Item 8 Development Control Report of the Strategic Director of Neighbourhoods

Planning Control Committee 26th July 2012 Index Planning Control Committee 26 July 2012 Item Page Application Address Proposal Recommendation No. No. No. 1 1 - 17 03/12/00359 Rear gardens of 136 - Demolition of 146 and A. To authorise the 148 Swarkestone 148 Swarkestone Road Director of Planning and Road, Chellaston, and erection of 16 Facilities Management Derby, DE73 1UD dwelling houses to negotiate the terms of a Section 106 Agreement to achieve the objectives set out in 11.2 below and to authorise the Director of Legal and Democratic Services to enter into such an agreement.

B. To authorise the Director of Planning and Facilities Management to grant permission upon conclusion of the above Section 106 Agreement, subject to the following list of conditions, and to give officers delegated authority to draft, amend or add to them in consultation with the Chair.

2 18 - 21 05/12/00542 93 Grosvenor Street, Retention of single To refuse planning Derby, DE24 8AT storey extension to permission. dwelling house (porch)

3 22 - 29 05/12/00543 Homefields Primary Erection of classroom To grant planning School, Parkway, for temporary period permission with Chellaston, Derby, conditions DE73 1NY

4 30 - 34 10/09/01210 34 Chester Green Retention of extension To grant permission Road, Derby to dwelling house without conditions (bedroom)

5 35 - 48 02/12/00117 Land between 48 Erection of 2 dwelling To grant planning Pastures Hill and 1 - 3 houses and formation of permission with Newcrest Close, vehicular access conditions Littleover, Derby

6 49 - 57 04/12/00484 4a Chester Green Change of use from To grant planning Road, Derby, DE1 Retail (Use Class A1) to permission with 3SF Micropub (Use Class conditions A4) Index Planning Control Committee 26 July 2012 Item Page Application Address Proposal Recommendation No. No. No. 7 58 - 66 04/12/00404 406 Burton Road, Two storey side and To grant planning Derby, DE23 6AJ rear extensions to permission with dwelling house (lounge, conditions sitting room, w.c, bedroom, 2 en-suites, bathroom, landing, juliet balcony and enlargement of kitchen and 2 bedrooms), demolition of garage and erection of double detached garage

8 67 - 77 05/12/00574 Site of Fontenay, Old Demolition of dwelling To grant planning Hall Avenue, house. Erection of 3 permission with Littleover, Derby, detached dwelling conditions DE23 6EN houses and formation of vehicular access.

9 78 - 85 01/12/00048 Land at east end of Change of use from To grant planning Roman Road, Derby, plant hire depot (Use permission with DE1 3RX (Former Class B2) to self storage conditions Banner Plant Depot) container site (Use Class B8)

10 86 - 90 04/12/00459 86 Francis Street and Extension to shop To grant planning 4 Beaufort Street, (kitchen), change of use permission with Derby, DE21 of ground floor from conditions Residential (Use Class C3) to Retail (Use Class A1) to form extension to existing shop and change of use of first floor to Hairdressers (Use Class A1) including alterations to elevations

11 91 - 04/12/00500 Proposed Units, Change of use from To grant planning 100 Pullman Business offices (Use Class B1) permission with Park, Orient Way, to non-residential conditions Pride Park, Derby institution (Use Class D1). 12 101 - 04/12/00427 14 Arlington Road, Removal of dormer and To refuse planning 105 Derby, DE23 6NY installation of gable roof permission. (Twelve Trees) extension 13 106 - 05/12/00561 The Haven, 221 Two storey side and To grant planning 112 Rykneld Road, single storey rear permission with Littleover, Derby, extensions and change conditions DE23 7AP of use from dwelling house (Use Class C3) to residential care home for the elderly (Use Class C2) Committee Report Item No: 1

Application No: DER/03/12/00359 Type: Full

1. Address: Rear gardens of 136 – 148 Swarkestone Road, Chellaston, Derby.

2. Proposal: Demolition of 146 and 148 Swarkestone Road and erection of 15 detached dwellings.

3. Description: This is a re-submitted planning application for residential development following a previously refused application, DER/11/10/01419. It was refused by Planning Control Committee in May 2011 and dismissed at appeal by the Planning Inspectorate in December 2011. See section 4. Subsequent to the refusal the applicant has sought to amend the scheme by reducing the density from 21 to 15 dwellings, as well as re- configuring the layout and design of the individual dwellings. The application site comprises land within the curtilage of Numbers 136 to 148 Swarkestone Road. The majority of the site is formed by residential rear gardens with the remainder occupying the footprint of Nos 146 and 148 Swarkestone Road, which are to be demolished. It is an irregular shaped application site measuring approximately 0.79 hectares. The land immediately to the north of the site is made up of rear private gardens of adjoining properties, together with a public right of way (forming the route of a disused railway). To the immediate east are large detached dwellings fronting Swarkestone Road. To the south are predominantly new build dwellings situated on Regal Gate and Royal Approach. To the west the public right of way continues, alongside a substantial hedgerow. Beyond this lies a parcel of land within the curtilage of Chellaston Secondary School. The land level rises in a north to south direction and slopes westward resulting in a gradient to the rear gardens of the site. The private gardens which form the application site are heavily vegetated and consist of grassed lawns, shrubs, hedges and an assortment of trees. An area wide Tree Preservation Order is placed on all trees within the application site (TPO number 427). A substantial hedgerow upon the western boundary separates the gardens from the adjoining public footpath. Various garden outbuildings and ornamental features are located in many of the rear private gardens. Proposal Full planning permission is sought for the erection of 15 detached dwellings with associated access road, car parking and landscaping. The proposed housing would be 2.5 and 3 storey in height, some being townhouses and comprising of a mixture of 4 to 5 bedroom dwellings. Each would be served by an integral garage. The dwellings would be of various architectural form and design, with tiled pitched rooflines, brick facades with stone detailing and an assortment of fenestration. Plots 1 to 5 would be arranged along the southern boundary, with their frontages orientated at opposites to one another with their own private amenity space. The scale and design of plots 1 to 5 differ from 2.5 and 3 storey. Plot 1 has its principal elevation facing Swarkestone Road with plots 3 to 5 facing east / west and north / south. Former plot number 2 has been deleted from the scheme to allow for the retention of tree number 21 (Deodar Cedar).

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The proposed scheme shows plots 6 to 9 located upon the south west corner of the site, orientated with principal elevations facing the site interior. They are formed of 2.5 and 3 storey dwellings and occupy differing plot sizes with dwelling positions set in a modulated arrangement. Plots 10 to 14 comprise 3 storey townhouses and 2.5 storey dwellings that also face the site interior with private rear gardens facing the public footpath to the west. Plots 15 to 16 are arranged in the middle of the site, within irregularly sized curtilages. Their parking requirements are served by a detached garage building upon the far eastern boundary. The development would include the formation of a private access road off Swarkestone Road providing vehicle and pedestrian access for all 15 dwellings. A turning head would be created at the end of the access road. Each dwelling would have a single garage space and private parking. Amended plans have been received which show the correct position and number of windows from floor plans onto elevation plans. What is more, an amended layout plan has recently been produced which omits plot number 2 from the scheme. These are date stamped 28 May 2012 and 12 July 2012.

4. Relevant Planning History: DER/11/10/01419 – Demolition of 136 and 148 Swarkestone Road and erection of 21 dwellings. Planning permission was refused by Members of Planning Committee at that time in May 2011. The reasons for refusal were: 1) In the opinion of the Local Planning Authority, the siting of dwellings of the form and architectural design proposed on this visually prominent site, which projects into the rear aspects of adjacent properties as a result of its location and precise relationship to properties to its east, south and west, would result in a visually incongruous and intrusive element in this residential setting which also fails to reflect the established nature, urban fabric and grain of Swarkestone Road. Consequently, the proposal is contrary to the principles of Planning Policy Statement 3 (PPS 3 Housing) and saved policies H13, E23 and GD4 of the adopted City of Derby Local Plan Review. 2) In the opinion of the Local Planning Authority, the built relationship offered between the proposed dwellings 3 to 7 and properties on Regal Gate and Royal Approach is considered unacceptable. This is because it fails to provide the level of separation between dwellings that is normally sought to achieve a satisfactory provision of amenity. In addition the principal windows of plot nos. 3, 4, and 5 would be less than 12 metres away from the side garden boundary of 144 Swarkestone Road which is likely to present a significant amount of overlooking and loss of privacy to future occupiers. The rear elevations of plot nos. 3 to 7 would present overlooking to the rear garden areas of no.6 Regal Gate and nos. 4, 5, and 6 Royal Approach. In addition the staggered nature of the proposed plot nos. 17 to 20 would create further overlooking concerns to the adjoining rear garden areas of existing dwellings. Taken together this would be at the expense of and compromise the residential amenities of occupants of those properties and thereby conflict with saved policies GD5 and H13 of the adopted City of Derby Local Plan Review.

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3) In the opinion of the Local Planning Authority, the high density of the proposed development will result in significant tree loss with little evidence of trees being incorporated into the current layout or sufficient space for replacement tree planting, to the detriment of the visual amenity of the locality and representing an over intensive and cramped layout with little acknowledgement of natural features. This would result in an unsatisfactory living environment for the future occupants of the dwellings and thereby conflict with saved policies E9, GD5 and H13 of the adopted City of Derby Local Plan Review. Subsequent to the refusal of permission an appeal was lodged to the Planning Inspectorate against the Council’s decision. The Planning Inspector agreed with the Council’s decision and dismissed the Appeal in December 2011. When determining the appeal the Inspector considered that the two main issues in the appeal were: 1. the affect of the proposal upon the character and appearance of the area and 2. the impact upon residential amenity for those living nearby. The Inspector paid particular attention to describing the existing character of the area, noting the seclusion of the existing properties and the mature hedges and trees. He concurred with the Council’s view that the access arrangements to the site and the sustainability of the location for residential development were appropriate. He did not however, share my views on the three storey dwellings, which I had considered to be over dominant and incongruous in this location and starkly out of character with the informal arrangement of dwellings on Swarkestone Road. He considered that the proposals would be softened by the staggered design and the topography of the site. The Inspector was concerned by the lack of consideration for the trees on site in the layout of the development. He acknowledged that the loss of some trees was inevitable in the redevelopment but considered that some attempt should have been made to incorporate trees with a long potential life expectancy into the scheme as these would have helped to mask the development from viewpoints along the roads. He also noted little regard to the tree survey submitted with the application had been given when designing the layout and density of the site and allowing for trees to be retained and reach their full potential size. The Inspector stated that the potential layout of the site should be re-evaluated so the character and appearance of the locality can be secured and the contribution the trees play in the street scene can be safeguarded. In the matter of the impact of the proposal on the character and appearance of the area the Inspector concluded that the development was contrary to the aims of saved policies E9, GD5 and H13 of the adopted CDLPR. Turning to the impact of the proposal on the residential amenity of the existing occupiers, the Inspector noted that it was important in backland developments to ensure that the scheme would not adversely affect nearby residents by overlooking. He did not agree with all my assessments considering that a number of the existing properties would not be impacted as severely as I had concluded however he did agree that those living at No.6 Regal Gate and No.’s 5&6 Royal Approach would suffer adversely from overlooking and as such he considered that the proposal was

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contrary to the aims of GD5 and H13 of the adopted CDLPR. Accordingly because of the weaknesses in the design of this scheme he agreed with my assessment and Members views and dismissed the appeal. DER/07/08/00994 – 148 Swarkestone Road, Crown lifting of tree protected by Tree Preservation Order 2005 No.427. Granted conditionally November 2008. DER/03/08/00488 – 144 Swarkestone Road, Felling of Blue Cedar and Norwegian Spruce protected by Tree Preservation Order 2005 No.427. Refused June 2008. DER/09/01/01220 – 140 Swarkestone Road) Extensions to dwelling. Granted conditionally November 2001. DER/06/00/00627 – 148 Swarkestone Road) Erection of dwelling house and garage. Granted conditionally August 2000. DER/05/00/00619 – 138 Swarkestone Road) Erection of detached domestic garage and formation of vehicular access. Granted conditionally July 2000. DER/11/99/01426 – 148 Swarkestone Road) Erection of detached dwelling house. Granted conditionally January 2000.

5. Implications of Proposal: 5.1. Design and Community Safety: The proposed housing development offers a simple layout with adequate natural surveillance and clearly defined boundaries of public and private space. It is considered that the form and scale of the dwellings proposed are consistent with the mixed architectural style of housing in the immediate locality. 5.2. Highways – Development Control: Tracking details have been submitted which demonstrate that the layout provides sufficient room for manoeuvring of refuse vehicles. The visibility splays from Swarkestone Road are also satisfactory. 200% parking provision is allocated to the proposed dwellings, each dwelling acquiring a garage served by a driveway. This complies fully with Local Plan Parking Standards. Highways – Land Drainage: A brief statement is made within the Design and Access Statement (P19) in conjunction with a submitted drainage plan drawing. The applicant states that agreement has been reached with Severn Trent Water Ltd that foul drainage will discharge to existing public sewers and surface water run-off will be directed to a discharge system. A full sustainable urban drainage system will be submitted as part of the Building Regulations approval. 5.3. Disabled People's Access: Disabled Access compliance would be met through relevant Building Regulations legislation. 5.4. Other Environmental: A desktop land contamination survey was undertaken. No forms of polluting materials are known to be present at the application site.

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The proposal would result in the loss of some trees protected by an area wide Tree Preservation Order, which is discussed further in section 10 of this report. The site is not an allocated wildlife site, even though the long established cultivated gardens do inevitably attract some wildlife, flora and fauna. However, no protected species were highlighted within the submitted Ecological Report.

6. Publicity:

Neighbour Notification Letter 57 Site Notice Yes Statutory Press Advert and Discretionary Press Advert Yes Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: At the time of writing, 88 representations have been received including 35 letters of support and 53 letters of objections. The main points of objection include: • This application is very much the same as the previous scheme, except for the dwelling numbers. • Dangerous access onto a busy road at the brow of a hill • Schools are not large enough to take more pupils • Proposed 2.5 / 3 storey housing is out of keeping with the area • The loss of mature garden habitat for wildlife • The area is within the Local Supplementary Development plan as one that should be preserved. • Obstruction of pavement during construction • Impact on traffic congestion in the area • Even though 16 dwellings, still too high density for the site. • The loss of more gardens to house development is an injustice to future generations. • Local habitat for birds and bats will be destroyed of what is an original village orchard. • Destroy outlook for existing houses nearby • An example of continued trend of garden grabbing • Loss of mature trees • The new plan does not address traffic concerns.

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• Issues of overlooking into gardens/houses of properties along Regal Gate • Overdevelopment of local area, what with 500 homes on Chellaston fields. • The number of proposed houses appears to have been reduced but in effect they have only been made larger. • Cutting down trees and replacing with new ones will take years to take effect. • Despite changes made the development is still ill-conceived and intrusive. • The building height is still too high to protect the privacy of existing residents. • Oversubscription of local schools. The development will place pressure on catchment and out of catchment schools. • Drainage problems with the land, high water table and localised flooding • The development could set a precedent for other rear garden development along here. • Dangers to pedestrians, especially school children that walk up and down the road. • Adverse effects of loss of natural light • Overbearing effect on neighbouring gardens and rear aspect of adjoining dwellings, through light and noise • Poorly sited development to boundary edges to north and south • Poor design / against the grain of surrounding area • Problems with accommodating children from new housing development in catchment area. The main points of support include: • A quality development with top of the range dwellings. • The development will provide much needed jobs for the local economy. • Sympathetic to the existing mixed housing stock along Swarkestone Road • The new application meets the points that the Appeal Inspector raised with regard to the previous scheme. th • Chellaston is ranked the 13 best place to live in the UK. These 16 houses offer much needed housing for families wanting to move to the area. • The houses are well designed and will add an interesting element to Swarkestone Road • A planned relief road taking traffic to Rolls-Royce, will compensate for any temporary increase in traffic. • A sympathetic tree planting scheme has been promoted. • Road layout has been well designed.

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• There is a need for development in this area as noted by the housing shortage requirements. • It would be a quality development that is sympathetic to the existing vernacular whilst eschewing the current tendency to characterless modular design. Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Building Consultancy: The developer is advised to consult with the fire service regarding fire brigade access as there should be vehicle access for a pump appliance to within 45 metres of all points within the dwelling house i.e. access to plot 6 does not appear to comply with AD B5. 8.2. Natural Environment: No comments received. 8.3. Environmental Services-Trees: No comments received. 8.4. Derbyshire County Council Archaeologist: The southern extreme of the proposal area is within a site on the Derbyshire Historic Environment Record (HER 32045), relating to medieval ridge and furrow recorded from aerial photographs taken in 1971. This site has now been developed and no trace of the ridge and furrow survives. I therefore recommend that there is no need to consider the site a heritage asset in this case, and no need to place an archaeological requirement on the applicant. 8.5 Derbyshire Wildlife Trust: This current application seeks permission for residential development of 16 dwellings with a consequent change in the development layout. The same Protected Species Survey Report and Arboriculture Survey Report have been submitted in support of the current application which we advise remain relevant and valid. In addition, a Mitigation Tree Planting Report prepared by John Booth dated February 2012 has been submitted which provides details of new tree planting to compensate for the loss of trees as a result of the development. In our earlier consultation response we commented that the proposed demolition of the existing buildings on the site is unlikely to impact upon bats but that further compensation would be required for the loss of trees. We maintain our advice that the proposal is unlikely to impact upon bats or any other protected species. We note that the current application includes increased tree planting but we would advise that more consideration should be given to planting of fruit trees to compensate for the loss of the orchard. The fruit trees within orchards, especially when they are semi-mature to mature, are likely to support a range of invertebrates, and be of local importance to a variety of bird species. The species proposed in the tree planting scheme does not sufficiently compensate for the loss of fruit trees and, as such, we advise

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that the provision of a more appropriate tree planting scheme should be required by way of a suitably worded planning condition. We note and welcome the retention of the southern boundary hedgerow. In addition, we would advise that the hedgerow should be subject to rejuvenation in the form of appropriate management in the form of laying/coppicing and the planting up of gaps with appropriate native species. We note that the current scheme recommends the planting of Hawthorn whips to reinforce the existing hedgerow. We would advocate the use of a mixture of native hedgerow species appropriate to the relevant landscape character type to increase the biodiversity value of the hedgerow. Again, we would wish to see this secured by way of a suitably worded planning condition. We advise that the retained hedgerows and trees are protected during construction by the erection of adequate protective fencing. We advise that any vegetation removal, including tree felling, should be undertaken to avoid the bird breeding season, which extends from March to late August. 8.6 Police Liaison Officer: The design and access statement adequately covers most points raised in the previous application. The single entrance point does offer good natural access control. It provides a first line of defence to deter opportunist criminals and target searching behaviours. Cul de sacs without leakage are proven to be the safest places in which to live. The garage of plot one does restrict useful natural surveillance to the Main Road. The point is covered within the design statement but excuses the issue, due other similar plots adjacent, which should not be a factor. Poor design reducing beneficial natural surveillance and active frontage should not be copied or excused. Plot one could have usefully been designed to be the sentry for the development, instead of sitting back behind the garage, addressing and turning the corner in a strong building line. It still offers some guardianship and the feature entrance walls and planting do enforce the change and demarcation of space from the public space of Swarkestone Road. The distance from the main road access point offers security to the lower positioned properties. As the land opens out good surveillance opportunities arise from property to property and active guardianship is provided to the semi private spaces. It is plots 1, 2 and 3 that will be most vulnerable as they stand alone without surveillance. These plots must have good levels of physical security and robust lockable (from both sides) rear access gates from shared front drive way access points. Up to 85% of forced entry dwelling burglaries occur after access has first been gained to the rear. Clear demarcation treatments are required to all frontages to show the hierarchy of space. The vulnerable plots should have robust treatments such as railings and walls. As a minimum the inner plots should have defensive planting to define the frontages, which again as detailed, should not restrict surveillance views now or in the future, by careful choice and positioning of trees and shrubs. Parking provision always seems contentious and designing in adequate facilities for visitors is often inadequately considered, leading commonly to on

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path parking, obstruction of private access points and difficulties for service and emergency vehicles in some cases, as can be seen on any new development, where policies to reduce car usage in the name of sustainability have failed and have actually caused reductions in road safety and social cohesion due to neighbour disputes and calls for police. Turning heads are often utilised as regular resident parking spaces which prevent there designed use. These are best avoided where possible to prevent these common conflicts and obstruction and space in front of shared driveway access used and designed for common use turning space. PIR lighting as suggested should be avoided as detailed within Secure by Design. It causes fear and nuisance when constantly activated, especially on active frontages. Low voltage dusk to dawn lighting is recommended especially in light of recent trends for part night street lighting offering peace of mind through low level, low cost constant illumination levels. I welcome the standard inclusion of Intruder alarms and the desire to achieve Secure by Design as detailed within the accompanying information.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. E9 Trees E10 Renewable Energy E23 Design GD2 Protection of the Environment GD4 Design and the Urban Environment GD5 Amenity H11 Affordable Housing H13 Residential Development – General Criteria L2 Public Open Space Standards L3 Public Open Space Requirements in New Development T1 Transport Implications of New Development T4 Access, Parking and Servicing The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: The site of the proposal is not allocated for any particular use in the CDLPR. The re- definition, in the former PPS3 ‘Housing’ – which the previous applications for residential development on this site were considered against, of garden land as being greenfield land rather than brownfield reflected the Government’s concerns to give greater prominence to reducing inappropriate development within domestic curtilages. This definition has been repeated in the NPPF. Paragraph 53 of the NPPF states that “Local planning authorities should consider the case for setting out policies to resist inappropriate development of residential gardens, for example where development would cause harm to the local area.” This guidance, whilst aimed at the formulation of planning policy in the Local Plan, reflects the Government’s intention towards the protection of the character of local areas and

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should be material in development management decisions (along with other elements of the NPPF that deal with design). However, there is no specific ‘development management’ guidance on rear gardens, except for the general policies on the need for good quality design and that poor quality development should be refused. The existing Local Plan policies remain consistent with the intentions of the NPPF with regard to inappropriate development and the character of an area. A development of the type and size proposed would normally give rise to a requirement for affordable housing (the S106 SPD reduced the threshold to 15 dwellings), public open space and an input into highways/transportation and public realm improvements. The draft Heads of Terms for a S106 Agreement has been agreed. Section 6 of the NPPF, clarifies the Government’s objective of boosting the supply of housing. It also states that housing applications should be considered in the context of the presumption in favour of sustainable development. On transport and highways, paragraph 32 states that decisions should take account of whether safe and suitable access to the site can be achieved. Paragraph 32 states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. The development of the site for residential development served by a single point of access is considered acceptable in principle; this was confirmed by the Inspector at the previous appeal. The site lies within a predominantly residential area where the principle of developing in depth back from the west side of Swarkestone Road was established with the development of the adjoining housing development based on Regal Gate and Royal Approach. Its position within a suburban residential location is approximately 400metres away from Chellaston District Centre. As it is within walking distance of local shops and schools this location is very sustainable with shops in the immediate vicinity, and public transport links for buses within a few minutes walking distance. Generally, the site occupies a sustainable location. The Planning Inspectorate agreed with this view. Design, scale, layout and residential amenity Plots 1 – 5 (now excluding plot 2) Plot 1 would be sited to the far eastern boundary in a similar position to No.148, fronting Swarkestone Road. It’s building line steps slightly forward of No.144 and to a greater extent steps forward of No.150. The dwelling has the largest footprint of the 15 proposed and also incorporates a single storey double garage parallel to the highway. The provision of a single dwelling on plot 1 is welcomed as there is the potential to create a strong gateway element for the development. The scale of the dwelling, whilst having a prominent physical impression is reasonably commensurate with that part of the street context. Whilst plot 1 house type is architecturally bold there is no reason why the design and position of it cannot merge into the existing Swarkestone Road character. The provision of a detached garage block on the Swarkestone Road frontage frames the entrance to the site, and there is obvious precedence on the adjacent site, and elsewhere for such development. If quality landscaping / planting is used it should soften any starkness associated with the north and east blank brick walls of the proposed garage. To the north, south and west elevations of plot 1 windows are

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shown at first and second floor level. Subject to the provision of a fixed and obscure window upon the south elevation dressing room of plot 1 no direct or damaging over looking would occur to the immediate surrounding properties, both outside and within the application site. As previously stated, plot 2 has been removed from the scheme following concern over the retention of tree number 21 - a good quality Cedar tree. The block of proposed dwellings on plots 3, 4 and 5 make a positive response to the previous decision made by the Planning Inspectorate, in terms of addressing overlooking issues to those dwellings on Regal Gate and Royal Approach. The reorientation of the proposed dwellings on plot 3 would visually align with the existing dwellings on Regal Gate (no’s 2, 4 and 6) whilst not forming part of that existing development. There is a reasonable relationship between the facing elevations of the dwelling on plot 3 with the frontage dwelling, plot 1. What is more, plot 3 is now two storey in scale and together with the lower land level of this part of the site, there would be a far better built relationship with the existing dwellings on Regal Gate. On a point of design, the east elevation would make a positive architectural contribution to the visual transition from Swarkestone Road into the main body of the site. With the lower ground level of the site relative to the Regal Gate development the proposed dwellings on plots 4 and 5 could achieve 2.5 storeys in scale, being at a 21 - 23metre distance, without disrupting the amenities of existing occupiers at no’s 4, 5 and 6 Royal Approach. Plots 6-9 These plots occupy the south west corner of the site and are arranged more spaciously than that of the previous scheme, to provide space for greater separation between the proposed dwellings on plots 6 to 9. Indeed this south west ‘arm’ of the proposed development contains one less dwelling than before. The proposed positioning of plots 6-9 would sit well against the small private drive access by virtue of their layout and aspect and they now have reasonable private gardens which provide the necessary space between buildings to avoid any loss of privacy or massing concerns. Plot 6 would be parallel to No. 1 Royal Approach and subject to a condition restricting the type of window to the east facing attic window the built relationship to no.1 Royal Approach would be entirely reasonable. The internal layout of the south west part of the site would establish an interrelationship between the various dwellings (plots 5 – 9) that would give appropriate separation between principle elevation windows. It is considered that the proposed layout would not significantly compromise the amenities of neighbouring occupiers, no’s1 - 6 Royal Approach, or result in overcrowding within the site itself. Plots 10-16 The north western block of dwellings on plots 10 - 16 offers a reasonable visual termination at the head of the private drive vehicle access. The layout changes, of the staggered alignment of plots 10-14 allows for an interesting streetscape and are a clear improvement on the previous layout. Greater attention has been paid to minimising overlooking from the north elevation of plot 14 into existing rear gardens beyond the bounds of the site, particularly No.134 and No.132 Swarkestone Road. Subject to a suitable condition restricting the window type upon the north elevation attic window, no undue loss of privacy would ensue.

