Land Adjacent Caddington Road & Newlands Road

AGENDA ITEM

COMMITTEE: DEVELOPMENT CONTROL COMMITTEE

DATE: 28 FEBRUARY 2018

SUBJECT: LAND ADJACENT TO CADDINGTON ROAD AND NEWLANDS ROAD, LUTON – ERECTION OF 11 SEPARATE BUILDINGS TO PROVIDE 401 DWELLINGS, COMPRISING 141 X ONE BEDROOM AND 260 X TWO BEDROOM FLATS, TOGETHER WITH CAR PARKING, LANDSCAPING AND ANCILLARY WORKS (APPLICANT: TEMPLEVIEW DEVELOPMENTS LTD)

(APPLICATION NO: 17/01862/FUL)

REPORT BY: DEVELOPMENT CONTROL MANAGER

CONTACT OFFICER: JAMES WELLS 01582 546319

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: FARLEY

PURPOSE

1. To advise Members of a current application for planning permission and to seek their decision.

RECOMMENDATION(S)

2. It is recommended that planning permission is granted subject to the completion of a satisfactory Section 106 Agreement to secure financial contributions in respect of Affordable Housing, Education, Waste Management and Parks and Trees, and subject to the following conditions:-

(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.

(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on plan numbers BE1385(29)PL01, BE1385(29)PL02 Rev A, E1385(29)PL03, BE1385(29)PL04, BE1385(29)PL05, BE1385(29)PL06, BE1385(29)PL101 Rev A, BE1385(29)PL102 Rev A, BE1385(29)PL103 Rev A, BE1385(29)PL104 Rev A, BE1385(29)PL105 Rev A, BE1385(29)PL107 Rev A, BE1385(29)PL108 Rev A, BE1385(29)PL109 Rev A, BE1385(29)PL110 Rev A, BE1385(29)PL111 Rev A, BE1385(29)PL112 Rev A, BE1385(29)PL113 Rev A, BE1385(29)PL114 Rev A, BE1385(29)PL115 Rev A, BE1385(29)PL201 Rev A, BE1385(29)PL202 Rev A, BE1385(29)PL203 Rev A, BE1385(29)PL204 Rev A, BE1385(29)PL205 Rev A, BE1385(29)PL206 Rev A, BE1385(29)PL207 Rev A, BE1385(29)PL208 Rev A, BE1385(29)PL209 Rev A, BE1385(29)PL210 Rev A, BE1385(29)PL211 Rev A, BE1385(29)PL301, BE1385(29)PL302, BE1385(29)PL303, BE1385(29)PL304, BE1385(29)PL401, BE1385(29)PL512, 6121/RS/ASP1.0 Rev A, 6121/RS/ASP1.1 Rev A, 6121/RS/ASP1.2 Rev A, 6121/RS/ASP1.3 Rev A, 6121/RS/ASP1.4 Rev A, 6121/RS/ASP2.0 Rev B, 6121/RS/ASP2.1 Rev B, 6121/RS/ASP2.2 Rev B, 6121/RS/ASP2.3 Rev B, 6121/RS/ASP2.4 Rev B.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policies LLP1, LLP15, LLP25, LLP31, LLP32, LLP37 and LLP39 of the Luton Local Plan.

(03) All planting included in the scheme(s) submitted in compliance with Condition No. 2 of this permission and approved by the Local Planning Authority shall be carried out by a date not later than the end of the full planting season immediately following the completion of that development. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the proposed development. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan and the guidance of the National Planning Policy framework.

(04) The landscaping scheme hereby approved shall be carried out by a date not later than the end of the full planting season immediately following the completion of the development hereby permitted. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan.

(05) Before any building or engineering works are commenced on site the existing trees, shrubs and/or hedges to be retained shall be safeguarded against damage or injury by the erection of fencing or other suitable protection at a distance of not less than that recommended by BS5837:2012 from the tree trunk(s) or shrubs or hedging, and no plant, materials or other objects shall be stored or placed against any of the trees, shrubs or hedges. The protection measures referred to above shall be maintained during the whole period of site excavation and construction.

Reason: To safeguard the existing trees, shrubs and/or hedges on the site. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan.

(06) The communal areas of amenity space approved as part of the development hereby permitted shall be completed and available for use prior to the occupation of any flat and shall be accessible to the occupants of all dwelling units in the scheme.

Reason: To ensure a satisfactory standard of development and to protect the amenities of the future residents of the accommodation hereby approved. To accord with the objectives of Policies LLP1, LLP15 and LLP25 of the Luton Local Plan.

(07) A management plan, including management responsibilities and maintenance schedules, for all external and shared/common areas of the development shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development for its permitted use. The management plan shall be carried out as approved.

Reason: To ensure a satisfactory standard of development and in the interests of visual amenity. To accord with the objectives of Policies LLP1, LLP15 and LLP25 of the Luton Local Plan.

(08) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i). the parking of vehicles of site operatives and visitors; ii). loading and unloading of plant and materials; iii). storage of plant and materials used in constructing the development; iv). the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; v). wheel washing facilities; vi). measures to control the emission of dust and dirt during construction; vii). a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policies LLP1 and LLP15 of the Luton Local Plan.

(09) Before the development hereby permitted is commenced a scheme detailing security measures across the site in accordance with Secured by Design guidance shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in advance of the occupation of the building(s) and shall be retained thereafter.

Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan.

(10) Secure, lockable gates or other barriers incorporating a suitable entry system allowing access only to residents shall be fitted at the entrances to the underground parking areas, in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the relevant parts of the development hereby permitted are commenced and the approved gates/barriers shall be installed and fully operational prior to the occupation of the flats.

(11) Secure, lockable doors incorporating a suitable remote entry system shall be fitted at all pedestrian entrances to the buildings, in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced and the approved doors and entry system shall be installed and fully operational prior to the occupation of the flats.

(12) Secure, covered communal cycle stores shall be provided on site in accordance with details to be submitted to and approved by the Local Planning Authority before the development hereby approved is occupied.

Reason: To ensure a satisfactory standard of development and in the interests of sustainability. To accord with the objectives of Policies LLP1, LLP25 and LLP32 of the Luton Local Plan

(13) Prior to the occupation of the development, external lighting shall be provided on the site in accordance with a scheme to be submitted to and approved by the Local Planning Authority before the development is commenced. The scheme, lighting equipment and levels of illumination should specify that lighting is of flat-glass, full cut-off design with horizontal mountings, & ensure that there is no light spill above the horizontal. The scheme shall thereafter be retained and maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

(14) Full details of the proposed boundary treatment of the site shall be submitted to and approved by the Local Planning Authority before the development is commenced and the approved treatment shall be installed before the building(s) hereby permitted is/are occupied.

(15) Full details of the materials to be used in the construction of the external envelope of the buildings in the development shall be submitted to and approved by the Local Planning Authority before the development is commenced. The development shall be carried out using the approved materials unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan and the guidance in the National Planning Policy Framework.

(16) Prior to the commencement of development, details of a scheme of measures to mitigate the impacts of climate change and to deliver sustainable and resource efficient development through energy use reduction and efficiency and renewable and decentralised energy shall be submitted to and approved by the Local Planning Authority. The scheme should achieve the 2013 Building Research Establishment Environmental Assessment Method (BREEAM) ‘Good’ status. The scheme shall be installed before occupation of the development and shall be used, retained and maintained thereafter for so long as the development remains in existence.

Reason: In the interests of sustainability. To accord with the objectives of Policies LLP1, LLP25 and LLP37 of the Luton Local Plan.

(17) The development hereby approved shall not be commenced until the necessary off-site highway works required as a result of the development have either been installed or programmed for installation, at the developer's expense, in accordance with a timetable to be agreed with the Council's Highway Development Manager. Written notification of the completion of the required works shall be provided to the Local Planning Authority before the development hereby approved is occupied.

Reason: In the interests of effective traffic management in the surrounding area and to accord with Policies LLP1 and LLP31 of the Luton Local Plan

(18) The development hereby permitted shall not be occupied until a travel plan has been submitted to and approved in writing by the Local Planning Authority. The travel plan shall include 1) proposals and measures to minimise private car use and facilitate walking, cycling and public transport use; 2) a timetable for implementation of measures designed to reduce car use and; 3) plans for monitoring and review annually for a period of five years at which time they will be reviewed by the Local Planning Authority. The travel plan shall thereafter be carried out as approved.

Reason: In the interests of sustainability and encouraging reduced car travel. To accord with the objectives of Policies LLP1, LLP31 and LLP32 of the Luton Local Plan

(19) No development shall take place until a detailed surface water drainage scheme for the site, based on the proposals set out in the Flood Risk Assessment and Drainage Strategy Ref: BE1385-33M, dated January 2018 by Matrix and drawing number BE1385-33M-510 Rev D, has been submitted to and approved in writing by the local planning authority. The drainage strategy should 1) Detail appropriate treatment stages necessary to achieve the quality of run-off corresponding with the receiving waterbody; 2) Ensure that clean roof water should be discharged separately to road run-off; 3) Fully consider all aspects of sustainable drainage systems, that is control of volume and quality of runoff, as well as providing amenity and biodiversity; 4) Ensure that the deep bore soakaways should be of a high quality design and certified by a qualified person such as a geotechnical advisor; and 5) Ensure, for the avoidance of doubt, there shall be no surface water discharge into the water channel crossing the site from any areas of hardstanding or roofing created by the development. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed and maintained while the development remains.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policies LLP36 of the Luton Local Plan.

(20) The development hereby permitted shall not be commenced until such time as a scheme that: 1) Provides an appropriate 5 metre wide buffer strip adjacent to the water channel crossing the site to enhance the water environment and 2) Sets floor levels at an appropriate height above the critical design flood level, taking all flood risks into account; has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason: To prevent the increased risk of flooding, to improve and protect water quality and improve habitat and amenity in line with Policies LLP25, LLP28 and LLP36 of the Luton Local Plan, and the guidance in the National Planning Policy Framework and the Thames River Basin Management Plan.

(21) Development shall not commence until a drainage strategy detailing any on-site and/or off-site drainage works, has been submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed. The scheme shall be implemented in accordance with the approved details before the development is occupied.

Reason: To ensure that adequate capacity is made available to cope with the development and to prevent the increased risk of sewage flooding and in order to avoid adverse environmental impact upon the community. To accord with the objectives of Policies of LLP1, LLP25 and LLP36 of the Luton Local Plan.

