North Area Committee 3rd June 2010

Application Number: 10/00594/FUL

Decision Due by: 7th June 2010

Proposal: Demolition of electricity sub station. Erection of 2x1 bed flats, together with new substation, cycle and bin stores and shared garden (amended plans).

Site Address: 1 Hayfield Road Oxfordshire OX2 6TX

Ward: St Margaret’s Ward

Agent: Riach Architects Applicant: Home UK Ltd.

Called in by Councillors Campbell, Armitage, Foods and Brundin on grounds of overdevelopment and inappropriate development in a Conservation Area

Recommendation:

APPLICATION BE APPROVED

For the following reasons:

1 The proposed development is considered to form an appropriate visual relationship with the existing building and its surroundings and would preserve the character and appearance of the Victorian Suburb Conservation Area. Oxfordshire County Council as Local Highway Authority are not raising an objection to the principle of a car free development and have no other objections on highway safety grounds. The proposals provide for adequate cycle parking spaces, bin storage and shared amenity space and it is considered that the proposals accord with policies CP1, CP6, CP7, CP8. CP9, CP10, HE7 and HS19 of he adopted Oxford Local Plan 2001 - 2016.

2 A number of letters of objection have been received and the contents of these have been carefully considered as set out in the officer report. However it is considered that these objections, either individually or cumulatively, do not constitute sustainable reasons for refusing this planning application based on adopted policies contained in the Oxford Local Plan.

3 The Council considers that the proposal accords with the policies of the development plan as summarised below. It has taken into consideration all other material matters, including matters raised in response to consultation and publicity. Any material harm that the development would otherwise give rise to can be offset by the conditions imposed. subject to the following conditions, which have been imposed for the reasons stated:-

REPORT

1 Development begun within time limit

2 Samples in Conservation Area

3 Landscape plan required

4 Landscape carry out by completion

5 Boundary details before commencement

6 Variation of Road Traffic Order - Hayfield Road,

7 Provision of cycle parking and bin store

8 Ground resurfacing to be SUDS compliant

9 Retain existing wall

10 High level windows

11 Design - no additions to dwelling

12 Details of cycle shed including ground levels

13 Develop in accordance with approved plans

14 Retain existing walls

15 Implementation of sustainability measures

Main Local Plan Policies:

Oxford Local Plan 2001-2016

CP1 - Development Proposals CP6 - Efficient Use of Land & Density CP7 - Urban Design CP8 - Design Development to Relate to its Context CP9 - Creating Successful New Places CP10 - Siting Development to Meet Functional Needs CP12 - Designing out Crime CP15 - Energy Efficiency TR3 - Car Parking Standards TR4 - Pedestrian & Cycle Facilities HE7 - Conservation Areas HS2 - Recycling Land Target HS8 - Balance of Dwellings HS19 - Privacy & Amenity

REPORT HS20 - Local Residential Environment HS21 - Private Open Space

Core Strategy – Proposed Changes

CSP2 - Previously developed land & greenfield land CSP10 - Energy & natural resources CSP11 - Waste & recycling CSP19 - Urban design townscape char & historic environment CSP24 - Mix of housing

Other Material Considerations: This application is in or affecting the North Oxford Victorian Suburb Conservation Area. PPS1 – Delivering Sustainable Development PPS3 – Housing PPG13 - Transport

Relevant Site History:

78/00298/AH_H

Outline application for erection of 4 flats and 4 car parking spaces. Provision of 9 additional office car parking spaces

Approved

79/00005/AH_H

Erection of 4 flats and 4 car parking spaces. Provision of 9 additional office car parking spaces.

Approved

Representations Received:

22 letters of objection. The main points raised can be summarised as follows:

• The existing flats are not in keeping with the character of the area and to build more of the same would make the situation worse • The site is within the North Oxford Victorian Suburb Conservation Area • The site is not a ‘dead area’ but the hub of an open space • How can the new flats be car free and kept as such • Loss of light to the properties opposite the site • Hayfield Road properties are primarily mellow brick, not red brick • The design of the new flats is pedestrian and uninspired • One bedroom flats would cater for students in an area dominated by owner occupation • Hayfield Road is an attractive residential street designed by H Wilkinson

REPORT Moore • The proposal involves the loss of an historic wall • Management of the existing flats is poor; there is grafitti on the walls and anti social behaviour is not uncommon • The bin store is often unsightly and overflows onto the pavement • Additional traffic would be dangerous • Trees have been removed – any new development should include new planting • The proposed new electricity sub station would be too close to living accommodation • The increase in the density of development is not acceptable • The new cycle shed would be unneighbourly to adjoining residents • The development should include a proposal to restyle the existing flats • The ground level of the site is much higher than number 3 and therefore the new bicycle shed would appear very high and overbearing • The trees are not shown accurately on the plans • The proposal includes the removal of the existing vegetation along the boundary with number 3

Statutory and Internal Consultees: Oxford Preservation Trust, Thames Water Utilities Limited, Allotments Association, Hayfield Road Residents Association, North Oxford Defence Association, Highways And Traffic.