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The improvements to the eastern side of the site, as formed by plots 15 and 16 include 2 fewer dwellings at that part of the site. The proposed dwelling on plot 16 presents itself to the main private drive and offers an open front garden threshold with private rear garden space. Given the land level changes across that part of the site (land level declines in an east to west direction) distances involved and angles of sight to back gardens of adjoining properties fronting Swarkestone Road, the material harm of overlooking would be minimal. Thus, an acceptable relationship between plots 15 and 16 and adjacent neighbours would be created. Therefore, in regard to the effect of the proposal on the amenity of those living in nearby dwellings by reason of overlooking the latest application sufficiently overcomes this reason for refusal and the concerns raised by the Planning Inspector, by virtue of re-positioning, re-orientating and reducing the number of dwellings. Highways, access and parking The proposed access road would be sited immediately south of 144 Swarkestone Road and be orientated in an east / west direction. It is intended for the new access road to be adopted by the City Council (not including the two private drive access roads). The road geometry and visibility splay as submitted do meet with Highways requirements. The proposed visibility splays are the same as previously proposed 2.4 x 56 metres, and as such are acceptable as these are in line with the recommendations in ‘Manual for Streets 2’ for the 85th percentile recorded speeds on Swarkestone Road. A number of speed readings have been taken over the period that this and the previous proposal has been under consideration however being fully aware of the concern expressed about the location of the access and the perceived lack of visibility to the south an additional speed reading survey was undertaken on the 16th May 2012. This survey was undertaken in free flow conditions and sampled a full 200 readings as suggested by TA 22/81 Vehicle Speed measurement on All purpose Roads published by the Department for Transport. The findings show that the 85th percentile wet weather journey speed is 31.18 mph. The various speed surveys have shown a range of 85th percentile wet weather speeds between 31 and 33 mph. The length of visibility splay which accords with a 33mph is 54metres, which the proposed access road will achieve. The applicant has submitted Drawing No. 046/50 Rev A which details 7.5 metre return radii into the development site which is acceptable and will allow a refuse vehicle to access and egress the site whilst encouraging vehicles to slower speeds when accessing the site from Swarkestone Road. I note the northern private drive area is slightly below the required width standard for refuse vehicle compliance, however a suitable position for a bin standing area (within the man carry distance) would overcome this issue. It appears that a combination of the removal of the footway on the northern side of the proposed road and the realignment of the road has resulted in it not being clear that a suitable visibility splay can be provided to the East of the access to plot No 16. Subsequently, further details clarifying this matter will be required. A suitable condition could address this. Turning to pedestrian access, this stretch of Swarkestone Road serves just a single public footpath, upon the west side of the road that is the side of the application site. At its widest point the proposed access road will remove a 15metres section of the public footpath. When considering pedestrian safety it is apparent that a suitable pedestrian crossing point

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Application No: DER/03/12/00359 Type: Full

should be installed at the access off Swarkestone Road. A suitable condition could secure this. Whilst the proposal would result in an increase in traffic coming and going from the site, over and above the current levels, it is not considered that this increase would result in an adverse highway safety issues for the local highway network, upon Swarkestone Road or further afield. The City Council’s Highways Officer has raised no objections to the scheme on highway safety grounds and the Planning Inspector concurred with this view. It is generally recognised that Swarkestone Road carries high levels of peak hour vehicular traffic and is subject to a 30mph speed limit. A number of neighbour objections have raised concerns over the amount of traffic that would be generated and how this may affect highway safety, traffic congestion and parking congestion along Swarkestone Road, together with the safety of the proposed road access. It is considered that the potential traffic generation arising from this development will not add significant levels of vehicular traffic to vehicle flows along Swarkestone Road, to an unacceptable level. The level of parking provision proposed is in fact slightly higher than is recommended in CDLPR policies and as such the development would be less likely to result in parking on Swarkestone Road or the new access road itself. The street layout for the new development allows for normal access for vehicles accessing the dwellings. Each dwelling is provided with dedicated off-street garage facilities. To this end, the proposal is considered to comply with the requirements of policies T1 and T4 of the CDLPR. Trees The site is heavily vegetated with a variety of trees positioned across the site, both to the existing frontages and to the rear gardens. The site is covered by an area wide Tree Preservation Order. The submitted ‘tree survey’ schedule and survey plan list and identify the species, height, age and condition of all trees within the site, as well as the ‘mitigation tree planting report’ showing new tree planting across the site. Previously, under the refused application DER/11/10/01419, the Planning Inspector commented upon the lack of consideration for the existing good quality trees on site in the layout of the development. He acknowledged that the loss of some trees was inevitable in the redevelopment but considered that some attempt should have been made to incorporate some trees into the scheme. Indeed the proposal will necessitate the loss of some trees, some of moderate quality and others of low quality In respect of tree retention, there would appear to be 10 trees retained, (tree numbers: 1-4, 7, 8, 11, 15, 18 and 21) which are classed as condition category ‘A - C’. A good amount of new tree planting is proposed, including a mix of native, exotic and ornamental semi-mature species. Once established these should add visual interest and diversity and introduce younger age classes in positions where they can be appreciated. The new tree planting regime should mitigate for the proposed loss of certain trees, while the housing layout is now more sensitive to the need to incorporate some of the more important existing trees into the development, to the benefit of the visual amenity of the locality. Subject to appropriate tree protection measures during the construction phase and adherence to the planting mitigation plan, the latest application would overcome the previous reason for refusal and the concerns raised by the Planning Inspector. On that basis the scheme would comply with CDLPR Policies E9 and GD5.

13 Committee Report Item No: 1

Application No: DER/03/12/00359 Type: Full

Other considerations The scheme involves the demolition of two detached dwellings and because it has the potential to house bat roosts there is the prerequisite and submission of a bat survey report. In line with procedure, Derbyshire Wildlife Trust were consulted and their assessment concludes that there are unlikely to be any protected species issues associated with this application and that bats should not pose a constraint to any proposed development. They do, however, comment that more fruit trees should be incorporated within the development layout, on account of their value for biodiversity. The Trust recommend that the community orchard to the southern end of the site should be retained as part of the provision of beneficial biodiversity features in accordance with the principles set out in PPS9 (Biodiversity and Geological Conservation). The application contains details of how foul and surface water drainage arrangements are to be implemented. A brief statement is made within the Design and Access Statement in conjunction with a submitted drainage plan drawing. The applicant states that agreement has been reached with Severn Trent Water Ltd that foul drainage will discharge to existing public sewers and surface water run-off will be directed to a discharge system. If planning permission is granted, the development will be carried out in a manner that satisfies the requirements of Building Regulations including all foul and surface water arrangements. Conclusion Under the previous application the Planning Inspector accepted that the site had the potential for redevelopment and gave a very clear direction to the appellants on what he considered to be the main stumbling blocks in that proposal were: the effect on the character and appearance of the area and upon existing trees; the effect on the amenity of residents living nearby. The revised scheme, successfully addresses these issues as explained in section 10 above and on that basis a recommendation to grant conditional planning permission is given.

11. Recommended decision and summary of reasons: 11.1. A. To authorise the Director of Planning and Facilities Management to negotiate the terms of a Section 106 Agreement to achieve the objectives set out in 11.2 below and to authorise the Director of Legal and Democratic Services to enter into such an agreement. 11.1 B. To authorise the Director of Planning and Facilities Management to grant permission upon conclusion of the above Section 106 Agreement, subject to the following list of conditions, and to give officers delegated authority to draft, amend or add to them in consultation with the Chair. 11.2. Summary of reasons: The proposal has been considered against the aforementioned Adopted City of Derby Local Plan Review policies, the National Planning Policy Framework where appropriate and all other material considerations as indicated in 10 above. The residential development would fit in satisfactorily with the visual amenities of the locality, preserve the domestic setting of Swarkestone Road and not unreasonably affect the amenities of the residential properties adjoining the site and be acceptable on highways grounds.

14 Committee Report Item No: 1

Application No: DER/03/12/00359 Type: Full

11.3. Conditions: 1. Standard condition 02 (time limit) 2. Standard condition 100 (approved plans) 3. Standard condition 24 (tree protection) 4. Standard condition 21 (including southern boundary hedge) (landscaping within 12 months) 5. standard condition 24 ( landscaping maintenance) 6. Standard condition 19 (means of enclosure) 7. Standard condition 27 (details of external materials) 8. Unique condition 1: Details showing obscure glazing and non-opening windows on various elevations of plots 1, 5, 6, 7, 8, 14 and 15 to be submitted to and approved in writing by the Local Planning Authority. 9. Standard condition 104 (reduced energy consumption) 10. Unique condition 2: Removal of Permitted Development Rights for plots 1,4,5,6,9,10,11,12,15 and 16. 11. Details of SUDS measures to be included and agreed in writing by the Local Planning Authority. 12. During the period of construction works all trees, hedgerows and other vegetation to be retained, including any which are on adjoining land but which overhang the site, shall be protected in accordance with BS:5837:2010 13. Standard Condition 13: (Garage use - not for use with any trade or business) 14. Unique condition 3: (Details of a pedestrian crossing point to be submitted to and approved in writing by the Local Planning Authority.) 15. Unique condition 4: (Details of access road layout to be submitted to and approved in writing by the Local Planning Authority). 16. Unique condition 5: (Details of visibility splays upon plot 16). 17. Unique condition 6: All details relating to plot number 2 shall be deleted from the approved planning permission. 11.4. Reasons: 1. Standard reason E56 (time limit reason) 2. For the avoidance of doubt. 3. Standard reason E24- Policies E9 & H13 4. Standard reason E26- Policies GD4, E23 & H13 5. Standard reason E26 -Policies GD4, E23 & H13 6. Standard reason E18 - Policies GD4, E23 & H13 7. Standard reason E14 –Policies GD4, E23 & H13

15 Committee Report Item No: 1

Application No: DER/03/12/00359 Type: Full

8. Standard reason E07 - Policy GD5 9. Standard reason E51 – Policy E10 10. Unique reason 1: Character/effect on neighbours - Policy GD5 11. Standard Reason E21 – Policy GD2. 12. Standard Reason E24 - Policies E9 & H13 13. Standard reason E28 - Policy GD5 14. Standard reason E19 15. Standard reason E19 16. Standard reason E19 17. For the avoidance of doubt. 11.5. Informative notes: Any vegetation removal should be undertaken to avoid the bird breeding season, which extends from March to late August. 11.6. S106 requirements where appropriate: Contributions towards incidental public open space, public realm and highways/ improvements. 11.7. Application timescale: The 13 week target period for determination of the application expired on 25 June 2012 and is being reported due to the number of representations received.

16 Committee Report Item No: 1

Application No: DER/03/12/00359 Type: Full

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17 Committee Report Item No: 2

Application No: DER/05/12/00542 Type: Full

1. Address: 93 Grosvenor Street

2. Proposal: Retention of a single storey extension to dwelling house (porch)

3. Description: The householder planning application seeks permission to retain a recently constructed porch on the front elevation of no. 93 Grosvenor Street. The application is accompanied by a series of photographs, a petition and a supporting statement; which outlines the applicants’ reasons for erecting the porch. The applicant did consider the regulations and discussed the proposal with a duty officer however a Certificate of Lawful Development which would have formally confirmed the situation was not submitted. The porch is located at the back of the public highway, running parallel with the pavement with a footprint of 1.50 metres by 1.56 metres with an eaves height of 2.4 metres and ridge height of 3.52 metres. The side elevation, running parallel with the entranceway, accommodates a small window, with a blank front elevation and a pair of French doors in the other side elevation.

4. Relevant Planning History: No Development Control History

5. Implications of Proposal: 5.1. Economic: None arising as a result of the development. 5.2. Design and Community Safety: The porch is not in keeping with the character of this eaves fronted terraced street scene projecting beyond the terrace by some 1.5m. 5.3. Highways – Development Control: No implications arising as a result of the development.

6. Publicity:

Neighbour Notification Letter 8 Site Notice Statutory Press Advert and Discretionary Press Advert

Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: The application is accompanied by a petition of support with 31 signatures which undersign a statement stating they have no issues or problems with the porch. A second petition also accompanies the application stating a porch, until 2 years ago, was visible on the front elevation of no. 105 Grosvenor Street.

18 Committee Report Item No: 2

Application No: DER/05/12/00542 Type: Full

Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD4 Design and the urban Environment GD5 Amenity H16 Residential Extensions E23 Design T4 Access, Car Parking and Servicing The NPPF is a material consideration and supersedes the earlier PPG and PPS

The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

9. Officer Opinion: No. 93 Grosvenor Street is located on the north-eastern side of the highway within a row of uniformed terraced properties with small private gardens to the frontage. The south-western side of the street scene is characterised by terraced properties with a mix of projecting bay windows and flush elevations. There is clear uniformity to the locality with the majority of front gardens maintained behind low rise boundary treatments. The forward projection of the porch is incongruous to this rhythm and uniformity of the terraced street scene and abruptly disturbs the urban grain of the locality and street scene. I accept the proposal will not have a direct impact on the residential amenity of the neighbouring properties and no objections have been received in respect of overlooking or massing. I note the comments made by the applicant in respect of a porch being previously erected on the front elevation of no. 105 Grosvenor Street however this has been removed. A canopy has been erected on the front elevation however given its limited structure coupled with views being maintained through to surrounding properties, it could be argued that there will not be a significant impact on the character of the street scene and thus offers little to support this application. In light of the above I am of the opinion that the retention of the porch, by virtue of its projection up to the back edge of the public highway, bulk, external appearance, design and mass introduces a form of development into and has a detrimental impact on the rhythm and character of the existing street scene, eroding away the open aspect of the front gardens and urban grain. Its retention would also set an unfortunate precedent in the immediate locality resulting in the erection of other incongruous features along the terraced street scene.

10. Recommended decision and summary of reasons: 10.1. To refuse planning permission and 10.2. To seek authorisation to commence Enforcement Action, subject to the director of Legal and Democratic Services being satisfied as to the evidence, to seek the removal of the unauthorised structure.

19 Committee Report Item No: 2

Application No: DER/05/12/00542 Type: Full

10.3. Reasons: 1. Standard Reason E59 (Refused Plans) 2. In the opinion of the Local Planning Authority the retention of the porch on the front elevation of no. 93 Grosvenor Street introduces an incongruous feature to the character, rhythm and setting of the established street scene. The impact of the proposal is worsened by its bulky form, scale and external appearance and as such is contrary to saved policies GD4, GD5, H16 and E23 of the adopted City of Derby Local Plan Review. 10.4. Application timescale: The application target date for determination of this application is 28 June 2012 and is brought to committee due to its nature.

20 Committee Report Item No: 2

Application No: DER/05/12/00542 Type: Full

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21 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

1. Address: Homefields Primary School, Parkway, Chellaston

2. Proposal: Erection of classroom for temporary period

3. Description: The application seeks permission to erect a temporary class room within the curtilage of Homefields Primary School. The existing school occupies a relatively rectangular site between Parkway and Rosyth Crescent. Vehicular access is served off Parkway along with two pedestrian access points one on Parkway and another off Rosyth Crescent. Amended plans have been submitted during the application process following the completion of a tender. The proposed classroom is to be located in close proximity to a southern boundary shared with no’s 12 and 14 Rosyth Crescent. The classroom has a footprint of 6.08 metres by 12.37 metres with a flat roof measuring 3.4 metres. The temporary classroom is to be sunk into the ground negating the need for a ramped and stepped access. The front elevation accommodates a pedestrian door and window, as does the eastern side elevation. The rear elevation some 6.2m from the common boundary is to be blank and the western side accommodates two windows. The temporary classroom will accommodate 30 children, allowing 15 new reception children to be accommodated within the existing school, nearer to the school facilities. The internal space consists of a classroom, lobby and store. The temporary classroom is required to accommodate pupils until the recently approved extensions under code no. DER/02/12/00118 have been completed and are fit for use.

4. Relevant Planning History: DER/02/12/00118 - Extension to Primary School (4 classrooms, ancillary staff room, stores, toilets), enlargement of car park, erection of boundary fence and pedestrian gates and demolition of lean to. Application was granted planning permission 24 May 2012 DER/01/12/00092 – Formation of an outdoor play area, outdoor shelter and new hard standing access pathways. Application was refused 2 April 2012 for the following reasons: 1. The development hereby refused relates to the following plans: Drawing No. EKV01215 - 100 O Drawing No. EKV01215 - 101 O 2. In the opinion of the Local Planning Authority there is insufficient information and detail submitted with the application to fully consider the impact of the proposed formation of an outdoor play area, outdoor shelter and new hardstanding access pathways. The application fails to provide: 1. Tree Survey and Tree Constraints Plan. The application site extends to include a number of trees which currently act as a buffer between the school site and the residential properties; the application makes no reference to the protection of these trees during design and construction. As such it is not clear whether the proposal would damage, destroy or compromise the long term

22 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

retention of these trees. 2. Comprehensive Acoustic Survey. The application site abuts a common boundary shared with a residential property. As such, the Local Planning Authority cannot reasonably assess the impact of the proposal on the residential amenity of these surrounding residents. 3. Site Selection. There are no details in respect of site selection or justification for the proposal siting of the outdoor play area. Site selection and site location is a holistic approach with the consideration of, amongst others, flexibility, need, impact on residential properties and security of the school. The application fails to provide any information in relation to these issues or the reasoning behind the design approach of the scheme along with the proposed location. 4. Sectional and Land Level Drawings. The application fails to demonstrate how the varying land levels will be incorporated into the scheme. The Council would reasonably expect a series of sectional layouts to accompany an application demonstrating how play equipment and land levels will sit with neighbouring properties. 5. Details of the Play Equipment. There are no precise details relative to the play equipment proposed, including scale, design, external appearance and materials. Whilst notional photographs were submitted these do not provide sufficient information in order for the Local Planning Authority to reasonably assess the proposed development. The above details are required to reasonably assess the impact of the proposed formation of an outdoor play area, outdoor shelter and new hardstanding access pathways on the impact of trees, visual amenity, general appearance and residential amenity. The application is therefore contrary to policies GD2, GD4, GD5, E9, E23, L6 and LE1 of the adopted City of Derby Local Plan Review. 3. In the opinion of the Local Planning Authority, the proposed formation of an outdoor play area, outdoor shelter and new hardstanding access pathways in the location proposed, would be severely detrimental to the residential amenities enjoyed by neighbouring residents, particularly no’s 10 and 14 Rosyth Crescent who share a common boundary with the application site, by virtue of unacceptable levels of noise and general disturbance generated. The formation of a hardstanding introduces an area of land currently regulated by weather to be brought into use for longer periods of time and is likely to, due to the nature of the development, attract large numbers of users at anyone period of time. Furthermore, the proposal in its current position would prejudice the future use of land which could and has formed part of a sports pitch. The proposal is therefore contrary to saved policies GD2, GD4, GD5, E9, E23, L6 and LE1 of the adopted City of Derby Local Plan Review.

5. Implications of Proposal: 5.1. Economic: None arising as a result of the proposal.

23 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

5.2. Design and Community Safety: The design of the proposed classroom is considered to be acceptable and will not detract from the character and setting of the residential area or the school. 5.3. Highways – Development Control: The applicant has proposed to erect a temporary classroom for a period of 15 months which will cater for 30 no. of students. The classroom does not appear to affect pedestrian access into the site. The applicant has also stated that the proposed car park extension, as per planning application DER/02/12/00118, would be brought forward so that additional car parking spaces would be available for September 2012. As a consequence there are no highway objections raised to this proposal. 5.4. Disabled People's Access: There will be a degree of accessibility to the proposal through compliance with Building Regulations. 5.5. Other Environmental: Pruning of the Willow tree and hedgerow will be required due to the positioning of the proposed classroom. The full comments of the Council’s Arborist are set out in Section 8.1

6. Publicity:

Neighbour Notification Letter 7 Site Notice yes Statutory Press Advert and Discretionary Press Advert

Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: The application has attracted three letters of objection from properties on Rosyth Crescent and Rose Close, during the initial consultation process. The content of the objection letters are summarised below: • Impact on residential amenity, • Loss of privacy and overlooking, • Intrusion on to residential properties, • Unacceptable location, • Concerns in respect of the site area and size of the classroom, • Impact on the trees as they are a buffer between the school and residential properties, • Impact on the trees as pruning is envisaged,

24 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

• Impact on the root protection areas of the trees, • Land level changes, • Increased noise and disturbance, • Alternative locations are available such as adjacent to the car park, • Windows within the building should be obscurely glazed, • Permission should be granted for a temporary period only, • Impacts of external lighting, • Should be a classroom only, Re-consultation on revised plans (27June – 11 July) has taken place and any additional comments received will be reported Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Environmental Services-Trees: The Willow tree can have its lower branches pruned back to ascertain a clearance for the temporary classroom. As this tree is within the school any contractor who carries out this work should have the appropriate insurance and qualifications and carry out all work to BS3998. Following the minor pruning required to facilitate the positioning of the temporary classroom, protective fencing will need to be installed along the internal tree line in accordance with BS5837 2012. This should be installed prior to any machinery entering site, which is the same for the fencing on the public open space side where the temporary access is being created. 8.2. Police Liaison Officer: Temporary buildings are vulnerable to crime and are sought out by opportunists for easy pickings. There are many location constraints due to the planned permanent extension work. The setting will have some guardianship, being close to existing residents. If possible not only good physical security is recommended but the unit should be overtly alarmed as a clear visual deterrent. I have no other relevant comments.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD2 Protection of the Environment GD4 Design and the Urban Environment GD5 Amenity E9 Trees E23 Design LE1 Education Uses T1 Transport Implications for New Development T4 Access, Car Parking and Servicing The NPPF is a material consideration and supersedes the earlier PPG and PPS

25 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: Site Selection Prior to the submission of the planning application the applicant entered into preliminary discussions with regards to the placement and position of the proposed temporary classroom. The following factors were considered: impact/loss of play fields and/or hard play space, positioning in relation to the entrance, avoidance of areas related to construction of the recently approved classroom including the car park and compound. In addition the temporary classroom is lifted onto the site; therefore it must be in close proximity to a site boundary and the public highway. In light of the above requirements and restrictions there were considered to be two options; the site contained within the planning application and a site closer to the car park; works granted under code no. DER/02/12/00118, are likely to commence at the start of the summer school holidays. If the temporary classroom was located near to the car park it would restrict the schools ability to provide the extra car parking spaces. The preferred site was chosen as it provided certain advantages in terms of safety, access for parents and better access to the school ground. Amenity, Design and Street Scene The proposal, in my opinion, would not have a detrimental impact on the street scenes of Parkway or Rosyth Crescent, impact on the setting or character of the existing school in terms of design and amenity; particularly given it is for a temporary period. Whilst I accept the temporary classroom offers little in terms of architectural merit it is fit for purpose and therefore should not be resisted on design grounds. The rear elevation does not include any windows and therefore I am content that there will be little opportunity to overlook the adjoining residential properties. The proposal due to its single storey form, siting and design would not, in my opinion, have a detrimental impact on the residential amenity of those surrounding residents. No’s 12 and 14 Rosyth Crescent are closest to the proposal however the proposal will be screened by the existing vegetation which is approximately 6 metres deep and will be retained as part of the application. It is accepted that a small amount of pruning to the existing vegetation will be required due to the overhanging nature of the Willow Tree but there is not envisaged to be any pruning of the Elder Tree. The existing vegetation and trees are not covered by a Tree Preservation Order. In addition I am of the opinion there will not be a significant impact on this vegetation barrier resulting in a detrimental impact on the residential amenity of those properties on Rosyth Crescent, particularly no’s 12 and 14. Highway, Access and Car Parking The siting of the proposed classroom will not have a detrimental impact on the pedestrian pathway network within the school and there is no encroachment on to the public highway. As such no objections on pedestrian safety have been raised. Given the concerns raised during the consultation process of the previous application, DER/02/12/00118 which sought permission for the extensions to the existing school, the alterations to the car park and increased off street parking will be

26 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

brought forward and should be available for use in September 2012. As such I raise no objections to the proposal in terms of highway safety, access or car parking provision. Third Party Representations The application has attracted three letters of objection; the content of these letters is set out in Section 7 of this report. Residents initially expressed concerns with regards to overlooking therefore the amended plans show no windows are to be provided in the rear elevation. This report has set out the process of site selection and it is felt the current position is the best location when considering all factors. I am satisfied the content of the objection letters has been duly considered within this report and in my opinion they do not warrant the refusal of the application.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered against the saved adopted City of Derby Local Plan Review policies and the NPPF where appropriate, as indicated in Section 9 of this report, and all other material considerations. The proposed temporary classroom will have a neutral impact on the character and appearance of Rosyth Crescent. The application has clearly considered alternative sites within the curtilage of the school and respects the residential amenity of those surrounding properties. 11.3. Conditions: 1. Standard condition 100 (approved plans) 2. This permission is valid for a limited period only, expiring on 26 December 2013. On or before that date the classroom hereby permitted shall be removed from the site and the land restored to its former condition (grassed area), unless a further planning application with regard to the building or buildings has been submitted to and approved by the Local Planning Authority. 3. During the period of construction works all trees, hedgerows and other vegetation to be retained shall be protected in accordance with BS:5837:2012 (Trees in relation to construction - Recommendations), and any required pruning shall be agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details. 4. Non-Standard condition requiring the completion of the previously permitted car parking alterations to be brought into use. 5. Non-Standard condition ensuring the temporary classroom is to be used during school hours only and not after 4:00 pm. 11.4. Reasons: 1. Standard reason E04

27 Committee Report Item No: 3

Application No: DER/05/12/00543 Type: Full

2. The development is of a type not considered suitable for permanent retention. 3. Standard Reason E07 (policy GD5) 4. Standard reason E19 (policy T4) 5. Standard reason E07 (policy GD5) 11.5. Application timescale: The application expired 3 July 2012 and is brought before committee due to the content of the objection letters.

