2003/0514 Officer Report Burton

APPLICATION NO 2003/0514 APPLICANT Mr T J Cole DEVELOPMENT Planning permission to build a house and a bungalow LOCATION Plots 2 & 3, land north of Church Farm Mews, Burton-upon-Stather PARISH BURTON-UPON-STATHER WARD Burton-upon-Stather & Winterton SUMMARY RECOMMENDATION Grant permission subject to conditions REASONS FOR REFERENCE TO COMMITTEE Third party request to address the committee Objection by Burton Parish Council Member 'call in' (Councillor B Regan) POLICIES Humberside Structure Plan: Burton is a selected settlement. North Lincolnshire Local Plan: Burton is a minimum growth settlement and policy H1 applies which restricts new housing in minimum growth settlements to infill plots of up to three dwellings. The site lies within the development boundary (policy ST3). The site is in the conservation area: The Local Planning Authority has a duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. In 1998 planning permission was refused for five dwellings on this site and an appeal to the Secretary of State was lodged and dismissed. In 1999 planning permission was granted on this site for three detached dwellings. CONSULTATIONS Highways: No objections providing that the access to each dwelling is completed before that dwelling is occupied. ## Parish Council Archaeology: Recommend a condition securing implementation of a programme of archaeological work in accordance with a written scheme of investigation to be submitted to the local planning authority before development commences because of the potential for archaeological finds on the site. Contamination: The Council's Environmental Protection Officer has recommended that a study be undertaken to identify the nature of previous activities on the site – because it has previously been used for farming there is a risk of potential contamination. A condition can deal with this issue. Object to the development on the following grounds: - The proposed buildings are out of keeping with the existing Mews development, which is a careful restoration of original farm buildings in the Burton conservation area. - If the plots must be developed, members believe that two single-storey cottage buildings in the same style as the Mews development would be more in keeping. - Residents in 6 and 7 Church Farm Mews and the proposed house would suffer loss of privacy as the lounge, kitchen and dining area of the existing properties would be looking directly into the bedroom area of the proposed house. - Members are particularly concerned about the narrow tarmacked bottle-necked access road to the rear of the Mews, which is only wide enough for one vehicle and is at a right angle to the existing building. Two further properties would generate at least two, potentially many more, additional vehicles where parking and turning space is severely limited. There is possibly a need for a wall-mounted angled mirror for vehicles to see any other oncoming vehicle. - Members urge the Highways Officer to visit the site to assess how vehicles could be safely manoeuvred, turned and parked. This has safety implications for emergency and delivery vehicles. There is insufficient parking and turning space for visitors in general. - The Council understands that the tarmac surface was not meant to be permanent and feels that it should be blocked paved to the same standard as already exists. - Members share the same concern as existing residents that their quality of life and privacy will be reduced by the increased density. - There is still concern about the capacity of the drainage and sewage system if further understanding is introduced. Church Farm Mews has suffered severe flooding in the recent past. Members question the adequacy of soakaways to deal with the surface water. - The Council draws your attention to the dangerous state of the rear wall of the site, which urgently needs attention. - Finally, an inspector’s report on application 97/1487 which went to appeal mentioned local plan policy 47 requiring high standards of design and layout and that the fact that this site is in the Burton conservation area, where ‘failure to respect the intimate qualities of this site would also mark a failure to preserve its quality and appearance’. PUBLICITY Receipt of the application has been advertised, as has receipt of the amended plans. Neighbour notification has also taken place on the original application and submission of the amended details. In response 17 letters have been received: 11 to the original submission and 6 to the amended details. One of these letters is in the form of a petition containing 12 signatures. All the letters received object to the application and raise the following issues: - The development will result in a loss of privacy, particularly to dwellings to the north of the site on St Andrews Drive. - Because of activity associated with the new development, and particularly throughout the construction period, nearby dwellings will experience nuisance from an increase in noise. - The development will overlook nearby residential development both on St Andrews Drive and in Church Farm Mews. - There will be a loss of natural daylight to rear gardens, particularly in St Andrews Drive. - There is no need for additional dwellings in Burton – the village is large enough already. - If built, the properties will block the view of the church, particularly from