Item No.
Application No:
P/03/3780/2
Application Type:
Applicant:
Proposal:
Location:
Parish:
Case Officer:
Full
Date Valid: 23rd December 2003
Raglan Housing Association
Erection of 10 dwellings.
Former playing field, 91 - 97 Boundary Road, Mountsorrel
Mountsorrel
Mountsorrel Ward
Ward:
Mr D Watson
01509 634770
Tel No:
Description of the Application
The development comprises the erection of 10 two-storey 2 and 3-bedroom houses. 13 car
parking spaces are proposed in shared parking areas.
The site is a small playing field on the south side of Boundary Road between Nos. 91 and 97.
The surrounding area is predominantly residential in character comprising two-storey
dwellings of a mix of ages and styles. The south and west boundaries of the site adjoin the
rear gardens of houses on Castle Road and Rockhill Drive, and the north and east
boundaries adjoin the side boundaries of Nos. 91 and 97 Boundary Road. The site, and
surrounding land, is flat and is enclosed by metal palisade fencing.
Development Plan Policies and other material considerations
•
Development Plan Policies
Leicestershire Structure Plan
Environment Policy 1: seeks to maintain and improve the quality of the built environment.
Transport Policy 6: has a presumption in favour of development where adequate provision is
made for parking.
Housing Policy 5: requires housing development to take place at as high a density as is
compatible with the site, its location and the general character of the area.
Borough of Charnwood Local Plan (adopted 12th January 2004)
EV/1: seeks to ensure a high standard of design in all new developments.
H/16: requires all new housing developments to achieve high standards of design and layout
and sets out a number of criteria to be met.
RT/3, RT/4 and RT/5: sets out the requirements for play space, youth/adult play and amenity
open space in new development.
RT/7: has a presumption against proposals for the development of land or buildings currently
or last in use for recreational purposes unless one of a number of criteria can be met and
provided significant trees, open spaces or other features important in defining the amenity of
the locality would be lost.
TR/6: seeks to ensure development is acceptable in terms of its impact on the existing
highway network.
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TR/18: has a presumption against development unless off-street parking for vehicles,
including cycles, and servicing arrangements are included to secure highway safety and
minimise harm to visual and local amenities.
•
Emerging Structure and Local Plan Policies
Leicestershire, Leicester and Rutland Structure Plan (as proposed to be adopted)
Strategy Policy 10: promotes good design
Leisure Policy 3: seeks to protect land or buildings in recreation use unless one of its’ three
criteria can be met.
Housing Policy 5: requires housing development to be of a type and design to achieve as high
a net density as possible taking account of criteria relating to accessibility, design and layout,
provision of a mix of housing types, and landscaping requirements.
Relevant Planning History
Outline planning permission for residential development was granted in September 1998 (ref
P/98/01381/2).
Responses of Statutory Consultees
Mountsorrel Parish Council: no objection.
Leicestershire County Council (Highways): recommend approval subject to conditions.
Other Comments Received
Two letters of representation have been received from the occupiers of 34 Castle Road
raising objections on the grounds of:
• lack of facilities within the village
• increased traffic
• loss of play space
• they will have the side view of a house directly at the top of their garden.
Leicestershire County Council (Developer Contributions): recommend a contribution is
sought towards the cost of additional pupil places at the high and upper schools which would
serve the development but which are currently full.
Consideration of the Planning Issues
Design and Layout
The density proposed (37 dwelling per hectare) is acceptable, making good use of the site
while not being out of character with the area. The shape and context of the site is such
that the development is relatively standard in terms of its layout and the design of the
dwellings themselves. Nevertheless it will respect the character and appearance of the
streetscene and is, on balance, considered acceptable.
The relationship of the proposed development with existing dwellings adjacent to the site is
considered acceptable, in terms of privacy, outlook, daylight and sunlight, and will not result
in any material harm to the living conditions of their occupiers. While the concerns raised
by the occupiers of 34 Castle Road are noted, there will not be a house at the top of their
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garden, as they suggest, as their rear boundary will adjoin part of the rear garden of one of
the new dwellings. The gable end walls of some of the dwellings will be adjacent to the rear
and side boundaries of some existing dwellings on Castle Road and Boundary Road, but the
separation distance proposed is considered acceptable.
Loss of playing field
This has been accepted previously as an exception to normal circumstance by virtue of the
outline planning permission granted in September 1998. Although this permission has now
expired, alternative play equipment has already been provided at the playing fields at
Halstead Road, Mountsorrel, as that previously on the site was in a dangerous condition.
There are issues relating to vandalism and general antisocial behaviour causing problems for
surrounding residents. These were set out in the 1998 report to committee, when it was
also noted that, by virtue of its shape and size, the land is not conducive to use for formal
playing fields. The proposal is, therefore, considered acceptable in terms of policy RT/7 and
Leisure Policy 3.
Traffic and Parking
The level of parking at 130% is quite low considering the type of dwellings proposed but it
accords with the general Government advice in relevant PPGs and the Highway Authority
feel refusal on these grounds could not be justified. Concerns regarding traffic generation
have been raised in the objections but, given the size of the development, any increase is
considered unlikely to be material and the Highway Authority has not raised this as an issue.
Other issues
The developers have indicated that they are willing to enter into a planning obligation with
regard to the offsite provision of youth/adult play, and towards education provision. A
contribution towards the provision of children’s play facilities is not being sought in this case
as alternative facilities have already been provided elsewhere in the locality following the
removal of the play equipment on the site which had become dangerous, by the Parish
Council.
Conclusion
The proposed development is considered acceptable in terms of the relevant development
plan policies noted above.
