Application Recommended for Delegation APP/2011/0154 Queensgate Ward
Outline Planning Application Demolition of existing house and the erection of 18 dwellings comprising, 2no. 8- bedroom houses, 2no, 4-bedroom maisonettes, 4no. 3-bedroom maisonettes, 4no. 2- bedroom apartments, and 6 detached mews houses. (Landscaping reserved for future approval) [Relating to that part of the development within the Borough of Burnley] BRAMPTON HOUSE 500 COLNE ROAD BURNLEY
Background: 1. The application relates to a large site at the northern edge of the Borough presently accommodating one large detached house set in a landscaped garden with protected trees.
2. A strip along the northern edge of the site is in Pendle Borough, so that although the whole description is as described above, part of two houses are in Pendle District, to whom a separate planning application has been submitted.
3. The application has been prepared in great detail and presents information that can be viewed on the planning website or in the planning office.
4. A high quality development is proposed, retaining trees and indicating comprehensive landscape treatment.
5. Objections have been received.
Summary of Reason for Recommendation: The site is in an area which is predominantly composed of large detached and semi- detached dwelling houses set in substantial gardens. A replacement dwelling commensurate with the existing house on the site would not be in conflict with the development plan. The present proposal would provide a development that is larger in density of accommodation and in built form than many nearby properties. This is outweighed by its exceptionally high quality of built accommodation, external appearance and use of materials, and in particular, its provision for sustainability, adaptation, ecology, habitats, landscape and creation of a sense of place. Therefore, on a balanced consideration, the proposal is in accordance with the development plan in accordance with the Development Plan, in particular the policies listed below. There are no other material considerations to indicate that planning permission should not be granted:
Relevant Policies:
Burnley Local Plan Second Review E21 - Gateways and throughroutes E5 - Species protection E6 -Trees, hedgerows and woodlands E7 - Water bodies and water courses GP1 - Development within the Urban Boundary GP3 - Design and Quality GP6 - Landscaping and Incidental Open Space GP8 - Energy Conservation and Efficiency H2 -The sequential release of further housing land for development H3 - Quality and design in new housing development H4 - Providing a choice of housing in new development H5 - Local housing needs H6 - Housing density H7 – Open space in new housing development TM15 - Car parking standards
National Planning Policy Planning Policy Statement 3 (PPS3) - Housing
Site History (as relevant): TP4036: Use as offices – Granted (1957) TP7879: Use as Nursing Home – Granted (1963) TP8440: Erection of detached bungalow – Granted (1964) 81/0250: Erection of front boundary wall – Granted 96/0137: Change of use from dwelling house to 25 bed home for the elderly - Granted 2008/0231: Erection of 66 apartments – Withdrawn
Consultation Responses: Highway Authority – No objection in principle. Recommend a condition be imposed requiring full details of arrangements for access and egress, and provision for gates.
Pendle Borough Council – Consulted as adjoining planning authority, also in receipt of an application for part of the site. Informally indicated that the proposal is likely to be acceptable subject to conditions.
United Utilities – No objection in principle. Separate surface water drainage should be provided. [These comments are essentially for the attention of the applicant, to whom the agency has sent a copy of the comments]
Burnley Wildlife Conservation Forum – Appears a thoroughly researched application. There would be the additional wildlife benefit of a new pond.
Lancashire Ecology Unit – Recently reviewed the additional ecology report provided by the applicant. Some potential impact on biodiversity and protected and priority species but this can be mitigated by imposition of planning conditions.
Burnley Civic Trust – Object to the proposal on grounds that erection of 18 dwellings would over-develop the site, resulting in additional traffic on the busy main road and that may cause problems with services.
Neighbouring residents - 13 letters making objections as follows (summarised):
1. Not in keeping architecturally with the area; re-defines the area in a negative way.
2. Large number of bedrooms per dwelling; area will be densely populated; flexible design could result in further dwellings.
3. Overshadow other dwellings; loss of privacy; overlooking from the roof- gardens; loss of view from Osborne House.
4. Additional traffic; highway safety; inadequate parking provision.
5. Other brownfield land available.
6. Burnley is short of larger, quality housing and the demolition of Brampton will make this worse. Brampton is a beautiful house that should be preserved; loss of the landscaped grounds.
7. Possible presence of historic coal mine workings on the site [The former house was apparently used as Coal Board offices in the late 1950s before its demolition. Any investigation of ground conditions, including possible coal workings, would be a matter for the applicant’s attention]
Planning and Environmental Considerations: The application site is rectangular in shape, comprising around 0.63ha. It is set to the west of Colne Road to which it has a frontage of some 68m, with an overall depth of 95m. There is a significant fall in levels across the site.