(22) Before the development hereby permitted is commenced a full ecological assessment, to include a protected species survey and any mitigation proposals, shall be carried out and submitted to the Local Planning Authority for approval. The mitigation measures, thereby approved shall be implemented in accordance with the approved details.

Reason: In the interests of the protection and enhancement of nature conservation interests. To accord with Policies LLP1, LLP25 and LLP28 of the Luton Local Plan.

(23) No development shall take place until details of a positive mechanical ventilation system to be installed in all residential units, has been submitted to and approved in writing by the Local Planning Authority. All Air inlets shall be positioned (1) to take in air that is lower than the Air Quality objective for nitrogen dioxide of 40μg/m3 and (2) at approved locations, at roof level, reflecting the objective of siting the said air inlets as far away from the M1 as possible.

Reason: To protect the amenities of the future occupiers of the residential accommodation hereby approved. To accord with the objectives of Policies LP1, H2 and ENV9 of the Luton Local Plan and the guidance of the NPPF

(24) The site layout, internal design and building specifications of the proposed development shall be such that the noise level within any residential unit with windows closed shall not exceed 40DBLaeq (daytime: 07:00-23:00) and 30DBLaeq (night time: 23:00- 07:00). Full details of noise insulation measures shall be submitted to and approved by the Local Planning Authority before any work is commenced. The approved insulation scheme shall be completed prior to the occupation of the development.

Reason: To protect the amenities of the future occupiers of the residential accommodation hereby approved. To accord with the objectives of Policies LLP1, LLP15 and LLP25 of the Luton Local Plan and the guidance in the National Planning Policy Framework.

(25) If, during development, any contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, a remediation strategy which details how this unsuspected contamination shall be dealt with.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policies LLP1 and LLP36 of the Luton Local Plan.

(26) No development shall take place until a multi-stage written scheme of archaeological investigation; that includes post excavation analysis and publication, has been submitted to and approved in writing by the Local Planning Authority. The said development shall only be implemented in full accordance with the approved archaeological scheme.

Reason: To record and advance understanding of the heritage assets with archaeological interest which will be unavoidably affected as a consequence of the development. To accord with Policy LLP30 of the Luton Local Plan and the requirements of Section 12 of the National Planning Policy Framework.

(27) Prior to first occupation the developer shall make provision to provide a permanent unrestricted access for the Highways Agency for maintenance vehicles to service the infiltration pond in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority in liaison with the Highways Agency.

Reason: To enable the Highways Agency to operate and maintain the infiltration pond which forms part of the M1 drainage system.

(28) The infiltration pond as identified on BE1385/29 Drawing No PL02 Rev A dated 6 November 2017 shall be fenced off on all sides and suitably secured, providing only for the Highways Agency to gain access for vehicles to service the infiltration pond in accordance with a scheme to be submitted and approved in writing by the Local Planning Authority in liaison with the Highways Agency.

Reason: To enable the Highways Agency to operate and maintain the infiltration pond which forms part of the M1 drainage system.

(29) The road lay-by as identified on BE1385/29 Drawing No PL02 Rev A dated 6 November 2017 shall be for the sole use of the Highways Agency to enable the operation and clear maintenance of the infiltration pond that it serves.

Reason: To enable the Highways Agency to operate and maintain the infiltration pond which forms part of the M1 drainage system.

REPORT

The Site and Surroundings

3. The application site is a long, almost rectangular area of land, which has a central pinch-point on its eastern side. It measures approximately 2.7 hectares in area. A balancing pond for the M1 stands just outside the site on its north-western side. It is otherwise undeveloped and covered by various trees (including small, protected woodland adjacent to the northern boundary), hedges, shrubs and wild grass. A dry drainage ditch also crosses the site from west running east to the Farley Pond on the opposite side of Newlands Road. The land levels are such that there is a noticeable gradient falling from its south-western corner and western side down to Newlands Road to the east.

4. To the north of the site across Caddington Road is built development, most notably three, four and five storey buildings on a site known as Farley Fields. To the east of Farley Fields, the area to the north of Caddington Road is characterised by lower density two storey residential development.

5. To the east of the site is Newlands Road and Stockwood Park, a Country Park situated on rising ground, which offers an extensive area of public open space. A golf course and fishing pond (Farley Pond) are located within that part of the Park nearest to the application site. The playing fields of Luton Rugby Club adjoin the site to the south, with the associated clubhouse complex beyond. The full extent of the western boundary is adjoined by the M1, which is separated from the site by a 3m high acoustic timber fence.

Relevant Planning History

6. Planning permission was granted on the site in 1997 for the erection of a bowling alley with associated car parking. Whilst the permission was deemed to have been implemented following the establishment of the site access, no further development has taken place. A Certificate of Lawfulness was approved in early June 2012 to confirm that this is the lawful proposed use of the site.

7. An application for residential development of the land was made in 2011 under application ref: 11/00890/OUT, but was withdrawn prior to being determined. The proposed residential development was then resubmitted under application ref: 12/00136/OUT, which was refused in July 2012 on four grounds namely issues relating to design, the unsustainable nature of the development (including a lack of affordable housing and financial contributions towards infrastructure improvements, which would have a detrimental impact on the town) and a failure to demonstrate appropriate levels of air-quality on the site.

