NORTHAMPTON BOROUGH COUNCIL PLANNING COMMITTEE Your attendance is requested at a meeting to be held at the Guildhall on Wednesday, 28 May 2003 at 6:00 pm.
RJB MORRIS Chief Executive and Town Clerk
AGENDA
1. APOLOGIES
2. MINUTES
3. DEPUTATIONS / PUBLIC ADDRESSES
4. MATTERS OF URGENCY WHICH BY REASON OF SPECIAL CIRCUMSTANCES THE CHAIR IS OF THE OPINION SHOULD BE CONSIDERED
...... 5. LIST OF CURRENT APPEALS AND INQUIRIES D Simpson Report of Head of Planning, Transportation and Regeneration 838702 (copy herewith)
6. FRINGE AREA APPLICATIONS None.
7. NORTHAMPTONSHIRE COUNTY COUNCIL APPLICATIONS
...... (A) N/2003/0454 - ERECTION OF SINGLE STOREY N Matta EXTENSION TO PROVIDE AN ADDITIONAL CLASSROOM, 838528 GROUP ROOM , COVERED LINK, COVERED PLAY AREA AND STORES AT ABINGTON VALE LOWER SCHOOL, ASHFORD CLOSE Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: Weston
...... (B) N/2003/0506 - SINGLE STOREY NURSERY UNIT N Matta EXTENSION AT BRIAR HILL LOWER SCHOOL, THORN 838528 HILL Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: St James
...... (C) N/2003/0526 - ERECTION OF NEW PRIMARY SCHOOL N Matta WITH ASSOCIATED CAR PARKING AND PLAYING 838528 FIELDS AT LAND ADJACENT TO ST MARY'S MIDDLE SCHOOL, GRANGE ROAD Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: Eastfield
8. NORTHAMPTON BOROUGH COUNCIL APPLICATIONS None.
9. PRINCIPAL ITEMS
...... (A) N/2002/1096 - DEMOLITION OF EXISTING GARAGES AND G Jones STORE, AND ERECTION OF 7 FLATS AT 49-55 838916 STANHOPE ROAD Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: Kingsthorpe
...... (B) N/2003/0210 AND 0211 - VARIATION OF CONDITIONS 4 L Richards AND 2 OF PLANNING PERMISSION 97/0080 TO PERMIT 838999 OPENING UNTIL 0030 HOURS AND PERMIT PERMANENT USE OF PREMISES FOR FUNCTIONS NOT ASSOCIATED WITH THE CRICKET CLUB AT NORTHAMPTONSHIRE COUNTY INDOOR CRICKET CLUB, COUNTY GROUND, ABINGTON AVENUE Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: Abington
...... (C) N/2003/0271 - DEVELOPMENT OF 67 DWELLINGS, J Chance LINEAR PARK AND ASSOCIATED WORKS, BARN 838909 CONVERSION AND DEMOLITION OF BUILDINGS AT TUNNEL HILL FARM, ROTHERSTHORPE ROAD Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: St James / Delepre
...... (D) N/2003/0415 - OFF-SITE HIGHWAY IMPROVEMENTS, J Chance NEW ACCESS AND ERECTION OF EIGHT FLOODLIGHTS 838909 AT FERNIE FIELDS SPORTS GROUND, MOULTON LEYS Report of Head of Planning, Transportation and Regeneration (copy herewith) Ward: Parklands
...... 10. SCHEDULE OF PLANNING APPLICATIONS FOR R Fox CONSIDERATION 838985 Report of Head of Planning, Transportation and Regeneration (copy herewith)
...... 11. ENFORCEMENT MATTERS R Fox Report of Head of Planning, Transportation and Regeneration 838985 (copy herewith)
12. OTHER REPORTS
...... (A) ODPM PLANNING AND ACCESS FOR DISABLED C Meeham PEOPLE: A GOOD PRACTICE GUIDE 837809 Report of Head of Planning, Transportation and Regeneration (copy herewith)
...... (B) PROTOCOL ON PROBERTY IN PLANNING R Fox Report of Head of Planning, Transportation and Regeneration 838985 / (copy herewith) L Amas 837334
...... (C) THE DETERMINATION OF PLANNING APPLICATIONS R Fox Report of Head of Planning, Transportation and Regeneration 838985 (copy herewith)
...... (D) DESIGN CODES FOR UPTON, SOUTH WEST DISTRICT L Richards Report of Head of Planning, Transportation and Regeneration 838999 (copy herewith)
13. LIST OF DELEGATED APPLICATIONS
...... (A) LIST OF DELEGATED APPLICATIONS APPROVED D Simpson Report of Head of Planning, Transportation and Regeneration 838702 (copy herewith)
...... (B) LIST OF DELEGATED APPLICATIONS REFUSED D Simpson Report of Head of Planning, Transportation and Regeneration 838702 (copy herewith)
...... 14. LIST OF DEFERRED APPLICATIONS R Fox Report of Head of Planning, Transportation and Regeneration 838985 (copy herewith)
15. THE CHAIR TO MOVE: “THAT THE PUBLIC BE EXCLUDED FROM THE REMAINDER OF THE MEETING ON THE GROUNDS THAT THERE IS LIKELY TO BE DISCLOSURE TO THEM OF SUCH CATEGORIES OF EXEMPT INFORMATION AS DEFINED BY SECTION 100(1) OF THE LOCAL GOVERNMENT ACT 1972 AS ARE LISTED AGAINST SUCH ITEM OR ITEMS OF BUSINESS BY REFERENCE TO THE APPROPRIATE PARAGRAPH OF SCHEDULE 12A TO SUCH ACT.”
A3628 This page is intentionally left blank Agenda Item 5
NORTHAMPTON BOROUGH COUNCIL
PLANNING COMMITTEE 28 MAY 2003
LIST OF CURRENT APPEALS AND INQUIRIES
Planning Appeals
N/2001/286 Demolition of former lift testing tower at Express lifts testing tower, Weedon Road - To be dealt with by Public Inquiry on 8-11 July 2003 (DTLR APP/V2825/E/02/1105003) N/2002/128 Erection of 22 apartments - Approval of Reserved Matters pursuant to N/2000/323 at 544-548 Wellingborough Road – Dealt with by Public Inquiry on 29 and 30 April 2003 N/2002/0543 Change of use of ground floor only from bank to amusement arcade at 36 Abington Street – To be dealt with by Public Inquiry on 5 June 2003 (DTLR Ref APP/V2825/A/02/1102631) N/2002/0714 Variation of condition no.2 of planning permission N/2001/1075 to allow opening on Bank Holidays and Sundays at 6 Boothville Green, Woodside Avenue - To be dealt with by written representations (APP/V2825/A/02/1106709) N/2002/750 Erection of two B2/B8 units with ancillary offices and car parking with associated landscaping, bunding to the north and east and the formation of a lagoon at Milton Ham, Junction 15A, M1 Motorway/A43 - To be dealt with by Public Inquiry on 10-13 June 2003 (DTLR APP/V2825/A/02/1104793) N/2002/768 Variation of condition no.3 of planning permission 98/0175 to allow the premises to remain open until midnight on Thursdays and 01:00 hours on Fridays and Saturdays at The Picturedrome, Kettering Road – To be dealt with by written representations (APP/V2825/A/03/1113042) N/2002/777& Single storey extension with basement at East Wing, Regency Place, Newport N/2002/778 Pagnell Road, Wootton – To be dealt with by written representations (APP/V2825/A/03/1112145) N/2002/0946 Retrospective consent for construction of mezzanine floor at Units 7 & 8 Nene Valley Retail Park - To be dealt with by written representations (APP/V2825/A/02/1106898) – APPEAL DISMISSED N/2002/1113 Erection of 10.3 metre ultra slim monopole with 3no. antennae and equipment cabinet at land adjacent to Pastures Park, Welford Road - To be dealt with by written representations (APP/V2825/A/02/1106894) N/2002/1351 Temporary change of use to retail use of building fronting St.James Mill Road and warehousing use to the rear building at 20 St James Mill Road, St James Business Park – To be dealt with by Local Hearing (APP/V2825/A/03/1116073) N/2002/1352 Change of use from retail shop to amusement centre with ancillary catering and retail sales on ground floor and ancillary tanning centre on first floor at 7 Abington Street – To be dealt with by Public Inquiry on 22 July 2003 (APP/V2825/A/03/1107682) N/2002/1674 Development of site for B2 and B8 uses with ancillary offices, associated landscaping, formation of a lagoon and public open space - outline application at Milton Ham. Junction 15A, M1 Motorway/A43 – To be dealt with by Public Inquiry on 10 June 2003 (APP/V2825/A/03/1110825)
C:/winnit/profiles/dsimpson/personal/appealslist 19/05/03 The Address for Planning Appeals is Mr K Pitchers, The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN.
Local Government (Access to Information) Act 1985 Background Papers
The Appeal Papers for the appeals listed.
Author and Contact Officer
Mr D W Simpson, Support Services Manager Telephone 233500 Extension 4504. Planning Transportation and Regeneration Division Cliftonville House, Bedford Road, Northampton, NN417NR.
C:/winnit/profiles/dsimpson/personal/appealslist 19/05/03
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NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/454 Location : Abington Vale Lower School, Ashford Close Proposal : Erection of single storey extension to provide an additional classroom, group room, covered link, covered play area and stores Officer : Nathan Matta
Recommendation:
NO OBJECTION to the application.
Site Description and History:
Abington Vale Lower School was built in the mid 1960’s, primarily at single storey height. It is situated in a predominantly residential area.
The application which is to be determined by the County Council (who are the applicants) consists of a single storey extension to provide an additional classroom, group room, covered link, covered play area and stores. These changes are considered necessary to accommodate additional pupils following the Northampton Schools Review.
Planning Policy:
Northamptonshire County Structure Plan Policies: GS5, T3 and T8 Northampton Local Plan Policies: L2, E20, H19 and T22.
Representations:
Any representations will be made to the County Council.
Appraisal:
It is considered that the siting and scale of the proposed extensions are acceptable and would be unlikely to detrimentally detract from the character and appearance of the existing building nor the residential amenities of neighbouring properties.
The height of the new extensions vary between approximately 2.77 and 4.6 metres, which will be in keeping with the existing heights of the building. Much of the design of the extensions will also closely match the appearance of the existing school building.
The extension will not result in the significant loss of playing fields. This page is intentionally left blank
This page is intentionally left blank Agenda Item 7b NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/506 Location : Briar Hill Lower School, Thorn Hill Proposal : Single storey nursery unit extension Officer : Nathan Matta
Recommendation:
NO OBJECTION IN PRINCIPLE to the application, however the extension should be redesigned and the footpath re-routed to avoid damage to existing trees and the materials proposed should be re-considered.
Site Description and History:
Briar Hill Lower School is a primarily single storey building situated within a predominantly residential area.
The application which is to be determined by the County Council (who are the applicants) consists of an extension to provide a nursery unit. The development would consist of an internal and external play area, office and parents observation room, WCs, laundry and shower room, kitchen and stores. A new pedestrian gate and footpath to link up with an existing public footpath are also proposed.
These changes are considered necessary to accommodate additional pupils following the Northampton Schools Review. In this instance, it is proposed that numbers at Briar Hill Lower School are to be increased from 270 to approximately 420.
Planning Policy:
Northamptonshire County Structure Plan Policies: GS5, T3 and T8 Northampton Local Plan Policies: L2, E20, H19 and T22.
Representations:
Any representations will be made to the County Council.
Appraisal:
The proposed extension which is to the east of the main building will reduce the distance between the school and the adjacent residential flats from approximately 27 metres to 11.5 metres. However, it is considered that the building would be unlikely to detrimentally affect the amount of light and outlook presently enjoyed by occupiers because the height of the extension nearest these properties is only 3.7 metres. The overall extension measuring between approximately 3.7 and 5.55 metres high will be in keeping with the scale of the existing school buildings. The windows shown in the eastern side elevation should be glazed with obscured glass to ensure no overlooking into the residential properties.
The proposed materials to be used in the development consist mainly of copper cladding. It is preferable that these materials be submitted to the Council for consultation to ensure that the extension does not detract from the visual amenities of the existing building nor the surrounding area.
The proposed extension is in close proximity to the base of a mature Alder tree (approximately 4 metres) and a younger Maple tree (approximately 2 metres). The heights of the trees on the plans are inaccurate, with the Alder tree being approximately 15 metres high and the Maple tree, 9 metres high. It is considered that the Alder tree does contribute significantly to public amenity. Although it is proposed to retain these trees, the size and location of the extension would undoubtedly damage the roots of the trees. To ensure no damage to the trees, parts of the extension should be relocated and tree protection fencing erected 6 metres away from the Alder and 3 metres away from the Maple. Within this area no development works shall take place on, over or under the ground, no vehicles shall be driven, no materials or waste shall be deposited, no bonfires shall be lit or the ground level altered during the periods of development.
In addition, the new footpath should be relocated to ensure that continual compaction from pedestrians does not affect the tree roots of the Alder.
The extension will not result in the significant loss of playing fields.
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Planning Committee Item No
28 May 2003
Planning Application N/2003/526 Report of Head of Planning, Transportation and Regeneration Erection of a primary school with associated car parking areas and Author/Contact Officer: playing fields Nathan Matta Land adjacent to St.Mary’s Middle Tel: 01604 838528 School, Grange Road
Recommendation
NO OBJECTION IN PRINCIPLE to the proposal subject to: (i) Sport England and the Secretary of State (if necessary) being satisfied about the loss of existing playing fields and the adequacy of their replacement (ii) The incorporation of a pedestrian link from the eastern boundary of the site into the new School (iii) The footway to the north of the new access road being increased to 2.5 metres to accommodate pedestrian flows (iv) Alterations to the new access road and bus turning/pickup zone to allow adequate manoevring space for buses exiting the site through the proposed gates (v) Adequate provision for the safe storage of cycles within the site (vi) A scheme for the replacement of those trees damaged or felled during construction (vii) Access to the site being reviewed should St Mary’s Middle School be re-developed.
1. Background 1.1. The site is in a prominent position located close to the junction of Grange Road and Booth Lane North. This area is characterised by a mix of residential dwellings and educational institutions (including, St Mary’s Middle School, Weston Favell Upper School, The Arbours Lower School and Northampton College). 1.2. The site is designated as a school site in the Northampton Local Plan.
2. The Proposal 2.1. The application which is to be determined by the County Council (who are the applicants) is for the erection of a new primary school. Following the Northampton Schools Review, it is proposed that St Gregory’s Primary School closes, and relocates to this site. 2.2. The school would be adjacent to St Mary’s Middle School which is likely to remain open for a temporary period.
3. Planning Policies 3.1. Section 54A of the Town and Country Planning Act 1990 (as amended) requires an application for planning permission to be determined in accordance with the Development Plan unless material considerations indicate otherwise. 3.2. The current Development Plan comprises the Northamptonshire County Structure Plan and the Northampton Local Plan. Policies GS5, T3 and T8 of the Structure Plan and Policies L2, E20, H19 and T22 of the Local Plan are considered relevant.
4. Representations 4.1 Any representations will be made to the County Council.
5. Observations 5.1. The principle of developing a new school on this site is considered acceptable. 5.2. At present, there are no provisions for pedestrian access from Booth Lane North nor any provision for the safe storage of cycles. In addition, the footway to the north of the new access road should be widened to accommodate large pedestrian and cycle flows. These issues need to be addressed to reduce the reliance on the car. 5.3. The school and its associated facilities are located a sufficient distance away from residential properties and are screened by large zones of vegetation, therefore it is considered that the development would be unlikely to adversely impact on the residential amenities of neighbouring properties. 5.4. It is considered that the size and scale of the building would not detract from the character of the area, nor affect the residential amenities of neighbours. The development varies from single to two storey height which helps to provide character to the building, as does the introduction of a variety of roof designs. However, it could be argued that the design of the building does not allow for a significant contribution to the townscape along Booth Lane North.
