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					     PLANNING COMMITTEE DATE 23/06/2008


APPLIC REF NO 2008/245/NT                                      DATE RECEIVED               27/03/2008

CASE OFFICER             Simon Dutfield                        DATE OF EXPIRY              26/06/2008

APPLICANT                KING MANAGEMENT LTD.,

LOCATION AND DESCRIPTION OF PROPOSAL
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                          BIRDING STREET MANSFIELD NG19 7DT

                         RESIDENTIAL REDEVELOPMENT OF PUBLIC HOUSE,
                         INCLUDING DEMOLITION OF ALL EXISTING BUILDINGS AND
                         ERECTION OF 19 DWELLINGS INCLUDING 2 FLATS, 5
                         THREE STOREY DWELLINGS AND 12 TWO STOREY
                         DWELLINGS, ASSOCIATED GARAGES, PARKING,
                         LANDSCAPING AND ACCESS.
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RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS



     DESCRIPTION OF PROPOSAL AND APPLICATION SITE

     This is a full application for the redevelopment of the ‘Ma Hubbards’ site at the
     junction of Woodhouse Road with Birding Street. The application is a major
     application and has been referred to the Planning Committee for
     determination.

     The existing premises comprise a freestanding two storey public house with
     living accommodation over, together with extensive parking. A number of
     trees are located on site, primarily to the Orchard Street frontage and a
     number of ‘highway trees’ are located to the Woodhouse Road and Birding
     Street frontages adjacent to the site.

     The proposal would result in the redevelopment of the whole site, and would
     provide for a total of 19 residential units comprising:-

     5 x 3 bed 2.5 storey terraced houses,
     10 x 3 bed 2 storey terraced houses,
     2 x 3 bed 2 storey semi detached houses, and
     2 x 2 bed first floor apartments located over garage block.

     A total of 17 garages and 20 parking spaces are to be provided, giving a total
     of 37 vehicular spaces (194% provision)

     The development would be built in mix of materials but would incorporate tiled
     roofs, stone and brick walls. The site has a total area of 0.35 ha. which would
     result in an overall density of approximately 54 dwellings per hectare.
PLANNING COMMITTEE DATE 23/06/2008


The site is bounded primarily by residential accommodation to the west, south
and east, and an elevated railway to the north. Several retail uses are located
within the adjacent residential areas. The land would front onto three roads,
including Woodhouse Road, Birding Street and Orchard Street, with all
residential properties fronting onto these roads. A small access road is to be
formed off Orchard Street, giving access for parking/garaging to serve the
majority of the properties, refuse collection etc. (5 properties would gain direct
vehicular access off the existing residential roads).

RELEVANT SITE HISTORY

None

OBSERVATIONS RECEIVED

Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.

Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.

1)     Network Rail

No objections in principle.

2)     Parks Manager

Would require payment of a commuted sum for recreational enhancements
within the Birding Street allotments as highlighted within the Community
Interest Plan for the Sherwood Ward.

3)     Tree Officer

Prominent site with strong view lines. The character of the area is of large
mature trees bordering the main road. Additional planting/landscaping would
be required, particularly additional tree planting.

4)     Nottinghamshire Wildlife Trust

No objections but as there is potential for bats in the vicinity, would request a
condition requiring a full bat survey prior to demolition works on site.

5)     Severn Trent Water

No objection
PLANNING COMMITTEE DATE 23/06/2008


6)        Head of Operations, (Highways)

No objections in principle.

7)        Environmental Health Manager

No objections subject to conditions.

8)        Nottinghamshire County Council, (Highways)

No objections.

9)        Nottingham Police ALO

Any observations received will be reported verbally at the meeting.

10)       Parks and Street Care Manager (Refuse)

No objections in principle.

11)       Members of the Public

8 letters of objection have been received from the occupiers of 2, 6, 8, 12, 24
Orchard Street, and 2 Baggeley Crescent. The main grounds of objection are
summarised below.

