Application no: 20150176

Location: 55 Rochester Road Gravesend Kent DA12 2JN

Description: Demolition of existing dwelling and erection of two storey building to provide 4no. two bedroom self-contained flats with Juliet balconies at first floor on front and rear elevation; laying out of four parking spaces, cycle store and conversion of existing outbuilding to refuse store.

Applicant: Mr Kamaljit Singh Sathi

Decision Level: Planning Regulatory Board

Recommendation Permission with Conditions

For Conditions please see end of report

1. Site Description

The application property, 55 Rochester Road, is an existing detached bungalow on the east side of Rochester Road; Gravesend opposite St Johns School and to the north of St Marys Church, a Grade II listed building.

The rear of the site is currently hard paved area and containing two detached outbuildings including a garage and car port. The rear garden is enclosed by a block wall and metal gates both of which are detrimental to the visual character of the area. The existing property of 55 Rochester Road’s front garden is hard paved which provides additional off road parking provision for the occupiers.

Access to the rear garden, and to the front garden parking area, is via a roughly surfaced track way off the A226, which is not within the ownership of the applicant but who has rights of access over it. This is located on the south side of the dwelling and to the north of the adjoining dwelling to the south, no 61 Rochester Road.

The area is characterised by a mixture of detached bungalows on spacious plots and two storey terraced dwellings.

To the south of the garden of 55 Rochester Road is a dwelling, 63 Rochester Road, which has the characteristics of a backland development.

The site is elevated above the gardens of dwellings in Denton Court Road to the east. An alleyway runs between the rear of the application site and the rear gardens of dwellings in Denton Court Road. Those properties have long rear gardens. 2. Planning History

In 2008 a planning application (20080647) was submitted for the erection of a detached chalet bungalow at the rear and was refused under delegated powers on 11 September 2008 on the grounds that it would form an over intensive form of development, siting, scale and height would be un-neighbourly and it would set a undesirable precedent by creating a new dwelling off an un–adopted road.

Following the above refusal a second application was submitted without any discussions with the Council on how to address the previous grounds of refusal. The application (20081106) was for the erection of a detached two bedroom bungalow with room in the roof space and laying out of two car parking spaces. The difference between this application and the previous application is that the design is now for an L- shaped dwelling and the dormers have been reduced to one. This application was refused on 2 February 2009 on the grounds that it would form an over intensive form of development, siting, scale and height would be un-neighbourly and it would set an undesirable precedent by creating a new dwelling off an un–adopted road.

Following the refusal of 20081106 an appeal was lodged (09/00032/REF) and was dismissed on 17 December 2009.

In 2010 after the appeal was dismissed a third planning application was submitted (20100290) for the erection of single storey two bedroom dwelling with rooms in the roof space and associated parking space. That application was also refused on 28 May 2010 on the grounds of the proposed dwelling by reason of its siting, size, bulk and massing would materially harm the character of the area and would constitute an over intensive form of development.

Two years later in 2012 a fourth planning application was received which was essentially the same as the 2010 application. The application was refused on 28 May 2010 on the grounds of the proposed dwelling by reason of its siting, size, bulk and massing would materially harm the character of the area and would constitute an over intensive form of development.

The following year a further application (Ref 20130335) was submitted for the erection of a detached two bedroom chalet bungalow on land to rear of host property. The applicant had appointed a new architect and it was considered that this proposal overcame all of the previous concerns and was permitted by the Regulatory Board 26 June 2013.

Following this permission the applicant submitted a further application (20140525) for a minor-material amendment to planning permission reference number 20130335 being the erection of a detached two bedroom chalet bungalow; to relocate the proposed dwelling 3 metres west to avoid line of existing mains sewer. This was requirement of Southern Water as they state the following regarding mains sewers:

‘No new excavation or new tree planting should be located within 5.0 metres either side of the centreline of the public sewers and all existing infrastructure should be protected during the course of construction works’.

It was considered that the relocation of the dwelling was deemed acceptable and permission was granted on 12 August 2014. 3. Proposal

The application is a full planning application which is described by the applicant as being demolition of existing dwelling and erection of two storey building to provide 4no. two bedroom self-contained flats with ‘Juliet’ balconies at first floor on front and rear elevation; laying out of four parking spaces, cycle store and conversion of existing outbuilding to refuse store.