It presently accommodates a large 2-storey dwelling house, sited towards the rear of the site as shown on the plan reproduced below for ease of description. The Borough boundary with Pendle Borough crosses the northern part of the site. There is a belt of trees subject to a Tree Preservation Order along the southern boundary of the site.
Application site Borough boundary Existing dwelling TPO trees Osborne House
Form of existing dwelling
Present proposal
The development comprises a 4-storey building facing Colne Road towards the front of the site, and 2-storey houses to the rear.
Proposed layout
Proposed elevation from Colne Road
Elevations of the detached mews houses
Policies
PPS3 sets national policy for housing development, stating the requirement: …… to ensure that housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. This should be achieved by making effective use of land, existing infrastructure and available public and private investment.
Policy H1 identifies land for housing development
Policy H2 sets a sequential approach to the release of land for housing development, requiring that higher priority be given to development of brownfield rather than greenfield sites, and to land in more sustainable locations. It requires that sites coming forward should not lead to an unacceptable oversupply of housing when assessed against Policy H1.
The re-defining (PPS3, June 2010) of residential garden land as not previously developed land has given more opportunity for councils to make decisions that are best for their area. The Borough already has in excess of a five year supply of deliverable housing permissions; indeed, some residents have made reference to the availability of brownfield land. However the proposed site is in a sustainable area, on a main transport corridor, and it offers a form of development likely to contribute significantly to the variety, quality and therefore, choice of housing available in the Borough. This would be in line with Policy H4. On that basis, the proposal is not considered to be unacceptable.
Policy H3 seeks quality in housing development and sets criteria summarised as follow: a) Suitable comparison with neighbouring property and the wider locality. b) Creation of a sense of place. c) Provision of a range of house types and designs. d) Protection of amenity of neighbouring properties, including privacy and outlook. e) Provision of adequate private garden space and landscaping. f) Safety of pedestrian access. g) Parking in accordance with parking standards.
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The main planning issues are architectural treatment, design and character of the area; density of the development; impact on neighbouring residents; and, acceptability of provision regarding traffic and parking
Architecture, design and character The design has been informed by a comprehensive design statement evidenced by research into local architectural styles and vernacular, and architectural best practice including Georgian terrace town houses.
The buildings would be in two forms:
Four-storey building on the front part of the site, comprising: Six townhouses containing accommodation as follows: Two Type A – eight bedroom houses. Two Type B – each comprising one 3-bed maisonette and two 2-bed apartments. Two Type C – each comprising one 3-bed maisonette and one 4-bed maisonette.
The application demonstrates that the design is intended to provide for flexibility of the fabric of the buildings to allow for future adaptability. This in line with the quality requirements of Policy GP3.
Visual impressions of the main building
From Colne Road
Rear view of Townhouse building
Two-storey mews houses on the rear part of the site being a mix of six 4-bed and 5- bed units.
The application indicates that attention has been given to energy efficiency: Favourable orientation. Use of deciduous planting (indicative at this stage) (leafy shade in summer - daylight penetration in winter). Green roofs (thermally efficient insulators). Solar water heating.
Mews houses
Private open space for all buildings would include roof terraces. The site would have perimeter landscaping (indicative at this stage).
The section through the site copied below shows the use of the levels on the site, and the relationship of proposed buildings:
Townhouse building Mews houses
There is much subjectivity in commentary on architectural matters. Some residents have expressed concern, finding the proposed form, scale and external appearance to be unacceptable. The opinion can also be taken that the proposed scheme follows through from the contemporary concept of adaptable and sustainable buildings to an exciting development of high quality that would harmonise well with this area of character at the northern edge of the Borough. The recommendation on this issue is made on that basis.
Density
There is no minimum residential density specified by National planning policy.
Policy H6 requires a density in the range 30-50 dwellings per hectare, and higher in places with good public transport such as the present site.
For the proposed 18 units the density would be around 28 dwellings per hectare.
It is helpful here to give some comparison with a development of dwelling houses. The proposed scheme has 70 bedrooms – so an even mix of 3 and 4 bedroom houses would have 20 houses, computing to a density of 32 dwellings per hectare. This is appears to be well within the range and in accordance with H6, even if in the future a further permission was granted for an increase in the number of units by sub-division of the adaptable townhouse buildings.
Impact on neighbouring residents Osborne Grove is a 3-storey apartment building facing the proposed townhouse building. The separating distance would be 65m.
The relationship with Osborne Grove is shown in the section copied below:
Section showing relationship to Osborne Grove Osborne Grove
No.502 Colne Road is a detached house set to the north of the proposed townhouse building. There would be no windows in the facing, side wall of the latter, but there are windows in the side wall of no.502. The separating distance would be 25m, and given that the dense boundary tree cover would be retained, there is unlikely to be loss of privacy to the existing dwelling except possibly from the roof terrace of the proposed building. I recommend that a condition be imposed requiring suitable screening to be provided along that flank of the terrace.