5.5. The school is located towards the centre of the site and is flanked by a large area of parking around one side and a playing field and running track on the other side. There are significant areas of land around the school which do not appear to have any function, and these emphasise the modern design and break with traditional approach. 5.6. The large areas of vegetation will screen much of the site and the new security fence measuring approximately 1.8 will not detract from the visual amenities of the locality.
6. Background Papers 6.1. File: N/2003/526
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This page is intentionally left blank Agenda Item 9a
Planning Committee Item No
28 May 2003
Report of Head of Planning, Planning Application N/2002/1096 Transportation and Regeneration Demolition of Existing Garages and Author/Contact Officer: Store and Erection of 7no. Flats Gareth Jones Principal Planning Officer 49-55 Stanhope Road
Tel: 01604 838916
Recommendation
That the application be APPROVED subject to conditions.
1. Background and Proposals
1.1. The application site is presently occupied partly by the premises of BHL Aerials and by a series of lock-up garages arranged in a courtyard. The site is identified as Primarily Residential in the Local Plan.
1.2. The application is for the demolition of the existing business premises and garages and to erect seven flats with car parking. Three of the proposed flats would be housed in a new two-storey building fronting Stanhope Road. This building would be attached to no 49 Stanhope Road and continue the existing terrace. Vehicular access from Stanhope Road would pass through this building to a courtyard car park area, which would provide parking for 10 cars. The courtyard would also incorporate secure cycle and bin storage for each flat. At the rear of the site a second new two-storey building is proposed, which would accommodate four flats.
2. Planning Policies
2.1. Section 54A of the Town and Country Planning Act 1990 requires an application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The current Development Plan comprises the Northamptonshire County Structure Plan (1996-2016) and the Northampton Local Plan.
2.2. Structure Plan Policies H6, T8, T10, H12 and H15 and Local Plan Policies E11, H6, H10, H12, H15, H17, T9 and T10 are relevant.
2.3. PPG 3 - Housing and PPG13 - Transport are also relevant.
3. Representations
3.1. Public consultation on the application took place when the application was first submitted and subsequently following the submission of revised plans, which amended the appearance of the proposed front elevation. This process resulted in the following representations:
• A letter of objection from Sally Keeble MP a copy of which is reproduced at appendix A;
• 41 letters of objection for nos. 74, 86, 88, 90, 96, 98, and 110 Balmoral Road, nos. 25, 27, 33, 37, 38, 39, 41, 43, 45/47, 47, 48, 50, 54, 57, 58, 59, 61, 62, 78 and 82, and 22 Cranbrook Road. These letters raised concerns / objections regarding the loss of and increased demand for parking, overdevelopment of the site, loss of privacy, light and outlook, quality of design and impact on the street scene, house should be built in stead of flats, demolition of the garages would make neighbouring houses less secure, backland development would be out of character with the existing pattern of development, increased traffic would compromise highway safety, disruption during demolition and construction would increase noise and disturbance, and light pollution from the flats;
• A total of 64 copies of the same letter of objection were received in response to the initial proposals from nos, 7, 8, 9, 11, 16, 19, 20, 25, 26, 28, 33, 34, 35, 37, 38, 39, 41, 42, 43, 44, 45, 47, 48, 50, 52, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 70, 71, 78, 80, 83, 85, 86, 90, 92, 94 and 96 Stanhope Road, nos. 66, 74, 76, 80, 86, 88, 90, 96, 98, 108, 110, 112, 114, 118 and 120 Balmoral Road and 22 Cranbrook Road. A copy of one of these letters is reproduced at appendix B;
• A petition of objection to the initial proposals of 83 signatories from residents of nos. 7, 8, 9, 11, 16, 19, 20, 25, 26, 28, 33, 34, 35, 37, 38, 39, 41, 42, 43, 44, 45, 47, 48, 50, 52, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 70, 71, 72, 78, 80, 83, 85, 86, 88, 90, 92, 94 and 96 Stanhope Road, nos. 66, 74, 76, 80, 86, 88, 90, 96, 98, 108, 110, 112, 114 and 118 Balmoral Road, and 22 Cranbrook Road;
• A total of 69 copies of the same letter of objection were received in response to the first set of revised plans from nos. 8, 9, 11, 16, 19, 20, 24, 25, 26, 28, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 47, 48, 50, 52, 54, 57, 58, 59, 60, 61, 62, 63, 66, 70, 71, 72, 78, 85, 86, 90, 92 and 97 Stanhope Road, and nos. 66, 74, 80, 84, 86, 88, 90, 96, 98, 108, 110, 112, 114, 118 and 120 Balmoral Road. The contents of this letter are very similar to those of the letter reproduced at appendix B;
• A petition of objection to the first set of revised plans of 77 signatories from residents of nos. 8, 9, 16, 19, 20, 24, 25, 26, 28, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 47, 48, 50, 52, 54, 57, 58, 59, 60, 61, 62, 63, 66, 70, 71, 72, 78, 85, 86, 90, 92, and 97 Stanhope Road, and nos. 66, 74, 80, 84, 86, 88, 90, 96, 98, 108, 110, 112, 114, 118 and 120 Balmoral Road; and
• 6 letters of support / raising no objection to the proposals have been received from 31 Queens Park Parade (the garages are a dumping ground for rubbish and are covered in graffiti), 49 Stanhope Road (would rather have flats than a workshop next door), 76 Stanhope Road (the existing property is unsightly and the proposed redevelopment should be supported), the prospective purchaser of 80 Stanhope Road (welcomes the proposals as they would remove the neglected garages) and 31 Stanhope Road (the application should be approved as the development would be a welcome rejuvenation and remove the garages which have attracted graffiti and groups of youths).
3.2. Further revisions to the proposals were then made by the applicant upon which the Council carried out a further process of consultation. It is these proposals that are now reported to Members for determination. The following representations:
• Sally Keeble MP has written a letter of objection which is reproduced at appendix C
• A total of 62 copies of the same letter of objection were received in response to the revised proposals from nos. 8, 11, 16, 28, 33, 35, 37, 39, 41, 43, 44, 45, 48, 52, 54, 57, 58, 59, 60, 62, 63, 64, 66, 71, 85, 90, 97 and 94 Stanhope Road, nos. 66, 74, 78, 80, 82, 84, 86, 88, 90, 98, 108, 110, 114, 118 and 120 Balmoral Road and 22 Cranbrook Road. A copy of one of these letters is reproduced at appendix D;
• A petition of 56 signatories from residents of nos. 8, 11, 19, 28, 33, 35, 37, 39, 41, 43, 44, 45, 52, 54, 57, 58, 59, 60, 62, 63, 64, 66, 70, 71, 85, and 97 Stanhope Road, and nos. 66, 74, 78, 82, 84, 88, 90, 98, 112, 114, 118 and 120 Balmoral Road;
• A letter from 76 Stanhope Road expressing that the development would be an improvement of the area and the reduction in the number of flats would mean fewer vehicles;
• Letters from 78 Stanhope Road querying the number of flat proposed;
• A letter from 41 Stanhope Road objects on grounds of loss of amenity, loss of privacy, overdevelopment, traffic congestion and highway safety, noise from vehicle movements and loss of security;
• Four letters from 37 Stanhope Road object to the proposals on the basis that backland development would be contrary to the pattern of development in the area and result in loss of privacy and general amenity. Concerns are also express about clarity and consistence of the information shown on the submitted plans; and
• The owner of 57 Stanhope Road raises no objection to the principle of residential redevelopment of the site and welcomes the revisions to the proposals fronting Stanhope Road. However, objections are raised over the proposals continuing to represent backland resulting in loss of privacy and general amenity for neighbours, the overdevelopment of the site out of character with the existing pattern of development, the aggravation of existing car parking / traffic problems and the development has a lack of disabled provision.
4. Observations
4.1. The area surrounding the site is residential in character and is designated as primarily residential in the Local Plan. Local Plan policy identifies that within such areas the principle of residential development is acceptable. Furthermore, PPG3 encourages brownfield development. It is, therefore, considered that the principle of residential redevelopment of the site is acceptable. The development would also result in the removal of a business use, which is a potentially source of disturbance and nuisance to this residential area.
4.2. The proposed development does, nonetheless, raise a number of issues relating to its effect on residential amenity, parking and the character of the area surrounding the site.
4.3. The majority of the application site is currently occupied by 17 lock-up garages / storage units. The applicants have provided a schedule of the use of these units which is reproduced at appendix E. A single storey building used for the manufacture and storage of aerials occupies the greater part of the remainder of the site. Together these buildings wrap around the side and rear boundaries of the site forming a courtyard. Finally, a small portion of the site is made up of part of the rear garden of 49 Stanhope Road. The loss of this garden space would leave this house, which is owned by the applicants, with a garden of 10m long measured form the main rear elevation.
4.4. The proposed flats at the rear of the site would result in increased overlooking of the adjoining residential property in Chaucer Street. However, the distance between the windows of habitable rooms of the flats and nearest of these houses would be some 21m and set at an angle. With reference to the Council’s space around dwellings guidelines, which sets a minimum distance of 21m between main elevations, it is not considered that refusal of the application on the grounds of loss of privacy could be sustained, particularly as PPG3 (which encourages the development of brownfield sites) recommends that Councils should not adhere to rigid separation distances as a development control tool in any event.
4.5. The residential property surrounding the site is characterised by two storey houses. The applicant has reduced the height and revised the design of the proposed building facing Stanhope Road to two-storeys. This building is now considered to be in keeping with the design and scale of neighbouring houses.
4.6. The flats to the rear of the site are two-storey. The roof eaves of this building would stand approximately 1m higher than the flat roof of existing lock-up units located in this part of the site. The floor level of this building would be some 1.5m higher than the nearest house in Stanhope Road and some 2.5m lower than the ground floor of the nearest house in Balmoral Road. The nearest house in Balmoral Road is some 20m from the site.
4.7. Bearing in mind the massing of the existing on-site buildings, combined with their relatively dilapidated appearance and the separation between the proposed buildings and surrounding houses, it is considered that the additional bulk that would come about as a result of the development would not have a significant effect on residential amenity. The proposed redevelopment would result in the removal of a commercial use and storage units that are a potential source of nuisance.
4.8. The applicant has reduced the number of flats proposed from 9 to 7. The proposed provision of 10 parking spaces for the 7 flats is in line with Structure Plan policy which limits residential parking to a maximum of 1.5 spaces per dwelling. The applicants also propose to provide secure cycle storage.
4.9. The development would, nonetheless, result in the demolition of garages that could be used by local residents. Current government guidance, such as PPG13, emphasises the need to reduce reliance on the private car. The redevelopment would remove demand for on- street parking associated with the existing commercial use of the site. With reference to these points along with the amount of on-site parking proposed, it is considered that the scheme accords with development plan policy and government guidance on parking.
5. Conclusion
5.1. This application has aroused considerable opposition locally. However, the proposals have been revised a number of times in an effort to overcome the officers’ and residents; concerns. The principle of residential redevelopment of this brownfield site is wholly in line with national and local planning policies and the final scheme can be accommodated without detriment to residential amenity.
6. Sustainability Implications
6.1. The proposal represents brownfield redevelopment.
7. Background Papers (Local Government (Access to Information) Act 1985
7.1. N/2002/1096. 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 Section 91 of the Town and Country Planning Act.
(2) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re- enacting that Order), no extensions or other form of enlargement to the residential development hereby permitted, nor erection of porches, outbuildings, hardstanding, storage tanks, additional windows, gates, fences, walls or other means of enclosure, shall take place without the prior written consent of the Council.
Reason: To prevent over-development of the site and in the interests of amenity.
(3) Full details of the method of the treatment of the external boundaries of the site together with individual plot boundaries shall be submitted to and approved by the Council, implemented prior to the occupation of the buildings hereby permitted and thereafter maintained.
Reason: To ensure that the boundaries of the site are properly treated so as to secure a satisfactory standard of development and adequate security.
(4) The parking spaces and cycle storage facilities shown on the submitted plan shall be constructed to the satisfaction of the Council prior to the first occupation of the building hereby approved and thereafter maintained.
Reason: To ensure that the proposed development does not prejudice the free flow of traffic or the conditions of highway safety and to secure a satisfactory standard of development.
(5) Details and/or samples of all proposed external facing materials shall be submitted to and be approved by the Council prior to the commencement of constructed work on site.
Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings.
(7) Prior to commencement of construction works on site, details of the existing and proposed ground levels and finished floor levels of the development shall be submitted to and approved in writing by the Council. The development shall be implemented in accordance with the approved details.
Reason: In the interests of visual and residential amenities.
(10) Full details of the proposed surface treatment of all roads, access and parking areas, footpaths and private drives including their gradients shall be submitted to and be approved by the Council prior to the commencement of construction work on site.
Reason: To secure a satisfactory standard of development.
(11) When the new access hereby permitted is brought into use, the existing access shall be permanently closed (and highway reinstated) in a manner to be approved in writing by the Council, and no further points of access be created thereafter.
Reason: To confine access to the permitted point(s) in order to ensure that the development does not prejudice the free flow of traffic or the conditions of highway safety along the neighbouring highway.
(14) Unless otherwise agreed in writing by the Council development shall not begin until a scheme of investigation and assessment to identify the extent of contamination and the measures necessary to make the and fit for the proposed use has been submitted to and approved in writing by the Council. The scheme shall include, where necessary, action to render the land fit for the intended purpose and such action shall be taken prior to the commencement of development.
Reason: In the interests of health and safety and the quality of the environment generally and to ensure the scheme deals adequately with risks associated with the contamination of the site.
(15) No development shall take place until there has been submitted to and approved by the Council a detailed scheme of hard and soft landscaping for the site. The scheme shall include indications of all existing trees and hedgerows on the land and details of any to be retained.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
(16) All planting, seeding or turfing comprised in the approved details of landscaping 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 trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Council gives written consent to any variation.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
Agenda Item 9b
Planning Committee Item No
28 May 2003
Report of Head of Planning, Transportation Planning Application N/2002/210 and Regeneration Variation of condition 4 of planning Author/Contact Officer: permission 97/080 to permit opening until 0030 Mrs Lindsey Richards Team Leader, Development Control Planning Application N/2003/211
Tel: 01604 838999 Variation of condition 2 of planning permission 97/080 to permit permanent use of premises for function not associated with the cricket club
At Indoor Cricket Centre, County Ground, Abington Avenue
Recommendations (A) That application N/2003/210 be REFUSED for the following reason: The extension of opening times to 0030 as proposed would be likely to detrimental to the residential amenity of existing residents in the locality by reason of noise and general disturbance contrary to Policy H20 of the Northampton Local Plan. (B) That the application N/2003/211 be APPROVED subject to the following conditions: (1) No live or amplified music shall be played within the premises. Reason: To protect the amenity of nearby residents. (2) A scheme shall be submitted to and be approved by the Council which specifies the sources of noise on the site, whether from fixed plant or equipment or noise generated within the buildings, and the provisions to be made for its control. The approved scheme shall be submitted within 2 months of the date of this consent and implemented in accordance with a programme agreed by the Council. Reason: To protect the amenity of nearby residents.
1. Background 1.1. Planning permission for the indoor cricket school was granted in 1997. (97/0080) Condition No.2 attached to the permission specifically restricted the use of the building to a cricket school only, with the gym, hospitality and bar facilities remaining ancillary to the main use. The condition also specified that the building was not to be used for separate functions. Condition No. 4 restricted the opening times to between the hours of 0800 and 2200. 1.2. Subsequent planning applications have sought the temporary relaxation of the conditions which restrict the use of the premises and opening times. Planning application 99/0022 was granted for a temporary period of 1 year and allowed increased opening times until 2330. A further application submitted in 1999 (991207) sought a further temporary period of the extended opening times and a relaxation of the use so that the premises could be used for separate functions. Consent was granted for a temporary period of one year expiring February 2001. A further consent (N/2001/11) extended the period to February 2003.
2. Current Proposals 2.1. Since the grant of the original planning permission in 1997, the club have been using the premises for external functions on the basis of a number of temporary planning permissions. The current applications to vary conditions seek permanent consent to continue using the premises for external functions with increasing opening times until 0030. The subsequent wording of the condition which relaxed opening times made specific reference to setting up and dismantling which is to be undertaken during the specified open times only. The applicants are seeking a temporary period for the extended opening hours so that further monitoring may take place.