Oxfordshire County Council as Local Highway Authority

No objection subject to the site being excluded from the Controlled Parking Zone; the provision of secure and sheltered cycle parking prior to the occupation of the new units and any ground resurfacing to be SUDS compliant.

Thames Water

No objection on grounds of sewerage or surface water infrastructure.

Issues:

• Principle • Form and appearance and impact in the Conservation Area • Highways and parking • Private amenity space • Impact on neighbours • Bin storage and cycle parking • Residential amenity

Sustainability:

The site lies in a sustainable location within easy access of shops, services and public transport links and the proposal would constitute a sustainable form of development that would make more efficient use of an existing brownfield site.

REPORT

The design and access statement submitted with the application states that the proposals have been designed to conform to and where possible exceed current building regulations in terms of insulation and glazing. It goes on to state that the proposals would, where possible, use recycled or renewable materials; use materials that have low VOC emissions; use energy saving devices and fittings; reduce thermal bridging; use heating systems or low carbon technologies and provide more efficient lighting.

Officers Assessment:

Site description and location

1. The site lies on the west side of Hayfield Road to the south of its junction with and comprises an electricity sub-station and bin store area serving an existing development of 4 flats, together with the communal amenity area also serving these flats which were granted planning permission in 1979. In all the site extends to some 0.03 hectare and backs onto the Oxford Canal.

2. The site lies within the North Oxford Victorian Suburb Conservation Area which was extended in July 1976. This predates the granting of planning permission for the existing flats in 1979. Most of Hayfield Road is characterised by small, terraced cottages designed by HW Moore [1887] which front directly onto the pavement and have distinctive stone washed or natural lintels.

3. To the south of the site is a substantial, two storey commercial building together with its associated car park and on the opposite side of the road and to the south are residential properties, a delicatessen, a car repair business and a public house.

The Proposal

4. The application seeks planning permission for the removal of the existing sub-station, bin and cycle store and the erection of a two storey extension to the existing flatted building to provide a new sub-station and studio apartment on the ground floor and a new one bedroom flat on the first floor. It is also proposed to provide replacement bin stores and a new bicycle shed in the rear communal garden. Amended plans have been received that retain the existing historic brick wall along the boundary with number 3 Hayfield Road and pull the new bicycle shed away from the wall to ensure it is not damaged.

5. It is proposed to erect the new extension using facing bricks and roof slates that would match the existing, adjacent buildings and it would also incorporate the same style of windows. A new double door would access the sub-station.

REPORT

6. The new building would have a height of 7.5 metres with an identical ridge line to the adjacent building. It would incorporate high level windows to its rear elevation to avoid any overlooking towards the existing flats.

7. The new cycle shed would have a maximum height of 2.1 metres and would have a steel frame with a corrugated roof. It is considered that this roof material is not appropriate and condition 12 recommends that an alternative material is agreed.

8. The application is accompanied by technical information supplied by Scottish and Southern Energy relating to electric and magnetic fields and the proposed new sub-station.

Principle

9. PPS3 identifies the need to make efficient use of land and this is reflected in policy CP6 of the Oxford Local Plan which states that development proposals should make efficient use of land by making the best use of site capacity. However it goes on to say that this should be in a manner that does not compromise the character of the surrounding area. The site constitutes previously developed land and no objection is raised to the principle of residential development and the provision of two additional small units of accommodation; however the site does lie within the North Oxford Conservation Area and it is therefore necessary to consider the impact of the proposal in terms of the Conservation Area.

Form and Appearance and impact in the Conservation Area

10. Legislation requires that the Council has particular regard to the desirability of preserving or enhancing the special character and appearance of the particular Conservation Area and this is reflected in policy HE7 of the Oxford Local Plan.

11. The North Oxford Victorian Suburb Conservation Area Appraisal [draft] refers to Hayfield Road as having a much harder urban form [than Kingston Road]. It also refers to the small cottages which front onto the pavement and create an unbroken rhythm of original facades.

12. The site lies at the south end of Hayfield Road close to its confluence with Kingston Road where the character of the road changes from entirely residential to a more mixed character with a large commercial building and its car park dominating the west side of the road with retail and car repair uses on the east side of the road adjacent to the Anchor public house. It is considered that the proposal to infill a corner of the existing flatted development with an extension measuring some 6.5 metres by 7 metres would not compromise the essential character of the Conservation Area and would not appear out of keeping with the character of this part of Hayfield Road. Whilst it is accepted that the existing flatted development has a different form and appearance to the traditional cottages that

REPORT characterise much of the road, officers consider that a further extension to this development would not appear so harmful to warrant a refusal of this application on grounds of visual impact and views of the site from the canal paths would not materially change as a result of the development.

Highways and parking

13. Oxfordshire County Council as Local Highway Authority are not raising an objection to the application based on the two flats being car free with no access to parking permits. This is reflected in condition 6 of the recommendation which would require the applicant to enter into a Unilateral Undertaking to vary the Traffic Regulation Order governing parking in Hayfield Road.

