MIDDLESBROUGH COUNCIL

EXECUTIVE REPORT

Adoption of Middlesbrough’s Urban Design Supplementary Planning Document (SPD).

Executive Member for Regeneration and Economic Development: Councillor Charles Rooney

Executive Director of Neighbourhood and Communities: Kevin Parkes
24 January 2013

PURPOSE OF THE REPORT

  1. This report is to inform the Executive Member of minor amendments made to the draft Middlesbrough Urban Design Supplementary Planning Document (SPD), following receipt of representations in respect of a six weeks public consultation, and to outline the adoption stage of the process.
SUMMARY OF RECOMMENDATIONS
  1. It is recommended that the Executive Member for Regeneration and Economic Development formerly adopts the Middlesbrough Urban Design Supplementary Planning Document, as part of the Council’s suite of Local Development Framework (LDF) documents.

IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?

3. / It is over the financial threshold (£150,000)
It has a significant impact on 2 or more wards
Non Key / X

DECISION IMPLEMENTATION DEADLINE

  1. For the purposes of the scrutiny call in procedure this report is

Non-urgent / X
Urgent report

BACKGROUND AND EXTERNAL CONSULTATION

  1. The Middlesbrough Urban Design SPD has been produced to provide guidance for all development across the town. The document sets out the design standards the Council requires to ensure improvements to the quality of development continues, whilst also promoting innovation and creativity. The intention of the SPD is not to deter development or investment in the town, but to encourage and help all parties from householders to large-scale developers to achieve a higher standard of design in their planning proposals.
  1. The SPD will form part of the package of Middlesbrough’s LDF documents. It will assist the Council in delivering national and local planning policy objectives in respect of design and sustainable development. The SPD has also been prepared in accordance with the Government’s National Planning Policy Framework (NPPF) design policies and associated Town and Country (Local Development) (England) Regulations.
  1. As an SPD, the document will also be a material consideration in the planning system by providing guidance on the design of development and provide an additional basis for the determination of planning applications across Middlesbrough.
Public consultation undertaken
  1. On the 18 September 2012 the Executive Member for Regeneration and Economic Development gave approval for officers to undertake a six-week period of public consultation, in order to seek representations on the contents of the draft SPD. This consultation period commenced on the 26 September and ended on the 6 November 2012. The methods of consultation used were in accordance with procedures set down in the Council’s adopted LDF Statement of Community Involvement (SCI) 2010 document, and included:
  1. placing the SPD and feedback forms in the Council’s Civic Centre reception area. Copies and feedback forms were also made available at the Central Library and in all other Middlesbrough branch libraries and community centres, including illustrative exhibitions at selected libraries and community centres;
  2. placing the SPD on the Council’s website;
  3. notifying via letter statutory bodies, local Ward councillors and community councils, when and where they could inspect the SPD;
  4. placing a public notice in the local newspaper when and where the SPD could be inspected; and,
  5. issuing a press release on the nature of the SPD and commencement of the consultation period.
  1. Additionally, as part of the consultation process officers were made available upon request for one-to-one meetings and/or presentations to discuss the aims and objectives of the SPD.
Representations received
  1. At the end of the six-week consultation period, the Council had received over 50 representations from 17 respondents. In summary, an analysis of the representations found that the majority of respondents were satisfied with the content of the SPD. Seven respondents, however identified sections of the SPD that they felt could be improved by including additional detail and/or including other issues relating to design matters.
  1. It however, has not been possible to include all of the suggestions that respondents have made, as some relate to areas of work carried out by other service areas of the Council. Where this has occurred these representations have been forwarded to the relevant section, for their consideration. Additionally, some comments repeated policies from other LDF documents or were considered too restrictive to be included in this type of a guidance document. But where it has been possible to include a respondent’s comment the SPD has been amended accordingly. A copy of the respondents’ representations and the officers’ responses has been attached to the back of this report, for information purposes (see Appendix 1).

Next Stage

  1. As the amendments to the SPD have been minor, the document can now proceed to the next stage the in process, which involves the adoption of the finalised SPD. This adoption stage enables the SPD to become part of the suite of LDF documents, and a material consideration in the determination of planning applications within Middlesbrough.
  1. Once the SPD has been adopted, the Council is required to issue an adoption notice to be placed in the local press and on the Council’s website. Additionally, the newly adopted SPD will be placed in local libraries and the Civic Centre (reception area), with a copy of the adoption notice, along with a statement of consultation, a copy of the representations received, and the Council’s response to those representations, for a minimum of six weeks.
  1. After adoption of the SPD, any person who feels aggrieved by the SPD may apply to the High Court to seek a judicial review of the decision to adopt the SPD. This application must be made within 3 months after the day on which the SPD was adopted.