3. Planning Policies 3.1. Section 54A of the Town and Country Planning Act 1990 (as amended) requires an application for planning permission to be determined in accordance with the Development Plan unless material considerations indicate otherwise. 3.2. The current Development Plan comprises the Northamptonshire County Structure Plan and the Northampton Local Plan. Policies L8 and H20 are considered relevant to the applications. Planning Policy Guidance 3.3. PPG1 (General Policy and Principles), PPG13 (Transport) and PPG24 (Planning and Noise) are of relevance to the applications.
4. Representations 4.1. 193 Abington Avenue - potential noise from venue and from patrons leaving the premises. This is particularly noticeable as background noise is reduced considerably in the evening/night. - increased demand for on-street parking - would wish to see decibel noise meters installed on PA system and set at a level agreeable to local residents. - Abington Avenue should become a residents parking area. 223 Abington Avenue - the venue is only 50m from residential properties and these properties experience noise disturbance. - increase in antisocial/drunk behaviour in locality which gives rise to personal safety issues. - Increase in litter - increased traffic using access and Abington Avenue - users of cricket ground park within Abington Avenue, competition for parking has increased significantly. 199 Abington Avenue - allowing permanent use of cricket school for outside functions would lead to unbalance in the locality which is a residential area. - existing club facilities which are accessed from Wantage Road already offer functions facilities - experience broken sleep due to noise levels - damage to cars has occurred 221 Abington Avenue - have experience noise of functions which have taken place - visitors to the ground create noise on leaving, shouting, car alarms are set off etc. - early starts, i.e. 5:30am, have also caused broken sleep. 215 Abington Avenue - whilst sympathetic to their financial concern, the facility is a sports club facility in a residential area. - location is unsuitable for late night social events and a time limit should be imposed. - car parking facilities and increased congestion on Abington Avenue is of concern. - noise at end of function when people are departing is a nuisance - original use as cricket school should be encouraged. 228 Abington Avenue - on-site parking may be inadequate and will lead to increased on-street parking - the on-site parking is on gravel which is noisy, especially late at night. - noise is generated late at night by persons returning to cars or taxis - already experience noise from main pavilion, and the cricket school is even closer - on the whole the noise which is generated late at night causes disruptive sleep patterns. Former Ward Member: Viv Dams Following objections: - this is a quiet residential area hence need for original planning conditions - the area already suffers from noise generated by persons leaving the premises and others in the vicinity - on-street parking is likely to be inadequate - congestion within the highway often means Abington Avenue is blocked. - opening times 0030 in this quiet residential area is totally unacceptable to neighbours.
5. Consultations Internal 5.1. Environmental Health - some concerns over the structure of the building and its ability to contain high levels of noise, especially given proximity to residential properties. - Would recommend a general condition relating to the provision of a noise control scheme. 6. Observations 6.1. The main issue in considering the current proposals is residential amenity. A full consultation exercise has been undertaken with a total of 45 letters being sent to local residents. A total of 6 objections have been received and although a relatively low response, it is evident that these residents are experiencing unacceptable noise disturbance especially late at night. 6.2. It is acknowledged that there are other premises and uses in the area which may cause nuisance, this also includes the existing cricket club which has a function room and hospitality suites. Nevertheless the cricket ground is located immediately adjacent to a residential area and the amenity of those residents needs to be protected. 6.3. As a venue, the cricket school has proved popular and dual use of premises is to be encouraged. The club have operated on temporary planning permissions to date but to an opening time of 2330. The current request to extend this to 0030 is not considered appropriate having regard to the proximity of residential properties, and restrictions which have been placed on other premises on the vicinity. 6.4. Use of the premises for general functions is considered acceptable but only on the basis of closing time of 2330 hours, the submission of a noise control scheme and a restriction on live music as previously required. 7. Background Papers 7.1. N/2003/210 and N/2003/211.
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This page is intentionally left blank Agenda Item 9c
Planning Committee Item No
28 May 2003
Report of Head of Planning, Planning Application: N/2003/271 Transportation and Regeneration Development of 67 Dwellings, Linear Park and Associated Works, Barn Author/Contact Officer: Conversion and Demolition of Miss Jennifer Chance – Principal Buildings Planning Officer Tunnel Hill Farm, Rothersthorpe Tel: 01604 837837 ext 8909
Recommendation
(i) That the application be REFUSED for the following reason:
There is no justification for releasing this Greenfield site for residential development. Its development would be contrary to Policies GS2 and GS4 of the Northamptonshire County Structure Plan, the provisions of Planning Policy Guidance Note 3 ‘Housing’ and the Borough Council’s Interim Housing Phasing Policy in that there are adequate previously developed sites which can be developed first.
1. Description and Planning History
1.1. The 2.5 hectare site lies to the north of Danes Camp Way and between the residential developments at Rotherhithe Close and Kingmaker Way.
1.2. The southern part of the site is currently unused and appears to be attractive meadow land. The northern part of the site was until recently used for pig farming purposes, but the use has since ceased. The west of the site forms land that lies directly over the Transco gas line.
1.3. The site is an awkward one in terms of shape, levels and constraints caused by easements and a public footpath. Part of the site is also directly over the railway tunnel.
1.4. Permission was refused for residential development on a slightly smaller area of land by the Planning Committee in July 2001. (ref:N/2000/967) That application sought permission for 46 dwellings, 23 of which were to be offered to a housing association for shared ownership. Permission was refused on the basis that the site was Greenfield and its development would be contrary to PPG3, the Northamptonshire County Structure Plan and the Borough Council’s policies for the sequential release of land, as there is adequate previously developed land available to meet the Borough’s needs.
1.5. The proposal seeks permission for the erection of 67 new dwellings and the conversion of the existing barn. In total, together with the existing farmhouse, there would be 69 units.
1.6. Access to the site would be from the Rothersthorpe Road via Rotherhithe Close. A small part of the access road passes over land currently in the ownership of Northampton Borough Council, and its purchase would be necessary for the development to go ahead.
1.7. The applicants have been discussing their proposals with planning officers for several months. They are aware that their proposals are contrary to the Council’s Interim Housing Phasing Policy and cannot therefore be supported at this stage. The applicants have however requested that detailed consideration be given to their proposals such that the only outstanding issue is that of principle. As such detailed, without prejudice, discussions have taken place between the applicants and the relevant Council officers. The applicants have agreed to enter into a legal agreement to secure the provision of affordable housing, the laying out and transfer of the linear park plus a number of improvements considered necessary as part of the development.
2. Development Plan Policies
2.1. Section 54a of the Town and Country Planning Act 1990 (as amended) requires an application to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The current Development Plan comprises the Northamptonshire County Structure Plan (2001) and the Northampton Local Plan 1997.
2.2. The County Structure Plan deals with general development strategy. The relevant policies from the Structure Plan are:- GS1, GS2, GS3, GS4, GS5, GS6, H1 and H2.
2.3. The Local Plan was approved in 1997 and provides detailed land use planning policy and guidance. Part of the site is allocated for residential development, and some of the site is allocated as Greenspace. A plan showing these allocations as an overlay to the application site plan is appended. National and local policy regarding the residential development of brownfield and Greenfield site has superseded the Local Plan Housing Policy.
2.4. Relevant policies from the Local Plan are:- E6, E20, E37, E40, H6, H12, H15, H17, H19, H32, T9, T10, T17, T20 and T21.
Government Guidance 2.5. In addition the following Planning Policy Guidance Notes should also be taken into consideration in the determination of this application, PPG1 ‘General Policy and Principles’, PPG 3 ‘Housing’, PPG13 ‘Transport’, PPG16 ‘Archaeology and Planning’, PPG17 ‘Planning for Open Space, Sport and Recreation’, PPG23 ‘Planning and Pollution Control’, PPG24 ‘Planning and Noise’, PPG25 ‘Development and Flood Risk’
3. Consultations:
External:
3.1. Environment Agency: Objects to the proposed development as no technical information or flood risk assessment has been provided.
3.2. Transco: Confirm that the company has plant in the vicinity and prior notification under other Acts would be required.
3.3. Northamptonshire County Council – Archaeology – Biodiversity - Conservation: The application site lies in an area of archaeological interest due to its location within the context of Hunsbury Hill Iron Age Hill Fort. Adequate information as to the character and extent of the buried archaeological remains and buildings must be provided prior to the application being determined.
• The construction of the farm in 1880 means that it could provide insights into the changing fortunes of farming in Northamptonshire. • may be appropriate to seek a Recording Action Brief. • If hedgerow is over 30 years old it should be protected under the 1995 Environment Act. • The site should be checked for evidence of bats as these are a protected species. • No works shall be allowed to be carried out during the nesting season of any birds or bats.
3.4. The Ramblers: Public Footpath is being retained on its original route except for a slight deviation.
3.5. Anglian Water: Some form of surface water attenuation may be required. The developer should contact Anglian Water at the earliest stage.
Internal:
3.6. Estates: The Estates and Valuation Services Department has been in negotiation with the applicants for over 2 years to agree terms for access on Council owned land. An agreement in broad principle has been reached.
3.7. Directorate of Business and Housing Services: The site should provide 22% affordable housing in line with the current Supplementary Planning Guidance and Housing Needs Assessment Survey. As the site is next to a large social housing rented scheme a mixture of shared ownership and rented at a ratio of would be preferable. All units should be constructed to NBC mobility standards.
3.8. Environmental Health: The applicants have carried out preliminary noise and contaminated land investigation surveys. These require more detailed work to be carried out to determine a) the level of noise protection at individual dwellings and b) the remedial measures necessary to deal with any contamination. The brief regarding ground and groundwater conditions has been fulfilled.
3.9. Access Officer: 10% of houses to be built to mobility standards
4. Representations:
4.1. Former Farm Owner: The previous application was submitted by Westleigh development in conjunction with a Housing Association and was refused on the basis that it conflicted with PPG3 and the Council’s policies in that there was sufficient brownfield sites available until 2008. Since then a more detailed study shows that there is a larger number of brownfield sites available than was previously thought at the time of refusal. As the owner of the property when the previous application was submitted and who for personal reasons sold it with the constraint imposed by the Council against development, I would be aggrieved if the Council changed their policy in such a short time.
4.2. 11 Kingmaker Way • Currently house not overlooked and was assured no development would be carried out. • Proposal for three storeys would block light and look directly into property • Proposal is directly over Hunsbury Hill tunnel, we are several hundred yards away and can feel severe vibrations. • Proposal would remove trees, result in loss of open land, currently used as a public footpath and result in loss of wildlife. • Northampton currently expanding faster than Council can fund such things as emergency services and road access. Development has only one viable route along the A43 which is currently a congestion hot spot.
4.3. 15 Kingmaker Way • Object to proximity of dwellings to Kingmaker Way • Proposal would have a detrimental environmental impact • Proposal result in loss of sound protection from A45 due to removal of tree screen • Density is too high • Proposal out of keeping with existing dwellings that are low rise • 3 Storey flats will overlook property resulting in loss of privacy and light.
4.4. 17 Kingmaker Way • Three storey flats would put house into permanent darkness, particularly as they are on a different ground level. • Outlook onto a brick wall would be unacceptable. • Site not suitable for development due to railway tunnel. Existing properties suffer from trains shaking the house and crockery and they are not directly above it. • Proposal cause more congestion on A43 roundabout which already struggles with volume of traffic, concerned about implications for emergency services. • The removal of trees will increase noise and destroy natural habitat for wildlife. • Concern regarding safety of the breather vents.
4.5. 19 Kingmaker Way: • Property will be dominated by three storey flats which are proposed on the land to the rear, which is on a higher level than our property. • Loss of amenities currently enjoyed in terms of loss of privacy, light and air and in terms of increased noise and general disturbance. • Loss of natural haven for birds and other flora and fauna.
4.6. 25 Kingmaker Way: • Line of public right of way shown in wrong location. Correct positioning shown on OS map. The Right of Way is in daily use and would object to its repositioning. • Proposal would result in loss of wildlife and prevent this from being a pleasant place to live in. • Trees would be lost that are an effective screen against noise and petrochemical pollution. The implementation of the plan will put people’s health at risk. • Proposal would result in the loss of natural light preventing use by children through much of the year and preventing plant growth which is unacceptable. • The Mereway/Danes Camp roundabout cannot cope with an already overloaded and dangerous. Each morning there will be more than 150 vehicles trying to gain access onto the A45 as quickly as possible. This is an accident blackspot in the making. • The relocation of the public right of way would move people nearer to boundary fence increasing risk of damaging influences in terms of crime, to property • The proposed linear park is, in theory an attractive proposition, however in reality it is likely to be used as a dumping ground for car wrecks and be used as a get away route for criminals blighting all properties in area.
4.7. 29 Kingmaker Way • Loss of wildlife including rabbits, foxes, squirrels, muntjack deer and birds. • Increased pollution from A45 • The relocation of the footpath would be at the rear of the new residential houses is contrary to Police Secure by Design. Also concerned as footpath would link to Briar Hill Estate that has a serious crime record. • Concern regarding burnt out vehicles • Three storey development out of keeping with existing development
4.8. 32 Kingmaker Way Concerned regarding height of dwellings at 3 storeys and implications for privacy and natural light.
4.9. 36 Kingmaker Way When I purchased my house the search showed no development in the vicinity of my home, and a further call to the planning department indicated the same. Object to being overlooked especially by three storey town houses
4.10. 39 Kingmaker Way: • Concern regarding three storey flats overlooking garden reducing privacy and light. • Peacefulness and privacy currently provided by farmland will be compromised.
4.11. 49 Kingmaker Way: Object to height of dwelling proposed to the rear at 2.5 storeys as the land is on a higher level and will overlook garden, dining room and kitchen. Also object to three storey flats overlooking property as this is in effect 9 properties. This will take away right to privacy, to sunbathe, to allow children in the paddling pool or to entertain friends. Proposal would also result in loss of sunlight.
4.12. 33 Blisworth Close • Concern regarding extra traffic on Blisworth Close and the removal of the boundary fence which is the back garden fence to most gardens. • Linear park sounds good although the wildlife would be missed • Who would be responsible for fly tipping • If development goes ahead why not include a skateboard park and football pitch.
4.13. 12 Radleigh Close Concern regarding access for construction traffic as occupier works nights
5. Planning Considerations:
5.1. Principle of Development Although some of the site is allocated for residential development in the Local Plan, this was prior to the publication of PPG 3 ‘Housing’, which supersedes the Local Plan in respect of development of Greenfield sites.
5.2. PPG3 seeks to focus new residential development onto brownfield sites and also outlines a list of criteria which the Council should use to assess the suitability of sites for housing development. The criteria are:- 1. The availability of previously developed (brownfield) sites. Councils should check if there are any sites that are vacant or are underused which could be developed first. 2. The location and accessibility of the development site to jobs, shops and services by modes other than the car. 3. The capacity of existing and potential infrastructure, including public transport, water, sewage, other utilities and social infrastructure (such as schools and hospitals) to absorb further development 4. the ability to build communities to support new physical and social infrastructure and to provide sufficient demand to sustain services and facilities; and 5. the physical and environmental constraints on development of land such as level of contamination, stability and flood risk.
5.3. In accordance with Annex C to PPG3 the site is considered to be Greenfield. However, Hewitson Becke and Shaw have written on behalf of the applicants to state: “We have been asked by the applicant to advise as to the nature of land contained within the application. It is our view that it should be classified as previously developed land on the basis of the wording in PPG3 that states: ‘The definition (of previously-development land) excludes land and buildings that are currently in use for agricultural or forestry purposes.’ As the land is not currently in use it should be classified a previously developed land.” This is not a view that officers concur with.
5.4. The Borough Council has now adopted an Interim Housing Statement which states that there will be no further Greenfield housing releases until 2008 at the earliest.
