APPLICATION NO: WP/15/00854/FUL
16th March 2016
Alterations and extension to the existing Public House to form 6 dwellings (6
affordable) and the erection of 9 new dwellings with access and parking
THE NEW INN PH, 498 LITTLEMOOR ROAD, WEYMOUTH
Laroka Ash Ltd
Case Officer: Darren Rogers
FOR DECISION
1. SUMMARY RECOMMENDATION
1.1
Delegate authority to the Head of Planning (Development Management and
Building Control) for the issue of a conditional outline approval following an
agreement under Section 106 of the Town and Country Planning Act concerning
a) the provision of 6 dwellings as affordable housing
b) a financial contribution of £25650 towards additional equipment at Louviers Road
magnet play area to the east of the site as per Policy COM1 of the adopted Local
Plan;
c) an Education financial contribution of £28,172
and subject to conditions.
2. PROPOSAL
2.1
The applicant has submitted a Design and Access Statement which explains
the proposal thus:
Summary
Site Area
• The area of the site is 0.27 hectares.
Public Open Space
• Existing area of open space at frontage to pub to be retained and improved.
• Retention of some existing trees.
• All units to have an area of open space. Houses to have individual gardens.
Residential
• Provision of C3 residential units with a mix of unit types from 2 bed up to 4 bed units.
Amount
• 15 residential dwellings - comprising:
• Conversion of the retained New Inn building into 4 affordable dwellings.
• Additional ‘wing’ added to eastern end of pub containing 2 dwellings
• Construction in the existing car park and inn garden of 9 dwellings in two terraces
Scale
• A mix of 2.5 and 2 storey buildings of a scale suitable for the surrounding existing
residential units.
• Units adjacent to northern boundary step down to 2 storeys.
Access
• Main entrance via old entrance to public house car park.
Appearance and Materials
• Building designs relate to the setting and make reference to Local Identity
The Site is located along the Littlemoor Road. It is currently a Pub which is now
closed for business and the brewery has sold the site to the applicant. The pub
building that faces the Littlemoor Road had the form and scale of a row of cottages,
and over the years these have been extended on the north side with a rather messy
collection of extensions and out buildings to provide additional space for the pub.
The existing pub building is in a dilapidated state and requires extensive renovation
in order to make it appropriate for habitation.
Houses in the local area represent a multitude of styles ranging from Victorian to
early C20th examples. These pages split the local examples into pre and post WWII.
The examples shown on this page all pre-date WWII, with many having typical
Victorian detailing with large pane sash windows, bay windows and some elaborate
brick coursing and ridge or gable details. These houses are predominantly red or
buff brick, with contrasting patterned coursing. Some terraced units are finished in
stone. A number of houses in this area also draw on Georgian influences with
symmetrical fenestration and multi-pane sash windows. They have classically hipped
roofs with symmetrical chimney placement. These are more typically stone and
some render with brick or stone quoins.
The examples shown on this page are all post WWII properties, and are mostly
located opposite the site across Littlemoor Road. The buildings within these
locations are predominantly terraced or semi-detached houses, with some
bungalows, and of varying styles. They are mostly constructed of dark red or multi
brick, with some buff multi brick with contrasting uPVC boarding. Half brick/half
render units can be found in the 1990s developments surrounding the site some with
tudor style detailing and brick quoins. Half brick/half stone houses can be found in
the 1980s developments and have some boarding detail between fenestration.
Modern examples from the early C21st look to recreate the Victorian style, with red
brick and contrasting colour patterned coursing.
Design Concept
The following drawings explain the urban design approach and the massing and
scale of the proposal:
1. The main existing pub building comprises a 15m long façade facing onto the
Littlemoor Road. The scale and form is consistent with the other adjoining cottages
which also face towards the main street.
2. The proposal will require the removal of all the later wings and extensions at the
rear and stripping the buildings back to the original cottage scale structure. This is
discernible on the measured survey drawings. The existing main vehicular access
from the Littlemoor Road and the existing front gardens with their railings and gate
posts will be retained.
3. Converting the retained buildings to meet the space standards appropriate for new
dwellings will require the rear elevation to be rebuilt whilst the front elevation will be
restored.
4. As the front gardens are so long and face south it is envisaged that they will be
planted and be used as amenity space. The fronts will be enclosed with a low stone
wall / railings.
5. The rear of the site will be developed to provide 9 new family houses with
gardens, arranged around a paved courtyard in the manner of a traditional Inn Yard
hostelry.
Proposed layout
Proposed Site Plan
This section of the document describes the siting, scale and appearance. Parameter
plans explain technical issues such as car parking, refuse collection, tracking and
vehicular movement.
Proposed Layout
The existing vehicular access into the site from Littlemoor Road will be retained and
the former New Inn will be retained and converted into 4 flats.
Two additional flats will be provided in a new 2 storey bay that sits at the eastern end
of the retained pub building. The rear land to the pub will be levelled and two
terraces arranged north / south each comprising 4 and 5 houses respectively will be
arranged around a block paved central courtyard or ‘Inn Yard’. This arrangement
overcomes any difficulties of overlooking the neighbouring properties as the gardens
of the new houses will be backing onto them.
The proposed footprints are narrow in width and have the linear and simple footprint
of traditional buildings in the area. Additional floor space will be created by using rear
ground floor wings or add ons.
Proximity to Neighbouring Properties
The new houses are arranged so that their back gardens back onto the existing
neighbouring gardens to the east and west. The gardens of plot 7, 8, 9 and 10 will be
10.0m (32ft) from the existing western boundary wall at ground floor and 12.0m (40ft)
at first floor.
The gardens of plot 11, 12, 13, 14 and 15 will be 8.5m (27ft) from the existing
eastern boundary wall at ground floor and first floor. At the north end of the site
where they are in proximity to the existing bungalows in Firecrest Close the new
houses will be set back by 10ft and separated from the boundary by single storey
garages. The garage will be 3ft or 1.0m from the existing boundary.