Traffic and parking
The Highway Authority is content with the proposal provided full details of the provision for access and egress are provided under a planning condition.
The car parking standards would require a maximum of 46 spaces in an area of low accessibility. In an area of high accessibility, as the present site, this would normally be discounted to a rate of 1.5 spaces per dwelling which would amount to a requirement for 27 spaces. The application indicates a provision of 26.
There is concern expressed by neighbouring residents that this would be insufficient. The Highway Authority has reconsidered the matter and remains of the opinion that the amount proposed is realistic, avoiding overprovision and undue emphasis on private car use, in the interests of sustainability.
Other matters
Discussions are proceeding with the applicant regarding the application of affordable housing policy (in particular PPS3 and Policy H5), and provision for public open space (Policy H7) to the development,. The outcome will be reported at the meeting.
Conclusion The existing building, set in extensive landscaped gardens is very attractive, however it is of its time, and represents just one way of developing the site in a high quality manner. The building is not especially worthy of retention. Whilst a similar replacement development may be generally acceptable, that is not what is now proposed – the present proposal should be considered on its merits.
The recommendation is made on the basis that the exceptionally high quality development now proposed would be in keeping with, and help retain, the character of this part of the Borough.
Recommendation:
That provided the negotiations relating to affordable housing and public open space are satisfactorily concluded, the Head of Planning and Environment be delegated to grant outline planning permission subject to the following conditions and any matters arising from further negotiations:
Conditions
1. Approval of the details of the landscaping of the site (the reserved matter) shall be obtained from the local planning authority in writing before any development starts.
2. Plans and particulars of the reserved matter referred to in condition 1 above, relating to the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.
3. Application for approval of the reserved matter shall be made to the local planning authority before the expiration of three years from the date of this permission.
4. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the reserved matter to be approved.
5. The details of landscaping required by conditions 1 shall identify areas within the landscaped areas to be made (with a permeable surface) capable of use as occasional car parking space and the details shall be implemented as approved in accordance with this condition.
6. Before any hereby permitted dwelling is brought into use, the vehicular access and egress to and from the site shall be constructed in accordance with a scheme having the prior written approval of the Local Planning Authority.
7. The precautionary measures for the protection of bats outlined in section 11.0 of the report 'Protected Species Survey: Property at Brampton House, 500 Colne Road, Burnley, Lancashire, BB10 2ID' (Earthworths Environmental Design, 11 May 2011) shall be implemented in full before any hereby permitted dwelling is first occupied.
8. Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall be avoided between March and July inclusive, unless the absence of nesting birds has been confirmed by further survey or inspection, and the report of such further survey or inspection is approved in writing by the Local Planning Authority.
9. The details of landscaping required by condition 1 shall demonstrate maintenance and enhancement of biodiversity within the application area, including retention/replacement of trees, incorporation of bat roosting and bird nesting opportunities and maintenance of habitat connectivity (including permeability of boundaries to allow wildlife to pass through the development).
10. No development shall start until the details of the means of protecting trees and hedges, including root structures from injury or damage prior to or during the development works, have been submitted and approved in writing by the Local Planning Authority. Such protection measures shall be implemented before any works are carried out and retained during building operations and furthermore no excavations, site works, trenches or channels should be cut or services laid or soil, waste or other materials deposited so as to cause damage or injury to the root structure of the trees or hedges.
11. Before any terrace, roof garden or other outdoor amenity space above ground level is brought into use, a privacy screen wall (or other form of screening) along its northern flank (or such other position as may be approved) of shall be provided in accordance with a scheme having the prior written approval of the Local Planning Authority.[This refers to a part of the site within Pendle District who be advised of the agreement of Burnley Borough Council to inclusion of this condition in any grant of permission by the neighbouring planning authority].
12. The development shall be carried out in accordance with the application details and the drawings listed on the decision notice.
13. The development shall be carried out in accordance with the application details and the drawings listed on the decision notice.
Reasons
1 to 4 Imposed pursuant to Section 92 of the Town and Country Planning Act 1990. The application is in outline only and does not contain complete details of the proposed development.
5 To allow flexibility to provide additional parking spaces in the future and to ensure that such provision would not harm the landscaping or be detrimental to the setting of the buildings, in accordance with Policies TM15 and H3.
6 In the interests of highway safety.
7, 8, 9 To safguard and enhance the ecology and habitats on the land in accordance with Policies E3, E4, E5, E6 and E7 of the Burnley Local Plan Second Review.
10 To ensure the trees are not damaged during construction works, in accordance with Policy E6 of the Burnley Local Plan Second Review.
11 To safeguard the privacy of adjacent residents.
12 For the avoidance of doubt and to ensure that the development remains in accordance with the development plan.
13 For the avoidance of doubt and to ensure that the development remains in accordance with the development plan.
AR 17.6.2011