8 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 21 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 22 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. 23 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) 24 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 25 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 26