8. The applicant subsequently appealed against the refusal and, following a Public Inquiry lasting 9 days, the Planning Inspector dismissed the appeal on the grounds of poor design and a lack of financial contributions towards infrastructure improvements, the absence of which would place undue strain on existing services in the town.

9. Notwithstanding the dismissed appeal, the Inspector did find that with development of the land, came significant abnormal costs (largely the need to move two gas mains crossing the site). As a consequence of these costs, the viability of the development was affected and the Inspector ruled that as the National Planning Policy Framework allows for flexibility in such cases it would not be appropriate to seek affordable housing as part of the proposals. The Council’s reason for refusal relating to air-quality was resolved with officers from Environmental Protection prior to the Inquiry and therefore was not a matter of dispute before the Inspector.

10. Following detailed discussions with the Local Planning Authority the applicant submitted a further application seeking outline consent on the land to the southeast of the drainage ditch running across the site under application ref: 14/00015/OUT. This provided a much improved scheme to the previously refused proposals and took into account the Appeal Inspector’s assessment of development of the land. The application was for 234 residential apartments with associated parking and was approved by Members at their Meeting of 23 July 2014.

11. A further outline planning permission was granted under application ref: 14/01609/OUT for 394 residential units with associated landscaping and car parking. This scheme comprised 15 blocks of residential apartments varying from 2 – 5 storeys in height. This scheme included underground parking and 4 storey blocks adjoining the M1 motorway.

12. An application was submitted under application ref: 16/01146/FUL for development of land for residential purposes, comprising the erection of 139 x one bedroom, 221 x two bedroom and 48 x three bedroom flats, 2 x A1/A3 commercial units, residential open space, landscaping and car parking. Planning permission was refused on the grounds of the excessive nature of the scale, mass and bulk of the proposed development.

13. In May 2017, application 17/00319/REM for the approval of the reserved matters of appearance, landscaping, layout and scale in accordance with indicative details approved under outline permission 14/01609/OUT, as required by Condition 2, was approved by Members.

14. In June 2017, application 17/00590/FUL for the erection of 11 buildings to provide 340 dwellings comprising 118 x one bedroom and 222 x two bedroom flats, together with car parking, landscaping and ancillary works, was approved by Members subject to the completion of a satisfactory S106 Agreement.

The Proposal

15. It is proposed to erect 11 buildings to provide a total of 401 dwellings, comprising 141 x one bedroom and 260 x two bedroom flats, together with car parking, landscaping and ancillary works.

16. The proposed development comprises 401 dwellings, including a suitable mix of dwelling types ranging from 1 to 2 bedroom apartments. The development would be delivered in 11 Blocks which would be comprised as follows:

Block 1 Bedroom 2 Bedroom Total A 12 32 44 B 12 32 44 C 10 26 36 D 10 26 36 E 14 38 52 F 31 14 45 G 12 32 44 H 12 10 22 I 8 20 28 J 8 20 28 K 12 10 12 Total 141 260 401

Planning Policy

National Planning Policy Framework (NPPF)

17. The National Planning Policy Framework (NPPF) was published in March 2012. It sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions and is referred to appropriately in the report.

18. At paragraphs 186 and 187 of the Framework, it advises that Local Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. In this case the application proposals were the subject of pre-application discussions and ongoing discussions have taken place.

Luton Local Plan 2011-2031

19. The site is identified on the Proposals Map as a Housing Allocations Site. The relevant policies are LLP1, LLP15, LLP16, LLP25, LLP29, LLP31, LLP37 and LLP39

20. Policy LLP1 sets out a presumption on favour of sustainable development

21. Policy LLP15 supports the grant of planning permission on sites not allocated for housing provided that such development would not lead to the ;loss of other uses for which there is a recognised local need.

22. Policy LLP16 requires the provision of 20% affordable housing units or an equivalent off site financial provision.

23. Policy LLP25 requires buildings and spaces to be of high quality design, with distinctive character, in particular development should make provision to enhance the character of the area by responding positively to the townscape, street scene, site and building context, form, scale, height pattern and materials, distinctiveness and natural features. In addition the policy also seeks to protect important views.

24. Policy LLP29 addresses Landscape and Geological Conservation, and identifies Stockwood Park as an Area of Great Landscape Value (AGLV), the policy seeks to support development proposals where they protect, conserve and enhance the character and setting of such designations.

25. Policy LLP31 requires the traffic implications of development to be assessed in the context of their implications on the highway network.

26. Policy LLP37 requires development to consider the impact of the development on energy and sustainability.

27. LLP39 is concerned with the level of financial contributions provided by developments and must be read in conjunction with the Supplementary Planning Document on Planning Obligations which assess what planning obligations should be sought from development. It is unlawful for a planning obligation to be taken into account when determining a planning application for development that is capable of being charged Community Infrastructure Levy (CIL) if the obligation does not meet the following tests:

1. Necessary to make the development acceptable in planning terms; 2. Directly related to the development; and 3. Fairly and reasonably related in scale and kind to the development.

In the context of this application, the development is in a category to which Regulation 122 applies. The requirement for financial contributions towards infrastructure improvements are matters which, if the development proposals are supported, would need to be secured by planning obligation. This is a proportionate obligation that is considered to comply with Regulation 122 and for which there is a clear policy basis either in the form of development plan policy or supplementary planning guidance.

