APPLIC REF NO 2013/212/ST
DATE RECEIVED
03/05/2013
CASE OFFICER
Graham Wraight
DATE OF EXPIRY
02/08/2013
WARD
Broomhill
WARD COUNCILLOR
Denis O’Neil
APPLICANT
MANSFIELD DISTRICT COUNCIL
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND AT BROWNLOW ROAD AND BOULD STREET
MANSFIELD
EXTRA CARE HOUSING DEVELOPMENT COMPRISING OF 30
NO HOUSES, 34 NO FLATS AND A COMMUNAL HUB
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application seeks planning permission for an extra care housing
development on land at Brownlow Road and Bould Street which also extends
onto disused allotment land. The site is currently vacant as all of the previous
housing has been demolished. The development proposed consists of 30
houses and 34 flats in addition to a communal hub and public open space.
The site is 1.84 hectares in area which would give a density of 35 dwellings
per hectare. It is bounded by Chesterfield Road South and existing shops,
dwellings and a church to the north east, and by dwellings to the north west
and south east. The land to the south west is current vacant as all previous
dwellings have also been demolished.
The development has been designed to meet the extra care needs of people
aged 55 and over and will offer flexible care with 24 hour support from social
care and health teams.
The application is referred to Planning Committee as it is a major planning
application. It is also noted that the application has been submitted by
Mansfield District Council and is on land owned by the Council.
RELEVANT SITE HISTORY
2013/0043/PR – EXTRACARE VILLAGE CONSISTING OF 64 RESIDENTIAL
UNITS WITH ASSOCIATED COMMUNAL AREA - Advised informally that
proposal may be acceptable in principle, subject to policy issues being
addressed.
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.
1)
Nottinghamshire County Council Highways
No objection, subject to conditions including the requirement to
upgrade bus stops on Chesterfield Road South in close proximity to the
site.
2)
Environment Agency
Comments will be reported verbally at the meeting.
3)
Nottinghamshire Police Force Architectural Liaison Officer
No objection
4)
Parks Manager
No objection but requests to be consulted on landscaping proposals
when available.
5)
Environmental Health Manager
No objection subject to conditions
6)
Severn Trent Water
No objection subject to a condition
7)
Members of the Public
One letter of support has been received on the grounds that the
proposal would be a good use of brownfield land, achieve a good
design and layout and provide much need living accommodation close
to Mansfield town centre.
Two letters of objection have been received on the grounds that the
proposal would create a ghetto and that parking should be provided for
shoppers and those using the Methodist Church.
One letter of observation has been received querying what phase two of the
development proposals will consist of.
POLICY & GUIDANCE
National Planning Policy
National Planning Policy Framework – sets out the Government’s planning
policies and requires that a presumption be given in favour of sustainable
development.
Local Planning Policy and Guidance
Mansfield District Local Plan 1998 Saved Policies:
Saved Policy DPS2 (28/09/07) – advises that development should be
concentrated within and adjoining the main urban areas of Mansfield,
Woodhouse and Warsop.
Saved Policy H2 (28/09/07) - advises planning permission will be granted for
housing developments within the urban boundary, as defined on the
proposals map, provided certain criteria are met.
Saved Policy H15 (28/09/07) - states that planning permission will be granted
for housing developments that include special needs accommodation.
Saved Policy H16 (28/09/07) - states that planning permission will be granted
for the development of sheltered housing schemes, residential care and
nursing homes provided that they would meet a number of criteria.
Saved Policy BE1 (28/09/07) - advises planning permission will be granted for
developments which achieve a high standard of design, listing four sets of
criteria.
Saved Policy LT6 (28/09/07) – states that planning permission will not be
granted for developments which would lead to the loss of allotment gardens,
unless an acceptable replacement would be provided or it can be
demonstrated that the allotments are no longer required.
Saved Policy M16 – advises planning permission will be granted for new
developments provided proposals meet 6 sets of criteria in respect of
transport / movement issues.