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29 Committee Report Item No: 4

Application No: DER/10/09/01210 Type: Full

1. Address: 34 Chester Green Road

2. Proposal: Retention of extension to dwelling house (bedroom)

3. Description: The householder planning application seeks to retain an already constructed single storey extension on the rear elevation of no. 34 Chester Green Road. The application site is located on the northern side of Chester Green Road and is bound by existing residential properties which all lie within the Chester Green Conservation Area. The application was originally submitted in 2009, when the extension was not complete, the extension was then completed and did not conform to the submitted plans. Therefore amended plans have been sought and the application is brought before Committee due to an objection from the Conservation Area Advisory Committee. The original dwelling house is a typical two storey terraced property built to the back edge of the public highway with private amenity space to the rear. The extension is located on the rear elevation of the property and encompasses the footprint of the original outbuildings, which were demolished in order to facilitate the development. The extension has a footprint of 4.1 metres by 5.3 metres with a mono pitch roof, approximately 4.5 metres high on the common boundary and 3.15 meters to eaves. The side elevation along the boundary is blank with a window in the rear elevation, two in the side elevation and no windows in the elevation returning back to the property. The rear elevations of these properties are not visible within the public domain with views only being appreciated from the private amenity space of surrounding properties. The extension has been constructed to meet the needs of a disabled occupant.

4. Relevant Planning History: No Relevant Planning History

5. Implications of Proposal: 5.1. Economic: None arising as a result of the extension. 5.2. Design and Community Safety: The design of the extension is considered to be acceptable and will not, due to its location on the rear elevation, have a detrimental impact on the character and setting of the Chester Green conservation Area. 5.3. Highways – Development Control: None arising as a result of the extension. 5.4. Disabled People's Access: There will be a degree of accessibility through compliance with Building Regulations and the extension has been particularly designed to meet disabled needs.

30 Committee Report Item No: 4

Application No: DER/10/09/01210 Type: Full

5.5. Other Environmental: None arising as a result of the extension.

6. Publicity:

Neighbour Notification Letter 8 Site Notice Statutory Press Advert and Discretionary Press Advert Yes Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: No letters of representation have been received as a result of the two consultation processes carried out 15 December 2009 and 4 April 2012. Copies of any representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Conservation Area Advisory Committee: Object and recommend refusal due to the size of the extension in relation to the original modest outbuildings. Furthermore the modern materials do not preserve or enhance the character of the conservation area. The proposal would set an undesirable precedent within the locality for large extensions to the rear of these properties and those on Camp Street which are visible from Marcus Street. 8.2. Built Environment: The properties here have had several alterations to the original attached single storey outbuildings, but in general they largely retain the character of mono- pitch, small lean-to extension. The adjacent similar extension does not appear to have planning permission. The extension in this application is much larger and the roof faces in a different direction. It has replaced a small extension that was not Victorian. I would not like to see a precedent set for this size of extension, particularly at properties closer to the wall bordering Marcus Street, and the overall length of the extension appears slightly incongruous in relation to the main property and should be shortened. However, the roof form does match the existing property and, if it was shortened, it is likely to preserve the character of the conservation area. I note that the windows on the plans are meant to match the replacement windows to the rear of the main property, but these are unsympathetic in style and I would suggest a re-design of the windows to either side opening casements or sliding sash windows. In any case, revised plans should be submitted as it does appear that those installed do not match the plans. I do object to the use of uPVC windows and doors and synthetic roof materials – natural materials should be used.

31 Committee Report Item No: 4

Application No: DER/10/09/01210 Type: Full

8.3. Derbyshire County Council Archaeologist: My previous comments on this application (letter of 19th January 2010) recommended that the development groundworks be subject to archaeological monitoring (watching brief), by dint of the proposal area’s location within the Little Chester Archaeological Alert Area (City of Derby Local Plan Review), and that this be secured through planning conditions in line with (then) planning guidance PPG16. The extension has subsequently been built without planning permission ever having been granted, or conditions applied. The groundworks for this unauthorised development were not accompanied by archaeological monitoring and therefore may have damaged or destroyed buried archaeology within the Archaeological Alert Area. Because any archaeological harms have already occurred, there is no possible mitigation action that could be effected retrospectively by the applicant. Should the local planning authority be minded to grant retrospective consent there is little to be gained by placing an archaeological condition as previously recommended. Should enforcement action or planning consent however require the applicant to carry out further groundworks on the site, I recommend that there should be archaeological monitoring (watching brief) of such groundworks, secured by condition in line with NPPF para 141. 8.4. Environment Agency: The site falls within a flood risk area and in the absence of an acceptable flood risk assessment (FRA) the EA object as it doesn’t provide a suitable basis for assessment to be made of the flood risks arising from the proposed development.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD3 Flooding GD4 Design and the Built Environment GD5 Amenity H16 Residential Extensions E19 Listed Buildings and Buildings of Local Importance E21 Archaeology E23 Design The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: The extension was completed during the initial case officer site visit, 19 January 2010 and the amended drawings received 4 April 2012 are representative of the completed extension. When considering the street scenes of Chester Green Road, Marcus Street and Camp Street the extension is barely visible from public advantage points and

32 Committee Report Item No: 4

Application No: DER/10/09/01210 Type: Full

therefore does not have, in my opinion, any significant harm on the character and setting of the Chester Green Conservation Area. Furthermore, the terraced properties in this locality have existing single storey additions, likely, to be original outbuildings however there are clearly permitted development rear extensions and alterations within the rear gardens. In addition, a degree of screening is provided by the existing trees which are afforded protection through their siting within the Conservation Area. Following both the initial consultation period and the recently conducted consultation the application has not attracted any letters of objection from surrounding properties. Therefore I can only assume the residents raise no objection to the retention of the extension. Whilst the side elevation consists of a blank wall I am of the opinion there are no issues relative to massing and due to the siting and positioning of windows no issues relative to overlooking. I note the objections made by the Conservation Officer and Conservation Area Advisory Committee but feel, on balance, the retention of the extension given its siting to the rear of terraced properties, coupled with the limited views from the public domain in the conservation area indicate to me that, in this instance, the proposal is not so severe as to harm the character or appearance of the conservation area.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with no conditions. 11.2. Summary of reasons: The retention of the extension has been considered in relation to the relevant saved policies of the adopted City of Derby Local Plan Review, as indicated in Section 9 of this report, and all other material considerations. The proposed extension would have a neutral impact on the character and setting of the Chester Green Conservation Area and is acceptable in terms of preserving the residential amenity of the neighbouring properties. 11.3. Application timescale: The application is brought before committee due to the Conservation Area Advisory Committee’s objection.

33 Committee Report Item No: 4

Application No: DER/10/09/01210 Type: Full

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34 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

1. Address: Land between 48 Pastures Hill and 1 – 3 Newcrest Close, Littleover

2. Proposal: Erection of 2 dwelling houses and formation of vehicular access

3. Description: The full planning application seeks permission for the erection of two detached dwellings with detached garages and the formation of a vehicular access. The site will be accessed by a private drive off Newcrest Close, the majority of which is not adopted. Amended plans and an amended Design and Access Statement have been submitted in order to overcome initial objections in respect of; manoeuvrability to the front of no’s 6, 8 and 10 Newcrest Close; highways concerns, access arrangements and manoeuvrability within the site. A second consultation has been carried out following the receipt of these amendments. The site is located within a residential location in close proximity to Pastures Hill and the Derby High School. The proposed development is considered to be the last phase of a larger development located to the north, north-east and north-west of the application site consisting of dwellings and apartments on Newcrest Close, Pineview Gardens, Greenway Drive and Golf Close. The access road up to the ‘covered way’ to Pineview Gardens and the bin collection point on Newcrest Close will be adopted with the remainder of the access remaining as a private drive. The application site is largely rectangular with the exception of the access which projects off to the north-east. The site is bound by existing residential properties and the public highway to the south. The site is locate within an Archaeological Alert Area and does lie within close proximity to a Scheduled Ancient Monument; which includes reference to the Roman Road, Bronze Age Cremation Cemetery and Iron Age Pit Alignment. There are land level changes within the site; with those properties on Greenway Drive being set below the application site and decline towards to Rykneld Road. The access road also decreases in land levels from the bin store then rising within the application site. The application is accompanied by a Design and Access Statement, Heritage Statement, Ecological Appraisal and Tree Survey. The application seeks permission for the erection of 2 no. detached two storey dwelling houses with rooms within the roof space with associated access and 2 double detached garages. The proposed access will be sited adjacent to an existing drive, which serves no’s 6, 8 and 10 Newcrest Close. Amendments have been secured to the access arrangement ensuring the removal of a low rise retaining wall, which provides increased manoeuvrability for the existing driveways and a minimum driveway width of 4 metres which is inline with the Council’s standards. The driveway is approximately 26 metre in length leading to a communal turning space, four designated car parking spaces and two detached double garages.

35 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

Plot 1 House Type B Plot 1 is located to the north of the application site and consists of private amenity space to the rear. The dwelling house has a footprint of 11.2 metres by 9.7 metres consisting of a two storey element leading to a single storey with rooms within the roof spaces which is set in from the common boundary by 4.25 metres. The proposal is an eaves fronted property with a maximum height of 9.2 metres to ridge height and 4.7 metres to eaves with the single storey element consisting of a ridge and eave height of 7.4 metres and 2.2 metres respectively. The front elevation is characterised by a slightly projecting gable which accommodates the entrance door and glazing to first floor with large areas of glazing breaking the mass of brick work; two roof lights are also proposed in the main roof plane and two are proposed in the single storey element this is the same for the rear elevation. The rear elevation accommodates two French doors with addition glazing along with windows in the ground and first floor. The side elevation accommodates a pedestrian door and landing window. The other side elevation, which is set 4.25 metres from the side boundary of no. 33 Greenway Drive, accommodates a small scale window in the two storey gable which will serve a landing which is 8.5 metres from the boundary. Drawing no. PAST/001 shows the relationship between the proposed and the existing properties on Greenway Drive. The proposed double garage serving this property is sited adjacent to the north of the access drive with a footprint of 5.6 metres x 5.6 metres and is set in from 5 metres from the rear boundary of no. 31 Greenway Drive. The garage has a hipped roof configuration with a ridge and eaves height of 4.2 metres and 2.25 metres respectively. Plot 2 House Type A Plot 2 is located to the south of the application site adjacent to the Scheduled Ancient Monument and consists of private amenity to the rear. The proposal is an eaves fronted property with a maximum height of 9.2 metres to ridge height and 4.7 metres to eaves. The front elevation is characterised by a 1.1 metre forward projecting gable with adjoining balcony with large areas of glazing and four rooflight in the roof plane. The rear elevation accommodates two French doors and glazing to the ground and first floor with four rooflights. The side elevation adjacent to the shared boundary will accommodate a pedestrian door and en-suite window. 7 windows which will enjoy views over the Ancient Scheduled Monument are proposed in the side elevation. The proposed double garage serving this property is sited adjacent to the south of the access drive with a footprint of 5.6 metres x 5.6 metres and a hipped roof configuration with a ridge and eaves height of 4.2 metres and 2.25 metres respectively.

4. Relevant Planning History: No relevant Development Control History for this application site

5. Implications of Proposal: 5.1. Economic: None arising as a result of the proposal.

36 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

5.2. Design and Community Safety: The proposed design solution of the two dwelling houses will integrate well within the existing Newcrest Close residential development. 5.3. Highways – Development Control: Newcrest Close is partially covered by a Section 38 Agreement and bond, for approximately the first 35 metres. The remainder of Newcrest Close is privately maintained, therefore this proposal has no direct affect on the public highway, and however the following is noted. The new access way will now be level with the adjacent private driveway serving 6 -10 Newcrest Close, therefore there is no need to provide a barrier between the two accesses. The applicant now offers initially a 4m width access which is slightly substandard in width to serve two dwellings. Derby City Council’s standards would normally require a width of 4.25m. The applicant has enlarged the turning area to allow a service vehicle to turn in front of the properties because the proposal exceeds the recommended man carry distance. This is satisfactory. The applicant has now removed the bin storage which was positioned 75 metres from the proposed dwellings. The prospective residents will now have to take their bins approximately 150 metres from the front door of the proposed dwellings to a recently agreed collection area for all residents. This is excessive; Manual for Streets suggests that a house holder should not have to pull a bin further than 30m to a point from which a Waste Management Operative should not have to pull that bin further than 25m to the refuse vehicle. The amended drawing suggests a bin collection area on prospective public highway. This would be unacceptable; I would suggest that a bin storage facility should be provided for all the residents of Newcrest Close behind the footway at this point. 5.4. Disabled People's Access: The dwellings will have a degree of accessibility through compliance with Building Regulations 5.5. Other Environmental: None arising as a result of the proposed development.

6. Publicity:

Neighbour Notification Letter 62 Site Notice Yes Statutory Press Advert and Discretionary Press Advert

Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

37 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

7. Representations: Two consultation periods have been carried out following the submission of initial and amended drawings; the initial consultation was conducted 6th February and the second from 1st May 2012. In total the application has attracted 7 letters of objection and their concerns and objections are also summarised below: Initial Representations • Proposal is contrary to policies: o E4 Wildlife Site – the land is rich in wildlife, loss of wildlife, o E6 Wildlife Corridor – the majority of the has been built on by the same builder, o E21 Archaeology – impact on the Scheduled Ancient Monument, o GD5 Amenity - Overlooking into gardens and dwellings on Greenway Drive, potential loss of light due to the positions of the garages, • Land levels will mean the proposed dwellings will be approximately 12 feet higher than those properties on Greenway Drive, • Potential for increased water logging within surrounding gardens, • Should develop one house rather than three, • Advised that this area of land would not be developed when they purchased their property, • Impact on the retaining wall to the rear of no’s 25, 27, 29, 31 and 31, • Reduced manoeuvring space for properties on Newcrest Close, • Poor outlook for existing properties, • Lack of street lighting and safety, • There has been no further development with the two brick pillars which restrict access, • Impact of the construction traffic on the block paving and retaining wall; there are already signs of movement, Second Representations • The re-positioning of the garages must result in an encroachment on to the Ancient Scheduled Monument, • GD5 Amenity - Overlooking into gardens and dwellings on Greenway Drive, potential loss of light due to the positions of the garages, • Land levels will mean the proposed dwellings will be approximately 12 feet higher than those properties on Greenway Drive, • Over-development of the site, • Loss of existing planting, • Proposed brick wall will be overbearing,

38 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

• Advised that this area of land would not be developed when they purchased their property, • Impact of the construction traffic on the block paving and retaining wall; there are already signs of movement, • Street lighting may shine in to bedrooms, • Potential impact on wildlife, • Who should maintain the Ancient Scheduled Monument? Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Built Environment The proposal would have a minimal impact on the built environment. Provided that no harm comes to the Scheduled Ancient Monument and any other related archaeology then we would not object. We would not object to the proposal provided the archaeology of the site is protected. 8.2. Environmental Services-Trees: None Received 8.3. Derbyshire County Council Archaeologist: Initial consultation: The site is a nationally important heritage asset, containing a Scheduled Monument – a section of the Rykneld Street Roman road and remains of a Bronze Age cemetery (SM 23287, HER 32050), identified during evaluation trenching of the site by Birmingham Archaeology in 2003-4. The application is therefore subject to the policies of PPS5, in particular the requirement for heritage information at HE6 and the policies relating to designated assets at HE9. Because of the potential impacts to the Scheduled Monument and its setting, English Heritage must be consulted on this application. I met the applicant on site early in 2011, and advised that because of the existing archaeological field evaluation data for the site it would not be necessary to carry out further pre-application field evaluation. The evaluation trenches covering the proposed development footprint contained few archaeological features, and nothing proven to be associated with the Roman road or the associated prehistoric archaeology. A couple of pits and gullies in this area were however not excavated during the evaluation, and evidence for a possible medieval plough headland bank was also encountered. The proposed development area outside the scheduling boundary appears therefore to have some modest archaeological potential for peripheral remains perhaps associated with the Scheduled Monument, but evaluation did not identify anything here of national importance. I therefore suggested that an appropriate approach would be for the applicant to submit a detailed heritage statement dealing with the archaeological interest on the site, and for the local planning authority to secure an appropriate scheme of archaeological recording by means of a planning condition, in line with PPS5 HE12.3.

39 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

The applicant has included heritage information within their Design and Access Statement, and I recommend that this meets the information requirements of PPS5 HE6 in relation to the undesignated archaeology outside the Scheduled Monument. There will clearly be ground impacts within the house and garage footprints, and also potentially from the access road. I feel that these impacts should be addressed through a) strip-and-record excavation within proposed building footprints b) archaeological monitoring of groundworks for the access road and any service excavations, to be secured by means of a planning condition attached to any planning consent for the site. In relation to the Scheduled Monument, English Heritage will be the key consultee. I feel however that the information submission in relation to the designated archaeology does not meet PPS5 HE6. In particular, the applicant should provide information relating to the proposed management of the Scheduled Monument as open space within the proposed development, and should detail how the proposed management plan will positively maintain the significance of the monument (currently threatened by self-seeded tree growth) while avoiding below-ground impacts, and how the management plan will be secured in the future. I would also welcome some discussion of impacts to the setting of the monument, in terms of the proximity of the proposed dwellings, and the rationale behind the proposed fencing of the scheduled area. I wonder whether it might be beneficial to incorporate the scheduled area further as amenity space associated with the development, to encourage its future management and care, rather than separating it through fencing. In relation to the scheduled monument, therefore, I recommend that the applicant submit additional information as detailed above. In relation to the undesignated archaeology, I recommend that the following conditions are attached to any planning consent. Amended plans consultation: The applicant has provided additional material in the design and access statement relating to the proposed treatment and management of the scheduled monument area: this addresses my concerns and I recommend that the application in relation to the scheduled monument be determined in line with the advice of English Heritage as the statutory consultee. In relation to the rest of the proposal area (i.e. outside the scheduling boundary) I have nothing further to add to my original recommendations and suggested condition wording. 8.4. Derbyshire Wildlife Trust: The ecological survey was undertaken at an appropriate level and we would concur with the consultant ecologist’s view that the site no longer meets the criteria for a Local Wildlife Site. This conclusion supported our views on this particular site following an informal brief visit to the site made a couple of years ago. The timing of the February application was such that we were able to make a request to the annual meeting of the independent Local Wildlife Site Selection

40 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

Panel for LWS DE062 Crest Hotel Meadow to be removed from the LWS Register. This request was approved by the Panel when it met on 8th March 2012 and the site has now been removed from the LWS Register. Impact of the development on nature conservation We would advise the Council that, aside from the archaeological issues associated with this site, the proposed application is unlikely to have any significant ecological impact. Conditions/Recommendations Although the site no longer retains sufficient ecological interest as a LWS the fpcr survey identified some low level botanical interest. Paragraphs 4.5, 4.6 & 4.7 of the Ecological Appraisal highlight the fact that part of the site will remain undeveloped due to the presence of a Scheduled Ancient Monument and how this presents an opportunity for this area to be appropriately managed as grassland habitat with the purpose of restoring an area of species rich grassland. We would advise the Council that if the application were approved the applicant should be encouraged to follow these recommendations as mitigation/compensation for other areas of habitat that will be lost to the development. Ideally, this would be achieved via a condition of any planning approval. 8.5. English Heritage To be provided 8.6. Ancient Monuments Society No comments received

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD2 Protection of the Environment GD4 Design and the Urban Environment GD5 Amenity H2 Sites within the urban Area H13 Residential Development – General Criteria E4 Nature Conservation E6 Wildlife Corridor E7 Protection of Habitats E9 Trees E21 Archaeology E23 Design T4 Access, Car Parking The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

41 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

10. Officer Opinion: The application site currently consists of a Scheduled Ancient Monument and area of shrub land with policies E4(a), E6 and E21 subject to compliance with the relevant planning polices the principal of residential development on this site is acceptable. The proposed dwellings will form a termination to Newcrest Close and will integrate well into the spacious nature of the existing development, as such I am of the opinion the development can not be considered as a backland or tandem development. Planning Policy The saved policies of the adopted City of Derby Local Plan Review provide both generic and specific policies which will be considered throughout the Officer Opinion section of the report. This section is not exhaustive of planning policy and the proposals adherence to local plan policies and their criteria. The following General Development (GD) policies of the adopted CDLPR are generic policies which are applicable to different development types and are therefore not site or use specific. The policies provide general criteria which planning applications are assessed against covering a wider variety of issues. Policy GD2 states development should protect and where possible enhance the City’s environment and built heritage, amongst others. The proposals do not encroach on to the Scheduled Ancient Monument and the application is accompanied by a Heritage Statement which details the steps taken by the applicant, these include preliminary meetings with the County Archaeologist and English Heritage. No objections have been received from consultees following the previous investigations undertaken by the Developer. Policy GD4 seeks to ensure development is only permitted where it would make a positive contribution to good urban design taking into consideration local distinctiveness; urban grain, road network, access and creating an attractive environment. The application for the proposed dwellings has taken into consideration design, appearance and drawn reference from the character of the surrounding area. Policy GD5 seeks to ensure development is only permitted where it would provide a satisfactory level of amenity within the site or building itself and provided it would not cause unacceptable harm to the amenity of the nearby areas. The introduction of the single storey element to plot 1 and the setting in of its garage seeks to minimise any potential impact of massing of the northern boundary. The high level window in the side elevation will be obscurely glazed and due to its scale is unlikely to introduce overlooking. Policy H13 provides general criteria for the development of residential properties. The proposal is not tandem or backland in form and issues of relative to density are not relevant given the scale of the proposal as such the site is not overdeveloped. Furthermore the layout of buildings and open spaces to create an interesting townscape and urban form would be more referenced on larger housing schemes however there will clearly be a level of integration between the existing and proposed. Policy T4 seeks to manage travel demands through making safe and appropriate provision for access and egress of the site for pedestrians, motor vehicles, cyclists

42 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

and powered two-wheeled vehicles. The Council’s parking standards are set out in Appendix A of the adopted CDLPR. There are no objections to the scheme in terms of access, car parking and servicing as the site proposed 4 designated off street parking spaces for each dwelling. Policy E9 relates to ensuring development will only be permitted where it would not seriously damage, destroy or compromise the long term retention of individual trees, groups of trees and/or woodland areas which contribute to the amenity of the area. The application is accompanied by a Tree Survey and comments from the Council’s Tree Officer are awaited. Policy E23 expects proposals to be of a high standard of design and to complement the surrounding area. In respect of design I am content with character and appearance of the scheme given its siting within both an established street scene and urban area. The following policies are considered to be more site specific given the designations within the adopted City of Derby Local Plan Review; Policies E4 and E6 seek to preserve both areas of nature consideration and wildlife corridors stating planning permission will not be granted where proposals will severe wildlife corridors or would undermine their value as wildlife routes or where they would destroy or have an adverse affect. Furthermore, the proposal is not considered to have a detrimental impact on existing habitats. The proposal is accompanied by an Ecological Survey and no objections have been received from Derbyshire Wildlife Trust. Additional information in relation to the treatment and management of the Scheduled Ancient Monument is set out in the amended Design and Access Statement. The County Archaeologist has considered the additional information and no objections have been sustained therefore the proposal is considered to conform to policy E21. Design and Street Scene The application site is located at the termination of Newcrest Close which is characterised by modern detached properties with private amenity space to the rear and frontage parking. The existing properties are generally eaves fronted with detached hipped roof garages to the frontage served off a private drive. The two proposed dwellings are of a similar scale and design to the existing properties on Newcrest Close and I consider the proposals will integrate well with the character and setting of this residential development. In terms of views from Pastures Hill views of the Schedule Ancient Monument are maintained. The proposed materials and finishes will be controlled by means of a standard condition and the landscaping details are provided on drawing no. Past – 002 Revision C. In light of the above I am of the opinion the proposals achieve a high quality design solution when considering its external appearance, scale, mass and layout. I therefore consider the proposals to broadly conform to saved policies GD4, E23 and H13 of the adopted City of Derby Local Plan Review. Access and Off Street Parking This section of Newcrest Close is a private, unadopted road that is maintainable at private expense therefore the consultation response provided by colleagues within

43 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

Highways Development Control is for reference only. I note the content of some objection letters in respect of damage to the private drive and general ware however this is a civil issue and not a material planning consideration, along with street lighting and the existing retaining wall. The brick pillars are not located within the red or blue edge of the application and therefore can not be considered under this application. The application seeks to provide a sufficient turning area along with four off-street parking spaces for each dwelling within the site which exceeds the Councils Parking Standards. The access width is considered to be acceptable and manoeuvrability for the existing properties on Newcrest Close has been maintained. The applicant has now removed the bin storage which was positioned 75 metres from the proposed dwellings. The prospective residents will have a considerable distance to take their bins; however I would suggest this is for the buyer to be aware rather than a reason to resist the proposal. The amended drawing suggests a bin collection area behind the public highway which is acceptable. Impact on Residential Amenity The principal windows of both properties are located on the front and rear elevations, a design solution of most properties in the City. The side elevation of plot 1 accommodates a single window which will be obscurely glazed in the interest preserve amenity. No. 1 Newcrest Close has objected to the scheme, their objection largely relates to the preservation of the land and the Scheduled Ancient Monument and its long term maintenance; I feel these issues have been dealt with earlier in this report. They do not objection to the proposal in respect of their amenity. Given the distance between both no’s 1 and 3 Newcrest Close, approximately 79 metres, coupled with the acute angle I am of the opinion the proposal will not represent concerns in relation to overlooking, massing and/or overshadowing. No. 3 Newcrest Close stands prominently above the access and I feel that their residential amenity will not be unduly affected by the proposal. Issues relative to their boundary are a civil matter along with comments made by the developer during the purchasing of their property. Following the submission of the requested amendments the proposal will not unduly affect the residential amenity of no’s 6, 8 and 10 Newcrest Close. Given the distance between these properties, coupled with the acute angle I conclude that the proposal will not represent concerns in relation to overlooking, massing and/or overshadowing. The side elevation of no. 33 Greenway Drive runs alongside the common boundary of the application site; given the siting of the plot 1 coupled with its reduction to single storey the proposed will not mass, overlook or overshadow this property. Issues relative to construction and retaining wall will be duly considered during compliance with the Building Regulations. No’s 29 and 31 Greenway Drive back onto the application site, both plots have a 10.5 metre garden but are at a lower land level that the application site. However given the siting of the proposed garage for plot 1, some 6.5 metres from the boundary of no. 31 Greenway Drive coupled with the obscure angle of sight from the proposed front elevations and the distance, some 20 metres from the corner of the single storey element to closest corner of no. 31, I am of the opinion there would be little impact on

