Agenda Item 6
COMMITTEE DATE: 11/02/2013
Application Reference:
12/0875
WARD:
DATE REGISTERED:
LOCAL PLAN ALLOCATION:
Marton
14/12/12
No Specific Allocation
APPLICATION TYPE:
APPLICANT:
Full Planning Permission
Mr & Mrs J Trend
PROPOSAL:
Erection of bungalow with accommodation within the roofspace and
integral garage, located to rear of The Mount with vehicular access from
Patterdale Avenue and new vehicular access to The Mount.
LOCATION:
81 PATTERDALE AVENUE, BLACKPOOL, FY3 9QR
------------------------------------------------------------------------------------------------------------------------Summary of
Refuse
Recommendation:
CASE OFFICER
Ms P Greenway
SITE DESCRIPTION
This proposal relates to a large, detached and imposing Victorian “Gentleman’s Residence”
built on the highest point of land in the area & known as The Mount. It was originally set in
17 acres of land, but the land has been sold off in parcels to form a mixed period residential
area of mainly semi-detached housing. There is the remnant of a garden to the side/rear and
land levels in the area slope down, away from the house.
The property is set on a plot with a frontage of 26 metres and a depth of 48 metres. The plot
is rectangular with the exception of the north west corner, which is excluded from the
application site and forms part of the rear garden to 127 Preston New Road.
DETAILS OF PROPOSAL
This is a resubmission of a previous scheme for a detached bungalow (with bedrooms in the
roofspace) in the side garden of The Mount (12/0290 refers), which was refused by the Head
of Development Management under delegated powers for the following reasons:
1
The proposed bungalow would have a significantly detrimental impact on the
residential amenities of the occupants of surrounding properties by virtue of its visual
intrusion; the elevated location, massing, design and close proximity to the common
boundaries would result in an overbearing impact, loss of sunlight, loss of privacy,
loss of outlook and a significant increase in noise and disturbance from residents,
visitors and their vehicles. As such, the proposal would be contrary to Policies LQ1,
LQ2, LQ4 and BH3 of the Blackpool Local Plan 2001-2016.
2
The loss of the side garden to 81 Patterdale Avenue (The Mount), together with the
massing of the proposed bungalow would result in a cramped development, out of
keeping with the spacious character of the area and would be significantly detrimental
to the setting of The Mount, a non-designated heritage asset. This would be
exacerbated by the poor design, which also does not reflect the distinctiveness and
period character of the adjacent property. As such, the proposal would be contrary to
Policies LQ1, LQ2 and BH3 of the Blackpool Local Plan 2001-2016.
The current proposal attempts to overcome the reasons for refusal and is for the erection of
a detached dwelling in the form of a 'coach house' on the south side of the main residence
where the driveway, double garage (now demolished) and remnant of the original garden
are. To facilitate this, the conservatory on the side of the main house would be demolished
and relocated to the rear, and part of the garden to 127 Preston Old Road, which is in the
ownership of the applicant's parents, would be transferred to The Mount. The dwelling would
benefit from separate vehicular access to Patterdale Avenue, adjacent to the existing
vehicular access to the main dwelling. The plot on which the dwelling would be situated
would have dimensions of 29 metres by 10 metres, with a driveway in front of this measuring
19 metres by 5 metres, giving access to Patterdale Avenue. The dwelling would have a
footprint of 8 metres by 12 metres, with a ridge height of 6.7 metres. The property would be
1 metre distant from the southern boundary and 1.1 metre distant from the northern
boundary. The ridge would run east/west, with the front door facing eastwards and there
would be an integral garage in this elevation.
The agent submitted a statement of support, which is available for members to view and is
attached to this report. The agent considers that the officer assessment on the previously
refused application for the site was inadequate in that it "cherry-picked" design and heritage
matters from the National Planning Policy Framework and ignored other core principles such
as sustainable development, delivery of homes and a low-carbon future. He also comments
that the assessment made no comment on the previous "lawful" use as a garage/workshop.
In response, that previous use (whether it was lawful or not has not been tested) is now
academic as it was abandoned (the garage has been demolished).
The agent does not share the concerns regarding the impact on the character of the area or
on the noise and disturbance. He comments that the applicant's parents live at 127 Preston
Old Road, which extends behind The Mount, where their son and young family live. They
want to downsize but stay in the immediate area as they have lived there for 23 years, like
the gardens and want to stay near their family for (grand)child care purposes; and the
proposed retirement property would fulfil that wish.
The Committee will have visited the site on 11th February 2013.
MAIN PLANNING ISSUES
The main issues relate to: the impact on the amenities of residents and the future occupiers
of the proposed dwelling; the impact on the character of the area; and, the impact on The
Mount (and its occupiers), a building of local historic interest.