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.
Mansfield District Council Interim Planning Guidance Note 3 – Recreation
Provision on New Residential Developments – Set out the District Council’s
requirements in respect of public open space provision for new residential
developments within the District.
Mansfield District Council Interim Planning Guidance Note 7 – Affordable
Housing – Sets out the District Council’s requirements for affordable housing
provision within the District.
Mansfield District Council Interim Planning Guidance Note 10 ‘Parking for
New Developments’ – Sets out the District Council’s draft parking standards.
ISSUES
The issues for consideration are:
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The principle of the development
Design, appearance and layout
Impact upon residential amenity
S106 contributions
Highways matters
Other issues
The principle of the development
The majority of the site is previously developed land having for many years
formed part of the residential streets of Brownlow Road and Bould Street. The
redevelopment of this land meets with the objectives of the National Planning
Policy Framework (NPPF). However, part of the land was formerly used as
allotment land and this is specifically excluded from the definition of previously
developed land in the NPPF. In addition, Saved Policy LT6 (28/09/07) of the
adopted Mansfield District Local Plan requires that proposals for the
development of previous allotment land meet one of the two stated criteria;
these being that either an acceptable replacement facility is provided in the
immediate locality or that it is clearly demonstrate that the allotment gardens
are no longer required
The allotment land within the application site forms part of a much larger
allotment provision in this area. There is evidence of continued allotment use
on nearby allotments accessed via Broomhill Lane, however the vast area of
previous allotment land to the north west of Albion Street and Occupation
Lane is vacant and substantially overgrown. Based upon the availability of
allotment land in the wider area and its actual uptake and use, it is considered
reasonable to conclude that the allotment gardens which from part of the
application site are no longer required. Therefore the development meets with
the second criteria of Saved Local Plan Policy LT6 (28/09/07) and is
acceptable in principle.
Design, appearance and layout
The proposed development consists of two storey flats and houses and single
storey bungalows. It is suggested that the buildings would be brick built with
elements of stone, timber cladding and render. Roofs would be likely to be
slate and clay/concrete tiles.
The most prominent part of the site is that which fronts Chesterfield South and
where the proposed development would form an ‘in-fill’ within the existing
street scene. The development proposed here would consist of a two storey
block of flats which has an active frontage towards the main road but which is
accessed to the rear. It is considered that the scale and design of this building
is appropriate for this element of the proposed development. It is intended to
provide amenity areas to the front on this building and therefore the existing
stone wall is to be retained with a low level timber fence added above to
ensure privacy is provided due to the level differences in this area.
The remainder of the development is on land which is located behind existing
buildings on Chesterfield Road South, Albion Street and Marlborough Road. It
is considered that the design and layout of these buildings is also acceptable
and would result in a development with a positive visual impact.
The layout of the development is considered to be acceptable and
incorporates a community hub building and area of public open space. A
representation has been received that the development would create a ghetto
however the design, appearance and layout do not suggest that this is likely
to arise.
Impact upon residential amenity
The development is partly located adjacent to existing dwellings on three
roads. The proposed dwellings closest to Marlborough Road would be
bungalows and would not cause any concerns with regards to overlooking or
overshadowing. There are existing dwellings and flats fronting onto
Chesterfield Road South which have windows in their rear elevations facing
the site. Although located to the south of these windows, the proposed
development has been designed so that the building is lower at its closest
point to the existing dwellings. Furthermore, prior to the demolition of the
dwellings on Brownlow Road and Bould Street there would have been a
similar relationship with these dwellings on Chesterfield Road South.
Amendments have been made to overcome concerns about overlooking from
proposed communal balconies and it is considered that this matter has been
successfully addressed. On balance, I am satisfied that the impact upon
existing properties on Chesterfield Road South would be acceptable.
It is also proposed to site development facing towards existing properties on
Albion Street. It is however considered that the distance between the existing
and proposed dwellings is adequate to minimise any impact from overlooking
or overshadowing. There are some small balconies proposed on the rear
elevations however due to their size and the distances involves there are no
concerns with regard to these.
