APPLIC REF NO 2014/297/ST DATE RECEIVED 21/05/2014 CASE OFFICER John Krawczyk DATE OF EXPIRY 29/08/2014 WARD BULL FARM & WARD COUNCILLOR CLLR MICK COLLEY PLEASLEY HILL APPLICANT UK CONSTRUCTION LTD LOCATION AND DESCRIPTION OF PROPOSAL ------------------------------------------------------------------------------------------------------------LAND ADJACENT BULL FARM MIDDLE SCHOOL BOOTH CRESCENT MANSFIELD 14 NO. DWELLINGS ------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS DESCRIPTION OF PROPOSAL AND APPLICATION SITE This application proposes the construction of 14 no. two storey dwellinghouses on vacant land between Booth Crescent and Peel Crescent. The site is approximately 0.225 hectares in area and the proposal would result in a density of 60 dwellings per hectare. The site is roughly triangular in shape and shares a boundary with Bull Farm Middle School to the rear and with Peel Crescent and Booth Crescent along its sides, with a small part of the boundary located opposite Bright Square. The area is predominately residential although a small parade of shops and the school are located nearby. The site was formerly occupied by a triangular shaped school building, however this has been demolished and the site remains vacant. The site slopes from the Peel Crescent boundary down towards Booth Crescent. The development would consist of 1 no. three bedroom house and 13 no. two bedroom houses. The proposed dwellings would be arranged to front the surrounding roads and would be of a contemporary design and finished with brick with contrasting details and interlocking concrete tile roofs. The applicant has stated that all of the proposed dwellings would be affordable homes. The development would incorporate 24 parking spaces with 10 of the dwellings having 2 off-street parking spaces and 4 having 1 space. The application is being reported to Planning Committee as it is a major application. RELEVANT SITE HISTORY 2011/0228/ST – Approval of reserved matters (appearance and landscaping) for 12 no. houses 2010/0394/ST – Outline application including the reserved matters of access, layout and scale for the construction of no. 2 storey houses OBSERVATIONS RECEIVED Throughout this report observations received in respect of each application are presented in summary form. The full letters and consultation responses received, including details of any non-material planning observations, are available for inspection both prior to and at the meeting. Anyone wishing to make further comments in relation to the application must ensure these are received by the Council by 12 noon on the last working day before the date of the Committee. Nottinghamshire County Council (Highways) No objection Nottinghamshire Police Architectural Liaison Officer No objection but the following observations are made; - - Plots 1, 2, 5, 6, 10 and 14 have parking against gable ends and it is assumed the windows are non-active with no natural surveillance to these areas Plots 7, 8 and 9 have parking positioned away from the properties and have no surveillance from the host property Parks Manager Public open space capital contribution to be spent at Bull Farm Park on improving footpath links Nottinghamshire County Council Planning Contributions Manager No contribution toward the provision of additional school places is required for this development POLICY & GUIDANCE National Planning Policy Framework (NPPF) Section 6 – Delivering a wide choice of high quality homes Section 7 – Requiring good design Section 8 – Promoting healthy communities. Mansfield District Local Plan 1998 Saved Policies (28/09/07) DPS2 - Advises development will be concentrated within the main urban areas within the district H2 - Advises planning permission will be granted for housing developments within the urban boundary, as defined on the proposals map, provided certain criteria are met. BE1 - Advises planning permission will be granted for developments which achieve a high standard of design, listing four sets of criteria. M16 - States planning permission will be granted for new developments, including residential, provided proposals meet 6 sets of criteria in respect of transport / movement issues. Other guidance Mansfield District Council Interim Planning Guidance Note 3 – Recreational Provision on New Residential Developments. Mansfield District Council Draft Interim Planning Guidance Note 10 – Parking for New Developments Mansfield District Council Development Control Policy Note ‘Space about Dwellings and Floorspace Standards for Residential Accommodation’ Provides guidance on designing residential layouts including on separation distances which should be achieved between existing and proposed dwellings and on garden standards The Mansfield District Local Plan 1998 identifies all the development sites as being within the defined urban boundary. ISSUES The key issues in respect of this application are as follows:1. 2. 3. 4. 