Built Form
The form of the new terraces will reflect the simple traditional cottages seen in the
area with a linear straight eaves line and a simple straight roof line. The front doors
will be accentuated with simple flat roofed canopies with curved corbel brackets.
Traditional style ginnels or passageways between the houses will give access to the
front from the rear gardens of the middle terrace houses. Both rows of terraces will
be hip ended to reduce the visual impact and overshadowing on neighbours with
shallow pitch roofs of 35 degrees. The flats that adjoin the existing retained building
facing the road will be 2 storeys in height and finished with a hip end. This will
provide a turned end that will frame the entrance into the site.
Existing Buildings
The proposal is to retain the main façade of the original inn building that basically
resembles a terrace of cottages. The existing front entrance porch, path, gateway
and railings will also be retained and new railings built to enclose the front of plots 1
& 2.
Due to the poor internal condition and history of structural alteration the interior will
need to be gutted and new internal walls inserted to create the new 1BR flats. The
rear facade will be rebuilt to a new alignment set back from the neighbouring building
line and a considerable way back from the line of the current extensions and
outbuildings which are to be demolished.
The existing vaulted cellar will be retained and re-used for storage only. The ground
floor level will remain as it is, but due to the extremely low existing ground floor
ceiling height the first floor will be raised by 300mm. This will require the first floor
rooms to extend into the roof with sloping ceilings – so that he existing eaves height
can stay as it is.
Uses and Amount
The proposal will comprise 15 new C3 category residential units
STOREY HEIGHTS
The existing buildings are all 2 storeys above ground. The new buildings will be a
mix of 2 and 2½ storeys high. The 2½ storey units utilise the roof space which is lit
with dormers and conservation style roof lights, and step down to 2 storeys at the
north boundary.
Parking
Each plot will be provided with a minimum of 2 spaces with 1 garage / car port space
and one surface space. In addition a parking opportunities will be provided at the
rear for the three existing houses (nos 488, 490 and 492) that currently use the pub
car park. There will be a mix of parking solutions, on plot and a small paring court
that will include some car ports. There will also be space for up to 5 unallocated
visitor spaces. The sizing of the car parking bays complies with the stipulations of
Dorset County Highways with 2.4m end bays and 2.8m intermediate parking bays
and a 0.5m overhang at the rear of the backing out area. The parking bays have
been tracked to prove vehicular movement and turning.
LANDSCAPING/ECOLOGY
The existing site is clear of trees and there are no hedgerows or shrubs to be
retained. New landscaping and tree planting will be provided as indicated. The flats
will be provided with a large area of enclosed open south facing space in what was
the large set back front garden facing Littlemoor Road. The new houses will be
provided with private rear gardens. The layout creates space for tree planting within
the public realm of the courtyard. Bird boxes will be provided within the private
gardens and on buildings
AFFORDABLE HOUSING
The proposal includes 4 affordable for rent units which is 27% of the total number of
units within the scheme. NB Scheme now amended to 6 Units (40%)
VEHICULAR MOVEMENT
The layout has been prepared to ensure safe vehicle access and egress, and to
facilitate easy vehicular movement within the site. The site layout will allow a large
refuse vehicle and an emergency vehicle to enter the site, turn and leave in a
forward gear.
REFUSE COLLECTION
The refuse collection strategy complies with Building Regulations 2010 Approved
Document H 2015 edition. The bin collection points are all within the maximum
distance of 10m from the stopping point of the refuse truck.
EXISTING INN BUILDING
The façade and roofline of the existing Inn building facing Littlemoor Road will be
retained. The interior will be gutted and new internal walls provided in a way that
retains the function of the retained sliding sash windows on the front façade, and a
new stair provided in a central position that utilises the existing front door and porch.
A new rear elevation will be constructed with new window openings and the new
stair will give access to the brick vaulted cellar which can be used for storage. At the
eastern end a new 2 storey bay will be built that contains
2 new 1BR flats. This bay will reduce the width of the existing road way and car park,
narrowing the gap to number 492 and therefore improving the streetscene. The
proposal is to detail the elevation of this bay so that it matches the appearance of the
retained façade.
Materials and Details
Walls
Painted rubble walls to be cleaned and painted. New bay in off white render
East facing facade of new bay to be reconstituted stone. Rear facade in off white
render.
Roofs
Grey reconstituted slate roof tiles to match existing roof. Red colour ridge and hip
tiles. Black PVCu rainwater gutters and downpipes.
Facades
Black painted concrete or slate window cills. Refurbished existing sliding sash
windows or replacements of matching appearance and colour. Windows in south and
east facade of new bay to match existing. Windows in north facade to be PVCu
casements. Black raised surrounds will frame the ground floor windows.
Black pre-finished doors.
THE WEST TERRACE
The West Terrace
Plots 7 to 9 houses will be 2½ storey with a lower 2 storey house (Plot 10) at the
north end. These houses will have a traditional appearance with openings of a
similar appearance to those on the old inn building with slate black cills. They will
have simple flat roofed door canopies with corbelled brackets which will be finished
in black. A central passage way or ginnel will be picked out in cast stone. The south
facing wall of plot 7 will include side windows to avoid a blank façade and to provide
natural surveillance.
APPEARANCE - THE WEST TERRACE
Materials and Details
Walls
All walls to be reconstituted rubble stone. Cast stone lintels over windows and red
brick surrounds. Stepped out cast stone plinth detail up to DPC level.
Roofs
Grey reconstituted slate roof tiles to match existing roof. Red colour ridge and hip
tiles. Black PVCu rainwater gutters and stone colour grey PVCU downpipes.
Black PVCu/GRP fascias and soffits.
Facades
Black painted concrete or slate window cills. WIndows to be white PVCu casements.
Black pre-finished doors.
The East Terrace
Plots 11 to 15 that comprise the east wing will be rendered in the manner of a simple
row of workers cottages. They will all be 2 storey with minimal 75mm deep cast
stone lintels on the ground floor and a straight eaves and ridge. They will also
include a ginnel or central passageway but this will be finished with a simple 3 point
arch.
