Item 8 - Waveney District Council

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DEVELOPMENT CONTROL COMMITTEE - 15 APRIL 2009
APPLICATION NO DC/08/1389/FUL
LOCATION
Land Adjacent Travelodge Hotel
Leisure Way
Lowestoft
Suffolk
EXPIRY DATE
11 May 2009
APPLICATION TYPE
Full Application
APPLICANT
Frostdrive Ltd & Brookdale House Residential Home
PARISH
PROPOSAL
Construction of an 80no. bed nursing home with staff accommodation and
a 15no. bed 'very sheltered' housing complex
DO NOT SCALE
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s
Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may
lead to prosecution or civil proceedings.
SUMMARY
The application seeks full planning permission for an 80 bed care home and ancillary
accommodation and 15 very sheltered houses. The main issues to consider are the location of the
site, the scale and massing of the buildings and impact on trees and protected species.
SITE DESCRIPTION
The site, which extends to some 0.8ha, is located close to the northern edge of Lowestoft in a
predominately commercial area. It lies to the south of Leisure Way, which provides access to
Pleasurewood Hills Theme Park, and directly opposite the Tesco superstore. To the north of
Tesco`s is Gunton Hall. Immediately to the west of the site is the recently completed Travelodge
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hotel and beyond this Potters Kiln PH at the junction of Leisure Way and the A12. To the east is
the Tesco petrol filling station and the surrounding land that is to be used as a Nature Reserve. To
the south of the site is public open space land, approximately 55m wide, beyond which is
residential development within the Gunton Park estate.
From the A12 Leisure Way has a pronounced upward slope such that the application site is more
elevated than the surrounding land. Within the site itself are a number of mature trees which are
protected by Tree Preservation Order. The proposed access road has already been constructed in
conjunction with the development of the adjoining land.
PROPOSAL
The proposed care home provides a total of 84 rooms over three floors, together with communal
facilities including residents lounges and conservatories, dining rooms, staff accommodation office
and storage rooms. The ground and first floors would provide 60 one bed units for dependant and
higher dependency residents. The 24 units on the second floor are contained within the roofspace
of the building and are intended for the less dependant residents. 13 of these are larger studio
type units with self contained small kitchen areas that could accommodate married couples. 4 of
the smaller one bed rooms on the second floor are intended as staff accommodation.
The proposed care home has a height to the eaves of approximately 5.5m and to the ridge of 12m.
Dormer windows in the roof provide light to the second floor. Materials include a red brick plinth
and brickwork to the ground floor with cream rendered panels above to the eaves plus black
stained weatherboard to partially clad some panels. The roof would be tiled with red/brown clay
plain tiles.
The proposed very sheltered housing comprises 9 two bed and 6 one bed two storey cottage style
dwellings with dormer windows in the roof space. The dwellings would be arranged in a single
terrace with its rear elevation facing Leisure way. The height to the eaves would be 3.5m and to
the ridge some 8m. The materials to be used would be similar to those of the care home. A
covered walkway would link the very sheltered housing to the Care Home.
Within the grounds two amenity areas are proposed, one between Leisure Way and the very
sheltered housing and one serving the care home on its southern side. A total of 52 car parking
spaces are proposed for both buildings.
The applicant has explained that the very sheltered housing will only be occupied by persons over
60 and that persons dependants (if younger) and that occupiers would have the right to use the
care and other facilities within the care home.
CONSULTATIONS/COMMENTS
Neighbour consultation/representations
54 neighbouring properties were notified of the application. 8 responses have been received from
residents, Gunton Park Residents Association and Gunton Woodland Community Project all
objecting to the proposal. The objections can be summarised as follows:
- the land was previously identified for leisure/tourism use
- the size and height of the buildings in inappropriate for the site
- adverse impact on a site of recognised wildlife value, particularly Great Crested Newts and loss
of wildlife habitat
- overlooking of residential properties in Gainsborough Drive and loss of outlook
- inappropriate location for a care home
- insufficient car parking
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Consultees
Suffolk County Council - Social Care Services:
There are no people currently waiting for Nursing Beds in Care Homes in Waveney, however
healthy competition would be welcomed as this could improve both quality and price. The area of
demand and predictive growth in Waveney is dementia care however many providers are adapting
their services to accommodate this need, once again healthy competition would benefit the people
of Waveney.
The proposed very sheltered housing is not very sheltered housing. There is no access to the first
floor for individuals with physical disabilities. Bathrooms are on the first floor and customers would
have to be physically fit to manage stairs. The development does not offer any communal areas
and it is unacceptable to offer shared space within the nursing home.
Suffolk Wildlife Trust:
No information has been provided within the application with regards to the impacts on priority or
protected species or designated sites, important habitats or other biodiversity features.