5.5. The Interim Policy was based on the results of the 2000 Urban Capacity Study which identifies significant capacity on previously developed sites within the existing urban area, and that there was no need to release further qreenfield sites. The Interim policy has resulted in other proposals on Greenfield sites being resisted. This position has been supported by the Secretary of State at two call in Inquiries, and an Inspector in respect of the Hardingstone allotments appeal. The only occasion where the policy has not been supported at Appeal was at Talavera Way, where the Inspector took into account that the site already had permission for development.
5.6. The Council has now prepared a revised urban capacity study which addresses the deficiencies identified by the Inspector who dealt with the Talavera Way inquiry. The revised study, which has recently undergone consultation, identifies even more capacity than the previous study. The results of the consultation exercise will be reported to the Executive Committee in the near future.
5.7. Despite the fact that the application site is allocated in the Local Plan for housing, and the fact that it performs well in relation to criteria 2-4 listed above, it is considered that the application for development would be contrary to the aims of the Council’s own housing land development policy and that to approve the proposal would undermine the aims of the Council and Central Government in developing brownfield land first. The Council has taken into all material planning considerations including the planning gain offered through a Section 106 agreement. However there are not a sufficient weight to outweigh the policy considerations.
5.8 Following request for an assessment regarding agricultural viability from the applicants, Howkins Harrison (Surveyors, Estate Agents and Valuers) have written to state that they consider that it would not be possible to run a viable agricultural business from the site. The Council do not see the unlikelihood of the farm being returned to use as a reason to grant permission for residential development when this is contrary to policy. Possible future uses can be considered as part of the review of the Local Plan.
Other Planning Issues
5.9. The Railway Line: The railway line is the main line from Northampton to London and whilst it is not envisaged that the route would be used more frequently, it is possible that the line would be used by the new high speed trains that are larger and heavier. The implications for the living environment of future residents would need to be assessed at this stage. Clearly it is not plausible for the route to be realigned, Government advice in PPG 13 would encourage that the route be protected. PPG13 states: LPA’s should protect routes which could be critical in developing infrastructure to widen transport choices for both passenger and freight movements.’ A verbal update will be provided to the Committee on this issue.
5.10. Greenspace: The proposed housing development encroaches onto an area allocated as Greenspace in the Local Plan. It is protected as a site that forms linear corridors of open space. The proposal does result in the width of this open space being reduced by at least half which reduces its attractiveness considerably. On the other hand the development also secures the landscaping of the area, plus the provision of play equipment so that the site may be more actively used.
5.11. Layout: As stated earlier, the site is quite awkward in terms of shape and level differences. The applicants have designed the layout with the aims of PPG3 in mind, in terms of trying to provide character and creating a sense of place. To this end three areas have been shown as courtyards. The success of these would depend on the use of good quality materials, both in terms of brickwork/stonework on the buildings and also block work/tarmac on the access roads and parking bays. These could be controlled by conditions. There are also issues outstanding regarding areas of road to be adopted that will be reported on further at the Committee meeting.
5.12. As the site is narrow in places and the position of the road is determined by the line of the tunnel it has been difficult to satisfactorily position the houses to the west of the access road. It is always preferable for houses to face open space to provide natural surveillance, but in this instance it means that the rear walls would face the road way, which is regrettable. The solution has been a mix of some properties facing the road and some the open space and providing walls as the boundary treatment. The development at Rotherhithe Close has backgardens facing the proposed park, so it is crucial that some properties in this development face the open space in order for it to be a safe and attractive amenity.
5.13. The concerns of residents at Kingmaker Way regarding privacy, and ground levels are noted and a cross section showing the relationship has been requested to indicate more clearly the levels for Members’ information. However the distances between the properties are in excess of the minimum set out in the Local Plan and a refusal on the basis of loss of privacy or light would not be defendable.
5.14. Rights of Way; Although the official right of way is not being substantially altered, this route is not much used. Furthermore, the positioning of the houses with the rear gardens abutting the right of way and fences on the other side, would create an unuseable alleyway and is contrary to any advice regarding crime. It would be preferable for this route to be stopped up and the roadway of linear park to be used in its stead.
5.15. There is also, another route that bisects the site and appears to be used considerably more frequently and this is indicated on the (attached plan) (OS plan) The proposal would result in the loss of this path that is used for dog walking and so on.
5.16. Archaeological Implications: The County Archaeologists have provided an evaluation brief to the applicants and information regarding the possible importance of the site. Should Members consider that the application may be acceptable the applicants should be requested to carry out archaeological studies prior to the decision being issued.
5.17. Environment Agency and Anglian Water: The applicants have been in direct consultation with the above agencies. This has resulted in an amended landscape plan indicated surface water attenuation. The results of a Flood Risk Assessment will be reported orally at the Planning Committee Meeting.
6. Community Safety Implications: - As outlined in the report.
7. Sustainability Implications: - As outlined in the report.
8. Background Papers
8.1. N/2000/967, N/2003/271
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This page is intentionally left blank Agenda Item 9d
Planning Committee Item No
28 May 2003
Report of Head of Planning, Planning Application: N/2003/415 Transportation and Regeneration Off Site Highway Improvements, New Access and Erection of Eight Author/Contact Officer: Floodlights. Miss Jennifer Chance – Principal Planning Officer Fernie Fields Sports Ground, Moulton Leys. Tel: ext 8909
Recommendation
That the application be APPROVED subject to conditions.
1. Description
1.1. Fernie Fields is a sports ground comprising a football pitch, football clubhouse, scouts clubhouse and a bowling green. It is currently accessed through the residential close known as Fernie Fields. The site is roughly triangular in shape and is bounded on two sides by residential properties and on its third side by Talavera Way.
1.2. The pitch is used regularly at the following times: • Saturday mornings by Northampton Girls under 16s. • Saturday afternoons by either Sileby Rangers or the reserve side • Sunday mornings by Travis Perkins • Sunday afternoon by Northampton Ladies • Plus occasional cup games
1.3. All in all the pitch is used for about 80 games per season.
1.4. The proposal has two elements:
Firstly to construct a new access from Talavera Way into the site on the basis of a left in and left out arrangement with a central reservation. It is proposed that the existing access be continued to be used in much the same way for the those going to the bowling club, those parents delivering children to the scout hut as well as those using the football club, and for these period the new access would be closed. However it is proposed that the new access would be used by first team, reserve team and club matches and at these times the existing access would be manned and gated to preclude access by teams or supporters.
Secondly to erect lighting in the following manner: 1. 8 x 16m high floodlights (4 on either side) around the pitch. Each column would have two lights directed towards the pitch. The four that run along the north western edge of the pitch would also have an additional lamp of lower intensity mounted on the rear to illuminate the car park that lies between the pitch and Talavera Way. Three of the columns on the opposite side of the pitch at the rear of properties of Booth Rise and closest to the clubhouse would also have an additional light mounted to the rear to illuminate the training area.
2. The training area currently has four floodlights, three of these would be removed as the new lights above would provide the necessary lighting for the training area, but the fourth would have two new floodlights.
2. Planning History
2.1. Fernie Fields has been in use as football club for approximately 20 years and a new clubhouse was built in following permission in1986. Following this time various applications have been submitted regarding levelling of the ground and extension to car park and so on. Numerous applications have been received for floodlighting and these break down as follows:
93/839: 6 Floodlighting columns – Refused – Appeal Dismissed 94/132: 8 Floodlighting columns – Refused. 94/561: 4 Training lights – Approved for a trial period of one season and limited to 2 weekdays only between September and April and not after 21:10hrs. 96/358: 4 Training lights – permanent approval limited to 3 evenings a week between September and April and not after 21:30.
2.2. The reason for refusing the two applications for floodlighting to the main pitch was: ‘It is considered that the provision of floodlights to permit evening football matches will result in a material intensification in the use of the facilities which will seriously harm the amenities of the occupiers of nearby dwellings by reason of the additional activity that will result and the noise and disturbance likely to be associated therewith.’ The 1993 application was appealed but the decision was upheld by the Inspector. His decision is attached for Members attention.
3. Development Plan Policies
3.1. Section 54a of the Town and Country Planning Act 1990 (as amended) requires an application to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. The current Development Plan comprises the Northamptonshire County Structure Plan (2001) and the Northampton Local Plan 1997.
3.2. Relevant policies from the Local Plan are:- L1, H20 and T10.
4. Government Guidance
4.1. In addition the following Planning Policy Guidance Notes (PPGs) should also be taken into consideration in the determination of this application:- PPG 13 ‘Transport’, PPG17 ‘Planning for Open Space, Sport and Recreation’.
5. Representations:
5.1. Environment Agency: development is on a former landfill site. It is thought unlikely that the site is producing landfill gas in any quantity to become hazardous, however advise that applicant contact a consultant to investigate and assess the site as necessary.
5.2. Sport England: support these improvements as the acess would take away traffic from a residential area. The proposed lighting scheme would site the columns away from the houses. The absence of any objection from the Town and Country Planning Acts does not in any way commit Sport Englands support for any related application to the National Lottery Sports Fund.
5.3. Northamptonshire Football Association: support application to provide access from Talavera Way. Access will provide not only for the club who currently use the facility but also open up additional usage to a wider football community and others.
5.4 1 Fernie Field • The floodlights will increase volume of traffic through a residential area late at night • Promotion to a higher team will encourage a larger volume of traffic – already 52 seater coaches passing through cul-de-sac. • Plan to use Talavera Way is good but only for matches – this will cause confusion and will not be adhered to.
5.5. 5 Fernie Field • object to proposal to increase useage until 10.15pm • new entrance will not ease traffic congestion unless the existing is made pedestrian only • vehicles currently travel too fast and cause a danger, particularly on the blind bend.
5.6. 6 Fernie Field • concern regarding safety of children due to speeding cars and coaches that are know to reverse up Fernie Field at 23:15 • concern re increase in activity from spectators, officials and members • object to late light drinking that results in broken bottles, vomiting and so on.
5.7. 8 Fernie Field • The success of the vehicle reduction revolves around a well intentioned notification policy of the club informing visitors and players that on match days the Talavera Way entrance should be used. This loose arrangement is not practical. Concern that vehicles would still use Fernie fields and be refused entry and need to turn around in a quiet cul-de-sac, or park on the estate roads, or still gain access by the closed gate. • The Inspector at the previous appeal stated that ‘even if the floodlights did not increase the number of matches significantly, they would allow matches to take place on Winter evenings when the inhabitants of Fernie Field should be entitled to a quieter residential environment. The result would be an unacceptable degree of additional noise and disturbance.’ • Residents have been extremely tolerant of increase in traffic since 1994 via an expanded club and scout facility and the opening of a new bowls club used daily throughout the summer • If approved could Council ensure the lights are erected after the road is complete, and perhaps pedestrianise the Fernie Field entrance and make all vehicular traffic access via Talavera Way.
5.8. 9 Fernie Field • If promoted to premier league the club will become semi- professional and could charge fees – where will turnstiles be placed • More games later into the evenings giving rise to more nose and disturbance • Car leaving the club at night and the weekend travel in excess of 30mph creating a hazard – children cannot play outside for this reason – the road was not designed for this reason, the sports field was meant to be a community sporting facility. • Impossible to imagine how a professional club can be placed next to a residential area. • Concern that floodlights erected but access not completed.
5.9. 10 Fernie Field • Do not feel new access will reduce use of the existing access as it would still be open. • Proposal does not addess increased use of the club house and bowling green that also cause problems, for example functions in the evening and large bowling events. • Increasing use till 10.15pm will only increase use of facilities and have a higher level of supporters.
5.10. 11 Fernie Field • Traffic using the site has increased over the years due to the bowling green, ladies football and evening functions • Consider proposal to notify visiting teams of new access as impractical, particularly as it is human nature to take the shortest route to a destination. • If promoted to higher division this will increase traffic and adversely affect the quality of life for family.
5.11. 1 Cubleigh Close • proposal will affect the character and amenity of the residential area • floodlights will blind and distract traffic on Talavera Way. • Reflective light and Diffuse light are natural occurring properties of light that cannot be compensated for. Currently can read the newspaper in garden at night due to the training lights that are 100yards away. • Floodlights will disturb children trying to sleep • Increased traffic and matches will cause noise pollution, especially for children • New exit will not alleviate traffic issues as people will take the quickest route. • Increase in spectators • Council should assess the speed of cars using Fernie Field and see if the road is wide enough. • Football club aiming to double of spaces • Danger to children playing in the street • Extra traffic at Moulton Way South • Coaches use narrow road • Club was to include residents of estate and not be professional exclusive to few
5.12. 4 Cubleigh Close: The previous inspector refused permission on the basis that the floodlights would increase noise and disturbance. On this basis I do not see how this application should succeed.
5.13. 11 Cubleigh Close Nothing has changed since last time, cars are parked all over the place, especially as the access to the club is via the front doors of the residents. The noise factor is my main concern, shouting and screaming is tolerable in the day but at night I will have trouble getting children off to sleep.
5.14. 35 Booth Rise • proposed lighting is a problem as it would create additional activity, noise, light pollution and nuisance to Booth Rise residents who live adjacent • currently a problem with burglaries due to the openness of the site.
5.15. A petition of 29 signatories from residents at Fernie Field, Cubleigh Close and Booth Rise has been received who object on the basis of noise and disturbance caused by greater use of the facilities particularly late into the evenings.
6. Planning Considerations:
6.1. Sileby Rangers are quite a successful club, but are unable to secure promotion to the premier division of the United Counties league owing to the absence of floodlighting.
6.2. The applicants state that the erection of floodlights would ease fixture congestion and, but that it would not result in more matches being played on the pitch as 80 is probably the maximum that can be accommodated in terms of wear and tear.
6.3. In general terms a proposal that would result in the increase in use, or upgrading of a sporting facility in the town is to be welcomed. However, with any proposal the benefits need to be assessed in terms of their effect on amenity and traffic safety.
Traffic Safety
6.4. The proposal to create a new access from Talavera Way into the site has been discussed at length with both the Borough and the County engineers who are happy with both the design and safety implications of the new access. This is provided that the new roundabout associated with the residential and industrial development for the west is contstructed.
Amenity
6.5. Clearly from the history of the site and the representations received the main issues regarding the use of the sports field is its impact on residential amenity, mainly in terms of noise and disturbance from use of Fernie Fields as an access. Other issues include light pollution and noise and disturbance from the players and general use of the sports ground.
6.6. Light Pollution: It is recognised that lighting up the night sky and the overspill of this light into people’s gardens and bedrooms has an effect on residents’ amenity. However, this was not considered to be an overriding concern by the previous Inspector and with modern technology the amount of light spillage can be mitigated. Provided the hours that the floodlighting is operational is limited by condition this is not considered to be an overriding issue.
6.7. General Activity: The provision of floodlights will however, increase the use of the football pitch in the evenings in winter, and indirectly the use of the football clubhouse. Residents currently experience nuisance from players shouting and swearing on the football pitch during daylight hours, but this would carry on during the evenings in winter. Voices do travel further in the night air and it must be concluded that residents’ amenity could be adversely affected by the proposal due to this. The fact that the club wishes to improve its status and be promoted to a higher division means that in turn the level of activity and number of spectators would also rise accordingly. This is of some concern as is regular use of the clubhouse at night. It should be noted however, that there is no current limit to the use of the clubhouse.
6.8 Noise and Disturbance due to access via Fernie Fields: Currently the sole access to the site for pedestrians and vehicles is via Fernie Fields. Although the playing field was zoned prior to the residential development, the houses were constructed first and residents became used to a certain level of residential amenity. Since that time the sports ground has become more popular and is used more formally and also has a bowling area and scouts clubhouse. The level of activity of traffic using Fernie Fields is now greater than that which one would normally associate with a housing development of this scale and it appears from the representations that it causes some considerable nuisance, not only with the number of cars, and the speed in which they drive, but also due to the times of day in which they arrive and leave, eg Sunday mornings and late evenings.