44 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

their residential amenity, particularly as the existing boundary treatment will be unaltered. It is also my opinion that the proposed plot 1 garage given its siting and design would not mass the boundary. Scheduled Ancient Monument Following the submission of the proposed amendments the consultation responses of both English Heritage and the County Archaeologist are set out in Section 8 of the this report, as neither raise an objection to the proposed dwellings I am drawn to conclude that there will be no detrimental impact on the setting of the Scheduled Ancient Monument and the proposal conforms to saved policy E21. Third Party Representations Firstly, a number of the issues raised within the objection letters are not material planning considerations and as such will not be considered further within this report these includes issues relative to comments made during the purchasing of various properties within the site. Drainage of the site will be dealt with through compliance with the Building Regulations. Summary Following consideration of the application, submitted details and consultation/publicity responses I raise no objection to the erection of two dwellings houses with detached garages and the formation of an access. The proposal is considered to be acceptable in terms of site layout, impact on the street scene, highway safety, off-street car parking provision and impact on residential amenity. Furthermore, the development has had full regard to the siting of the adjacent Scheduled Ancient Monument, trees and wildlife corridor. Therefore, I consider the proposal to broadly satisfy policies GD2, GD4, GD5, H2, H13,E4, E6, E7, E9, E21 E23 and T4 of the adopted City of Derby Local Plan Review.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered in relation to the provisions of the adopted City of Derby Local Plan Review, and the NPPF where appropriate, and all other material considerations as indicated in Section 9 of this report. The proposed dwellings and associated garages will not have a detrimental impact on the character and setting of the existing development. The proposed dwelling houses have drawn reference from the distinct character of the existing development. The impact on surrounding residential properties is considered to be minimal and insufficient to warrant refusal. The layout of the development ensures the preservation of the nature conservation area and wildlife corridor and respects the Scheduled Ancient Monument. The level of off street parking exceeds the Councils current standards. 11.3. Conditions: 1. Standard condition 100 (Approved Plans) 2. Standard condition 03 (Time Limit) 3. Standard condition 27 (External Materials) 4. Standard condition 30 (Hard Standing)

45 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

5. Standard condition 38 (Foul Drainage) 6. No part of the development hereby permitted shall be brought into use until all parking areas are surfaced in a hard bound porous material (not loose gravel) for a minimum of 5 metres behind the highway boundary. The surfaced parking areas shall then be maintained in such hard bound material for the life of the development. 7. Non-standard condition (Obscure glazing in the side elevation of plot 1) 8. Non-standard condition (removal of permitted development rights for insertion of new windows and roof extensions) 9. Non-standard condition (Tree protection measures) 10. Non-standard condition (Landscaping within 12 months) 11. No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and a) The programme and methodology of site investigation and recording b) The programme for post investigation assessment c) Provision to be made for analysis of the site investigation and recording d) Provision to be made for publication and dissemination of the analysis and records of the site investigation e) Provision to be made for archive deposition of the analysis and records of the site investigation f) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation 12. No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition 11. 13. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. 14. The hereby permitted development shall be carried out in accordance with the recommendations set out in Section 4 Discussion of the Pastures Hill – Ecological Appraisal dated July 2012.

46 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

15. Standard Garage Condition 11.4. Reasons: 1. Standard reason E04 2. Standard reason E56 3. Standard reason E14 (GD4, GD5, H16 and E23) 4. Standard reason E21 (T4 and H13) 5. Standard reason E21 (GD4) 6. Standard reason E19 (T4) 7. Standard reason E07 (GD5) 8. Standard reason E07 (GD5 and H13) 9. The tree(s) in question are considered to be features of significance – This condition is imposed to ensure that they are satisfactorily protected during the period when construction works take place on the site. (Policy E9) 10. Standard reason E10 (GD4, GD5 and H13) 11. To safeguard and enhance the Scheduled Ancient Monument and potential archaeological remains and in accordance with saved policy E21 of the adopted City of Derby Local Plan. 12. To safeguard and enhance the Scheduled Ancient Monument and potential archaeological remains and in accordance with saved policy E21 of the adopted City of Derby Local Plan. 13. To safeguard and enhance the Scheduled Ancient Monument and potential archaeological remains and in accordance with saved policy E21 of the adopted City of Derby Local Plan. 14. In order to preserve local wildlife and habitats and in accordance with saved policies E4, E6 and E7 of the adopted City of Derby Local Plan. 15. Standard reason E07 (GD5) 11.5. Application timescale: The 8 week target date for determination expired 29th March and is brought to committee due to the receipt of 7 objections.

47 Committee Report Item No: 5

Application No: DER/02/12/00117 Type: Full Planning

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48 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

1. Address: 4a Chester Green Road

2. Proposal: Change of use from Retail (use class A1) to Micropub (use class A4)

3. Description: The application seeks permission to convert a vacant retail shop, to use as a micro pub. The proposal seeks to convert the existing ground floor, open plan retail area of a vacant former dry cleaner’s to a micropub. Storage, kitchen facilities and toilets are already in existence to the rear within the existing retail area. The micropub will be small scale aimed at a maximum of 30 customers. It is anticipated that the proposal would serve real ale from local microbreweries with a choice of wine and soft drinks. The applicant advises that there will be no hot food, no lager, alco-pops, spirits or cocktails and there will be no jukebox, music, television, fruit machines or other forms of entertainment In a supporting statement the applicant states that a micropub is not a standard pub but is reminiscent of a more traditional public ale house. Providing a warm and friendly atmosphere for people to meet and chat over a drink, he adds that micropubs are often small scale aimed at limited numbers of customers. He advises that ‘there are successful examples of micropubs emerging with growing popularity in recent years. Recent examples include the Marlpool Brewing Company at 5 Breach Road, Marlpool, Heanor, Derbyshire which operates in a very similar manner, albeit larger than that proposed here. This was granted full planning permission in 2010 (ref. AVA-2010-0019) after an earlier temporary planning permission (AVA-2010-0949) was granted to allow its effects on neighbouring dwellings to be assessed. That business has since operated with no noise complaints registered with Amber Valley Borough Council and subsequent applications to extend opening hours have also since been approved. Such examples can only stand as testament to the ability of such uses to carry on side by side with other uses including residential properties within the area.’ He adds that ‘My aspirations are for a small and innovative community facility combining my passion for quality real ale and providing an alternative leisure function serving the growing numbers of similar real ale enthusiasts both from the local community and surrounding areas. External alterations are limited to minor repairs to overcome decay in the existing timber shop front. The existing shop front will be painted a more sympathetic dark blue to match the existing first floor windows. Fascia signage will be limited to rebranded lettering similar to that within the existing fascia signage but with no addition of any projecting signage. The existing window graphics will be removed to be replaced with more sympathetic, part height opaque film with limited branded graphic detailing to provide a degree of internal privacy whilst maintaining an active frontage to the street scene. With regards to noise and disturbance for local residents, this part of Chester Green Road and its junction with Mansfield Road accommodates a variety of uses including general stores, takeaways, places of worship and an existing pub, the Coach and Horses, in similar proximity to residential properties and, as such, is distinctly mixed use in character. Indeed the adjoining premises are occupied by a sandwich bar at

49 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

ground floor. It is acknowledged that where residential use exists in close proximity to commercial activities there remains the potential for a degree of conflict, especially where commercial activity extends into the evening and weekends. In such mixed use areas, including district and local centre’s however, it is exactly that mix which gives them their vitality and viability. The proposed use is, by its scale and nature, proposed to be a low key community facility offering an alternative leisure venue for real ale enthusiasts. With regards to noise internally within the building, there is to be no music or similar activities likely to result in excessive noise with the use itself of very limited scale and limited hours of opening. The upstairs flat is privately rented but within the ownership and control as the downstairs premises. Any activities or potential conflicts are therefore subject to stringent control through the private lease arrangements. Habitable accommodation at adjoining residential properties is afforded further degrees of protection being separated by virtue of intervening non-habitable access routes and passageways. By virtue of the nature and scale of the use, and taking account of its location within a relatively busy mixed use area, it is therefore suggested that any increase in noise and disturbance would not be so significant to justify refusal. The shop also has access to a rear yard which will not form part of any drinking, smoking or other publicly accessible area but will be used for limited storage of refuse only in the same way that former uses of the premises did. Whilst volumes of waste produced are likely to be very low given the nature of the use, it is acknowledged that the deposit of refuse at night can impact on neighbours and result in complaints. It is therefore proposed to retain any waste within the premises to be deposited only during daytime hours thereby significantly restricting any potential noise and disturbance to the rear of adjoining properties. Whilst hours of 11:00 - 22:30 have been specified within the submitted application forms, these hours have been provided as outside limits based on those operated by other similar functions. The use will, by its nature, attract a niche market customer base and will operate as a small venture business only. In reality the hours and days of operation will, in the early days, be substantially reduced. Such hours are however considered to offer an appropriate balance between scope for the success of the business into the future and the amenity of surrounding residents. Any non-residential use has the potential to conflict with the amenity of surrounding residential areas. The property subject of this application is however within an area of very mixed use, including an existing pub and other night-time economy uses. The scale of the use is however deliberately small and low key. Being restricted by floor space to approximately 30 customers, any potential impacts are arguably limited with no reasonable prospect of extension or intensity of use in the future. Despite the efforts of the owners and their local agents, Rigby & Co, the current shop has been vacant for approximately 12 months. Securing such use of such vacant premises within the Conservation Area can only be considered to make a positive contribution to both the vitality and viability of the local area. It is hoped that residents, Council Officers and Committee Members can take the opportunity to visit the micropub at Marlpool and gain a true experience of the use proposed. A micropub is not aimed at the mass market vertical drinking associated

50 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

with many of the national pub chains and clubs associated with many of the current issues highlighted with evening economy. In so doing it is believed that the benefits of the proposed use in terms of its contribution to the local economy and contribution to the vitality and viability of the area will be plain to see.’

4. Relevant Planning History: DER/05/04/00963 – Planning permission was previously refused for change of use of the property to a hot food takeaway for the following reasons: ‘The proposed hot food use which is not in a centre in the shopping hierarchy, would be seriously detrimental to the amenities of nearby residents, by reason odours, noise and general disturbance due to the proximity of residential properties. It would thereby be contrary to policy S20 of the adopted City of Derby Local Plan.’

5. Implications of Proposal: 5.1. Economic: The proposal will bring back into use a vacant former dry cleaners and employ two staff 5.2. Design and Community Safety: External alterations to the building are limited to minor repairs and painting of the existing shopfront. New window graphics are proposed, details of which can be controlled through condition. Any signage would need to be considered separately under an Advertisement Consent application. The proposal is not considered to have an adverse impact upon the character of the Conservation Area. No concerns have been raised by the Police Liaison Officer in terms of community safety. 5.3. Highways – Development Control: The property is situated at the junction of Chester Green Road (unclassified) and Mansfield Road, (classified), both of which are subject to a ‘No Waiting at Any Time’ parking restriction adjacent to the property and are adopted highway, maintainable at public expense. Chester Green Road is an ‘access only’ road. The site has no parking provision, however it is located on a regular bus route and is within walking distance of the city centre and therefore is situated in a sustainable location. I would assume that the servicing of the ‘Micropub’ would be similar to that of the existing servicing practice of the retail unit. I do not consider the proposal has significant highway implications. No significant highway implications, and in view of this, no objections. Highways – Land Drainage: Has no comments to make 5.4. Disabled People's Access: There is a level access into the premises. 5.5. Other Environmental: None

51 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

6. Publicity:

Neighbour Notification Letter 22 Site Notice Statutory Press Advert and Discretionary Press Advert yes Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: In total 20 letters/emails of objection have been received which raise the following issues: • Noise and disturbance from customers and vehicle movements, particularly at night • Lack of appropriate space for a smoking shelter at the rear which will result in smokers congregating outside on the front of the premises • Concerns over access and lack of off-street parking • The area is already well served by pubs • Concerns about increased litter • Anti-social behaviour • Smokers will go out onto the street – concerns with regards to smell and noise • The applicant has not completed an assessment of flood risk • Deliveries would cause disruption on the main road and add to noise and parking problems • Smells caused by beer and ale In total 20 letters/emails of support have been received and 1 letter of comment. These are summarised below: • In an era when pubs across Derby, Derbyshire and the nation are slamming their doors shut how refreshing to hear of a plan like this • It would be fantastic to see further development in Derby’s growth as the real ale capital • There are too many poor quality pubs in that area and a pub concentrating on real ale would only improve the area • At a time when pubs of all shapes and sizes are struggling, this is a wonderfully innovative idea • Every area ought to have a micropub, run correctly, they are fantastic places • This is a much needed addition to the local real ale scene

52 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

• A welcome outlet for the area • Community based pubs have been lost in large parts of the UK and micro-pubs are now stepping in to fill the gap • It is important to encourage and support local business, which in turn support the local economy; providing jobs, generating revenue and bringing communities together 1 letter of objection has been received from Councillor Repton which raises the following concerns: • Local residents may suffer the loss of amenities in terms of the peaceful enjoyment of their property by way of increased noise levels • Traffic flow in the area adding to parking problems • Smoking at the rear and front of the property could cause nuisance to local residents • Generally the proposal does not fit in with the nature of the neighbourhood which are terraced houses and a conservation area Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Environmental Services- Pollution: I have reviewed the application information and I would offer the following comments in relation to Environmental Protection related issues: Noise I note that the proposals are to introduce a small scale public house into a predominantly residential area. I also note that the premises are attached to one side and to the first floor by residential uses. The rear yard and garden area to the premises are also currently residential in nature and the garden is adjoined at both sides by residential gardens. Under current legislation, smoking would not be permitted within the premises, therefore it is expected that customers would need to utilise one of the outside spaces to the front or rear of the premises for smoking. I do however acknowledge the applicant’s intentions to run a small-scale drinking establishment, without music and on relatively restricted hours of operation. Conclusions on Noise: Based on the information provided and following a visit to assess the location, I would confirm that I have significant concerns over the potential for the amenity of adjacent residential premises to be affected detrimentally by noise from the development. Consequently, I would object to the proposals on noise grounds. Should the committee be minded to grant permission however, then I would recommend at a minimum that the following conditions be attached to the consent:

53 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

• The operating hours of the premises shall be restricted to 8am to 10pm; • Background music only shall be allowed at the premises; • No music shall be permitted in external areas at the premises; • The rear yard/garden area to the premises shall not be used by any customers in connection with the business. I have no other comments to make on the application. 8.2. Built Environment: No objections to the proposed change of use. However, to control and ensure the limited impact on the visual appearance of the building in a new use as a micro-pub I would suggest conditioning details of the exact proposed signage and proposed opaque film screen as well as confirmation of the proposed shop front colour. Recommendation: I therefore have no objections to the proposal and suggest the above conditions. 8.3. Police Liaison Officer: Confirms no comments to make

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD2 Protection of the Environment GD3 Flood Protection GD5 Amenity S12 Financial and Professional Services and Food And Drink Uses E18 Conservation Areas E21 Archaeology E29 Protection of World Heritage Site and its Surroundings T1 Transport Implications of New Development T4 Access, Parking and Servicing T10 Access for Disabled People The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: This looks to be a late nineteenth century building with a traditional shop front located within the Little Chester Conservation Area. The site of the proposal is not allocated for any particular use in the City of Derby Local Plan Review. It is within the World Heritage Site, a Conservation Area and an Archaeological Alert Area. I am generally satisfied that the proposed use will have no adverse effect on the special character of the area. I note the advice of the Built environment officer regarding implications for the heritage assets. Although the address of the property is Chester Green Road, it is on the junction with Mansfield Road and so can be considered as being in a main road location as

54 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

required by policy S12. The main concerns with regard to S12 are the potential effects of the proposal on road safety and amenity. As it’s already in a ‘non- conforming’ ‘A use class’ then there are no policy issues over its location, subject to issues related to amenity. With it being on a road junction, I am satisfied that road safety and traffic management problems would not arise as confirmed by the Highways Development Control officer. The Environmental Health officer, despite objecting on potential noise grounds, is satisfied that amenity concerns can be protected by suitable conditions. The proposal is, or can be made so, in accordance with policy S12. I note that the unit has been vacant for approximately 12 months. Elsewhere in the City we have accepted that it can sometimes be better to have a suitable but non- conforming use in a property rather than to allow it to remain vacant. This is only appropriate, however, where there would be no overall harm to the vitality and viability of a centre in the shopping centre hierarchy. In this case it is unlikely that the proposal, due to its location several hundred metres from a centre, would have any effect on a centre in the hierarchy. In a finely balanced assessment I am drawn to conclude that such a small scale proposal in an existing commercial property, subject to conditions, can be made acceptable. I therefore recommend approval for this change of use.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered in relation to the provisions of the adopted City of Derby Local Plan Review, and the NPPF where appropriate, and all other material considerations as indicated in Section 9 of this report. On balance, it is considered that the proposed use, subject to safeguarding conditions restricting hours of operation and the use of amplified music, could reasonably operate without significant adverse impact on the amenity of local residents. 11.3. Conditions: 1. Standard 3 year time limit condition 2. Approved plans condition 3. Condition restricting operating hours (11:00-22:00 Monday to Friday and 11:00-22:00 Saturday, Sunday and Bank Holidays) 4. Condition restricting amplified music at the premises 5. Condition restricting use of the rear yard by customers 6. Condition requiring the submission of graphics details on the shopfront windows 7. Condition requiring approval of shopfront colour finish

55 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

11.4. Reasons: 1. Standard time limit reason 2. For the avoidance of doubt 3. In order to safeguard residential amenity….Policy GD5 4. In order to safeguard residential amenity ….Policy GD5 5. In order to safeguard residential amenity ….Policy GD5 6. To safeguard the character of the conservation area….Policy E18 7. To safeguard the character of the conservation area….Policy E18 11.5. Informative Notes: None 11.6. S106 requirements where appropriate: None 11.7. Application timescale: The 8 week target timescale for determination of the application was the 15th of June 2012.

56 Committee Report Item No: 6

Application No: DER/04/12/00484 Type: Change of use

Co 1 8

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57 Committee Report Item No: 7

Application No: DER/04/12/00404 Type: Full

1. Address: 406 Burton Road, Derby

2. Proposal: Two storey side and rear extensions to dwelling house (lounge, sitting room, w.c, bedroom, 2 en-suites, bathroom, landing, Juliet balcony and enlargement of kitchen and 2 bedrooms), demolition of garage and erection of double detached garage

3. Description: Members may recall this item was deferred at the 24 May Planning Control Committee in order to carry out a site visit. The site visit took place 4 July 2012, with Councillors Bolton, Harwood, Wood, Roberts, Pegg and Turner in attendance, with apologies being sent from Councillor Carr, in order to consider the impact of the proposed extensions on the residential amenity of no. 404a Burton Road, the land level changes across the site and with neighbouring properties including the allotments to the rear. I have reproduced below the report for Members’ consideration. The application relates to a two storey detached residential property located on the northern side of Burton Road. The existing property is centrally located within a relatively rectangular plot that extends from Burton Road in a northerly direction to the allotments which abut the rear boundary. To the east and west of the application site are existing residential properties of a two storey scale. Land levels decline within the site in a northerly direction; no. 404a is initially elevated above the application site however the land levels decline steeply in a northerly direction, to the rear. Amended plans have been submitted following discussions with the agent in respect of the objections raised by those properties to the east. The first floor side elevation has been set in 1.5 metres. A land level section plan has also been submitted in order to provide clarification on the land level differences and the relationships created between the application site and the neighbouring property no. 404a Burton Road. A single storey extension, with a footprint of 1.5 metres x 4 metres is located on the eastern side elevation which will accommodate a w.c. within a flat and hipped roof extension. The extension has a blank front elevation with an obscure glazed window in the side elevation. The proposed two storey extension wraps around the western side elevation to the rear elevation comprising a lounge, sitting room and kitchen at ground floor and the formation of 4 bedrooms, 3 en-suites and a family bathroom at first floor. The side extension has a width of 4.5 metres and length of 7.8 metres and accommodates a 1 metre set back from the front elevation. The extension is eaves fronted with a double gable to the side elevation which accommodates two ground floor windows and an obscurely glazed first floor window. The rear projection has a depth of 4 metres and width of 14.35 metres; the first floor has been stepped in by 1.5 metres resulting in the first floor extension being 6.5 metres from the eastern boundary. This results in a mono pitch at ground floor. The rear elevation comprises a pedestrian door, glazing doors and 2 windows at ground floor and 2 windows at first floor along with a Juliet balcony.

58 Committee Report Item No: 7

Application No: DER/04/12/00404 Type: Full

4. Relevant Planning History: DER/02/12/00160 – Two storey side and rear extensions to dwelling house (lounge, sitting room, w.c, bedroom, 2 en-suites, dressing room, bathroom, landing, balcony and enlargement of kitchen and 2 bedrooms) and demolition of garage and erection of double detached garage. Application withdrawn 23 March 2012

5. Implications of Proposal: 5.1. Economic: None arising as a result of the proposal. 5.2. Design and Community Safety: There are no community safety implications arising from the proposal. The design, whilst large in scale, clearly references the character and appearance of the original property. 5.3. Highways – Development Control: There will be no significant highway implications and in view of this no objections. 5.4. Disabled People's Access: The proposal will have a degree of accessibility through compliance with building regulations. 5.5. Other Environmental: None arising as a result of the proposal.

6. Publicity:

Neighbour Notification Letter 7 Site Notice No Statutory Press Advert and Discretionary Press Advert No No Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement. 7. Representations: The application has attracted 11 letters of objection, 6 on behalf of no. 404a Burton Road, 3 on behalf of the allotments, 1 from no. 406a which is located to the west and 1 from no. 349 Burton Road which is opposite the application site. The objection letters are summarised below: No. 404a Burton Road • Do not object, in principle, to reasonable extensions and alterations, • The proposal is contrary to Policy GD5, H16 • Loss of privacy, • Overlooking and perceived overlooking, • O.S. does not show their conservatory,

59 Committee Report Item No: 7

Application No: DER/04/12/00404 Type: Full

• Overbearing and massing impact on the boundary, • Implications of the land level changes, • Elevations will appear greater due to the land level changes, • Loss of light from the west, • Increased noise, vibration, smells and fumes do to the position of the garage, • Relationship of the proposal with existing trees, • Impact on the rear garden and conservatory, • Loss of residential amenity, • Not in-keeping with the character of the original dwelling house or surrounding area, • Potential loss of trees, • Impact of construction works and traffic, • No details of how the land level changes will be supported, • Ecological impact, • Impact on the drainage system, • Increased parking along the boundary, • Loss of property value, • No pre-app was undertaken with them, • Incorrect information in relation to trees, • Impact on the allotments. 406a Burton Road • Not in proportion with the original dwelling house, • Change in character of the property and area, • Overlooking to their property. 349 Burton Road • Proposal will detract from the character of Burton Road, • Poor view from their property, • Loss of property value, • Existing issues of parking due to the applicants Limousine Business, • Impacts on the highway due the potential increase in traffic movements, • Loss of eco-balance to the allotments (which they use), • Developments should not disrupt the existing communities or detract from the character of the existing. Allotments • Height of the garage

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Application No: DER/04/12/00404 Type: Full

• Loss of light to the greenhouses, • Land levels changes – the allotments are some 1 metre below the residential properties, • Will render some plots unsuitable, • Overlooking to their private allotments. Copies of all the representations are available to view on the Council’s eplanning service:- www.derby.gov.uk/eplanning

8. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD4 Design and the Urban Environment GD5 Amenity H16 Residential Extensions E9 Trees E23 Design T4 Access, Car Parking and Servicing The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

9. Officer Opinion: Design and Street Scene The proposed extension, in terms of design, is considered to be acceptable and will not significantly detract from the character and setting of the original dwelling house, despite its bulky and piecemeal appearance. The two storey side extension has been set back from the front elevation to ensure subservience along with a lowered ridge line. The proposed single storey extension and canopy on the front elevation given their scale will have a neutral impact on the appearance of the front elevation as such I am of the opinion the street scene will not be detrimentally affected. The land levels changes in this locality result in the extension and original dwelling house being set down from the public highway, at present the front boundary consists of mature planting which offers screening to the property, however these are not the subject of a preservation order. I therefore conclude that any impact on the street scene will be negligible. Views to the eastern side elevation, from the public domain, will be limited. The design solution clearly references the original dwelling house; an eaves fronted side elevation with gables provides uniformity the side elevations. The window proportions and positions along with the overall external appearance, design and scale are considered to be acceptable, in my opinion. The finish of the extension will be monitored through the use of a material condition. Access, Car Parking and Servicing The proposal seeks to erect a double garage within the rear private amenity space of the property that will replace an existing garage, also located within the rear private

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amenity space. There is no requirement to replace the existing hard standing and there are no details to alter the existing access arrangement. I note the content of the objection letters in respect of construction traffic and waste from the development; these are not material planning consideration and therefore are not considered within this report. Should the applicant wish to store a skip on the public highway they will be required to obtain the necessary licences. It is felt that the use of the proposed garage will be similar to the existing and as the driveway will not be altered issues relative to increased use, the storage of cars and pollution on the driveway could take place now without the consideration of this application. Therefore, unfortunately, little weight is given to these objections. Issues relative to obstructing the public highway are a matter for the police and can not be control under this planning application. Therefore the proposed garage broadly accords with policy T4 of the adopted CDLPR and has not attracted an objection from colleagues within the highways section. Impact on Amenity and Third Party Representations 6 letters of objection have been received in respect of the impact of the proposed on the residential amenity of no. 404a Burton Road; the letters are summarised above. The extensions on the western elevation will not affect no. 404a due to its orientation. The rear extension, at first floor, has been set in from the side elevation by 1.5 metres in order to reduce concerns of overshadowing and massing of the boundary. The proposed extension has a rear projection of 4 metre however it is set in 5 metres from the common boundary, this measurement will vary due to the staggered boundary line; whilst I accept there are land level changes and the proposed extension will appear slightly higher, from no. 404a, I am of the opinion the extension due to the distance from the boundary will not detrimentally mass the common boundary or the rear elevation of no. 404a. The proposed extension has taken into consideration the ‘45 degree line’ guidance, as detailed on the amended plan in respect of the first floor bedroom window, any potential impact in respect of overshadowing is also mitigated for by the reduction in the width of the first floor. The two storey element, on the rear, is 6.5 metres from the boundary and the single storey roof pitches away. No. 404a is located to the east of the application site and no. 406 is set slightly back therefore there is likely to be some existing overshadowing from the original dwelling house, whilst this might be increased as a result of the proposal I feel it does not warrant the refusal of the application given no. 404a enjoys light from third party land which is not under their control. This issue is accepted with some, but not all, of the objection letters and referred to as “borrowed light”. The ground floor windows in the side elevation will be obscurely glazed and there are no windows proposed at first floor. Those windows in the rear elevation, project further into the garden, will not significantly increase overlooking or perceived overlooking due to the obscure angle and relationship to no.404a and its private amenity space. The Juliet balcony in my opinion will introduce issues no different to the introduction of a standard window.

