PLANNING COMMITTEE DATE 14/02/2011
APPLIC REF NO 2010/798/NT
DATE RECEIVED
30/11/2010
CASE OFFICER
Simon Dutfield
DATE OF EXPIRY
01/03/2011
APPLICANT
MRS GILL FURNISS
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND TO THE REAR OF 66-70 CLIPSTONE ROAD WEST
FOREST TOWN NG19 0BU
APPLICATION FOR APPROVAL OF RESERVED MATTERS
(LAYOUT, SCALE, APPEARANCE AND LANDSCAPING)
FOLLOWING OUTLINE APPROVAL FOR RESIDENTIAL
DEVELOPMENT OF 11 NO. DWELLINGS
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT APPROVAL OF RESERVED MATTERS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application is for the approval of reserved matters for the erection of 11
dwellings. Outline planning permission for 11 dwellings was granted on 5th
December 2007 with all matters reserved, except for means of access. The
application has been referred to Planning Committee as a result of the
number of objections that have been received.
The proposal comprises;
3 x 2 bed terraced dwellings;
4 x 2 bed semi- detached dwellings, and
4 x 4 bed detached properties.
The three terraced properties would have a single parking space each,
although adequate land exists within each curtilage to accommodate an
additional parking space to the front of each unit.
The remaining properties have between 2 – 4 parking spaces per dwelling,
dependant upon the house style.
The properties are of traditional design and appearance utilising brick and tile
and incorporate detailing in the form of cills, brick ‘headers’ and dental
courses, with the 4 of the six house types incorporating a canopy porch to the
front elevation.
Access to the site is via land located between Nos. 68 and 70 and has already
been approved as part of the outline planning application.
PLANNING COMMITTEE DATE 14/02/2011
RELEVANT SITE HISTORY
2005/0223/ET: Outline planning application for 4 dwellings with double
garages. Land at 66 Clipstone Road West. Refused planning permission
26/05/05. The reasons for refusal were that the application was contrary to
criteria contained in policies H2 and BE1 of the Local Plan.
An appeal was lodged and dismissed against the refusal of planning
permission.
2005/1039/NT: Residential development for 2 detached bungalows with
double garages. (resubmission of 05/223/ET). Land at 66 Clipstone Road
West. The application was refused on the grounds that it would be contrary to
criteria contained in policies H2 and BE1 of the adopted Local Plan.
An appeal was lodged and dismissed against the refusal of planning
permission.
Both of the applications and associated appeals related to the development of
land to the rear of No. 66 Clipstone Road West, and involved the partial
demolition of an attached garage to the side of the property in order to gain
access to the land to the rear.
2007/0843/NT. Outline planning application including means of access for 11
dwellings, land to the rear of 66-70 Clipstone Road West. Granted Outline
Planning Permission on 05/12/07 subject to a number of conditions. The
following matters were given full consideration as part of the application.
2010/0517/NT. Planning application for renewal of extant outline planning
permission planning permission ref. 2007/0843/NT. The application was
refused planning permission on the grounds that by virtue of the amendments
to PPS3, garden land is not now classified as previously developed land, and
that the development of the land would now be out of character with the
surrounding area.
Although this earlier application was refused, the applicants subsequently
submitted this current application for the approval of reserved matters in
respect of the outline application before the time limit expired. This being the
situation, and the principle of residential development ahs been approved on
this site, it is just the reserved matters which must be considered.
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.
PLANNING COMMITTEE DATE 14/02/2011
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.
1)
Head of Operations (Highways)
No objections in principle, subject to conditions which include speed
restriction measures to be provided.
2)
Environmental Health Manager
Raise no objections subject to to conditions.
3)
Central Networks.
No objections.
4)
Tree officer.
Some concern with respect to the detailing of the proposed landscaping
scheme in terms of the relationship of trees to houses.
5)
Members of the Public.
4 objections have been received to the application from local residents. The
main grounds of objection are summarised below.
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Concern of impact of any development upon trees within neighbours
gardens which may overhang the site.
Boundary fence needs improving/security to boundary.
Possible concerns with respect to overlooking
Noise/disturbance.
Garden grabbing.
Highway safety.
Town houses out of character with the area.
Nos. of dwellings should be reduced to 4 properties.
POLICY & GUIDANCE
National Policy
PPS 3 – Planning Policy guidance Note 3 – Housing. Sets out the National
planning policy framework for delivering the Governments housing objectives.
Sets out a number of objectives including achieving sustainable
developments, and high quality housing stock, with a suitable mix of housing
and in suitable numbers.