The south facing end elevation that faces towards the Littlemoor Road entrance will
be finished in re-constituted stone, a feature that is often seen on older properties in
the proximity- the front wall in render and the side walls left in stone. This will match
up with the stone flank of plots 1&2 and the wall that encloses the parking spaces.
Appearance - The East Terrace
Materials and Details
Walls Walls in off white render.
South wall in reconstituted stone.
Cast stone lintels over windows.
Black brick, black pointed brick plinth up to DPC level.
Roofs
Grey reconstituted slate roof tiles to match existing roof.
Red colour ridge and hip tiles.
Black PVCu rainwater gutters and off-white colour
PVCU downpipes.
Black PVCu/GRP fascias and soffits.
Facades
Black painted concrete or slate window cills.
Windows to be white uPVC casements.
Black pre-finished front doors.
Simple flat roofed door canopies with corbelled
brackets finished in white. a
Secure by Design
The reduction in opportunities for crime through the design of the proposed
development is a key element in creating a secure sense of place. The layout is
designed to create natural surveillance and sense of ownership of private areas for
householders by the use of a clearly defined block structure. The aim will be to
ensure that every part of the scheme is easily identified as either being public or
private space.
The development has been designed to address the key principles, highlighted
within the guidance literature for ‘Secured by Design’ Layout and Design as follows:
• Defensible Space - All houses have a private garden;
• Appropriate Permeability - No rat runs;
• Natural Surveillance – Houses turned to face onto the public realm and the main
street;
• Car Parking – Garages and dedicated surface spaces are provided; and
• Lighting –wall or bollard lighting to the private courtyard.
Well designed, attractive, clearly defined and well maintained environments are likely
to be a source of pride for residents. This means that a sense of ownership and
responsibility is present which discourages crime. The development of the site will
provide an environment where all public areas are well managed.
The proposals respond to Secured by Design criteria, including the creation of active
frontages as follows:
• Houses are to be arranged to address the street or individual spaces and to give
positive enclosure to these areas so they are overlooked and create a sense of
ownership;
• Both vehicular and pedestrian entrances are ‘policed’ by gateway buildings, which
overlook these spaces;
Care has been taken to promote active frontages on street corners, with overlooking
windows to gable ends; and
• The scheme provides a clear definition between public and private areas that are
secure and well defined.
Accessibility
The proposals are designed to achieve reasonably accessible homes and play
space by providing an environment which is designed to ensure proper access for
disabled or ambulant disabled persons in accordance with Part L of the Building
Regulations. This will include the consideration of the following:
• A level principle access for dwellings;
• Properly designed sanitary facilities to be adaptable for disabled building users;
• Stairs and ramps designed to suit the requirements of ambulant disabled people;
• Properly considered signage and access doors;
• Subject to topography constraints, the provision of parking bays in locations
convenient for level access to dwellings;
and
• Appropriate movement space and turning circles for wheelchair accessibility in
accordance with Building Regulation requirements.
Sustainability and Environmental Performance
The proposal is viable, realistic and in accordance with the principles outlined within
policy ENV13 of the Weymouth and Portland Adopted Local Plan 2005.
The buildings will attain the code level in line with current Building Regulation
requirements utilising a fabric first approach. Local Authority policies do not appear
to require a reduction in carbon emissions by using renewables and there is
therefore no indication of PV or solar thermal panels within the scheme.
Conclusion
In conclusion, this Design and Access Statement has been submitted in support of a
planning application for 15 units comprising the following:
• 11 open market houses, all with gardens and at least a single parking space.
• 4 affordable for rent flats. Located within the retained and converted New Inn pub.
• Retention, subdivision and conversion of former New Inn public house.
• Area of informal open space fronting Littlemoor Road to be retained and re-utilised
as Public Open Space.
• Associated landscaping throughout.
The existing New Inn pub is derelict, in need of conversion and in its present state,
being used by individuals causing social disturbance. The proposals put forward in
this application propose a new use for this brownfield site. The layout is based on
strong urban design principles, ensuring that spaces will be safe, easy to use and
buildings that will be immediately recognisable by residents and visitors as being part
of the area. The design ensures maximum possible sustainable and efficient
development of the land and is planned to minimise
imposed burdens on local ecosystems and promote environmentally friendly activity.
Design of the public realm creates a sense of place that reinforces civic pride and
promotes a community spirit.
3. RELEVANT PLANNING HISTORY
Application No.
WP/15/00314/PRE
Proposal
Pre-Application
consultation - alterations
and extension to public
house to form 4 dwellings,
erection of 2 1/2 storey
terrace of 3 dwellings and 2
Decision
Favourable reply given in
principle
storey terrace of 3
dwellings with access and
parking provisions
3.1 Other applications refer to extensions to the former public house
4. POLICY CONSIDERATIONS
West Dorset, Weymouth & Portland Local Plan (adopted October 2015)
As far as this application is concerned the following policies are considered to be
relevant :
SUS2.
Distribution Of Development
ii) Within the defined development boundaries residential, employment and other
development to meet the needs of the local area will normally be permitted
ENV1 – Landscape, seascape and sites of geological interest.
The plan areas exceptional landscapes and seascapes will be protected. Development
which would harm the character, special qualities or natural beauty of the AONB or heritage
coast will not be permitted.
ENV 2.
Wildlife And Habitats – Internationally designated sites will be safeguarded
from development that could adversely affect them.
ENV5.- Flood Risk
ENV10 - The landscape and townscape setting.
All development should contribute positively to the maintenance and enhancement of local
identity and distinctiveness. Development should be informed by the character of the site
and its surroundings.
ENV 11.
The Pattern Of Streets And Spaces – development should be well
defined, safe and pleasant to use.
ENV 12 – The design and positioning of buildings.
Development will achieve a high quality of design, it will only be permitted where the siting,
alignment, design, scale, mass and materials used compliments and respects the character
of the surrounding area or would actively improve legibility or reinforce the sense of place.