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Application No: DER/04/12/00404 Type: Full

Following a site meeting with no. 404a the changing land levels were evident and I do accept there is likely to be some impact resulting from the proposal however I am of the opinion the impacts are not significant enough to warrant the refusal of the scheme. Issues are raised in relation to the information provided in the submission in relation to trees and their existing conservatory; as advised to the objectors little weight is afforded to a conservatory in terms of loss of light and overshadowing as it is not considered to be a principal room. I note the garage may have an impact on the setting of some existing trees however these issues will be largely civil. The trees are located to the rear and afford little amenity value to the street scene of Burton Road and are unlikely to warrant a Tree Preservation Order. The first floor window in the western side elevation will serve an en-suite and will be obscurely glazed and the insertion of a Juliet balcony on the rear elevation will create a relationship not dissimilar to the installation of a standard window. Windows within the ground floor, on both the side and rear elevation, will be screened by boundary treatments. Furthermore, the two storey side extension is approximately 17 metres from the side elevation of no. 406a therefore I am of the opinion the proposed will not have a detrimental impact on the setting of this residential property and its residential amenity will not be unduly affected. The objection letters have raised issues relative to the loss of property values however this is not a material planning consideration and therefore cannot be considered under this application. Impacts on the drainage system, foundations and structural stability along with the construction work will be duly monitored through compliance with Building Regulations. Whilst the Council encourages discussions between neighbours this is not compulsory, the disappointment of no. 404a due to the lack of discussion with regards to the re-submission can only be noted. Objections have been raised by no. 349 Burton Road which is located opposite the application site, approximately 58 metres to the south-east. Their concerns in relation to loss of view and devaluation are not a material planning considerations and therefore not considered any further within this report. Objections have also been raised in respect of the impact of the proposals on the setting of the allotments which are located to the north of the application site. The allotments due to their orientation will already suffer some overshadowing from the existing garage and those trees to the rear boundary of no. 404a. The proposed garage is of a dual pitch roof configuration, therefore pitching away from the common boundary. The eaves of the garage are 2.5 metres with a ridge height of 4.5 metres; the introduction of the ridge would reduce impacts of overshadowing and massing of the boundary, to the allotments; whilst I accept these measurements will differ, from the allotment site, due to the land level changes. Therefore the objections raised by the allotments are not, in my opinion, sufficient to warrant the refusal of the application. I would also stress the issue that the allotments currently enjoy light from third party land over which they have no control. Overlooking onto the allotments would be, in my opinion, no different from the current situation in addition the allotments are not considered to be private amenity space and are therefore afforded little protection in terms of overlooking. Summary

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Application No: DER/04/12/00404 Type: Full

Following the receipt of amended plans the proposed extensions and erection of double garage at no. 406 Burton Road are considered to be acceptable in terms of design and impact on the character of the street scene. The secured amendments have sought to mitigate objections and concerns raised by no. 404a Burton Road in terms of massing and overshadowing and I am of the opinion the proposed garage will have a limited impact on residential amenity, particularly that of no. 404a Burton Road. The proposal is therefore considered to broadly conform to relevant saved polices of the CDLPR.

10. Recommended decision and summary of reasons: 10.1. To grant planning permission with conditions. 10.2. Summary of reasons: The proposal has been considered against the saved adopted City of Derby Local Plan Review policies and the NPPF where appropriate, as indicated in Section 9 of this report, and all other material considerations. The demolition of the existing garage and its replacement with a double garage within the rear private amenity space of no. 406 Burton Road will have a neutral impact on the character of the street scene and setting of surrounding properties. Furthermore it will not have a detrimental impact on highway safety. The design and external appearance of the extension clearly references the character and external appearance of the original property. The proposal has sought to respect the residential amenity of those surrounding properties through its scale and siting and through the submission of the amendments. 10.3. Conditions: 1. Standard condition 03 (time limit) 2. Standard condition 100 (approved plans) 3. The approved plans do not extend to include permission for a raised patio to the rear of no. 406 Burton Road. 4. Standard condition 27 (external materials) 5. Standard condition 13 (garage usage) 6. The window(s) in the eastern and western side elevations shall be glazed in obscure glass and must be of Class 4 or above of the Pilkington Range of Textured Glass which classifies the degree of obscuration. The obscure windows shall be retained as such in perpetuity unless the Local Planning Authority gives written approval to any variation. 10.4. Reasons: 1. Standard reason E56 2. Standard reason E04 3. For the avoidance of doubt and no details were submitted with the application. Furthermore the effects of a raised patio will need to be assessed in terms of the relationship created with those surrounding properties and in accordance with Policy GD4, GD5 and H16 of the CDLPR.

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4. Standard reason E14 (GD4, GD5, H16 and E23) 5. Standard reason E28 (GD5) 6. Standard reason E28 (GD5) 10.5. Application timescale: The application expired on 28 May 2012 and is brought before committee due to the receipt of 11 objection letters.

65 Committee Report Item No: 7

Application No: DER/04/12/00404 Type: Full

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66 Committee Report Item No: 8

Application No: DER/05/12/00574 Type: Full

1. Address: Site of Fontenay, Old Hall Avenue, Littleover

2. Proposal: Demolition of existing dwelling house. Erection of 3 detached dwelling houses and formation of vehicular access.

3. Description: This application seeks permission to demolish a dwelling house, constructed in the early 1950s, and located within a substantial 0.17ha curtilage and erect 3 detached dwelling houses within the same site, together with the formation of a new vehicular access. A Design and Access, Bat Assessment and Survey, Drainage statement, Tree report, and Reduction in Energy Consumption Schedule also accompany the application.

4. Relevant Planning History: None recent

5. Implications of Proposal: 5.1. Design and Community Safety: The proposal is of a design that takes into account the suburban context of the site in terms of its layout, density, massing and building types. Good standards of privacy and amenity would be maintained. There are no community safety issues arising 5.2. Highways – Development Control: Old Hall Avenue is an unclassified road which is maintainable at public expense. The site is situated at the end of the quiet cul de sac. The proposal seeks to introduce a 4.2m wide access to serve plots 1 and 2, which would allow for two cars to pass each other behind the highway boundary, therefore this is satisfactory. The proposal wishes to extend the existing dropped vehicle crossing to serve the new access and use the existing dropped kerb access to serve plot 3. I would recommend that the whole length of frontage should be newly constructed to allow for a dropped and tapered kerb to serve the development for continuity. Any amendment would involve works within the public highway which would require the relevant permissions from the Highway Authority. The open nature of the frontage allows for adequate pedestrian visibility provision. All dwellings are within 25m of the public highway and are therefore within the correct recommended distance to the highway for waste bin kerb side collection. The applicant however offers a ‘waste bin day’ storage facility behind the highway boundary which is satisfactory. Although the integral double garages appear to be below Derby City Council’s recommended internal dimensions of 6m x 6m; all plots have at least a further 200% parking provision which is satisfactory. There is adequate turning facility for plots 1 and 2.

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Application No: DER/05/12/00574 Type: Full

Should planning permission be granted, I would recommend the following conditions in the interests of highway safety: 1. Development shall not become operational until the proposed amendments to the existing access have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. 2. No part of the development hereby permitted shall be brought into use until all parking/access areas are surfaced in a hard bound material (not loose gravel) for a minimum of 5 metres behind the Highway boundary. The surfaced parking/access areas shall then be maintained in such hard bound material for the life of the development. 3. No part of the development hereby permitted shall be brought into use until the access driveway and parking is constructed with provision to prevent the unregulated discharge of surface water from the driveway and parking to the public highway in accordance with details first submitted to and approved in writing by the LPA. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development. 5.3. Disabled People's Access: The proposal would need to comply with Code ‘M’ of the Building Regulations in respect of disabled access to the site and dwellings.

5.4. Other Environmental: A survey conducted on behalf of the applicant has indicated that there is no evidence to indicate the presence of bats within the existing dwelling.

6. Publicity:

Neighbour Notification Letters Yes Site Notice Yes Statutory Press Advert and Discretionary Press Advert No No Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: One letter of comment regarding heights of boundary treatment and one letter in the form of a petition with signatures on behalf of 12 apartments at Elm House has been received. Elm House is a block of flats located to the east of the application site. Objections are made to the proposal on the following grounds: a. Old Hall Road is a narrow road with a heavy traffic burden created by previous planning decisions. Further development at Fontenay would add further to this burden;

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b. There would be an adverse impact upon access for larger emergency and access vehicles such as fire engines, ambulances and refuse collection trucks; c. Future occupants of the 5 bedroom dwellings are likely to be multiple car owners with lifestyles likely to generate further visiting traffic; d. The houses are too big for the intended site, too close to flats in Elm Close thereby reducing privacy. e. Any children of the incoming occupants would have insufficient space f. The proposed development would be contrary to the well-being of existing residents and the good order of Old Hall Avenue. Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Natural Environment-Tree Officer: Need standard conditions requiring suitable protective barriers around and no dig solution for works within, Root Protection Area of trees, as per Tree Report. 8.2. Derbyshire County Council Archaeologist: The northern boundary of the proposed development is situated 10 metres from the known course of Ryknield Street (Derbyshire HER 99016), a major Roman routeway running north-south through the Midlands. An extant section of road some 270 metres south-west of the site is designated as a Scheduled Monument. A number of residential developments in the immediate vicinity of the site have been subject to recent archaeological evaluation, with mixed results. The Pastures Hill site (excavated in 2003), approximately 100 metres south-west, yielded sections of road surface along with Late Iron Age pits and a Bronze Age cremation cemetery. However, the site at 106-112 Chain Lane (excavated in 2006), immediately north-west of the proposed development, yielded minimal archaeological findings. Roman finds have also been recorded from the garden of 9 Elms Drive, 80 metres to the north-west. These results suggest that there is clear potential for Roman (and indeed prehistoric) archaeology on the proposed development site. Because of the small scale of the proposed development I recommend that this archaeological interest be dealt with through a conditioned scheme of archaeological recording in line with NPPF para 141. The archaeological work is likely to comprise evaluation trial trenching in the first instance, followed by further excavation, preservation in situ and/or monitoring of groundworks. The following conditions should therefore be attached to any planning consent: a) No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the

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local planning authority. The scheme shall include an assessment of significance and research questions; and 1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. Provision to be made for analysis of the site investigation and recording 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation 5. Provision to be made for archive deposition of the analysis and records of the site investigation 6. Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation" b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a). c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured I may be contacted in the first instance for a written brief and/or a list of archaeological contractors working in the region.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. H13 Residential Development – General Criteria GD2 Protection of the Environment GD3 Flood Protection GD4 Design and the Urban Environment GD5 Amenity T4 Access, Parking and Servicing E7 Protection of Habitats E9 Trees E21 Archaeology The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

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Application No: DER/05/12/00574 Type: Full

10. Officer Opinion: This application seeks to develop land and gardens of a large detached dwelling located within its own grounds at the head of a cul-de-sac of similar dwellings. The existing dwelling, positioned close to the highway, would be demolished and three x 5 bedroom individually designed detached dwellings with integrated double garages (detached garage block in the case of plot 2) located within the site. Each dwelling would be positioned within substantial curtilages. A common 6m metre wide access way would be provided from the highway to serve all three dwellings. Site density would be at the equivalent of 6 dwellings per hectare. Each dwelling would utilise a traditional design with a mixture of hipped (30 degree angle) and gabled roof in either a red or grey tile with a variation in roof heights. External chimneys would be a common feature, as would be front and rear mono- pitch porches and rear French windows. Overall, the external design would be reminiscent of the early 20th century Arts and Crafts style. A soft red brick would be used for the external features but no further details of the external finish have been given and these would require clarification by condition. Main fenestration would be located primarily to the front and rear elevations of the dwelling facing over garden areas with only secondary obscure glazed hall way and bathroom windows positioned on the side elevations. Plot 3 would be set forward in the site, some 13 metres distant from the highway with plots 1 and 2 grouped together across the main access drive as a pair further into the site with a distance of 2 metres between their respective side elevations. Each dwelling would have rear curtilages in excess of the 10m minimum in depth with individual permeable paved areas to the front designed to provide vehicle turning and parking in front of garages. The side elevation of plot 2 is some 3 metres distant from the boundary to the south west with flats at Elm House and presents no main living room windows on this elevation. In addition, the rear elevation of the detached garage to this plot is located close to this boundary further protecting flats from possibility of overlooking. Main living room windows of the flats face to the north west over their own dedicated garden area and their view would not be obstructed or overshadowed by the proposed dwelling at Plot 2, located at least 5 metres distant across the boundary, by loss of aspect or overshadowing On balance, the proposal would have no materially adverse impact upon the spatial relationship with the Flats at Elm View where the main elevation windows face to the north west over their own garden area and away from the proposed development across what would remain a well screened boundary. The side elevation of plot 1 is located some 3 metres, at its closest point, with the bungalow dwelling to the north east (The Willows) and some 5 metres from its side elevation. This boundary is demarcated by a 1.5m high close boarded timber fence and the neighbour has indicated, whilst raising no objection, that there is a side elevation bedroom window to their bungalow facing onto the site. The neighbour has expressed a wish for the erection of a 2m high fence on this boundary in order to maintain their privacy. This can be conditioned accordingly. In terms of its position, the proposal utilises the site with a low density form of development that maintains sufficient interface distance with neighbouring dwellings and flats to avoid loss of amenity by overlooking or overshadowing and, in terms of

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layout, utilizes the site efficiently to provide for acceptable front and rear curtilages. Overall, a satisfactory spatial relationship would be maintained with neighbouring properties in accordance with the requirements of saved policy H13. A group of mature Red Oak trees are to be retained on the south eastern boundary of the site (Plot 3) adjacent to access to ‘The Elms'. Other semi mature trees close to the interior boundaries, as indicated in drawing OHA/PL/02, will be maintained within the development to provide boundary screening and internal landscape texture to the site in accordance with Policy E9. Standard Conditions are required, however to provide suitable protective barriers and no dig solutions within the RPA of the retained trees, as indicated in the submitted Tree Report. No habitat issues have been raised in respect of what is a large and, until recently, well maintained suburban garden. A bat survey and report indicates that there is no evidence of roosting bats being observed in the existing building though pipistrelles have been observed foraging in the garden. It is therefore concluded that the building on site does not support a bat roost. Given the transient nature of bats it is recommended that demolition be undertaken in a sensitive manner and, if bats are found during demolition, all works are to cease immediately and a European Protected Species Mitigation licence sought. No other ecology issues have been raised with regard to this site. Each dwelling would be provided with double garages as well as individual off street parking in the form of driveways constructed of permeable paving. Access to the highway would be via an existing access widened to 6 metres with drop kerb onto a common private driveway of some 24 metres in length. Internal dimensions of the integrated garages, at 6m x 6m, are a little below the recommended standards of Derby Council. However, all plots have at least a further 200% parking provision which, on balance, Highways DC consider provides satisfactory off street parking provision with adequate turning facilities. Such parking is well in excess of that minimum required in parking standard but in keeping with the level of off street parking likely to be required by 5 bedroom dwellings. The level of traffic likely to be generated would be consistent with dwellings within a suburban setting and capable of being accommodated by Old Hall Road without any discernible detriment to other road users or the residents of the street. A major Roman road has been identified some 270 metres to the south west of the site and this is scheduled as an Ancient Monument. There is therefore a clear potential for Roman or pre-historic archaeology to be present on this site and it is therefore recommended that the archaeological interest of the site shall be dealt with in accordance with guidance contained within NPPF (para.14) As such, conditions should be applied to any planning permission granted requiring a Written Scheme of Investigation for Archaeological Work to be prepared for the applicant by a competent and suitably qualified person and submitted to the LPA for its approval prior to any works being carried out. The proposal would provide for the re-use of an existing residential curtilage with a low density development of three dwellings of a design and satisfactory spatial relationship with its surroundings which would be in character with the residential close in which it is located and the residential amenities of adjacent dwellings as

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required by saved policies GD5 and H13 of the CDLPR. Mature trees on the front elevation and boundaries would be protected during development and retained to the benefit of the character of the development and amenities of neighbours in accordance with saved Policy E9. With conditions, satisfactory off street parking would be provided in accordance with the requirements of T4 and, a condition requiring the submission of a Written Scheme of Investigation for Archaeological Work would serve to protect any archaeology found on the site during the period of construction in compliance with saved policies E21. Overall, the proposal would provide for a satisfactory form of residential development in accordance with the saved policies of the CDLPR.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered against the Adopted City of Derby Local Plan Review Policies, the National Planning Policy Framework where appropriate and all other material considerations and as such, would provide for a satisfactory form of residential development in terms of its design, location and scale within an established residential area of the city.

11.3. Conditions: 1. The development hereby permitted shall be begun before the expiry of three years from the date of this permission. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: • Existing Site Plan, Drawing No. OHA/PL/01, received 11/05/2012 • Proposed Site Plan, Drawing OHA/PL/02, received 11/05/2012 • Plot 1, Plans and Elevations OHA/PL/03, received 11/05/2012 • Plot 2, Plans and Elevations OHA/PL/04, received 11/05/2012 • Plot 3, Plans and Elevations OHA/PL/05, received 11/05/2012 3. Notwithstanding the details of any external materials that may have been submitted with the application, details of all external materials shall be submitted to and be approved in writing by the Local Planning Authority before development is commenced. Any materials that may be agreed shall be used in the implementation of the development unless otherwise agreed in writing with the Local Planning Authority. 4. During the period of construction works all trees hedgerows and other vegetation to be retained, including any which are on adjoining land but which overhang the site, shall be protected in accordance with BS:5837:2005 ("Trees in relation to construction") and in accordance with the following requirements: • a scheme of protection shall be submitted to and agreed in writing before any development commences.

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Application No: DER/05/12/00574 Type: Full

• The date of the construction of such protection and its completion shall be notified in writing to and agreed in writing by the Local Planning Authority before any other site works commence. The agreed protection measures shall be retained in position at all times, with no use of or interference with the land contained within the protected zone, until completion of construction works, unless otherwise agreed in writing by the Local Planning Authority. 5. Development shall not become operational until the proposed amendments to the existing access have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. 6. No part of the development hereby permitted shall be brought into use until all parking/access areas are surfaced in a hard bound material (not loose gravel) for a minimum of 5 metres behind the Highway boundary. The surfaced parking/access areas shall then be maintained in such hard bound material for the life of the development. 7. No part of the development hereby permitted shall be brought into use until the access driveway and parking is constructed with provision to prevent the unregulated discharge of surface water from the driveway and parking to the public highway in accordance with details first submitted to and approved in writing by the Local Planning Authority. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development. 8. No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and • The programme and methodology of site investigation and recording • The programme for post investigation assessment • Provision to be made for analysis of the site investigation and recording • Provision to be made for publication and dissemination of the analysis and records of the site investigation • Provision to be made for archive deposition of the analysis and records of the site investigation • Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation.

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9. No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition 8. 10. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition 8 and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured 11. Standard garage condition 11.4. Reasons: 1. As required by Sections 91-92 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt. 3. To ensure a satisfactory external appearance of the development in the interests of visual amenity and in accordance with saved policies GD4, GD5 and H13 of the adopted City of Derby Local Plan Review. 4. To protect trees and other vegetation on and adjoining the site during the course of construction works in order to preserve the character and amenity of the area and in accordance with saved policies GD5 and E9 of the adopted City of Derby Local Plan Review. 5. In the interests of traffic safety and in accordance with saved policy T4 of the adopted City of Derby Local Plan Review. 6. In the interests of traffic safety and in accordance with saved policy T4 of the adopted City of Derby Local Plan Review. 7. In the interests of traffic safety and in accordance with saved policy T4 of the adopted City of Derby Local Plan Review. 8. In the interests of maintaining and preserving the archaeological heritage of the site in accordance with the requirements of saved Policy E21 of the adopted City of Derby Local Plan Review. 9. In the interests of maintaining and preserving the archaeological heritage of the site in accordance with the requirements of saved Policy E21 of the adopted City of Derby Local Plan Review. 10. In the interests of maintaining and preserving the archaeological heritage of the site in accordance with the requirements of saved Policy E21 of the adopted City of Derby Local Plan Review. 11. In the interests of amenity of adjoining residents …. Policy GD5 11.5. Informative Notes: 1. Condition No.5 requires the amendment of an access to the highway, which is land subject to the provisions of the Highway Act 1980 (as amended) over which you have no control. Please contact Highways

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Application No: DER/05/12/00574 Type: Full

Maintenance on 013332006981 for details of how this work can be undertaken. 2. Construction of Driveway – The proposed hard surfacing to the driveway shall be made of porous materials or provision should be made to direct run off water from the hard surface to a permeable or porous area within the curtilage of the dwelling house. This will be subject to the permeability of the existing ground. Further information can be found in the document ‘Guidance on permeable surfacing of front gardens’ dated October 2008 3. Protected Species - If evidence for the presence of bats or other protected species on the site is found during the demolition or construction process you are advised that all work should cease immediately and that a European Protected Species Mitigation Licence should be obtained from the Environment Agency. 11.6. Application timescale: The 8 week target date for determination expired 6th July and is brought to committee due to the number of objections.

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9m 5 7 77 Committee Report Item No: 9

Application No: DER/01/12/00048 Type: Full

1. Address: Land to the end of Roman Road, Chester Green (Former Banner Plant depot)

2. Proposal: Change of use of plant hire depot to self-storage container site (Use Class B8)

3. Description: This application relates to an industrial site at the eastern end of Roman Road in Chester Green. The site was previously in use as a plant hire premises and part of the land is currently in use as a scaffold storage yard. The land is largely hard surfaced with a group of two protected trees alongside the Roman Road boundary. The adjoining land to the north of the application site is in use as a bus depot. The site is enclosed by a steel palisade fence approximately 2 metres in height. The site lies just outside the Little Chester Conservation Area, which encompasses the terraced residential properties on Roman Road and neighbouring streets to the west of the site. The nearby residential area is characterised by Victorian terraced dwellings and new build flats and houses. To the east of the site is the mainline railway, with an industrial area on the opposite side of the rail line. The proposal is to change the use of the land to form self-storage premises, within the B8 Use Class. There is to be up to 25 metal containers positioned within the site to be used for storage purposes. They would each measure about 6 metres x 2.4 metres and 2.6 metres in height and be of steel construction, in either in green or blue. The site area has been enlarged during the life of the application, to accommodate access and egress for lorries and transit vans onto Roman Road. It is now proposed to access the site via the entrance to the adjacent premises, which is in use as a bus depot. Both sites are in the same land ownership and there is an existing gated access to the adjacent depot, which is capable of serving the proposed B8 use. Seven parking bays are proposed around the site, as well as a cycle shelter.

4. Relevant Planning History: None relevant.

5. Implications of Proposal: 5.1. Economic: The proposal is envisaged to be a self-storage facility, for use of customers for their own storage requirements. There does not appear to be any staff proposed on site. 5.2. Design and Community Safety: The proposed use would require siting of steel containers on the site, which are of limited visual merit, although it is an existing industrial site, enclosed by palisade fencing. The design and layout of the proposal would be partially screened by the existing boundary fencing and have limited impact on the visual amenities of the surrounding streetscene. There are unlikely to be any adverse community safety implications from the proposed use.

