Minutes:
Councillor Shepherd declared a prejudicial interest as an objector was known to him and he left the meeting during consideration of this item.
The Development Control Manager presented the applications, for conservation area consent for the demolition of a dwelling and planning permission for the redevelopment of the site to provide 8 self contained flats comprising of 6, 2 bed and 2, 1 bed flats, with 4 parking spaces to the rear.
The Development Control Manager outlined the 3 main issues. The relationship with the surrounding properties; any possible overlooking aspects; and the impact of the proposal on the street scene and the St Leonard’s Conservation Area.
He stated the officers’ views were that the impact on the neighbouring properties was acceptable as the mass of the rear of the proposal had been reduced, the windows in the side elevations would be obscure glazed and the terrace would be screened on the north and south sides. The design was considered acceptable and was in keeping with the street scene.
The Development Control Manager reported that Natural England had recommended that a bat survey be carried out, and if any were present, mitigation measures implemented prior to granting of consent. Officers considered that a condition requiring a survey to be carried out and any necessary mitigation measures implemented prior to commencement would be sufficient.
The Landscape and Tree officer had considered the trees at the front of the property and concluded that, as the trees would out grow their location, there was no objection to them being felled.
The Environmental Health Officer recommended a noise survey to establish if the site was suitable for residential development and the addition of a condition regarding an investigation for land contamination. The Development Control Manager reported that, given the existing use of the site for residential purposes, these requirements were not considered necessary.
18 additional representations had been received. The majority of these raised no new issues but they did reiterate objections concerning the loss of a building making a positive contribution to the character of the conservation area, inappropriate design of the replacement building, lack of amenity space, rights of access over the rear lane, and highway safety associated with the use of rear access/width of access.
The recommendation for planning permission was for approval with additional conditions concerning detailed floor levels and ridge heights, the location and size of the site compound, the proposed hours of construction works, the detailed size/design/external appearance of the refuse store and bio-mass boiler/store, a bat survey and obscure glazing. An amendment was also proposed to Condition 8 to insert the following “Notwithstanding submitted drawing no. AP (0) 12”.
The recommendation for the conservation area consent was for approval subject to any further representations received being considered by the Head of Planning Services in consultation with the Chair of the Planning Committee. An additional condition was proposed requiring a bat survey.
Councillor Branston attended the meeting and spoke on this item having given notice under Standing Order No. 44. He made the following points:-
· access to rear of property was of an inadequate width
· why were there only 4 parking spaces? How would the spaces be allocated?
· development would put pressure on already congested parking in the area
· proposed balcony was obtrusive
· development would result in loss of mature trees which would change the appearance of the street scene and a family home
· volume of the proposal was almost twice that of the neighbouring pair of semi-detached properties
· demolition would result in the loss of a 1950’s building of character with a distinctive arch chimney stack
· the proposals would not enhance the Conservation Area
· he therefore asked the Planning Committee to refuse the applications.
Professor Rodger (representing local residents) spoke in opposition to the planning application. He made the following points:-
· the proposal would affect the light to no. 72 and no. 80 Heavitree Road as their front doors were to the side of their properties; that was why the present property was set back
· the rear access was not wide enough for the proposed parking
· this would create a precedent to develop properties with large gardens and this would effect the character of the conservation area
· the volume of the proposal was far greater than that of the neighbouring semi detached properties.
Mr Dow (representing local residents) spoke in opposition to the conservation area application. He made the following points:-
· the public were not given sufficient time in which to respond to the application
· this was a 1950’s property which was of architectural merit in particular the arch chimney stack
· the access to the rear was inadequate.
Some Members had concerns regarding the loss of amenity space, bulk and massing of the proposal being out of keeping with the street scene and inadequate parking. Other Members were of the opinion that the building to be demolished had a neutral effect on the conservation area and that the proposed building was of good design and in keeping with the street scene.
Questions were asked with regards to a site inspection and adequate refuse storage, in particular the need to ensure enough recycling bins.
The Development Control Manager confirmed that a site inspection had taken place but the plans had since been amended to reduce the rear wing of the proposal and that refuse storage details were conditioned to ensure that they would be adequate.
RESOLVED that planning permission for redevelopment to provide eight self-contained flats, parking and associated works be approved subject to the following conditions:
1) C05 - Time Limit - Commencement
2) C15 - Compliance with Drawings
3) C17 - Submission of Materials
4) C35 - Landscape Scheme
5) C37 - Replacement Planting
6) No part of the development hereby approved shall be occupied until each resident in the car free element of this development has been issued with a travel pack containing locations of local and major shopping, leisure and public transport facilities, together with times of the services, and that they will not qualify for residents’ on street parking permits in this area, in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.
Reason: To ensure that residents of the five free flats are aware of this status.
7) No part of the development hereby approved shall be occupied until the off-street parking facilities shall have been provided, surfaced and marked out in accordance with the requirements of this permission and retained for that
purpose at all times.
Reason: To ensure that adequate facilities are available for the traffic attracted to the site.
8) Notwithstanding submitted drawing no. AP (0) 12, the flats hereby approved shall be not occupied until screens to protect neighbours privacy have been erected to the proposed terraces in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority. The screens shall be permanently retained for this purpose.
Reason: In the interests of privacy and amenity of neighbouring properties.
9) The development hereby approved shall not commence until details of the proposed finished floor levels and overall ridge heights of the building, in relation to an agreed fixed point or O.S datum, and the ridge heights of adjoining properties, have been submitted to, and been approved in writing by, the Local Planning Authority. Thereafter the development shall be completed in accordance with the approved levels unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of the visual amenities of the area and the residential amenities of the occupants of surrounding properties.
10) Prior to the commencement of the development hereby approved details of the location and size of the site compound, the proposed hours of construction works and the detailed size, design and external appearance of the refuse store and bio-mass boiler/store, shall be submitted to and approved in writing by, the Local Planning Authority.
Reason: In the interests of the visual amenities of the area and the residential amenities of the occupants of surrounding properties.
11) Prior to the commencement of the development hereby approved a bat survey shall be carried out to establish whether there are any bats present in the existing building. A copy of the survey shall be submitted to the Local Planning Authority for approval. If the survey reveals the presence of bats no work on the implementation of the development shall take place until appropriate mitigation measures have been submitted to and agreed in writing by, the Local Planning Authority. Reason: To establish if bats are present within the building and ensure appropriate mitigation measures are in place to protect them if necessary.
12) Notwithstanding the information shown on drawings Nos. AP (0) 04 C and AP (0) 10 A all of the side facing windows to Flat 4 on the first floor of the building shall be fitted with obscure glazing in accordance with details which shall previously have been submitted to and approved in writing by, the Local Planning Authority. Thereafter the obscure glazing to these windows and all other windows annotated on the plans as obscure glazed shall be permanently retained in situ unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the residential amenities of the occupants of surrounding properties.
RESOLVED that conservation area consent for demolition of dwelling be granted subject to any further representations received being considered by the Head of Planning Services in consultation with the Chair of the Planning Committee and the following conditions:
1) C08 - Time Limit - L.B. and Conservation Area
2) The demolition hereby approved shall not be carried out until a building contract has been entered into for the erection of the replacement building by planning permission no. 06/2567/03 and satisfactory evidence to that effect has been produced to the Local Planning Authority.
Reason: In the interests of the appearance of the Conservation Area.
3) Prior to the commencement of the demolition hereby approved a bat survey shall be carried out to establish whether there are any bats present in the existing building. A copy of the survey shall be submitted to the Local Planning Authority for approval. If the survey reveals the presence of bats no work on the demolition of the building shall take place until appropriate mitigation measures have been submitted to and agreed in writing by, the Local Planning Authority. Reason: To establish if bats are present within the building and ensure appropriate mitigation measures are in place to protect them if necessary.