The building has a depth of 14.9 metres, width of 11 metres and an overall height of 9 metres. To the front of the property the hard standing and existing gates are to be replaced with soft landscaping and pedestrian only access off Rochester Road. The entrance to the flats will be on the north elevation of the building adjacent to No.53 Rochester Road. To the rear of the development the applicant is showing 4 new cycle store, an existing outbuilding converted into a refuse bin store and a parking area. According to the description the development will provide 4 parking spaces. However, according to Drawing No. KS/15/06/P01 there will be in fact 8 spaces - 4 spaces in tandem layout.

Internally the development consists of 4 no 2 bedroom flats.

4. Development Plan

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise.

The development plan comprises the adopted Gravesham Local Plan Core Strategy September 2014, saved policies from the adopted Gravesham Local Plan First Review 1994 and saved policies from the Kent Minerals and Waste Local Plans.

Saved policies contained in the Gravesham Local Plan First Review should still be accorded significant weight, albeit that the weight accorded should be greater where policies are consistent with the National Planning Policy Framework (NPPF, paragraph 215).

The policies relevant to the consideration of this application are set out below.

Gravesham Local Plan Core Strategy September 2014:  CS01 – Sustainable Development  CS02 – Scale and Distribution of Development  CS14 – Housing Type and Size  CS15 – Housing Density  CS18 – Climate Change  CS19 – Design & Development Principles

Gravesham Local Plan First Review 1994:  T1 – Impact of Development on the Highway Network  P3 – Vehicle Parking Standards.

Other Relevant Guidance

National Planning Policy Guidance The National Planning Policy Framework (NPPF) is a material consideration in the determination of planning applications. The Gravesham Local Plan Core Strategy has been found to be sound and consistent with the NPPF. The weight to be given to the saved policies in the Gravesham Local Plan First Review and the Kent Minerals and Waste Local Plans will depend on their consistency with the NPPF. Planning Practice Guidance supports and clarifies areas in the NPPF.

At the heart of the NPPF is a presumption in favour of sustainable development (paragraph 14) which means approving development proposals that accord with the development plan and where the development plan is absent, silent or relevant policies are out of date planning permission should be granted unless any adverse impacts would so significantly and demonstrably outweigh the benefits or specific policies in the NPPF indicate development should be restricted.

Supplementary Planning Guidance The Council has adopted a number of Supplementary Planning Guidance documents, Development Briefs and Conservation Area Appraisals. These elaborate on saved policies in the Gravesham Local Plan First Review and policies in the Gravesham Local Plan Core Strategy and are material considerations in determining planning applications. The following documents are relevant to the consideration of this application:  Residential Layout Guidelines (July 1996)  SPG 4: Kent Vehicle Parking Standards (July 2006).

5. Reason for Report

At the request of Cllr Richard Smith and Cllr Lyn Milner.

6. Consultations and Publicity

Consultations

Internal

Senior Engineer (GBC) - The development proposal is acceptable in terms of vehicle access and parking. No objections are raised.

Hence, no highway objections are raised on this proposal.

Regulatory Services – The site previously formed part of a farm holding. The rear of the site will be partly laid to lawn; however this is currently used for parking, includes an outbuilding and once contained a well. It is therefore my belief that a risk assessment is required and as such I recommend the following condition:

Contaminated land No development approved by this permission shall be commenced prior to a contaminated land assessment (in accordance with the CLEA guidelines and CLR 11 methodology) and if necessary an associated remedial strategy, together with a timetable of works, being submitted to the Local Planning Authority for approval.

Traffic Noise A scheme taking into account the existing noise levels due to traffic shall be submitted and approved in writing by the District Planning Authority prior to commencement of any works on site. The noise scheme shall include the noise attenuation provided by the construction, including design and installation of windows. Reference shall be made to British Standard 8233:2014

Domestic Refuse Arrangements - Multiple Occupation The dwelling should have sufficient storage capacity to cope with the waste generated in between collections (1 week). A large internal/external storage area should be considered where there is more than one dwelling contained in a domestic block. The distance between the storage area and the collection point shall not be more than 30 metres.