78 Committee Report Item No: 9

Application No: DER/01/12/00048 Type: Full

5.3. Highways – Development Control: This application seeks approval for a change of use to Use Class B8 for a site at the end of Roman Road which is an unclassified road, maintainable at public expense and is not subject to any parking restrictions. There have been various issues from a highway point of view and much discussion has resulted. The main concern was accessibility to the site. This site had been divided and new gates had been erected adjacent to the original access. It was initially proved that the intended delivery vehicle of the containers would be unable to manoeuvre from the highway into the site and consequently the site boundary has been increased to allow manoeuvring space for this vehicle. It has been stated that the site will be filled from the furthest point and after the site has been completely filled it is anticipated that the largest vehicle to access the site is likely to be the size of a transit style van therefore the more recent access would be suitable for the purpose intended. The access arrangements are now satisfactory. A B8 use would require a lesser parking provision than the existing B2 usage and the applicant states that there are 5 standard car parking spaces, one space for LGV, and one disabled space and an area for the storage of 2 no. cycles. A LGV and a disabled space would require larger dimensions than shown on the drawing but could be accommodated within the site. The applicant would be required to provide a covered and secure cycle storage facility. Highways – Land Drainage: The proposal does not represent an increase in flood risk but it would be advisable for the applicant to inform clients of the potential for flooding in the area and registering for flood warning alerts. 5.4. Disabled People's Access: The site would be accessible and parking provision within the site is considered acceptable for use by disabled people. 5.5. Other Environmental: Two mature Poplar trees on the western edge of the site are covered by a Tree Preservation Order. They are significant trees in terms of public amenity value and are to be retained under this proposal.

6. Publicity:

Neighbour Notification Letter 19 Site Notice Yes Statutory Press Advert and Discretionary Press Advert

Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

79 Committee Report Item No: 9

Application No: DER/01/12/00048 Type: Full

7. Representations: Seven objections have been received to the proposed use, including two to the revised site layout plan. These raise the following issues: • Increased traffic, including heavy goods vehicles along Roman Road causing disturbance to residents • Heavy vehicles encroaching onto the footway • Noise and congestion from additional traffic in residential street • The use is inappropriate in the conservation area • There is already a bus depot and scaffolding premises alongside the site. • Containers will be an eyesore. Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Derbyshire County Council Archaeologist: The site is within an Archaeological Alert Area. The proposals would not involve significant ground works and will therefore no significant ground works and will therefore have no impact on buried archaeology within the site. 8.2. Environment Agency: No objections to proposal subject to details of revised Flood Risk Assessment being implemented. This should be secured by relevant planning conditions. 8.3. Network Rail: No objections in principle, subject to following: • Security of boundary with rail land needs to be maintained at all times. • Where new lighting is to be erected adjacent to railway potential for dazzling train drivers must be eliminated. Details of any external lighting should be conditioned. • Access routes to any part of rail land shall be kept open at all times. • Storage units should not be stacked against boundary with rail land, to avoid risk of toppling and breaching boundary. Concerns about potential dust and rubbish created from processing at site affecting railway signal sighting.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD2 Protection of the environment GD3 Flood Protection GD4 Design and the Urban Environment GD5 Amenity EP11 Development in existing business and industrial areas EP13 Business and Industrial development in other areas E9 Trees

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Application No: DER/01/12/00048 Type: Full

E18 Conservation Areas E21 Archaeology E23 Design E24 Community Safety T4 Access, parking and servicing T10 Access for disabled people The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: Permission is sought for a change of use of a former plant hire premises to a self- storage depot, which is an existing industrial location, at the end of Roman Road. Roman Road is primarily a residential street, of high density terraced housing, with a long established employment site at the end of the turning head. Most of the site is not an allocated employment area, under Policy EP11, except for access to the northern end. Historically the site was part of the Banner Plant depot, which occupied a larger site alongside the railway. The proposed self-storage use is considered to fall within the B8 Use Class, an employment use, which is normally appropriate in existing industrial and business locations, subject to no significant harm to the amenities of nearby residential properties, under Policy EP13. In term of impacts on residential amenity, the proposal would involve siting of 25 containers within the site for customers to use for their own storage requirements. It is an anticipated that most visits to the premises would be via transit van or private car, although there would be limited number of heavy goods vehicle trips to the site. I am mindful that the site has an established use for an employment use, which would previously have involved trips by lorries and heavy goods vehicles. I acknowledge the concerns expressed by residents that the traffic generation and large vehicles using Roman Road would cause disturbance and unacceptable noise for local residents. However, since the established use of the site and the adjacent premises are for industrial/ business operations, there are already existing heavy goods vehicle movements along Roman Road. The proposed use is not likely to increase the amount of heavy goods traffic in the local area, more than the levels, which could operate under the permitted employment uses. As such, I am satisfied that the amenities of nearby residential properties would not be unreasonably affected by disturbance from vehicle movements in Roman Road. The proposed B8 use is also unlikely to have any greater impact on the living environment of nearby properties than the previous plant hire use on the site. The provisions of Policy GD5 would therefore be satisfactorily met. The site lies adjacent to the Little Chester Conservation Area, covering residential properties on Roman Road, although the visual impact of the proposed containers within the site is unlikely to be detrimental to the setting of the nearby heritage asset. The containers have limited design merit, but they would screened from the surrounding streetscene by the palisade fence on the boundary and are no worse in appearance than the plant and equipment which would have occupied the site, under

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the previous permitted use. The proposed B8 use would therefore have a minimal effect on the appearance and character of the conservation area and the local streetscene, in line with Policies E18, E23 and GD4. The site is within Flood Zone 3 and therefore at a high risk of flooding in a 1:100 year flood event. A satisfactory Flood Risk Assessment has been submitted and flood mitigation measures have been agreed with the Environment Agency. The Council’s Land Drainage team are also satisfied that the use would not increase flood risk in the local area. As such, I consider that the proposed use would not result in unacceptable flood risk, in line with the provisions of Policy GD3. Access to the proposed storage use would be via an existing entrance to the adjoining bus depot, which is in the same ownership as the application site. This allows for turning and manoeuvring of the stated size of delivery vehicle within the site and servicing of the containers, without conflicting with use of the highway. The Highways Officer is satisfied that the proposed access arrangements for deliveries to the site are feasible and would not cause detriment to highway safety. The parking provision would be appropriate for the nature of the proposed use and the location of parking bays is acceptable, subject to provision of disabled bay and goods vehicle parking space. The parking layout can be secured by condition and overall the parking and access arrangements accord with Policies T4 and T10. The two protected Poplar trees alongside the site boundary should not be adversely affected by the proposed use and siting of the containers, since no ground works are required to implement the proposal. The trees already have hard surfacing within their root protection areas, which is available for parking of vehicles. I am satisfied that parking bays proposed close to the trees would not cause detriment to their health and condition. The siting of a cycle shelter close to the trees would be secured by condition to ensure minimal impact on the tree roots. Overall I am satisfied that the protected trees would not be harmed by the proposal, subject to tree protection measures being implemented before the use commences, in line with Policies GD2 and E9.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered against the adopted City of Derby Local Plan Review policies set out in 9 above, the policies in the National Planning Policy Framework and all other material considerations. The proposed commercial use would be appropriate in this location, on an existing industrial site and would not detract from the character and appearance of the conservation area and have no adverse highway safety implications. 11.3. Conditions: 1. Standard condition 03 (time limit) 2. Standard condition 100 (approved plans – amended site layout submitted 31 May 2012 and specification of container submitted 17 January 2012 ) 3. No part of the development hereby permitted shall be brought into use until the parking areas are provided with the parking bays clearly

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delineated in accordance with plans to be first submitted to and approved in writing by the Local Planning Authority The parking areas shall be maintained for the life of the development and shall not ultimately be used for any purpose other than the parking, loading and unloading of vehicles 4. Standard condition 24 (tree protection measures) 5. The use hereby permitted shall not commence until provision has been made within the application site for parking of cycles in accordance with details submitted to and approved in writing by the Local Planning Authority. The cycle stands shall be covered, located near to the main entrance to the site, shall not cause harm to the protected trees and that area shall not thereafter be used for any purpose other than the parking of cycles. 6. Any external lighting to be installed within the site shall only be implemented in accordance with details of siting, design and illumination to be previously submitted and agreed in writing by the Local Planning Authority. 7. The use hereby permitted shall be carried out in accordance with the revised Flood Risk Assessment (FRA) 30-03-12/ Peter Mcrea/Innes- England and the following mitigation measures details within the FRA: a) The number of storage containers on the site shall not exceed 25, as detailed in Section 6.3 b) The containers are to be raised off ground level by installing them on top of sleepers, as detailed in Section 6.4 These mitigation measures shall be implemented before the permitted use is brought into operation. 8. The 25 containers shall not be double-stacked but shall remain single storey at all times. 11.4. Reasons: 1. Standard reason E56 2. Standard reason E04 3. To ensure the provision of appropriate parking within the site, including for transit vans and disabled people in the interests in highway safety and in accordance with Policy T4. 4. Standard reason E24 - Policy E9 5. Standard reason E35 – Policy T4 6. To safeguard the public safety of the nearby railway corridor and in accordance with Policy E24. 7. To reduce the risk of flooding for users of the site and the surrounding area and in accordance with Policy GD3. 8. In the interests of visual and residential amenity…policy GD5 and E23

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11.5. Application timescale: The target for determination of the application was on the 16 March 2012 and is brought to committee due to the number of objections.

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Crown copyright and database1 to 18 rights 2012 9 84 1 45 39 86 Ordnance Survey 100024913 88 5 1 1 1 9 85 Committee Report Item No: 10

Application No: DER/04/12/00459 Type: Full

1. Address: 86 Francis Street and 4 Beaufort Street, Derby.

2. Proposal: Extension to shop (kitchen), change of use of ground floor from residential (Use Class C3) to retail (Use Class A1) to form extension to existing shop and change of use of first floor to Hairdressers (Use Class A1). Alterations to elevations.

3. Description: The site encompasses two buildings, one fronting Francis Street and the other Beaufort Street. This application relates to an existing retail property (4 Beaufort Street) located within a residential area on the corner of Francis Street and Beaufort Street. Currently 86 Francis Street is a residential property. Number 4 Beaufort Street is currently a single storey retail property. Within the surrounding area there are predominately residential terrace properties. The existing retail property is well established as a newsagents and off-licence shop. A similar proposal was previously approved in 2006 (DER/06/06/00949) for the first floor use to be a residential flat. Both properties front onto the highway and have no off road car parking spaces. Number1 and 2 Beaufort Street are currently A1 and A2 uses. Number 3 Beaufort Street is currently a hairdressers.

4. Relevant Planning History: DER/06/06/00949 Planning permission was granted on 8th December 2006 for the change of use from residential to retail (use class A1) and extension (sales area and store) with flat above at 86 Francis Street and 4 Beaufort Street, Derby.

5. Implications of Proposal: 5.1. Economic: The proposal would increase the floor space of the existing corner shop. 5.2. Design and Community Safety: The extension to the retail premises and the installation of the extended new shop front and main entrance to the hairdressers will not be detrimental to the character of the street scene and would help the rather functional flat roofed shop integrate with the existing terrace. The external appearance of the gable will not be greatly altered by the insertion of two windows to the side elevation at first floor floor. 5.3. Highways – Development Control: The application site is located at the junction of Francis Street and Beaufort Street and can be accessed via both. There are on street restrictions adjacent to the site, double yellow lines which also protect the junction, and a limited waiting bay on Beaufort Street. The applicant has proposed to extend the existing retail unit at 4 Beaufort Street into the ground floor of 86 Francis Street which had a previous permission DER/06/06/00949. The current application will also include a rear extension for a kitchen, and on the first floor of 86 Francis Street, the applicant has proposed to create a hair dressing salon.

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After speaking to colleagues within Parking Services and Traffic Management, it has been noted that whilst there appears to be on street parking demand for Francis Street, due to the nature of the development it is not considered that it would have significant highway implications as there are on street parking opportunities within the area. No significant highway implications, and in view of this, no objections. 5.4. Disabled People's Access: There is an existing level access into the retail premises; however the hairdressers is located on the first floor using a staircase for access.

6. Publicity:

Neighbour Notification Letter 12 Site Notice Yes Statutory Press Advert and Discretionary Press Advert - - Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: Five letters of objection have been received. The main points of objection are: • Current lack of parking on road would increase and increase congestion. • The noise levels would increase to the detriment of residential amenity. • There would be food odours from the cooking of food • The increase of the shop use may encourage vermin. • The change of use may cause disturbances to the local bus services and residents. In addition Councillor Rawson supports the application as it will mean improved grocery shopping facilities for local people, and makes the following points: • Highways are currently applying for an order to reduce the length of double yellow lines on Francis Street creating additional parking spaces • I would expect the impact of increased noise to be minimal • There are no plans as far as I can see to cook food on the premises, so no issue with odours • Taking an empty property back in to use is likely to reduce the risk of vermin • There is no impact on bus services as far as I can see. Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

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8. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD4 Design and the Urban Environment GD5 Amenity S2 Retail Location Criteria S3 District and Neighbourhood Centres S6 Extensions to Small Shops E23 Design The recent NPPF which replaces all PPG and PPS guidance is a material consideration in this proposal. The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

9. Officer Opinion: The site of the proposal straddles the boundary of a Neighbourhood Centre, 4 Beaufort Street being within the centre. The change of use of the ground floor of 86 Francis Street to form an extension to the neighbouring shop is directly comparable to a previous application from 2006, for which permission was granted. The proposal is unusual, and possibly unique, in that it is for an extension to a retail unit in a Neighbourhood Centre where the extension is outside the Centre. Policy S6, although specifically dealing with small shops outside centres, refers to the proposal not undermining the vitality and viability of centres in the shopping hierarchy. The proposed extension would not undermine the centre’s vitality and viability; it is more likely to improve it by strengthening the trading position of an existing unit. The extension of the retail unit into 86 Francis Street is in line with the intentions of retail policy. The proposed hairdressers, whilst being above the proposed extension, are a separate unit that is outside the Neighbourhood Centre and which has an independent access. Policy S2 requires that a sequential approach be demonstrated to site selection with locations within centres being first preference and edge-of- centre sites being second preference. As the hairdressers is part of the same application as an extension to a unit within the Centre, requiring a sequential approach to site selection would be unlikely to have any particular advantage, bearing in mind that it is most definitely edge-of-centre. I am satisfied that there would not be any adverse effects on residential amenity, and as such there are no policy objections to the principle of the proposal. Residential amenity The application site is positioned in close proximity to mostly dense terraced residential housing. Indeed, this nearby housing is the population catchment the proposed extended store primarily intends to serve. Immediately adjacent to the site to the west is residential property number 84 Francis Street and, number 83 Francis Street to the north of the site faces the principle elevations of the proposal site; the perceptible impact upon their residential amenities would not be unacceptable, given the current operation of the site.

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The objections from nearby residents are noted but in terms of material harm the potential disturbance from delivery vehicles, due to the scale of shop floor increase, would not be significantly different. On balance, there would not be significant adverse impacts upon the amenities of residents living nearby due to any potential increase in the number of deliveries to the store. Potential noise and disturbance from the extended shop is unlikely. The existing entrance is to remain on Beaufort Street. However I do feel that, by condition, a scheme of noise mitigation to the party wall would be a reasonable adjustment to ensure the new business use in the end terrace property doesn’t unreasonable affect the amenities of the adjoining dwelling. It is considered that the proposal would result in a satisfactory form of change of use that is acceptable in terms of its policy implications, design, and implications for residential amenity. For the reasons given above, a recommendation to grant planning permission is given.

10. Recommended decision and summary of reasons: 10.1. To grant planning permission with conditions. 10.2. Summary of reasons: The proposal has been considered against the Adopted City of Derby Local Plan policies set out in (9) above, the NPPF where appropriate, and all other material considerations. The proposal would also result in a satisfactory form of commercial development that is acceptable in terms of design, implications for residential amenity, and highway safety, both to the Francis Street and Beaufort Street frontages. 10.3. Conditions: 1. Standard condition 02 (time limit) 2. Standard condition 100 (approved plans 10027-PL-205 and 10027-PL- 206) 3. provision of waste and recycling facilities 4. provision of sound insulation scheme to party wall 10.4. Reasons: 1. Standard reason E04 (time limit reasons) 2. Standard reason (for the avoidance) 3. Standard reason E08 (preserve residential amenities) of policy GD5. 4. Standard reason E08 (preserve residential amenities) of policy GD5. 10.5. Application timescale: The 8 week decision target date expired 11 June 2012 and is brought to committee given the number of objections received.

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90 Committee Report Item No: 11

Application No: DER/04/12/00500 Type: Full

1. Address: Office units, Pullman Business Park, Orient Way, Pride Park, Derby

2. Proposal: Change of use from offices (Use Class B1) to non-residential institution (Use Class D1).

3. Description: The property to which the application relates was granted planning permission in June 2011 under application reference DER/03/11/00366. The building is a two- storey detached structure, of a contemporary design, with a brick facade and hipped tiled roof. It is accessed via Orient Way and is located on the southern edge of Pride Park. There are a mixture of uses within the surrounding area which include; car sales, public houses, restaurants and fitness facilities and there are also a limited number of education/training uses within Pride Park. However the locality is predominately comprised of B1 Office units. To the south the site abuts the railway line and associated rail depot. At present the application property has planning permission to be used as two separate office units within use class B1. The building itself is substantially complete, although the proposed parking and other infrastructure associated with the building are yet to be installed. Permission is sought to change the use of the building from offices to an Alternative Provision Free School (Derby Pride Academy) for students between 11 to 16 years of age. Derby Pride Academy is a joint venture between Derby Moor Community Sports College and Derby County Football Club, as part of Derby Pride Trust. The proposal is based on the Government’s Free School initiative. The aim of Derby Pride Academy is to provide an alternative location for young people who are unable to attend a mainstream or special school, for a variety of reasons, and ensure that these young people can have an accredited education. Derby Pride Academy would offer 50 full time student placements, with 13 permanent staff members and 4-5 visiting staff. It is intended that the Academy would have very strong links with Derby County Football club to provide opportunities and role models for students. The facility hopes to use the ‘power of football’, and other sports, to improve attainment, behaviour, attendance, self-esteem and confidence. Students would utilise facilities at Derby County’s Stadium and the DW Sports and Fitness club on Pride Park. The Academy would deliver a variety of educational options including GCSE’s, vocational courses, alternative qualifications and practical skills. Links with local firms, such as Rolls Royce and Bombardier, would also be used to deliver science, maths and design technology elements to the curriculum. The school building itself would provide teaching spaces, seminar rooms, science labs and an art studio. A first floor fitness space and changing rooms are also proposed, along with a central social space within the core of the ground floor area. Changes to the layout of the building from that approved under the earlier office scheme would be required to facilitate the use. Re-configuration of the external space would also be required to allow for the creation of a social ‘break-out space’ and hard court area to the north-east of the main building. The proposal would provide 14 off- street parking spaces (including one disabled parking space) together with secure cycle parking. External alterations to the building would be fairly minor involving the creation of two new doors on the northern (front) elevation of the building.

91 Committee Report Item No: 11

Application No: DER/04/12/00500 Type: Full

4. Relevant Planning History: DER/09/05/01555 – Construction of access roads, Plot 9D - Granted - November 2006 DER/02/08/00245 – Construction of access roads (amendment to previously approved DER/09/05/01555) Plot 9D - Granted - July 2008 DER/03/11/00366 – Erection of offices – Granted – June 2011

5. Implications of Proposal: 5.1. Economic: Whilst the proposal is located within an area which is allocated for business and industrial uses, it is considered that the proposal would not lead to a deficiency in the supply of employment land within the City. The proposal would employ 13 permanent staff members with 4-5 visiting staff. 5.2. Design and Community Safety: The external alterations to the building to facilitate the change of use would be fairly minimal and would have little impact upon the character of the area. The provision of suitable landscaping and boundary treatment can be controlled through condition. It is considered that the proposal would not result in any adverse community safety issues. 5.3. Highways – Development Control: The proposal reduces the parking provision from the approved 20 no. off street parking spaces, including 2 disabled spaces to 14 spaces to include 1 disabled space which is slightly above Derby City Council’s parking standards for a D1 usage, but is acceptable in this case because the provision will also allow for operational and servicing requirements. The applicant has proposed cycle storage which is welcomed; however Derby City Council favours Sheffield style Cycle hoops and requires them to be in a covered and secure storage facility. The position of the of the cycle storage on the submitted drawing would interfere with vehicle manoeuvring out of the parking spaces fronting the building and should be repositioned. The site originally offered motorcycle provision which would be welcomed in this instance. The site is in proximity to a reasonably regular bus service (every 15 minutes through the day) and is within walking distance of the city centre. The applicant has also stated that the lessee of the building will be informed that a green travel plan will be required to be prepared and maintained upon taking possession of the building, which is welcomed. 5.4. Disabled People's Access: The building itself had been designed to meet current Part M Building Regulations and comply with the Disability Discrimination Act with a level access threshold and lift to allow access to both floors. A wheelchair accessible platform lift is proposed to comply with DDA requirements. One disabled parking space would be provided. 5.5. Other Environmental: Remediation of this previously contaminated site has already been undertaken.

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Application No: DER/04/12/00500 Type: Full

6. Publicity:

Neighbour Notification Letter 6 Site Notice Yes Statutory Press Advert and Discretionary Press Advert - - Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: The application has attracted 4 letters/emails of objection. The issues raised are summarised below: • The proposed change of use is contrary to planning policy for this zone of Pride Park as it is reserved for high quality office and industrial uses only. • There is inadequate access and on-site car parking • There is inadequate space for 50 children to play • Use of outdoor space will cause noise and disturbance to local offices and businesses • The proposal will exacerbate access and parking problems within the locality • The proposed school use is at odds with the surrounding office and light industrial uses • There will be a reduction in the employment potential of the building The following issues are not material planning considerations: • Adverse impact on commercial values and asset investment within the locality Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Health and Safety Executive (Hazardous Installations Directorate) : Does not advise, on safety grounds, against the granting of planning permission in this case 8.2. Economic Development and Regeneration Projects The introduction of a non B1 use into these two units has the potential to reduce the commercial attractiveness of this part of Pride Park, largely because of the level and type of activity associated with this type of use. A number of non B1 uses have also been allowed since the establishment of Pride Park, some of which contribute positively to the attractiveness of the commercial area, and it would need to be established whether a critical limit has been reached.

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Application No: DER/04/12/00500 Type: Full

The development of Pride Park has provided a valued provision of commercial office space but this has had a negative impact on the commercial office market in the City Centre. The Council and its partners’ are placing increasing emphasis upon encouraging new office floorspace developments within the City Centre rather than at locations like this. However, in view of the size of the units involved it is considered unlikely that the proposal would have a material impact on either of these concerns

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD1 Social Inclusion GD3 Flood Protection GD4 Design and the Urban Environment GD5 Amenity EP3 Pride Park EP12 Alternative Uses of Proposed Business and Industrial Areas E23 Design LE1 Education Uses T4 Access, Parking and Servicing T10 Access for Disabled People T6 Provision for Pedestrians T7 Provision for Cyclists E17 Landscaping Schemes The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: Free Schools are all-ability state-funded schools set up in response to what local people say they want and need in order to improve education for children in their community. The Government are committed to the delivery of Free School’s and consider that a pro-active approach should be taken with a “presumption in favour of sustainable development of state-funded schools” and that this principle should “apply with immediate effect” (Statement by the Secretary of State: Planning for Schools Development, dated 15th August 2011). The National Planning Policy Framework (NPPF) reiterates this sentiment. It states that the Government attaches great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. It requires Local Planning Authorities to take a pro-active, positive and collaborative approach to meeting requirements to help widen choice in education and requires Local Planning Authorities to give great weight to the need to create new schools. This proposal is for a specialist facility with a wide catchment area and, accordingly, the proposed change of use clearly fits in with the national agenda with regards to the widening of choice in education. In this respect the proposal would be in line with the intensions of the National Planning Policy Framework.