6.8. The proposal appears to address this problem, by providing an alternative access off Talavera Way, which is a main road. Consequently it could be argued that the proposal would improve the existing situation for the residents of Fernie Fields. However, the applicants plan to only use this on match days when they would resist use of the Fernie Fields entrance by notifying visitors and players beforehand and having the extension entrance manned. There is concern that whilst the intentions are good, this would be difficult to control and people would still use the Fernie Fields entrance. It would also be difficult to prevent people leaving via Fernie Fields after the match is over and refreshments in the bar have been taken. Further discussions have thus taken place with the applicants who have agreed that a gate be placed at the Fernie Fields entrance to prevent use by anyone travelling to the site for football or football related purposes and a condition has been recommended to enforce this. The entrance would still be used by the scouts outfit and the bowling club.
7. Conclusion
7.1. The additional activity generated in the evenings, particularly winter evenings will affect resident amenity to a certain extent. However, this will be offset by the improvements to existing condition associated by the new access facility off Talavera Way.
8. Community Safety Implications: - As outlined in the report.
8. Sustainability Implications: - As outlined in the report.
10. Background Papers
10.1. 93/839, N/2003/415
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 Section 91 of the Town and Country Planning Act 1990.
(2) The development hereby permitted shall not be commenced until the roundabout proposed to serve the mixed use development (ref planning approval N/2000/1340) is completed and operational.
Reason: In the interests of highway safety.
(3) The proposed floodlighting shall not be erected or put to use until the new entrance/exit from Talavera Way is constructed in accordance with details to be first submitted to and approved by the Council and open for use.
Reason: In the interests of residential amenity and highway safety.
(4) On days when the premises are in use for football purposes, the existing entrance at Fernie Fields shall be closed off to all vehicular traffic by means of a gate, the details of which shall be submitted to and approved in writing by the Council. The gate shall remain closed and locked until the premises including the clubhouse are vacated.
Reason: In the interests of residential amenity and highway safety.
(5) The Floodlights shall be not be used after 22:15 hours on any evening. Reason: In the interests of residential amenity.
(6) Prior to the commencement of development a landscaping scheme and further details of the layout of the parking shall be submitted to and approved in writing by the Council.
Reason: In the interests of environmental and visual amenity and to secure a satisfactory standard of development.
Agenda Item 10
Schedule of Planning Applications for consideration by the
Planning Committee
28 May 2003
Summary sheet
Items Application No. Address Recommendation
A N/2003/164 Kingsthorpe Golf Club, APPROVAL Kingsley Road
B N/2003/174 Isham House, St Andrews APPROVAL Hospital, Billing Road
C N/2003/254 Land off Lea Road and Adnitt APPROVAL Road
D N/2003/309 69 Kettering Road APPROVAL
E N/2003/327 18A Sheep Street APPROVAL IN PRINCIPLE
F N/2003/357 41 Argyle Street REFUSAL
G N/2003/370 Stems House, Northampton APPROVAL Business Centre, Red House Road, Moulton Park Ind Est
H N/2003/374 25-29 Robert Street APPROVAL IN PRINCIPLE
I N/2003/384 37-38 East Park Parade REFUSAL
J N/2003/499 Former Tempo Unit, Tollgate REFUSAL Way
NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/164 Location : Kingsthorpe Golf Club, Kingsley Road Proposal : Redevelopment of existing clubhouse and extension to car park Officer : Mrs Rita Bovey
Recommendation;
APPROVAL subject to conditions.
Site Description and History:
The application site is located on the north side of Kingsley Road. The site is immediately adjoined by the Eastern Avenue Allotments to the northwest.
The site currently contains the existing single storey clubhouse and storage facilities. There is an existing car park (approximately 40 spaces) to the front with access directly from Kingsley Road.
The proposals include the redevelopment of the existing clubhouse and to extend the existing car park including an overspill car park at the rear to provide a total of 81 spaces (including 3 disabled parking spaces).
The proposed clubhouse will be two storeys in height and has a smaller footprint than the existing buildings on site. It will be constructed in bricks and concrete tiles. The building will be accessible for persons with disabilities, a stair lift will be provided giving access to the first floor.
Planning Policy:
Northamptonshire County Structure Plan Policies GS3 and T3. Northampton Local Plan Policies E9, E20, E21 and L11. PPG17 (Planning for Open Space, Sport and Recreation).
Consultations:
Environmental Health – no objections.
English Nature – no objections.
Representations:
202A Kingsley Road – no objections; with better parking facilities may ease the congested parking spaces on Kingsley Road.
Appraisal:
The proposed clubhouse will be located further into the site. Although two- storey in height, it is not considered to be over-dominant in terms of the street scene.
The applicants’ agent has confirmed that the existing facilities on site do not meet the requirements of today’s golfers, membership was falling and improvement works are required in order to maintain an active use of the golf course. The proposal would substantially improve the clubhouse providing new changing rooms, disabled toilets, bar and dining areas and storage facilities.
The proposal also includes the extension of the existing car park and provision of an overspill car park within the golf course. Although the latest Supplementary Planning Guidance on parking encourages the use of alternative forms of travel to the private car, the golf club has long standing parking problems on-site resulting in members parking their cars along Kingsley Road and nearby residential streets. The current proposal would alleviate such problems and provides additional disabled spaces on site. The existing ingress and egress to the car park will be widened which would no doubt improve visibility and highway safety.
The proposal would upgrade the existing facilities and to maintain the golf club as a viable use to serve the local community.
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 Section 91 of the Town and Country Planning Act 1990.
(2) Details and/or samples of all proposed external facing materials shall be submitted to and approved by the Council prior to the commencement of construction work on site.
Reason: In the interests of amenity and to ensure that the development will harmonise with its surroundings.
(3) The development shall be constructed to allow access to and circulation in all public areas by people with disabilities, details of which shall be submitted to and approved by the Council, implemented concurrently with the development, completed prior to the development being first brought into use and retained thereafter.
Reason: To ensure that the premises are accessible to people with disabilities.
(4) The proposed stair-lift as shown on the submitted plan shall be provided prior to the development being first brought into use and retained thereafter.
Reason: To ensure that the premises are accessible to people with disabilities.
(5) Notwithstanding the details as submitted, full details regarding the surface treatment of the front car park and the overspill car park as shown on the submitted plans including the access road linking the two car parks shall be first submitted to and approved by the Council.
Reason: To secure a satisfactory standard of development.
(6) The main car park to the front shall be laid out and lined in accordance with the submitted plan prior to the development being first brought into use and thereafter shall at all times be reserved for the parking of vehicles by staff and visitors and there shall be no storage of goods, materials, refuse, pallets or skips thereon.
Reason: To ensure that adequate parking facilities are maintained.
(7) Full details of the proposed boundary fencing shall be submitted to and approved by the Council prior to the commencement of construction work on site.
Reason: To secure a satisfactory standard of development.
(8) Prior to the commencement of construction works on site, details of the existing and proposed ground levels and finished floor levels of the proposed clubhouse and car parks shall be submitted to and approved by the Council. Thereafter the development shall be implemented in accordance with the approved details.
Reason: In the interests of residential and visual amenities.
(9) The ingress and egress to the car park from Kingsley Road shall be widened in accordance with the submitted plan prior to the proposed clubhouse being first brought into use.
Reason: In the interests of highway safety.
(10) A scheme shall be submitted to and approved by the Council which specifies the sources of noise on the site whether from fixed plant or equipment or noise generated within the building and the provisions to be made for its control and the approved scheme shall be implemented concurrently with the development and retained thereafter.
Reason: In the interests of general amenity.
(11) A scheme for the collection, treatment and dispersal of cooking smells and fumes shall be submitted to and approved by the Council and the approved scheme shall have been implemented prior to the proposed clubhouse being first brought into use.
Reason: In the interests of amenity of the surrounding locality and to secure a satisfactory standard of development.
(12) Full details of facilities for the secure parking of bicycles shall be submitted to and approved by the Council prior to the commencement of development hereby permitted, provided prior to the clubhouse being first brought into use and retained thereafter.
Reason: To ensure the provision of adequate facilities.
(13) No development shall take place until a landscaping scheme has been submitted to and approved by the Council.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
(14) All planting, seeding or turfing comprised in the approved details of landscaping 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 trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Council gives written consent to any variation.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
This page is intentionally left blank NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/174 Location: Isham House, St Andrews Hospital, Billing Road Proposal: Single and two storey rear extensions Officer: David Bainbridge
Recommendation:
APPROVAL subject to conditions.
Site Description and History:
The application site is a two storey modern building situated on the St Andrews Hospital campus off Billing Road, operated by Cygnet Healthcare. The building is positioned to the south and south-west of Ivy Cottage which is a Grade II Listed Building. The area is designated as a Locally Important Lanscape Area in the adopted Local Plan.
There is no relevant planning history on the application site.
Planning Policy:
Northampton Local Plan Policies: E1, E9, E11, E20, E25 and T17.
Supplementary Planning Guidance: Parking (adopted 28 April 2003)
PPG13: Transport PPG15: Planning and the Historic Environment
Representations:
External
None
Internal
Environmental Health – no objections to the development in principle but request a condition to control potential plant and equipment noise.
Access Officer – advice on mobility and accessibility matters forwarded to applicants.
Appraisal:
The application proposal is for a single storey and a separate two storey extension to the east of the building to provide 8 bedroom high observation unit and psychiatric intensive care units, an out-patients consulting function and 10 acute service bedrooms. In addition, an existing enclosed secure garden area to the west of the building adjacent to the golf course is to be extended southwards and the existing parking provision and layout to the east of the building is to be reorganised, with 4 spaces dedicated for use by people with disabilities.
The St Andrews Hospital campus consisting of St Andrews Hospital, Three Shires Hospital and Isham House, which is operated by Cygnet Healthcare in partnership with St Andrews, is a well established healthcare facility. The current use of Isham House is as an acute and high dependency mental health hospital, providing a range of specialist in-patient clinical services provided in four separate units located on the ground and first floor of the building. Therefore, the use is established with the principle of an extension to the facility being acceptable subject to the following considerations:
The hospital campus is recognised in the local plan as a locally important landscape area. The campus consists of a main building, chapel and other listed and non-listed buildings in a formal landscaping setting on sloping ground facing the Nene River Valley. The established character of the campus has led to the recognition that existing developed areas should be consolidated. With regard to the landscape character it is considered that the siting, design and layout of the proposals are acceptable.
The impact of the proposed extensions on Ivy Cottage, which is a Grade II Listed Building, also need special consideration. Ivy Cottage currently has estate roads on three sides and is separated from Isham House by one of these roads. Due to the separation distances, the two storey extension will have negligible impact on Ivy Cottage whereas the single storey extension will be situated closer to the cottage. The size and design of this extension will not necessarily harm the setting of Ivy Cottage and indeed the existing road layout around the south and east of the cottage is to remain unchanged. Notwithstanding this, it must be acknowledged that the siting of the single storey extension may potentially prejudice any future reassessment of the estate roads in this area of the campus. However, in the absence of a reasonably firm prospect for alterations to the road layout it is considered that this application should be determined on its individual merits.
The parking provision and layout is considered adequate to serve the proposals. Existing trees worthy of retention within proximity to the site will remain. The building is to have level thresholds to ensure accessibility for wheelchair users, with a lift to the first floor, appropriate corridor widths and dedicated mobility parking spaces.
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 Section 91 of the Town and Country Planning Act 1990.
(2) Details and/or samples of the proposed external facing materials of the development shall be submitted to and approved in writing by the Council prior to the commencement of construction work on site and thereafter implemented as approved, concurrently with the development.
Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings.
(3) The extensions hereby approved shall be used only for the purposes of mental health care within Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).
Reasons: For the avoidance of doubt to ensure adequate control over the use.
(4) The extensions hereby approved shall be ancillary to the existing mental health care (Class C2) use of Isham House and shall not form a separate planning unit.
Reason: For the avoidance of doubt to ensure adequate control over the use.
(5) Prior to the commencement of development (including any demolition works), details of the design, sizes, materials, colours and profiles of all new and replacement external windows and doors (including cross-sections where appropriate), shall be submitted to and approved in writing by the Council, thereafter the windows and doors shall be implemented in accordance with the approved details prior to the first occupation of the development and maintained as such.
Reason: In the interests of visual amenity, to preserve and enhance the character of the building.
(6) Prior to the commencement of construction work on site, details of the provision for the storage of bicycles shall be first submitted to and approved in writing by the Council, and thereafter maintained as approved.
Reason: To secure a satisfactory standard of development in the interest of amenity. (7) Prior to the commencement of the development, a scheme to specify the sources of noise on the site, whether from fixed plant or equipment or noise generated within the building and the provision to be made for its control shall be submitted to and approved in writing by the Council and thereafter implemented prior to the commencement of the development and maintained as such.
Reason: To protect the amenities of occupants from noise and vibration.
(8) Prior to the commencement of the development, details of a hard and soft landscaping scheme for the site (including the secure garden area) shall be submitted to and approved in writing by the Council, commenced and completed in accordance with the approved details prior to the first use of the extensions.
Reason: To secure a satisfactory standard of development in the interest of amenity.
(9) The trees on site to be retained, shall be protected for the duration of the development works by a stout fence to be erected and maintained in a location(s) to be submitted to and approved in writing by the Council, prior to the commencement of the development. Within the fenced areas no development works shall take place on, over or under the ground, no vehicles shall be driven, no materials or waste shall be deposited, no bonfires shall be lit or the ground level altered during the periods of development.
Reason: For the avoidance of doubt to ensure the adequate protection of trees to be retained.
(10) The new parking areas, including the dedicated disabled parking spaces, shown on the approved site layout plan shall be constructed and made available for use prior to the first use of the extensions and thereafter maintained.
Reason: To ensure the provision and retention of adequate parking provision.
(11) The development shall be constructed to allow access to and circulation in all public areas by people with disabilities as shown on the approved plans and maintained as such.
Reason: To ensure the building is accessible to people with disabilities.
This page is intentionally left blank NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/254 Location: Land off Lea Road and Adnitt Road Proposal: Demolition of buildings for residential redevelopment – outline application Officer: David Bainbridge
Recommendation:
APPROVAL subject to conditions.
Site Description and History:
The sites consist of a meeting hall on Lea Road and a church on Adnitt Road. Both buildings are detached, being adjacent to terraced properties. Neither site has vehicular access. There is no relevant planning history.
Planning Policy:
Northampton Local Plan Policies: H6, H7, H12, H15, H17, H19 and H20.
Representations:
External
13 Purser Road – concerns about roof line in Lea Road, if higher, it will overshadow property and any rear dormer windows will result in loss of privacy. Another concern is access to parking at the rear of Adnitt Road. Exiting Purser Road is difficult, as the visibility is poor, it is also a difficult place to cross the road in this area. Therefore an access point in Adnitt Road would be dangerous.
Environment Agency – no comments.
Internal
Environmental Health – suggest a noise survey is undertaken by the developer.
Appraisal:
This planning application seeks permission to demolish the standing buildings and to redevelop for residential purposes. The application is in outline with all matters, except the principle, reserved for further consideration.
The current owners and occupiers of the buildings are the Abington Christian Centre, who operate services for their members only, rather than a wider public community use. Due to the beliefs of the church the use of the buildings is restricted to events related to its aims. The building on Adnitt Road is used for Sunday worship, the Lea Road building is used on Sundays and during the week for related activities. In addition, to this the applicants have stated that the buildings are expensive to maintain due to their age, in particular the Adnitt Road building is currently shored up by timbers, and may be structurally unsound.
The loss of the existing buildings will not harm visual amenity, although the loss of a potential community use in the locality is regrettable, it is not protected under local plan policy. Lea Road is a primarily residential area and the stretch of Adnitt Road, a local centre. The principle of the Lea Road redevelopment for residential purposes is therefore acceptable and the redevelopment on Adnitt Road also acceptable. The principle of the residential redevelopment will not harm residential amenity and issues such as siting, design, external appearance, access, landscaping and parking can be resolved at the reserved matters stage.
Because the application is in outline, the number of residential units is unknown. Notwithstanding this, it is considered that the application site area and hence the number of residential units to be submitted under a reserved matters application is most unlikely to exceed the current threshold of 25, at which point affordable housing will need to be provided. However Planning condition is imposed to safeguard the provision of affordable units should the number of dwellings reaches 25. However, it is considered more likely that the site may accommodate 10 or more units and hence a condition to enable the provision of mobility housing is considered necessary.