         Overlooking.
         Restrict access to garage at plot 19 will cause disruption.
         Loss of view.
         Loss of privacy.
         Impact upon property values,
         Pollution.
         Site should be used for retail/offices.
         No need for more housing, jobs required.
         Poor access off Orchard street which has restricted width.
         Egress from Orchard Street onto Birding street is difficult.
         Orchard Street becomes heavily parked. Conflict/congestion with new
          development. Restricted access for emergency vehicles.
         Congestion at Birding Street/Woodhouse Road junction, particularly at
          peak times.
         Former Sherwood colliery residential development already adds to
          congestion, and has not been completed.
         Loss of existing residents parking.
         New access road will result in loss of amenity to those living opposite.
         New access should be from Birding Street.
         Loss of ‘community feeling’ in area as a result of additional housing.
PLANNING COMMITTEE DATE 23/06/2008


POLICY & GUIDANCE

.National Guidance

PPS 3. Housing. Seeks to achieve a mix of good quality housing in
appropriate and sustainable locations, and presumes in favour of developing
brownfield sites.

Regional Planning Guidance.

Policy 3/3 of the Nottinghamshire Structure Plan makes provision for 3,000
additional dwellings

Local Guidance.

Development Control Policy in respect of space about Dwellings.
The guidance sets down a number of standards/requirements that schemes
should generally try to achieve to ensure an appropriate and well designed
scheme is prepared.

IPG Note No. 3 in respect of Recreational provision on new residential
properties applies. The guidance requires either POS provision on site or a
commuted sum to be spent elsewhere.

The following saved policies of the local plan apply.

BE1 re the need to achieve a high standard of design,
H2 which presumes in favour of residential development within the urban
boundary, and
M16 which seeks to achieve appropriate means of transport and access.

ISSUES

The main issues for consideration relate to the following matters.

      Compliance with National planning polices contained in PPS3 Housing.
      Whether or not the proposal complies with Local Plan policies.
      Whether or not the development will result in Loss of residential
       amenity.
      Impact upon highway network.
      Whether or not the development will have an adverse impact upon
       parking provision,
      Whether or not the design and appearance of the dwellings is
       acceptable.
PLANNING COMMITTEE DATE 23/06/2008


Compliance with PPS 3

The site is located within the urban boundary and comprises land that is
currently in use as a pub/restaurant with associated parking provision. One of
the key objectives of PPS 3 is the effective use of land by re-using land that
has previously been developed, and that land should be used efficiently.

The proposal makes provision for the redevelopment of the existing public
house and associated car park. The use of the land would enable a more
efficient use of the land to be made, and would provide for residential
accommodation that would be located close to a principle road in Mansfield
providing for good public transport and would be a short distance from the
Town centre and associated services.

Accordingly, it is considered that the redevelopment of the site would fully
accord with the principles of PPS 3.

Compliance with Local Plan Policies

A number of saved policies within the Local Plan apply.

Policy BE1 seeks to achieve a good quality development. The application site
comprises a public house set within an extensive car park. The existing
building is not of particular merit or value. The development would result in
the existing structures being removed, which would improve the appearance
of the locality. The proposed scheme makes provision for a number of
dwellings on site, which would reflect the design and appearance of other
properties on Woodhouse Road, i.e. the dormers, materials, bay windows,
height and massing. Various amendments have been made to the application
in order to achieve a satisfactory road layout and to achieve appropriate levels
of separation between dwellings. It is considered that the detailing and
changes to the proposed development would create an interesting and well
designed scheme, which would reflect and fit in with the surroundings.

Policy H2 makes provision for new residential developments within the urban
boundary subject to a number of criteria being met. The criteria include such
matters as integrating with the existing pattern of settlement, protecting
residential amenity and incorporating suitable garden areas/open space. As
indicated above, the development would integrate well with its surroundings.
The distance of separation between existing and proposed dwellings on
Orchard Street is below what is normally considered appropriate, being 16m
instead of 22m. However, the existing properties are characterised by their
short front gardens, which is typical of their time of construction and to
achieve normal separation between properties would result in excessively
large front gardens to the new properties, which would impact also impact
upon the visual amenity and character of the street scene. The number of
windows to habitable rooms on the new dwellings would be kept to a
minimum of 2 (1 each at ground floor and first floor) which would minimise the
potential for overlooking. It is accordingly considered that the development
PLANNING COMMITTEE DATE 23/06/2008


would result in an acceptable form of development that generally complies
with the objectives of the policy.

Policy M16 seeks to achieve appropriate means of access and transport. The
application site is located adjacent to Woodhouse Road, which is well served
by public transport, providing for good links to the Town centre. The
implications of the development upon the road network have been considered
by the Highway Authority, who raise no objections to the proposal.