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Application No: DER/04/12/00500 Type: Full

Land Use Policy Issues: The application site is located on Pride Park where Local Plan Policy EP3a restricts development to the extension of existing uses and new business, industry and storage and distribution uses. Within this area Policy EP12 does allow for alternative uses on allocated sites, ‘provided that the proposal would not lead to a deficiency in the supply of employment land, would not be incompatible with established employment activity and would not decrease the development potential of nearby land identified for business and industrial use’. The Policy also states that regard will be had to the employment generating potential of the alternative use. Proposals for education and training uses are allowed for by Policy LE1, provided that it is well related to the public transport network and that it wouldn’t lead to highway or traffic problems; a strategy is drawn up to encourage use of transport modes other than the private car and the proposal is in keeping with the general scale, character and levels of activity of the surrounding area. Given the modest scale of the application site it is unlikely that the proposal would have an adverse effect on the supply of employment land, in fact supporting information prepared by Jones Land LaSalle on behalf of the applicant demonstrates that there is around a 5 year supply of city centre office accommodation and around a 2 year supply out of centre office accommodation. Nor do I consider the proposal would decrease the development potential of nearby land identified for business and industrial use. I raise no planning policy objections in this respect. Due to the nature of Pride Park, the proposal is generally considered to be in keeping with the general scale, character and levels of activity of the surrounding area, however, issues with regards to traffic and amenity are discussed in more detail below. Whilst objections have been raised which state that this would reduce the employment potential of the building, it should be noted that the proposal would employ 13 full time staff. This issue also has to be weighed up against the positive benefits of the proposed education facility in terms widening educational choice within the City. Highways Issues/Access and Parking: Initially, when considering the highway/traffic implications of the proposal, it is important to note that the proposed Academy would not take children from a defined catchment area. Students attending the Derby Pride Academy would come from across the whole City and therefore a central position which is well served by public transport is the best location. Moreover the proposed links with Derby County Football Club and the shared use of facilities at the Club’s ground mean that a site close to the stadium is preferable, and more sustainable, as students are within walking distance. The submitted details suggest that staff would be expected to drive to and from work, and use public transport, and students would predominantly be expected to use public transport. Some students would be picked up and dropped off in the morning from home by the Academy mini bus. But it is anticipated that there would be no more than two journeys made by mini buses in the morning and evening. Provision of a dedicated off-street parking space for the mini bus can be controlled through condition. A number of objections have been raised with regards to the level of off-street car parking proposed and impact this may have on congestion/on street parking within the locality. Orient Way itself is subject to parking restrictions (double yellow line) and

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whilst I have noted that there are problems with on-street parking within other areas of the Business Park, I feel it would be difficult to resist the proposal on the ground of insufficient parking. The proposal would provide 14 off-street car parking spaces, with one disabled space, compared to 20 approved for use with the office development. Whilst this would see a reduction in overall proposed parking levels within the site, the proposal would comply with Local Plan parking standards which requires the provision of ‘one car space per two members of staff normally on duty’. In fact there would be 14 spaces serving 13 permanent staff members, which is actually slightly above Derby City Council’s parking standards for a D1 usage. In addition to this, the site is located within a fairly central location in the City and is within close proximity to a reasonably regular bus service (every 15 minutes through the day). It is also within walking distance of the city centre and railway station. Provision and implementation of a green travel plan for occupiers of the building can be controlled through condition to encourage the use of more sustainable means of transport. Further details of cycle storage can also be conditioned to ensure to that they would not interfere with vehicle manoeuvring out of the parking spaces fronting the building. This is not a large scale educational facility and it is located within a sustainable location, which is well related to the public transport network. The proposal would comply with the City Council’s parking standards for D1 uses and approval and implementation of a travel plan by employees would encourage the use of more sustainable means of transport. Overall, I consider that the proposal reasonably meets the requirements of saved policies T4, T6, T7 and LE1 of the City of Derby Local Plan Review in this respect. Amenity issues: The proposal would accommodate a maximum of 50 students at any one time. The introduction of additional students over and above this level can be controlled through a restrictive planning condition, although given the limited size of the building it is unlikely that excessive numbers of students could be accommodated on the site. Ordinary operational hours for students would be between 8:45am and 2:45pm, with additional hours beyond this time to allow for flexibility of curriculum enrichment with small numbers of students. The staffing ratio within the Academy would be 4 students to 1 staff member and student entry and exit from the Academy would be supervised by a number of staff on Orient Way and Pride Park Way. Students walking between the site and sporting facilities elsewhere on Pride Park would also be supervised by staff at a ratio of 1 staff member to 4 students. Given the limited numbers of students, the proposed ratio of staff to students and levels of supervision envisaged, I do not consider the proposal would have any significant adverse impact on neighbours in terms of comings and goings from the site. Whilst I do have some reservations about the use of the proposed hard court area and the close proximity to neighbouring units, further information has been submitted as part of the application which suggests that students would be closely monitored and use of this space would be restricted. There is a large social space inside the building intentionally designed to accommodate a group of dinning students and, other than at lunch time, the external space is not considered a key curriculum delivery area or that this will be a regular timetabled space. Students would be housed inside the building during the day and the outside space may be

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used by a small number of students at lunchtime for a duration of 30 minutes for each student group. Lunch would be delivered separately to two groups of students. Sporting activities outside the academy would take place with partners Derby County in the Community, at the stadium and at the DW Sports and Fitness Club on Pride Park. It is not envisaged that the outside space on-site would not be use as a formal sports pitch or court and use of this area as a formally laid out pitch/court can be restricted through a suitably planning condition, given the close proximity of neighbouring units. It is also recommended that a ‘management plan’ is drawn up to ensure that any impact upon neighbouring commercial properties is kept to a minimum and suitable acoustic fencing is installed around the hard court area, where required. Submission and implementation of such details can be controlled through condition. Overall, whilst I do have some reservations about the impact of proposed outside break-out areas, in terms of noise and disturbance on neighbouring properties, suitable management of these areas, together with appropriate boundary treatment would assist in minimising any impact. I have also taken into consideration the limited numbers of students which the facility can accommodate and, on balance, I feel that it would be acceptable in terms of its impact upon adjacent commercial units. The proposal would reasonably meet the requirements of Local Plan Policy GD5 and LE1 in this respect. Other Issues: A condition is recommended to ensure that the use is limited to ‘education and training’ within the D1 use class in order to ensure that the building could not be changed to a church, day nursery etc. without applying for permission, as these uses are considered to have a different function and impact which would require further consideration. Details of waste management within the site are considered to be acceptable, as bin storage is positioned approximately 22m from the private access road. Conclusion: This is a finely balanced case and there are some concerns, particularly with regards to amenity and the impact upon neighbouring uses. However, Government guidance makes it clear that there is a presumption in favour of sustainable development of state-funded schools and any issues need to be assessed against the positive impact of the proposal in terms of widening the choice of education within the City. This is a commercial area and, subject to compliance with the attached conditions, I feel that any impact could be minimised to ensure that the proposal is in keeping with the general scale, character and levels of activity of the surrounding area. There is no evidence which would lead me to believe the proposal would have a detrimental effect on the employment land supply within the City, nor do I consider that the proposal would decrease the development potential of nearby land identified for business and industrial use. The application site is well served by public transport, would comply with adopted parking standards and, as such, it is considered that the proposal would not have a significant adverse effect on local roads and the highway network. On balance, it is considered that the proposals would generally comply with Local Plan Policies listed above and the provisions of the National Planning Policy Framework and a grant of planning permission is recommended.

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11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal is considered to be acceptable with regard to the above Local Plan policies and the guidance contained within the National Planning Policy Framework. The proposed use is not deemed to have a detrimental effect on the employment land supply within the City, nor is it considered that it would unacceptably decrease the development potential of nearby land identified for business and industrial use. The facility would provide a valuable educational establishment within the City and would be acceptable in terms of its impact character and appearance of the locality. Subject to appropriate planning conditions, the proposal can be accommodated on the site without detriment to the local roads and the highway network, and without having a significantly adverse impact upon the amenities of neighbouring occupiers. 11.3. Conditions: 1. Standard 3 year time limit condition 2. Approved plan references condition 3. Condition requiring details of external materials to be submitted 4. Condition requiring revised details of cycle parking and implementation of the approved details 5. Condition requiring the implementation of an approved parking layout, to include a dedicated mini bus space 6. Condition requiring submission of a landscaping scheme for the site 7. Condition requiring the implementation of the approved landscaping scheme within 12 months of completion of development, or the first planting season. 8. Condition requiring the submission of a Green Travel Plan within 12 months of occupation of building and implementation of the approved Plan 9. Condition requiring the submission and implementation of boundary treatment details 10. Condition restricting the use of the building to education and training within use class D1 11. Condition removing permitted development rights for educational establishments 12. Condition restricting the number of students to no more than 50 13. Condition requiring the ‘hard court space’ not to be formally laid out as a pitch or court 14. Condition requiring submission and implementation of a Management Plan for the outside break out space and hard court.

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11.4. Reasons: 1. Standard reason for time limit 2. For the avoidance of doubt 3. To safeguard visual amenities…….policies GD4 and E23 4. To encourage and provide for a varied means to transport to the site and in the interests of environmental amenity…..policy T7 5. In the interests of traffic safety……policy T4 6. To safeguard and enhance the visual amenities of the area…policy E17 7. To safeguard and enhance the visual amenities of the area…policy E17 8. In the interests of reducing the unnecessary use of the private car…policies T4, T6 and T7 9. To safeguard visual amenities…….policies GD4 and E23 10. To allow the Local Planning Authority to exercise control of the type of use within category D1 and assess any future changes of use. In the interests of traffic safety and amenity…..policies T4 and GD5 11. To allow the Local Planning Authority to exercise control over the number of students and assess any future changes in student numbers. In the interests of traffic safety and amenity…..policies T4 and GD5 12. To allow the Local Planning Authority to exercise control over any future extensions to the school and ensure they do not affect the amenity of neighbours or impact upon off-street parking …..policies T4 and GD5 13. In the interests of the amenity of neighbouring units…policy GD5 14. In the interests of the amenity of neighbouring units…policy GD5 11.5. Informative Notes: None 11.6. S106 requirements where appropriate: None required 11.7. Application timescale: The 8 week target timescale for determination of the application was the 6 July 2012.

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100 Committee Report Item No: 12

Application No: DER/04/12/00427 Type: Full

1. Address: 14 Arlington Road.

2. Proposal: Removal of dormer and installation of gabled roof extension.

3. Description: Planning permission is sought to remove an existing unauthorised dormer extension on the side, south-west facing, roof plane of this detached residential property and install a slightly larger extension that, for the purposes of this application, has been termed a ‘gabled roof’ extension. The proposal would enlarge the existing dormer extension by extending flush up to the side elevation of the existing dwelling. The design breaks through the existing eaves line of the dwelling and the roof of the proposal includes a hipped roof with fascia boards and side guttering. The proposal also includes a side facing fixed and obscure glazed window. The application property is a two storey detached dwelling house which is located on the south side of Arlington Road within a fairly conventional residential street-scene. The property has been altered and extended over recent years and photographs showing the property in its current form will be available at the meeting. Some members may recall this site and the applications, listed in part 4, which relate to it. A report was considered at the meeting in December 2010 in relation to an application for extensions and alterations under application code no. DER/06/10/00788. Some members have also visited the site on a formal member’s site visit. The site history detailed below is quite extensive and the crux of this application is how the design of the proposal seeks to address issues that were central to the application and appeal decision under application code no. DER/06/10/00788. A web-link to that application is included directly below for member’s reference. http://eplanning.derby.gov.uk/acolnet/planningpages02/acolnetcgi.gov?ACTION=UN WRAP&RIPNAME=Root.PgeResultDetail&TheSystemkey=89985

4. Relevant Planning History: 1) DER/11/08/01611 – extensions to dwelling house (study, w.c., lounge, breakfast room, kitchen, conservatory, 2 bedrooms with en-suite, bathroom and enlargement of bedroom) and formation of room in roof space (playroom) – permission refused on 9 January 2009. 2) DER/02/09/00154 – extension to dwelling house (study, w.c., lounge, breakfast room, kitchen, conservatory, 2 bedrooms with en-suite, bathroom and enlargement of bedroom) and formation of room in roof space (playroom) - permission granted with conditions on 18 June 2009. 3) DER/09/09/01148 – extensions to dwelling house (breakfast room, conservatory, kitchen, lounge, 2 bedrooms, and 2 en-suite bathrooms) and formation of room in roof space (playroom) – permission granted with conditions on 13 January 2010. 4) DER/06/10/00788 - extensions to dwelling house (breakfast room, conservatory, kitchen, lounge, 2 bedrooms and 2 en-suite bathrooms) and formation of room in roof space (playroom) – amendment to previously approved planning application code no. DER/09/09/01148 – permission granted with a condition excluding the retention of

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the dormer extension. An appeal was lodged against that condition and the written representations appeal was dismissed on 15 April 2011. 5) DER/09/11/01149 – erection of boundary wall and gates and formation of raised patio area – application pending, awaiting further information. This application may be reported to the August meeting.

5. Implications of Proposal: 5.1. Design and Community Safety: The design of the proposal needs to be carefully considered in the context of the street-scene, in the context of the previous Inspector’s appeal decision and in the light of new central government guidance – in the form of the National Planning Policy Framework (NPPF). 5.2. Highways – Development Control: - 5.3. Other Environmental: -

6. Publicity:

Neighbour Notification Letter 11 Site Notice N/A Statutory Press Advert and Discretionary Press Advert N/A N/A Site Notice and Site Notice Other N/A

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: This application has generated three objections. These have been submitted by the adjoining neighbours at nos. 8 and 12 and a resident at no. 10. The neighbour at no. 11 has returned their notification letter with the comment that they raise no issues with the application. The objectors are essentially concerned about the merits of the proposal and feel that it does not adequately address the reasons addressed previously by the Planning Inspector, in terms of the design and amenity impact of the proposal in this context. All copies of the representations are available to view on the Council’s eplanning service. www.derby.gov.uk/eplanning

8. Consultations: No external consultations have been undertaken.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD4 Design & the urban environment GD5 Amenity H16 House extensions

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E23 Design T4 Access, parking and servicing The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: The principal planning issues in this case are: • The visual impact of the proposed side gabled roof extension in relation to the existing unauthorised dormer extension, the comments of the previous Inspector in relation to the unauthorised dormer extension and the overall context of this part of the Arlington Road street-scene. • The merits of the proposal in relation to guidance in the NPPF. In my opinion, the proposed extension, by virtue of its size and design, would create an unduly obvious addition in this part of the street-scene where dormer extensions are not a consistent feature. In my opinion its undue prominence would be compounded by the visual association with the existing side two storey extension and the rather generous gap that exists between the property and the neighbour at no. 12, which sits on a lower ground level. I, therefore, conclude that the proposal is unreasonable in overall street-scene terms in this particular context. The previous Inspector found that the unauthorised dormer extension, which is only marginally smaller than the proposal, was also unacceptable and agreed with the Council that…”the dormer window appears particularly dominant and incongruous when viewed from the side garden of no. 12 and this reinforces my concerns with regard to its impact on the character and appearance of the area” (paragraph 9 of the decision letter). The comments of the previous Inspector are highly material and, therefore, I consider that they should be afforded significant weight when considering this comparable proposal. The NPPF came into force in March of this year and it provides over-arching central government guidance for the planning system. In relation to design it is a core planning principle that local planning practitioners should…”always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings”. In this case I consider that the saved polices of the adopted CDLPR align with this principle and the thrust of central government guidance relative to the importance of good design throughout all levels of the planning process. Therefore, I consider that saved policies GD4, GD5, H16 and E23 of the adopted CDLPR should be afforded significant weight and the proposal should be refused accordingly. The unauthorised dormer extension is still in-situ following the decision of the Inspector in April last year. Since that decision my officers have worked with the applicant and his agent to secure a solution that achieves access to the roofspace accommodation that has been created. Unfortunately, my officers feel that the only viable solution in this context is to create an internal staircase and means of access that does not warrant any further enlargement to the roofspace, particularly the side

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roof plane. Whilst I have considerable sympathy with the applicant that the removal of the dormer will incur them general inconvenience and cost it is necessary and expedient to pursue enforcement action to secure its removal. Neighbouring residents have monitored the progress of previous applications and the appeal decision and it is, in my opinion, only fair and proportionate to pursue such action - hence my recommendation.

11. Recommended decision and summary of reasons: 11.1. To refuse permission. 11.2. To seek authorisation to commence Enforcement Action, subject to the Director of Legal and Democratic Services being satisfied as to the evidence, to seek the removal of the unauthorised structure. 11.3. Reason In the opinion of the Local Planning Authority the proposed gable roof extension in this part of the original roof space of the dwelling house would create an unduly prominent and intrusive addition to the dwelling house that would be out of keeping with the character of this part of the street-scene, contrary to saved policies GD4, GD5, H16 and E23 of the adopted City of Derby Local Plan Review. The proposal is also contrary to the guidance in the National Planning Policy Framework relative to the importance of good design throughout all levels of the planning process. 11.4. Application timescale: The statutory determination period for the application expired on 31 May 2012.

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Application No: DER/04/12/00427 Type: Full

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105 Committee Report Item No: 13

Application No: DER/05/12/00561 Type: Type Here

1. Address: The Haven, 221 Rykneld Road, Littleover, DE23 7AP

2. Proposal: Two storey side and single storey rear extensions and change of use from dwelling house (Use Class C3) to residential care home for the elderly (Use Class C2).

3. Description: The application site consists of a large modern two storey detached dwelling within a substantial curtilage; this application would extend the floor area of the building by the use of two storey and single storey extensions to provide a residential care home with 19 bedrooms. It is located on the southern boundary of the City with South Derbyshire District Council. Access to the road system is to the east onto Rykneld Road. Gardens to dwellings in Rykneld Way abut the northern boundary of the site and to the south is open countryside.

4. Relevant Planning History: DER/12/05/02024 – Extension to dwelling (sitting and living room), granted 20/12/2005 DER/05/08/00768 – Erection of a detached garage and games room, granted 13/06/2008

5. Implications of Proposal: 5.1. Economic: Opportunity for provision of employment generating use in a former private dwelling 5.2. Design and Community Safety: The design of the extensions complement the existing building, a majority of the singles storey rear extension would be hidden from general view behind the main building 5.3. Highways – Development Control: Rykneld Road is a classified road which is maintainable at public expense and the site is affected by a prescribed improvement line. There is a bus stop clearway fronting the dwelling and there are no further on street parking restrictions in the vicinity of the application site. The proposal offers 10 parking spaces, however none of these spaces appear to be to an adequate dimension. For Use Class C2, the adopted standard would require 1 space, 2.4m x 4.8m, per 2 members of staff on duty, 1 standard space, per 4 bed spaces, totalling 8 spaces. One space for setting down and picking up of residents with minimum dimensions of 7.2m x 3.5m and finally at least 1 space per 15 bedrooms for ambulance and/or minibus parking which should be marked out as parking for the disabled, this having dimensions of 6m x3.6m with the associated hatching. It would be recommended that the applicant should also provide covered and secure cycle/motorcycle provision. The existing access is 6.7m wide at the highway boundary, reducing to 4.25m at a point 2.3m behind highway boundary and has inward opening gates at

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Application No: DER/05/12/00561 Type: Type Here

this point. The public highway fronting this dwelling has a footway 1.9m wide. It also has a verge with a depth of 2.4m which together with the gate set back of 2.3m allows for a vehicle to stand while opening the gates without obstructing the footway. The existing access is constructed in a bound material and is satisfactory to serve this proposal. The proposal details do not indicate any change to the access. Although there is a minor intensification of the use of this access it is considered that this would not be detrimental in this instance. The applicant has provided Waste Management Bin Storage adjacent to the highway which is satisfactory to allow for an efficient kerb side waste bin collection. It should be pointed out that the siting of the Bin Storage comes within the area of the property which is affected by the Rykneld Road Improvement Line. I would recommend that an amended car parking layout incorporating spaces as described above should be submitted to and approved by the Local Planning Authority before determination of the application. 5.4. Disabled People's Access: In meeting the requirements of the Building regulations the proposal would reasonably provide for disabled peoples access. 5.5. Other Environmental: Four frontage trees are retained behind root protection fencing

6. Publicity:

Neighbour Notification Letter 4 Site Notice yes Statutory Press Advert and Discretionary Press Advert

Site Notice and Site Notice Other

This publicity is in accordance with statutory requirements and the requirements of the Council’s adopted Statement of Community Involvement.

7. Representations: Eight letters and a petition of 50 signatures have been received objecting to the application on the following grounds: • Pressure of the development on the existing septic tank for the premises located in an adjacent field; • Vagueness of the application description and detail in respect of the types of rooms to be provided and ancillary services to be provided; • Vehicle parking spaces to be provided on the site would be inadequate to accommodate the number of staff employed and the number of visitors to the site;

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Application No: DER/05/12/00561 Type: Type Here

• The possibility of excess parking overflowing onto Rykneld Way causing problems to residents of this street; • The application was inadequately notified; • The blocking of views along the highway at or close to the entrance to Rykneld Way, on a bus route, for the duration of any building works. Copies of all the representations are available to view on the Council’s eplanning service:-. www.derby.gov.uk/eplanning

8. Consultations: 8.1. Environmental Health Officer: I have no objection on environmental health grounds to the proposed change of use. However, details of the ventilation system to be installed, noise control measures and proposed internal arrangement should be sent to the Chief Environmental Health Officer before any work starts.

9. Summary of policies most relevant: Saved CDLPR policies / associated guidance. GD4 Design and the Urban Environment GD5 Amenity H13 Residential Amenity E23 Design T1 Transport Implications T4 Access, Parking and Servicing T10 Access for Disabled People E17 Landscaping Schemes The NPPF is a material consideration and supersedes the earlier PPG and PPS The above is a summary of the policies and guidance that are relevant. Members should refer to their copy of the CDLPR for the full version or the department prior to the meeting.

10. Officer Opinion: The site of the proposal is not allocated for any particular use in the CDLPR. Due to the size of the extensions proposed, along with the requirement to provide a high quality living environment, the main concern would be the effect that the proposal may have on the character of the area and the amenity of neighbouring properties. H13 requires that a proposal creates a satisfactory form of development and relationship to nearby properties. Because of the location of the site on the city edge, it will function as a prominent ‘gateway’ property and the proposed extensions to the front and side would therefore serve an important design function in this location. The design of the two storey element on the front elevation would adopt a subsidiary gabled ridgeline and maintain the proportion and style of the existing building also preserve the line of the existing fenestration thereby maintaining the scale mass and appearance of the front elevation of the building visible from the highway. As such, this part of the proposal would serve to maintain the overall character of the building in terms of its mass, scale and design in accordance with the requirements of saved policy E23.

108 Committee Report Item No: 13

Application No: DER/05/12/00561 Type: Type Here

The single storey extension to the rear would be more functional in its design with its purpose being to provide for additional bedrooms and facilities. A flat roof would be employed except where it adjoins and incorporates an existing garage building with double pitch roof. A mature hedge and tree screen on the boundary would reinforce privacy to neighbouring dwellings located across rear gardens in Rykneld Way. This part of the proposal would not be readily visible from the highway or be a prominent feature in terms of the aspect enjoyed by neighbouring dwellings. In these respects, the proposal complies with Policies E23 and H13 of the CDLPR. The remaining rear garden area would serve as a communal space for the residents and its landscaping would best serve their residential amenity. Strong representation has been made by local residents in respect of the adequacy of the 10 off-street parking spaces to be provided for staff and visitors to the site. The Highways officer has observed that though the total numbers of spaces appear to be acceptable, their dimensions are inadequate for their purpose. The current layout is deficient in a number of respects. As such I recommend that an amended car parking layout incorporating spaces as by the Highways officer be submitted to and approved by the Local Planning Authority before implementation of the application. Parking of motor vehicles in Rykneld Way which is a street with no formal parking control measures is not, in itself, within the remit of this application although the concerns of residents are noted. Provision of an acceptable parking scheme within the site, duly conditioned to comply with the minimum standards indicated, would provide adequate parking on-site commensurate with the function of a residential home of this site and, as such, reduce the need for on-street parking in adjoining residential streets in compliance with saved policies T1 and T4 of the CDLPR.

11. Recommended decision and summary of reasons: 11.1. To grant planning permission with conditions. 11.2. Summary of reasons: The proposal has been considered against the aforementioned Adopted City of Derby Local Plan Review policies, the National Planning Policy Framework where appropriate and all other material considerations and as such, is considered to be acceptable in terms of its location, function, design, impact upon the local landscape and highway safety in general 11.3. Conditions: 1. The development hereby permitted shall be begun before the expiry of three years from the date of this permission. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: • Drawing 214-RR-002, 214 RR 012, Proposed Plans and Elevations, and layout and block plan respectively as received on 21/05/2012 3. Notwithstanding the details of any external materials that may have been submitted with the application, details of all external materials shall be submitted to and be approved in writing by the Local Planning Authority before development is commenced. Any materials that may be agreed

109 Committee Report Item No: 13

Application No: DER/05/12/00561 Type: Type Here

shall be used in the implementation of the development unless otherwise agreed in writing with the Local Planning Authority. 4. Details of an amended car parking layout for a minimum of 10 vehicles within the curtilage of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The amended layout shall include: • 1 space, 2.4m x 4.8m, per 2 members of staff on duty, • 1 standard space, per 4 bed spaces, totalling 8 spaces; • 1 space for the setting down and picking up of residents with minimum dimensions of 7.2m x 3.5m; • A minimum of 1 space for ambulance and/or minibus parking, marked out as parking for the disabled, with dimensions of 6m x3.6m with the associated hatching. • The provision of covered and secure cycle/motorcycle provision. The amended parking layout, as approved, shall be fully implemented and ready for use prior to the first use of the premises as a residential care home. 5. No development shall be commenced until a landscaping scheme indicating the types and position of trees and shrubs and treatment of paved and other areas has been submitted to and approved in writing by the Local Planning Authority. 6. The landscaping scheme submitted pursuant to condition 5 above shall be carried out within 12 months of the completion of the development or the first planting season whichever is the sooner, and any trees or plants which, within a period of five years from the date of such landscaping works, 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 Local Planning Authority gives written consent to any variation. No vehicles shall be driven or parked on landscaping areas except for those vehicles necessary for the maintenance of those areas unless otherwise agreed in writing by the Local Planning Authority. 11.4. Reasons: 1. As required by Sections 91-92 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt. 3. To ensure an orderly and satisfactory overall development of the site and in accordance with saved policies GD4, GD5, H13 and E23 of the adopted City of Derby Local Plan Review. 4. To accommodate the parking and manoeuvring requirements of the development in accordance with saved policies T1 and T4 of the adopted City of Derby Local Plan Review.

110 Committee Report Item No: 13

Application No: DER/05/12/00561 Type: Type Here

5. To ensure a satisfactory external appearance of the development in the interests of visual amenity and in accordance with saved policies GD4, GD5, E23 and E17 of the adopted City of Derby Local Plan Review. 6. To ensure a satisfactory external appearance of the development in the interests of visual amenity and in accordance with saved policies GD4, GD5, E23 and E17 of the adopted City of Derby Local Plan Review. 11.5. Informative Notes: Rykneld Road/Pastures Hill Improvement Line Plan No. 16B Roads Improvements Act 1925, Public Health Act 1925 – this improvement line safeguards land that may be required for future road improvements. Any structure built in this land could be affected.