CONSULTATIONS
Head of Transportation: Whilst I have no objection to the proposal the access and layout
for the car parking should be amended. The existing vehicle access to the south side of the
existing property to be closed with vehicle access/egress to be undertaken from the vehicle
access available on the north side, the redundant crossing to the south side to be removed.
The new build will require it's own vehicle crossing. A H marking should be provided to
prevent the accesses from being obstructed. Applicant to contact the Head of
Neighbourhood Services, Blackpool Council, Layton Depot, Depot Road, Blackpool, FY3
7HW to determine the scope of works. All costs to be met by the applicant. Preston Old
Road is subject to rat-running but this does not apply to Patterdale Avenue, visibility is
acceptable and I do not have any major concerns with regards to vehicles driving out in
reverse gear. The new property will require a formal postal address.
Built Heritage Manager: Although the front elevation of the proposed building is an
improvement on the previous design it does little to address the problem of the lack of visual
separation between the main property and 79 Patterdale. However, if you intend to
recommend approval, the planting of some hedging or other climbing plant material in front
of the wall behind which the sliding gate would run may mitigate this to a small degree. I
would also suggest that the use of timber double glazing rather than brown upvc would be
more appropriate in a building using traditional materials.
United Utilities (Water): No objection provided the site is drained on a separate system,
with only foul drainage connected into the foul sewer. Surface water should discharge to a
soakaway and may require the consent of the Local Authority.
Head of Neighbourhood Services (Waste): No problems with 25 m distance from dwelling
to road as Blackpool uses a wheelie bin system. If householder is unable to present bin at
kerbside and needs assistance, there is no issue with distance for refuse collectors.
PUBLICITY AND REPRESENTATIONS
Neighbours notified: 02 January 2013
Site notices posted: 09 January 2013
Objections received from the adjacent neighbour to the south at 79 Patterdale Avenue and
on behalf of the property to the rear at 41 Lomond Avenue. Both letters are appended for
Members consideration. In summary the objections relate to:
 loss of residential amenity, overshadowing / loss of sunlight to adjacent properties,
loss of privacy
 detrimental impact on skyline, roof too high
 overdevelopment of the plot, out of keeping with the spacious character of the area,
the property is crammed in to a back garden/driveway
 out of keeping with the character of the properties either side - poor design which
doesn't reflect either the Victorian or 1930's houses in the vicinity
 two families at this side would result in increased noise and disturbance
 impact on airflow around his property
 there are also concerns regarding the human factors i.e. the impact of rejecting the
proposal on the applicant's family. This is not a planning consideration.
Any further representations received will be reported in the update note
The concerns are discussed below in the assessment.
NATIONAL PLANNING POLICY FRAMEWORK
There is a presumption in favour of sustainable development; which has three strands economic, social and environmental, which are mutually dependent.
Paragraph 6 of the NPPF confirms that the purpose of the planning system is to contribute to
the achievement of sustainable development, which involves seeking positive improvements
in the quality of the built, natural and historic environment. Amongst other things, this
includes replacing poor design with better design, and widening the choice of high quality
homes.
Paragraph 14 makes clear that at the heart of the NPPF there is a presumption in favour of
sustainable development, which is the ‘golden thread’ running through both plan-making and
decision-taking. This means: (i) local planning authorities (LPAs) should positively seek
opportunities to meet the development needs of their area; (ii) Local Plans should meet
objectively assessed needs, with sufficient flexibility to adapt to rapid change; (iii) approving
development proposals that accord with the development plan without delay; and (iv) where
the development plan is absent, silent or relevant policies are out-of-date, granting
permission unless any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits.
Paragraph 17 of the NPPF sets out 12 core planning principles, stating that amongst other
things planning should:
 proactively drive and support sustainable economic development to deliver the homes,
business and industrial units, infrastructure and thriving local places that the country
needs;
 always seek to secure high quality design and a good standard of amenity for all existing
and future occupants of land and buildings;
 encourage the effective use of land by reusing land that has been previously developed;
and
 actively manage patterns of growth to make the fullest possible use of public transport,
walking and cycling, and focus significant development in locations which are or can be
made sustainable.
Paragraph 49 of the NPPF makes clear that housing applications should be considered in
the context of the presumption in favour of sustainable development, however para. 48
states that windfall sites........should not include residential gardens. Paragraph 50 goes on
to state that LPAs should deliver a wide choice of high quality homes, widen opportunities for
home ownership, and create sustainable, inclusive and mixed communities. Paragraph. 53
states that the local planning authority should set out policies to resist inappropriate
development of residential gardens, eg where it would cause harm to the local area. The
NPPF also aims to ensure that development responds to local character and history (para
58) and seeks to achieve good design which promotes local distinctiveness (para 60).
Decisions should address the connections between people and places and the integration
…..into the natural, built and historic environment.