IMPACT ASSESSMENT

15.An initial Equality Impact Assessment (EIA) has been undertaken in respect of preparing the SPD. The findings from the EIA are that the SPD accords with the aims and objectives of the Council’s Diversity Action Plan and therefore will not require a Level Two full impact assessment.

OPTION APPRAISAL/RISK ASSESSMENT

16.The Council must prepare the LDF under the Planning and Compulsory Purchase Act 2004, and accord with the National Planning Policy Framework. This legislation largely dictates process and procedures for the preparation of Development Plans and associated planning documents.

FINANCIAL, LEGAL AND WARD IMPLICATIONS

17.Financial Implications - There are no financial implications as a consequence of this report. Provision is made within the LDF budget to cover the costs of the statutory consultation process and printing of the SPD.

18.Legal Implications – SPDs form part statutory Development Plan process, introduced as part of the Planning and Compulsory Purchase Act 2004. The SPD once adopted will become a material consideration in the determination of planning applications within Middlesbrough.

19.Ward Implications – Ward Members are to be consulted as part of the SPD adoption process.

RECOMMENDATIONS

20.It is recommended that the Executive Member for Regeneration and Economic Development formerly adopts the Middlesbrough Urban Design Supplementary Planning Document, as part of the Council’s suite of Local Development Framework (LDF) documents.

REASONS

21.To ensure that the SPD is a material planning consideration in the determination of planning applications within Middlesbrough.

BACKGROUND PAPERS

The following background papers were used in the preparation of this report:

None.

AUTHOR: Charlton Gibben

TEL NO: 729065

Address:

Website:

Middlesbrough’s Urban Design SPD – Representations – Appendix 1

Respondent Name / Paragraph Number/s / Respondent Comments / Officer Response
The Highways Agency / - / No observations to make on the draft SPD. / -
North Yorkshire County Council / - / No observations to make on the draft SPD. / -
Stockton-on-Tees Borough Council / - / No observations to make on the draft SPD. / -
Mr Ian Shannon
(Nunthorpe Resident) / - / Overall, this is an excellent policy document. If only, this had been the policy in the 1960s and 1970s. There is a commendable dose of common sense in much of the document. De-cluttering our streets is a good example. / Support welcomed and comment noted.
Mr Raymond Murphy
(on behalf of the Brookfield Community Council) / 1.1– 1.14
1.15
4.1-5.34
3.30
3.9 onwards / On behalf of the Executive Committee of Brookfield Community Council I accept and support the Draft Urban Design SPD.
The Foreword and Introduction show a common sense and practical approach to urban development, particularly to the One Planet Living Objective (para 1.6).
SUDS proposal is an absolute must in view of recent flooding events in the north of England and even more locally in Stockton due to extreme weather situations which will almost certainly re-occur in the future.
The Community Council is obviously concerned more in Residential Development proposals and the Guidance make interesting reading and it is hoped that the proposals are to be implemented and strictly upheld.
The Committee also agree on the Guidance proposal on Street Clutter.
With regards to Section 3 it is hoped that local communities are (as is the case now) and in the future always informed and consulted on any developments, large or small, that will effect the local infrastructure and the wellbeing of the community and its residents – in line with the Localism Bill and the National Planning Policy Framework. / Support welcomed.
Comment noted.
Comments on SUDs have been taken onboard, with a view to expanding the text to include the importance of SUDs within new development. It should however, be recognised that it may not be appropriate for all new development sites to contain SUDs. A conventional piped drainage systems may be more appropriate for a particular site.
The Urban Design SPD will be a material consideration in the determination of planning proposals, along with other planning guidance documents, and each planning proposal will be dealt with on its own planning merits.
Support welcomed.
The Council recognises that it is important to keep residents informed about submitted planning proposals and other related planning documentation. This commitment is in accordance with statutory national guidance, and the Council’s own Statement of Community Involvement guidelines.
Mr David Richardson / - / Quite a comprehensive review and plan for the future. However some things that the report frowns upon are already in place for example street clutter and infill buildings. Is there any form of retrospective actions planned? / Comment noted.
The comment on retrospective action against existing development is noted. However, such development was then lawful and in accordance with the planning permission. The Council therefore cannot take any further action against such development.
Mr D Vipond – Acting Head of Estates Teesside University. / - / The University is very pleased that Middlesbrough Council has taken the opportunity to develop the draft Urban Design Supplementary Planning Document for all types of developments, including domestic and commercial projects across the town. The University remains committed to delivering new developments and all of its building refurbishment projects to a very high standard, working closely with and maintaining its excellent working relationship with the Council’s planning department to ensure that these projects are designed and constructed to be sympathetic and complimentary to the local environment.
The University has continually invested in the development of the Middlesbrough Campus over the last 20 years, improving the appearance of the relevant Wards, spending in excess of £100million. During this period, the University has fully complied with all of the necessary undertakings required by the Council and already adheres to the proposals laid out in the Urban Design Supplementary Planning Document.
The University will support this document but acknowledges that this guide is for reference only and recognises failure to comply with this guidance may create resistance against planning applications. The University therefore asks the Council to ensure that full consideration of the UDSPD proposals are clearly identified, as part of the planning application process, to all developers planning to build or extend property around the perimeter of the University. / Support welcomed.
The Council acknowledges the importance that the University plays within the town, through its continued investment in high quality campus buildings and associated urban landscape schemes, which have assisted in contributing to an overall positive impression of the town’s built environment. It is through an excellent working relationship with the University that it has been possible to achieve and ensure the design quality of development proposals have been particularly high.
Comment noted. It should be recognised however, that the Urban Design SPD will be will not only be a guide on design it will also be a material consideration in the determination of planning proposals, along with other planning guidance. It should also be remembered that each submitted planning proposal will be dealt with on its own planning merits.
Environment Agency / - / We generally agree with the references made to the natural environment throughout the SPD. We particularly welcome the statement on Page 7 that successful developments should “contribute to the wider environmental benefits for the town”, and the acknowledgement on Page 13, paragraph 3.22 that open space corridors “can also provide a valuable asset for nature and wildlife and vegetation”.
We would recommend that this SPD is also used as an opportunity to promote the use of SUDS in new developments. Whilst reference is made to the SUDS Approval Body (SAB) there is no attempt to promote the use of SUDS as part of good design.
We would therefore recommend that this is highlighted in relation to good design, and that the SPD encourages all developments to incorporate SUDS whereever possible.
We also welcome the commitment to pre-application advice set out in this SPD. We encourage developers to contact us early on in the planning process when sites may have an impact on environmental issues within our remit, and we would be happy to attend any pre-application meetings with you in this respect. / Support welcomed.
Comment noted. It is intended to expand the section on SUDs to include the part SUDs can play in aspects of good design.
Comment noted. In pre-application meetings officers will normally advise the applicant to contact various agencies such as the Environment Agency before submitted their application. This early contact with relevant agencies can greatly assist in ensuring that their application is not unduly held-up once the application has been submitted. The offer to attend pre-application meetings is appreciated and will be considered.
Mrs Angela Livingstone
(on behalf of Nunthorpe Parish Council) / 5.11d
5.20 & 5.22
5.8a&b / We have read your Urban Design SPD and will only be commenting on Section 5 – Householder/Domestic Development. If you disagree with our suggestions and comments we would very much like to have a meeting with you, sometimes sketches/illustrations or discussions are an easy way of understanding problems and proposals.
We feel that it would be beneficial to the Councils document if the Officers preparing this section read and incorporated missing items and guidance from both Stockton and Redcar Council Extensions & Alterations SPDs. These are very fit for the purpose and are giving rise to some very good extensions in other areas of Cleveland.
The government produces very good guidance for extensions and alterations on the Planning Portal site; we would encourage you to incorporate items in the Planning Portal into your Urban Design S.P.D.
To read 450mm not 200mm, roof tiles cannot be level and will not fit into any space less than 450mm.
To accommodate modern car/dwelling expectations all dwellings should at all times provide 2 parking spaces per property. Dwellings larger than 4 bedrooms should have 3 parking spaces and pro-rata up to 6 bedrooms with 4 parking spaces.
Side Extensions – It would appear that this section does not address the most significant domestic planning problem. Currently within Nunthorpe extensions are being allowed up to and on the side of boundaries giving rise to terracing effect and changing the street scene from detached dwellings to a terraced street. This completely changes the character of the street and the original design intentions. We suggest no alteration or extension be allowed within 1 metre of the side boundary. / Comment noted.
In preparing the draft SPD officers looked at a number of similar types of SPD that had been produced by other local authorities and agencies (adjoining and national). The outcome was that the majority of SPDs appeared to highlight design aspects that have been a recurring design issue for them. The Middlesbrough draft SPD has therefore, been prepared take account of design issues relevant to this borough, whilst trying to be as comprehensive and realistic as possible in the issues covered.
Thank you for bringing this issue to our attention. The main purpose of the 200mm criterion was to ensure the subordination of the dormer extensions upon the roof space. So rather than setting specific dimensions, which are difficult to implement rigidly, it is proposed to amend the current text to read; ”Should be set back from the eaves line by an appropriate dimension sufficient to achieve a subordinate appearance.