111 Committee Report Item No: 13

Application No: DER/05/12/00561 Type: Type Here

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112 Derby City Council Delegated Decisions Made Between 02/06/12 and 01/07/12

Application No Application Type Location Proposal Decision Decision Date 08/05/01428/PRI Advertisement consent 3 Friar Gate, Derby DISPLAY OF INTERNALLY ILLUMINATED FASCIA Granted 07/06/2012 SIGN

09/05/01506/PRI Full Planning 3 Friar Gate, Derby INSTALLATION OF SHOPFRONT Granted 07/06/2012 Permission Conditionally

11/07/02133/PRI Certificate of 27 Coltsfoot Drive, Sinfin, ERECTION OF DETACHED GARAGE Granted 08/06/2012 Lawfulness Proposed Derby Use

04/11/00472/PRI Full Planning Wilmot Service Station, 10 Change of use of part of garage to hand car wash Granted 06/06/2012 Permission Morley Road, Chaddesden, and valeting services (sui generis use) Conditionally Derby

05/11/00503/PRI Full Planning Former Cock N Bull P H, Change of use from public house (Use Class A4) Refuse 15/06/2012 Permission Sinfin Lane, Sinfin, Derby, to car sales/storage, car spares and treatment Planning DE24 9GP facility for end of life vehicles (Sui Generis Use), Permission installation of roller shutters to the rear elevation and erection of boundary fence

09/11/01153/PRI Full Planning Site of 2 Spenbeck Drive, Demolition of shop and garage and erection of two Granted 19/06/2012 Permission Allestree, Derby, DE22 2UH dwelling houses Conditionally

10/11/01246/PRI L B C alterations and Derby Central Library, Installation of external lighting Invalid - Finally 11/06/2012 demolition Wardwick, Derby, DE1 1HS Disposed of

11/11/01350/PRI Full Application - Article 18 Roman Road, Derby, Installation of windows to the front elevation Granted 26/06/2012 4 DE1 3RX Conditionally

01/12/00030/PRI Full Planning 5 Abbeyfields Close, Darley Replacement of roof to incorporate first floor Granted 29/06/2012 Permission Abbey, Derby, DE22 1JS extensions (living room, bedroom, en-suite and Conditionally dressing area) together with two storey side extension (store and study) - amendment to previously approved planning permission Code No. DER/08/11/00941 to include erection of 1.2m high retaining wall

Page 1 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 02/12/00124/DCC Advertisement consent 55 Wilkins Drive, Allenton, Erection of information board Granted 15/06/2012 Derby, DE24 8LU Conditionally

02/12/00203/PRI Full Planning Nunsfield House, 33 Erection of smoking shelter Refuse 07/06/2012 Permission Boulton Lane, Derby, DE24 Planning 0FD Permission

03/12/00258/PRI Full Planning Spondon Cricket Club, 144 Infilling of land to form practice area and erection of Granted 07/06/2012 Permission Locko Road, Spondon, retaining gabion wall Conditionally Derby, DE21 7AR

03/12/00291/PRI Full Planning 28 Lime Grove, Demolition of garage. Two storey extension to Granted 12/06/2012 Permission Chaddesden, Derby, DE21 dwelling house (dining room, kitchen, utility room, Conditionally 6WL w.c., living room and two bedrooms)

03/12/00292/PRI Variation/Waive of Lidl foodstore, 469 - 479 Variation of condition 12 of previously approved Granted 11/06/2012 condition(s) Nottingham Road, planning permission Code No. Conditionally Chaddesden, Derby, DE21 DER/08/11/00993/PRI to allow deliveries between 6NA 07:00 and 23:00 hours

03/12/00332/PRI Full Planning 30 Hartshorne Road, Single storey front extension to dwelling house Granted 13/06/2012 Permission Littleover, Derby, DE23 7QQ (porch, w.c. and enlargement of living room) Conditionally

03/12/00343/PRI Works to Trees under St. Josephs School, Mill Hill Crown lift to 3 metres and dead wooding of Beech Granted 08/06/2012 TPO Lane, Derby, DE23 6SB tree, cutting back of lower branches of Holly trees, Conditionally cutting back of ivy growing up various trees and felling of various self set trees all protected by Tree Preservation Order No. 146

03/12/00349/PRI Full Planning 454 Duffield Road, Derby, Erection of detached double garage Granted 27/06/2012 Permission DE22 2DH Conditionally

03/12/00352/PRI Full Planning 27 St. Albans Road, Derby, Formation of room in roofspace (bedroom) and Granted 08/06/2012 Permission DE22 3JJ alterations to roof Conditionally

03/12/00354/PRI Advertisement consent 91 Prince Charles Avenue, Display of internally illuminated fascia and Granted 18/06/2012 Mackworth, Derby, DE22 projecting sign Conditionally 4BG

03/12/00355/PRI Full Planning 58 Glossop Street and 10 Change of use from offices (Use Class B1) to Granted 07/06/2012 Permission Crowshaw Street, Derby, residential (Use Class C3) including alteration to Conditionally DE24 8DY side elevation

Page 2 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 03/12/00356/PRI Advertisement consent 50-51 Friar Gate, Derby, Display of non-illuminated wall plaque Granted 19/06/2012 DE1 1DF Conditionally

03/12/00377/PRI Advertisement consent The Royal Bank Of Display of 2 externally illuminated fascia signs, 2 Granted 15/06/2012 Scotland, 6 Park Farm externally illuminated projecting signs and 1 Conditionally Centre, Allestree, Derby, internally illuminated ATM sign DE22 2QN

03/12/00378/PRI Full Planning Co-op Store, Stenson Installation of ATM Granted 12/06/2012 Permission Road, Derby, DE23 7JD Conditionally

03/12/00381/PRI Full Planning 128 Dale Road, Spondon, Single storey extension to dwelling house Granted 18/06/2012 Permission Derby, DE21 7DH (conservatory) Conditionally

03/12/00383/PRI Full Planning 66 Penzance Road, Retention of boundary fence Refuse 08/06/2012 Permission Alvaston, Derby, DE24 0NH Planning Permission

03/12/00387/PRI Full Planning 17 Kings Croft, Allestree, Extension to dwelling house (utility room, Granted 18/06/2012 Permission Derby, DE22 2FP kitchen/diner and basement link) Conditionally

03/12/00390/PRI Full Planning 65 Maple Drive, Chellaston, Two storey side extension to dwelling house Granted 06/06/2012 Permission Derby, DE73 1RX (hallway, dining room, bedroom and dressing Conditionally room)

03/12/00391/PRI Works to Trees under Land rear of 25 Church Crown reduction of Yew Tree protected by Tree Granted 07/06/2012 TPO Lane, Darley Abbey, Derby, Preservation Order No.306 Conditionally DE22 1EX

03/12/00394/PRI Full Planning 35 Edmund Road, Single storey extension to dwelling house Granted 18/06/2012 Permission Spondon, Derby, DE21 7HH (enlargement of kitchen/dining room) Conditionally

04/12/00397/PRI Full Planning 17 Chesterton Road, Erection of detached annexe (lounge/kitchen, Granted 27/06/2012 Permission Spondon, Derby, DE21 7EN bedroom, bathroom, store and workshop) Conditionally

04/12/00399/PRI Variation/Waive of 59 Birdcage Walk and Variation of condition 2 of previously approved Granted 15/06/2012 condition(s) former Mackworth Methodist planing permission Code No. Conditionally Church, Prince Charles DER/07/11/00888/PRI to allow re-location of the Avenue, Mackworth, Derby, hydrotherapy pool block and alterations to the DE22 4LL internal layout to form an additional bedroom

Page 3 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 04/12/00413/PRI Full Planning Walter Evans C Of E Extensions to school (classroom, entrance porch, Granted 08/06/2012 Permission School, Darley Abbey Drive, lobby, waiting area, reception, office and sick bay) Conditionally Darley Abbey, Derby, DE22 and installation of windows to classroom 1EF

04/12/00415/PRI Full Planning 1 Walbrook Road, Derby, Change of use of part ground floor flat from Refuse 07/06/2012 Permission DE23 8SA Residential (Use Class C3) to Retail (Use Class Planning A1) Permission

04/12/00416/PRI Full Planning 98 Swarkestone Road, Demolition of garage. Two storey extension to Granted 07/06/2012 Permission Chellaston, Derby, DE73 dwelling house (store, utility room, dining room Conditionally 1UD and bedroom with en-suite)

04/12/00418/PRI Full Planning 68 Colwyn Avenue, Derby, Demolition of kitchen extension. Single storey rear Granted 08/06/2012 Permission DE23 6HG and side extension to dwelling house (sitting Conditionally room, bathroom, study and enlargement of kitchen)

04/12/00422/PRI Full Planning Site of Mackworth College Substitution of House Types on Plots 21-24A, Granted 22/06/2012 Permission buildings, Prince Charles 28-29A, 32-39 and 110-115A of previously Conditionally Avenue, Mackworth, Derby, approved planning permission Code No. DE22 4LR DER/02/11/00184/PRI

04/12/00426/PRI Full Planning 66 Canterbury Street, Single storey extension to dwelling house Granted 08/06/2012 Permission Chaddesden, Derby, DE21 (conservatory) Conditionally 4LF

04/12/00430/PRI Full Planning 37 Bracknell Drive, Demolition of single garage and erection of Granted 11/06/2012 Permission Alvaston, Derby, DE24 0BP detached double garage. Conditionally

04/12/00431/PRI Full Planning 15 Springwood Drive, Demolition of conservatory. Two storey and single Granted 15/06/2012 Permission Oakwood, Derby, DE21 storey extensions to dwelling house (porch, lounge Conditionally 2HE sunroom, bedroom and study)

04/12/00433/PRI Full Planning 154 Manor Road, Derby, Two storey extensions to front, rear and side of Granted 29/06/2012 Permission DE23 6BT dwelling house, alterations to roof, erection of triple Conditionally garage with living accommodation above, and demolition of garage and shed

04/12/00434/PRI Full Planning 6-8 Wyndham Street, Change of use from surgery (Use Class D1) and Granted 11/06/2012 Permission Alvaston, Derby, DE24 0EP alterations to form two semi detached dwellings Conditionally (use Class C3)

Page 4 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 04/12/00436/PRI Full Planning 17 Ypres Road, Allestree, Erection of detached garage Granted 08/06/2012 Permission Derby, DE22 2NA Conditionally

04/12/00437/PRI Full Planning 101 Rykneld Road, Two storey and and single storey extensions to Granted 06/06/2012 Permission Littleover, Derby, DE23 7AJ dwelling house (utility room, shower room, Conditionally playroom, bedroom, en-suite and enlargement of dining room and bedroom)

04/12/00439/PRI Full Planning 19 Lime Grove, Single storey extension to dwelling house (dining Granted 08/06/2012 Permission Chaddesden, Derby, DE21 room, conservatory and enlargement of kitchen). Conditionally 6WN

04/12/00441/PRI Full Planning Wilmot Service Station, 10 Change of use of part of site from motor Granted 18/06/2012 Permission Morley Road, Chaddesden, accessories sales (sui generis use) to pet and Conditionally Derby, DE21 4QU garden supplies sales (use class A1)

04/12/00442/PRI Full Planning 1 Little Longstone Close, Two storey and single storey extensions to Granted 13/06/2012 Permission Mickleover, Derby, DE3 5JE dwelling house (store, bedroom, en-suite and Conditionally enlargement of living room) and formation of vehicular hardstanding

04/12/00445/PRI Full Planning 27 Maple Grove, Allestree, Single storey extension to dwelling house Granted 15/06/2012 Permission Derby, DE22 2HD (sitting/dining room) Conditionally

04/12/00446/PRI Full Planning Site of Merrill College, Residential development (amendment to Granted 19/06/2012 Permission Jubilee Road, Shelton Lock, previously approved application Code No. Conditionally Derby DER/05/11/00513/PRI to add additional render to dwellings at plots 51-52, 78-79 and erection of detached garages at plots 21, 33, 44 & 82)

04/12/00449/PRI Full Planning 39 Hamilton Road, Derby, Single storey extension to dwelling house Granted 06/06/2012 Permission DE23 6RU (kitchen/dining room) Conditionally

04/12/00454/PRI Full Planning 67 Highfield Road, Derby, Demolition of conservatory.Two storey extension to Refuse 13/06/2012 Permission DE22 1GX dwelling house (lounge and bedroom) Planning Permission

04/12/00457/PRI Advertisement consent Unit 5, Kingsway Retail Display of 4 internally illuminated fascia signs Granted 11/06/2012 Park, Derby, DE22 3FA Conditionally (ScS)

Page 5 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 04/12/00458/PRI Full Planning 10-12 Stenson Road, Extension to shop (staff room and laboratory) Granted 25/06/2012 Permission Derby, DE23 7JA Conditionally (Specsavers)

04/12/00460/PRI Full Planning 46 Penrhyn Avenue, Derby, Extension to dwelling house (bedroom, shower Granted 15/06/2012 Permission DE23 6LA room and canopy) - (extension of time limit of Conditionally previously approved application Code No. DER/02/09/00181/PRI by a further three years)

04/12/00461/PRI Full Planning 20 Carron Close, Sinfin, Single storey side and rear extensions to dwelling Granted 12/06/2012 Permission Derby, DE24 9LH (conservatory and enlargement of bedroom and Conditionally lounge)

04/12/00465/PRI Full Planning 413 Uttoxeter New Road, Single storey extension to dwelling house Granted 11/06/2012 Permission Derby, DE22 3HY (conservatory) Conditionally

04/12/00466/PRI Full Planning 222 Boulton Lane, Derby, First floor extension to dwelling house (bedroom, Granted 14/06/2012 Permission DE24 0BA dressing room and en-suite) Conditionally

04/12/00467/PRI Full Planning 97 Littleover Lane, Derby, Demolition of store and erection of single storey Granted 11/06/2012 Permission DE23 6JJ extension to dwelling house (kitchen, lounge, utility Conditionally and cloaks)

04/12/00472/PRI Full Planning Land at 1 and 13 St. James Formation of 4 additional car parking spaces and Granted 06/06/2012 Permission Court, Friar Gate, Derby, re-positioning of two spaces Conditionally DE1 1BT

04/12/00474/PRI Full Planning Unit 9, Victory Park Way, Retention of extraction chimney Granted 13/06/2012 Permission Derby, DE24 8ZF Conditionally

04/12/00475/PRI Full Planning 5 Rupert Road, Demolition of garage. Single storey extension to Granted 27/06/2012 Permission Chaddesden, Derby, DE21 dwelling house (enlargement of kitchen) Conditionally 4NE

04/12/00476/PRI Full Planning 7 Edward Avenue, Single storey rear and side extensions to dwelling Granted 15/06/2012 Permission Chaddesden, Derby, DE21 house (sitting room, kitchen, conservatory and Conditionally 6SQ shower room)

04/12/00479/PRI Certificate of 276 Keldholme Lane, Single storey extension to dwelling house Granted 15/06/2012 Lawfulness Proposed Alvaston, Derby, DE24 0RZ (enlargement of kitchen/dining room) Use

Page 6 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 04/12/00481/PRI Full Planning Site of 226a Osmaston Demolition of Youth Centre. Extension to care Granted 28/06/2012 Permission Road/ 1-2 Douglas Street, home (23 bedrooms with en-suite, 2 store rooms, Conditionally Derby, DE23 8LH 2 bathroom, w.c., lounge, conservatory and sluice room)

04/12/00483/PRI Works to Trees under 18 Dunsmore Drive, Crown lifting and deadwooding of Oak tree Granted 08/06/2012 TPO Oakwood, Derby, DE21 2JA protected by Tree Preservation Order No 247 Conditionally

04/12/00485/PRI Full Planning 4 Milton Street, Derby, DE22 Demolition of store. Single storey rear extension to Granted 12/06/2012 Permission 3NZ dwelling house (w.c. and enlargement of kitchen) Conditionally

04/12/00486/PRI Full Planning 4-5 Charnwood Street, Siting of temporary building for use as additional Granted 25/06/2012 Permission Derby, DE1 2GT meeting room (renewal of previously approved Conditionally planning permission Code No. DER/12/08/1795)

04/12/00487/PRI Full Planning 29 Parkside Road, Demolition of conservatory. Two storey rear Granted 27/06/2012 Permission Chaddesden, Derby, DE21 extension to dwelling house (lounge and 2 Conditionally 6QR bedrooms) and erection of conservatory

04/12/00492/PRI Full Planning Site of 44 - 62 Goodsmoor Substitution of house types on previously approved Granted 18/06/2012 Permission Road Industrial Estate, Planning Permission Code No. DER/05/07/01031 Conditionally Sinfin, Derby (plots 28 and 29) and erection of garages

04/12/00496/PRI Full Planning 10 West View Avenue, Single storey extension to dwelling house (dining Granted 19/06/2012 Permission Littleover, Derby, DE23 7EN room) Conditionally

04/12/00497/PRI Full Planning 28 Osmaston Road, Derby, Change of use from retail (Use Class A1) to Granted 29/06/2012 Permission DE1 2HR insurance brokers (Use Class A2) Conditionally

04/12/00499/ Works to Trees in a 33 North Street, Derby, DE1 Felling of 2 Sycamore trees within Strutts Park Raise No 12/06/2012 Conservation Area 3AZ Conservation Area Objection

04/12/00503/PRI Works to Trees under St. Philomenas Convent, Crown raise to 6m, and reduce limbs by up to 3m Granted 22/06/2012 TPO 312 Highfields Park Drive, of Beech tree protected by Tree Preservation Order Conditionally Derby, DE22 1JX No 308

04/12/00505/PRI Full Planning 155 Kedleston Road, Demolition of part of single storey extension and Granted 15/06/2012 Permission Derby, DE22 1FT erection of single storey rear extension to dwelling Conditionally (enlargement of kitchen)

04/12/00507/PRI Full Planning 213 Station Road, Extension to detached garage Granted 18/06/2012 Permission Mickleover, Derby, DE3 5FE Conditionally

Page 7 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 04/12/00508/PRI Full Planning 40 Duffield Road, Derby, Change of use and alterations of offices (use Granted 21/06/2012 Permission DE1 3BH class B1) to form three apartments (use class C3) Conditionally

04/12/00509/PRI Works to Trees under Catalis Rail Training, Crown reduce, crown lift and pruning of Granted 25/06/2012 TPO London Road, Derby. DE24 overhanging branches of 3 trees protected by Tree Conditionally Preservation Order No 416 at 6 Newmarket Drive.

04/12/00510/PRI Full Planning 40 Burlington Way, Single storey rear extension to dwelling house Granted 19/06/2012 Permission Mickleover, Derby, DE3 5BD Conditionally

04/12/00512/DCC Variation/Waive of Ashgate Primary School, Erection of buildings for temporary period - Granted 19/06/2012 condition(s) Ashbourne Road, Derby, Variation of condition 2 of previously approved Conditionally DE22 3FS planning permission DER/02/12/00257 to include an additional classroom for temporary period

04/12/00515/PRI Full Planning 51 Overdale Road, Derby, Single storey extension to dwelling house Granted 22/06/2012 Permission DE23 6AU (conservatory) Conditionally

04/12/00517/PRI Full Planning 50 Pastures Hill, Littleover, Demolition of garage and porch.Two storey Refuse 25/06/2012 Permission Derby, DE23 7BA extensions to dwelling house (garage, Planning cinema/snooker room, kitchen,porch, dining room, Permission living room, 4 bedrooms, 4 en-suites, study/bedroom, bathroom, gallery and balcony)

04/12/00519/PRI Full Planning 4 Newbold Close, Single storey extension to dwelling house Granted 25/06/2012 Permission Chellaston, Derby, DE73 (conservatory) Conditionally 6RY

04/12/00523/PRI Listed Building Chestnut House, 65b Friar Installation of rooflight to front elevation, Granted 19/06/2012 Consent -alterations Gate, Derby, DE1 1DJ replacement of ridge tiles, various internal Conditionally alterations and erection of security gates

04/12/00524/PRI Certificate of 84 Park Grove, Derby, DE22 Formation of room in roof space (bedroom, Granted 15/06/2012 Lawfulness Proposed 1HF en-suite and rear dormer) Use

04/12/00525/PRI Full Planning 33 Ingleby Avenue, Derby, Demolition of store. Single storey extension to Granted 19/06/2012 Permission DE23 8DL dwelling house (enlargement of kitchen and Conditionally lounge) and pitched roof canopy on front elevation

05/12/00527/PRI Full Planning 20 Field Rise, Littleover, Extensions to bungalow (lounge and enlargement Granted 26/06/2012 Permission Derby, DE23 7DE of kitchen) Conditionally

Page 8 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 05/12/00530/PRI Full Planning Land at side of 274 Max Erection of dwelling house Granted 27/06/2012 Permission Road, Chaddesden, Derby, Conditionally DE21 4HE

05/12/00534/PRI Advertisement consent St. Andrews House, 201 Display of 3 externally illuminated fascia signs Granted 27/06/2012 London Road, Derby, DE1 Conditionally 2TZ

05/12/00535/PRI Full Planning 9 Denver Road, Mickleover, Single storey extension to dwelling house Granted 26/06/2012 Permission Derby, DE3 5PS (conservatory) Conditionally

05/12/00538/DCC Local Council own Land at turning loop on Change of use from public open space to parking Granted 22/06/2012 development Reg 3 Weirfield Road, Darley area Conditionally Abbey, Derby, DE22 1DH

05/12/00539/ Local Council own Arboretum Primary School, Erection of 2 classrooms for temporary period Granted 28/06/2012 development Reg 3 Corden Street, Derby, DE23 Conditionally 8GP

05/12/00540/PRI Listed Building Greyhound PH, 76 Friar Alterations to Public House Granted 28/06/2012 Consent -alterations Gate, Derby, DE1 1FN Conditionally

05/12/00546/PRI Full Planning 8 Lockington Close, Demolition of conservatory and bedroom. Two Granted 15/06/2012 Permission Chellaston, Derby, DE73 storey and single storey extensions to dwelling Conditionally 1XD house (cloaks, shower room, utility, study, dining/family room and two bedrooms)

05/12/00547/PRI Full Planning The Old Maltings, Forman Installation of solar panels Refuse 29/06/2012 Permission Street, Derby, DE1 1JQ Planning Permission

05/12/00548/PRI Advertisement consent 1 Orient Way, Pride Park, Display of various signage Granted 27/06/2012 Derby, DE24 8BY (Former Conditionally Pride Park PH)

05/12/00549/PRI Full Planning 3 St. Marys Gate, Derby, Change of use from offices (Use Class A2) to Granted 29/06/2012 Permission DE1 1HB restaurant (Use Class A3) on ground floor and Conditionally residential (Use Class C3) on first floor

05/12/00550/PRI Listed Building 3 St. Marys Gate, Derby, Internal alterations and formation of escape and Granted 29/06/2012 Consent -alterations DE1 1HB service doors in west elevation Conditionally

Page 9 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 05/12/00553/PRI Full Planning 18 Pear Tree Crescent, Single storey side and rear extension to dwelling Granted 22/06/2012 Permission Derby, DE23 8RN house (kitchen, lounge and bathroom) Conditionally

05/12/00556/PRI Full Planning 77-79 Normanton Road, Installation of shop fronts in connection with the Granted 26/06/2012 Permission Derby, DE1 2GH subdivision of retail unit into 6 retail units, and Conditionally creation of 2 flats (Use Class C3)

05/12/00559/PRI Full Planning 25 Hillside Road, Spondon, Single storey extension to dwelling house Granted 29/06/2012 Permission Derby, DE21 7RA (conservatory) Conditionally

05/12/00567/PRI Full Planning 15 Elms Avenue, Littleover, Demolition of conservatory and w.c. Two storey Granted 19/06/2012 Permission Derby, DE23 6FB extension to dwelling house (kitchen, utility, Conditionally shower room, hallway and two bedrooms)

05/12/00571/PRI Full Planning 35 Hillsway, Littleover, Demolition of garage and conservatory. Erection of Granted 15/06/2012 Permission Derby, DE23 7DS detached garage. Conditionally

05/12/00573/ Full Planning 71 Melbourne Street, Derby, Single storey extension to dwelling house Granted 15/06/2012 Permission DE1 2GF (enlargement of kitchen) and formation of room in Conditionally roof space (bedroom)

05/12/00576/DCC Local Council own St. Martins School, Demolition of buildings, re-roofing of school Granted 27/06/2012 development Reg 3 Wisgreaves Road, Derby, building and erection of 2.1m high boundary wall Conditionally DE24 8RQ with pedestrian gate access

05/12/00581/PRI Full Planning 1269 London Road, Derby, Single storey side and rear extensions to dry Granted 19/06/2012 Permission DE24 8QN (Allens Dry cleaners (enlarged shop floor area, staff room and Conditionally Cleaners) w.c for disabled people)

05/12/00582/PRI Full Planning 31 Hardwick Avenue, First floor side extension to dwelling house Granted 29/06/2012 Permission Allestree, Derby, DE22 2LN (bedroom and shower/w.c) Conditionally

05/12/00590/PRI Full Planning 8 Elvaston Lane, Alvaston, Single storey side extension to dwelling house Granted 15/06/2012 Permission Derby, DE24 0PX (bedroom, utility and enlargement of kitchen) Conditionally

05/12/00616/PRI Full Planning 1 Ainsworth Drive, Derby, Retention of single storey extension to dwelling Granted 22/06/2012 Permission DE23 7GJ house (cloakroom and enlargement of kitchen and Conditionally lounge).

05/12/00624/PRI Full Planning 72 Cordelia Way, Single storey extension to dwelling house Granted 22/06/2012 Permission Chellaston, Derby, DE73 (conservatory) Conditionally 5AR

Page 10 of 11 Enclosure Application No Application Type Location Proposal Decision Decision Date 05/12/00626/PRI Non-material 302 Burton Road, Derby, Formation of vehicular hardstanding and erection Granted 15/06/2012 amendment DE23 6AD of retaining wall, greenhouse, summerhouse, balcony decking and retention of patio and retaining wall - non-material amendment to previously approved planning permission Code No. DER/01/11/00019 to reposition retaining wall and vehicle hardstanding

05/12/00648/PRI Demolition-Prior Rolls Royce Plc, Light Alloy Demolition of Light Alloy Foundry Granted 21/06/2012 Notification Foundary, Osmaston Road, Conditionally Derby, DE24 8GH

05/12/00669/PRI Non-material Site of Builder Center, Erection of student accommodation (389 units) Refuse 28/06/2012 amendment Brook Street, Derby, DE1 and associated parking spaces - Planning Non material amendment to previously approved Permission permission Code No. DER/04/10/00413/PRI to amend elevations, amend internal layout to increase number of bedrooms by 6 and formation of lobby

09/92/01011/00/ Full Planning BALFOUR BEATTY PLANT RETENTION OF SECURITY OFFICE & BARRIER Granted 25/06/2012 Permission DIV, RAYNESWAY

12/04/02309/GOV Government Derby HGV Test Station, ERECTION OF MOT TRAINING CENTRE Raise No 07/06/2012 Consultation (Circ Raynesway, Derby Objection 18/84)

05/05/00769/DCC Full Planning West Park Community INSTALLATION OF NEW CURTAIN WALLING TO Granted 25/06/2012 Permission School, West Road, SOUTH WEST ELEVATION AND INSTALLATION Conditionally Spondon, Derby OF NEW WINDOWS

Total Number of Delegated Decisions made during this period: 114

Page 11 of 11 Enclosure