COMMITTEE DATE: 03/09/2012
Application Reference: / 12/0412WARD: / Stanley
DATE REGISTERED: / 31/05/12
LOCAL PLAN ALLOCATION: / No Specific Allocation
APPLICATION TYPE: / Outline Planning Permission
APPLICANT: / NHS Blackpool
PROPOSAL: / Erection of 8 no. two-storey, semi-detached dwellinghouses with vehicular accesses from Burgess Avenue, Crompton Avenue and Reaney Avenue and associated car parking, detached garages and landscaping.
LOCATION: / LAND AT FORMER HAWES SIDE CLINIC, HAWES SIDE LANE, BLACKPOOL, FY4 5AJ
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Summary of Recommendation: / Defer for Legal AgreementCASE OFFICER
Miss P Greenway
SITE DESCRIPTION
This vacant site of 0.16 hectares is behind the former Hawes Side Library on Hawes Side Lane, and was occupied until recently by an NHS clinic. It is within a dense residential area, comprising mainly red brick semi-detached houses. The site is almost square and measures approximately 42 m in each dimension and is bounded by Crompton Avenue, Reaney Avenue, Burgess Avenue and the rear of the former Hawes Side Library. Hawes Side Lane is a main distributor route and is a bus route.
The Committee will have visited the site on 3rd September 2012.
DETAILS OF PROPOSAL
The proposal is for the erection of eight (four pairs of semi-detached) houses; three properties would front Burgess Avenue, three would front Crompton Avenue and two would front onto Reaney Avenue. All would have independent vehicular access and all bar one would have a garage within their curtilage, the remaining property would have two off-street parking spaces. The proposal is in outline only, with access, layout and scale being applied for.
MAIN PLANNING ISSUES
The main issues are the principle of the development; the impact on residential amenity and parking / access.
CONSULTATIONS
Head of Transportation has no objection but requires some changes to the footway layout.
United Utilities: Raise no objection to the proposal but in order to ensure that a suitable drainage strategy is developed on the site, they request that a condition is attached to any approval stating that 'No development approved by this permission shall be commenced until a scheme for the disposal of foul & surface water has been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans."
PUBLICITY AND REPRESENTATIONS
Neighbours notified: 6th June 2012
Site notices posted: 8th June 2012
No objections received, but a number of comments have been made regarding the future use of the library:
26 Johnsville Avenue concerned who will be responsible for the day to day up keep of Hawes Side Library, will it ever be re-used or left derelict? Concerned if left unused it will attract vandals and kids during summer holidays which will have an effect on local residents.
11 Crompton Avenue welcomes these residential properties, after 30 years of youth disruption on these grounds it will be a good thing for the neighbourhood. My only concerns now are the library and grounds which needs to be maintained, at the moment the grass is 2 ft high. Maybe the Council should consider development of this property also.
15 Crompton Avenuedirectly overlooks the site and it is extremely important that this is aesthetically pleasing. At the moment there are 2 large trees on the site will these remain? Also will the perimeter wall remain plus the hedging, who will be responsible for the maintenance. I think it important that the wall remains as this is in keeping with the surrounding area.
3 Burgess Avenue comments that this will be the third time there has been some kind of construction work on the Hawes Side Lane site. I live on the corner of Burgess and Reaney Ave, we have been subjected to the worst thing in construction Dust, Dirt and Noise yet again, also the danger of large vehicles coming and going and having to watch for the safety of the children. I am going to have to keep my windows closed. Not to mention our cars which we have to take care where they are parked, also having to be washed almost everyday. Concerned that no one has ever contacted them enquiring if they are happy with the inconvenience forced upon them, no offer of any compensation for the upheaval they have to put up with, and will have to put up with yet again.
In response, no application for the redevelopment of the library has been submitted for consideration and a Construction Management Plan can be required by condition in order to limit the impact on neighbours.
NATIONAL PLANNING POLICY FRAMEWORK
A core planning principle is to always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Chapter 6 deals with delivering a wide choice of high quality homes and states that there is a presumption in favour of sustainable development. Chapter 7 requires good design and paragraph 58 states that planning decisions should aim to ensure that developments respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation. Paragraph 60 says that it is proper to seek to promote or reinforce local distinctiveness.
The Minister of State for Decentralisation issued a Statement 'Planning for Growth' on the 23rd March 2011 which emphasises the Governments top priority to reform the planning system to promote sustainable economic growth and jobs.
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
LQ1Lifting the quality of design
LQ2Site context
LQ3Layout of streets & spaces
LQ4Building design
LQ8 Energy & Resource Conservation
HN4Windfall sites
HN6 Housing Mix
HN7 Density
BH1 Balanced and Healthy Community
BH3 Residential and Visitor Amenity
BH10 Open space in new housing developments
BH21 Protection of Community Facilities
PO1 Planning Obligations
AS1 General Development Requirements
EMERGING PLANNING POLICY
Following the changes to national planning policy, the announcement regarding the proposed revocation of the North West Regional Spatial Strategy, newly released population data and the representations made on the consultation draft, the Core Strategy Preferred Option (April 2010) has been reviewed. A reworked version of this document, renamed the Local Plan - Part 1 - Core Strategy - Revised Preferred Option, has been out to further consultation, the consultation ended on 21st July 2012. Given the limited stage of development of this document, it is considered that limited weight can be attached to it. However, there are no policies within the emerging Local Plan which would contradict the relevant policies in the adopted Local Plan.