There has been several recent changes in Government policy, with gardens
to residential properties excluded from the definition of previously developed
PLANNING COMMITTEE DATE 14/02/2011
‘Brownfield’ land, and the minimum density requirements of 30 dwellings per
hectare being deleted from PPS 3.
Planning Policy statement: Planning and Climate change - Supplement to
Planning Policy 1 December 2007. The document specifies that Local
Planning Authorities should expect new developments to …give priority to the
use of sustainable drainage systems, paying particular attention to the
potential for water harvesting and encourage layouts that accommodate
waste water recycling.
Saved Local Plan Policies (28/09/07)
Policy BE1 sets out the design criteria that need to be met for all new
developments.
Policy H2 presumes in favour of residential development within the urban
boundary providing certain criteria are met.
The Mansfield District Local Plan identifies the site as being within the defined
urban boundary.
Interim Planning Guidance (IPG’s)
IPG Note 3: Recreational Provision on New Residential Developments Seeks contributions towards POS provision on any new residential
development in excess of 6 dwellings.
ISSUES
The main issues for consideration relate to the following matters.
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Whether or not the development accords with the approved outline
planning application.
Loss of garden land.
Highway Safety.
Reserved Matters detail
Loss of residential amenity.
Compliance with outline planning permission.
Outline planning permission was granted for 11 dwellings in 2007 and the
current application seeks the approval of reserved matters in respect of
layout, scale, landscaping and appearance.
Concerns have been expressed by a local resident that the proposed number
of dwellings on site is excessive. However, the number of dwellings proposed
as part of this application, 11, is no different to the numbers approved with the
original outline planning permission, At the time of granting the outline
planning permission, based on the indicative plan submitted, it was
demonstrated that the site could accommodate 11 dwellings.
PLANNING COMMITTEE DATE 14/02/2011
A condition imposed on the outline planning application (condition 16)
required the applicants to enter into a Section 106 Agreement with respect to
the payment of a commuted sum towards public open space provision in
accordance with IPG note 3. This condition still applies, and it will be
necessary for the applicants to enter into an appropriate agreement prior to
the commencement of any work on site.
Loss of garden land.
Whilst PPS3 has been amended to exclude garden land from the definition of
brownfield land, it is reiterated that this application is simply for the approval of
reserved matters in respect of an existing outline planning permission, which
has accepted the principle of the use of the land for residential purposes, and
as such this is not a matter open to further consideration.
Highway safety.
The outline planning permission included details of the access and this was
approved at that stage and is therefore set by that decision. It is noted that the
internal highway layout is not to current standards in respect of speed
restriction measures and it considered that this can be dealt by a condition
which has already been imposed on the outline application that requires full
details of road construction etc to be submitted for approval.
Reserved Matters
Layout
The layout submitted is similar to that provided as an indicative scheme
submitted with the original outline planning application.
The proposed dwellings would have garden sizes which generally meet the
Councils normal minimum standards, although two of the terraced properties
have proposed garden depths of 8m, less than the guidance depth of 10 m,
while one would have 48 square metres of private rear garden area as
opposed to the guidance area of 55sqm However, due to the orientation of
these dwellings, when considered against this reduction in garden depth,
would not result in any problems of overlooking, and that the smaller garden
size of a single property would not justify a reason for refusal. By virtue of the
position of the neighbouring properties large rear garden, sufficient privacy is
achieved to the neighbouring property.
Scale.
The proposed development provides for a mix of residential properties as
advocated by PPS3 and as such it would be difficult justify resisting the
construction of the 3 terraced properties on the site. All of the dwellings are
two storey in height. The surrounding properties in the neighbourhood are a
mix of individual designed bungalows and houses. The levels fall away in
PLANNING COMMITTEE DATE 14/02/2011
southerly direction, and the incorporation of two storey dwellings on site would
relate well to the scale and character of surrounding properties.
Landscaping.
A landscaping scheme has been submitted as part of the application.
However, some concerns have been raised with respect to the suitability of
the scheme due to the closeness of proposed trees to the dwellings and it is
therefore proposed that further details be provided through the imposition of
an appropriate condition. The design and access statement indicates that the
existing boundary hedging is to be retained. Members of the public have
raised concerns about the loss of trees, however, the applicants would have
no rights to undertake works to trees outside of the application site, although
they would be able to cut back any trees that overhang their boundary.
Appearance.
The proposed development comprises a mix of residential properties of
different types and sizes. The detailing and materials however would create a
common architectural thread through the development. Articulation has been
used on primary elevations to provide visual interest and break up the mass
and scale of the dwellings. The combination of house types and styles will
add interest to and create and acceptable street scene.