Conditions
(1) Approval of details of the siting, access, design and external appearance of the buildings and the landscaping of the sites (hereinafter called “the reserved matters”) shall be obtained from the Council.
Reason: This permission is in outline only granted under Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.
(2) Application for approval of reserved matters shall be made to the Council before the expiration of three years from the date of this permission.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
(3) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or if later, before the expiration of two years from the date of approval of the last of the reserved matters to be approved.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
(4) Should the application for reserved matters consist of 10 or more residential units, a minimum of 10% of the total number of units shall be available for occupation by persons with disabilities and constructed to the Council’s mobility housing standards and details of which shall be submitted to and approved by the Council prior to the commencement of construction work on site and thereafter implemented concurrently with the development.
Reason: To ensure adequate provision is made for people with disabilities in accordance with Local Plan Policy.
(5) If the development hereby permitted is to have 25 or more dwellings, 22% of the total number of dwellings shall comprise affordable housing. Details of the proposed affordable housing shall be submitted to and approved by the Council as part of the reserved matters application.
Reason: To ensure that adequate affordable housing is provided in line with the Council’s Affordable Housing Policy.
(6) Prior to the occupation of the general market housing of the site, the affordable housing as approved shall have been built and allocated in accordance with arrangements to be first approved by the Council.
Reason: To ensure that adequate affordable housing is provided in line with the Council’s Affordable Housing Policy.
(7) The affordable housing shall only be used for the purposes of providing housing accommodation to be occupied by the households in need of rented affordable housing in Northampton and to meet the objectives of a registered Social Landlord.
Reason: To ensure that adequate affordable housing is provided in line with the Council’s Affordable Housing Policy.
(8) Prior to the commencement of development (including demolition) a noise exposure assessment of the site, to include the noise exposure category(ies) (NEC) due to external noise (including transportation noise) shall be submitted to and approved in writing by the Council. Where considered necessary by the Council, a scheme to protect the site from the noise sources, showing the type of the proposed noise protection measures together with the resultant NEC(s), shall be submitted to and approved in writing by the Council prior to the commencement of construction works, implemented before first occupation of the relevant dwellings and thereafter maintained.
Reason: To protect the enjoyment of the future occupiers of the site.
(9) Notwithstanding the details shown on the approved drawings, further details of the treatment of the external boundaries of the site and any individual plot boundaries shall be submitted to and be approved in writing by the Council prior to the commencement of construction and implemented concurrently with the development and thereafter maintained.
Reason: To secure a satisfactory standard of development.
(10) Details of the facilities for the secure and covered parking of bicycles shall be submitted to and be approved in writing by the Council prior to the commencement of construction and implemented concurrently with the development and thereafter maintained.
Reason: To ensure the provision of adequate facilities.
(11) Details of the facilities for the storage of refuse shall be submitted to and be approved in writing by the Council prior to the commencement of construction and implemented concurrently with the development and thereafter maintained.
Reason: To ensure the provision of adequate facilities.
(12) No demolition work shall take place until a contract for the redevelopment of the sites has been signed, and evidence submitted to and acknowledged in writing by the Council.
Reason: To avoid a prolonged presence of gap sites in both frontages which would be detrimental to visual amenity.
(13) Prior to the commencement of development, details of research and surveys, including soil investigations, on possible land contamination, including naturally-occurring contamination, shall be submitted to the Council together with a risk assessment and suggestions for any remediation work required. If remediation work is required a scheme approved by the Council shall be implemented prior to the construction work commencing on site.
Reason: To ensure that the scheme deals adequately with any contamination associated with the site.
This page is intentionally left blank NORTHAMPTON BOROUGH COUNCIL HEAD OF PLANNING, TRANSPORTATION AND REGENERATION
PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/309 Location : 69 Kettering Road Proposal : Change of use of ground floor from retail to café (Class A3) Officer : Mr Geoff Wyatt
Recommendation:
APPROVAL subject to conditions.
Site Description and History:
The site is situated on the western side of Kettering Road and is now vacant but was formerly used for retail purposes. Parking is restricted outside the property.
Planning Policy:
Northampton Local Plan Policies T17, H20 and R9.
Representations:
The Council has received a letter from the occupier of No. 11 Exeter Place objecting on the following grounds:
i) increase parking problems in the vicinity of his property ii) increase in noise and disturbance iii) increase in litter problems.
Appraisal:
It is proposed to use the ground floor of the property as a café to open during the day time only. This stretch of the Kettering Road District Centre only has two existing Class A3 uses with a possible further one which was approved at the Planning Committee of 8th January 2003. Therefore, it is considered that a café would not only conform with Policy R9 but also enhance the vitality of this part of the District Centre which has had a number of vacant properties over recent years.
As the café will only open during the day it should not affect the occupiers of nearby properties by way of an increase in noise and disturbance. The dispersal of cooking odours can be controlled by an adequate condition.
The highway improvement scheme will result in a greater number of parking spaces along this part of Kettering Road which should improve the parking situation. It is proposed to use the first floor for residential purposes.
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 Section 91 of the Town and Country Planning Act 1990.
(2) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (or any provisions in any statutory instrument revoking and re-enacting that Order), the premises shall not be used as a public house, wine bar or hot food takeaway.
Reason: In the interests of the amenity of the surrounding locality.
(3) Before the development hereby permitted commences a scheme shall be agreed with the Council that specifies the provisions to be made for the collection, treatment and dispersal of cooking odours.
Reason: In the interests of the amenities of the occupiers of nearby residential properties.
(4) The premises shall not remain open to customers between the hours of 19:00 and 08:00.
Reason: In the interests of the protection of residential amenities.
(5) Details of the provision for the storage of refuse shall be submitted to and approved by the Council, implemented before the premises are used for the permitted purpose and thereafter maintained.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
(6) The development shall be constructed to allow access to and circulation in all public areas by people with disabilities, details of which shall be submitted to and be approved by the Council, implemented concurrently with the development, completed prior to the development being first brought into use and thereafter maintained.
Reason: To ensure that the premises are easily accessible to people with disabilities.
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PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/327 Location : 18A Sheep Street (Vacant Shop) Proposal : Change of use from retail (Class A1) to restaurant (Class A3) with ancillary office and living accommodation above Officer : Mrs Rita Bovey
Recommendations:
APPROVAL IN PRINCIPLE subject to:
(1) The prior finalisation of a Section 106 legal agreement to secure a financial contribution towards the town centre night bus service scheme (£5,000) and the Heritage Economic Regeneration Scheme (£5,000). (2) Planning Conditions attached to this report.
Report Update:
The application was considered by the Planning Committee at the meeting on 30 April 2003 (report enclosed). Members have indicated that they are minded to approve the application, subject to further negotiations with the applicant regarding necessary planning obligations.
Following the Committee’s resolution, the applicant has agreed to contribute towards the town centre night bus service as well as the Heritage Economic Regeneration Scheme.
In addition, the comments from the Town and Country Conservation area Advisory Committee (no objections) and the Gulshaan Restaurant of 18B Sheep Street (Objection) were reported and considered by the Committee at the last meeting.
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 Section 91 of the Town and Country Planning Act 1990.
(2) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any provisions in any statutory instrument revoking and re-enacting that Order), the premises shall not be used as a public house, wine bar or hot food takeaway.
Reason: In the interests of the amenity of the surrounding locality.
(3) A scheme for the collection, treatment and dispersal of cooking smells and fumes shall be submitted to and approved by the Council and the approved scheme shall have been implemented before the premises are used for the permitted purpose and retained thereafter.
Reason: In the interests of the amenity of the surrounding locality and to secure a satisfactory standard of development.
(4) The premises shall not remain open to customers between the hours of 00.00 to 08.00.
Reason: In the interests of general amenity.
(5) Before the development hereby permitted is occupied, a scheme shall be agreed with the Council which specifies the sources of noise on site, whether from fixed plant or equipment and measures for its control. Such measures shall be implemented prior to the premises are used for the permitted purpose and retained thereafter.
Reason: To protect the amenities of nearby occupants from noise and vibration.
(6) Details of the provision for the storage of refuse shall be submitted to and approved by the Council, implemented before the premises are used for the permitted purpose and retained thereafter.
Reason: In the interests of amenity and to secure a satisfactory standard of development.
(7) The proposed residential use shall remain ancillary to the proposed Class A3 use and not form a separate planning unit.
Reason: In the interests of the amenity of the occupiers of proposed residential accommodation.
(8) Unless otherwise agreed in writing by the Council, the development shall be constructed to allow access to and circulation in all public areas by people disabilities, details of which shall be submitted to and approved by the Council, implemented concurrently with the development, completed prior to the development being first brought into use and retained thereafter.
Reason: To ensure that the premises are easily accessible to people with disabilities.
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PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/357 Location : 41 Argyle Street Proposal : Change of use to Islamic Centre in conjunction with the use of adjoining property no.43 with two storey rear extension and fire escape Officer : Mr Geoff Wyatt
Recommendation:
REFUSAL for the following reasons:
(1) The proposal would result in a more intense non-conforming use in this prominently residential area to the detriment of the amenities of the occupiers of adjoining and nearby residential properties through an increase in noise and general disturbance especially in the evening and weekends contrary to Policies H19 and L14 of the Northampton Local Plan.
(2) The proposed centre provides no on-site parking provision which would result in the parking of extra vehicles on nearby residential streets which are already heavily parked especially in the evening to the detriment of the amenities of the occupiers of adjoining and nearby residential properties contrary to Policy T17 of the Northampton Local Plan.
Site Description and History:
The property is a small mid terraced property and is presently used for residential purposes. The adjoining property no. 43 is already used as an Islamic Centre since the 1970’s without the benefit of any planning permission.
Planning Policy:
Northampton Local Plan Policies E21, H19 and L14.
Representations:
The occupiers of No.39 Argyle Street have reservations about this proposal relating to a possible increase in noise and disturbance and lack of on-site parking provision.
Appraisal:
It is proposed to use the property as an extension to the Islamic Centre at the adjoining property No. 43 Argyle Street. It will be used for prayer meetings on a daily basis from 07:00 to 22:00 and a day centre for the elderly and people from ethnic backgrounds.
It is considered that the intensified use of the Islamic Centre in this location is unacceptable due to its location in a prominently residential area. Although the applicant has stated that only up to a maximum 25 people at any one time will use the property there is no guarantee that this number will not be exceeded especially in the future. A high number of people coming and going to the premises will create a considerable increase in noise and disturbance affecting the local residents, especially during the evening and at weekends. Furthermore, the premises have no on-site parking provision which will result in extra demand for the existing street parking which is already heavily used in the evening and weekends with the Saints Rugby Ground in the near vicinity. This will create further parking problems for local residents.
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PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/370 Location : Stems House, Northampton Business Centre, Redhouse Road, Moulton Park Proposal : Change of Use to Fitness Centre for Ladies Officer : Abigail Morgan
Recommendation:
APPROVAL subject to conditions.
Site Description and History:
The application site is located within the Northampton Business Centre on the east side of Redhouse Road, Moulton Park. The unit, currently vacant, has not been occupied with an authorised use for a number of years. Planning Policy:
Northampton Local Plan Policy B14.
Representations:
None.
Appraisal:
The proposal involves the change of use of a vacant 140sqm building to a fitness centre for ladies at Moulton Park. It is anticipated that there would be a maximum of approximately 40 users per day over an 8 hour period based upon the proposed capacity and opening hours.
Whilst it is current policy to seek to retain as much business floorspace as is practicable there are situations where an alternative use can be considered acceptable. Any alternative use should provide a significant benefit to local community and lead to substantial employment opportunities. As the unit is so small it is unlikely to contribute substantially to employment opportunities in its authorised use, which it has not been in for some time. The proposal will initially employ 1/2 members of staff, which is at a similar level to the adjacent unit, which is currently occupied by Carpet Select. The other unit in this block is currently empty. As there are major employment areas nearby the use can be considered a sustainable one as it may reduce the demand to travel for these type of facilities further afield.
The applicants are willing to accept a personal consent on the basis that the development proposed would not normally be appropriate in policy terms.
Conditions:
(1) The development hereby permitted shall be begun before the expiration of the five years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
(2) The premises shall be used as a gym and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).
Reason: In the interests of amenity and to ensure that effective planning control is retained by the Council.
(3) The use hereby approved shall open only between the hours of 09:00 and 19:30 Monday to Friday, 09:00 and 13:30 on Saturdays and at no time or Sunday or Bank Holidays.
Reason: In the interests of general amenity.
(4) This permission shall enure for the personal benefit of Mrs M Langley for the use of the premises as a gym and shall not enure for the benefit of the land. If the applicant ceases to occupy the premises, the use of the premises shall revert back to the authorised use.
Reason: The development proposed would not normally be appropriate in this location but is allowed solely on the personal grounds of the applicant.
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PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/374 Location: 25-29 Robert Street. Proposal: Conversion and change of use from training centre to 19 flats. Officer: David Bainbridge
Recommendation:
APPROVAL IN PRINCIPLE subject to:
(1) a legal agreement to secure a financial contribution towards improved public car parking and / or public transport provision (2) planning conditions
Site Description and History:
The site is located adjacent to 2 residential terraced properties on Robert Street. To the rear of the building is a sign makers premises on Connaught Street. The 3 storey building is currently leased by A.C Willis & Co Ltd who provide a training and development facility for young adults. A.C. Willis, are aware of this application and the previous planning permission, have only a few years of the lease remaining and are seeking a move to new purpose built premises elsewhere in the town.
Planning application N/2000/1121, for the conversion to 10 self-contained flats with parking, was approved on 13 December 2000, and hence is capable of being implemented.
Planning Policy:
Northampton Local Plan Policy: E20, E40, B2, B14, H7, H14, H17, H20 and T17.
Supplementary Planning Guidance: Parking (adopted 28 April 2003)
PPG1: General Policy and Principles PPG3: Housing PPG13: Transport
Representations:
External
Northants County Council – the building was closely associated with the boot and shoe industry in Northants and was established as a curriers workshop in the 1880’s. Would like to see a conversion scheme that is sympathetic to the character of the original building. A condition to allow access for the inspection and recording of all findings of built and archaeological interest, requested.
Internal
Environmental Health – some concerns about potential for the development to be affected by noise. It is noted that the internal layout appears to have incorporated allowance.
Health and Environmental Housing – advice on room space standards, accessibility and general amenity matters forwarded to applicants.
Appraisal:
The site lies adjacent to, but outside the town centre, within the local plan, and is recognised as an existing business area.
Policy B14 seeks to protect recognised business sites from non-business uses. However, this policy is no longer relevant to this particular site as there exists a planning permission for 10 flats and parking (ref: N/2000/1121), which can be implemented. Also, it is considered that a change in the character of the area has taken place in recent years, with a shift away from commercial to residential. Numbers 17 to 23 Robert Street are residential with the corner building at no 31 Robert Street / 34-36 Connaught Street, having recently been converted to residential. A sympathetic conversion of this site will complete the residential nature of the Robert Street frontage, with commercial properties remaining on William Street and Connaught Street.
Given the history of the premises, the retention of the existing building, which is not listed, is to be welcomed. The window and door details on the Robert Street façade will differ to the existing due to the creation of an additional floor within the building. Nonetheless, direct access to the ground floor flats will create an active frontage, the existing red brick upper levels will be retained and enhanced and a vertical emphasis created by a varied window detailing.
The pedestrian access off Robert Street, internal layouts of the flats, room floor sizes, and provision of a communal enclosed rear yard are considered acceptable. The entrance door on the ground floor will have a level threshold giving access to the 4 mobility units on the ground floor. These measures and a suitably treated rear yard and appropriate noise insulation should achieve a satisfactory residential environment. The proposed residential conversion is considered to improve the environment for adjacent and nearby residential occupiers by removing a potential nuisance neighbour. The existing adult training centre, have stated their intentions to locate elsewhere in the town and therefore this facility should not be lost.
