Flats 4
24 Otago Lane
Glasgow
G12 8PB
13 June 20010
Steve Inch
Executive Director
Development and Regeneration Services
229 George Street
Glasgow
G1 1QU
Re: 10/01128/DC - Proposed development at 65-77 Otago Street & Otago Lane
Dear Mr Inch,
With reference to the development proposal reference 10/01128/DC, I hereby strongly object to the proposed development at 65-77 Otago Street and Otago Lane.
The basis of my objection is in consideration of the following material points:
1. Misrepresentation in official advertisement
2. Neighbour notification
3. Community consultation
4. Impact on residents
5. Loss of light or overshadowing:
6. Overlooking/loss of privacy:
7. Visual amenity:
8. Design, appearance and materials:
9. Prior Planning Consent
10. Noise and disturbance resulting from use
11. Blocks D & E
12. Road access
13. Adequacy of parking
14. Loading & unloading of vehicles
15. Highway safety
16. Traffic generation
17. Viability of site as a car-free development
18. Impact on businesses within Otago Lane
19. Noise from Commercial Premises
20. Loss of trees
21. Destruction of wildlife corridor/green spaces
22. Habitat Report
23. Effect on conservation area
24. High degree of development already taking/having taken place in the immediate area
25. Prevention of crime and disorder
26. Layout and density of building
27. Landscaping
28. Continuing maintenance
29. Proposals in the Design and Access Statement
30. 'Phase 1 Geo-environmental Assessment'
31. Glasgow Urban Design Panel
32. Proposal is not in accordance with City Plan policy principles
1. Misrepresentation in official advertisement
Proportionally a small part of the development is on Otago Street, however, the official advertisement of the development states 'Site at 65-77 Otago Street, Glasgow'. As the majority of the development will be on Otago Lane this misrepresents the true location of the proposed development and would not appear on any searches relating to the development of Otago Lane. This is also reinforced in that all supporting documentation supplied by the developer (eg. Habitat Report, Landscape Report, Geo-environmental Assessment, etc) describe the location of the development as Otago Lane.
2. Neighbour notification
As per my email to Andy Dale on 27 May 2010, a number of the residents/shop owners of Otago Lane and Otago Street did not receive any neighbour notification. The timescale for representations / objections was increased only for the people I alerted DRS to but not for anyone else. I do not have a comprehensive list of those who had not been notified in compliance with your statutory duties, but DRS has neglected to carry out their obligations to ensure that no-one has been missed.
3. Community consultation
While there was consultation with the community, including the Otago Lane Community Association, the sum total of the changes made by the developer during the period of consultation and since the withdrawal of the original planning application (Ref: 09/02171/DC) can be summarised in a few bullet-points
· Block E - reduced a storey. Now 3 storeys.
The building that would be built on top of Tchai-Ovna's door has been reduced from 4 to 3 storeys. This was the block that was intended to have social housing, but there are no longer any plans to have any social housing in the development as this would eat into the profit of the developers.
· Block D - reduced a storey. Now 8 storeys. with the uppermost floor set back from the building line.
The original plans were to be larger than the Unite building on Gibson Street, however, as this was built higher than was approved by DRS, the Otago Lane development has been brought down to reflect the original intent of the Unite building.
· Block D - elevation treatment revised to reflect replanning of building. Now more solid to void ratio.
'Architect speak' for smaller windows.
· Landscaping providing a series of terraces from river to lane. The planted terraces will not be accessible to the public.
This is simply ground treatment to stop the need for a large retaining wall. The treatment of this will however irreparably disturb the green corridor.
· Block A corner reduced to 6 storeys on corner. Roof line now sitting within that of urban block.
The flats at the corner of Otago Street and Otago Lane have been brought down to the same ridge height as the rest of the proposed development
· Block A top floor remodelled to present a pitched roof to Otago Street, with eaves and ridge lines similar to the neighbouring buildings.
There would still be new flats within the attic space of the current Otago Street flats. However, these attic flats will be single-aspect and have no natural light from the Otago Street elevation as there will be no windows in the pitched roof. All natural light will be from the Otago Lane / River Kelvin elevation where there would still be a 'box' style construction.
· Block C top level remodelled to reduce scale to the lane.
Basically no change from what was originally planned other than cosmetic changes
· Block C moved northward to increase width of the lane.
The large circular tower block has been moved forward by 1-metre
· Block C finished floor level lowered to reduce scale to the lane.
The height of the large circular tower block has been reduced by 1-metre
· Remodelled open space with improved wildlife area and residents amenity space.
Cosmetic changes to the amenity space for the potential new residents, not accessible to non-residents of the new development
This is a pitiful amount of changes and concessions to show for 3-months of 'community engagement' which certainly does not take account of any of the significant concerns of the local community. It is clear that the developer has used community engagement, not as an opportunity for meaningful engagement with the local community as intended by the Scottish Government, but as an opportunity to find out the objections that the community will make and to throw money at paid experts in an effort to ‘head off at the pass’ any objections that are too technical, too expensive or would take too long for a community to seek expert advice on during the short period between notice of the application and the deadline for submission of representation or objection. As before, the developer has completely disregarded any material comments from the local community and gone with only the changes that will maximise his profit.
As there are no material differences to the revised proposal, I would also contend that those objections that DRS received in relation to the previous application (Ref: 09/02171/DC) should also be considered as valid against this new application.