Works of Construction. Please add code of construction practice informative.

Private Housing - Awaiting comments

External

Southern Water – Awaiting comments

Kent Highways & Transportation Services - Awaiting comments

Publicity

Publicity letters were sent to the owners/occupiers of 32 adjoining dwellings.

To date one letter has been received as the following concerns:  The development will lead to more congestion opposite St Johns School;  The residents of Denton Court Road should have access all times to the alleyway.; and  There should be no encroachment onto the alleyway adjacent to the site.

7. Service Manager (Development Management) Comments

Principle of development The site is within the urban boundary of Gravesend which is covered by Policy CS02 of Gravesham Core Strategy (2014) which supports the principle of residential development within the urban area of Gravesend. There are no policies at a local or national level which object to the principle of demolishing a single family dwelling and replacing it with flats (subject to design, amenity, and highways issues being acceptable).

Design When evaluating the design of this proposal it needs to be considered against the design principles of Policy CS19 of Gravesham Core Strategy (2014) which require development to conserve and enhance the character of the local built, historic and natural environment, integrate well with the surrounding local area and meet anti-crime standards. At a national level the NPPF in paragraph 7 provides guidance on providing good design.

The proposal will result in the demolition of an existing detached bungalow and replacement with a two storey development. The height of the development will be 9 metres which be 2.6 metres higher than the existing dwelling (No.53 Rochester Road) to the north. The elevational treatment of the proposed development is of traditional design which will sit well within the street-scene. In order to ensure a satisfactory finish to the development is achieved a condition will be attached requiring details/samples of all external facing materials.

As designed the roof is not acceptable as the front elevation has a gable whilst the rear elevation is hipped. With the alleyway directly to the south of the site and the property being at a higher level than Denton Court Road the property will be highly visible from the surrounding properties.

In order to overcome this issue the agent has been asked to submit revised plans redesigning the roof to be a fully hipped roof. This will result in a more uniform approach and help reduce the bulk and massing of the development and improve the overall design of the building.

Climate Change Policy CS18 of Gravesham Core Strategy (2014) sets out the requirements for dealing with sustainable drainage and surface water run-off. The application as submitted makes no reference to either of these requirements and the agent has agreed to provide a Sustainable Urban Drainage Strategy (SUDS) for the site which should include the following details:  Pervious pavements/road surface to allow water to drain through the surface;  outlet to pipes or infiltration to ground;  rain gardens for each dwelling (simple and small basins for roof water drainage); and  Filter Drains.

As well as submitting the SUDS Strategy the applicant has agreed to a relevant planning condition relating to the implementation and approval of SUDS.

Policy C18 also requires that applicants should take into account Water Demand Management and require that all new homes to be built to last level 3/4 of the Code for Sustainable Homes in terms of water use (105 litres per person per day consumption). These requirements will be the subject of a suitably worded planning condition.

Living environment for future occupiers The proposed development needs to ensure that the development will provide adequate living conditions for future occupiers and this is reinforced by the Council’s Residential Layout Guidelines. These guidelines provide requirements for room sizes and amenity space.

As the below charts show all of the rooms are above the minimum requirements set out in the guidelines and each flat has dedicated storage space for vacuum cleaner, ironing board etc.

Ground Floor Flat 1 Room Guidelines Proposed Scheme Kitchen 7.2m² 10.8m² Living Room 13.2m² 15.2m² Bedroom 1 11.2m² Double) 14.6m² Bedroom 2 6.4m² (single) 10.6m² Bathroom & 3.6m² 3.9m² WC Storage None required 0.6m²

Ground Floor Flat 2 Room Guidelines Proposed Scheme Kitchen 7.2m² 10.8m² Living Room 13.2m² 15.2m² Bedroom 1 11.2m² Double) 14.3m² Bedroom 2 6.4m² (single) 10.6m² Bathroom & 3.6m² 4m² WC Storage None required 0.6m²

First Floor Flat 1 Room Guidelines Proposed Scheme Kitchen 7.2m² 10.6m² Living Room 13.2m² 15m² Bedroom 1 11.2m² Double) 14.5m² Bedroom 2 6.4m² (single) 10.9m² Bathroom & 3.6m² 3.9m² WC Storage None required 0.6m²

First Floor Flat 2 Room Guidelines Proposed Scheme Kitchen 7.2m² 10.6 m² Living Room 13.2m² 15 m² Bedroom 1 11.2m² Double) 14.3 m² Bedroom 2 6.4m² (single) 10.6 m² Bathroom & 3.6m² 3.9 m² WC Storage None required 0.6m²

The ground floor flat to the rear has doors which open directly onto the communal area. This as it stands would be unacceptable as you could in theory have people from the other flats using the lawn right up to these windows. To overcome this issue a portion of the area to the rear of this flat should be fenced off to provide future occupiers with some private amenity space.

A further concern with this layout is that the entrance to the flats will be to the north of the building and future occupiers will be forced to enter and exit the flats via a narrow dark alleyway which is not going to provide a sense of security for future occupiers.

In order to overcome this issue the agent will be asked to redesign this element of the scheme in order to provide a safe and secure access to the communal lobby.

Subject to the above issue being resolved the proposal is considered to comply with Policy CS19 of Gravesham Core Strategy (2014).

To the rear of the property communal amenity space is indicated which will provide future residents with outside space. As these are two bedroom flats they may be occupied by families with children and open space is vital.

Due to the close proximity of the scheme to Rochester Road a condition will be required to ensure the development minimises the noise from existing traffic noise. The condition would include the noise attenuation provided by the construction, including design and installation of windows and reference shall be made to British Standard 8233:2014.

The effect on neighbouring properties living conditions With the redevelopment of 55 Rochester Road careful consideration must be given to the impact this development will have on the surrounding properties.

Directly to the north of the site is 53 Rochester Road which is a single storey dwelling with an attached garage abutting the boundary of 55 Rochester Road. There are no habitable windows of 53 Rochester Road facing onto 55 Rochester Road. The footprint of the proposed development will be 1.8 metres further forward than the garage of 53 Rochester Road; however this will not have a detrimental impact on 53 Rochester Road in terms of overshadowing, outlook or loss of light.

This 4 metre extension will not have any adverse impact on the living conditions of No.53 Rochester Road. It will not lead to a loss of light, overshadowing or loss of outlook for No.53 Rochester Road.

On the north elevation the only windows proposed are bathroom windows which will be obscure glazed and top hung only (this can be enforced through an appropriately worded planning condition).

The south elevation has 4 windows on the flank elevation (2 at ground floor, 2 at first floor) serving the kitchen to each flat. These windows will overlook onto the adjoining property to the south, but the position of these windows will result in overlooking onto the roof of the adjacent property. There will be no sense of overlooking from occupiers of the adjacent property.

The rear elevation of the property which contains bedroom windows will have a difference of over 60 metres to the nearest dwellings on Denton Court Road and is in excess of the 26 metres required by the Council’s Residential Layout Guidelines.

In summary its considered that in terms of impact on the adjacent properties there will be no detrimental impact and the development complies with Policy CS19 of Gravesham Core Strategy (2014).

Effects on highway safety According to the application form the development will provide 4 parking spaces (one per flat). However, the site layout plan shows that there are actually 8 spaces available in a tandem form of parking. This approach is a clear over provision for the site and would result in 125.62m² of hard paving that would be detrimental to the character of the area. In order to overcome this issue the applicant has agreed to submit revised plans reducing the parking to 4 spaces. A further benefit of this reduction in parking spaces is that the amenity space for the flats will be increased.

The access for the development will be on the shared private drive which adjoins the property. Gravesham Senior Development Engineer has reviewed the proposal in highway terms and concludes the development is acceptable in highway terms. It is considered this proposal complies with Saved Policies T1 of Gravesham Local Plan First Review (1994).

Recommendation The application be delegated to Service Manager Development Management, for PERMISSION, subject to remaining consultation responses and to the following outstanding issues being resolved:

 The amenity space to the rear needs to be divided to provide private space for ground floor rear flat;  a SuDs strategy needs to be provided for the site;  the roof needs to be redesigned as a fully hipped roof;  car park to the rear reduced from 8 to 4 spaces; and  secure entrance to the flats.