Equality Implications

28. No disproportionate effect on people with protected characteristics has been identified.

Consultation Responses

29. LBC Highways Authority: The Farley Hill/Newlands Road junction is approaching capacity. Given that there is an extant planning permission that is similar in transport terms to the current application, there is no objection to the development in traffic terms. Nevertheless the exit from the site may be problematic during the a.m. peak. The extent of the highway works remain the same as previously agreed and will be subject to a Section 278 Agreement. The following previous Highway Authority comments still apply:

 The majority of the on-site road layout is not suitable for adoption, being basically car park access road and will not be of sufficient utility to the public to justify its being maintained at the public expense. It will therefore remain private and must be included in the management plan for the external areas.

 Given the fairly remote location of the site, the level of parking provided may not be sufficient to meet demand leading to a demand for kerbside parking within the development. However, the Highway Authority considers that there is little likelihood of parking being displaced onto highway in the vicinity of the site.

 Regarding the site layout, some of the bin stores are located in remote areas away from any road and well beyond the recommended walk distances for refuse collection operatives.

 The Highway Authority would object to any surface water drainage strategy that would increase the risk of flooding of the highway from Stockwood Park. While the submitted flood risk assessment addresses on site drainage, it provides no proof that flooding of the pond will not increase.

30. Lead Local Flood Authority: Following objections on flood risk and drainage grounds and the submission of a revised FRA in January 2018, the revised FRA is considered adequate in terms of showing that the site can be drained. Conditions are recommended to address water quality concerns and demonstrate no flooding of buildings during the design rainfall event.

31. Highways England: In accordance with the following Highways England comments, conditions are recommended:

 Prior to first occupation the developer will enter into a legal agreement with Highways England to provide a Legal Right for permanent unrestricted access for Highways England maintenance vehicles to service the infiltration pond

 Prior to first occupation the developer is to fence off and gate the infiltration pond in accordance with the requirements of Highways England

 The lay-by adjacent to the infiltration pond is to be marked a reserved for the sole purposes of Highways England to enable the operation and maintenance of the infiltration pond

32. LBC Parks Manager – The proposal will create additional pressure on Stockwood Park's recreational facilities which are already struggling to accommodate the needs of the existing community. The Park has historic and archaeological interest and the following planning designations: Queen Elizabeth II Playing Field and County Wildlife Site. The parks veteran tree stock has the potential to qualify the park for an SSSI designation. The current infrastructure in the recreational areas of the park is insufficient to meet current visitor demand. A sum of £35k to contribute towards dealing with the issues above should be sought from this development in addition to ensuring that the development includes safe crossings between the new community and the adjacent park. Investment in Stockwood Park to provide effective routes to the existing park facilities and infrastructure would help to alleviate the problems associated with the increase in use as a result of the new development. As previously indicated the new development will also further exacerbate issues related to children's play areas in the park which do not meet the needs of the existing community. An investment of £50k into off site play provision in Stockwood Park, the District Park for the proposed new community would help to resolve this issue. A reduction in the quantity of trees within the new development in favour of a £20k sum for replacement tree planting in Stockwood Park and the nearby woodland areas of Kidney and Bluebell woods would be preferred.

33. The applicants proposed contribution of £25,000 towards parks and trees represents a pro-rata increase on the contribution agreed when application 17/00590/FUL was considered. It is considered to be acceptable.

34. Housing Policy Officer –. The applicants proposed contribution of £1,680,000, equivalent to a 20% off site provision of affordable housing, represents a pro-rata increase on the contribution agreed when application 17/00590/FUL was considered. It is therefore considered to be acceptable.

35. Corporate Energy Manager – No comments received. Any comments received will be reported at the Meeting.

36. Strategic Planning Heritage - No comments received. Any comments received will be reported at the Meeting.

37. Luton Central Library – No comments received. Any comments received will be reported at the Meeting.

38. LBC Museum – No comments received. Any comments received will be reported at the Meeting.

39. LBC Environmental Protection: No comments received. Any comments received will be reported at the Meeting.

40. National Grid - No comments received. Any comments received will be reported at the Meeting. Has previously provided advice with respect to development around the gas mains that cross the site.

41. Health and Safety - No comments received. Any comments received will be reported to the Meeting.

42. LBC Waste Management: The level of S106 contribution appropriate for the residential element of this development having regard to the adopted Supplementary Planning Document on Planning Obligations (SPD) is £57,793. This includes the costs of the bins supply and contribution towards new vehicle and crew costs as with this scale of development there would be a need to expend current fleet. Also comments made on the current site layout and the proposed bin storage location and capacity. Some of the bin stores are located too far from the access road. The maximum distance for the RCV expected to reverse is 15 meters and the maximum distance for the crews to move the bins via pedestrian routes is 10 meters (SPD pages 32-33). There is also not enough capacity for the number of flats and each block should have their own bin store for recycling and refuse bins. A minimum of 140 litre of refuse and 140 litre for recycling should be allocated per each flat to avoid any problems with the waste being left on the floor. The applicants proposed contribution of £14,801 towards waste and recycling represents a pro-rata increase on the contribution agreed when application 17/00590/FUL was considered. It is therefore considered to be acceptable.

43. Police Architectural Liaison Officer: Following an initial objection, satisfied that crime prevention can be addressed by the provision of security measures across the site, following Secured by Design guidance, in accordance with recommended conditions.