The fact that this is in a residential area is no longer indicative of it’s suitability in policy terms
as PPS3 excluded private residential gardens from the definition of previously developed
land and that has been brought forward into the NPPF definitions.
To this end, LPAs 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 older
people and people with disabilities), and identify the size, type, tenure and range of housing
that is required in particular locations, reflecting local demand.
Section 12 places emphasis on conserving and enhancing the historic environment,
including non-designated historic assets (HA). Para 135 specifically states that the effect of
an application on the significance of a non-designated HA should be taken into account in
determining the application. In weighing applications that affect directly or indirectly nondesignated HA’s, a balanced judgement will be required having regard to the scale of any
harm or loss and the significance of the HA.
The regional tier of planning is to be abolished including Regional Spatial Strategies (RSS)
and their associated housing targets. The consequence of this is that local authorities will be
responsible for determining their own housing targets. However, until the RSS is revoked, it
still forms part of the Development Plan and hence the housing figures in it are still
applicable. Whilst it is acknowledged that the Council does not have a five year supply
when measured against the figures, this in itself is not a reason for supporting all housing
proposals.
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
LQ1
LQ2
LQ4
AS1
BH3
Lifting the quality of design
Site Context
Building Design
General Development Requirements
Residential and Visitor Amenity
EMERGING PLANNING POLICY
Following the changes to national planning policy, the announcement regarding the
proposed revocation of the North West Regional Spatial Strategy, newly released population
data and the representations made on the consultation draft, the Core Strategy Preferred
Option (April 2010) has been reviewed. A reworked version of this document, renamed the
Blackpool Local Plan: Part 1 - Core Strategy: Revised Preferred Option was subject to public
consultation and the consultation ended on 21st July 2012. Given the limited state of
progress on this document, it can be afforded little weight at this time. There are no policies
within the emerging document that would contradict those in the adopted Local Plan with
regard to this proposal.
ASSESSMENT
The provision of one dwelling would assist with the Council’s five year housing land supply
and this factor is in its favour. However, in this case the following factors weigh against the
proposal – amenity, character of the area and historical significance considerations to the
extent that they outweigh the contribution of one dwelling to the Council's five year housing
land supply.
Residential Amenity
In terms of residential amenity, the impact on the occupiers of The Mount of having an
independent vehicular (and pedestrian access) to the side of it would cause issues in terms
of additional noise and disturbance because of the close proximity to the boundaries (one to
one and a half metres) and the length of the access.
The main impact would be on 79 Patterdale Avenue, which would be faced by a 12 metre
long side elevation/roof of a building along the side boundary, with a ridge height of 6.7
metres which is higher than the eaves to the rear section of The Mount. It would dwarf their
garage and impact on their amenities in terms of overdominance. This would be worsened
by the slight difference in land levels as 79 is lower than The Mount. There would be
minimal impact on privacy to 79 as there are no windows in the proposed side elevation and
little impact on overshadowing due to orientation as the proposal is to the north of 79
Patterdale Avenue.
However, the first floor windows would result in overlooking to both the property to the rear(
fronting Lomond Avenue) and to 81 Patterdale Avenue itself. Also, because the proposed
dwelling is to the south of The Mount, there would be a significant loss of daylight to the rear
of the property, particularly the relocated conservatory, and it would appear overbearing as it
would be only one metre from the rear garden boundary.
Character of the area
The immediate area is characterised by predominantly 1930's semi-detached properties, set
in long, spacious gardens, and large Victorian properties at the junction with Preston Old
Road. The agent disagrees with this assessment and considers it to be intense, cheek by
jowl inter-war housing, without an open character when viewed from the street. I would
contend that this area has a more open character than many areas in Blackpool. The
existing gap between 79 and 81 is an important feature of the street scene, which
contributes to the open character of this good quality residential area. Subdivision of the plot
would erode that character by squeezing a property into what was a side driveway.
Although it would be set well back in the garden, because of its height to the ridge, it would
appear squashed in and would block the open space between the two dwellings and
increase the built up feel of the area to the detriment of its character. The style of the
property does not reflect the character of the area and does not make a positive contribution
to the quality of the surrounding environment.
The Mount is visible from Lomond Avenue, behind a 4 metre high wall, some of the upper
floor and the ridge of the proposed dwelling would be visible and would add to the
impression of a more densely built up area.
Historical Significance:
The remaining setting of The Mount would be lost to the detriment of its particular
distinctiveness and although the main house is not listed, it has character and is a historical
asset to the borough as identified by the Council's Built Heritage Manager (Statement of
Significance). Although the agent says that part of the garden for 127 would be transferred to
The Mount to replace the side garden, this is not particularly visible from the public street
and does nothing to improve the setting of the main dwelling. The benefit of the transfer of
land would result in a larger, more useable private garden for the occupiers of The Mount
and conventional cross-funding to allow refurbishment of The Mount, however, these
potential benefits are outweighed by the impact of the proposed dwelling on the setting of
The Mount and the amenities of its occupiers. The proposed new dwelling would have a
poor relationship with the house and would detract from its setting.