The proposed nursing home is extremely close to the pond within the nature reserve. This pond
supports a medium-large population of breeding great crested newts and is a key habitat within the
overall reserve. It appears that the edge of the nursing home building is approximately 5 metres
from the edge of the pond and in such a location this three storey building will have a significant
shading effect. This would have an effect on the ambient temperature of the pond which could
alter its suitability as a breeding site for great crested newts.
In addition, the building is so close to the pond, we fail to see how construction could be effected
without the need to enter the land designated as a nature reserve, thus damaging this habitat.
In the circumstances, we must object to this planning application.
Anglian Water:
The foul sewerage system cannot accommodate flows from this proposed development. Please be
advised that we are not aware when capacity will become available, but this is unlikely to be within
the standard timescales of a planning permission. If a development proceeds before further
capacity is provide, it is possible that this will result in environmental and amenity problems
downstream.
The foul drainage from this development will be treated at Corton Sewage Treatment Works that at
present has available capacity for these flows.
Essex And Suffolk Water PLC:
No objection.
Environment Agency – Drainage
No objection. A sustainable surface water drainage system is advised.
Suffolk County - Highways Department:
No objection.
WDC - Property And Facilities were consulted on the 25 February 2009.
WDC - Parks (OS And Play Areas) were consulted on the 25 February 2009.
Suffolk County - Archaeological Unit:
No objection subject to condition to ensure an adequate record is made of any archaeological
features.
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Natural England:
Objects to the proposed development and recommends that planning permission be refused on
the grounds that the application contains insufficient survey information to demonstrate whether or
not the development would have an adverse effect on legally protected species. The concerns
relate specifically to the likely impact upon the local populations of Great Crested Newts.
WDC - Landscape Adviser:
Object. TPO 220 covers the site. The parking area is shown between two protected trees and is
not acceptable as it will severely affect the root systems of these trees. The development is too
large and is too close to the majority of protected trees.
Planning Policy were consulted on the 25 February 2009.
WDC - Housing were consulted on the 25 February 2009.
PUBLICITY
The application has been the subject of the following press advertisement:
Category
Published
Expiry
Publication
Major Application,
20.02.2009
12.03.2009
Beccles and
Journal
Major Application,
20.02.2009
12.03.2009
Bungay
Lowestoft Journal
SITE NOTICES
The following site notices have been displayed:
WDC General Site Notice
Reason for site notice: Major Application, Date posted
20.02.2009 Expiry date 12.03.2009
PLANNING HISTORY
An outline planning application for a petrol filling station, hotel and leisure use and residential was
withdrawn in 2000.
Full planning permission for a petrol station, hotel, leisure building and nature reserve was granted
in 2007. The petrol filling station and hotel have since been constructed.
PLANNING POLICY
CS01 Spatial Strategy (Adopted Core Strategy, January 2009)
CS02 High Quality and Sustainable Design (Adopted Core Strategy, January 2009)
CS16 Natural Environment (Adopted Core Strategy, January 2009)
H16 Sheltered housing schemes, nursing homes and residential care homes (Waveney Local
Plan, Adopted November 1996)
LP1 Physical limits (Waveney Interim Local Plan, May 2004)
DC2 Design (Waveney Interim local Plan, May 2004)
H12 Nursing and residential care homes (Waveney Interim Local Plan, May 2004)
Planning Policy Statement 1: Delivering Sustainable Development (2005)
Planning Policy Statement 3: Housing (2006)
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Planning Policy Statement 9: Biodiversity and Geological Conservation (2005)
PLANNING CONSIDERATIONS
Planning Policy
In The Waveney Local Plan (1996) the application site was part of a larger area which included
Gunton Hall Holiday Camp and Pleasurewood Hills Theme Park, where tourism and leisure uses
would be acceptable in principle. Since that time planning permission has been granted on land
adjacent to the application site (petrol station and Travelodge) and the land is no longer
specifically identified for these purposes. Accordingly therefore applications have to be treated on
their merits.
Relevant policy guidance is set down in PPS1 and, more locally, in the Waveney Local Plan,
Interim Local Plan and the Core Strategy. With regards to sustainable development PPS1 aims to
ensure that new development takes place in sustainable locations and to ensure it is easily
accessible in order to reduce the need to travel. This national policy is reflected in Core Strategy
policy CS01 which states that most new development will take place in Lowestoft with the focus
being on previously developed land.
Policy LP1 of the Interim Local Plan defines the physical limits for Lowestoft and states that
development will be concentrated within those limits, with preference being given to the
development of previously developed land.