44. Environment Agency: No comments received. Any comments received will be reported at the Meeting.

45. Thames Water: No comments received. Any comments received will be reported at the Meeting.

46. Affinity Water: No objection, subject to the proposed development being carried out in accordance with relevant British Standards and Best Management Practices thereby reducing the groundwater pollution risk.

47. Safeguarding - London Luton Airport: No comments received. Any comments received will be reported at the Meeting.

48. LBC Archaeologist: The proposed development will have a negative and irreversible impact upon any surviving archaeological deposits present on the site, and therefore upon the significance of the heritage assets with archaeological interest. This does not present an over-riding constraint on the development providing that the applicant takes appropriate measures to record and advance understanding of any surviving heritage assets with archaeological interest. Accordingly, an appropriate condition is recommended.

49. LBC Education: No comments received. The applicants proposed contribution of £1,502,020 towards primary and secondary education represents a pro-rata increase on the contribution agreed when application 17/00590/FUL was considered. It is therefore considered to be acceptable.

50. Central Bedfordshire Council: The principle of high density development is supported by Central Bedfordshire Council in view of the housing requirement for Luton and the need to make maximum use of Luton's urban capacity and reduce pressure on the surrounding Green Belt. Whilst the Council has no formal objection, we advise that regard should be had to its overall layout and design given the location of the site on the urban edge of Luton. The increased scale and the overall reduction of landscaping and open space proposed is undesirable when compared to that of the previously approved scheme. In addition, consideration should also be given to the impact of the increased scale of the development on the highway network. Affordable Housing and contributions towards education should be sought to ensure that the development does not place undue pressure on affordable housing and school places in Central Bedfordshire. The Council has no additional comments to make on the application.

51. Bedfordshire Fire and Rescue Service – Although normally dealt with at Building Regulations consultation stage, the developer’s attention is drawn to the requirements of Building Regulations ‘Approved Document B (Fire Safety) Volume 1 – Dwellinghouses’ particularly ‘B5 - Access and Facilities for the Fire Service’. With reference to multi-storey buildings (more than 4 floors), fire hydrants should be installed to ensure they are no more than 90 metres apart, with no individual building being more than 45 metres from its nearest fire hydrant. Where possible, consideration should be given to access for the hydrants so they are positioned on pathways/pedestrian areas so they are unlikely to be obstructed by parked cars / lorries.

52. Statutory Publicity: The application has been notified to 189 adjoining occupiers and site and press notices have been issued. One letter of support has been received. The writer supports the application to maximise the development of the site and provide homes for which there is a need.

MAIN PLANNING CONSIDERATIONS

53. The application provides full details of layout, design and access. The application has been submitted on the basis that the proposed residential development would assist in the provision of much needed residential accommodation.

54. Accordingly the issues that fall to be considered are as follows:

 Principle of Development  Access  Design  Impact on the Surrounding Area  Environmental Issues  Scheme Viability and Planning Obligations

. The principle of development

55. Given the site’s history, namely the granting of planning permission under application ref: 14/00015/OUT for 234 residential units, under application ref: 14/01609/OUT for 394 residential units and under application ref: 17/00590/FUL for 340 residential units with associated car parking, landscaping and ancillary works, it is evident that the principle of residential development is well established. Furthermore the Local Plan identifies an apparent need for 17,800 net additional dwellings over the period 2011 - 2031. Accordingly there is a need to make the best use of developable land if such a level of provision is to be met. The proposed development would make a contribution to meeting this housing need. Therefore, the proposed development is considered to be acceptable as a matter of principle.

56. The proposed development is therefore consistent with Policies LLP1 and LLP15 of the Local Plan.

Access

57. It is proposed to provide access to the site for both vehicles and pedestrians in approximately the same position as previously permitted under application ref: 17/00590/FUL. The access is intended to be a simple priority junction onto Newlands Road, which is located approximately halfway along the site’s frontage. The access junction will feed an on-site street system in the form of a north-south oriented street, serving two ‘basement’ car parks to the north and south of the site, which will be accessed by ramps, and surface-level car parking. A number of parking spaces are directly accessed from the street but the number is limited to safeguard the effective operation of the street as a ‘feeder’ for the car parking ‘clusters’ that are accessed from it.

58. The street will be constructed to a width of 6.0m to accommodate the movement by all types of vehicle along it but also to allow movement to and from the car parking spaces that are located perpendicular to it. Vehicle turning heads are provided in several locations.

59. The basis of the design is a main north-south street that runs parallel to Newlands Road and is connected by a short section of east-west street. The street is to be constructed with a width of 6.0m along its length. A 2m footway will be provided on both sides of the east-west street and the eastern side of the north-south street. On the western side, pedestrians will be accommodated in a mix of footways and paths that are aligned behind parking spaces. The proposed access seeks to use an arrangement which has been previously been considered satisfactory and the continuation of this arrangement is acceptable.

60. The proposal seeks to deliver 440 car parking spaces in a mix of basement and surface-level parking. The 440 spaces will be allocated on the basis of a parking space for every apartment – 401 spaces - with 20 disabled parking spaces, with an increased dimension of 3.6 x 4.9m, and the remainder for use by visitors.