Loss of residential amenity.
With regard to possible overlooking, apart from two of the dwellings, the rear
elevations of the properties are all set 10 metres away from rear/side
boundaries and sufficient screening exists, or could be required by condition,
to ensure that there is no loss of residential amenity through overlooking.
Where side elevations face the side boundaries, first floor windows to the side
elevation serve bathrooms, and accordingly these will be obscure glazed and
as such there is no loss of residential amenity.
Boundary treatments have also been an area of concern. These matters can
be resolved through appropriate landscaping and a condition requiring
suitable boundary treatments being approved prior to the commencement of
any works on site is proposed.
The issues of noise and disturbance have also been raised as a concern from
residents and it must be accepted that there will be an element of noise during
the construction period, however a condition on the outline permission
restricts the hours of operation at the site and this should mitigate against
these concerns.
PLANNING COMMITTEE DATE 14/02/2011
CONCLUSION
Overall, the proposal makes provision for a suitable form of development that
would relate well with its surroundings, incorporating a mix of residential
properties of appropriate scale and design. It is therefore recommended that
approval of reserved matters be granted.
RECOMMENDED CONDITIONS/REASONS/NOTES
SUMMARY OF REASONS FOR DECISION
The application has been considered within the context of saved policy H2
[28/09/07] of the adopted Mansfield District Local Plan, and would appear to
comply with the criteria contained there-in. In the opinion of the local Planning
Authority there are no other material planning considerations to be taken into
account that would warrant a decision at variance with the above.
(1) This permission shall be read in accordance with the following plans:
Site Location Plan. Drg. 10/072-01 received 30/11/10
Site Layout. Drg. 10/072-02 received 30/11/10
Detached garages. Drg. No. 10/072-10 received 30/11/10
Plans and elevations plots 4,5,10 and 11. Drg. No. 10/072-05 received
30/11/10
Plans and elevations plot 6 Drg. No. 10/072-06 received 30/11/10
Plans and elevations plot 7 Drg. No. 10/072-07 received 30/11/10
Plans and elevations plot 8 Drg. No. 10/072-08 received 30/11/10
Plans and elevations plot 9 Drg. No. 10/072-09 received 30/11/10
Plans and elevations plots1-3 Drg. No. 10/072-04 received 30/11/10
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(1) Reason: To define the permission, for the avoidance of doubt.
(2) Not withstanding the submitted details, No development shall take place
until there has been submitted to and approved in writing by the Local
Planning Authority a scheme of landscaping. Such a scheme shall include as
appropriate: details of proposed and existing shrubs and hedgerows including
details of those to be retained and any to be removed, planting plans, written
specifications including cultivation and other operations associated with plant
and grass establishment, schedules of plants noting species sizes and
proposed numbers/densities where appropriate and a programme of
implementation. All planting, seeding or turfing indicated in the approved
PLANNING COMMITTEE DATE 14/02/2011
scheme shall be carried out in the first planting and seeding seasons following
the occupation of the building or the completion of the development,
whichever is the sooner, and any plants which within a period of five years
from the completion of the development die, are removed, or become in the
opinion of the Local Planning Authority seriously damaged or diseased, shall
be replaced in the next planting season with others of similar size and
species, unless the Local Planning Authority gives written consent to any
variation. The development thereafter shall be undertaken in accordance with
the approved details.
(2) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(3) 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) No development shall commence until details of the proposed roofing
material 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.
(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) No development shall commence until a plan indicating the positions,
design, materials and type of walls, fences and other means of enclosure to
be erected within and along the boundaries of the site 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 before
the buildings are occupied.
(5) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy H2 (28/09/07)
of the adopted Mansfield District Local Plan.
(6)
No part of the development hereby permitted shall be brought into use
until pedestrian visibility splays of 2.0 metres x 2.0 metres are provided on
each side of the vehicle access. These measurements are taken from and
along the highway boundary. The areas of land within these splays shall be
maintained free of all obstruction over 0.6 metres above the carriageway level
at all times.
(6) Reason: In the interests of pedestrian safety.
(7) Any proposed soakaway shall be located at least 5.0m to the rear of the
highway boundary.
PLANNING COMMITTEE DATE 14/02/2011
(7) Reason: In the interests of highway safety.
(8) Prior to the commencement of any works on site, details of means of
access to the rear of plot 2 shall be submitted to and approved in writing by
the Local Planning Authority, with any approved scheme being implemented
prior to the dwelling on plot two being occupied.
(8) Reason: To ensure the proposal meets the required standard.
PLANNING COMMITTEE DATE 14/02/2011