5. The principle of residential development The impact upon the surrounding area The impact upon residential amenity The impact upon highway safety Planning obligations 1. The principle of residential development The application site is a previously developed, brownfield site located within a predominantly residential area within the defined urban boundary. The site does not have any specific Local Plan allocation; therefore policy DPS2 is relevant, together with the aims of the National Planning Policy Framework. The application site falls within the defined urban boundary and therefore complies with Policy DPS2 and as the proposal will re-use land which has previously been developed, it accords with the objectives of the NPPF. The general principle of residential development on the site is therefore considered to be acceptable. The impact upon the surrounding area As the site is largely bounded by residential development with a primary school positioned to the north-west. The site forms a corner plot and is prominent within the wider surrounding area. The site appears to have been vacant for a considerable period of time and has become extremely overgrown and is to the detriment of the surrounding area. The proposed dwellings would be two storeys which is considered to be appropriate within the context of the surrounding area. The proposed layout would be to arrange the dwellings to the site perimeter, providing road frontages to Booth Crescent, Peel Crescent and Main Bright Square. Due to its irregular triangular shape, it is considered that the proposed layout is the most appropriate as it ensures that the development fronts both of the existing roads. The proposed layout demonstrates each dwelling would meet the minimum requirements of the Space about Dwellings guidance note in terms of rear garden size and it is considered that in general the distances between dwellings would be adequate to ensure acceptable privacy levels for future occupiers. The dwellings are a mixture of semi-detached and terraced dwellings and this would reflect the existing settlement pattern and character of the area. The density of the proposed development is 60 dwellings per hectare. The density of development within the surrounding area is generally lower than this, with maximum densities of up to approximately 40 dwellings per hectare in the area immediately to the south of the site. Although the existing densities are lower than that proposed by the current application, it is noted that larger front gardens are provided to the front of the existing dwellings. Despite its relatively high density it is considered that the proposed development would create an acceptable street scene and it is not considered that there is any justification to require that more substantial front gardens are provided. Furthermore, to do so without sound basis would conflict with the requirements of National Planning Policy Framework which seeks to ensure effective use of brownfield land. Such an approach would also restrict the ability to provide strong frontages through the arrangement of development around the perimeter of the site and would be likely to result in a large proportion of the site not featuring active frontages. Overall, it is considered that the proposal would have a positive impact upon the character and appearance of the surrounding areas and would integrate well with the existing pattern of settlement and is in accordance with the criteria set out with Saved Policies BE1 and H2 of the Mansfield District Local Plan and the aims of the NPPF. The impact upon residential amenity Despite being positioned within a predominantly residential area, the site’s characteristics mean it does not share a common boundary with any existing residential properties. Front elevations of the proposed dwellings would be separated from existing dwellings by the public highway which provides an adequate distance to maintain reasonable privacy levels and prevent overlooking. The dwellings have been designed and arranged to prevent overlooking between the dwellings and the proposed layout would meet the minimum requirements of the Space about Dwellings guidance note in terms of rear garden size and it is considered that in general the distances between dwellings would be adequate to ensure acceptable privacy levels for future occupiers. The impact upon highway safety The dwellings would be accessed directly from Booth Crescent and Peel Crescent on to private driveways. The proposed layout shows that ten of the dwellings would provide 2 no. offstreet car parking spaces and four would provide 1 no. parking space. The guidance contained within Draft Interim Planning Guidance Note 10 ‘Parking for New Developments recommends 2 no. off-street parking spaces be provided for dwellings of up to 3 bedrooms. Despite the proposed parking provision being slightly below the recommended level it is considered that due to the wide roads surrounding the site a small increase in on-street parking would not be detrimental to highway safety. Planning Obligations The applicant is required to enter into a Section 106 Agreement with the Council. The agreement would usually include obligations in relation to the following matters; - off-site provision of public open space Interim Planning Guidance Note 3 states that off-site provision of public open space is required for developments of between 6 and 20 dwellings. The Councils Parks Development Manager has confirmed that the developer will be required to provide a capital contribution of £1,100 per dwelling for improvements to footpath links within Bull Farm Park. Nottinghamshire County Council have advised an education contribution is not required in this instance. Other matters Concern has been raised from the Nottinghamshire Police Architectural Liaison Officer regarding a lack of natural surveillance to the driveways of some of the plots. Whilst the driveway to plot 6 is positioned adjacent to a blank gable elevation and car parking is positioned away from the dwellings of plots 7, 8 and 9, I am satisfied that the surrounding properties would provide natural surveillance to these parking areas and the