61. The basement parking accommodated under blocks ‘A’, ‘J’ and ‘K’ will provide 166 car parking spaces, with 110 cycle rack spaces, and the basement parking accommodated under blocks ‘E’ and ‘F’ will provide 90 car parking spaces, with 40 cycle rack spaces.

62. The Local Plan car parking standards set out a maximum residential parking provision of 1 space per 1-bed dwelling and 2 spaces per 2-bed dwelling. The Plan states that the maximum level of residential car parking may be reduced where there areas which are highly accessible by public transport.

63. In this case, the provision of 440 spaces for 401 dwellings equates to a ratio of approximately 1.1 spaces per dwelling, which is similar to the provision accepted in the grant of planning permission under application reference 17/00590/FUL.

64. To facilitate the use of more sustainable forms of transport, the Applicant proposes a Residential Travel Plan and has indicated that a condition would be acceptable, in the event that planning permission is granted for the submission of same. The Applicant’s Highway consultant suggests that the Travel Plan, when implemented, and maintained, in accordance with a program to be agreed with the Council, will be expected to lead to a reduction in the demand for travel by private car and in parallel, a reduction in the demand for car parking.

65. In respect of cycle parking, the Council’s standards require that the development delivers 79 cycle parking spaces and this is more than achieved by the 150 cycle rack spaces in the basement car parks.

66. Given that there is an extant planning permission under application reference 17/00590/FUL that is similar in transport terms to the current application, the Council’s Highway Engineer has no objection to the development in traffic terms.

67. The Council’s Highway Engineer considers that some of the bin stores are located in remote areas away from any road and well beyond the recommended walk distances for refuse collection operatives. The applicants have advised that the development will provide for a caretaker who will coordinate the refuse collection so that bins are located for collection in an area to be agreed in partnership with the Borough Council’s waste collection services. A management plan condition is recommended accordingly.

Design

68. Good design is encouraged in section 7 of the NPPF. Local Plan Policy LLP25 also encourages high quality design. A further material consideration in the matter of design is the Inspector’s decision, in respect of application ref: 12/00136/OUT.

69. The current proposals are based on the development approved under application reference 17/00590/FUL and have been guided by pre- application discussions, the constraints of the site and the guidance from the Inspector’s decision.

70. The current proposals also retain the high pressure gas main in situ. In consequence there are safeguarding requirements regarding building on or near the pipeline. These safeguarding requirements are met in the context of the current proposals. These requirements provide a constraint on the layout.

71. The size and scale of the residential apartment blocks have been designed to respect and respond to the existing neighbouring built forms, including Farley Fields to the north. In terms of storeys, the development proposes a mix of 4, 5, 6 and 7 storey blocks with lower 4 storey blocks fronting Newlands Road. The taller buildings have been concentrated towards the northern and western areas of the site.

72. The design includes a “bonnet feature” in various forms, which allows an understated scale of development to the top storey of each of the blocks. In co-ordination with various elevational treatments this breaks up the visual scale of the buildings.

73. In comparison to the development approved under application reference 17/00590/FUL, the current proposals include:

 Blocks A and B have been raised by 1m to 2m and the semi- basement car parking is now an additional storey;  Blocks C and D are approximately as previously approved;  Block E has been moved to the north to allow Block F to be extended;  Block F has an extended footprint to provide an additional two flats per storey;  Block G has an extended footprint, similar to Blocks A, B, C and D;  Block H under croft parking is now an additional storey;  Block I has been moved to the west to provide additional surface car parking;  Block J is approximately as previously approved; and  Block K has an extended footprint and an additional storey.

74. The materials to be incorporated will consist of contemporary finishes, including a mixture of faced concrete and metal panels, which will assist in providing an attractive visual appearance. The aluminium framed glazing will match the aluminium cladding to the balcony surrounds and entrance canopies

75. It is proposed to provide additional planting to replace the tree belt which was previously located on the northern boundary of the site. Further replacement and consolidation of the existing hedgerow fronting Newlands Road and the Rugby Club to the south are also proposed.

76. The use of basement parking to meet car parking requirements for the proposal, will permit the provision of useable, amenity space throughout the site and allow high quality soft landscaping to be incorporated to deliver a development that blends with its local context and surroundings. The access road is proposed to be finished in a tarmacadam surface.

77. The scale and form of the proposed residential development, as mentioned above, has been informed by the need to incorporate a meaningful and useable, amenity space, coupled with the retention and enhancement of the existing hedgerow fronting Newlands Road and the Rugby Club to the south. It is considered that these proposals will enhance the visual appearance of the development both within and without the site.

Impact on the Surrounding Area

78. Development on the application site will change the character of the area. The Council have accepted by the grant of planning permission under application reference 17/00590/FUL that development on the land is appropriate. It is also accepted that a higher density does not necessarily equate to harm. However the site’s location provides a context for proposals, and it is this which will drive / influence development and the form and scale of that development.

79. The difficulty with this site is achieving a suitable transition between the built up urban environment to the north of the site at Farley Fields and the open rural countryside to the south. In adopting lower scale of development to the areas of the site that will be primarily visible and having a higher scale of development at key visual points (the corner of the site addressing Farley Hill and to the west of the site), and making provision for areas of useable, amenity space between buildings, an acceptable balance will be achieved that would have less of an impact on the character of the surrounding area

80. Stockwood Park boasts Green Flag status and is designated as an area of local landscape importance, a designated County Wildlife Site and an area of other nature conservation interest. It plays an important role in defining that character. The NPPF encourages a high level of protection and respect to be given to most valued landscapes and advises that planning should seek to maintain and enhance distinctive character and the local environment. This is further endorsed by Local Plan Policy LLP25, which advises that development proposals should enhance the distinctiveness and character and appearance of an area and natural features including bio diversity.