Policy H12 of the Interim Local Plan states that proposals for new nursing and residential care
homes should have reasonable access to shops, community facilities and public transport and
should be designed to take into account the specific needs of residents including those less
mobile. With regards to demand the applicant is of the view that the proposal meets an
acknowledged and specific housing need, and that demographic trends show a clear and growing
demand. Whilst this may be the case, it will be noted above that SCC currently have no people
waiting for care home places and existing providers are adapting their services.
The residential development to the south of the application site marks the extent physical limit in
this part of Lowestoft. Therefore the proposed development, and the adjacent commercial
development (Potters Kiln, Travelodge and Tesco) lies outside the defined physical limits of
Lowestoft. On this basis the proposal is contrary to policy LP1 of the Interim Local Plan. Clearly,
however the application site is close to existing commercial development and a limited amount of
services, primarily Tesco`s, and there is a regular bus service from here into the town centre.
Therefore, whilst there is an element of sustainability to the site it is considered to otherwise be
somewhat isolated from the town centre and the range of services it offers. Whilst the principle of
development on the site has been established, following approval for the leisure building, the
question that arises is whether the proposal is appropriate in the context of its surroundings.
The defined limits to development mark the extent of residential development in this part of
Lowestoft. Beyond these limits there is a marked change in the character of the built environment
from wholly residential to wholly commercial. It is therefore considered inappropriate to introduce a
residential use in a predominantly commercial environment. Planning consent exists on the site for
a leisure building which, if built, would have complimented adjoining uses. The applicant has
explained that there has been no demand for, or interest in, developing the leisure use. Whilst this
may be the case this situation could change in the future and in any event it does not follow that
residential use is acceptable.
With regards to the provision of Very Sheltered Housing (VSH) the Suffolk Design and
Management Guide (January 2007) sets down the criteria that should be met. Essentially VSH
should be fully accessible (eg lifts),should provide communal facilities and is intended for people
who require a minimum of 4 hours personal care plus support each week. It is considered that the
design and layout of the VSH would not enable it to achieve these requirements. There is no lift
access or communal facilities and it will be noted above that SCC Social Services state that it is
unacceptable for VSH to share facilities within the care home. On the basis of the submitted
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details the VSH appears to be conventional housing which, in this location, is contrary to Policy
LP1.
Design and Appearance
Core Strategy policy CS02 Policy DC2 emphasises the importance of achieving high quality
design that positively improves the character, appearance and environmental quality of an area.
The proposed buildings are of standard design. The main issue is considered to be the impact on
the character and appearance of the area. The proposed care home is a building of significant
size. It has a ground floor area of approximately 1350m² and height to the ridge of some 12m. By
comparison the adjacent Travelodge covers an area of some 650m² and is approximately 9m high.
Leisure Way has a pronounced incline and the proposed development is situated on the highest
point. Adjacent development is either on lower lying land or has a low profile. Whilst the approved
leisure building on the site covered some 1900m² its curved roofline had a generally low profile,
with a maximum height no greater than 8m and large areas no higher than 6m, and was set back
from the Leisure Way frontage. It is therefore considered that the height, scale and massing of the
care home would be visually dominant and as such have a harmful effect on the character of the
locality, contrary to policies CS02 and DC2. Similarly the proposed very sheltered housing
introduces a 60m long terrace on rising land in close proximity to the Leisure Way frontage.
Ecological considerations
National policy is set down in PPS9 and more locally in Policy CS16 which aim to conserve areas
of wildlife value and their habitats. Members may recall that the presence of Great Crested Newts
caused construction work on the Travelodge to cease for a time. Whilst the mitigation work that
was subsequently carried out may have adequately dealt with the presence of protected species
on the application site no ecological survey was submitted with the application. The care home is
only some 5m from a large pond and therefore it is considered that protected species could be
affected by the proposal. Both Natural England and the Suffolk Wildlife Trust object to the
proposed development.
Trees within the site are protected by a Tree Preservation Order. Parking spaces are proposed
directly beneath tree canopies and the care home is within 6m of a large oak tree. It is considered
that development in such close proximity would threaten the future health and survival of these
trees.
CONCLUSION
The proposal lies outside the defined settlement limits for Lowestoft. It is considered that the
proposed VSH does not comply with SCC Design and Management guidelines and that it would
be inappropriate to allow a residential use within a commercial area. The scale, bulk and massing
of the proposal would be detrimental to the character and appearance of the locality and it would
have an adverse impact on protected trees, protected species and their habitats.
RECOMMENDATION
Refuse the application on the grounds that it is contrary to Policies LP1 and H16 of the Waveney
Interim Local Plan (2004) and Policies CS02 and 16 of the Core Strategy.
BACKGROUND PAPERS
CONTACT
Case File DC/08/1389/FUL held in Planning Office, Mariners
Street, Lowestoft
Phil Perkin, Principal Planning Officer, 01502 523073
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