Residential amenity

A number of concerns have been raised by local residents.

With respect to issues of overlooking, there is limited scope for overlooking
between existing and proposed dwellings, with only those properties on
Orchard Street which would be potentially affected. The distance of
separation although below normal requirements is considered to be
acceptable, being better than what would be typical for properties of a similar
age, and as only a limited number of principle windows would face the
existing properties ( lounge and bedroom).

Existing residents do not have a right of view over the application site, and the
impact of the development upon property values. It is accordingly not
considered that the development would significantly detract from the
residential amenities of the neighbouring properties.

Impact upon highway network

Concerns have been expressed with respect to means of access to and from
the site, and the potential for congestion, particularly at the Woodhouse Road
Junction. The County Council as Highway Authority have considered the
application, particularly with respect to its impact upon the highway network,
and are of the opinion that the generation of traffic onto the Highway network
is at an acceptable level.

Parking Provision

Including garage spaces, parking provision is made at a ratio of 2 spaces per
dwelling for all but 2 properties where only one space is provided, (194%
provision), in excess of what would be required for residential developments
in similar locations (100%). Accordingly, there are no problems with respect
to on-site provision. The properties on Orchard Street comprise older
terraced dwellings with very limited provision for off street parking which
would result in the majority of residents having to park on street. Apart from
the actual means of access intro the development, and several drives, the
development should not restrict the existing parking arrangements.
PLANNING COMMITTEE DATE 23/06/2008


Design and appearance

The proposal is for 2 and 2.5 storey dwellings on site, built in traditional
materials, i.e. brick, stone and tiles. Whilst some of the buildings are in
terraced form, they are ‘staggered’ in alignment and vary in height and accord
with and match the existing properties on Woodhouse Road.

Various amendments have been made to the application which has resulted
in particular features being incorporated into the design, such as bay
windows, which again reflect the character of some of the existing properties
in the area.

As a result of the amendments, I am satisfied that the overall scheme makes
a valuable contribution to the visual amenities of the area.

CONCLUSION

The application provides for the replacement of a detached public house, out
buildings and extensive car park to residential use.         The proposed
development provides for a well designed scheme, which will visually relate
well to surrounding properties. More than adequate on site parking is
proposed and the Highway Authority are satisfied with the Highway
implications. Accordingly I am of the opinion that the development is
acceptable and would recommend that planning permission be granted
subject to the following conditions.

RECOMMENDED CONDITIONS/REASONS/NOTES

SUMMARY OF REASONS FOR DECISION

The application has been considered within the context of saved policy
BE1,H2 and M16 [28/09/08] of the adopted \Mansfield District Local Plan and
would appear to comply with the criteria contained there-in. Furthermore, the
application has been considered within the context of PPS 3 Housing, and
would appear to meet the key objectives contained there-in. In the opinion of
the Local Planning Authority there are no other material planning
considerations to be taken into account that would warrant a decision at
variance with the above.

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

(1) Reason: In accordance with Section 92(2) of the Town and Country
Planning Act 1990, as amended by S51(2) of the Planning and Compulsory
Purchase Act 2004.

(2) This permission shall be read in accordance with the following plans:

      Proposed site Layout. 08/1675/01 Rev. C received 11/06/08
PLANNING COMMITTEE DATE 23/06/2008


      Type A 3 storey Terrace design,        08/1575/03 Rev. C       received
       11/06/08

      Type B 2 storey terrace design. 08/1675/04 Rev. C received 11/06/08

      Type C Coach House Design. 08/1675/05 Rev A received 13/05/08

      Type D House Design. 08/1675/06 Rev. A received 13/05/08

      Type E House Design. 08/1675/07 Rev A. received 13/05/08

      Type F house Design. 08/1675/08 Rev A. received 13/05/08

      Detached garages. 08/1675/09 received 13/05/08.

The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.

(2) Reason: To define the permission, for the avoidance of doubt.

(3) The hours of work during construction and the delivery of materials on to
the site shall be restricted to 08.00-18.00 hours Monday-Friday, 08.00-13.00
hours Saturdays and no working shall take place on Sundays and Bank
Holidays.

(3) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy H 2 (28/09/07) of the adopted
Mansfield District Local Plan.