Currently there is access to the building for servicing but no actual parking facilities for the users of the building. The application does not provide on-site parking for the use of the potential occupiers of the 19 no. 1 bedroom flats. The applicants have agreed to provide a development contribution towards public car parking and /or public transport provision. Although the lack of on- site parking is not ideal, it is considered that the potential parking demand and traffic movements for the permitted use of the building could be equivalent to the expected demand from the 19 flats. In addition, the general principle of utilising existing buildings in and adjacent to the town centre, accessible by alternative means of travel to the private vehicle, for residential use is encouraged by housing and transport national planning policies and the recently adopted Parking Supplementary Planning Guidance..
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 Section 91 of the Town and Country Planning Act 1990.
(2) The Robert Street façade shall be retained in-situ as shown on the approved drawings, unless otherwise agreed in writing by the Council.
Reason: In the interests of visual amenity, to preserve and enhance the special character of the building.
(3) The accommodation shall be constructed and occupied solely in accordance with the approved drawings, unless otherwise agreed in writing by the Council.
Reason: To ensure that a satisfactory standard and layout of accommodation.
(4) Details and/or samples of the proposed external facing materials of the development shall be submitted to and approved in writing by the Council prior to the commencement of construction work on site and thereafter implemented as approved concurrently with the development.
Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings.
(5) Prior to the commencement of development (including any demolition works), details of the design, sizes, materials, colours and profiles of all new and replacement external windows and doors (including cross-sections where appropriate), shall be submitted to and approved in writing by the Council, thereafter the windows and doors shall be implemented in accordance with the approved details prior to the first occupation of the development and maintained as such.
Reason: In the interests of visual amenity, to preserve and enhance the special character of the building.
(6) Within a period not less than 3 weeks prior to the commencement of development (including any demolition works), a period of time to permit access to the site and building shall be offered in writing to the Council, and made available for use by the Council or its appointed representatives, for the inspection and recording of all built and archaeological features. The access, inspections and recording shall be undertaken in accordance with a timetable to be agreed in writing by the Council and implemented before the commencement of development (including any demolition works).
Reason: To ensure the appropriate provision for investigation and recording the special character of the building.
(7) Flats 1, 2, 3 and 4 shall be constructed in accordance with the approved drawings and maintained as such, unless otherwise agreed in writing by the Council.
Reason: To ensure the provision and retention of a suitable mobility unit.
(8) Prior to the first occupation of any flats, the existing vehicle crossover on Robert Street shall be made good to match the existing pavement and maintained as such.
Reason: To ensure the complete and proper development of the site.
(9) The provision for the storage of refuse as shown on the approved drawings shall be provided prior to the first occupation of any of the flats and thereafter maintained as approved.
Reason: To secure a satisfactory standard of development in the interest of amenity.
(10) The provision for the storage of bicycles as shown on the approved drawings shall be provided prior to the first occupation of any of the flats and thereafter maintained as approved.
Reason: To secure a satisfactory standard of development in the interest of amenity.
(11) Prior to the commencement of construction work on site, details of a secure entry system for the front entrance doors shall be first submitted to and approved in writing by the Council, and thereafter maintained as approved.
Reason: To secure a satisfactory standard of development in the interest of amenity.
(12) Prior to the commencement of the development, details of the external sources of noise and sound levels, and a scheme for the sound attenuation against external noise, shall be submitted to and approved in writing by the Council and thereafter implemented prior to the commencement of the development.
Reason: To protect the amenities of occupants from noise and vibration.
(13) Prior to the commencement of the development, details of a hard and soft landscaping scheme for the external areas of the site and the boundary treatments of the site shall be submitted to and approved in writing by the Council, commenced and completed in accordance with the approved details prior to the first occupation of the flats.
Reason: To secure a satisfactory standard of development in the interest of amenity.
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PLANNING COMMITTEE - 28 MAY 2003
Application No: N/2003/384 Location : 37-38 East Park Parade Proposal : Change of Use from hostel to supported accommodation Officer : Abigail Morgan
Recommendation:
REFUSAL for the following reasons:
The introduction of a further multi-occupancy use into this area, by reason of increased activity and intensification of the proposed development, would be detrimental to the residential character of the area and the amenities of nearby residents contrary to Policies H19 and H31 of the Northampton Local Plan.
Site Description and History:
The building is situated along the East Park Parade. This property has been in some form of alternative residential accommodation since the early 1970s and is currently being used as lodging for vulnerable adults, which is the subject of this application.
Planning Policy:
Northampton Local Plan Policies H19, H29 and H31.
Representations:
The Kettering Road, East Park Parade Residents and Community Association – raise concern about related anti-social behaviour, over-saturation of similar alternative types of accommodation uses in the area and the impact this is having on the surrounding area.
Northamptonshire Supporting People Team – request that if minded to refuse the application bear in mind that the existing tenants will need to be re-housed which may take some time.
5 East Park Parade – concerned that there are already a significant number of similar residences and that they are undermining the character and amenities of the area, effect these types of uses have on surrounding area and anti-social behavior associated with the existing use.
18 East Park Parade – feel that the gradual movement away from traditional family housing and flat conversions is eroding the quality of the area and that there are already a large number of hostels and supported accommodation on East Park Parade. Flat 2, 27 East Park Parade – feel that this use will have a detrimental effect on amenity of surrounding residents.
30 East Park Parade - strongly object due to past anti-social behavior and number of similar uses already in the area.
36 East Park Parade – object strongly, concerns over disorderly and criminal behavior, noise and detrimental effect on character of area.
39 East Park Parade – concerned that ‘the impact of another type of ‘supported accommodation’ in an area which is already suffering due to the concentration of these types of care homes’ will detrimentally affect the area.
40 East Park Parade – concerned about the proliferation of ‘alternative residenences’ in the area and the impacts they can have on the surrounding properties in terms of increase in antisocial behavior and security issues.
41 East Park Parade - object; feel it will have a negative impact.
42 East Park Parade – object; already too many ‘care homes’ in this area.
49 East Park Parade – object to application due to proliferation of similar properties, associated noise and detrimental effect to their enjoyment of their house.
50 East Park Parade – object strongly due to existing high concentration in the area.
11 Holly Road – object due to the huge concentrations of already existing alternative residential properties in the area, that the character of the street has already been ruined by excessive C2 development and the increase in activity associated with the increase in residents would have a detrimental effect due and be a major disruption to the area.
49 Ivy Road – raise a number of concerns regarding the number of hostels already in existence in the area and the lack management at the existing property.
56 Holly Road – concerned that there are too many alternative residential properties in the area.
58 Holly Road – strongly oppose the application as they feel this area has more ‘than its fair share of organizations of this nature’ and object to the associated behavior that accompanies them.
69 Holly Road – strongly object, feel that it is ‘unacceptable considering that there are other like properties in this area’.
100 Holly Road – strongly object, feel that the balance of the community is under threat due to the number already in existence.
101 Holly Road – object as there are already a significant number of similar establishments in the surrounding area and feel that any additional facilities of this nature will have negative cumulative effect on the area resulting in families moving out.
107 Holly Road – object, as there are already a number of similar establishments in the area and they believe another facility will have a negative effect, increase in anti- social behavior, increase in amount of traffic and pressure on parking.
119 Holly Road – concerned as they feel there are already too many hostels and other types of accommodation similar to that proposed
121 Holly Road – object to any increase in the number of such properties in the area.
6 Kingsley Road – raise objections due to the negative impact on the surrounding area of the existing use and concerns about safety for local residents, existing and proposed and enjoyment of their property.
30 Kingsley Road – would like the following points to be considered; nuisance caused by existing use; the existing number of similar type uses; effect on local residents.
34 Kingsley Road - object as they feel that there are already too many similar establishments in the area and associated anti-social behavior.
72 Kingsley Road – object on the grounds that this area is already saturated with this form of accommodation and that the community is becoming unbalanced.
82 Kingsley Road – strongly object due to number of similar types already in existence.
11 St Matthews Parade – strongly object to the application and it is considered that this area is already over subscribed with this form of accommodation and feels that it is already having a detrimental effect on both the neighbourhood and safety and security of nearby families.
47 St Matthews Parade – write in support of letter sent in by occupiers of 6 Kingsley Road.
9 Phippsville Court, St Matthews Parade – on behalf several neighbours feel that the area has ‘more than its fair share of hostel type accommodation’.
88 St Georges Avenue – object due to impact on surrounding area.
110 St Georges Avenue- object to application on grounds that there are too many uses of this type in the area.
60 Ivy Road – feel that these houses are becoming too many and that the current management regime is not sufficient.
87 Ivy Road – object as there are already too many types of similar accommodations in the area and anti-social behavior from existing use.
10 High Street, Brackley – owner of property in East Park Parade. Raises concern that the proposed use will have an increasingly detrimental effect on the character and amenity of the area and that there are already too many lodging type properties in the area.
Appraisal:
The applicants are Msaada who propose to use the properties as supported accommodation for 17 vulnerable adults who experience enduring mental ill health and associated difficulties under the new Supporting People scheme which was introduced in April 2003. The aim of the scheme is to ensure individual needs are met.
The residents are to be provided with practical and emotional support in order for each individual to gain the necessary skills and confidence to move onto independent living.
The application site lies in an area where the Council generally resists the introduction of further non-single family accommodation on the grounds of their cumulative effect where any further provision would be detrimental to the residential character of the area.
However, whilst policy H31 of the Local Plan restricts any further multi-occupancy uses in this area, these two properties have a history of non-single family residential uses, operating as a single unit, dating back to the early 1970s. More recently operating as a care home albeit on a smaller scale. This use was granted consent on a temporary basis which has expired and so is unauthorized at present.
It is proposed to have 3 staff per shift, 08:00 – 14:30 and 14:00 - 22:00, with two members of staff on night duty permanently on site.
It is not anticipated that the proposed use of the property by the residents will create an excessive amount of traffic generation and parking as residents will go off site for services, such as doctors, dentists etc, and on-site staff will provide or assist with all other services, i.e. meals and laundry, on site. However there will be a minimum of 15 possible extra vehicle movements by staff, not including daily cleaners.
These are two substantial three storey houses and the noise and disturbance from 17 residents, plus associated staff, is considered to be unacceptable and would be detrimental to the existing residential character and amenities.
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PLANNING COMMITTEE – 28 MAY 2003
Application No: N/2003/499 Location : Former Tempo Unit, Tollgate Way Proposal : Variation of condition 2 of planning permission N/2002/1643 to extend opening hours Officer : Mrs Rita Bovey
Recommendation:
REFUSAL for the following reason:
The proposed extension of opening hours would be detrimental to the amenities of the occupiers of nearby residential properties by reason of additional activities, noise and likely disturbance contrary to Policies H20 and E21 of the Northampton Local Plan.
Site Description and History:
The application site is located to the west of Tollgate Way. It is the former Tempo electrical retail store and is currently vacant. The site is adjoined by Duston Garden Centre/Rock Bottom Store to the north and Nursery House to the west.
On 26 March 2003, planning permission ref. N/2002/1643 was granted for the change of use of the site to self storage use (Class B8) and erection of external storage units within the site. Although the applicants intended to run a 24 hours operation on site, the Committee resolved to impose a planning condition restricting the operational hours of the site to 08.00 and 19.00 to protect the amenity of nearby residents from noise and disturbance.
The current application seeks to relax the planning condition to allow the use of the main building between the hours of 07.00 to 23.00 and the external storage units between the hours of 08.00 to 19.00 only.
Planning Policy:
Northampton Local Plan Policies H20 and E21. PPG24 (Planning and Noise).
Consultations:
Environmental Health – there are concerns that the requested relaxation in opening hours is likely to give rise to noise problems. As the premises have not yet opened it is not possible to judge the impact made during the existing hours of operation.
Representations:
None.
Appraisal:
The application site is located within close proximity with existing residential properties especially Nursery Cottage. The proposed extension of operational hours would be likely to cause additional activities, noise and disturbance detrimental to the amenities of the occupiers of the nearby properties.
Although there was no opening hours restriction imposed with the previous retail warehouse use, restrictions were imposed regarding deliveries and collections to and from the retail warehouse between 08.00 and 19.00 hours on Mondays and Saturdays and 08.00 to 16.00 hours on Sundays. The reason for imposing such condition was to protect residential amenity.
It is considered that the existing restrictions is reasonable and the application should be refused.
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Outstanding Enforcement Matters
Address Type of Notice Breach of Control Status Committee Authorisation Date
The Gables Listed Building Unauthorised Roof Light Appeal - dismissed 15 March 2000 Ash Lane, Collingtree Enforcement Notice
The Angel Hotel (Fat Cats) Breach of Condition Non compliance with Planning Division ------Bridge Street materials condition negotiating works
12 Regents Square Listed Building Unauthorised boarding up Notice Served 3 October 2001 (Relec) Enforcement Notice of shop front Full Compliance
80-82 Trinity Avenue Breach of Condition Non compliance with Case Closed 15 July 1998 (Former Moto Baldet condition re car storage Full Compliance now Car Nation)
17 Primrose Hill Enforcement Notice Unauthorised Installation of Case Closed 20 February 2002 UPVC Windows and Door Full Complaince Agenda Item11 264 Billing Road East Section 215 Untidy Condition of Land Monitoring by 13th March 2002 Planning Division
The Angel Hotel (Balloon Bar) Listed Building Unauthorised Works to Partial Compliance 15 May 2002 Bridge Street Enforcement Notice Archway Still works outstanding
14 Peverels Way Section 215 Untidy Condition of Land Planning Division 17 July 2002 negotiating works Progress made Address Type of Notice Breach of Control Status Committee Authorisation Date
Bar Med/County Chambers Breach of Condition Non Compliance with Case Closed ------2 – 8 Gold Street noise attenuation condition Full Complaince
Kingsmoor House Breach of Condition Non Compliance with Planning Division ------Mill Lane Boundary Treatment condition negotiating works
182 Towcester Road Enforcement Notice Unauthorised Change of Use Notice Served December 2002 Expires 21st August 2003
Units 5/5A Bective Road Enforcement Notice Unauthorised Change of Use Notice Served 29th January 2003 Expires 21st August 2003
Units 7 & 8 Nene Valley Breach of Condition Unauthorised Mezzanine Floor Appeal Dismissed ------Retail Park Enforcement Notice
Residential Development Breach of Condition Non Compliance with Planning Division ------Land at South Bridge Contaminated land Condition monitoring phased implementation Author and Contact Officer Local Government (Access to Information) Act 1985 Carol Robinson Background Papers
Telephone 01604 838914 The respective committee minutes, notices and appeal papers (as appropriate). Abigail Morgan
Telephone 01604 838595
pl ctte update may 2003 This page is intentionally left blank Agenda Item 12a
Planning Committee Item No 28 May 2003
Portfolio: Title of report Report of Head of Planning, Transportation and Regeneration ODPM 'Planning and Access for Disabled People A Good Directorate: Practice Guide Chief Executive and Town Clerk
Author/Contact Officer: Cara Meehan Planning Officer Ext: 7809
Recommendation 1. That the Committee endorses the ODPM Good Practice Guide ‘Planning and Access for Disabled People’. 2. That the Committee supports further work to implement the Good Practice Points for determining authorities.
Summary This report summarises the ODPM (March 2003) publication 'Planning and Access for Disabled People A Good Practice Guide'.
1. Introduction
1.1 ‘Planning and Access for Disabled People A Good Practice Guide’ has been published following a recommendation of the Disability Rights Task Force and is part of the Government’s continuing commitment to the Disability Discrimination Act 1995. The primary objective of the guide is to ensure that the Town and Country Planning system successfully and consistently delivers ‘inclusive environments’ as an integral part of the development process. An inclusive environment is one that can be used by everyone, regardless of age, gender or disability.
1.2 The guide is aimed at all those involved in the development and planning process, including: planning officers at development control and policy level, planning inspectors, councillors, developers, architects and designers, building control officers and approved inspectors, occupiers, investors, access officers, highways officers, English Heritage, the statutory fire authorities and end users and members of the public, particularly disabled people, older people, women, children, parents, carers and anyone disadvantaged by poor design. Specifically the guide puts forward a series of good practice points for determining authorities and for developers, occupiers and owners.