arrangement would not encourage crime and disorder. CONCLUSION In conclusion, the proposal is considered to be in accordance with Saved Policies DPS2, BE1, H2 and M16 (28/09/07) of the adopted Mansfield District Local Plan (1998) and the advice contained within Sections 6, 7 & 8 of the National Planning Policy Framework. It is considered that the proposed development would be acceptable in principle, would have a positive impact upon character and appearance of the surrounding area, would not have a detrimental impact upon the residential amenity of the occupiers of neighbouring dwellings and would not cause a detriment to highway safety. There are no other material considerations which indicate that a decision should be taken at variance with these policies or guidance. It is therefore recommended that:a) It is resolved to grant full planning permission subject to conditions and a Section 106 Agreement and; b) Delegated Authority be granted to the Head of Planning and Regulatory Services to issue the permission following the applicant having entered into the Section 106 Agreement in respect of appropriate contributions as outlined within the Planning Obligations section of this report. RECOMMENDED CONDITIONS/REASONS/NOTES (1) Condition: The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (1) Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990, as amended by S51(1) of the Planning and Compulsory Purchase Act 2004. (2) Condition: This permission shall be read in accordance with the submitted application and following plans: Site Location Plan, Drawing No. 103, received 30 May 2014 Site Plan, Drawing No. 103, received 30 May 2014 Proposed Street Elevations, Drawing No. 103 Rev. A, received 30 May 2014 Proposed Site Layout, Drawing No. 102 Rev. C, received 30 May 2014 H2.2 Housetype Plans and Elevations, Drawing No. 201 Rev. A, received 30 May 2014 H3.3 Housetype Plans and Elevations, Drawing No. 202 Rev. A, received 30 May 2014 Plots 1 & 2 Housetype Plans and Elevations, Drawing No. 201, received 11 July 2014 Plots 3 & 4 Housetype Plans and Elevations, Drawing No. 202, received 11 July 2014 Plots 5 & 6 Housetype Plans and Elevations, Drawing No. 203, received 11 July 2014 The development shall thereafter be undertaken in accordance with these plans unless otherwise agreed in writing by the Local Planning Authority. (2) Reason: To define the permission, for the avoidance of doubt. (3) Condition: No development shall commence until details of the proposed external facing materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (3) Reason: In the interests of visual amenity and to accord with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan. (4) Condition: Building operations shall not be commenced until details of the existing and proposed ground levels and proposed finished floor levels of the building(s) have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (4) Reason: In the interests of visual amenity and to accord with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan. (5) Condition: No development shall take place until the method of working during the construction phase, in the form of an environmental management plan, to include control of noise, vibration and dust emission has been submitted to and approved in writing by the Local Planning Authority. All subsequent construction shall be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority. (5) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan. (6) Condition: The hours of work during construction and the delivery of materials on to the site shall be restricted to 08.00-17.00 hours Monday- Friday, 08.00-12.00 hours Saturdays and no working shall take place on Sundays and Bank Holidays. (6) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan. (7) Condition: Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any order revoking and re-enacting that order) no extensions, buildings, enclosures, fences or walls as described in Schedule 2 Part 1 Classes A, B, C & E and also in Schedule 2 Part 2 Class A of that order shall be erected without the prior consent in writing of the Local Planning Authority. (7) Reason: In the interests of visual and residential amenity, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan. (8) Condition: No part of the development hereby permitted shall be brought into use until the driveways are constructed with provision to prevent the unregulated discharge of surface water from the driveway to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development. (8) Reason: To ensure surface water from the site is not deposited on the public highway causing dangers to road users. (9) Condition: No part of the development hereby permitted shall be brought into use until a dropped vehicular footway crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority. (9) Reason: To ensure the development is constructed to adoptable standards. (10) Condition: Any proposed soakaway shall be located at least 5.0m to the rear of the highway boundary. (10) Reason: To protect the structural integrity of the highway and to allow for future maintenance. (1) Note to Applicant The development makes it necessary to construct vehicular crossings over a footway of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council’s Highways Area Office tel. 01623 520711 to arrange for these works to be carried out. Proactive Working Statement The application as submitted was acceptable and therefore did not require the Local Planning Authority to work positively and proactively with the applicant