B/15/0042/FULL
PLANNING OFFICER REPORT SHEET
Application Ref No.:
B/15/0042/FULL
Application Type:
Full Planning Permission
Case Officer:
Paul Edwards
Proposal:
Change of use from shop and flat to shop and House in Multiple Occupation
with changes to ground floor rear projection
Location:
11 , Red Lion Street, Boston, Lincolnshire, PE21 6NY
01-Apr-2015
Statutory Expiry Date:
Delegated Application
Yes
Objections and
likely to be approved
Complete Delegated Report
if no obj or obj & rec for
refusal
X
Consult
Chairman
Vice Chairman
Ward Councillor
Ward Councillor
No
Cllr Wright
Cllr Pickett
Cllr Taylor
Date standard
letter sent or
phone call made
Responded
date
email 7/4
email 7/4
email 7/4
7/4/15
Complete Delegated Report
Ok to continue
Initials
Yes
No
X
No response
No response
Complete Committee Report
Advisory letters to be attached to DN:
From:
Dated:
From:
Dated:
From:
Dated:
From:
Dated:
Interested Parties to be notified of decision (tick
appropriate box)
Yes:
No:
Number:
Date
Initials
File, Report, Drawings/Plans to DCS
REASON FOR BEING OUT OF TIME dialogue/ liaison with applicant and the EA to seek to address the initial
objection…………………………………………………………………………………………
B/15/0042/FULL
DELEGATED REPORT
1.0
SITE
1.1
The application site is a three storey, mid terrace on the west side of Red Lion St,
opposite the Centenary Methodist and just south of where Red Lion St turns to the west
at Tunnard St. The site is within the Conservation Area, within the General Business
Area and within the Area of Known Archaeological Interest.
2.0
PROPOSAL
2.1
The application is a change of use from a four bedroomed flat above the
previous/present butcher’s shop to bedsitting/ communal accommodation over all three
floors for up to six bedsitting rooms. During the course of amendments the annotations
of ‘single’ or ‘double rooms’ have been changed to just ‘rooms’ but objectors are
suggesting up to 12 residents.
2.2
There are some minor external alterations to existing door and window positions and the
existing part width rear projection is retained but with a new internal corridor to provide
ground floor kitchen and laundry facilities for the upper floor accommodation. The
current rear yard is retained and slight demolitions of part of the previous cold store will
enable access along the rear to access the rear yard. The agent has today (7/4/15)
confirmed that there are no material alterations now proposed for the existing shopfront.
3.0
RELEVANT HISTORY
3.1
Alterations to shopfront in 1986.
3.2
Although I can see no specific approvals, the space above shops either side appears to
be in flats or some sort of multi-occupation – bearing in mind that some flats above
shops are now permitted development so we would not necessarily have a record of any
changes of use.
4.0
RELEVANT POLICY
4.1
Policy H8: ‘Creating extra accommodation in existing premises’ would permit multi
occupancy in this location subject to no increase in on-street parking which would
detract from amenities and that the amenities of neighbours will not be seriously
harmed.
4.2
Policy G1: Amenity has the ‘substantial harm’ test. Policy C12 to do with archaeology is
not saved so; in some respects the allocation has also limited relevance. Heritage Trust
has not commented.
5.0
REPRESENTATIONS
5.1
The owners of 10 Red Lion St, Mr & Mrs Battram and Mr Peck at 27 Witham Place - and
with photos, object on the grounds that:


will have adverse impact on neighbourhood, within the Conservation Area
increase in occupation will add pressure on existing dustbin collection services
and on street parking. It will require a large number of wheelie bins and the only
access to this property’s yard is the long passageway to Red Ln St. Existing bins
B/15/0042/FULL





there are a permanent feature and are never moved and the ones required for
this proposal cannot be accommodated
Their tenants will be subjected to more noise and disturbance
even if it complies with regulations 12 people in one property with one kitchen
cannot be acceptable in the 21st Century
The foul and surface water systems of Nos 10, 11, 12 & 13 are all interconnected
before exiting to the main sewer..there will be substantial increases in effluent
from the proposed laundry
The area behind Nos 7 to 13 is in a perilous state of repair, potholed and
dangerous
Despite carrying out flood repair works and seeking to upgrade their property,
property values in Red Lion St will be undermined by allowing high density HMOs
6.0
RELEVANT CONSULTATIONS
6.1
The Boston Preservation Society objects on the grounds that this high density
development in an area already affected by drinkers and over flowing rubbish bins is
unacceptable.
6.2
County Highways Authority has not replied
6.3
The Environment Agency objected on 23 February on the grounds that the two single
ground floor bedsitting rooms would constitute an unacceptable risk. As a result of
negotiations with the applicant, revised ground floor layout drawings were received
which went to only one ground floor bedsitting room and then to no ground floor
accommodation and on 18 March the Agency was reconsulted. These revisions
removed all ground floor bedsitting rooms behind the shop and proposed a laundry and
communal kitchen. Further revisions just changed the locations of the kitchen and
laundry room with respect to each other.
6.4
The EA has maintained its objection on the grounds that all accommodation has not
been removed from the ground floor since they only consider garaging, utility storage
and wc to be non-habitable. This therefore appears to relate to the communal ground
floor kitchen proposed at the back of the shop.
