March 2007 by AB Acoustics and accompanying the application.
            Reason: In the interests of the residential amenity of future occupiers of the
            development, in accordance with Policy BH3 of the Blackpool Local Plan 2001-
            2016.

    10.
            No development approved by this permission shall be commenced until a scheme
            for the discharge of foul and surface waters has been submitted to and approved
            in writing by the Local Planning Authority. Such a scheme shall be constructed and
            completed in accordance with the approved plans prior to the first occupation of
            the dwellings.
            Reason: To ensure a satisfactory means of drainage and in accordance with
            Policy NE10 of the Blackpool Local Plan 2001-2016.


    11.
            Notwithstanding the provisions of the Town and Country Planning (General
            Permitted Development) Order 1995 (or any Order revoking and re-enacting that
            Order) no change of use from Use Class C3 (the subject of this permission) to Use
            Class C4 shall take place without the express consent of the Local Planning
            Authority.
            Reason: To safeguard the living conditions of the occupants of nearby residential
            premises and to prevent the further establishment of Houses in Multiple
            Occupation which would further increase the stock of poor quality accommodation
            in the town and further undermine the aim of creating balanced and healthy
            communities, in accordance with Policies BH3 and HN5 of the Blackpool Local
            Plan 2001-2016.


    12.     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.

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

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

REASONS FOR RECOMMENDED DECISION

1
          The development proposed has been considered in relation to Policies LQ1, LQ2,
          LQ3, LQ4, LQ6, HN4, HN6, HN7, BH3, BH4, BH10,NE10 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.    Blackpool Council operates a refuse collection and recycling service through the
        use of wheeled bins and sacks with most premises having 3 or 4 wheeled bins.
        The Council has purchased and provided these wheeled bins to all existing
        properties. However, it will be incumbent on developers and builders of new
        residential properties, including conversions, to provide these bins. Contact should
        be made with the Waste Services Section at Layton Depot, Plymouth Road,
        Blackpool, FY3 7HW or telephone 01253 476279 about the requirement, provision
        and cost of the wheeled bins prior to any resident moving in.


  2.    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.


  3.    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).


  4.    No development shall be commenced until the developer has entered into a
        Section 278 Agreement with the local highway authority for works required to
        upgrade the street lighting at the new entrance exit point on to Warley Road.

        The applicant 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
        provided.

				
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