Report

R08/0597/RSM

Erection of 5 dwellings (approval of reserved matters against R06/0411/OP) re-submission following refusal of R08/0023/RSM

45 Millfields Avenue, Rugby

Authorised Use

Residential

Relevant decisions

Technical Consultations

Third Party Consultations

Other relevant information

The application site is located at the end of Millfields Avenue which is a narrow cul-de-sac accessed off Kingsley Avenue in Hillmorton. The street scene is generally characterised by traditional semi-detached houses built during the late 1940's. The area to the end of the cul-de-sac is characterised by a circular turning head at the end of the road to the east of which the land levels rise substantially and as a result the properties at the end of the cul-de-sac are bungalows that are raised above the road level. The application site is adjoined to the north by a large detached bungalow with detached single garage with a terraced front garden leading up to the dwelling. To the north east the site is adjoined by No. 54 which forms a two storey semi-detached house. The application site is formed from the gardens of these two properties. The rear garden of No. 45 is mainly flat but stands in the region of 1 - 1.5m higher than the adjoining garden of No. 54 although level with No. 43 and the recreation ground that lies to the east.

Planning Policy Guidance

Determining Considerations

In approving an outline application for 5no. dwellings the principle of residential on this site has been established. This application is looking at the following reserved matters; layout, scale, appearance, access and landscaping. The submitted details show three detached dwellings and a pair of semi detached properties. The access road is in a similar location at to the previously refused scheme and runs between Nos54 and 45 Millfields Road before finishing on the eastern boundary of the site, but the placement of the properties is different. Plots 1-4 are located to the south of the access road with plot 5 being set to the north of the access road opposite plot 4. Plots 1-3 follow the similar linear form to that of the previous application, before plot 4 begins to turn the corner and plots 5 is at right angles to plots 1-3. The garages for plots 1-4 are integral, and plot 5 has a detached garage.

Policy GP1 relates to the appearance and design of development, and states that the development should be in keeping with the scale and form of the surrounding area. The area is characterised by a mixture of house types with the turning head at the end of Millfields Avenue being characterised by low-level bungalow development presumably because of the raised levels of this part of the road. The remainder of the area is generally characterised by two-storey houses the majority of which form semi-detached pairs following the highway.

Although the proposed development by virtue of being a back land development would not follow the character of the existing street scene, the proposed layout is tightly spaced and the Local Planning Authority consider that a more suitable layout could be achieved on the site. However the proposed layout is a vast improvement to the linear development that was previously proposed and the current layout is considered acceptable.

The height of the properties is approximately 7.6 metres, which given the levels difference results in a slightly stepped street scene. The proposed properties have four bedrooms bedrooms. The intention at the outline stage was for 5 small houses possibly within a terrace block and pair of semis and to achieve the proposed numbers and density. Height parameters were not conditioned at the outline stage and the reduction in the height of the proposed dwellings from 9 metres (application that was refused and dismissed at appeal) to 7.6 metres it considered a vast improvement. Furthermore hipped roofs, with projecting gables, canopies and single storey sections all help to break up the mass and bulk of the proposed buildings. The angles of the roof match, which was previously a concern of the Local Planning Authority (when assessing the application that was withdrawn).

In terms of the amenities of occupants of nearby buildings Policy GP3 of the Rugby Borough Local plan states that the amenity of neighbouring residents should be protected, and the amenity on the proposed occupants of the buildings. The greatest impact in likely to be on No45 and No54 Millfields Avenue. No45 is under the control of the applicants and the plot nearest this dwelling (plot 5) has been designed with a single storey element nearest to the shared boundary in order that the impact is reduced. In terms of the impact on No54, again a single storey element has been proposed nearest to this property. There is approximately 12 metres at the closest point between No54 and plot1. This relationship is of concern, particularly given the levels difference. However a garage is under construction in the garden of No54, which is likely to cause some level of enclosure to this property. It is therefore considered that on balance, that the impact on this property is acceptable. It is considered that the level of separation between the houses and gardens to the rear of the application site is acceptable.

The Highway Authority did not object at the outline stage subject to a number of conditions. The Highway Authority initially raised an objection as no off street parking had been shown for No45 and No54 (as required by condition 12 of the outline). As such a revised plan was submitted ROC\387\PD\0098 showing proposals for parking for 45 and 54 Millfields Avenue and a revised access width, larger turning head and slightly revised parking for number 54 Millfields Avenue. No objection has been raised by the Highway Authority based upon this plan subject to conditions. As this is an outline, the majority of the conditions were requested at the outline stage. Two conditions were not requested. These are ‘no new dwelling shall be occupied until pedestrian and vehicular access has been provided to the satisfaction of the Local Planning Authority’ and ‘The development hereby permitted shall not be occupied until the applicant has provided sustainability packs for each household’. As there are a number of conditions on the outline relating to the access, this additional condition is not considered necessary. The condition concerning the sustainability packs is considered necessary as this was not a condition which would have been added at the time the outline was approved, but it is now a standard condition on developments which result in additional units. The Highway Authority have asked for a number of informatives, which can be added.

Policy T5 relates to parking facilities. The site is within the low access where for 4 bed units that parking standard is a maximum of 3 spaces per unit. The proposed dwellings have two parking spaces (although in reality plots 4 and 5 could accommodate three or perhaps four). The parking is consistent with T5 for properties of this size and in this location. The parking standards would also require cycle parking to be provided, this could be accommodated within the garages which is acceptable.

In terms of landscaping and trees, at the outline stage an Ash tree in the south-west corner of the garden at No54 was the only tree worthy of protection. A condition on the outline requires this tree to be protected during construction. Many of the trees/shrubs on the site have been felled. The Council’s Environment Officer has commented further on the current application and is concerned about the proximity of the proposed dwellings to the trees on the southern boarder of the site (including the Ash tree). With regard to the Ash that was highlighted as worthy of retention, plot 1 is proposed in close proximity to this tree. The Environment Officer does not consider the location of plot 1 to this Ash tree is sustainable, and believes that it is likely that at some point, if the houses were built in the proposed locations that this Ash tree would need to be removed. However none of the trees are considered worthy of a Tree Preservation Order despite them as a group creating a good ‘green buffer’. Given that the other trees were not highlighted as worthy of retention at the outline stage, whilst regrettable, it is not considered that the proposal could be refused due to the impact of the development on these trees. The proposed landscaping is considered acceptable.

In addition concerns have been raised concerning the hedge on the eastern boundary of the site. This is a valuable mature mixed hedge consisting of Ash, Hawthorne, Hazel and Elder. The Council’s Environment Officer considers that this is an extremely important landscape and wildlife feature and is very visible to the general public from the adjacent playing field. This hedge is not protected in its own right and the Environment Officer believes this could be a Council owned hedge, but the hedge is so overgrown this is not clear. This revised scheme shows buildings further from this hedgerow, which is considered to be positive.

It does not appear that this development would affect the footpath, which lies outside of the application site and as such the Warwickshire County Council Footpaths have no objection.

Given the large size of the dwelling, it is considered necessary to remove permitted development rights.

Recommendations

Approve the following (letter generated):

Conditions 3

a) The layout of the development on the site.

b)The siting, size, height, design and external appearance of the proposed buildings (excluding facing materials to be used on all external surfaces).

c) The formation of any means of access to the site.

d) The landscaping of the site.

Subject to an additional condition regarding sustainability packs and further informatives.

Prepared by: Eilish Donovan 20/05/08

Checked by: G S Vigars 28/05/08

Report Sheet