Other Matters
Whilst the grandparents wish is to stay in the area for child care reasons (amongst others),
this is not in itself a reason to grant planning permission as permission runs with the land
rather than with a person; circumstances could easily change and the family relocate,
leaving the property on the open market. Nor is a personal permission an appropriate means
of controlling the development. If the grandparents current property is too large for them,
there are other properties in the vicinity which are for sale and would provide an adequate,
smaller home. Personal circumstances are rarely a reason for approving a development
which is otherwise unacceptable.
The agent comments that the low carbon and renewables aspect of the proposal has not
been taken into account. The scheme includes ground water harvesting and solar panels
(but also uses uPvc windows/doors and electric gates). Whilst these are laudable aims, they
do not outweigh the other concerns here.
The agent has submitted a drawing to show what ancillary building could be constructed as
Permitted Development in this location. This is not for consideration, however, it would not
have the same impact on the character of the street/area due to its reduced height; nor
would it impact on the neighbours in terms of loss of light or increased noise and
disturbance.
The agent refers to other schemes in support of the proposal where the Council has
approved housing, namely Briercliffe Avenue/142 Preston New Road, however, the benefit
of those schemes was the removal of a non-conforming use
in the form of
garages/workshops.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
If Committee are minded to approve the proposal, The Mount would be left without any
reasonable garden space. 127 Preston New Road has a long rear garden and there is an
agreement to transfer that portion of garden immediately behind The Mount into its
ownership, so that it has some private amenity space. This could be the subject of a
condition rather than a S106 agreement.
HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human Rights, a
person is entitled to the right to respect for private and family life, and the peaceful
enjoyment of his/her property. However, these rights are qualified in that they must be set
against the general interest and the protection of the rights and freedoms of others.
CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general
duty, in all its functions, to have regard to community safety issues as required by section 17
of the Crime and Disorder Act 1998.
ADDITIONAL BACKGROUND DOCUMENTS



Letter from Brooke Planning Consultants(in support of the application)
Letter from R.Rees ,79 Patterdale Avenue
Letter from Lambert Smith Hampton on behalf of owner of 41 Lomond Avenue
ARTICLE 31 STATEMENT (NATIONAL PLANNING POLICY FRAMEWORK para 187)
The Local Planning Authority has sought to secure a sustainable development that would
improve the economic, social and environmental conditions of Blackpool but in this case
there are considered factors - conflict with the National Planning Policy Framework and
policies of the Blackpool Local Plan 2001-2016 - which justify refusal and which could not be
overcome through negotiation.
Recommended Decision: Refuse
Conditions and Reasons
1.
The proposed bungalow would have a significantly detrimental impact on the
residential amenities of the occupants of surrounding properties, particularly 79
and 81 The Mount by virtue of its visual intrusion; the elevated location, and its
massing, design and close proximity to the common boundaries which would result
in an overbearing impact, loss of sunlight, loss of privacy, loss of outlook and a
significant increase in noise and disturbance from residents, visitors and their
vehicles. As such, the proposal would be contrary to Policies LQ1, LQ2, LQ4 and
BH3 of the Blackpool Local Plan 2001-2016.
2.
The design of the proposed dwelling, together with the loss of the side garden to
81 Patterdale Avenue (The Mount), the massing and height of the proposed
dwelling, the restricted access and restricted frontage, would represent a cramped
over- development of the site, out of keeping with the character of the area and
would be significantly detrimental to the setting of The Mount, a non-designated
heritage asset. As such, the proposal would be contrary to Policies LQ1, LQ2 and
BH3 of the Blackpool Local Plan 2001-2016.
3.
The siting of the proposed dwelling would adversely impact upon the amenities of
future occupiers of the dwelling by reason of lack of outlook at the front and thev
potential for overlooking. As such, the proposal would be contrary to Policies LQ1,
LQ2 and BH3 of the Blackpool Local Plan 2001-2016.
4.
ARTICLE 31 STATEMENT (NATIONAL PLANNING POLICY FRAMEWORK
para 187)
The Local Planning Authority has sought to secure a sustainable development that
would improve the economic, social and environmental conditions of Blackpool but
in this case there are considered factors - conflict with the National Planning Policy
Framework and policies of the Blackpool Local Plan 2001-2016 - which justify
refusal and which could not be overcome by negotiation because of the size and
location of the application site and its relationship to adjacent properties.
Advice Notes to Developer
Not applicable