properties in St Andrews Drive. - The development will have a detrimental impact on the existing access and car parking arrangements for residents of Church Farm Mews. - If approved, the design and materials used in the construction of the properties should be in keeping with the conservation area. - The area experiences surface water drainage problems, particularly at times of high rainfall. - During the construction period there will be significant levels of disturbance to surrounding residential properties. - The access road that serves the application site is very narrow and turns through 90°. A mirror or vision device should be placed at the corner to improve highway safety for vehicles visiting the site and dwellings generally in this area. - Any development on this site should be single-storey only. If anything is built on this site it will be to the detriment of the architectural and historical quality of the converted barn which forms part of Church Farm Mews. - Church Farm Mews is a tightly developed area where car parking difficulties are experienced from time to time. If this development is approved, visitor car parking particularly will be compromised even more than the existing situation. - 6, 7 and 8 Church Farm Mews have lounges at first floor level. These will be overlooked by the first floor windows in the proposed house which is opposite. - The site is bounded by a tall brick and stone boundary wall. This should be retained and repaired at all times as it is part of the character of this site and area generally. ### Assessment This proposal is to build two detached properties: a bungalow and a conventional house. Amended plans have been submitted changing the design from that which was originally submitted and confirming changes in materials. The changes have been brought about in order to make the proposed development fit in more closely with the character and appearance of the surrounding properties and conservation area. The development, by virtue of its design and setting, does enhance and preserve the character of the conservation area. The site is bounded to the north by an existing brick and stone wall approximately 2 m high which is in need of repair and renovation. The site is generally flat and forms part of a former farmyard which was developed as Church Farm Mews some years ago. The determining issues in this case are whether or not the dwellings, by virtue of their design and siting, will have an unduly adverse effect on the living conditions of neighbouring properties by reason of overlooking, loss of privacy, and overshadowing, and secondly whether or not the development is in keeping with the character of the area, and enhances and preserves the Burton conservation area. This site has previously had planning permission for three dwellings and which is still valid. Therefore, with regard to the principle of developing this site for residential purposes, there can be no objections and the presumption must be in favour of granting this proposal. However, the objections that have been raised need careful consideration. The objections which relate to loss of privacy, noise, overlooking and loss of light are not substantive reasons on which planning permission can be refused because of the proximity of the site to the private gardens and dwellings in St Andrews Drive and the design and layout of Church Farm Mews. The development will be visible from the rear gardens of St Andrews Drive but one of the properties is to be a bungalow and the only windows at first floor level in the house serve a bathroom and an en suite bathroom. There will be no loss of privacy on the living conditions of those properties to the north. With regard to loss of view, this is not a valid planning objection. With regard to the impact of the development on vehicle parking and traffic movement on Church Farm Mews and the area generally, this site has always been considered suitable for residential development and the private drive which serves Church Farm Mews and the application site are considered to be adequate for such levels of traffic. It is clear from studying the history of this site that the access road has been designed in order to cater for the level of traffic created by the total development at Church Farm Mews. Earlier in this report it has been said that amended proposals have been submitted. These amendments were considered necessary because of the design and materials to be used in the construction of the properties. The designs have now been altered to have windows more in keeping with the character of the conservation area and more in keeping with those used in Church Farm Mews, together with the use of stone and brickwork together which is characteristic of the area more generally. It will be necessary to impose a condition requiring the roof to be clad in natural clay pantiles (a local material evident throughout Burton and other villages in the rural areas of North Lincolnshire). Because of the design of the properties, and the fact that no windows directly overlook private areas, and taking into account the distance of windows from the properties, it is not considered that there is any need to require the development to be totally single-storey. A condition can be imposed requiring that no additional windows are placed in either of the dwellings and that no dormers or rooflights are fitted in the