In terms of the Core Strategy Preferred Option (April 2010) the following are the most relevant policies -
Policy S1 - Strategic Direction and Location of Development (now CS1 in the Revised Preferred Option)
Policy S6 - Quality of Place (now CS7)
Policy S7 - Climate Change and Sustainable Development (now CS9)
Policy G4 - Housing Mix, Density and Standards (now CS12)
Policy G9 - Energy Requirements of New Development (now CS9)
Policy G10 - Sustainable Design, Layout and Construction (now CS9)
ASSESSMENT
Principle of the development -Policy BH21 seeks to protect community facilities unless the facility is appropriately replaced or demonstrates that there is no longer a need. The clinic became redundant on the opening of the South Shore Primary Care Centre and was subsequently demolished and the proposal therefore accords with that policy.
Residential amenity -the proposed houses as originally submitted would have had a back to back separation distance of approximately 10 metres, however by relocating the properties closer to the highway, the separation has been increased to 13 metres. This is adequate separation in terms of privacy and light as long as the upstairs rear rooms and window detailing are given careful consideration at Reserved Matters stage. At 5.4 metres to eaves level and a ridge height of 8.1 metres, the proposed houses would not have any significant impact on privacy or light to the occupants of the properties on the surrounding streets. The front to front distances on Burgess Avenue and Crompton Avenue to existing houses are about 20 metres.
Other matters - the amendments to the layout requested by the Head of Transportation have been incorporated in the revised plans. All the properties would now have garages and visitor parking within their own curtilage, apart from one which has no garage, but does have two visitor parking spaces within its curtilage. The development would not therefore add to the congested on-street parking in the area. This is a sustainable location, being in close proximity to the Local Centre at Common Edge Road / Highfield Road, community facilities and bus routes. It is considered that the provision of three bedroomed houses is appropriate in this location and helps contribute towards a more balanced and healthy community. The scale of the development is such that it fits in with the local context and subject to attention in terms of the proposed design (at Reserved Matters stage), it will be in keeping with the character of the area and blend in with the street scene.
The Committee is recommended to defer and delegate the proposal to the Head of Development Management for approval, subject to an appropriate legal agreement as detailed below.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
Policy BH10 sets out that all new housing developments should either physically provide or financially contribute to the full rate of provision of 24 sq.m of open space per person. SPG Note 11, Open Space Provision for New Residential Development and the Funding System, provides more detailed guidance, with the policy applying to all new residential developments of 3 or more dwellings.
Since no open space capable of being utilised as play area has been provided, there is a requirement for the developer to provide the full commuted sum of £8,256 in lieu of open space provision (based on 8 x 3 bed units on the site), to be secured by means of a S106 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. In this instance it is not considered that those rights are compromised.
CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general duty, in all its functions, to have regard to community safety issues as required by section 17 of the Crime and Disorder Act 1998
ADDITIONAL BACKGROUND DOCUMENTS
N/A
Recommended Decision: / Defer for Legal AgreementConditions and Reasons
1. / i. Approval of the following details (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority:Appearance
Landscaping
ii. Applications for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason i and ii: This is an outline planning permission and these conditions are required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended).
2. / The existing dwarf wall shall be retained along all of the boundaries of the site with the footway except where the accesses are required for the proposed properties
Reason: In the interests of appearance of the locality, in accordance with Policy LQ1 of the Blackpool Local Plan 2001-2016.
3. / Notwithstanding condition 2 of this permission, before the premises are first occupied walls or fences of a type and situation as to be agreed in writing by the Local Planning Authority shall be erected and thereafter retained.
Reason: In the interests of the appearance of the locality, in accordance with Policy LQ1 of the Blackpool Local Plan 2001-2016.
4. / Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no enlargement of the dwellings the subject of this permission shall be carried out without the written approval of the Local Planning Authority.
Reason: To safeguard the living conditions of the occupants of the proposed houses and nearby residential premises, in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.
5. / Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) the garages shall not be used for any purpose which would preclude their use for the parking of a motor car.
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.
6. / 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 written approval 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.
7. / No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include and specify the provision to be made for the following;
- dust mitigation measures during the construction period
- control of noise emanating from the site during the construction period
- hours of construction work for the development
- contractors' compounds and other storage arrangements
- enclosure of the development site
- provision for all site operatives, visitors and construction loading, off loading, parking and turning within the site during the construction period
- arrangements during the construction period to minimise the deposit of mud and other similar debris on the adjacent highway, and
- the routeing agreement of construction traffic
Reason; In the interests of the amenities of surrounding residents and to safeguard the character and appearance of the area in accordance with Policies LQ1 and BH3 of the Blackpool Local Plan 2001-2016
8. / Before the development is commenced details of the means of surface water and foul water disposal from the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be implemented as part of the development and shall thereafter be retained as such.
Reason; To ensure that the site is appropriately drained and to safeguard against flooding of surrounding properties in accordance with Policy NE10 of the Blackpool Local Plan 2001-2016
9. / Prior to the development hereby approved being first brought into use the car parking provision shown on the approved 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.
REASONS FOR RECOMMENDED DECISION
1 / The proposal has been considered in relation to Policies LQ1, LQ2, LQ3, LQ4, LQ8, HN4, HN6, HN7, BH3, BH10, BH21, PO1 & AS1 of the Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there are no other material considerations which weigh sufficiently against the proposal such as to warrant refusal.Advice Notes to Developer
1. / Please note this approval relates specifically to the details indicated on the approved plans and documents, and to the requirement to satisfy all conditions of the approval. Any variation from this approval needs to be agreed in writing by the Local Planning Authority prior to works commencing and may require the submission of a revised application. Any works carried out without such written agreement or approval would render the development as unauthorised and liable to legal proceedings.