Section 106 contributions
The proposal is an extra care facility for those aged 55 and over and therefore
it would not be reasonable to require on-site affordable housing be provided
or for a contribution towards primary school places to be sought given the
restrictive nature of the development. The drawings submitted show that
amenity space would be provided on-site and Nottinghamshire County
Council have not sought a contribution towards highway works. In light of the
above, it is not considered that any S106 contributions are required.
Highways matters
The Highways Authority has considered the impact of the development on the
surrounding highway network and has raised no objection to the proposal,
subject to conditions in relation to improvements to nearby bus stops, highway
infrastructure, visibility splays and drainage. Conditions to address these
issues are therefore proposed.
A condition to restrict the development being brought into use until a
pedestrian footpath link is provided to connect the site to Broomhill Lane &
Chesterfield Road South has also been requested by the Highways Authority
and this has been contend by the applicant on the basis that it is unnecessary
as a pedestrian link exists via Marlborough Road and when the second phase
is developed in the future a pedestrian link would be provided. Having regard
to the case provided by the applicant it is accepted that there is an alternative
pedestrian route and the development of the second phase would resolve the
issue which the Highways Authority seek to address by the condition. It is
therefore considered that this condition is not necessary.
The proposal would provide 65 car parking spaces which is in accordance
with the requirements of the Council’s Draft Interim Planning Guidance Note
10: Parking for New Residential Developments as the site is served by a
frequent bus service. Furthermore, the requirement of the Highway Authority
to upgrade nearby bus stops on Chesterfield Road South would improve bus
services in the locality by upgrading pavement accessibility and providing real
time services displays.
Comments have been received on behalf of the Methodist Church which
request that car parking provision is made within the site for the church and
shops fronting Chesterfield Road South, given that there will now be less on
street car parking following the closure of Bould Street and Brownlow Road.
While it is noted that the proposal will result in less on street car parking, the
Methodist Church has its own car park and there would still be some on street
car parking in the immediate locality. Furthermore, as detailed above, the
Highways Authority has raised no objection.
The proposed access arrangements and car parking provision is considered
to be in full conformity with Saved Policy M16 of the Mansfield District Local
Plan.
Other matters
The plans submitted indentify this development as ‘phase one’ and make
reference to a ‘phase two’ development stage. It has been queried by a
member of the public as to what phase two would entail and it is advised that
this refers to the land between the application site and Broomhill Lane. It is
envisaged that this land is likely to be used for residential purposes which
may be market housing or extra care development however this has not been
determined at the present time and would be subject to a planning permission
being obtained.
CONCLUSION
The principle of redeveloping the brownfield land on Bronwnlow Road and
Bould Street is considered to be acceptable. The allotment gardens which are
within the site are not in use and do not appear to be in demand. The design,
appearance and layout are acceptable and the development would not have
an adverse impact upon residential amenity, highway safety or car parking. It
is considered that the proposal accords with the objectives of the National
Planning Policy Framework and Saved Policies DPS2, H2, H15, H16, BE1,
LT6 and M16 of the adopted Mansfield District Local Plan.
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 following
plans:
Existing site location plan, drawing no.E01A, received on 03/05/13
Proposed site location plan, drawing no.P01D, received on 10/07/13
Site plan, drawing no.P51B, received on 27/06/13
Apartment block A, drawing no.P30A, received on 27/06/13
Apartment block B, drawing no.P31A, received on 27/06/13
Proposed communal building, drawing no.P20A, received on 27/06/13
Flat type F1, drawing no.P32, received on 03/05/13
Flat type F2, drawing no.P33, received on 03/05/13
Bungalow type B1, drawing no.P12, received on 03/05/13
Bungalow type D1, drawing no.P11, received on 03/05/13
House type WF1 & WF2, drawing no.P08, received on 03/05/13
House type H1, drawing no.P07, received on 03/05/13
Roof plan and site sections/elevations drawing no.P50A, received on 12/07/13
Boundary walls and fencing, drawing no.P200, received on 03/05/13
Pergola details, drawing no.P201, received on 03/05/13
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: the interests of visual and residential 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 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 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.
(5) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Condition: Building operations shall not be commenced until details of the
surface water and sewage disposal proposals serving 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.
(6) Reason: To ensure that the development is provided with a satisfactory
means of drainage as well as to reduce the risk of creating or exacerbating a
flooding problem and to minimise the risk of pollution.
(7) Condition: The hours of work during construction and the delivery of
materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on
Sundays and Bank Holidays.
(7) Reason: In the interests of residential amenity.
(8) 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.
(8) Reason: In the interests of residential amenity.
(9) Condition: The development shall not be brought into use unless or until
the bus stops on Chesterfield Road South located outside Fishers General
Store (203 -205 Chesterfield Road South) and opposite Scotts Hair and
Beauty Salon (209 -211 Chesterfield Road South) have been upgraded to
include solar lit shelters with fully lit bus stop poles with ¾ timetable cases and
bus stop flags, raised kerbed bus boarders, and dropped kerbed wheelchair
and pushchair access, real time displays and bus stop clearways/cages to the
satisfaction of the Local Planning Authority (LPA).
(9) Reason: To promote sustainable travel.
(10) Condition: Within 3 months of the commencement of development
details of the new road shall be submitted to and approved in writing by the
LPA including longitudinal and cross sectional gradients, parking provision,
turning facilities, access widths, visibility splays, street lighting, drainage and
outfall proposals, construction specification and provision of and diversion of
utilities services.
(10) Reason:
standards.
To ensure the development is constructed to adoptable
(11) Condition: No part of the development hereby permitted shall be brought
into use until the existing site access on Chesterfield Road South opposite
Oddles Fancy Dress Hire (176 Chesterfield Road South) that has been made
redundant as a consequence of this consent and as shown on plan P51B is
permanently closed and the access crossing reinstated as footway in
accordance with the County Council’s current Highway Design
(11) Reason: In the interest of highway and pedestrian safety
(12) Condition: No part of the development hereby permitted shall be brought
into use until the visibility splays are provided in accordance with the
approved plans. The area within the visibility splays referred to in this
condition shall thereafter be kept free of all obstructions.
(12) Reason: To maintain the visibility splays throughout the life of the
development and in the interests of general Highway safety.
(13) Condition: No part of the development hereby permitted shall be brought
into use until all drives and any parking or turning areas are provided,
surfaced in a hard bound material (not loose gravel), with any communal
parking bays clearly delineated. The surfaced drives and any parking or
turning areas shall then be maintained in such hard bound material for the life
of the development.
(13) Reason: To reduce the possibility of deleterious material being deposited
on the public highway (loose stones etc) and in the interest of the safety of
users of the highway.
(14) Condition: Pedestrian visibility splays of 2.0 metres x 2.0 metres shall be
provided on each side of the vehicle access. These measurements are taken
from and along the highway boundary. The areas of land forward of these
splays shall be maintained free of all obstruction over 0.6 metres above the
carriageway level at all times.
(14) Reason: In the interest of highway & pedestrian safety.
(15) Condition: Any proposed soakaway shall be located at least 5.0m to the
rear of the highway boundary and any proposed septic tank shall be located
at least 10.0m to the rear of the highway boundary
(15) Reason: To protect the structural integrity of the highway and to allow for
future maintenance.
(16) Condition: No part of the development hereby permitted shall be brought
into use until the access driveway / parking / turning area (s) are constructed
with provision to prevent the unregulated discharge of surface water from the
driveway /parking/turning area(s) to the public highway in accordance with
details first submitted to and approved in writing by the LPA. The provision to
prevent the unregulated discharge of surface water to the public highway shall
then be retained for the life of the development
(16) Reason: To ensure surface water from the site is not deposited on the
public highway causing dangers to road users.
(17) Condition: Details of measures to prevent the deposit of debris upon the
adjacent public highway shall be submitted and approved in writing by the
LPA prior to any works commencing on site. The approved measures shall be
implemented prior to any other works commencing on site and facilities shall
be maintained in working order at all times and shall be used by any vehicle
carrying mud, dirt or other debris on its wheels before leaving the site so that
no mud, dirt or other debris is discharged or carried on to a public road.
(17) Reason: To reduce the possibility of deleterious material being deposited
on the public highway (loose stones etc).
(18) Condition: No part of the development hereby permitted shall be brought
into use until such time as a suitable maintenance agreement has been put in
place to cover the future maintenance of any land within the site that will not
belong to the dwellings, or be part of the public highway.
(18) Reason: In the interests of Highway safety.
(1) Note to Applicant
The bus stop enhancement works and specification should be agreed with
Nottinghamshire County Council, Transport & Travel Services, 0115-9774608
and carried out at the expense of the applicant/developer.
(2) Note to Applicant
This consent will require approval under Section 19 of the Nottinghamshire
County Council Act 1985 and where the new streets are to be adopted an
Agreement pursuant to Section 38 of the Highways Act 1980 will be required.
Please contact Nottinghamshire County Council to ensure that approvals and
agreements are secured before commencement of works.
(3) Note to Applicant
In order to carry out the off-site works required you will be undertaking work in
the public highway which is land subject to the provisions of the Highways Act
1980 (as amended) and therefore land over which you have no control. In
order to undertake the works you will need to enter into an agreement under
Section 278 of the Act.
(4) Note to Applicant
The applicant should note that notwithstanding any planning permission that if
any highway forming part of the development is to be adopted by the
Highways Authority, the new roads and any highway drainage will be required
to comply with the Nottinghamshire County Council’s current highway design
guidance and specification for roadworks.
a) The Advanced Payments Code in the Highways Act 1980 applies and
under section 219 of the Act payment will be required from the owner of the
land fronting a private street on which a new building is to be erected. The
developer should contact the Highway Authority with regard to compliance
with the Code, or alternatively to the issue of a Section 38 Agreement and
bond under the Highways Act 1980. A Section 38 Agreement can take some
time to complete. Therefore, it is recommended that the developer contact the
Highway Authority as early as possible.
b) It is strongly recommended that the developer contact the Highway
Authority at an early stage to clarify the codes etc. with which compliance will
be required in the particular circumstance, and it is essential that design
calculations and detailed construction drawings for the proposed works are
submitted to and approved by the County Council (or District Council) in
writing before any work commences on site.
Correspondence with the Highway Authority should be addressed to:Mr Pete M Evans,
Principal Highways Development Officer (North)
Nottinghamshire County Council,
Communities Department,
Highways North,
Welbeck House,
Darwin Drive,
Sherwood Energy Village,
Ollerton,
Nottinghamshire,
NG22 9FF
01623-520733 peter.m.evans@nottscc.gov.uk
(5) Note to Applicant
No part of the proposed building/wall or its foundations, fixtures and fittings shall
project forward of the highway boundary.
(6) Note to Applicant
The proposed development requires the stopping up of parts of the highway
on Brownlow Road & Bould Street, Mansfield. The grant of planning
permission for this development does not authorise the obstruction or the
stopping up or diversion of this public right of way/highway and an unlawful
obstruction to the right of way/highway is a criminal offence and may result in
the obstructing development being required to be removed. A separate
application for an Order stopping up of the highway under SS247 & SS257 of
the Town & Country Planning Act 1990 will be required. This order will have to
be obtained and confirmed before the development is substantially complete.
POSITIVE AND PROACTIVE STATEMENT
The Local Planning Authority worked positively and proactively with the agent
to overcome concerns that were raised during the determination process.
29/07/2013