ENV 15 – Efficient and appropriate use of land.
Development should optimise the potential of the site subject to the limitations inherent in the
site and impact on local character.
ENV 16 – Amenity
Proposal for development should be designed to minimise their impact on the amenity and
quiet enjoyment of both existing and potential residents.
HOUS1 – Affordable Housing – Where open market housing is proposed a 35%
contribution should be sought on site or an off site contribution made.
HOUS 3 – Open market housing mix
Where possible, residential development should include a mix in the size, type and
affordability of dwellings proposed taking into account the current range of house types and
sizes and likely demand in that locality.
COM1.
Making Sure New Development Makes Suitable Provision For
Community Infrastructure
i) Where new development will generate a need for new or improved community
infrastructure, and this need is not met through the Community Infrastructure Levy, suitable
provision should be made on-site in larger developments or, if not practicable to do so, by
means of a financial contribution. The provision should be appropriate to the scale and
needs of the development having regard to:
•
existing facilities in the area, including the quantity and quality of provision;
•
the economic viability and the need for the development;
•
the ongoing maintenance requirements.
ii) Community infrastructure will be phased to come forward in advance of, or at the same
time as the development when negotiated through planning obligations. When delivered
through the Community Infrastructure Levy, such provision will be expected to take place as
soon as reasonably practicable after the funds are collected.
iii) Contributions will not be sought from new community facilities or affordable housing,
with the exception of site-specific measures necessary to make that development acceptable
COM3.
THE RETENTION OF LOCAL COMMUNITY BUILDINGS AND
STRUCTURES - Planning permission for proposals, including change of use, which result
in the loss of local community buildings or structures (including sites which were most
recently used for this purpose where the use has ceased or the building has been
demolished), will not be permitted unless:
•
it can been demonstrated that there is no local need for the facility or that such a facility
is no longer likely to be viable; and
•
an appropriate alternative community use to meet local needs is not needed or likely to
be viable
COM 7.- Creating A Safe And Efficient Transport Network – Development should not
have a severe detrimental effect on road safety.
COM 9 – Parking standards in new development –Parking and cycle parking should be
provided in association with new residential development.
The Provision Of Utilities Service Infrastructure – Development will not be
permitted where problems associated with the lack of necessary utilities service
infrastructure cannot be overcome.
COM 10.
Supplementary Planning Guidance
Supplementary Planning Guidance 3 Urban Design
National Planning Policy Framework (2012)
Part 6: Delivering a wide choice of high quality homes
Para 49 - Housing applications should be considered in the context of the
presumption in favour of sustainable development. Relevant policies for the supply of
housing should not be considered up-to-date if the local planning authority cannot
demonstrate a five-year supply of deliverable housing sites.
Para 50. To deliver a wide choice of high quality homes, widen opportunities for
home ownership and create sustainable, inclusive and mixed communities, local
planning authorities should:●●plan for a mix of housing based on current and future
demographic trends, market trends and the needs of different groups in the
community (such as, but not limited to, families with children, older people, people
with disabilities, service families and people wishing to build their own homes);
●●identify the size, type, tenure and range of housing that is required in particular
locations, reflecting local demand; and
●●where they have identified that affordable housing is needed, set policies for
meeting this need on site, unless off-site provision or a financial contribution of
broadly equivalent value can be robustly justified (for example to improve or make
more effective use of the existing housing stock) and the agreed approach
contributes to the objective of creating mixed and balanced communities. Such
policies should be sufficiently flexible to take account of changing market conditions
over time.
Para 51. Local planning authorities should identify and bring back into residential use
empty housing and buildings in line with local housing and empty homes strategies
and, where appropriate, acquire properties under compulsory purchase powers.
They should normally approve planning applications for change to residential use
and any associated development from commercial buildings (currently in the B use
classes) where there is an identified need for additional housing in that area,
provided that there are not strong economic reasons why such development would
be inappropriate.
Part 7: Requiring good design
Para 56 - The Government attaches great importance to the design of the built
environment. Good design is a key aspect of sustainable development, is indivisible
from good planning, and should contribute positively to making places better for
people.
Para 57 - It is important to plan positively for the achievement of high quality and
inclusive design for all development, including individual buildings, public and private
spaces and wider area development schemes.
Para 60 –Planning Policies and decisions should to attempt to impose architectural
styles or particular tastes and they should not stifle innovation, originality or initiative
through unsubstantiated requirements to conform to certain development forms or
styles. It is however proper to seek to promote or reinforce local distinctiveness.
Part 8. Promoting healthy communities
70. To deliver the social, recreational and cultural facilities and services the
community needs, planning policies and decisions should:
●●plan positively for the provision and use of shared space, community facilities
(such as local shops, meeting places, sports venues, cultural buildings, public
houses and places of worship) and other local services to enhance the sustainability
of communities and residential environments;
●●guard against the unnecessary loss of valued facilities and services, particularly
where this would reduce the community’s ability to meet its day-to-day needs;
●●ensure that established shops, facilities and services are able to develop and
modernise in a way that is sustainable, and retained for the benefit of the community;
and
●●ensure an integrated approach to considering the location of housing, economic
uses and community facilities and services
Part 11. Conserving and enhancing the natural environment
Para 115. Great weight should be given to conserving landscape and scenic beauty
in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have
the highest status of protection in relation to landscape and scenic beauty.
Para 116. Planning permission should be refused for major developments in these
designated areas except in exceptional circumstances and where it can be
demonstrated they are in the public interest. Consideration of such applications
should include an assessment of:
●●the need for the development, including in terms of any national considerations,
and the impact of permitting it, or refusing it, upon the local economy;
●●the cost of, and scope for, developing elsewhere outside the designated area, or
meeting the need for it in some other way; and
●●any detrimental effect on the environment, the landscape and recreational
opportunities, and the extent to which that could be moderated
Decision taking:
Para 186 - Local planning authorities should approach decision-taking in a positive
way to foster the delivery of sustainable development. The relationship between
decision-taking and plan-making should be seamless, translating plans into high
quality development on the ground.