1.3 This report summarises the good practice points relevant to determining authorities and highlights where further work across the council, in consultation with internal and external partners, is required to achieve best practice in seeking to secure inclusive environments throughout Northampton.
2. Summary of Good Practice Points
2.1 General Good Practice
Good Practice Point 1: All parties involved in the planning and development process should recognise the benefits of, and endeavour to bring about inclusive design.
2.2 Good Practice for Determining Authorities
2.2.1 Section 54A of the Town and Country Planning Act 1990 requires planning applications to be determined in accordance with the relevant policies and proposals of the development plan unless there are material reasons to depart from them. Including appropriate inclusive access policies within the development plan is therefore the most effective way of ensuring the consistent delivery of inclusive environments during the development process. Points 2-5, reproduced below, identify good practice in preparing an effective policy framework.
Good Practice Point 2: If a development proposal does not provide inclusive access, and there are inclusive access policies in the development plan and in supplementary planning guidance, bearing in mind other policy considerations consider refusing planning permission on the grounds that the scheme does not comply with the development plan.
Good Practice Point 3: Include appropriate inclusive access policies at all levels of the development plan supported by a specific strategic policy. Do not rely on a single access policy.
Good Practice Point 4: Develop and implement supplementary planning guidance as: a) The definitive inclusive design guidance of the authority or b) A way of ensuring that inclusive design is a material planning consideration without having to wait for the review or implementation of a full development plan.
Good Practice Point 5: Include relevant inclusive access policies within the local transport plan in co-ordination with similar policies within the development plan.
2.2.2 Current Supplementary Planning Guidance (SPG) on mobility housing has been key to securing a proportion of accessible housing in development schemes. In consultation, both internally and externally, there is scope to expand SPG to cover other areas of inclusive design. The good practice points also highlight the importance of joint working for example with County highways to ensure a consistent policy approach.
2.2.3 Good practice points 6-10, reproduced below, identify how the development control process can effectively deliver inclusive environments.
Good Practice Point 6: Consider the use of planning conditions or section 106 agreements in enhancing the provision for inclusive access in the wider urban environment.
Good practice Point 7: Encourage pre-application discussions with applicants.
Good Practice Point 8: Issue applicants with pre-application guidance notes. Good Practice Point 9: Amend application forms to make applicants think proactively about inclusive design.
Good Practice Point 10: Applicants should be encouraged to submit access statements with their applications.
2.2.4 With reference to points 6-7 there is scope to develop current practice which has been successful in securing inclusive access through both planning conditions and section 106 agreements and highlighting access issues at the pre-application stage. Actively addressing points 8-10, initially through consultation, could be crucial in encouraging applicants to focus on access issues earlier in the development process and in a more comprehensive way.
2.2.5 Good practice points 11-14 set out good practice in staffing, training and liasing with adjoining authorities and access groups.
Good Practice Point 11: Make sure planning officers receive appropriate training on all aspects of an inclusive environment.
Good Practice Point 12: Seek to appoint an Access Officer. As a minimum, each authority should be able to call upon the appropriate professional advice whenever necessary – either through information and resource sharing with other local authorities or by the appointment of consultants with appropriate experience. Suitable consultants may be located through or be a member of the Access Association, or be listed on the National Register of Access Consultants.
Good Practice Point 13: Share expertise and resources with other authorities as necessary. Set up regional or county access forums to network and share information across borough boundaries.
Good Practice Point 14: Encourage regular liaison with local access groups.
2.2.6 The Council has a good record of training planning officers in access issues and the Council’s full time Access Officer is vice chair of the Access Association and a member of the National Register of Access Consultants. The County has an established Access Group. The local Access Group meets regularly their responses feed into planning application responses. All are key partners in implementing the good practice guide.
2.2.7 Good practice points 15-17 highlight the need for close integration both within the Council and with other statutory authorities to reconcile potentially conflicting policy objectives in ensuring that buildings and the spaces around them are accessible.
Good Practice Point 15: Include appropriate heritage and inclusive access policies in the development plan, local transport plan and any supplementary guidance.
Good Practice Point 16: Include appropriate highways policies in the development plan, and ensure these correspond with similar polices set by the statutory highway authority.
Good Practice Point 17: Encourage continuing dialogue between applicants, planning and building control bodies to ensure progressive development of the inclusive design strategy.
2.2.8 These are all already undertaken to a certain extent at the Borough.
3. Conclusion
3.1 It is reassuring to note that the majority of the Good Practice Points have already been implemented at the Borough but there are further refinements that can be made and these are reflected in the recommendation.
4. Resource Implications
4.1 Met within existing budgets.
5. Community Strategy
5.1 Securing inclusive environments links with the themes of ‘Improving the Environment’ and ‘Promoting Good Health, Housing and Social Well- Being’.
6. Consultation
6.1 Chief Executive and Town Clerk – Access Officer
7. Background Papers
7.1 ODPM publication “Planning and Access for Disabled People: A Good Practice Guide”.
This page is intentionally left blank Agenda Item 12b
Planning Committee Item No
28 May 2003
Report of Head of Planning, Transportation and Regeneration Protocol on Probity in Planning
Author/Contact Officer:
Mr Richard Fox Assistant Head of Planning
Tel: 01604 838985
Recommendation That the adopted Protocol on Probity in Planning be noted by new members of the Committee.
1. Background 1.1. In 1997, following a recommendation from Nolan Committee, the Local Government Association (LGA) published a guidance note entitled “Probity in Planning: the role of Councillors and Officers”. 1.2. The Local Government Act 2000 introduced a new ethical framework to local governments, including a Model Code of Conduct for Councillors. Arising from this, the LGA updated their guidance on “Probity in Planning” giving advice on preparing a local guide of good practice for those dealing with planning matters. 1.3. In 2002 a Protocol on Probity in Planning was considered by the Planning Committee, approved by the Standards Committee and adopted by the Council. A copy is appended.
2. Resource Implications 2.1. None arising from this report.
3. Background Papers 3.1. District Audit Report: Probity in Planning Audit 1999/2000. 3.2. Local Government Association: Probity in Planning (Update) The Role of Councillors and Officers 2002. 3.3. Report of Borough Solicitor to the Standards Committee on 25 June 2002 and 3 September 2002. NORTHAMPTON BOROUGH COUNCIL
PROBITY IN PLANNING
PROTOCOL
AUGUST 2002
PROBITY IN PLANNING – PROTOCOL
CONTENTS
Page
1. Introduction 1
2. Conduct of Councillors and Officers
2.1 Voting and Impartiality 1 2.8 Gifts and Hospitality 2 2.9 Independence and Impartiality of Officers 2 2.12 Declarations of Interests 3 2.16 Involvement of Councillors with Applicants 3 2.18 Council Development Proposals 4 2.20 Development Proposals of Councillors and 4 Officers 2.21 Lobbying of Councillors and Circulation of 4 Unofficial Information 2.26 Political Decisions on Planning Applications 5
3. The Decision Making Process 6
3.1 Pre-Application Discussions 6 3.3 Site Visits 6 3.4 Reports to Committee 6 3.5 The Committee’s Decisions 7 (Public Attendance at Committee Meetings) 7
3.6 Deferred Decisions 7
4. Administrative Matters 7
4.1 Training of Planning Committee Members 7 4.4 Record Keeping 8 4.5 Monitoring of Decisions 8 4.6 Complaints 8
Appendix I – Procedures for Determining Planning 9 Applications
Appendix II – Site Visits 12
lamas/protocol050902 PROTOCOL – PROBITY IN PLANNING
1. INTRODUCTION
1.1 This Protocol has been prepared to assist Councillors and Officers in the discharge of the Council’s planning functions. The highest standards of conduct and propriety are expected in the discharge of all Council functions. Decisions in respect of planning matters will be the subject of particularly close scrutiny as these can have a considerable effect on the value of land and on the lives and amenities of people living near development sites. The principles upon which decisions must be made are set out in the Development Plan which may include statutory County Structure Plans and Local Plans, and in national Planning Policy Guidance Notes. The Town and Country Planning Act 1990 requires decisions to be made in accordance with the provisions of the Development Plan unless material considerations indicate otherwise.
1.2 However, many planning decisions depend to a greater or lesser degree upon judgement and interpretation of policies and guidance. It is therefore essential that decisions are made having regard only to proper planning considerations and are made impartially and in a way that does not give rise to public suspicion or mistrust.
1.3 So far as questions of propriety are concerned Councillors and Officers should have full regard to the Members’ Code of Conduct, the Officers’ Code of Conduct and the Protocol on Member/Officer Relations set out in the Constitution of Northampton Borough Council.
1.4 The purpose of this Protocol is to set out in detail how Councillors and Officers should act and the procedures which should be followed to ensure that they not only act in a fair and proper manner, but are also seen to do so.
2. CONDUCT OF COUNCILLORS AND OFFICERS
Voting and Impartiality
2.1 Councillors must vote in the interests of the whole Borough. Their overriding duty is to the whole community, rather than just the people living in their Ward.
2.2 Members of the Planning Committee must not declare which way they intend to vote in advance of the consideration of an application by the Planning Committee. To do so would in effect be pre-judging the application and expose the Council to the possibility of legal challenge or a charge of maladministration. Members must not make their minds up until they have read the relevant Committee reports and heard the evidence and arguments on both sides.
2.3 If a Member of the Planning Committee does declare his or her outright support or opposition for a proposal before the matter has been put before the Planning Committee where that Member would be entitled to vote, he or she must declare a personal and prejudicial interest and leave the room whilst the item is discussed. They can take no part in the voting on that particular item.
1 lamas/protocol050902 This does not mean that Members of the Planning Committee cannot make a comment or reflect local concerns about a proposal before it is considered by the Planning Committee. But the view or comment must not predetermine or be seen to pre-determine the way that Councillor will vote.
2.4 Planning Committee Members who are also Members of parish councils and/or Area Partnerships may find that they are expected to express a view at a parish council or Area Partnership meeting or vote on whether or not the parish should object or comment on a proposal from a Parish point of view. In such circumstances if they wish to act as a Member of the Planning Committee determining the application, they should not declare outright support or opposition for a proposal and they should make clear that they are reserving their position and are not prejudicing the decision that they will have to make as a Councillor. This will also ensure that the propriety of their vote at the Council Planning Committee cannot be challenged.
2.5 If a Councillor does declare his or her outright support or opposition to a planning proposal at a parish council and/or Area Partnership meeting or elsewhere they should, if they are in attendance at a Council Planning Committee meeting when that matter is being discussed or reported, declare a personal and prejudicial interest and leave the room whilst the item is discussed. They can take no part in the voting on that item.
2.6 Also, Councillors should not organise support for or against a planning application and should not lobby other Councillors since this would also signal that they had made up their mind before hearing the evidence. Each Councillor should make up his or her own mind on the evidence and facts presented to the Committee. (See Section on Lobbying, page 4)
2.7 Councillors must not favour or show bias against any particular person, company or group, or any particular site or locality. They should not put themselves in a position where they may appear to do so.
Gifts and Hospitality
2.8 Councillors should not accept any gift or hospitality (other than minor refreshments).
Independence and Impartiality of Officers
2.9 Councillors must not instruct Officers to take a particular course of action or make a particular recommendation other than through a decision of the Council or one of its Committees. Officers must always act impartially and advise the Council of their professional opinion. Chartered Town Planners must abide by the Royal Town Planning Institute’s Code of Professional Conduct. Chartered Town Planners may only advocate their own professional view.
2.10 Whilst Chartered Town Planners appearing as the Council’s expert witnesses at Planning Inquiries have a duty to set out the Council’s case, they must, if asked, give their own professional view in accordance with the Royal Town Planning Institute’s Code of Professional Conduct. 2 lamas/protocol050902 2.11 Similar codes of conduct apply to members of other professions who are involved in the planning process.
Declaration of Interests
2.12 Councillors must always declare personal interests and personal and prejudicial interests at meetings of the Council’s Planning Committee in accordance with the Local Government Act 2000 and the Council’s Code of Conduct. If in doubt, an interest should be declared. It is the duty of each Councillor to declare an interest and also to advise the Council’s Monitoring Officer of any new interest which must be added to the Register of Members’ Interests kept by him/her.
2.13 A personal interest in a matter is one where the matter relates to an interest in respect of which notification must be given under paragraphs 8.1 and 8.2 of the Council’s Code of Conduct for Councillors (eg their employment or business, land in which they have a beneficial interest) or if a decision upon it might reasonably be regarded as affecting to a greater extent than other Council Tax payers, ratepayers or inhabitants of the Council’s area, the well- being or financial position of himself, a relative or friends or other circumstances listed in paragraph 3.1 of the Code.
2.14 A Councillor with a personal interest also has a prejudicial interest in an application if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Councillor’s judgement of the public interest. The question which Councillors should ask themselves is not whether they think they are prejudiced, but whether others, knowing all the facts, might conclude that they are prejudiced. There are statutory exemptions listed in paragraph 5.2 of the Code.
2.15 A Member with a personal interest must disclose the existence and nature of the interest at the commencement of consideration of the item or when the interest becomes apparent, but may take part in the debate and vote. However, a Member with a personal and prejudicial interest must withdraw from the room whenever it becomes apparent that the matter is being considered at that meeting. The responsibility for declaring an interest lies with the Councillor, but the Council’s Monitoring Officer can provide advice prior to the meeting. Further details on declaration of interests are given in the Council’s Code of Conduct for Councillors set out in the Council’s Constitution.
Involvement of Councillors with Applicants
2.16 Members of the Planning Committee should not act as agents or submit planning applications for other parties or voluntary bodies. To do so would give rise to suspicion that the Councillor was not impartial or may influence other Councillors in the decision making process. Any Councillor who is a planning or similar agent will not be appointed to the Planning Committee.
3 lamas/protocol050902 2.17. Where Councillors need to submit planning applications on their own behalf, or on behalf of their employer as part of their job, they must declare a personal and prejudicial interest and take no part in the processing of the application or in the decision making process. While they may properly seek pre-application advice from Officers in exactly the same way as any other applicant, they should avoid all contact, whether direct or indirect, with Members of the Planning Committee concerning the application. The same rule applies if a Councillor’s employer submits an application, irrespective of whether the Councillor is involved in the application, its presentation or submission.
Council Development Proposals
2.18 The Council’s own planning applications must be dealt with on exactly the same basis as applications submitted by members of the public. Officers must make recommendations having regard only to proper planning matters and must not have regard to any other benefit, financial or otherwise, which may accrue to the Council as a result of any particular decision on a planning proposal.
2.19 Members of the Council who have previously expressed a forthright view either in favour of or in opposition to a Council proposal, including at the originating Committee or in Council, must make an open declaration of that view to the Committee and take no part in voting on that particular item. Alternatively, as Planning Committee Members who are also Members of an originating Committee, they may abstain from any originating Committee or Council debate or vote in order to make clear that they are not prejudicing any decision they might have to make as a Planning Committee Member.
Development Proposals of Councillors and Officers
2.20 Proposals to the Council by serving and former Councillors and Officers and their close relatives and friends can give rise to suspicions of impropriety. Such proposals can take a variety of forms including planning applications and development plan proposals. It is, or course, perfectly legitimate for such proposals to be submitted. However it is vital that they are handled in a way which gives no grounds for accusations of favouritism. Consequently all such applications should be identified to the Head of Planning Transportation and Regeneration and shall be determined by the Planning Committee rather than by Officers under delegated powers. Members of the Planning Committee must, of course, consider whether the nature of any relationship with any Member submitting the planning application requires that they make a declaration and withdraw from the meeting.
Lobbying of Councillors and Circulation of Unofficial Information
2.21 Lobbying is an attempt to influence a Councillor’s view in order to achieve a particular decision. It is a normal part of the political process but where Councillors are making statutory decisions, such as planning decisions, it can result in decisions being made improperly.
4 lamas/protocol050902 2.22 Planning decisions must be made strictly on the basis of the facts and policies relating to each case. Councillors must not only act in a way that is fair to all parties but must be seen to do so. In particular, Councillors determining an application must not prejudge proposals before they have read the Officer’s reports and considered all the evidence.
2.23 Lobbying can take two forms: