Civic Centre, Crook, County Durham. DL15 9ES Tel: 01388 765555 Fax: 01388 766660 Minicom: 01388 761515 e-mail: [email protected] Iain Phillips Chief Executive
24th January 2007
Dear Councillor,
I hereby give you Notice that a Meeting of the DEVELOPMENT CONTROL COMMITTEE will be held in the COUNCIL CHAMBER, CIVIC CENTRE, CROOK on 1ST FEBRUARY 2007at 6.00 P.M.
AGENDA
Page No.
1. Apologies for absence
2. To consider development control application 3/2006/0897 – Erect 1 – 4 greenhouse at 1 Newfield Farm, Stanhope, Bishop Auckland for Mr M and Mrs H Gayer.
3. To consider development control application 3/2006/1025 – 5 - 8 Variation of condition number 7a of Planning Permission 3/2004/0933, conversion of an agricultural building to 3 live/work units Park House Farm, Oakenshaw for Mr R James.
4. To consider development control application 3/2006/1012 – 9 - 14 Change of use from agricultural land to garden and enclosure of land by post and rail fence (1.2 metre high) at land north and east of Valley View, Thornley Village, Tow Law, Bishop Auckland for Daniel Lister.
5. To consider development control application 3/2006/0786 – 15 - 22 Garage plus boundary wall at land to south of 104 Staindrop Road, West Auckland, Bishop Auckland for Stephen Robinson.
6. To consider development control application 3/2006/0887 – New 23 - 32 Dwelling (Resubmission) at 5/6 Heights Of Alma, Stanley, Crook for Mr. Nutter.
7. To consider development control application 3/2006/0947 – 33 - 37 Submission of reserved matter details (Landscaping) in relation to erection of non-food retail development with associated landscaping and access arrangements at land off A688 and Tindale Crescent By-pass, Tindale Crescent, Bishop Auckland for the Co-operative Group.
8. To consider development control application 3/2006/0894 – 38 - 43 Erection of 32 apartments and 10 houses with associated external works/landscaping at land adjacent to Morland Street, Bishop Auckland for Three Rivers Housing Association.
9. To consider development control application 3/2006/0932 – 44 – 50 Demolish block of 3 garages. Erect new building to create 3 garages with apartment above at buildings south of Newlands Avenue, Bishop Auckland for Mr. Patterson.
10. To consider development control application 3/2006/0967 – 51 - 61 Removal of existing building and erection of new industrial shed at Butterfly Farm, North Road, Tow Law for Mr. Gibson.
11. To consider development control application 3/2007/0020 – 62 - 69 Surface mine, Coal and Fireclay scheme at Park Wall North, near Tow Law for U.K. Coal Mining Ltd.
12. To consider Section 106 agreement, application reference 70 - 72 3/1996/564 – 139 dwellings for Mclean Homes N.E. Ltd land at Etherley Dene Farm, Bishop Auckland.
13. To receive for information appeal decision 3/2006/0332 – 73 - 75 Application for approval of amendments to existing planning approvals for Block 4 (3/2004/0903) and Block 5 (3/2004/0905) at site of former Leyland House Motor Repairs, Tindale Crescent, Bishop Auckland for Cambridge Court Developments Ltd.
14. To receive for information appeal decision 3/2005/0295 – 76 - 79 Implement and lambing shed at West Park Farm, Helme Park, Bishop Auckland, County Durham for Mr. J Pinkney.
15. To consider such other items of business which, by reason of special circumstances so specified the Chairman of the meeting is of the opinion should be considered as a matter of urgency.
Yours faithfully
Chief Executive
Members of this Committee: Councillors Anderson, Mrs Burn, Mrs Douthwaite, Gale, Grogan, Harker, Jago, Mrs Jones*, Kay, Kingston, Laurie, Mrs Lee, Moody, Mowbray, Murphy*, Perkins, Mrs Seabury, Stonehouse, Taylor, Townsend, Des Wilson and Zair.
*ex-officio, non-voting capacity.
Chair: Councillor Laurie
Deputy Chair: Councillor Mrs Seabury
TO: All other Members of the Council for information Management Team AGENDA ITEM 2
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0897 - ERECT GREENHOUSE AT 1 NEWFIELD FARM, STANHOPE, BISHOP AUCKLAND FOR MR. M. AND MRS. H. GAYER - 29.11.2006
description of site and proposals
1. Detailed planning permission is sought for the erection of a greenhouse (measuring 5m long by 2.5m wide by 2.5m to ridge height) for domestic purposes on land outside of the domestic curtilage but attached to 1, Newfield Farm, East Lane, Stanhope.
2. 1 Newfield Farm is one of two recently constructed properties at the head of West Lane, Stanhope. It has a 12metre deep rear garden with a detached garage in the north east corner. The property also includes a 100m by 13m parcel of open land which the applicants have registered as a smallholding. This attached area of land is not in agricultural use nor is it within the domestic curtilage of the property, as defined in the grant of planning permission for the dwellinghouse. This land is outside of the settlement limits for Stanhope, as defined on inset 21 of the WVDLP. Its last use may have been as an access track to the adjacent Newfield Quarry, which now contains grass covered spoil heaps. planning history
3. None recent or relevant. planning policies
4. The following policies of the Wear Valley District Local Plan (WVDLP) are relevant in the consideration of this application:
• GD1 General Development Criteria. • H3 Distribution of Development.
1 consultations
5. Stanhope Parish Council: No response. officer analysis
6. The key issues for consideration are:
• Principle of Development • Visual Impact
principle of development
7. Modest though the proposal appears, the greenhouse would be located outside of the established limits of Stanhope. The application is specifically for “a greenhouse on waste land” and the applicants are not seeking to change the use of the larger area of land on which the greenhouse would be sited. The domestic garden area attached to the host dwelling is considered adequate by current standards and the proposed siting of the greenhouse is just beyond the present garden and detached house.
8. The positioning of a domestic greenhouse some 2 metres beyond the existing garden boundary (and the settlement limits of Stanhope) would not in itself prejudice the limits to development. The proposal is not in conflict with policy H3 of the Wear Valley District Local Plan.
9. If, at a future time, the currently waste land was intended to be incorporated into the residential curtilage of the main dwelling then this would raise more fundamental points of principle.
visual impact
10. The proposed greenhouse would be small (5m long x 2.5m wide x 2.5m to ridge height). It would have an aluminum frame. It would be located behind an existing garage and would not be visible from the public highway. It would not have an adverse visual impact and the proposal accords with policy GD1 of the Wear Valley District Local Plan. objections/observations
11. Occupiers of the surrounding properties have been notified in writing. A site notice has been posted and a notice has been placed in the local press. No representations have been received.
2 conclusion and reason for approval
1. The proposal is modest in scale and impact. On its own it does not prejudice the limits to development established for Stanhope, established in the Wear Valley District Local Plan. The proposal whilst not conforming to policy H3 of the WVDLP does not conflict with it in a material way.
2. The proposed greenhouse would not have an adverse visual impact and the proposal accords with policy GD1 of the Wear Valley District Local Plan.
RECOMMENDED
That planning permission be GRANTED subject to the following condition and reason.
condition
1. This permission is for the erection of the proposed greenhouse only.
2. The use of the greenhouse, hereby approved, shall be solely in association with the use of the main dwellinghouse. reason
1. To determine the scope of this permission. In accordance with policy H3 of the Wear Valley District Local Plan which seeks to define the limits of development of Stanhope.
2. The application is for a domestic greenhouse. In accordance with policy GD1 of the Wear Valley District Local Plan. background information Application files, WVDLP.
PS code 10
No number of days to Committee 64 target achieved
explanation First available Committee.
Officer responsible for the report Author of the report Robert Hope Peter Duff Strategic Director of Environment and Regeneration Planning Officer Date: Ext 220
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3/2006/0897 - ERECT GREENHOUSE AT 1 NEWFIELD FARM, STANHOPE BISHOP AUCKLAND FOR MR. M. AND MRS. H. GAYER - 29.11.2006
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AGENDA ITEM 3
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/1025 - VARIATION OF CONDITION NUMBER 7A OF PLANNING PERMISSION 3/2004/0933, CONVERSION OF AN AGRICULTURAL BUILDING TO 3 LIVE/WORK UNITS - PARK HOUSE FARM, OAKENSHAW FOR MR. R. JAMES - 13.12.2006
1. In accordance with the Planning Portal this application is being reported to Committee because of the close relationship of a member of staff of the Environment and Regeneration Department with the applicant. description of site and proposals
2. Planning permission was granted on 8th November 2004 (ref. 3/2004/0933) for the conversion of an agricultural building on Park House Farm, Oakenshaw, to three live/work units. Condition number 7a) of the permission required that the new windows of the properties created should be of a timber, painted double hung sliding sash type. The applicant wishes to change the proposed windows to a top hung sash look a like style. The reasons given for the proposed amendment are that the proposed windows would be more energy efficient, of more robust construction and would look the same.
planning history
3. None other than the current planning permission (ref. 3/2004/0933) which is in the course of implementation.
planning policies
4. The following policy of the Wear Valley District Local Plan is relevant in the consideration of this application:
• GD1 General Development Criteria.
consultations
5. None.
5 officer analysis
6. The proposed substitution of window type would not significantly alter the external appearance of the development. The top-hung mock sash window when closed looks like a double hung sliding sash type of window. The type proposed is commonly found on new build schemes throughout the District and from a short distance appears the same as traditional sash windows found on older properties. It is only when such a window is open that the fact that it has a top hung opening is revealed. It is not considered that the change in window types will compromise or detract from the architectural integrity of the host building or conflict with policy GD1 of the Wear Valley District Local Plan.
objections/observations
7. As there are no neighbouring properties to the application site only a site notice has been posted. No representations or objections have been received.
conclusion and reasons for approval
1. The planning condition which was imposed on grant of permission to convert the farm building to live/work units was made to maintain the character of the building. The substitution of window types will not diminish the buildings character or final appearance when the conversion works are complete. The provisions of policy GD1 of the Wear Valley District Local Plan are consequently maintained.
RECOMMENDED
That planning permission to vary condition 7a) of planning permission 3/2004/0933 be GRANTED subject to the following condition:
1. All windows shall be timber, painted, sash style with top hung openings.
Informative
For the avoidance of doubt this consent must be read in conjunction with and does not override the provisions of planning permission 3/2004/0933 except for condition 7a) (varied).
background information Application files WVDLP.
PS code 6
number of days to Committee 50 target achieved √
explanation
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Officer responsible for the report Author of the report Robert Hope Peter Duff Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 220
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3/2006/1025 - VARIATION OF CONDITION NUMBER 7A OF PLANNING PERMISSION 3/2004/0933, CONVERSION OF AN AGRICULTURAL BUILDING TO 3 LIVE/WORK UNITS - PARK HOUSE FARM, OAKENSHAW FOR MR. R. JAMES - 13.12.2006
Park House Farm
not to scale (c) Crown Copyright Reserved
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AGENDA ITEM 4
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/1012 - CHANGE OF USE FROM AGRICULTURAL LAND TO GARDEN AND ENCLOSURE OF LAND BY POST AND RAIL FENCE (1.2 METRE HIGH) AT LAND NORTH AND EAST OF VALLEY VIEW, THORNLEY VILLLAGE, TOW LAW, BISHOP AUCKLAND FOR DANIEL LISTER - 07.12.2006
description of site and proposals
1. This application is reported to Committee as it represents a departure from the Wear Valley District Local Plan.
2. Planning permission is sought for the change of use of two plots of land to the north and east of 1 Valley View, Thornley, from agricultural land to garden land. Plot A would measure 20 metres in length by 4 metres in width, whilst Plot B would measure 15 metres in length by 4 metres in width.
3. The proposal also incorporates the erection of a timber fence, which would measure 1.2 metres in height and would run parallel to the existing boundary treatment at the property.
4. The application site consists of a parcel of land to the rear of the domestic curtilage of 1 Valley View, Thornley (Plot A), and a parcel of land to the east of 2 Valley View, Thornley (Plot B). The property is semi detached with the neighbouring property being to the east of the host dwelling. Thornley Village has no settlement limits as identified in policy H3 of the Wear Valley District Local Plan. The host property has a recent detached garage to the west, and garden land to the rear. The garden land is elevated by approximately 1.4 metres from the dwelling, and slopes to the south and east. At present a 1.2 metres high timber fence bounds the rear garden. The application site lies within the Thornley Conservation Area.
5. The applicants have submitted a statement stating that Plot B would be incorporated into the neighbours (2 Valley View) as at present the occupier of 2 Valley View uses a right of access from 1 Valley View to access her rear garden on foot. As such the change of use to Plot B would enable the occupier of 2 Valley View to access the rear of the property from the east of the dwelling.
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planning history
5. There is no planning history relevant to the determination of this application. planning policies
6. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• ENV1 Protection of the Countryside • GD1 General Development Criteria • H3 Distribution of Development • BE6 New Development and Alterations in Conservation Areas consultations
7. DCC Public Rights of Way: No response received.
8. Design and Conservation: No objection.
9. Wolsingham Parish Council: No response received. officer analysis
9. The key issues for consideration are:
• Principle • Visual Impact • Residential Amenity
principle
10. Thornley village does not have defined settlement limits on the Proposals Maps of the Wear Valley District Local Plan, and therefore the entire village may be classed as being in the open countryside for planning purposes. Planning permission is requested for the change of use of open countryside to residential garden area. Therefore, the proposal is in conflict with policy H3 of the Wear Valley District Local Plan. Normally any development for residential use set beyond the settlement boundaries would be unacceptable. However, each application must be determined on its own merits.
11. Policy ENV1 of the Wear Valley District Local Plan seeks to protect the open countryside from development that would have an adverse impact on the countryside. It is considered that the proposal would not be to the detriment of the character and setting of the open countryside as the application site forms a small parcel of land, and would regularise the boundary between domestic curtilage and agricultural land. As such it is considered that this area of countryside does not offer any general public amenity, and change of use to residential garden would not result in the loss of green open countryside.
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12. For the reasons above, it is considered that the change of use of the land to residential garden is acceptable in principle and not contrary to policies GD1 and ENV1 of the Wear Valley District Local Plan.
visual impact
13. Turning to the issue of visual impact, the site is clearly different in appearance to that of land used for agricultural purposes. The proposed boundary treatment to enclose the application site would be in keeping with the host property and the surrounding area in terms of scale, design and materials. The erection of a fence around this parcel of land would not enclose a significant area of countryside and therefore would not be detrimental to the visual amenity of the surrounding area. As the extended garden would have a maximum width of 4 metres there would be no significant corridor effect as a result of the proposal. The proposal accords with policies ENV1 and GD1 of the Wear Valley District Local Plan.
14. The application site is elevated, and its northern boundary is delineated by a stone wall. There are strong field boundaries in this location and it is clear that the application site falls within the confines of the village. The Thornley conservation area is characterised by a very loose built form, with dispersed buildings, in between which are open spaces which are important to the layout and form of the village. Though the site is elevated and is visible from the properties to the west and north of the site, the change of use would not unduly encroach into the countryside to a degree which would harm the character of the landscape in this location. The land is well related to the properties on Valley View, and the village features of this part of Thornley. I consider that the location of the building respects the existing form and layout of the conservation area. As such the proposal accords with policies GD1, ENV1 and BE6 of the Wear Valley District Local Plan.
residential amenity
15. It is considered that the proposed fence would not have an overbearing or overshadowing impact on the host property or the surrounding area. The proposed fence would have a maximum height of 1.2 metres and would follow the slope of the land. As such it is considered that the proposal would not be detrimental to the residential amenity of neighbouring residents. It is considered that the proposal would not undermine policy GD1 of the Wear Valley District Local Plan. objections/observations
16. The application has been advertised on site and local residents have been notified by letter. The application has also been advertised in the press. No comments have been received.
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conclusion and reasons for approval
1. The application site is located in Thornley, which has no limits for development as identified in policy H3 of the Wear Valley District Local Plan, where the principle of development is usually unacceptable. Each application must be determined on its own merits. As neighbouring properties to the north of the site have gardens in the same manner, it is considered that although the proposal is contrary to policy H3, the change of use of the land is acceptable, and not contrary to policies GD1 and ENV1 of the Wear Valley District Local Plan.
2. The change of use of this area of open countryside to private garden and the proposed fencing would not have an adverse visual impact on the host property and would not be detrimental to the surrounding area. The proposal accords with policies ENV1, GD1 and BE6 of the Wear Valley District Local Plan.
3. It is considered that the proposed change of use would not be to the detriment to the amenities of neighbouring properties. The proposal accords with policy GD1 of the Wear Valley District Local Plan. In order to protect visual and residential amenities, a condition is recommended to remove the permitted development rights from the site. This would enable the Council to control future development and prevent the erection of buildings or structures without prior planning approval.
RECOMMENDED
That planning permission be GRANTED subject to the following condition and reason; condition
1. Notwithstanding the provisions of Article 3 and Classes E, F and G of Part 1 and Class A of part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re- enacting that Order with or without modification), none of the categories of development described therein shall be carried out on the site without an application for planning permission having first been made to and approved in writing by the local planning authority. reason
1. The local planning authority wishes to control any future development on this site in order to safeguard visual and residential amenities. In accordance with policies GD1 and ENV1 of the Wear Valley District Local Plan. background information
Application file, WVDLP.
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PS code 1212 number of days to Committee 59 target achieved No explanation Next available committee after consultation deadline.
Officer responsible for the report Author of the report Robert Hope Adam Williamson Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 495
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3/2006/1012 - CHANGE OF USE FROM AGRICULTURAL LAND TO GARDEN AND ENCLOSURE OF LAND BY POST AND RAIL FENCE (1.2 METRE) AT LAND NORTH AND EAST OF VALLEY VIEW, THORNLEY VILLLAGE, TOW LAW, BISHOP AUCKLAND FOR DANIEL LISTER - 07.12.2006
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not to scale (c) Crown Copyright Reserved
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AGENDA ITEM 5
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0786 - GARAGE PLUS BOUNDARY WALL AT LAND TO THE SOUTH OF 104 STAINDROP ROAD, WEST AUCKLAND, BISHOP AUCKLAND FOR STEPHEN ROBINSON - 20.09.2006 introduction
1. Members may recall that this application was called to Committee by a Member, and was deferred at the November 2006 Development Control Committee to allow the applicant to enter into discussions with the planning department over the design and siting of the proposal. .
description of site and proposals
2. Planning permission is requested for the construction of a two storey detached garage on the site of a previous garage, which has been demolished. The proposed garage would measure 5 metres in length, 6 metres in width, 3 metres to the eaves, and 5 metres to the ridgeline. To the first floor the garage would have storage space. The proposal incorporates a dormer window to the second floor, which would face south. The proposal is indicated on the submitted plans to be constructed from red facing bricks and concrete roof tiles. The proposal would incorporate a roller shutter garage door, and would face onto the highway.
3. The boundary walls require retrospective permission as they have already been constructed, being over 1 metre in height adjacent a highway.
4. The application site consists of a triangular piece of land, which has a concrete hardstanding, and red brick boundary walls measuring approximately 1.7 metres in height to the western and southern boundaries, dropping in height to approximately 1 metre in height to the eastern boundary. An existing garage belonging to 104 Staindrop Road, and a 1.5 metre high breeze block wall bound the northern boundary. At present sandstone boulders, pallets of bricks and bags of building sand are currently occupying the site. To the north of the application site is a terrace of 6 dwellings (94-104 Staindrop Road) which face east, whilst to the west of the site is Copeland Road Primary School, which is bounded by 1.7 metre high railings. To the south of the site are mature trees, whilst to the east is a small beck and Staindrop Road. In total the site measures 27 metres in length, 4 metres in
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width at the narrowest point to the south, and approximately 9 metres at the widest point at the north of the site.
5. The site is accessed via an unmade road off Copeland Road, which provides access to the rears of 94-104 Staindrop Road, and vehicular access to the Primary School car park.
planning history
6. The following planning history is considered relevant to the consideration of this application:
• 3/2005/0794 Garage and Boundary Walls Withdrawn 11.10.2005 • 3/2005/0005 Garage and Boundary Walls Withdrawn 05.09.2006
planning policies
7. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• GD1 General Development Criteria • H3 Distribution of Development • T1 Highways - General Policy • T15 Garages
consultations
8. CDE&TS (Highways): No response received at time report was written. If a response is received it will be submitted to Members as a supplementary report.
9. West Auckland Parish Council: The proposal does not look like a detached garage but a rather small house in the making. The design of the garage is extraordinary for a simple double garage. Firstly it is larger than a standard double garage by at least two metres, and secondly it has a dormer window when a velux rooflight may suffice. It would appear that the applicant may wish to gain consent for this garage, build it, then seek a change of use to residential in due course with inserted floor, removal of both doors, glazed windows inserted with car hardstanding at the far end of the site.
10. Environment Agency: The applicant has consent from the Environment Agency and has submitted a description of the proposed works to the Environment Agency. The floodwall has been designed to accept increased loads for the cosmetic wall. The principle was agreed with Ops and enforcement. A 20 year lease has been granted for access through the storage area to maintain the level recorder. The storage area gates will require dual locking agreements, Environment Agency staff will be a keyholder.
16 officer analysis
11. Two previous applications (3/2005/0794 & 3/2006/0005) were withdrawn, as the scale and size of the proposed garage was judged to be not suitable in this location, and also because of concerns over possible hazards to users of the highway. The applicant entered into discussions with the planning case officer, and attended meetings with the Principal Planning Officer and the Head of Development and Building Control, including a site visit before an amended scheme was submitted. Following these discussions the applicant has submitted this revised scheme, consisting of a garage that is narrower and lower than the scheme previously submitted, and has been altered to face the rear access lane.
12. The key issues for consideration are:
• Principle of Development • Design, Scale and Layout • Residential Amenity • Access, Parking and Highway Safety
principle of development
13. The application site is previously developed land situated within the settlement limits of West Auckland, and in a predominantly residential area. The application site is too small to accommodate a new dwelling, and as such, it is considered that another form of development would be best suited to the site. The site previously contained a garage and a coal store, and has been tidied up substantially from when the previous development was demolished. Thus, it is considered in principle, an application to erect a garage on this brownfield site would be acceptable. The proposal accords with policy H3 of the Wear Valley District Local Plan.
design, scale and layout
14. The proposed garage would measure 6 metres in width, 6 metres in length, and 5 metres to the highest point. The proposal incorporates a dormer window to the southern elevation, 3 metres from ground level. The revised garage is 2 metres shorter and 0.5 metres lower than the previous design.
15. It is considered that the proposed garage would be in keeping with the scale and bulk of the neighbouring buildings. The garage is of a typical design with storage above, and would front onto the access lane. The revised site layout means that the hardstanding to the south of the garage would no longer be required to gain vehicular access to the garage. This is considered to be a more acceptable scheme than the previous site layout, in terms of highway safety, and in design terms. As such it is considered that the design and layout of the proposal accords with policy GD1 of the Wear Valley District Local Plan.
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residential amenity
18. The proposed garage is located approximately 12 metres to the south of 104 Staindrop Road, which is the nearest residential dwelling. It is considered that due to the orientation and positioning of the garage, occupiers of 104 Staindrop Road would not be adversely affected in terms of loss of light. There may be some impact on sunlight at certain times of the day at certain times of the year, however it would not be to an extent that would warrant a refusal of this application. There are no dwellings immediately to the south, west or east of the site, the nearest dwelling being approximately 50 metres to the east. The proposal would not conflict with policy GD1 of the Wear Valley District Local Plan.
19. As the only windows would be to the southern elevation, it is considered that the proposal would not result in any loss of privacy to occupiers of surrounding dwellings, or create any detrimental overbearing or overshadowing effects to neighbouring occupiers. In order to protect residential amenity, a condition is recommended so that no business use can be carried out from the site. The proposal accords with policy GD1 of the Wear Valley District Local Plan.
access, parking, and highway safety
20. The site would be accessed via an unmade access road that runs along the rear of 94 -104 Staindrop Road. At the point where the garage would be located, there would be a distance of 6 metres between the garage and the opposite side of the rear lane. It is considered that there would be sufficient vehicular manoeuvering space for vehicles to enter/exit the proposed garage, and the proposal meets the criteria set out in policy T15 of the Wear Valley District Local Plan. The proposal would incorporate a roller shutter door so when open the door would not obstruct or overhang the highway. The proposal accords with policies GD1 and T15 of the Wear Valley District Local Plan. objections/observations
21. Occupiers of the surrounding properties have been notified in writing and a site notice was also posted.
5 letters of objection/observation have been received, the details of which are set out below:
a) It is too close to the school. b) There is not adequate turning space for large vehicles. c) It would cause an increase in vans going up and down the lane. d) The lane is not very good. e) The lane is not wide enough for vans. f) Why is the garage 5 metres in height? g) The proposal will encourage children to throw rubbish into the beck. h) How have the boundary walls been built without planning permission? i) Due to the size of the garage it is not for residential use.
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j) Due to Mr. Robinsons building work, where cars could once turn around, they cannot. k) Will the Environment Agency retain access to the flood defence warning system?
response to objections
22. The following comments are made in response to the issues raised:
a) It is considered that the proposal does not impact on the school. b) It is considered that the proposal incorporates adequate manoeuvering space for private motor vehicles. c) It is considered that the proposal would not cause the volume of traffic to exceed the capacity of the local highway network. d)&e) It is considered that the proposed garage would have adequate access. f) The garage incorporates storage to the roofspace. g) Not a material planning consideration. h) The applicant is seeking retrospective planning permission for the boundary walls following investigation by the Planning Enforcement Officer. i) Controlled by condition. j) It is considered that adequate turning space would be retained after the proposal has been constructed. k) This cannot be controlled by the planning process. There is an agreement between the Environment Agency and the applicant.
conclusion
1. The site is located within the settlement limits of development to West Auckland, and is a brownfield site. As such the proposal is considered acceptable in relation to policy H3 of the Wear Valley District Local Plan.
2. It is considered that the scale and design of the proposed garage and the external appearance are appropriate for the area and as such the proposal is acceptable under policy GD1 of the Wear Valley District Local Plan.
3. The access and parking arrangements are satisfactory. The proposal would not cause a hazard to users of the highway, and due to a condition restricting the use of the garage, the development would not cause traffic generation that would exceed the capacity of the road network. It is considered that the proposal is in accordance with policies GD1, T1 and T15 of the Wear Valley District Local Plan.
4. The proposed garage would not have an adverse effect on the residential amenities of neighbouring dwellings in terms of overbearing and overshadowing impacts or in terms of loss of privacy. A condition is recommended to prevent business use of the garage. The proposal accords with policy GD1 of the Wear Valley District Local Plan.
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conditions
1. Before the development hereby approved is commenced samples of all materials to be used in the construction of the external surfaces of the garage shall be submitted to and approved in writing by the local planning authority, and the external surfaces shall be constructed in accordance with the approved details.
2. Before the development hereby approved is commenced the exact location of the proposed garage shall be pegged out on site for inspection and approval in writing shall be obtained from the Strategic Director for Environment and Regeneration. The development shall be built in the location agreed.
3. Before the garage is brought into use a roller shutter door shall be fitted to the elevation facing the back street and thereafter the roller shutter door shall be retained.
4. The garage hereby approved shall not be used other than for the accommodation of private motor vehicles, no trade of business shall be carried out therein. reasons
1. To ensure the satisfactory appearance of the completed development. In accordance with policy GD1 of the Wear Valley District Local Plan.
2. For the avoidance of doubt. In accordance with policy GD1 of the Wear Valley District Local Plan.
3. To ensure that the door when open will not obstruct or overhang the highway. In the interests of the safety of pedestrians and motorists. In accordance with policies GD1, T1 and T15 of the Wear Valley District Local Plan.
4. To safeguard the occupiers of adjacent premises from undue noise, traffic generation or other loss of amenity arising from the use of the proposed garage for trade or business purposes. In accordance with policy GD1 of the Wear Valley District Local Plan. background information Application files, WVDLP.
PS code 10
134 number of days to Committee target achieved √ explanation Application was deferred at November 2006 Development Control Committee to allow the applicant to enter into discussions with the local planning authority to amend the design and siting of the proposal.
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Officer responsible for the report Author of the report Robert Hope Adam Williamson Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 495
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3/2006/0786 - GARAGE PLUS BOUNDARY WALL AT LAND TO THE SOUTH OF 104 STAINDROP ROAD, WEST AUCKLAND, BISHOP AUCKLAND FOR
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AGENDA ITEM 6
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0887- NEW DWELLING (RESUBMISSION) AT 5/6 HEIGHTS OF ALMA, STANLEY, CROOK FOR MR. NUTTER - 16.10.2006 - AMENDED 02.01.2007 AND 18.01.2007
description of site and proposals
1. Planning permission is sought for the erection of a detached single dwelling on land at Heights of Alma in Stanley Crook. The proposal is for a three bedroom property including a bathroom, sitting room and a kitchen/breakfast area. The proposal is a two storey development which incorporates a room in the roof space and includes a dormer window to the rear of the property. A double garage is proposed to the front of the property. The proposal also includes a rear garden.
2. The site to which the application relates is an area of land located beside a woodcraft shop with residential over in a predominantly residential area within the settlement limits of development for Stanley Crook as allocated on the Proposal Maps of the Wear Valley District Local Plan. The application site has a history of housing on it and it can be seen from the Ordnance Survey map that at one stage the site had 2 no. ‘back to back’ houses attached to the gable end of the woodcraft shop. The woodcraft shop has residential premises at first floor level. There is a first floor window to a habitable room in the west elevation of the woodcraft building which directly overlooks the application site. Planning permission was granted in 2005 for a single dwelling to the rear of the woodcraft shop building. This single dwelling would have a window to a habitable room at first floor level set 11.5 metres away from the boundary of the application site facing towards the proposed dwelling. The main highway with terraced properties set beyond are located directly to the north. Open fields, within the applicant's ownership, are located to the west and south. planning history
3. The following planning history is considered relevant to the consideration of this application:
• 3/2004/0286 Erection Single Dwelling (Outline) Approved 14.06.2004 • 3/2006/0456 New Dwelling Withdrawn 12.072006
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Site to the east of the application site:
• 3/2005/0191 New Dwelling Approved 03.05.2005 planning policies
4. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• GD1 General Development Criteria • H24 Residential Design Criteria • H3 Distribution of Development • T1 Highways - General Policy consultations
5. Durham County Council (Highways Authority): No objections subject to the following comment;
The proposed dwelling must be served by a new vehicular access. The access must be constructed in accordance with Section 184(3) of the Highways Act 1980. The applicant must contact the Durham County Council Southern Area Office to agree access construction details.
6. Environment Agency: No objections.
7. Northumbrian Water: The developer should make contact with Northumbrian Water. officer analysis
8. The key issues for consideration are:
• Principle of Development • Visual Impact • Residential Amenity • Access and Parking Arrangements
principle of development
9. Planning permission is sought for the erection of a single dwelling within the settlement limits of development for Stanley Crook as allocated on the Proposal Maps of the Wear Valley District Local Plan. The application site is located within a residential area and as such the principle of development is considered acceptable under policy H3 of the Wear Valley District Local Plan. Outline planning permission was granted on this site in 2004. The principle of development is therefore already established on the application site.
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visual impact
10. The design of the proposed dwelling, to a certain extent, is dictated by the existing woodcraft property to the east of the site. Due to the first floor habitable window in the gable elevation of the woodcraft property, the proposed dwelling has to be set back further into the site. The proposed double garage at the front of the site would be set lower than the neighbouring window. The design of the proposed property has been amended from the original scheme submitted. The proposed property has a more square design which relates well to the existing woodcraft property. The main view of the proposed property would be from the north and on approach from the west. The height of the proposed property is to be only 400 mm higher than the woodcraft property, and it is therefore considered that the proposed property would not appear overly prominent within the street scene.
11. It is noted that the front elevation of the woodcraft property is set up against the highway. Planning permission has also been granted for a single dwelling to be situated to the rear of the woodcraft property which would be set back from the main highway by approximately 17 metres. The setting back of the proposed property from the highway would not look out of keeping with the dwellings to the east of the site and would not have a detrimental impact on the appearance of the surrounding area.
12. It has been indicated on the plans that the proposed property would be constructed from red facing brickwork and natural grey slates for the roof. There are a mixture of different housing materials in the near vicinity and it is considered that a property built from red brickwork and grey slates would not look out of place in this location.
13. It is considered that the proposed property would not have a detrimental effect on the appearance of the nearby properties and would not have an adverse impact on the visual amenity of the surrounding area. The proposal is not contrary to the aims of policy GD1 of the Wear Valley District Local Plan.
residential amenity
14. The habitable windows in the proposed building would be primarily situated in the west and south elevations. There would be one window to a habitable room at first floor level in the north elevation. There would be no windows to habitable rooms in the east elevation. Given the land to the south and west is within the applicant's ownership, there would be no overlooking issues as a result from the windows in the south and west elevations of the proposed property. The neighbouring properties to the north are situated over 21 metres away from the proposed habitable window in the north elevation of the proposed property which ensures adequate levels of privacy would be maintained.
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15. The proposal has been sensitively designed to ensure the first floor habitable window in the west elevation of the woodcraft property is not adversely affected by the proposed property. It is considered that the main bulk of the proposed property would be set back a sufficient distance and would not adversely affect the outlook from the window in the west elevation of the woodcraft property. The relationship between the proposed window in the north elevation and the existing window in the west elevation of the woodcraft property is considered to be acceptable. There is a 45 degree angle between the two windows, therefore it is considered that the occupiers of the existing woodcraft property and the future occupiers of the proposed property would not be adversely affected by loss of privacy.
16. As previously stated, planning permission has been granted for a single property to the rear of the woodcraft property. There would be a bedroom window at first floor level which would be 12.5 metres away from the east elevation of the proposed property. There are no habitable windows proposed in the east elevation of the property. It is considered that the separation distance between the two properties would be acceptable in this instance. The dwelling which has been granted planning permission is set further south than the proposed property. The outlook from the bedroom on the west elevation of the dwelling which has been granted planning permission is considered to be acceptable. The residential amenities of the future occupiers of the dwelling which has been granted permission would not be compromised.
17. The original scheme submitted provided a rear garden with a depth of only 4 metres. The proposed scheme was amended and the sun lounge to the rear of the property was removed. This in turn increased the rear garden depth to 7 metres. The proposed rear garden measures 7 metres in length by 10 metres in width. Overall the rear garden would measure 70 square metres. It is considered that sufficient private and useable amenity space would be provided within the proposal.
18. The proposed development would not have an adverse impact on the residential amenities of existing and future occupiers of neighbouring properties and the proposed dwelling. The proposal does not compromise the aims of policies GD1 and H24 of the Wear Valley District Local Plan.
19. To ensure the local planning authority can protect the amenities of existing and future residents a condition is recommended removing permitted development rights.
access and parking arrangements
21. The proposed scheme intends access to the site to be taken directly from the north. The proposal incorporates a double garage with a driveway measuring 5.5 metres in length. The proposal therefore provides sufficient amounts of off street parking. Durham County Council (Highways Authority) has been consulted and no objections have been raised to the proposed scheme providing the access is constructed to an acceptable standard. A condition is imposed ensuring an acceptable access is constructed.
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22. The proposed access and parking arrangements are considered to be acceptable and would not have a detrimental impact on the safety of pedestrians and vehicle users. The proposal satisfies the aims of policies GD1 and T1 of the Wear Valley District Local Plan.
objections/observations
23. Occupiers of the surrounding properties have been notified in writing and a site notice was also posted. Five letters of objections have been received. After the amended plans were received, the objectors were re-consulted and sent a copy of the amended plans. They were offered a further 7 days to comment on the amended plans. No further comments were received. The contents of the original five letters of objections are summarised below:
(a) The gable end of the proposed dwelling would be 9 metres from a habitable room in the property recently granted planning permission to the east of the application site. (b) The site has encroached onto the agricultural land to the south and west. (c) Over development of the site. (d) The windows in the west elevation are intrusive. (e) Overlooking issues from the roof terrace. (f) The measurements on the plans showing the boundaries are still ambiguous and the site plan boundaries are different from the previous application which was withdrawn. (g) The application site proposed is over the settlement boundary. (h) A rear garden depth of 10 metres is not provided within the proposed scheme. (i) The proposed roof line is higher than the neighbouring woodcraft property. (j) The footprint of the proposed property covers most of the application site. (k) The proposal does not relate to the street scene. (l) An existing wall has been removed and the site is extending onto a green belt. (m) Devaluation of neighbouring properties. (n) Loss of view. (o) The property is too far back in the plot and should be brought forward. response to objections
24. The following comments are made in response to the issues raised by the objectors:
(a) Taking measurements from the approved plans of the new dwelling to the east of the application site, the distance measures 12.5 metres. As discussed in officer analysis, this distance is considered acceptable. (b) The application site measures 29 metres in depth by 11 metres in width. Although the application site is larger than what was approved in the outline application, the proposed site is within the settlement boundaries of Stanley Crook as allocated on the Proposal Maps of the Wear Valley District Local Plan.
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(c) The proposal is for a two storey building which provides sufficient amounts of garden area and acceptable parking. The proposal is not considered to be over development. (d) The windows in the west elevation overlook open fields which are in the applicant's ownership. They would not be intrusive to neighbouring properties. (e) The roof terrace has been removed from the proposed scheme. There would be no issue of overlooking. (f) Although the measurements may be different from the previous application which was withdrawn, this is a new application and the measurements do not need to match. As stated previously the application site is within the settlement boundaries of Stanley Crook. (g) The application site is within the settlement boundaries of Stanley Crook as defined by the Proposal Maps of the Wear Valley District Local Plan. (h) The rear garden depth of the proposal has been increased from the original scheme which was submitted. The length of the rear garden measures 7 metres with the width measured at 10 metres. This garden area is considered sufficient to provide private and useable amenity space for the future occupiers of the property. (i) Agreed, however the difference is approximately 400 mm which is considered minimal. The proposal would not appear overbearing within the street scene. (j) Disagree. There is sufficient space maintained for garden area and parking. (k) Discussed in officer analysis. (l) Planning permission is not required for the demolition of a wall. There are no green belts in Stanley Crook. (m) Not a material planning consideration. (n) Not a material planning consideration. (o) The proposed property cannot be brought further forward on the site as it would then adversely affect the outlook from the first floor window in the neighbouring woodcraft property. conclusion and reasons for approval
1. Planning permission is sought for the erection of a single dwelling within the settlement limits of development for Stanley Crook as allocated on the Proposal Maps of the Wear Valley District Local Plan. The application site is located within a residential area and as such the principle of development is considered acceptable under policy H3 of the Wear Valley District Local Plan. Outline planning permission was granted on this site in 2004. The principle of development is therefore already established on the application site.
2. The design of the proposed dwelling, to a certain extent, is dictated by the existing habitable first floor window in the woodcraft property to the east of the site. The main bulk of the property is a simple box design which matches the appearance of the woodcraft property. The proposed property including the property which has been granted planning permission to the rear of the woodcraft property would create a cluster of dwellings. It is considered that the proposed property would not have a detrimental effect on the appearance of the nearby properties and would not have an adverse impact on the visual
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amenity of the surrounding area. The proposal is not contrary to the aims of policy GD1 of the Wear Valley District Local Plan.
3. Given the constraints of the site, a sensitive design has been achieved in order to avoid any loss of privacy or overbearing impacts upon neighbouring properties. The property has been set back into the site therefore there would be no loss of privacy to the habitable window in the gable elevation of the woodcraft property. The terraced properties to the north are located over 21 metres away from any proposed habitable windows. There is a new dwelling which has been granted planning permission to the east of the site. A bedroom window in this property would be located 12.5 metres from the gable elevation of the proposed dwelling. There would be no habitable windows in the east elevation of the proposed property. It is considered that the outlook of the approved property to the east would not be compromised. Overall the proposed scheme provides a rear garden measuring 70 square metres. It is considered that sufficient private and useable amenity space would be provided within the proposal. The proposed development would not have an adverse impact on the residential amenities of existing and future occupiers of neighbouring properties and the proposed dwelling. The proposal does not compromise the aims of policies GD1 and H24 of the Wear Valley District Local Plan.
4. Durham County Council (Highways Authority) have not objected to the proposed development. The proposed access and parking arrangements are considered to be acceptable and would not have a detrimental impact on the safety of pedestrians and vehicle users. The proposal satisfies the aims of policies GD1 and T1 of the Wear Valley District Local Plan.
RECOMMENDED
That planning permission be GRANTED subject to the following conditions and reasons;
conditions
1. No development shall take place until samples of all materials to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
2. No development shall commence until the exact location of the proposed building has been pegged out on site for inspection and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
3. Before the development hereby approved is commenced details of the height, siting, appearance and construction of all means of enclosure to be erected upon the site shall be submitted to and approved in writing by the local planning authority, and the works shall be carried out in accordance with such approved details before the building hereby approved is occupied.
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4. Notwithstanding the provisions of Article 3 and Classes A, B, C, D, E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), none of the categories of development described therein shall be carried out on the site without an application for planning permission having been first made to and approved in writing by the local planning authority.
5. Notwithstanding any other details shown on the plans hereby approved, the windows and any other glazing to be inserted in the east elevation of the dwelling shall, up to a minimum height of 1.7 metres above finished floor level, be fixed shut (without any opening mechanism) and glazed in obscure glass of factor 3 or above. The windows shall thereafter be retained as such.
6. Before use of the building hereby approved is commenced the vehicular access shall be constructed in accordance with Section 184 (3) of the Highways Act 1980. reasons
1. To ensure the satisfactory appearance of the completed development. In accordance with policy GD1 of the Wear Valley District Local Plan.
2. For the avoidance of doubt. In accordance with policy GD1 of the Wear Valley District Local Plan.
3. To achieve a satisfactory form of development. In accordance with policy GD1 of the Wear Valley District Local Plan.
4. The local planning authority wishes to control future development on this site in order to safeguard residential amenities. In accordance with policy GD1 of the Wear Valley District Local Plan.
5. In the interests of the amenity of neighbouring properties. In accordance with policy GD1 of the Wear Valley District Local Plan.
6. To ensure adequate vehicular access arrangements. In accordance with policies T1 and GD1 of the Wear Valley District Local Plan. background information Application files, WVDLP.
PS code 6
number of days to Committee 107 target achieved No
explanation Seeking amendments to the scheme.
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Officer responsible for the report Author of the report Robert Hope Chris Baxter Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 441
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3/2006/0887 - NEW DWELLING (RESUBMISSION) AT 5/6 HEIGHTS OF ALMA, STANLEY, CROOK FOR MR. NUTTER - 16.10.2006 - AMENDED 02.01.2007 AND 18.01.2007
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not to scale (c) Crown Copyright Reserved Meadowfield House
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AGENDA ITEM 7
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0947 - SUBMISSION OF RESERVED MATTER DETAILS (LANDSCAPING) IN RELATION TO ERECTION OF NON-FOOD RETAIL DEVELOPMENT WITH ASSOCIATED LANDSCAPING AND ACCESS ARRANGEMENTS AT LAND OFF A688 AND TINDALE CRESCENT BY-PASS, TINDALE CRESCENT, BISHOP AUCKLAND FOR THE CO-OPERATIVE GROUP-30.11.2006
description of site and proposals
1. The application site is located between the A688 road and the A6072 road. To the west is a gasholder station and a body repair business. To the east is the new commercial development. To the north of the site is a housing estate. To the south is the Romanway Industrial Estate.
2. The application seeks reserved matter approval for the landscaping of the site.
3. The application for reserved matters approval (Ref: 3/2004/0969) for siting, means of access, design and external appearance was approved on 27th January 2005 at the Development Control Committee. It was considered that due to the limited details submitted in the application ref: 3/2004/0969, it was not possible to discharge the reserved matter for landscaping. planning history
4. There have been a number of applications for planning permission on this site including:
• 3/1989/0303 Petrol Filling Station and Retail Approved 04.12.1989 Kiosk • 3/1992/0187 Petrol Filling Station and Car Approved 20.05.1992 Wash • 3/1993/0614 Food Store Refused 05.01.1994 • 3/1995/0129 Food Store and Parking Area Refused 19.04.1995 • 3/1995/0373 New Car Park and Vehicle Approved 26.07.1995 Storage Building
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• 3/1997/0145 Petrol Filling Station and Approved 14.05.1997 Car Wash • 3/2001/0021 Outline Planning Permission for Approved 21.11.2001 Bulky Goods • 3/2004/0881 Variation Condition 2 of Approved 21.12.2004 Permission 3/2001/0021 • 3/2004/0969 Erection of Retail Unit Approved 27.01.2005 (Reserved Matters) planning policies
5. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• GD1 General Development Criteria • I8 Bulky Goods Retailing consultations
6. None. officer analysis
7. The key issue for consideration is:
• Visual Amenity
visual amenity
8. The principle of development, siting, means of access, design and external appearance have all been considered acceptable in the previous application 3/2004/0969. The committee report for planning application 3/2004/0969 commented on the landscaping:
‘The landscaping details submitted with the application are somewhat limited however they do indicate the introduction of landscaping belts along the western boundary of the site to soften the boundary with the gas holder. Landscaping is also proposed along the eastern and western edges of the building itself, which would help to break up the mass of the building. Finally an area of landscaping is proposed to the southern entrance of the site. The sketch proposals are generally acceptable. However due to the limited details submitted it is not possible to discharge this reserved matter.’
9. The landscaping scheme proposed in this application is much more detailed. Landscaping is proposed along the western boundary of the car park and along the western and eastern edges of the building itself. Further landscaping is proposed along the south boundary of the site next to the entrance to the car park and along the north boundary. The proposed scheme indicates that two different species of trees and ten different species of shrubs are to be included within the landscaping.
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10. The proposed landscaping scheme is considered acceptable as the proposed trees and shrubs would soften the boundaries of the site and break up the mass of the main building. The proposals satisfy the aims of policy GD1 of the Wear Valley District Local Plan. objections/observations
11. The application has been advertised on site and in the local press. The occupiers of neighbouring properties have been notified individually in writing of the proposal. No representations have been received. conclusion and reasons for approval
1. The landscaping scheme proposed in this application is much more detailed than what was previously incorporated in the previous permission ref:3/2004/0969. Landscaping is proposed along the western boundary of the car park and along the western and eastern edges of the building itself. Further landscaping is proposed along the south boundary of the site next to the entrance to the car park and along the north boundary. The proposed scheme indicates that two different species of trees and ten different species of shrubs are to be included within the landscaping. The proposed landscaping scheme is considered acceptable as the proposed trees and shrubs would soften the boundaries of the site and break up the mass of the main building. The proposals satisfy the aims of policy GD1 of the Wear Valley District Local Plan.
RECOMMENDED
That, the reserved matter for landscaping be APPROVED subject to the following condition and reason; condition
1. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed, are severely damaged or become seriously 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. reason
1. To ensure the implementation of the approved landscape scheme within a reasonable time. In accordance with policy GD1 of the Wear Valley District Local Plan. background information Application files, WVDLP.
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PS code 4 number of days to Committee 63 target achieved 9 explanation
Officer responsible for the report Author of the report Robert Hope Chris Baxter Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 441
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3/2006/0947 - SUBMISSION OF RESERVED MATTER DETAILS (LANDSCAPING) IN RELATION TO ERECTION OF NON-FOOD RETAIL DEVELOPMENT WITH ASSOCIATED LANDSCAPING AND ACCESS ARRANGEMENTS AT LAND OFF A688 AND TINDALE CRESCENT BY-PASS, TINDALE CRESCENT, BISHOP AUCKLAND FOR THE CO-OPERATIVE
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AGENDA ITEM 8
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2006
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0894 - ERECTION OF 32 APARTMENTS AND 10 HOUSES WITH ASSOCIATED EXTERNAL WORKS/LANDSCAPING AT LAND ADJACENT TO MORLAND STREET, BISHOP AUCKLAND FOR THREE RIVERS HOUSING ASSOCIATION - 10.11.2006
description of site and proposals
1. The application site comprises a broadly triangular shaped area of land measuring approximately 0.5ha at the eastern end of Morland Street. There are several industrial/commercial buildings located in the western part of the site. The remainder of the land is used for storage in association with the existing roofing business which operates from one of the industrial buildings to the west. There are several temporary buildings situated within the site.
2. Outline planning permission is sought for the residential development of the site. Originally consideration was to be given to the proposed access and siting of the dwellings however the applicant has now confirmed that these matters will be reserved for future consideration.
3. To the north and east of the site are the existing bus depot buildings and the TA Centre respectively, as well as a commercial building / workshop. West of the site are the terraced properties of Low Melbourne Street. South of the site is St Andrew’s Road, beyond which are the residential dwellings of Bedford Court.
4. The application has been made by Three Rivers Housing Association who have indicated that the delivery of a certain element of affordable housing on the site forms part of the submission although details have not been specified at this stage.
5. Illustrative plans have been submitted with the scheme to give an idea of the scale and appearance of the proposal. While these details are not acceptable at this stage, they do illustrate that a suitable scheme could be introduced on the site at the scale suggested in the application. The application suggests that the site can accommodate 32 apartments and 10 houses.
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planning history
6. A number of applications have been received relating to the industrial use of the site, however none are considered relevant to this application. Permission was granted in outline for residential development on this site on 15th March 2000 (Ref: 3/2000/0050) and again on 29th April 2003 (Ref: 3/2003/0168). This application seeks to establish a new outline consent on the land. planning policies
7. The following policies of the WVDLP are relevant in the consideration of this application:
• H3 Distribution of Development • H15 Affordable Housing • H24 Residential Design Criteria • GD1 General Development Criteria • T1 Highways – General Policy • RL4 Childrens Play and Space Target • RL5 Sport and Recreation Target
Also relevant is PPS3 "Housing".
consultations
8. CDE&TS (Highways): Initially objected to the scheme due to concerns about the dimensions and access into the site. However this issue has now been addressed and the objections have been withdrawn.
9. Coal Authority: Technical advice has been provided.
10. Northumbrian Water: It is recommended that the developer make early contact with the New Development Team.
officer analysis
11. The key issues for consideration are:-
• Principle of Development • Residential Amenity • Highway Safety • Off Site Play/Recreation
principle of development
12. The site is a previously developed site located within the limits to development for Bishop Auckland as defined by the Wear Valley District Local Plan, where new residential development is acceptable in principle provided that the requirements of other policies within the local plan can be met. The site is not allocated for any other purpose despite having been used commercially in the past. The proposed development therefore accords with policy H3 of the Wear
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Valley District Local Plan. Residential development of the site was considered acceptable when outline planning permission was granted in March 2000 and again in April 2003. Other than falling within the new regime for outline planning applications, this application does not differ significantly from the previous proposal.
residential amenity
13. All matters in respect of the proposed development have been reserved for future consideration. However, the site is of sufficient size to accommodate development achieving adequate levels of residential amenity. A landscaping scheme and appropriate boundary treatment will be required as part of the detailed scheme. Details of the proposed site levels will also be required, particularly if access is proposed from St Andrews Road, as there is currently a significant difference in the existing site levels in this location. It is considered that due to the central location of the site, the density requirement should be between 50-100 dwellings per hectare (pro rata).
14. There is an issue of noise from the existing bus depot, which operates at unsociable hours. However, it is considered that noise attenuation measures can be secured by a combination of layout, landscaping, fencing and triple glazing where necessary. A condition to this effect is recommended. As such the future development may accord with policies GD1 and H24 of the Wear Valley District Local Plan in this respect.
highway safety
15. The area currently suffers from a degree of traffic congestion mainly due to the levels of on-street parking generated by nearby land uses and the proximity of the site to the town centre. Both Morland Street and St. Andrew's Road are adopted highways and access meeting current visibility standards can be achieved. No highway objection is raised to the proposed development and CDE&TS (Highways) is confident that a suitable access can be achieved into the site. I am satisfied that the detailed access arrangements will accord with policies GD1 and T1 of the Wear Valley District Local Plan.
off site play/recreation
16. Given that the application site is to be developed by a Registered Social Landlord with an element of affordable housing, it is not considered appropriate in these circumstances to seek a contribution for off-site play and recreation in accordance with policies RL4 and RL5 of the adopted Local Plan. objections/observations
17. The occupiers of the surrounding properties have been notified in writing and a site notice has been posted. The application has also been advertised in the local press.
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18. Two letters of objection have been received. Their contents are summarised below:
(a) The bus depot adjacent to the site operates at unsociable hours. There is an engineering workshop situated within the depot, where buses are repaired, cleaned and refueled early in the morning and late at night. There is therefore a conflict between the existing use here and the proposed use of the application site for residential purposes. (b) Concern is expressed about the parking arrangements around the site.
response to objections
19. The following is a response to the above objections:
(a) There is an issue of noise from the existing bus depot, which operates at unsociable hours. However, it is considered that noise attenuation measures can be secured by a combination of layout, landscaping, fencing and triple glazing where necessary. A condition is suggested to overcome these concerns. As such, it is considered that the future development may accord with policies GD1 and H24 of the Wear Valley District Local Plan in this respect.
(b) Many of the issues raised relate to the difficulties caused by existing facilities close to the application site. These matters are outside the control of the applicant. CDE&TS (Highways) has considered the application and is satisfied that the proposal will not have a detrimental impact on highway safety. Adequate off road car parking can be provided within the application site. conclusion
1. The site is brownfield, with poor quality industrial buildings close to a number of residential properties. It is considered to be in the wider benefit of the surrounding area that the site is re-developed for residential purposes. The development is acceptable in principle, as the site is centrally located within the settlement boundaries of Bishop Auckland. Subject to a condition requiring noise mitigation measures, the development is considered acceptable. Adequate access and layout can be achieved in accordance with policies GD1, H24, H3 and T1 of the Wear Valley District Local Plan.
RECOMMENDED
That outline planning permission be GRANTED subject to the following conditions and reasons; conditions
1/2. Standard Outline Conditions (a) the layout of the building(s); b) the appearance of the development proposed; c) scale of the buildings; d) landscaping of the site; e) access.
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3. The development hereby approved shall not be commenced until a scheme for protecting the proposed dwellings from noise from the bus depot to the north west of the site has been submitted to and approved in writing by the local planning authority; all works which form part of this scheme shall be completed before any of the permitted dwellings are occupied.
4. The application site shall contain an element of affordable housing details of which shall be submitted to the local planning authority for approval concurrently with the submission of the reserved matters. The development shall not be commenced until the details of affordable housing are approved in writing by the local planning authority. reasons
1/2. Standard outline reasons.
3. In the interests of the residential amenity of the occupiers of the dwellings hereby approved. In accordance with policies GD1 and H24 of the Wear Valley District Local Plan.
4. To ensure that some provision is made for disadvantaged groups in accordance with policy H15 of the Wear Valley District Local Plan.
background information Application files, WVDLP, PPS3.
PS code 1 number of days to Committee 86 target achieved √ explanation
Officer responsible for the report Author of the report Robert Hope Jeremy Good Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 220
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3/2006/0894 - ERECTION OF 32 APARTMENTS AND 10 HOUSES WITH ASSOCIATED EXTERNAL WORKS/LANDSCAPING AT LAND ADJACENT TO MORLAND STREET, BISHOP AUCKLAND FOR THREE RIVERS HOUSING ASSOCIATION - 10.11.2006
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AGENDA ITEM 9
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0932 - DEMOLISH BLOCK OF 3 GARAGES. ERECT NEW BUILDING TO CREATE 3 GARAGES WITH APARTMENT ABOVE AT BUILDINGS SOUTH OF NEWLANDS AVENUE, BISHOP AUCKLAND FOR MR. PATTERSON – 02.11.2006
description of site and proposals
1. Planning permission is sought for the construction of a garage block with an apartment above. The garage block would incorporate three garage units. Two of the garage units are to be linked with the two properties recently approved on the site opposite under planning permission ref: 3/2006/0931. The third garage would be utilised by the proposed above apartment. The application incorporates the demolition of the existing garage block. The proposed building would have a footprint of 11.8 metres by 6.5 metres. The building would reach a height of 5.1 metres to eaves level and 7.5 metres to the ridge level.
2. The application site comprises of a derelict garage block situated on land to the south of Newlands Avenue in Bishop Auckland. To the west is neighbouring property No. 5 Newlands Avenue, with neighbouring property No. 4 Newlands Avenue to the north. The car park of the Working Mens Club is to the south and east of the application site. The Working Mens Club building is located to the east. The highway is situated directly north.
planning history
3. Land situated to the east of No. 4 Newlands Avenue:
• 3/2006/0931 2 No. New Dwellings Approved 05.01.2007
planning policies
4. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• GD1 General Development Criteria • H24 Residential Design Criteria
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• H3 Distribution of Development • T1 Highways - General Policy • T15 Garages consultations
5. Durham County Council (Highways Authority): No objections subject to the following comments:
The proposed garage must be served by a new vehicular access. The access must be constructed in accordance with Section 184(3) of the Highways Act 1980. The applicant must contact the Durham County Council Southern Area Office to agree access construction details.
The garage doors shall be of a type which on opening and closing does not protrude over the highway and shall be fully retractable when in the open position.
6. Durham County Council (Design/Conservation): No objections.
7. Northumbrian Water: The developer should make contact with Northumbrian Water.
8. Environment Agency: No objections. officer analysis
9. The key issues for consideration are:
• Principle of Development • Visual Impact • Residential Amenity • Access and Parking Arrangements
principle of development
10. Planning permission is sought for the erection of a block of 3 garages and an apartment within the limits of development for Bishop Auckland as allocated on the Proposal Maps of the Wear Valley District Local Plan. The application site is located within a predominantly residential area and as such the principle of the development is considered acceptable under policy H3 of the Wear Valley District Local Plan.
visual impact
11. The site is currently in a derelict state with the existing garage block in a dilapidated state. Given the poor state of repair it is considered that the existing garage block detracts from the appearance of Newlands Avenue and the surrounding area.
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12. The application seeks to demolish the existing garages and replace them with a new garage block with an apartment set above. The proposal shows a simple design and the appearance of the proposed development is considered to be acceptable in this location and would not appear out of scale or proportion with the neighbouring properties. Conditions are recommended with regards to external materials to ensure the satisfactory appearance of the finished development. It is considered that the proposal would be a significant improvement to the existing building. The proposed development would not be detrimental to the appearance of the street scene or the character of the area and as such the design of the proposal is considered to be in accordance with policy GD1 of the Wear Valley District Local Plan.
residential amenity
13. There are to be no windows in the west elevation of the proposed apartment. There would be a dining room window in the east elevation which would look onto the rear of the Working Mens Club. From this aspect adequate levels of privacy would be achieved for the proposed apartment. The main windows would be located in the south elevation of the apartment which would overlook the car park of the Working Mens Club. There are two high level windows proposed in the north elevation of the proposed apartment. Given that these windows are high level windows and it would not be possible for residents of the apartment to look directly out of the windows, this ensures that there would be no loss of privacy to the occupiers of the neighbouring properties to the north of the site. It is considered that the occupiers of neighbouring properties would not be adversely affected by the proposal in terms of loss of privacy. Due to the height and position of the proposed development in relation to the neighbouring properties, it is considered no overbearing or overshadowing effects would be created which would be detrimental to neighbouring buildings.
14. Policy H24 states that a new flat/apartment should provide 25 square metres of private and useable amenity space. The proposed development does not provide this amenity space. It is considered in this instance amenity space is not necessary for this type of development. The proposal is for a one bedroom apartment which would only accommodate a maximum of two persons and would not be suitable for a family. It is not considered essential for a one bedroom apartment to incorporate amenity space and given the proposal is to replace a derelict building, it is deemed acceptable to relax the guidelines in this case. It is also noted that a separate bin store is proposed in the garage linked with the apartment.
15. The proposed development would not have an adverse impact on the amenities of the occupiers of existing properties and the future occupiers of the proposed apartment would enjoy adequate residential amenity. The proposal would not compromise the aims of policies GD1 and H24 of the Wear Valley District Local Plan.
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access and parking arrangements
16. The proposal is to replace an existing garage block with three new garages, therefore generally the application is deemed acceptable. The access to the garages would remain to be from the north. Durham County Council Highways Authority has been consulted and although the positioning of the garage would not be 6 metres from the rear of the highway (Policy T15) no objection has been raised subject to the doors being of roller shutter type and the access to be constructed to an acceptable standard. Conditions are recommended to ensure roller shutter doors are installed and an acceptable access is constructed. It is considered that the access and parking arrangements are acceptable and would not be detrimental to the safety of pedestrians and vehicle users. The proposed development would be in accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
17. It is noted that two of the proposed garages are to be linked with the recently approved dwellings on the site to the north (reference 3/2006/0931). objections/observations
18. Occupiers of the surrounding properties have been notified in writing and a site notice was also posted. One letter of objection has been received along with one letter of support. The letter of support comments that the site is currently derelict and unsafe. The letter further comments that the development of the site and the site to the north would address the current problems of parking, vandalism, health and safety, degeneration of the area. The letter concludes that the development would be beneficial for everyone who lives on and visits Newlands Avenue and the nearby Cockton Hill Working Mens Club.
19. The contents of the letter of objection are summarised below:
(a) Overlooking issues. (b) Will there be plans for future extensions? response to objections
20. The following points are a response to the issues raised by the objector:
(a) There would be no loss of privacy to neighbouring occupiers, therefore it is considered there would be no overlooking onto residential properties. (b) Planning permission would be required for any future extensions to the proposal.
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reasons for approval
1. The proposal is considered acceptable in relation to policies GD1, H3, H24 and T1 of the Wear Valley District Local Plan as it:
1. Is located within the limits of development for Bishop Auckland. 2. Would not result in any loss of privacy to neighbouring occupiers. 3. Would provide a satisfactory standard of residential accommodation. 4. Would not appear out of scale or proportion with the neighbouring dwellings. 5. Would not be to the detriment of pedestrian and highway safety.
RECOMMENDED
That planning permission be GRANTED subject to the following conditions and reasons; conditions
1. No development shall take place until samples of all materials to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
2. The garages hereby approved shall not be used other than for purposes incidental to the enjoyment of the dwellinghouses on the adjacent site under planning permission 3/2006/0931 and the apartment hereby approved; no trade or business shall be carried out therein.
3. Before use of the building hereby approved is commenced the vehicular access shall be constructed in accordance with Section 184 (3) of the Highways Act 1980.
4. The garage doors shall be of a roller shutter design and shall be fully retractable when in the open position. No changes to the doors shall be made without the prior written consent of the local planning authority. reasons
1. To ensure the satisfactory appearance of the completed development. In accordance with policy GD1 of the Wear Valley District Local Plan.
2. To safeguard the occupiers of adjacent premises from undue noise, traffic generation or other loss of amenity arising from the use of the proposed garages for trade or business purposes. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
3. To ensure adequate vehicular access. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
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4. In the interests of highway safety. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
background information Application files, WVDLP.
PS code 6 number of days to Committee 91 target achieved No explanation Seeking amendments to the scheme.
Officer responsible for the report Author of the report Robert Hope Chris Baxter Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 441
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3/2006/0932 - DEMOLISH BLOCK OF 3 GARAGES. ERECT NEW BUILDING TO CREATE 3 GARAGES WITH APARTMENT ABOVE AT BUILDINGS SOUTH OF NEWLANDS AVENUE, BISHOP AUCKLAND FOR MR. PATTERSON – 02.11.2006
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AGENDA ITEM 10
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART 1 – APPLICATION FOR DECISION
3/2006/0967- REMOVAL OF EXISTING BUILDING AND ERECTION OF NEW INDUSTRIAL SHED AT BUTTERFLY FARM, NORTH ROAD, TOW LAW FOR MR. GIBSON -14.11.2006 - AMENDED 30.11.2006
description of site and proposals
1. Planning permission is sought for the erection of an industrial unit with associated car parking, manouvering space and landscaping on land at North Road in Tow Law. The industrial unit would be of a single storey design and approximately 2166 sq. m (57m x 38m) in size with a maximum ridge height of 9 metres. Access to the site would be taken from the A68 to the north. The application indicates that the proposed building is to be used for light industrial purposes.
2. The north half of the application site is previously-developed (brownfield) land which is currently occupied by a range of vacant and disused glasshouses and associated external growing/storage areas and car parking. The north half of the site was formerly used as a Butterfly House/Plant Centre. The south half of the application site is undeveloped agricultural land. To the north of the site runs the A68 with open fields located beyond. Bonds Foundry, an industrial unit, is located to the north west with William Cook Cast Products plant to the south of the application site. Open agricultural fields are situated to the west of the site. As the application site lies approximately 400 metres outside of the limits of development for Tow Law, the proposal is a departure from the Wear Valley District Local Plan.
planning history
3. The following applications have been received for this site:
• 3/1990/0203 New Entrance onto A68 Approved 25.05.1990 • 3/1990/0685 Storage of Pallets Withdrawn • 3/1990/0691 Retail Garden Centre Withdrawn • 3/1990/0861 Retail Garden Centre and Withdrawn Associated Use • 3/1992/0128 Market Garden Approved 15.04.1992 • 3/1993/0263 Erection of Bungalow Refused 28.07.1993
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• 3/1993/0732 Temp Consent for Siting of Approved 02.02.1994 Mobile Home • 3/2002/0200 Lean to Conservatory/Retention Approved 03.10.2002 of Temporary Accommodation • 3/2006/0766 Erection of Industrial Unit Withdrawn 08.11.2006 (NB. This application was withdrawn due to issues of land ownership) planning policies
4. The following policies of the Wear Valley District Local Plan are relevant in the consideration of this application:
• GD1 General Development Criteria • H3 Distribution of Development • I12 Industry in the Countryside • T1 Highways - General Policy • FPG2 County Highway Parking Standards • ENV1 Protection of the Countryside • ENV7 Protection of Agricultural Land
Also of relevance are: PPS1: Delivering Sustainable Development, Planning Policy Statement 7: Sustainable Development in Rural Areas, and Town and Country Planning (Use Classes) Order 1987.
consultations
5. WVDC (Economic Regeneration): Verbally confirmed no objection to the proposal.
6. WVDC (Environmental Health): No comments on this application however the following comments were received on the previous application (ref: 3/2006/0766):
I have no objection to the proposal but have the following comments in respect of the above application:
This section has previously received complaints of noise disturbance arising from works carried out on the adjacent factory site. These complaints have been primarily concerning work carried out during the early hours of the morning and late into the evening. It is noted from the application that the intended process is for the carrying out of light industrial work involving the manufacture of aluminium and that the proposed hours of working are from 08:00 to 16:30 with no working on Sundays or Bank Holidays specified. To minimise the potential for noise disturbance to occur to the nearest residential properties located to the proposed site it is requested a condition is included on the planning consent that restricts the permitted hours of working in accordance with the specified hours included on the application.
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7. In addition to the above requirement any measures that can reasonably be carried out to contain any noise should be undertaken. Such measures include the keeping of doors closed while operations are carried out on the site and noise attenuation to machines used within the industrial unit.
8. Parish Council: No comments on this application however no objections were received to the previous application (ref: 3/2006/0766) which was withdrawn.
9. Northumbrian Water: No comments.
10. Environment Agency: No objections.
11. Durham County Council (Highways Authority): No objections subject to the following comment;
The proposed industrial building must be served by an improved vehicular access. The access must incorporate 12 metre entry radii, a 6 metre entry width and be constructed in accordance with Section 184(3) of the Highways Act 1980. The applicant needs to contact the Durham County Council Southern Area office to agree access construction details. officer analysis
12. The key issues for consideration are:
• Principle of Development • Sustainability • Impact on Surroundings • Highways Issues
principle of development
13. As the proposal is for industrial development outside the limits of development for Tow Law, it is classed as development in the countryside which is therefore a departure from the policies of the Wear Valley District Local Plan.
14. The most relevant policy in the Local Plan is Policy I12 (Industry in the Countryside) which states that permission will not be given for industrial use unless the proposal is related to the winning, processing and treatment of minerals, or the processing of agricultural or forestry products. Policy I12 further explains that proposed uses in the countryside should not have an adverse impact on the environment or the amenity of local residents. The proposed development is therefore contrary to the first part of policy I12. The impact of the proposal on the environment and amenity of local residents is to be assessed later under heading ‘impact on surroundings’.
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15. It is noted that whilst Policy I12 of the Local Plan, which was adopted in 1997, is the most relevant local policy, there is more recent government guidance (2004) provided in Planning Policy Statement 7: Sustainable Development in Rural Areas (PPS7) which should be given more weight. PPS7 provides a more general over view in promoting more sustainable patterns of development. PPS7 aims to do this by:
- focusing most development in, or next to, existing town and villages; - preventing urban sprawl; - discouraging the development of ‘greenfield land’.
PPS7 further states that:
‘New building development in the open countryside away from existing settlements, or outside areas allocated for development in development plans, should be strictly controlled; the Government’s overall aim is to protect the countryside for the sake of its intrinsic character and beauty, the diversity of its landscapes, heritage and wildlife, the wealth of its natural resources and so it may be enjoyed by all.’
16. Half of the application site is previously developed land and the existing buildings on the site are in a derelict state which detracts from the character and beauty of the surrounding countryside. It is noted that PPS7 and policy H3 (Distribution of Development) of the Wear Valley District Local Plan aim to prevent urban sprawl by focusing development in, or next to, existing towns and villages. It can be argued that the proposed development is next to the existing town of Tow Law as it is within 400 metres of the settlement boundaries of Tow Law. The proposal would not be considered urban sprawl as it is the development of a site which is located between two existing established industrial sites. The application site provides a link between the two existing industrial sites and would not be extending into the open countryside.
17. As previously stated, half of the site is previously developed land (brownfield site) and PPS7 stresses the importance of re-using brownfield land in the countryside. PPS7 states that: ‘Priority should be given to the re-use of previously-developed (‘brownfield’) sites in preference to the development of greenfield site’. Whilst it is noted that the proposal would include the development of greenfield land, this land is required for the size of the building unit proposed. It is indicated within the application that there is insufficient land available at the Tow Law Industrial Estate or the Inkerman Depot to accommodate the scale of the proposed development.
18. Whilst the proposal is contrary to policy I12 and H3 of the Wear Valley District Local Plan, the proposed development would generally accord with the guidance contained in Planning Policy Statement 7: Sustainable Development in Rural Areas. Given the justification stated above it is considered that the proposed departure from the Local Plan is acceptable.
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sustainability
19. PPS1 and PPS7 highlight that one of the government's key objectives is to promote more sustainable patterns of development. As the proposal involves the re-use of previously-developed land, it is considered that the proposed development is sustainable. The application site is located in an area which has excellent transport links. The A68 runs along the north boundary of the site which offers good road links. Tow Law is situated within easy walking/cycling distance to the site and there is a bus link which runs past the site which continues to Tow Law, Crook and Darlington.
20. The development of an industrial site in this location would expand the range of employment opportunities to the local residents. This in turn would help in retaining and attracting population to Wear Valley and the Tow Law area which would have a knock on effect increasing the viability and vitality of local shops, services and community facilities within Tow Law.
impact on surroundings
21. As the site is located outside the limits of development of Tow Law, the site is considered to be within the open countryside. The position of the site has to be taken in context to its surroundings. The application site is sandwiched between two industrial sites to the south and north west. It is noted that the site is located in a prominent position alongside the A68. Currently the site is derelict and is considered to detract from the appearance of the area. The proposal would regenerate the derelict site and make the area more appealing. Given the current position of the site and the proposed industrial building would be positioned between two existing industrial sites, it is not considered that the proposal would be out of keeping with the area. It is noted that the proposal would result in the loss of some agricultural land, however this land is not considered to be of any high value or importance, therefore the loss of this agricultural land would not have a detrimental impact upon the open countryside.
22. The proposed industrial unit is a standard industrial building which would be constructed with a steel frame and be clad with profile steel sheeting. The proposed building would blend in with the neighbouring buildings and would not appear overbearing within the local landscape.
23. It is proposed that the development be used for light industry and no specific use has been stated. A condition is recommended restricting the use of the site to light industry which falls under Use Class B1. Environmental Health have not commented on this application however they did raise concerns on the previous application (ref: 3/2006/766), which was withdrawn. Complaints have been received from local residents regarding noise disturbance from the existing factory site to the north west. The nearest residential property is located over 100 metres from the application site. Given the application does not specify the use of the industrial unit, it is considered unreasonable to attached conditions to limit opening hours and provide measures for noise attenuation. A condition is recommended restricting use of the site to light industrial. In accordance with the Town and Country Planning (Use Classes)
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Order 1987 industrial uses falling in Class B1 are capable of being carried on within a residential area. It is considered that the distance between the application site and the nearby residents would be sufficient and the development would not adversely affect the residential amenities of nearby residential occupiers.
24. It is noted that landscaping of the site is important as it would help to blend the development into the surrounding area. There are insufficient details submitted with regards to the landscaping of the site. Conditions are recommended for the submission of a landscaping scheme prior to the commencement of the development.
25. It is considered the proposal would not compromise the aims of policies GD1, ENV1 and ENV7 of the Wear Valley District Local Plan.
highways issues
26. The proposal intends for the existing access onto the A68 to be utilised. Durham County Council Highways Authority has been consulted and no objections have been raised providing the access is upgraded to incorporate 12 metre radii, a 6 metre entry width and the access is constructed to an acceptable standard. Conditions are recommended with regards to upgrading the access. It is considered that the proposed access to the site would not have a detrimental impact on the safety of pedestrians and vehicle users.
27. Whilst the proposed site plan shows sufficient land within the site to provide for both operational and non-operational parking spaces, there is limited information on the design and layout of the parking area. There are no details with regards to access arrangements for deliveries to the industrial unit. Conditions are therefore recommended for details of the parking and delivery arrangements to be submitted to and approved in writing by the local planning authority prior to the commencement of the development.
28. Given the recommended conditions the proposed development would not compromise the aims of policies GD1 and T1 of the Wear Valley District Local Plan and the guidance contained within FPG2.
objections/observations
29. The application has been advertised on site and in the local press. Local residents have also been notified in writing. No representations have been made. conclusion and reasons for approval
1. Whilst the proposal is contrary to policies H3 and I12 of the Wear Valley District Local Plan, these policies predate and should be given less weight than government guidance contained within Planning Policy Statement 7: Sustainable Development in Rural Areas. The site is sandwiched between two existing industrial sites. The application site is partly brownfield land which is located beside the A68 approximately 400 metres from the settlement of Tow Law. Given the proposal is for development on brownfield land located
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between two existing industrial sites, it is considered that the development would not result in urban sprawl. Whilst the proposal conflicts with policies H3 and I12 of the Wear Valley District Local Plan, a departure from the Local Plan is considered acceptable in this instance as the proposal would generally comply with government guidance contained within Planning Policy Statement 7: Sustainable Development in Rural Areas.
2. PPS1 and PPS7 highlight that one of the government's key objectives is to promote more sustainable patterns of development. The proposal is considered to be sustainable development as it involves the re-use of brownfield land. Due to the location of the site, next to the A68, the proposed development would also benefit from good transport links. The development of an industrial site in this location would expand the range of employment opportunities to the local residents. This in turn would help in retaining and attracting population to Wear Valley and the Tow Law area which would have a knock on effect increasing the viability and vitality of local shops, services and community facilities within Tow Law.
3. The site is currently in a derelict state and the proposed development would regenerate the site improving the appearance of the surrounding area. The proposed development would not appear out of keeping as it would blend in with the two existing industrial sites either side of the site. It is noted that the proposal would include the loss of some agricultural land. This land is not considered to be of any high value or importance and the loss of this section of agricultural land would not have an adverse impact on the appearance of the countryside. It has been indicated within the application that the proposal is for light industry. The nearest property is located over 100 metres away therefore it is considered that the proposal would not have a detrimental impact upon the residential amenities of nearby properties. The proposal would not compromise the aims of policies GD1, ENV1 and ENV7 of the Wear Valley District Local Plan.
4. Durham County Council Highways Authority has been consulted and no objections have been raised to the proposal providing certain conditions are imposed. These conditions are imposed on approval of this application. Conditions are also included in respect of the parking and delivery arrangements. It is considered that the proposed development would not have an adverse impact on the local transport network or be detrimental to the safety of pedestrians and vehicle users. The proposal would not be contrary to the aims of policies GD1, T1 and FPG2 of the Wear Valley District Local Plan.
RECOMMENDED
That planning permission be GRANTED subject to the following conditions and reasons;
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conditions
1. No development shall take place until samples of all materials to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
2. Development shall not begin until details of the surface treatment and construction of all hardsurfaced areas have been submitted to and approved in writing by the local planning authority, and the building hereby approved shall not be occupied until that work has been carried out in accordance with the approved details.
3. Development shall not begin until details of the existing and proposed site levels and the finished floor level(s) of the proposed building and those of existing neighbouring buildings have been submitted to and approved in writing by the local planning authority; and the works shall be completed in accordance with the approved details.
4. Before the development hereby approved is commenced a scheme of landscaping shall be submitted to and approved in writing by the local planning authority which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development.
5. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed, are severely damaged or become seriously 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.
6. Before the development hereby approved is commenced details of the height, siting, appearance and construction of all means of enclosure to be erected upon the site shall be submitted to and approved in writing by the local planning authority, and the works shall be carried out in accordance with such approved details before the building hereby approved is occupied.
7. Before the development hereby approved is commenced detailed drawings showing facilities clear of the highway for the loading and unloading and turning of commercial vehicles within the curtilage of the site shall be submitted to and approved in writing by the local planning authority and shall be implemented before any part of the development hereby approved is first occupied or used and thereafter shall be maintained for such purposes.
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8. Before the building hereby approved is brought into use details of the proposed car parking provision including layout, number of spaces, surface materials and drainage shall be submitted to and approved in writing by the local planning authority, and the car parking provision shall be completed in accordance with the approved details. Thereafter the car parking spaces shall be used and maintained in such a manner as to ensure their availability at all times for the standing of private cars.
9. Before the commencement of any other parts of the development hereby approved, the proposed vehicular access to the highway must incorporate 12 metre entry radii, a 6 metre entry width and be constructed in accordance with Section 184(3) of the Highways Act 1980.
10. Notwithstanding the provisions of Article 3 and Class B of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 et seq the building hereby approved shall be used for Class B1 Use only and for no other purpose.
11. There shall be no storage in the open on the site of waste materials, goods, materials, equipment, machinery vehicles or article of any description except in areas which may be first approved in writing by the local planning authority, and if areas are approved what is stored or stacked shall not be at a height greater than the fence enclosing the site. reasons
1. To ensure the satisfactory appearance of the completed development. In accordance with policy GD1 of the Wear Valley District Local Plan.
2. To achieve a satisfactory standard of development. In accordance with policy GD1 of the Wear Valley District Local Plan.
3. To ensure a satisfactory standard of development and to ensure that the development is not unduly prominent within the surrounding landscape. In accordance with policy GD1 of the Wear Valley District Local Plan.
4. To ensure the satisfactory appearance of the completed development. In accordance with policy GD1 of the Wear Valley District Local Plan.
5. To ensure the implementation of the approved landscape scheme within a reasonable time. In accordance with policy GD1 of the Wear Valley District Local Plan.
6. To achieve a satisfactory form of development. In accordance with policy GD1 of the Wear Valley District Local Plan.
7. To ensure satisfactory provision is made for loading and unloading and turning of commercial vehicles within the site, in the interests of highway safety. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
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8. In the interests of road safety and traffic convenience, and the amenities of the locality. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
9. In the interests of highway safety. In accordance with policies GD1 and T1 of the Wear Valley District Local Plan.
10. The local planning authority wishes to have control over the future use of the site in order to safeguard residential amenities. In accordance with policy GD1 of the Wear Valley District Local Plan.
11. In the interests of visual amenity. In accordance with policy GD1 of the Wear Valley District Local Plan. background information Application files, WVDLP, PPS1, PPS7, T&CP (Use Classes) Order 1987.
PS code 3
number of days to Committee 79 target achieved 9
explanation
Officer responsible for the report Author of the report Robert Hope Chris Baxter Strategic Director for Environment and Regeneration Planning Officer Ext 264 Ext 441
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3/2006/0967 - REMOVAL OF EXISTING BUILDING AND ERECTION OF NEW INDUSTRIAL SHED AT BUTTERFLY FARM, NORTH ROAD, TOW LAW, BISHOP AUCKLAND FOR MR. GIBSON -14.11/2006 - AMENDED 30.11.2006
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AGENDA ITEM 11
DEVELOPMENT CONTROL COMMITTEE
1ST FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART II – CONSULTED APPLICATION FOR WVDC VIEWS
3/2007/0020 - SURFACE MINE, COAL AND FIRECLAY SCHEME AT PARK WALL NORTH, NEAR TOW LAW FOR U. K. COAL MINING LIMITED 05.01.2007
description of site and proposals
1. The above application has been submitted to Durham County Council. This Council has been notified as a consultee.
2. The application site lies in the open countryside. Tow Law is located 0.9 km to the north west of the application site, with Sunniside 0.3 km to the north, Billy Row approximately 0.6 km to the east and Roddymoor some 0.5 km to the south east. Crook is over 1.4 km to the south east of the site.
3. The applicant seeks consent for a surface mine, coal and fire clay scheme at Park Wall North that aims to take account of the matters raised in the previous White Lea appeal decision (1998). It provides for the recovery of an estimated 1,274,500 million of high quality coal and 500,000 tonnes of fire clay from the 126 hectare site over a 4 year and 9 month period.
4. The applicants suggest that there would be improved methods of working in terms of the design and phasing of the construction of soil and overburden mounds with a smaller excavation area covering approximately 45 hectares along with the retention of Old White Lea Farm and associated trees with no extraction operations to the east of this property. The proposals also retain the majority of the ‘u shaped’ conifer plantation to the north west of the site, along with additional vegetation around the periphery of the scheme, and the restored Castle Farm site. The Park Wall North scheme provides for an increased separation distance from residential properties notably to the south east of the site involving the Old White Lea Cottage and Arthur Pit Cottages and from Sunniside to the north.
5. The access to the site is located to the north west of the site and would connect with a lay-by then the A68 road.
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6. Part of the coal from the site will be used for coking purposes at markets anticipated to include the steelworks at Redcar and Monckton Coke Works near Barnsley. Coal with coking qualities is rare in the UK and currently has to be imported by the steel industry. Fireclays are also scarce in the UK and will be supplied to brickworks in the North East and elsewhere.
7. The applicant indicates that the scheme is proposed to provide employment for an estimated 61 people.
8. The proposals also include early ecological and landscape enhancement works to the north west and south east of the scheme along with comprehensive restoration and after care proposals for the site. Some 43.3 hectares of new woodland and an extended public rights of way network will be provided. In addition, a Wildlife Enhancement Management Plan will be progressed for land to the north west of the site with the aim of enhancing the existing and proposed ecological habitats.
9. A Community Fund will be established to provide benefits to the local community. In addition, if approval is granted, the applicants intend to finance the installation of a mains gas supply to Sunniside. planning history
10. The following applications have been received for this site:
• 3/1995/0632 Opencast Coal Extraction Dismissed on Appeal 1998 • 3/1987/0552 Washing Plant • 3/1993/0272 Variation of Condition Approved 15.07.1993 Restoration • 3/1988/0470 Extension to Opencast No objection 06.10.1988 Site • 3/1986/0421 Opencasting Approved 30.10.1996 • 3/1974/0113 Opencast Site Withdrawn planning policies
11. The following policies of the Wear Valley District Local Plan (WVDLP) are relevant in the consideration of this application:
• ENV1 Protection of the Countryside • GD1 General Development Criteria • MW1 Safeguarding of Mineral Reserves • T1 Highways - General Policy
The following policies of the County Durham Minerals Local Plan, 2000 are also relevant in the consideration of this application:
M7, M8, M19, M24, M29, M35, M36, M42 and M43.
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consultations
12. Durham County Council are responsible for undertaking all of the necessary consultations.
officer analysis
13. A proposal of this nature raises a wide variety of issues including:
• Access and Traffic • Restoration • Landscape and Visual Impact • Noise • Dust • Ecology
access and traffic
14. Coal and fireclay would be transported by lorry from the site via the A68. It is envisaged that the majority of coal would be transported south on the A68 to link with the A1 (M). Some would also be transported in a north bound direction with the A1(M) then onward to the rail connected Wardley Disposal Point in South Tyneside.
15. Fireclays would be transported by lorry from the site mainly following the northbound coal lorry route largely along the strategic road networks to markets in the North East. Some fireclay might be transported to Todhills Brickworks.
16. It is envisaged that on average the site would generate an average of 7 HGVs leaving the site per hour between 0700 to 1800 hours on weekdays and 0700 to 1200 hours on Saturdays. This equates to approximately 420 vehicles leaving the site per week and consequently 840 HGV vehicle movements per week. All the vehicles would leave the site and join the A68 road and continue to their market. It is assumed that other vehicles would also enter and leave the site during the course of a normal working week.
17. The proposal, if implemented, would result in the temporary suspension of parts of four rights of way through the site. Alternative routes would be provided.
18. The large amount of vehicle movements generated as a result of the proposal would have a significant impact on the surrounding road infrastructure to the detriment of the existing road users contrary to the objectives of policies GD1 and T1 of the Wear Valley District Local Plan.
19. The occupiers of surrounding properties would be adversely affected by the significant increase in vehicle movements on the A68 and in the locality contrary to the objectives of policies GD1 and T1 of the Wear Valley District Local Plan and M36 of the Minerals Local Plan.
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restoration
20. The applicants have designed the scheme to retain Old White Lea Farm and a number of adjacent trees to the east of the excavation area along with most of the ‘U’ shaped coniferous plantation to the north west of the site.
21. The restoration scheme and early ecological works aim to achieve a balance between the creation of a habitat and species biodiversity appropriate to the locality, recreational use, the enhancement of the landscape quality, the requirement for continued agricultural use and the need to create a viable long term landscape that can be managed in a sustainable manner. The better soils would be concentrated on the fields that would be restored to agricultural.
the restoration works provide for:
• 43.3 hectares of new woodland • 5.9 hectares of woodland pasture • Over 1.3 hectares of open water • 9.8 hectares of species rich grassland • Over 5 hectares of heath • 10.4 km of new hedgerows
22. The restoration scheme includes a variety of positive elements however it must be noted that the need for such an extensive restoration scheme is driven by the extent of the works proposed.
landscape and visual impact
23. The application site does not lie in an area with a particular landscape designation. Given the large amount of land included in the application site and the scale of the works it is difficult to understand how the applicants have reached their conclusions that the landscape and visual impact of the proposal would be ‘moderate’. It is accepted that the works are temporary however it would operate for over 4 years which is a considerable period of time. During this time the works would cause extensive damage and scaring of the landscape which would require an extensive programme of restoration works as set out above.
24. It is not agreed that the longer terms benefits outweigh the harm that would be caused. The visual and landscape impacts of the proposal would be vast over the period of the works and the required restoration scheme illustrates the damage which would be caused. The proposal is considered to be harmful to the character of this rural area and therefore is considered to conflict with the aims of policies GD1 and ENV1 of the WVDLP and M24 of the Minerals Local Plan.
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noise
25. Independent consultants have been commissioned to undertake an assessment of noise impacts in relation to the proposal. A variety of measures have been incorporated into the design of the scheme to control noise levels. These include:
• pumps or generators would be screened; • plant engines would be operated with doors in the closed position; • all vehicles would be fitted with silencers; • all internal haul roads would be constructed below ground level where possible; • reversing bells would be used in preference to sirens; • time restrictions on site operations especially near properties; • major plant to be fitted with noise suppression.
26. The consultants concluded that the predicted noise levels fall within the limits set out in the Mineral Policy Statement (MPS2) for noise sensitive properties. Members should be aware that this does not mean that there would be no noise audible from the site, simply that it is predicted to be of an acceptable level. Given that the site lies within a predominantly rural area it is likely that the surrounding area would experience a noticeable change in the noise levels as a result of the proposal contrary to the objectives of policy ENV1 of the WVDLP which seeks to protect and enhance rural areas and M36 of the Minerals Local Plan.
dust
27. A Dust Action Plan would be operated which takes into account best practice guidance. Dust suppression measures would include the constant spraying of all internal haul roads during dry weather and the seeding of storage mounds to grass at the earliest opportunity. It must be accepted that dust is a feature of a scheme of this nature and it would be evident on and around the application site.
ecology
28. An ecological assessment has been carried out for the scheme and details are contained in the Environmental Statement. The restoration scheme has been designed to develop an ecologically enhanced landscape. It is accepted that this would contribute towards the Durham Biodiversity Action Plan however the cost is the damage that would be incurred during the course of these extensive works. objections/observations
29. Durham County Council have publicised this application. Two letters of observation were mistakenly submitted to this Department. They have been forwarded to the County Council for their consideration but this is an indication that there is local opposition to the proposal.
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RECOMMENDED
The proposal seeks to address the issues which were raised during the course of the previous appeal on the site and as such the scale (including the time scale) of the works has been reduced. The amended scheme however still gives rise to concerns and in particular the damage to the rural landscape, the increase in noise levels and significant traffic movements. In short it is recommended that the following OBJECTIONS be submitted to Durham County Council:
1. The large amount of vehicle movements generated as a result of the proposal would have a significant impact on the surrounding road infrastructure to the detriment of the existing road users contrary to the objectives of policies GD1 and T1 of the Wear Valley District Local Plan and M36 of the Minerals Local Plan.
2. The occupiers of surrounding properties would be adversely affected by the significant increase in vehicle movements on the A68 and in the locality contrary to the objectives of policies GD1 and T1 of the Wear Valley District Local Plan and policy M36 of the Minerals Local Plan.
3. The view that the longer terms benefits outweigh the harm caused are not supported by this local planning authority who fear that the visual and landscape impacts of the proposal would be vast over the period of the works and the time required to implement the restoration scheme. The proposal is considered to be harmful to the character of this rural area and therefore is considered to conflict with the aims of policies GD1 and ENV1 of the WVDLP and M24 of the County Durham Minerals Local Plan.
4. Given that the site lies within a predominantly rural area it is likely that the surrounding area will experience a noticeable change in the noise levels as a result of the proposal contrary to the objectives of policy ENV1 of the WVDLP which seeks to protect and enhance rural areas and M36 of the Minerals Local Plan.
background information Application files, WVDLP, County Durham Minerals Local Plan.
PS code 21
number of days to Delegation 26 target achieved No explanation It was felt necessary to report this application to the Development Control Committee for consideration and information given the significance of the proposal.
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Officer responsible for the report Author of the report Robert Hope Sharon Gray Strategic Director for Environment and Regeneration Senior Planning Officer Ext 264 Ext 267
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3/2007/0020 - SURFACE MINE, COAL AND FIRECLAY SCHEME AT PARK WALL NORTH, NEAR TOW LAW, BISHOP AUCKLAND FOR U. K. COAL MINING LIMITED 05.01.2007
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AGENDA ITEM 12
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART III – OTHER MATTERS
SECTION 106 AGREEMENT APPLICATION REFERENCE 3/1996/564, 139 DWELLINGS FOR MCLEAN HOMES N.E. LTD LAND AT ETHERLEY DENE FARM, BISHOP AUCKLAND
introduction
1. This item has been referred to this Committee by the Regeneration Committee.
purpose of the report
2. Planning permission 3/1996/564 was granted for housing development subject to the completion of a Section 106 Agreement. Members are asked to consider a request to rescind one of the requirements of the Agreement. background
3. As part of the S106 Agreement the owner of the land (Mr Allison) agreed to transfer to the Council Etherley Dene within two months from completion of the approved housing development, see Annex 5.
policy context
4. Etherley Dene is designated an area of protected open space (Policy BE14 of the Wear Valley District Local Plan). proposal
5. Smith Roddam, on behalf of Mr Allison, have confirmed that their client is willing to retain ownership of Etherley Dene and have requested that the Council enter into a document rescinding the relevant clause of the Section 106 Agreement.
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financial implications
6. Acceptance of the proposal will be a financial saving for the Council. Upon transfer of the land, the Council would have been responsible for the maintenance of Etherley Dene.
legal implications
7. The Assistant Director for Administration and Legal Services agrees that a document rescinding the relevant clause of the Section 106 Agreement should be entered into.
analysis
8. The Council lacks the resources to properly maintain Etherley Dene which needs a great deal of work including the removal of dead/dying trees and replanting. Therefore, it is considered appropriate that the Council does not take ownership of Etherley Dene.
conclusion
1. The request to enter into a document rescinding the clause of the Section 106 Agreement should be agreed.
RECOMMENDED
1. The Assistant Director for Administration and Legal be instructed to draft and complete a document rescinding the clause of the Section 106 Agreement which requires the owner to transfer Etherley Dene to the Council.
background information Section 106 Agreement attaching to planning permission 3/1996/564, letter from Smith Roddam dated 29 November 2006.
Officer responsible for the report Author of the report Robert Hope David Townsend Strategic Director for Environment and Head of Development & Building Control Regeneration Ext 270 Ext 264
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3/1996/564 - 139 DWELLINGS FOR MCLEAN HOMES N. E. LIMITED, LAND AT ETHERLEY DENE FARM, BISHOP AUCKLAND
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AGENDA ITEM 13
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Strategic Director for Environment and Regeneration
PART III – OTHER MATTERS
FOR INFORMATION APPEAL DECISION 3/2006/0332 - APPLICATION FOR APPROVAL OF AMENDMENTS TO EXISTING PLANNING APPROVALS FOR BLOCK 4 (3/2004/0903) AND BLOCK 5 (3/2004/0905) AT SITE OF FORMER LEYLAND HOUSE MOTOR REPAIRS, TINDALE CRESCENT BISHOP AUCKLAND FOR CAMBRIDGE COURT DEVELOPMENTS LIMITED - 12.04.2006
1. Planning permission was refused by the Development Control Committee on 22nd June 2006 for amendments to the existing planning approval for Block 4 (3/2004/0903) and Block 5 (3/2004/0905) of the residential development at site of former Leyland House Motor Repairs, Tindale Crescent.
2. The decision was made contrary to officer recommendation. The application for retention of windows in the west elevation was refused on the grounds that retention of the unlawful windows would not allow the minimum separation distance to be retained and would prejudice the development potential of the land on which the Tindale Crescent Working Men's Club is situated. It was also stated that retention of the windows would have an adverse impact on the occupiers of the new flats by reason of noise disturbance from activities in the Working Men's Club. The proposal was said to be contrary to policies GD1 and H24 of the Wear Valley District Local Plan.
3. The applicant appealed against the decision.
4. The Inspector has allowed the appeal. The Inspector agreed with the officer's recommendation and concluded that the windows would not be harmful to the living conditions of the occupants of the flats or the occupants of the Club either now or in the future and that the windows would not unacceptably prejudice the future development of the Club site subject to the imposition of a planning condition requiring obscure glazing and restricted opening mechanisms.
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RECOMMENDED
That the Inspector's decision in relation to the above appeal be noted for future reference. background information Application files, Inspector's letter dated 28th December 2006.
Officer responsible for the report Author of the report Robert Hope Jeremy Good Strategic Director for Environment and Regeneration Senior Planning Officer Ext 264 Ext 267
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APPEAL DECISION 3/2006/0332 - APPLICATION FOR APPROVAL OF AMENDMENTS TO EXISTING PLANNING APPROVALS FOR BLOCK 4 (3/2004/0903) AND BLOCK 5 (3/2004/0905) AT SITE OF FORMER LEYLAND HOUSE MOTOR REPAIRS, TINDALE CRESCENT, BISHOP AUCKLAND FOR CAMBRIDGE COURT DEVELOPMENTS LIMITED - 12.04.2006
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AGENDA ITEM 14
DEVELOPMENT CONTROL COMMITTEE
1st FEBRUARY 2007
Report of the Director of Regeneration
PART III – OTHER MATTERS
FOR INFORMATION APPEAL DECISION 3/2005/0295 - IMPLEMENT AND LAMBING SHED AT WEST PARK FARM, HELME PARK, BISHOP AUCKLAND, COUNTY DURHAM FOR MR. J. PINKNEY
1. Planning permission was refused on 26th October 2005 for an Implement and Lambing Shed at West Park Farm.
2. The decision was made under my delegated powers. The application was refused on the following two grounds:
A) The proposed shed to be located on the east side of the A68 highway would represent an unacceptable incursion into the open countryside. The site for the shed is outside of any settlement limit. The proposal does not involve the conversion of a sound rural building and the site is not within the curtilage of or adjacent to the applicant's existing buildings. The proposal is therefore contrary to Policies BE19, ENV1, GD1 and H3 of the Wear Valley District Local Plan.
B) This proposal will introduce pedestrian and vehicular movements across the de-restricted A68 principle road creating further conflict to the detriment of highway safety, and therefore it is considered the proposed development conflicts with Policies T1 and GD1 of the Wear Valley District Local Plan.
3. The applicant appealed against the decision.
4. The Inspector has allowed the appeal. The Inspector concluded that the main issues in the appeal were as follows:
i) The character and appearance of the countryside; and,
ii) The safety of users of the adjacent A68 road.
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5. The Inspector's findings are as follows:
i) The character and appearance of the countryside.
- In terms of animal welfare the lambing facility can only be realistically provided at the appeal site as lambs must be kept separate from the horses on the west side of the A68 highway. - Due to existing buildings and overhead power lines there would be little room on the west side of the A68 for the shed to be located satisfactorily. - Policy BE19 requires buildings to be well-related to existing buildings. However, the supporting text to the policy states that providing the building is of appropriate design, scale and materials, and is required to be located away from the existing buildings then this would be considered acceptable. In any case the proposed building would be well-related to the existing buildings on the other side of the A68. - The hedge on the boundary with the A68 would screen the site. - The appellant stated that if the appeal were allowed he would buy more land (6 to 7 hectares) on the east side of the A68. - The Inspector attached 'significant weight' to the fact that the appellant, under permitted development rights, could erect the building once the extra land was purchased, and that the appellant also advised that he had a moveable container which could be put on the site to fulfill the same function as the shed without recourse to planning permission ('fallback' considerations). The Inspector stated that the use of the movable container or the shed being erected under permitted development rights could have a more damaging impact on the appearance of the countryside.
ii) The safety of users of the adjacent A68 road.
- The Inspector accepted that traffic levels on the A68 are heavy and that visibility at the access to the site is restricted. However, the Inspector accepted the appellant's argument that if farm machinery were located at this site there would be less traffic movement across the A68. - The Inspector also took into account the potential 'fallback' positions referred to above, which may in his view have worse implications for highway safety.
The Inspector was also concerned that should the appeal be dismissed the applicant's intention to breed sheep would be abandoned.
RECOMMENDEDATION:
That the Inspector’s decision in relation to the above appeal be noted for future reference.
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background information Application files, Inspector’s letter dated 17 January 2006
Officer responsible for the report Author of the report Robert Hope Michael Lowe Director of Regeneration Planning Officer Ext 264 Ext 272
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APPEAL DECISION 3/2005/0295 - IMPLEMENT AND LAMBING SHED AT WEST PARK FARM, HELME PARK, BISHOP AUCKLAND, COUNTY DURHAM FOR MR. J. PINKNEY
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