Para 187 - Local planning authorities should look for solutions rather than problems,
and decision-takers at every level should seek to approve applications for
sustainable development where possible. Local planning authorities should work
proactively with applicants to secure developments that improve the economic,
social and environmental conditions of the area.
5. STATUTORY CONSULTATIONS
5.1
DCC Highways – Following the submission of an amended site layout plan
DCC County Highway Authority has NO OBJECTION, subject to the following
condition(s):
Before the development is commenced the first 5.00 metres of the access crossing,
measured from the nearside edge of the carriageway, shall be laid out and
constructed to a specification submitted to and approved in writing by the Local
Planning Authority.
Reason: In the interests of road safety.
The development hereby permitted shall not be occupied or utilised until the access,
parking and turning indicated on the submitted details has been
constructed. Thereafter, these areas shall be maintained, kept free from obstruction
and available for the purposes specified.
Reason: In the interests of road safety.
Informative: The applicant is advised that notwithstanding this consent, Section 184
of the Highways Act 1980 requires the proper construction of vehicle crossings over
kerbed footways, verges or other highway land. Before commencement of any works
on the public highway, Dorset County Council’s Dorset Highways MUST be
consulted to agree on the detailed specification. Contact can be made by telephone
to Dorset Direct (01305 221000), by email at dorsetdirect@dorsetcc.gov.uk, or in
writing at Dorset Highways, Dorset County Council, County Hall, Dorchester, DT1
1XJ.
IFN11 – Advance Payments Code
The applicant should be advised that the Advance Payments Code under Sections
219-225 of the Highways Act 1980 may apply in this instance. The Code secures
payment towards the future making-up of a private street prior to the commencement
of any building works associated with residential, commercial and industrial
development. The intention of the Code is to reduce the liability of potential road
charges on any future purchasers which may arise if the private street is not madeup to a suitable standard and adopted as publicly maintained highway. Further
information is available from Dorset County Council’s Developer-Led Infrastructure
team. They can be reached by telephone at 01305 225401, by email at
dli@dorsetcc.gov.uk, or in writing to the Highways Development team, Dorset
County Council, County Hall, Dorchester, DT1 1XJ.
NOTE: The applicant is advised that, notwithstanding this consent, if it is intended
that the highway layout be offered for public adoption under Section 38 of the
Highways Act 1980, the applicant should contact Dorset County Council’s Highways
Development team as the layout as shown is unsuitable for adoption. They can be
reached by telephone at 01305 225401, by email at dli@dorsetcc.gov.uk, or in
writing at Developer-Led Infrastructure, Dorset County Council, County Hall,
Dorchester, DT1 1XJ.
5.2
DCC as Local Lead Flood Authority – holding objection pending further
information on the original submission as regards surface water. Based on
additional information received they now have no in-principle objection to the
application, subject to the following conditions (2) being attached to any decision
granted;
CONDITION (1)
No development shall take place until a detailed surface water management scheme
for the site, based upon the hydrological and hydrogeological context of the
development, has been submitted to, and approved in writing by the local planning
authority. The surface water scheme shall be implemented in accordance with the
submitted details before the development is completed.
REASON
To prevent the increased risk of flooding, to improve and protect water quality.
CONDITION (2)
No development shall take place until details of maintenance and management of
the surface water sustainable drainage scheme have been submitted to and
approved in writing by the local planning authority. The scheme shall be
implemented and thereafter managed and maintained in accordance with the
approved details. These should include a plan for the lifetime of the development,
the arrangements for adoption by any public body or statutory undertaker, or any
other arrangements to secure the operation of the surface water drainage scheme
throughout its lifetime.
REASON
To ensure future maintenance of the surface water drainage system, and to prevent
the increased risk of flooding.
5.3
WPBC Technical Services - The FRA identifies the main risks to the site and
provides some recommendations on mitigation measures. What we need now is
some detail around the actual drainage design and how surface water is to be
managed on site and how the development may impact on neighbouring areas. The
number of properties being proposed means that it falls within the criteria where
DCC FRM
should be consulted - they will request similar information. In addition, the applicant
should make it clear who will be responsible for future maintenance of any drainage
infrastructure
6. OTHER CONSULTATIONS
6.1
Your Open Spaces & Bereavement Services Manager (Carl Dallison) confirms
that a contribution could be sought to provide some additional equipment at Louviers
Road magnet play area to the east of the site.
6.2
DCC as Education Authority - DCC would be looking for education
contributions for the 15 house development at the New Inn on Littlemoor Road. This
development will generate just under 3 primary aged children. Based on the agreed
formula use by DCC, a primary contribution will be sought of £28,172, based on all
15 houses being eligible for a developer contribution. That is £6169 per eligible
house. No secondary
contributions are being sought. Weymouth has experienced significant increase in
students numbers and the pyramid is essentially full. DCC has added additional
spaces at St. John's Primary to deal with this. Further pressure will require
alternative solutions. DCC is proposing to move a nursery out of St. Augustine's
Primary to free up a classroom for additional maintained school places. This will
allow children from the centre of town where there are significant pressures to take
places at their local school thus freeing up places in the northern part of Weymouth.
To this end DCC would allocate this contribution to the nursery project at St.
Augustine's RC Primary.
6.3
Wessex Water - Water Supply and Waste Connections - New water supply
and waste water connections will be required from Wessex water to serve this
proposed development
S105a Public Sewers - On 1st October 2011, in accordance with the Water Industry
(Schemes for Adoption of Private Sewers) Regulations 2011, Wessex Water became
responsible for the ownership and maintenance of thousands of kilometres of
formerly private sewers and lateral drains (section 105a sewers). At the date of
transfer many of these sewers are unrecorded on public sewer maps. These sewers
can be located within property boundaries at the rear or side of any premises in
addition to the existing public sewers shown on our record plans. They will
commonly be affected by development proposals and we normally advise applicants
to survey and plot these sewers on plans submitted for Planning or Building
Regulations purposes.