6.5
Housing & Environmental Health replied saying that
‘they had been working with the applicant and his Architect to ensure that all
amenities/facilities are ’intelligently’ situated and that there is direct access from the
kitchen into the rear yard in order to facilitate effective refuse disposal within the
designated bin storage area. There have been a number of changes and improvements
since the 27th which have been incorporated by the Architect within amended plans.
There is a gate leading direct from the rear yard onto Red Lion Street which facilitates
presentation and return of bins. The premises will be subject to mandatory licensing and
I am giving consideration one or more additional conditions as to the management and
presentation of refuse, having due regard to the close proximity of food premises and a
butchery business in the ground floor of 11 itself. George and his team along with our
food team may wish to give commentary as to the waste from the butchers.
There are no concerns as to the residential part of the scheme in its present form’.
B/15/0042/FULL
6.6
Environmental Operations says that the area has been developed without any
consideration whatsoever to the needs of residents and indeed their neighbours and
ranks as one of our most ‘challenging’ sites in Town.
6.7
Subsequently, we have discussed bin storage and presentation and Housing comment
that ‘certainty that there should not be one more development that is not completely
self sufficient in the means by which waste is stored and presented to halt the
proliferation of bins as a permanent part of the street scene’.
7.0
PLANNING ISSUES AND DISCUSSION
7.1
The policy test of whether it would increase on street parking is only able to be
answered by the existing parking restrictions on this part of Red Lion St. This west side
has a no waiting ban from 8am to 6pm and there are parallel parking bays opposite
outside the Centenary Church where there is one hour waiting. There is a public Pay
and Display car park to the south back along Red Lion Street at the NCP car park. The
‘no waiting ban’ continues on both sides into Red Lion St west. Thus difficult to conclude
even with this amount of bedsits that it will increase on street parking – due to the
restrictions….which seem to be being observed. Might lead to more pressure but the
situation is controlled.
7.2
In view of the character of the area, in terms of ground floor retail (inc. bakery,
supermarket and restaurant) and clear upper floor flats or multi occupancy, the proposal
will not alter or affect the character of the area. Given the very limited external
alterations, none at the front, the effect on the Conservation Area will similarly be
imperceptible.
7.3
The capacity of the property is the other issue. In terms of effect upon neighbours it is
difficult and assuming that Building Regs is controlling sound insulation between and
above and below and the annotations on the drawings show sound insulation and stud
walls, the passage of sound between seems to have been addressed. The stacking
inside the accommodation, bedsit room above bedsit room means that there are no
internal conflicts. Housing is happy with the standards of accommodation proposed.
7.4
The minor external alterations around the back are just that and are inconsequential.
The works presently underway at the shopfront would not, at the time of the last
discussion require specific planning approval – the change of current colour schemes
from green to red.
7.5
The issue of the EA objection is to do with their perception that the site will not be safe
since there are habitable rooms on the ground floor. There is a communal kitchen –
which serves the upper floors and the laundry for the bedsitting accommodation but,
importantly, there is no sleeping accommodation. The Environment Agency has asked
that if we are minded to approve this application contrary to their advice that we must
contact them again in accordance with the terms of the 2009 Consultation Direction.
This Direction actually relates only to ‘major development’ 10 houses or more so there is
no further requirement to consult with the EA…but I will advise them that the Direction to
which they refer does not apply to this application.
7.6
Finally, since there is a rear yard within the curtilage of the property and part of the
application site, the fear over bin storage can I feel be addressed by a condition on any
approval – recommended Condition 4 below which requires them to be stored on the
application site when not being presented for collection on the days of collection.
B/15/0042/FULL
8.0
RECOMMENDATION
8.1
GRANT Planning Permission subject to the following condition(s) and reason:-
1.
The uses hereby permitted shall be commenced before the expiration of three years
from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country
Planning Act 1990.
2.
The development hereby permitted shall be carried out in accordance with the following
approved plans
Red line location plan received by the local planning authorty 4 February 2015 (1/6)
Plans as Proposed B/2875 – 03 Rev C
Elevations as Proposed B/2875 -04 Rev C
Section & Construction Notes B/2875-05
Reason: To ensure the development is undertaken in accordance with the approved
details and to accord with saved Local Plan Policy G1.
3.
All external alterations and repairs shall use like for like materials to match and in
accordance with approved Drawing No B/2875 -04 Rev C.
Reason: In the interests of preserving or enhacing the character or appearance of the
property within the Conservation Area.
4.
Refuse and recycling bins to serve the approved uses in this properrty shall be stored in
the shared yard area at the rear of the property shown on approved Drawing No B/287503 Rev C at all times other than on days when they are presented for collection.
Reason: In the interests of protecting the general, residential and visual amneities of
residents and other businesses and the character or appearance of the Conservation
Area as a whole.
5.
There shall be no ground floor sleeping accommodation.
Reason: In accordance with the details of the revised application and to seek to ensure
the safety from the risks of flodding of persons occupying the premises.
In determining this application the authority has taken account of the guidance in paras
186 – 187 of the NPPF (2012) in order to seek to secure sustainable development that
improves the economic, social and environmental conditions of the Borough.
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APPLICATION FILE TO BE ARCHIVED – NO (OFFICER TO DELETE)