14. Other conditions requested by the Highway Authority relate to the provision of cycle parking prior to any occupation of the new flats and the use of SUDS for any necessary ground resurfacing [conditions 7 and 8].

Private amenity space

15. Policy HS21 of the Oxford Local Plan states that planning permission will not be granted for development proposals involving residential uses where insufficient or poor quality private open space is proposed. It goes on to say that each dwelling should have access to a private, open space possibly in the form of a balcony.

16. The proposal is for two, small flats that would share the existing communal rear garden area that runs down to the canal. The original plans submitted as a pre application enquiry did include the provision of a small balcony on the front elevation to serve the larger, first floor flat. However officers felt that this would be an unneighbourly feature given the relatively restricted width of Hayfield Road and this was removed from the plans submitted with this planning application.

17. The existing communal garden is of a reasonable size and provides a high standard of amenity with its view of the canal. It is considered that this is adequate to serve an additional two, modest flats.

Impact on neighbours

18. It is considered that the proposal would have a minimal impact on the occupiers of the existing flats and the use of high level windows in the rear elevation of the proposed flats would address any issues regarding overlooking.

19. The occupier of the adjacent dwelling, number 3 Hayfield Road, has expressed concerns that the proposed new bicycle shed would be noisy and unneighbourly close to the joint boundary. She has also expressed concerns that is a difference in ground levels between number 3 and the application site such that the new cycle shed could appear high and

REPORT overbearing. Officers do not consider that the use of the proposed bicycle shed would result in an unacceptable level of noise and disturbance to the occupiers of number 3; however the point raised about ground levels is material and it is important that any new bicycle shed is constructed at the same ground level as the existing buildings on the site. Condition 12 would require further information on ground levels.

20. The occupiers of the dwellings immediately opposite the site [numbers 14 and 16 Hayfield Road] would have an additional full length first floor window facing towards them with the other first floor window proposed as a high level window. The window to window distances between the new flat and the existing dwellings opposite would be some 11.5 metres and this is considered to be acceptable.

Bin storage and cycle parking

21. The proposal includes the provision of a new bicycle shed in the rear garden area which would measure some 5.5 metres by 2.3 metres and would accommodate a total of 10 cycle parking spaces. This would replace the existing cycle parking area which is located behind the wall fronting onto Hayfield Road. The County Council are satisfied with this provision subject to it being provided prior to the first occupation of the new flats.

22. The new bin store areas would be in part of the rear garden of one of the existing flats [4 bins] and underneath the stairs giving access to the first floor flats [2 bins]. This is considered to be acceptable and in accordance with the relationship of the majority of the existing dwellings in Hayfield Road. In addition, it would be the same as the relationship between the windows in the existing flats fronting Hayfield Road and the dwellings opposite which was considered to be acceptable at the time of granting planning permission in 1979.

Residential amenity

23. Policy HS11 of the Oxford Local Plan refers to the sub division of dwellings so is not directly relevant to this proposal. However it does state that new residential units should have a minimum internal floor area of 25 square metres and this figure is generally applied to new flats and apartments. The two proposed flats would have internal floor areas of 30 square metres in the case of the ground floor studio flat and 42 square metres for the first floor one bedroom flat which would both exceed the minimum figure. Both flats would be fully self contained with their own lockable entrances.

24. Concern has been raised over the proximity of the proposed new electricity sub-station and the new flats, particularly the ground floor studio apartment. Similar concerns were also raised by officers at the pre application stage although this is not a material planning issue as it is covered by alternative legislation. The application is accompanied by technical information relating to electric and magnetic fields and the

REPORT applicants are aware of the need to meet health and safety standards.

Conclusion

25. The proposed development is considered to form an appropriate visual relationship with the existing building and its surroundings and would preserve the character and appearance of the North Oxford Victorian Suburb Conservation Area. Oxfordshire County Council as Local Highway Authority are not raising an objection to the principle of a car free development and have no other objections on highway safety grounds. The proposals provide for adequate cycle parking spaces, bin storage and shared amenity space and it is considered that the proposals accord with policies CP1, CP6, CP7, CP8, CP9, CP10, HE7 and HS19 of the adopted Oxford Local Plan 2001 – 2016.

Human Rights Act 1998

Officers have considered the Human Rights Act 1998 in reaching a recommendation to grant planning permission, subject to conditions. Officers have considered the potential interference with the rights of the owners/occupiers of surrounding properties under Article 8 and/or Article 1 of the First Protocol of the Act and consider that it is proportionate.

Officers have also considered the interference with the human rights of the applicant under Article 8 and/or Article 1 of the First Protocol caused by imposing conditions. Officers consider that the conditions are necessary to protect the rights and freedoms of others and to control the use of property in accordance with the general interest. The interference is therefore justifiable and proportionate.

Section 17 of the Crime and Disorder Act 1998

Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to grant planning permission, officers consider that the proposal will not undermine crime prevention or the promotion of community safety.

Background Papers:

10/00594/FUL

Contact Officer: Angela Fettiplace Extension: 2445 Date: 18th May 2010

REPORT

REPORT