7. REPRESENTATIONS
7.1
One representation received from a neighbour with concerns that due
consideration has been given to clearing surface water from the north eastern corner
of the site. We have seen this corner flood and hold water in previous years. Could
we also be told if the existing levels will be used and the site not raised.
8. PLANNING ISSUES
8.1
The main planning issues relevant to this application are:
 Whether the development is acceptable in principle
 The impact upon neighbours amenity
 Parking and highway matters
 Affordable Housing
 Off site community infrastructure contributions
 Loss of community facility
 Flood risk
8.2
Whether the development is acceptable in principle –The site lies within the
development boundary of the adopted Local Plan where the principle of the
development is considered acceptable subject to consideration of the scheme
proposed and its planning impacts. The site is not allocated for housing development
per se it comprising the now vacant and derelict public house. It is surrounded by
residential development and along with that housing on the north side of Littlemoor
Road falls within a designated Area of Outstanding Natural Beauty (AONB).
However given the urban backdrop of which this site forms a part, this proposal has
no adverse impact on that wider AONB designation. The character of the proposal is
also considered to be compatible and in keeping with the character of the area
particularly given the housing development it adjoins and the proposal would make
best and efficient use of land within the development boundary. The layout is
considered acceptable with the dwellings being built to take advantage of the re-use
of the main former pub buildings fronting Littlemoor Road (Plots 1-6) and with new
built housing on the former car park/beer garden at the rear (Plots 7-15). The
character of the scheme is compatible in land use terms with the character of
neighbouring houses.
Para 53 of the NPPF stresses that
“ Local planning authorities should consider the case for setting out policies to resist
inappropriate development of residential gardens, for example where development
would cause harm to the local area”.
8.3
Those Policies are reflected in Policies ENV10, and 12 but of course the rear
back land part of the site was part of the former pub gardens.
Policy ENV 10 points out in part that (My emphasis underlined) “i) All development
proposals should contribute positively to the maintenance and enhancement of local
identity and distinctiveness. Development should be informed by the character of
the site and its surroundings”
Policy ENV 12 points out in part that (My emphasis underlined) “i) Development will
achieve a high quality of sustainable and inclusive design. It will only be permitted
where it complies with national technical standards and where the siting, alignment,
design, scale, mass, and materials used complements and respects the character of
the surrounding area or would actively improve legibility or reinforce the sense of
place. This means that:
•
The general design should be in harmony with the adjoining buildings and the
area as a whole;
•
The position of the building on its site should relate positively to adjoining
buildings, routes, open areas, rivers, streams and other features that contribute to
the character of the area
8.4
The proposal for 15 dwellings with vehicular access off Littlemoor Road is
considered to be in keeping with the character of the area and the access into the
site would be in a similar position to that of the access into the car park of the public
house and in that respect Policies ENV10, 11, 12, and 15 are considered to be
complied with.
8.5
The application site is set within an urban context being adjacent to other
residential dwellings and built up development. It is therefore considered that the
proposal meets the Inspectors comment when reporting on the adoption of the Local
Plan that the Councils (WDDC/WPBC) 5.1 year housing land supply is fragile and
the Council should look favourably at any opportunity to increase that supply in
sustainable locations (as is the case here being within the development boundary)
and noting of course that the Council has since now published that it has a 5.3 year
housing land supply. However the Councils of West Dorset and Weymouth &
Portland have historically under delivered in terms of housing and the proposal
would further assist that supply.
8.6
The impact upon neighbour’s amenity - The scheme has responded well to
the residential development that surrounds it. Plots 1-6 make re-use of the main pub
buildings and have no adverse impact on the amenity of its neighbours to the west
(502-506). Likewise Plots 7-15 are at 90° to Plots 1-6 such that they are gabled on to
the rear of Plots 1-6 and to nos 488-492 to the east. Plots 7-10 would overlook the
rear long gardens at nos 502-506 to the west but it is not considered that there would
be any adverse resulting loss of amenity given that the development would
incorporate bedrooms and en-suite facilities only at first floor level overlooking these
areas. Plot 15 would also be hipped to soften the impact on the rear outlook of nos
488-492. Plots 11-15 would overlook the rear long gardens at plots 480-486 to the
east but it is not considered that there would be any adverse resulting loss of
amenity given that the development would incorporate bedrooms and en-suite
facilities only at first floor level overlooking these areas.
8.7
Likewise Plot 10 has been hipped away from the boundary with the house at
no 17 Firecrest Close to soften the impact on the neighbour to that property which is
at a slightly higher level to the application site in any event. The relationship of both
Plots 10 and 11 to the properties to the north in Firecrest Close is considered an
acceptable one.
8.8
Given the above considerations Policy ENV 16 is considered to be complied
with.
8.9
Parking and highway matters - Policies COM7 and 9 of the adopted Local
Plan, cover road safety/ access and car parking. In this case there would be 24
parking spaces with garages for plots 10 and 11 for 15 dwellings. There are no
highway objections to the proposals which have been amended since their original
submissions to accord with DCC Highway comments. The site is also on a public
transport route.
8.10 Affordable Housing - Members will be aware that HOUS 1 Policy of the
adopted Local Plan would under normal circumstances require 35% of a scheme of
15 dwellings to be made affordable in line with that Policy. As originally submitted the
applicant proposed only 4 of the dwellings as affordable (27%) but after discussions
with your affordable housing officer in Planning Policy that has now increased to 6
dwellings (those that would form the converted main public house at Plots 106). On
the back of those discussions it is now proposed the following:



the allocation of 6 units as affordable (in excess of the policy requirement at
40%)
The 6 units proposed would be the1 bed flats in the conversion / extension of
the whole pub.
The tenure split will be 50% affordable and 50% shared equity
8.11 Your affordable housing officer is content with the above provision but this
would need to be delivered via a Section 106 Agreement. As such Policy HOUS1 is
considered to be met.