bungalow in order to prevent overlooking resulting in the future. The boundary wall around part of the site will need to be retained and repaired and an appropriate planning condition can deal with this issue. The surface water drainage problems that, according to the objectors, are evident on the site are noted and subject to a satisfactory scheme of surface water disposal being agreed with the council before the development proceeds, this development will not add to any existing problems. It has been suggested that to build anything on this site will be to the detriment of the architecture of the area and the history of the site. This has been given some consideration and the county archaeologist has recommended a condition to require that the archaeology and history of the site is recorded before development proceeds. The historic part of this site, ie the enclosed area formed by the wall and the existing barns on the site, is already preserved by the fact that they have been converted into dwellings. A sense and feel of enclosure will be preserved by the retention of the wall. In conclusion, the principle of this development is sound because of the granting of the previous approval and the status of Burton in the North Lincolnshire Local Plan. The scheme has also been designed in such a way that it enhances and preserves the character and appearance of the conservation area and, together with the fact that the designs have been tailored so they do not adversely impact upon the living conditions of those residential properties and garden areas closest to the site, all suggest that this development is acceptable. Subject to the imposition of appropriate conditions, therefore, the application should be approved. ### Recommendation Grant permission subject to the following conditions: 1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Reason To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. No dwelling shall be occupied until the vehicular access to it from the private driveway and the vehicle parking facilities serving it have been completed. Once complete these facilities shall be retained. Reason In the interests of highway safety. 3. No dwelling on the site shall be occupied until the private driveway has been completed to a standard to be agreed beforehand in writing with the Local Planning Authority, up to its junction with the vehicular access to that dwelling. Reason In the interests of highway safety. 4. No development shall take place before a phased risk assessment of the potential for existing land contamination of the site and a programme for carrying out any remediation works deemed necessary as a result of the assessment has been submitted to and agreed in writing by the local planning authority. Any remediation works agreed shall be carried out in accordance with the agreed programme. Reason To address potential hazards arising from the former uses of the site in terms of land contamination and to ensure appropriate measures are undertaken as part of the development. 5. No development shall take place until the applicant, or their agents or successors in title, has agreed in writing with the Local Planning Authority a scheme for the protection or the recovery and recording of all archaeological remains affected by the works. The development shall then take place in accordance with the agreed scheme. ### Reason The site lies in an area of archaeological interest. ### 6. Prior to the commencement of any development a scheme for the provision and implementation of surface water drainage shall be submitted and agreed in writing with the Local Planning Authority. The works/scheme shall be constructed and completed in accordance with the approved plans. ### Reason To ensure a satisfactory method of surface water drainage. ### 7. Before the house on plot 3 is first occupied, the two windows at first floor level in the north elevation shall be obscure glazed and shall thereafter be retained in that condition. The type and style of glazing shall be agreed in writing with the local planning authority before any development commences. ### Reason To minimise the potential for overlooking. ### 8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order with or without modification), no new windows or other openings, or alterations or extension to the roofs shall be made to either of the dwellings on plots 2 and 3, nor to the eastern elevation of the house (and garage) on plot 3, without the granting of a specific planning permission in that regard. ### Reason To prevent the overlooking of adjacent development. ### 9. The garage doors to the dwellings on plots 2 and 3 shall be constructed of hardwood. ### Reason To ensure that the development is in keeping with its surroundings. 10. The roofs of the dwellings on plots 2 and 3 shall be covered in natural (non-interlocking) clay pantiles. Reason To ensure that the development is in keeping with its surroundings. 11. No development shall take place until a full schedule of all external facing materials has been submitted to and approved in writing by the Local Planning Authority to include all bricks, joinery products, roof coverings, rainwater goods and external finishes, and only the approved materials shall be used. Reason To enable the Local Planning Authority to ensure that the building is in keeping with its surroundings, in the interests of visual amenity.