81. The buildings within the current proposals, although some blocks are higher and have an extended footprint, will be seen against the backdrop of the M1. This is considered to result in their presence being acceptable in the local landscape.

Environmental Issues

Noise

82. The site is located adjacent to the M1 and despite acoustic barriers being in place, it is subject to constant noise exposure. This is further compounded by the close proximity of the flight path of incoming and outgoing aircraft from London Luton Airport. The noise report submitted with the application advises on mitigation measures which should be implemented to achieve a suitable living environment including through specific construction of walls and roofs and the inclusion of thermal glazing, mechanical ventilation systems and acoustic trickle vents. A planning condition is recommended to ensure that minimum noise levels should be achieved within the development to ensure a good living environment for future occupiers. Environmental Protection did not object to the grant of planning permission under application reference 17/00590/FUL.

Air-Quality

83. Air Quality has been an ongoing issue on the site, which is not unsurprising given its location in relation to the M1. Previous applications have provided mitigation, and this is reflected in the previous grant of planning permission for residential development on this site. As has been previously considered appropriate, a suitably worded condition is recommended in order to secure appropriate mitigation.

High Pressure Gas Man

84. A high-pressure gas main runs through the middle of the site. It is not proposed to divert the main, and development has been arranged to accommodate the current routing. The National Grid has not previously raised any objections to the proposals.

Flooding

85. Whilst the matter of flooding has been raised and The Environment Agency has not commented, the adequacy of the Flood Risk Assessment has been agreed by the Council as Lead Local Flood Authority. As previously, a site drainage system will ensure that surface water on new roads and hardstanding will be adequately drained within the development resulting in no overspill or flooding to areas outside of the site.

Planning Obligations

Infrastructure improvements

86. In accordance with the contributions agreed when planning permission was granted under application reference 17/00590/FUL, the applicant has agreed to increased contributions, on a pro rata basis, as follows:

 £1,502,020 towards Education;

 £25,000 towards Parks and Trees;

 £14,801 towards Waste and Recycling; and

 £1,680,000 towards off-site Affordable Housing.

Insofar as Education contributions are concerned, the application approved under application reference 17/00590/FUL was based on a primary school contribution of £931,689 for the expansion of Whipperley Infant and Farley Junior Schools and a secondary school contribution of £350,970 towards the expansion of Stockwood Park Academy science labs. The applicants agreement to pro rata contributions towards Education infrastructure improvements means that the contributions for the primary contributions will increase to £420,565 and the secondary contributions will increase to £1,081,454.

Viability

87. The SPD on Planning Obligations advises that where an application includes evidence on viability, and if the Council are to accept such evidence, that such evidence should be the subject of an assessment by an independent body.

88. The Applicant has provided a viability report. The report has been the subject of an assessment by the Council’s Independent Assessor. The Council’s Independent Assessor supports the increased contributions proposed by the Applicant.

CONCLUSIONS

89. The proposed development seeks to provide 401 dwellings, 61 more dwellings than approved under application reference 17/00590/FUL. These dwellings will contribute toward housing numbers and needs prevailing in the town. In addition, contributions towards improvements to education, parks and waste management services have been offered in respect of the development.

90. The supply of housing has to be balanced against the appropriateness of the form of development on this site. It is concluded that the proposed development would meet a perceived demand, would provide a scheme which would not be out of character in this urban fringe location and would provide an appropriate transition between the urban and rural areas in this locality.

91. Subject to the completion of a S106 Agreement, in relation to contributions, including a contribution towards the provision of off-site affordable housing, the development is considered to be acceptable and will assist in meeting the towns housing needs by using the land in an efficient manner. Members are recommended to grant planning permission.

LIST OF BACKGROUND PAPERS

LOCAL GOVERNMENT ACT 1972, SECTION 100D

92. Luton Local Plan 2001–2011

93. National Planning Policy Framework (NPPF)

94. National Planning Practice Guidance (NPPG)

95. Strategic Housing Market Appraisal (SHMA)

96. Strategic Housing Market Appraisal (SHMA) Update 2012

97. Strategic Housing Land Availability Assessment (SHLAA)

98. Affordable Housing Viability Study by Three Dragons (April 2013)

99. Supplementary Planning Document: Planning Obligations.

100. Planning application 11/00890/OUT (withdrawn)

101. Planning application 12/00136/OUT (refused)

102. Appeal Decision APP/B0230/A/12/2184128 dismissed 08.08.13

103. Planning Permission 14/00015/OUT

104. Planning Permission 17/00590/FUL

DETERMINATION OF PLANNING APPLICATIONS

105. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise

HUMAN RIGHTS ACT 1998

106. The determination of the applications which are the subject of these reports is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and 2. Article 1 of the First Protocol: Protection of Property

107. The evaluation section of each report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

108. In reaching the recommendations set out in each report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

109. In dealing with planning applications on this agenda and in reaching the recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.