OFFICERS REPORT - DELEGATED Ref No: 049994 Proposal: Erection of 4no. 1 bed dwellings Location: The Dingle, Station Road, Sandycroft, Deeside, CH5 2PT Applicant: Ms C Darlington Date Valid: 27 July 2012 Case Officer: Mr A Wells Expiry Date: 21 September 2012 Consultation & Responses Local Member: Cllr.D.E.Wisinger Agrees to determination under delegated powers. Queensferry Community Council. Objects on the following grounds: In a flood risk zone. In a hazardous substance zone. On contaminated land with associated risks. Access is unsuitable. Added traffic and machinery will increase problems. Riverbank wildlife needs to be considered due to disturbance. Head of Public Protection. If planning permission is to be granted requires condition requiring the land to be investigated and then remediated/validated prior to occupation. Head of Assets and Transportation. No objection to the proposal and confirm do not intend to make a recommendation on highway grounds. Public Open Spaces Manager. Requires £733 per dwelling be paid in lieu of on site public open space. Payment would be used to enhance existing recreation provision in the community. Dwr Cymru/Welsh Water: No objection subject to technical requirements. Countryside Council for Wales. No objection in principle provided some possible impacts are avoided. Given potential for surface water contamination from the site, measures should be put in 1 place to prevent silt laden contaminated surface water from run off into nearby watercourse. Environment Agency Wales. Would not object to finished floor levels no lower than 8m AOD. Advise to consult with Emergency Planners with regard to response and evacuation procedures. Neighbours. Two letters of objection received. The ground being that a further deterioration of the road with increased traffic would result in a danger to elderly residents manoeuvering in their vehicles. Relevant History & Policies: Adjoining site. 037051 – Change of use from recreational building to residential – Granted 29th September 2004. Flintshire Unitary Development Plan. STR1 - New Development. STR4 - Housing. GEN1- General Requirements for Development. GEN2 - Development Inside Settlement Boundaries. D1 - Design Quality, Location and Layout. D2 - Design. D3 - Landscaping. WB1 - Species Protection. WB2 - Sites of International Importance. WB3 - Statutory Sites of National Importance. AC13 - Access and Traffic Impact. HSG3 - Housing on Unallocated Sites within Settlement Boundaries. SR5 - Protecting Recreational Open Space. EWP12 - Pollution. EWP13 - Nuisance. EWP14 -Derelict and Contaminated Land. EWP 17 -Flood Risk. The proposal would comply with the above policies. 2 Planning Appraisal: Site Description and Proposals. The site comprises a raised piece of vacant land situated at The Dingle, Station Road, Sandycroft. The proposal is for the erection of 4no.1 bed dwellings and construction of car parking. Issues. The main issues to consider are the principle of development in planning policy terms, the highway implications, the flood risk, the effects upon the amenities of the adjoining residents and contaminated land risks. Principle of Development. The site is located within the settlement boundary of Sandycroft ( which is a category B settlement ). It is also within a Principal Employment Area but not allocated for employment purposes. Within Category B settlements Policy HSG3 allows for new housing development if it comprises of the renovation or replacement of an existing dwelling or (in the case of new build ) where it would result in more than 15% growth since 2000, the development is justified on the grounds of housing need. The growth rate for Sandycroft is 1.4%, therefore open market housing is acceptable on this site in principle. Highway Implications. The Head of Assets and Transportation has been consulted on the application and raises no objection upon highway grounds. Flood Risk. The site is in a flood risk area. The Environment Agency have been consulted and raise no objection provided the dwellings are set no lower than 8m AOD. The Emergency Planner has been notified , who raises no objection upon the emergency planning and rescue implications of the development. Amenities of Adjoining Occupiers. The proposals will be single storey with the existing properties also being single storey. The distance between both sets of properties will also accord with the minimum separation distances within the LPG. There is also a good screen also between the two. 3 Given the above it is considered that there will be no significant detrimental impact upon the amenities of both the existing and proposed occupiers by the development in terms of loss of privacy, light and obtrusiveness. Contaminated Land Risk. Pollution control have been consulted upon the application who advise that in terms of contaminated land that a condition requiring a site investigation survey and remediation strategy be placed upon any planning permission is sufficient. Conclusion. Given the above it is considered that the development is acceptable in planning terms. Recommendation Code: That planning permission be granted. Conditions/Reasons: 1. T01 – Time limit on commencement. 2. T02 - In accord with approved detail. 3. M02 - Matching. 4. The finished floor levels of the dwellings hereby approved shall be set no lower than 8m AOD. Reason. To protect the heath and safety of the occupiers from flooding and so comply with Policy EWP17 of The Flintshire Unitary Development Plan. 5. Foul and surface water discharges shall be drained separately from the site. Reason. To protect the integrity of the public sewerage system and so comply with Policy EWP16 of The Flintshire Unitary Development Plan. 6. No surface water shall be allowed to connect directly or indirectly into the public sewerage system unless otherwise agreed in writing by the Local Planning Authority. Reason. To prevent hydraulic overloading of the public sewerage system, to protect the heath and safety of existing residents and ensure no detriment to the environment and so comply with Policy EWP16 of The Flintshire Unitary Development Plan. 7. Land drainage run-off shall not be permitted to discharge, either directly or indirectly into the public sewerage system. Reason. To prevent hydraulic overload of the public sewerage system and pollution of the environment and so comply with Policy EWP16 of the Flintshire Unitary Development Plan. 4 8. L01 – Landscaping scheme. 9. LO2 – Implementation of proposals. 10.C03 – Contamination. 11.X01 12.X02 13.X03 14.R05 – GPDO. 15.M03 – Boundary treatment. 16.Prior to the commencement of development details to prevent silt laden contaminated surface water from running into the nearby watercourse from construction works and the development thereafter shall be submitted to and approved in writing by The Local Planning Authority. The agreed details shall be implemented in full thereafter. Reason. To protect the key wildlife features of the adjoining Dee Estuary Special Area of Conservation and Site of Special Scientific Interest and so comply with Policy WB2 and Policy WB3 of The Flintshire Unitary Development Plan. In considering this planning application the Council has acted in accordance with the Human Rights Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic society in furtherance of the legitimate aims of the Act and the convention. Notes to Applicants 1 Informatives N13 Plans Application form 27th July 2012. Date received Existing site location and block plan 01 received on 27th July 2012. Proposed floor plans 02 received on 27th July 2012. Proposed elevations 03 received on 27th July2012. Proposed site plan 04 received on 27th July 2012. 2. Your attention is drawn to the attached supplementary highway notes in particular Clause 9. 3. You are advised of the flood risks of the development with the residents signing up to Natural Resources Wales’ Floodline. 4. This permission also relates to the payment of £733 per dwelling in lieu of on site public open space. Date of Recommendation: 19th June 2014. 5 6