8.12 Off site community infrastructure contributions – Policy COM1 of the adopted
Local Plan states under criteria i) that:
i)
Where new development will generate a need for new or improved community
infrastructure, and this need is not met through the Community Infrastructure Levy,
suitable provision should be made on-site in larger developments or, if not
practicable to do so, by means of a financial contribution. The provision should be
appropriate to the scale and needs of the development having regard to:
•
existing facilities in the area, including the quantity and quality of provision;
•
the economic viability and the need for the development;
•
the ongoing maintenance requirements.
8.13 Given that the proposal of 15 dwellings would not provide any on site play
space/recreation space I have therefore consulted with your Open Spaces and
Bereavement Services Manager. This is as regards seeking a financial contribution
towards the enhancement of an off site facility as a direct result of the proposal. He
has suggested that a contribution could be made towards some additional equipment
at Louviers Road magnet play area and of course the Council is keen to look to
enhance existing facilities. This play area is no more than 1 mile from the site and it
is considered therefore that additional demand would be placed on this open space
facility as a result of the development now proposed given the likelihood of future
occupiers taking advantage of the recreation facility. What has been calculated is a
figure of £25650. This could be secured via a Section 106 Agreement which the
applicant has agreed to. The contribution is considered to meet the Reg 122 tests as
set out in the CIL Regulations as being:
(a)
necessary to make the development acceptable in planning terms
(b)
directly related to the development; and
(c)
fairly and reasonably related in scale and kind to the development
8.14 Loss of community facility - Pubs are recognised in the adopted Local Plan as
community buildings and structures, and Policy COM3 refers. This states that :
i)
Planning permission for proposals, including change of use, which result in the
loss of local community buildings or structures (including sites which were most
recently used for this purpose where the use has ceased or the building has been
demolished), will not be permitted unless:
•
it can been demonstrated that there is no local need for the facility or that such
a facility is no longer likely to be viable; and
•
an appropriate alternative community use to meet local needs is not needed or
likely to be viable.
8.15 COM 3 policy is considered to be in general conformity with the NPPF,
Paragraph 70 of the NPPF states that decisions should ‘guard against the
unnecessary loss of valued facilities and services, particularly where this would
reduce the community’s ability to meet its day-to-day needs’.
8.16 In answer to this Policy the applicant points out that in the very early stages
when carrying out their own diligence as to the suitability of this site given the
sensitivity of a change of use of public houses, they carried out background research
and the following sources of information were helpful in them deciding whether a
change of use was likely to be acceptable;

The New Inn had a history of anti-social behaviour and had been struggling to
be a viable business for a number of years - my understanding is that it had
been in the brewery’s turn around division as it was loss making for a number
of years. It was marketed for sale in late 2012 early 2013 with no credible
buyers so it was withdrawn from sale and a new a leaseholder was put in
place with a new business plan and lot of help from the brewery. This proved
unsuccessful and the towel was finally thrown in the spring of 2015 the pub
was then extensively marketed on the web and the local and trade press ,
little interest was shown other than from a couple of developers . One of
which was us we purchased in early 2015.

Strategic housing land availability assessment (SHLAA)- At the time the site
had been identified as a potential housing site in SHLAA written in support of
the LA’s position in terms of deliverable housing numbers.

Recent decision in respect of the Albert inn Wyke.- You will be fully aware ,
the Albert Inn in Wyke had recently been granted a change of use to
residential this was after a long fight , firstly it was put to the LA as a
community asset this failed on grounds that there were enough drinking
establishments within a certain distance the important wording in the
refusal is the nearest public house is approximately 0.7 kilometres from the
nominated asset and therefore there are alternative premises providing similar
social value to the local community.”.

There are several drinking establishments nearby to the new inn :
The Reynolds institute -0.5 of a mile
The Royal standard -0.85 of a mile
The old Ship -1.1 miles
Beefeater – 1.7 miles
The bridge Inn – 2.1 miles

Its perhaps also worth noting that surprisingly there has been no local
objection at all , if anything everybody has been very supportive at the COU .
8.17 To summarise on this issue there is no evidence that “can be demonstrated
that there is no local need for the facility or that such a facility is no longer likely to be
viable; and an appropriate alternative community use to meet local needs is not
needed or likely to be viable” as required by Policy COM3 of the Local Plan but of
course this Policy is considered to be mainly attributable to such uses whereby they
are the only facility for example in an isolated village setting and not in an urban
Borough context such as Weymouth. The background to that Policy explains that “
The loss of valued local community facilities and services can significantly reduce a
community’s ability to meet its day to day needs and will also have an adverse
impact on the social interaction and wellbeing of that community……………….” and
“In considering proposals that would result in the loss of local community facilities,
the councils will take into account what other facilities and services are available
locally, and whether there are proposals to consolidate that service into a community
facility hub”
8.18 However as the applicant points out the pub has now been vacant and in a
dilapidated state for some time now and has not been shown to be previously viable
as there has been no interest but that also there are several other drinking
establishments nearby to the New Inn namely The Reynolds institute - 0.5 of a mile;
The Royal Standard - 0.85 of a mile; The Old Ship - 1.1 miles; the Beefeater – 1.7
miles; and
The Bridge Inn – 2.1 miles. In any event in land use terms along with the other
housing related benefits that would accrue it is not considered that the loss of the
pub as a community facility is so critical to warrant refusal of permission..
8.19 Education Contributions – The County Council as Education Authority and as
per Policy COM1 of the adopted Local Plan DCC would be looking for education
contributions for this scheme. They point out that this development will generate just
under 3 primary aged children. Based on the agreed formula used by DCC, a
primary contribution will be sought of £28,172, based on all 15 houses being eligible
for a developer contribution. That is £6169 per eligible house. No secondary
contributions are sought. DCC point out that Weymouth has experienced significant
increase in student numbers and the pyramid is essentially full. DCC has added
additional spaces at St. John's Primary to deal with this. Further pressure will require
alternative solutions. DCC is proposing to move a nursery out of St. Augustine's
Primary to free up a classroom for additional maintained school places. This will
allow children from the centre of town where there are significant pressures to take
places at their local school thus freeing up places in the northern part of Weymouth.