(4) No development shall take place until the method of working during the
construction phase, in the form of an environmental management plan, to
include control of noise, vibration and dust emission has been submitted to
and approved in writing by the Local Planning Authority. All subsequent
construction shall be undertaken in accordance with the approved scheme
unless otherwise agreed in writing by the Local Planning Authority.

(4) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy H 2 (28/09/07) of the adopted
Mansfield District Local Plan.

(5) No demolition shall take place until a scheme indicating the method of
demolition, the hours of operation, the method of removal, the length of time
required for demolition, the finished surface treatment and the boundary
treatment has been submitted to and approved in writing by the Local
Planning Authority. Demolition shall then proceed in accordance with the
agreed scheme.

(5) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy H 2 (28/09/07) of the adopted
Mansfield District Local Plan.
PLANNING COMMITTEE DATE 23/06/2008


(6) No development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a scheme of landscaping.
Such a scheme shall include as appropriate: details of proposed and existing
shrubs and hedgerows including details of those to be retained and any to be
removed, planting plans, written specifications including cultivation and other
operations associated with plant and grass establishment, schedules of plants
noting species sizes and proposed numbers/densities where appropriate and
a programme of implementation. All planting, seeding or turfing indicated in
the approved scheme shall be carried out in the first planting and seeding
seasons following the occupation of the building or the completion of the
development, whichever is the sooner, and any plants which within a period of
five years from the completion of the development die, are removed, or
become in the opinion of the Local Planning Authority seriously damaged or
diseased, shall be replaced in the next planting season with others of similar
size and species, unless the Local Planning Authority gives written consent to
any variation. The development thereafter shall be undertaken in accordance
with the approved details.

(6) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.

(7)    No development shall take place until such time as the design of an
entrance feature for the shared residential located at the tangent point of the
junction radii has been submitted to and approved in writing by the Local
Planning Authority. The feature shall be installed prior to the access road first
being brought into use.

(7) Reason: In the interests of highway safety and to ensure the development
complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District
Local Plan.

(8)     No development shall take place until such time as details of 2.0m wide
footpaths to be installed on the junction radii outside of plots 16 and 17 to a
point 2.0m beyond the access feature have been submitted to and approved
in writing. The approved scheme shall be implemented prior to the access
road first being brought into use.

(8) Reason: In the interests of highway safety and to ensure the development
complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District
Local Plan.

(9) Building operations shall not be commenced until details of the surface
water and sewage disposal proposals serving the site have been submitted to
and approved in writing by the Local Planning Authority. The development
thereafter shall be undertaken in accordance with the approved details.

(9) Reason: To ensure that the development is provided with a satisfactory
means of drainage as well as to reduce the risk of creating or exacerbating a
flooding problem to minimise the risk of pollution.
PLANNING COMMITTEE DATE 23/06/2008


(10) No development shall taken place until the Local Planning Authority has
approved:

   (a) Details of the type of construction proposed for the road and/or
       footways including all relevant cross sections and longitudinal sections
       showing the existing and proposed levels together with details of street
       lighting and the method of surface water drainage including outfall
       proposals.

   (b) A programme for the making-up of the roads and/or footways.

The roads and footways shall be laid out and made up in accordance with the
approved programme and details and in any event shall be so constructed
that, by not later than the time any building erected on the land is occupied;
there shall be a direct connection from it (completed to the approved
specification less the carriageway and footway surfacing) to a highway of
adoptable standard. The final carriageway and footway surfacing shall be
commenced within three months and completed within six months from the
date upon which erection is commenced of the penultimate building for which
permission is hereby granted.

(10) Reason: To ensure that the development meets the required standards.

(11) No dwelling to which this permission relates shall be commenced unless
or until the carriageway base and kerb foundation of the new road on which it
fronts, is adjacent to, or gains access from, has been constructed.

(11) Reason: To ensure the proper phasing of the development.

(12) Before any other part of the development hereby approved is
commenced the junction of the estate road with the existing public highway
shall be constructed and the visibility splays shown on drawing number
08/1675/01 Rev C dated 11/06/2008 shall be provided.

(12) Reason: To ensure an adequate standard of access to the estate in the
interests of local amenity and convenience.

(13) The existing access shall be permanently closed off concurrently with the
new access being brought into use and in accordance with the details shown
on the submitted Drawing Number 08/1675/01 Rev C, dated 11/06/2008.