4. Impact on residents
In addition to the points I will continue to document, this proposed development will have a very significant negative impact to all of the residents of Otago Lane. My wife and I have lived in Otago Lane for over 15-years and consider this to be our home – not just a house. Both of us have grown-up in this area and have lived here all of our lives. Within Otago Lane there is a true sense of community. We have known most of the residents, shop owners and workers for many years and truly feel part of ‘something special’. This will be irrevocably lost should you decide to allow this development to be approved. Throughout this letter I will mention the many, many material considerations and City Plan policies that I believe make this development untenable, however the true loss will be the loss of a real traditional West End community in its truest sense.
5. Loss of light or overshadowing:
The proposed development is, at its highest point, nine storeys high. This will be across only a narrow lane from the front face of my 1.5-storey mews home. Because of its height, scale and proximity to my home, the proposed development would substantially overshadow my property and significantly reduce the natural light available. In particular, Blocks D&E of the proposal will substantially overshadow, overlook and significantly reduce the natural light in the courtyard garden area at the first floor of the existing mews cottage flats. This will also overshadow the 7 windows (including 5 south facing), 5 main doors (the only access to 4 of the flats) and the communal garden courtyard (Appendices 1, 4&5).
The current pleasant amenity of the courtyard garden would be lost by the construction of blocks D&E. In addition, Block E would cover 2 further windows and 1 main door entry on the East gable end of the mews building, including the only unshaded daylight and sunlight into both Flat 6 and the Tchai-Ovna tearoom, as well as entirely covering the only door entry into the Tchai-Ovna tearoom.
This is materially against the planning policy RES 2 – Residential Layouts:
AIM
To provide high quality residential environments that minimise environmental impacts and create neighbourhoods and buildings that are attractive to live in.
Flatted developments should
· have no adverse impact on existing or proposed neighbours, in terms of overlooking, loss of privacy, daylight, or sunlight.
· not have upper rooms, balconies etc. which directly overlook adjacent private gardens/backcourts.
6. Overlooking/loss of privacy:
As detailed in Point 5, my property would be completely encircled by properties of up to 7 storeys larger than mine. The proposed development would substantially face onto both the front and back of my home and that of my neighbours (as per Point 11 and Appendix 1) and, due to the huge resultant rise in the number of inhabitants, this will result in a total loss of privacy to all of the current flats in Otago Lane. My living room and bedroom face onto Otago Lane and these would be overlooked by many of the new flats across a very narrow lane, again leading to at least a significant reduction if not indeed a total loss of privacy.
7. Visual amenity:
The developer proposes that ‘a good level of visual amenity is to be provided to dwellings housed within the flatted block (at 65-77 Otago Street)’, however, absolutely no provision has been made to provide any level of visual amenity to the current dwellings housed within Otago Lane. This is in addition to the total overshadowing and overlooking of my home and the complete removal of the open aspect to the current properties on Otago Lane, as detailed in Points 5.
8. Design, appearance and materials:
The design, appearance and materials proposed for the development are not in keeping with the local area or with the Glasgow City Council policies relating to development in a conservation area, and are materially against the policies within the City Plan 2, Part 3 – Res 6 - Residential Development in Lanes and Gardens and ‘design standards for mews houses’. In particular:
AIM
To ensure that development in lanes and gardens does not result in overdevelopment and that residential amenity for existing and future residents is of a high quality.
POLICY
The Council will not support residential development of any part of a residential backcourt (see Definition) for new housing.
Proposals for both conversion and new build in lanes and gardens will be considered against the following criteria:
1. RESIDENTIAL DEVELOPMENT IN LANES
Proposals for residential development will require to meet all of the following criteria:
· the established building lines of the lane (see Definition) should be respected;
· access along the lane for residents, refuse lorries and emergency vehicles should not be adversely affected;
· private garden space for clothes drying and sitting out must be provided;
· existing boundary walls with the adjoining backcourt/garden should be retained and repaired with any gaps rebuilt to match;
· the scale and massing should be in the style of mews housing, up to a maximum height of 2-storeys, or 2-storeys with dormers in lanes with no mews houses;
· high quality design and materials require to be used;
· existing formal parking provision for residents of adjacent buildings, which is removed as a result of the development, must be replaced;and
· potential issues of noise and air pollution that could arise in developments between tall tenement blocks should be avoided.
This excerpt of the City Plan 2, Part 3 – Res 6 - Residential Development in Lanes and Gardens (and, in fact, the entire policy) is applicable to this site. The policy clearly states that “Proposals for residential development [in lanes] will require to meet all of the following criteria...”, it is impossible to state that the proposed development meets any of these criteria, never mind all of them.
In their attempt to redefine Otago Lane as not being a lane, the developer has produced a list of arguments, however, this is clearly because they realise that the proposed development would be entirely non-compliant with this policy. They have used the entire consultation process to try to find any excuse that Res 6 should not apply in this case; however, their arguments are ridiculous.
“It is noted that part of the development proposals include Otago Lane; however in order to consider the relevance of this policy it is firstly important to establish ‘what is a lane?’
The City Plan 2 definition of a lane is ‘A narrow street, usually located at the rear of properties. A lane can adjoin boundary walls, rear gardens, hedges or fences on both or one side, or provide access to backcourts and gardens’.”
The context of Otago Lane as being, in fact, a lane is easily established. The land registry holds records of Otago Lane (or Ashfield Lane as it was) as early as 1825. There is no argument of it being narrow, it is only just able to accommodate a refuse lorry with little room to spare, it is at the rear of the tenements on Gibson Street and Otago Street, and provides access to the backcourts and gardens of the tenements on Gibson Street. In every area of the definition Otago Lane easily satisfies the description.
“From this it is established that a lane is generally to the rear (or back) of a property and is subservient to the urban context and block which forms it. When proposing development in a ‘lane’ the historical position, scale and massing of built form is to be considered to ensure that the character of the space is maintained.