To this end DCC would allocate the contribution to the nursery project at St.
Augustine's RC Primary.
8.20 This could be secured via a Section 106 Agreement which the applicant has
agreed to. The contribution is considered to meet the Reg 122 tests as set out in the
CIL Regulations as being:
(a)
necessary to make the development acceptable in planning terms
(b)
directly related to the development; and
(c)
fairly and reasonably related in scale and kind to the development
8.21 Flood risk Policy ENV 5 deals with flood risk. The applicant has also submitted
a flood risk assessment. Further drainage information has also been submitted
following initial objections from DCC as Local Lead Flood Authority. They now have
no in-principle objection to the above application, subject to the following conditions
(2) being attached to any decision granted;
CONDITION (1)
No development shall take place until a detailed surface water management scheme
for the site, based upon the hydrological and hydrogeological context of the
development, has been submitted to, and approved in writing by the local planning
authority. The surface water scheme shall be implemented in accordance with the
submitted details before the development is completed.
REASON
To prevent the increased risk of flooding, to improve and protect water quality.
CONDITION (2)
No development shall take place until details of maintenance and management of
the surface water sustainable drainage scheme have been submitted to and
approved in writing by the local planning authority. The scheme shall be
implemented and thereafter managed and maintained in accordance with the
approved details. These should include a plan for the lifetime of the development,
the arrangements for adoption by any public body or statutory undertaker, or any
other arrangements to secure the operation of the surface water drainage scheme
throughout its lifetime.
REASON
To ensure future maintenance of the surface water drainage system, and to prevent
the increased risk of flooding.
As a result issues that deal with drainage can be conditioned and be satisfactorily
dealt with.
9. SUMMARY OF ISSUES
9.1
The site lies within the development boundary of the adopted Local Plan
where the principle of the development is considered acceptable. The character of
the proposal is also considered to be compatible and in keeping with the character of
the residential area that surrounds it and would make best and efficient use of land
within the development boundary. The layout is considered acceptable and would
have no adverse impact on neighbours amenity
9.2
The proposal meets the Inspectors comment when reporting on the adoption
of the Local Plan that the Councils (WDDC/WPBC) 5.1 year housing land supply
(now 5.3 year) is fragile and the Council should look favourably at any opportunity to
increase that supply in sustainable locations (as is the case here) and particularly
given the under delivery of housing historically.
9.3
The proposal is considered acceptable as regards its impact on neighbours’
amenity and highways safety and flood risk matters are satisfactorily addressed. The
proposal also offers affordable housing and other off site contributions as are set out
in the report above.
10. RECOMMENDATION
10.1 Delegate authority to the Head of Planning (Development Management and
Building Control) for the issue of a conditional outline approval following an
agreement under Section 106 of the Town and Country Planning Act concerning
a) the provision of 6 dwellings as affordable housing
b) a financial contribution of £25650 towards additional equipment at Louviers Road
magnet play area to the east of the site as per Policy COM1 of the adopted Local
Plan;
c) an Education financial contribution of £28,172
and subject to the following conditions
1
3YRFUL The Development to which this permission relates must be begun
not later than the expiration of three years beginning with the date of this permission.
Reason: This condition is required to be imposed by Section 91 of the Town and
Country Planning Act 1990 (As amended).
2
PLAN1 (Approved Plans) The development hereby approved shall be carried
out in accordance with the approved plans list.
Reason: For the avoidance of doubt and in the interests of proper planning.
3
D09F (Materials: Samples) Before the commencement of development,
unless otherwise agreed by the Local Planning Authority, details and samples of all
facing and roofing materials shall be submitted to, and approved in writing by, the
Local Planning Authority and the development shall be completed in accordance with
these details.
Reason: To ensure that the external appearance of the completed development is
sympathetic to its locality.
4
The development hereby permitted shall not be occupied or utilised until the
access, parking and turning indicated on the approved plans has been constructed.
Thereafter, these areas shall be maintained, kept free from obstruction and available
for the purposes specified.
Reason: In the interests of road safety.
6
No development shall take place until a detailed surface water management
scheme for the site, based upon the hydrological and hydrogeological context of the
development, has been submitted to, and approved in writing by the local planning
authority. The surface water scheme shall be implemented in accordance with the
submitted details before the development is completed.
REASON.
quality.
To prevent the increased risk of flooding, to improve and protect water
7
No development shall take place until details of maintenance and
management of the surface water sustainable drainage scheme have been
submitted to and approved in writing by the local planning authority. The scheme
shall be implemented and thereafter managed and maintained in accordance with
the approved details. These should include a plan for the lifetime of the
development, the arrangements for adoption by any public body or statutory
undertaker, or any other arrangements to secure the operation of the surface water
drainage scheme throughout its lifetime.
REASON
To ensure future maintenance of the surface water drainage system,
and to prevent the increased risk of flooding.
8
Development shall not commence until details of proposed foul drainage
works have been submitted to and approved by the Local Planning Authority and the
approved drainage scheme shall be completed before occupation of the
development.
Reason: To avoid drainage problems as a result of the development with
consequent pollution or flood risk.
9
L54A (Landscaping Minor) Before the commencement of development, unless
otherwise agreed by the local planning authority, full details so both hard and soft
landscaping shall be submitted to and approved in writing by the local planning
authority. All hard and soft landscaping shall be carried out in accordance with the
approved detail. The works shall be carried out prior to the occupation of any part of
the development or in accordance with a programme agreed in writing with Local
Planning Authority.
Reason: Landscaping is considered essential in order to preserve or enhance the
visual amenities of the locality and is a requirement of the Local Planning Authority in
accordance with Policy ENV1 of the adopted West Dorset, Weymouth and Portland
Local Plan 2015.
11. BACKGROUND PAPERS
11.1
WP/15/00854/FUL