(13) Reason: To ensure an adequate standard of access to the estate in the
interests of local amenity and convenience.

(14) Visibility splays of 1.5m x1.5m shall be provided at the highway
boundary prior to the access being brought into use. No structure or
landscaping exceeding 0.6m in height shall be located within the visibility
splay at any time unless otherwise agreed in writing by the Local Planning
Authority.
PLANNING COMMITTEE DATE 23/06/2008


(14) Reason: To ensure satisfactory access to each dwelling in the interests
of residential amenity and convenience, in accordance with Saved Policy M16
(28/09/07) of the adopted Mansfield District Local Plan.

(15) Prior to the commencement of works on the site, details of a wheel
washing facility for construction traffic shall be submitted to and approved in
writing by the Local Planning Authority. The scheme shall be implemented in
accordance with the approved details during construction work.

(15) Reason:      In the interests of highway safety and to ensure the
development complies with Saved Policy M16 (28/09/07) of the adopted
Mansfield District Local Plan.

(16) No development shall commence until details of the proposed external
facing materials to be used have been submitted to and approved in writing by
the Local Planning Authority. The development thereafter shall be undertaken
in accordance with the approved details.

(16) Reason: In the interests of visual amenity and to accord with Saved
Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.

(17) No development shall commence until details of the proposed roofing
material to be used have been submitted to and approved in writing by the
Local Planning Authority. The development thereafter shall be undertaken in
accordance with the approved details.

(17) Reason: In the interests of visual amenity and to accord with Saved
Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.

(18) No development shall take place, including demolition, until a protected
species survey has been undertaken and the findings, including any mitigation
measures, have been submitted to and approved in writing by the Local
Planning Authority. The development thereafter shall be undertaken in
accordance with the approved details.

(18) Reason: To comply with the provisions of the Wildlife and Countryside
Act.

(19) No development shall commence until a planning obligation in the form of
a Section 106 Agreement has been submitted to and engrossed by the Local
Planning Authority. This Agreement shall relate to a contribution towards
enhancements to recreational facilities and maintenance thereof.

(19) Reason: In order to comply with the provisions of IPG note 3 in respect
of Recreational Provision on New Residential Developments.

(20) Notwithstanding the provisions of the Town and Country Planning
General Permitted Development Order 1995 (or any other revoking and re-
enacting that order) no development relating to Class A of Part 2 of Schedule
2 (erection of walls, fences or other means of enclosure) Class A of Part 1 of
Schedule 2 (erection of extensions) or Class E of Part 1 of Schedule 2
(erection of buildings incidental to the enjoyment of a dwellinghouse such as
PLANNING COMMITTEE DATE 23/06/2008


greenhouses, sunhouses and garden sheds) shall be erected without the prior
consent in writing of the Local Planning Authority.

(20) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy H2 (28/09/07)
of the adopted Mansfield District Local Plan.

(21) No development shall commence until a plan indicating the positions,
design, materials and type of walls, fences and other means of enclosure to
be erected within and along the boundaries of the site have been submitted to
and approved in writing by the Local Planning Authority. The development
thereafter shall be undertaken in accordance with the approved details before
the buildings are occupied.

(21) Reason: In the interests of the reasonable residential amenity of
adjoining occupiers, in accordance with Saved Policy H2 (28/09/07) of the
adopted Mansfield District Local Plan.

(1) Note to Applicant

The applicant is advised that the vehicular crossing is to be constructed in
accordance with Nottinghamshire County Council's "General Specification for
Roadworks". The work can be carried out either by the District Council (the
Engineers Section of the Development Services Directorate will provide an
estimate for the work if requested) or by the developers own contractor
provided they have £2 million Public Liability Insurance Cover and have taken
out a Road Opening License (forms available from Building Control Services)

(2) Note to Applicant

The required standards for highway works are set out in the General
Specification for Private Street Works, Minor Works Contracts and Residential
Development Roadworks published by Nottinghamshire County Council.

(3) Note to Applicant

Notes regarding construction works in the public highway are attached.

(4) Note to Applicant

Notes regarding any work in the existing highway/footway are attached.

(5) Note to Applicant

Copy of letter from Network Rail enclosed.
PLANNING COMMITTEE DATE 23/06/2008

				
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