RECOMMENDATIONS
1. That authority be given to the Assistant Chief Executive (Risk Management) to enter
into an agreement under Section 106 of the Town and Country Planning Act 1990
to secure the following contributions:
•
£4,000 towards the provision or improvement of youth and adult play facilities in
the locality;
• £23,302 towards education provision in the locality.
2. That the Head of Planning Services be authorised to grant planning permission
following the completion of the Section 106 Agreement, subject to the following
conditions:
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Grant Conditionally - Recommendation - subject to the following conditions:
1 - The development, hereby permitted, shall be begun not later than 5 years from the
date of this permission.
REASON: To comply with the requirements of Section 91 of the Town and Country
Planning Act, 1990.
2 - No materials shall be placed on the site until such time as samples of the facing
bricks and any other materials to be used on the external walls and of the roofing
slates, tiles and any other materials have been submitted for the agreement of the local
planning authority. Only materials agreed in writing by the local planning authority
shall be used in carrying out the development.
REASON: To make sure that the appearance of the completed development is
satisfactory.
3 - No development, including site works, shall begin until a landscaping scheme, to
include those details specified below, has been submitted to and agreed in writing by
the local planning authority:
i) the treatment proposed for all ground surfaces, including hard areas;
ii) full details of tree planting;
iii) planting schedules, noting the species, sizes, numbers and densities of plants;
iv) finished levels or contours;
REASON: To make sure that a satisfactory landscaping scheme for the development
is agreed.
4 - The landscaping scheme shall be fully completed, in accordance with the details
agreed under the terms of the above condition, in the first planting and seeding
seasons following the first occupation of any part of the development or in accordance
with a programme previously agreed in writing by the local planning authority. Any
trees or plants removed, dying, being severely damaged or becoming seriously
diseased, within 5 years of planting shall be replaced in the following planting season
by trees or plants of a size and species similar to those originally required to be
planted.
REASON: To make sure that the appearance of the completed development is
satisfactory and to help assimilate the development into its surroundings.
5 - None of the dwellings shall be occupied until such time as the until the fencing to
the individual plot boundaries and the fencing and brick walls to the site boundaries as
indicated on the site layout plan has been erected.
REASON: To ensure that the appearance of the development is satisfactory and to
provide a satisfactory level of privacy for the occupiers of the new and existing
dwellings.
6 - None of the dwellings shall be occupied until such time as:
i) the vehicle access has been provided in accordance with the approved drawings and
hard surfaced; and
ii) the parking facilities shown on the approved drawings have been provided, hard
surfaced using materials details of which shall have first been submitted to and
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approved in writing by the local planning authority, and the individual spaces have
been delineated.
REASON: To ensure satisfactory access and parking facilities are provided, and to
ensure that the appearance of the development is satisfactory.
7 - Once provided, the parking facilities and turning areas shall be kept available for
use as such at all times.
REASON: To ensure satisfactory parking and turning facilities are maintained.
8 - Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995 or any order revoking or re-enacting that Order,
with or without modifications, no openings or windows shall be inserted in the north
facing elevation of the dwelling adjacent to the rear boundary of 91 Boundary Road
and the west facing elevation of the dwelling adjacent to the rear boundary of 30
Castle Road, at either first floor or roof level.
REASON: To prevent undue overlooking of nearby dwellings, in the interests of the
privacy of their occupiers.
Informatives
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DEVELOPMENT PLAN POLICIES RELEVANT TO THIS DEVELOPMENT
Environment Policy 1, Transport Policy 6 and Housing Policy 5 of the Leicestershire
Structure Plan and policies EV/1, H/16, RT/3, RT/4, RT/5, RT/7, TR/6 and TR/18 of
the Borough of Charnwood Local Plan (adopted 12th January 2004) have been taken
into account in the determination of this application. The proposed development
complies with the requirements of these development plan policies and there are no
other material considerations which are of significant weight in reaching a decision on
this application.
2
Planning permission has been granted for this development because the Council has
determined that, although representations have been received against the proposal, it
is generally in accord with the terms of the above-mentioned policies and, otherwise,
no harm would arise such as to warrant the refusal of planning permission.
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The Highway Authority advises that the access road serving the site cannot be
provided to adoptable standards due to the narrow width of the frontage to Boundary
Road. Therefore, this shared access drive shall remain private and will not be
considered for adoption by the Highway Authority. Its future maintenance shall be
covered by a suitable maintenance agreement and signs should be erected at the
entrance to the site stating the drive is private with no highway rights over it. Also
clauses should be entered into the deeds of properties advising the status of the shared
drive and future private maintenance liabilities.
4
The Highway Authority states that
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i) the vehicle access from Boundary Road shall have a minimum width of 5 metres
with 0.5 metre clear margins on each side for a minimum distance of 10 metres
behind the highway boundary, and shall have minimum radii of 5 metres at its
junction with Boundary Road; and
ii) 2 metre by 2 metre pedestrian visibility splays shall be provided on each side of the
vehicle access, within land under the applicant's control. These splays shall be
cleared of any obstruction that exceeds a height of 0.6 metres above the level of the
adjacent footway before the development commences and thereafter shall be
permanently so maintained.
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All works within the limits of the highway with regard to access shall be carried out to
the satisfaction of the County Council's Northern Area Highway Manager on 0800
626203.
6
The Highway Authority advises that drainage must be provided within the site so that
surface water does not drain into the public highway from any private driveways or
other hard surfaces, in the interests of highway safety.
7
This permission has been granted following the conclusion of an agreement under
Section 106 of the Town & Country Planning Act 1990.
8
This decision relates to the following drawings: .........................................
9
This decision notice includes a condition or conditions which require something to be
done before any work starts on site. Unless such conditions are fully complied with,
the development carried out may be unlawful and could be the subject of enforcement
action. Anyone implementing this permission should pay special attention to such
conditions and make sure that there is full compliance with their requirements before
any development starts on site.
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