AGENDA ITEM

10 COMMITTEE: DEVELOPMENT CONTROL

DATE: 7th DECEMBER 2016

SUBJECT: NAPIER PARK, KIMPTON ROAD, – OUTLINE APPLICATION FOR A MIXED USE DEVELOPMENT – RESIDENTIAL, RETAIL, OFFICE, STORAGE AND DISTRIBUTION, HOTEL AND CASINO USES, NEW LANDSCAPING, PARK AND PUBLIC REALM, CAR PARKING, MEANS OF ACCESS, NEW ACCESS TO KIMPTON ROAD AND OTHER ASSOCIATED WORKS. (WITH EIA) – APPROVAL OF RESERVED MATTERS, INCLUDING ACCESS, APPEARANCE, LANDSCAPING, LAYOUT AND SCALE FOR 520 RESIDENTIAL UNITS ON PLOTS 8, 9 AND 10 OF PLANNING PERMISSION 13/00280/OUT DATED 16TH APRIL 2015. (APPLICANT: REDROW HOMES EAST LTD) (APPLICATION NO: 16/01340/REM)

REPORT BY: DEVELOPMENT CONTROL MANAGER

CONTACT OFFICER: CAROLINE ELLIS 01582 546317

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED:

PURPOSE

1. To advise Members of a current application for planning permission and to seek their decision.

RECOMMENDATION(S)

2. It is recommended that planning permission is granted subject to the following conditions:

(01) Condition No. 3 of permission 13/00280/OUT dated 16th April 2015 is hereby discharged insofar as it relates to access, appearance, landscaping, layout and scale of Plots 8, 9 and 10 only, as shown on drawings numbers:- 1430_SP_00 A, 1430_GA_P_100 A, 1430_GA_P_101 A, 1430_GA_P102 A, 1430_GA_P_103 A, 1430_GA_P_104 A, 1430_GA_P_A_200 A, 1430_GA_P_A_201 A, 1430_GA_P_B_200 B, 1430_GA_P__B_201 B, 1430_GA_P_B_202 A, 1430_GA_P_C_200 A, 1430_GA_P_C_201A, 1430_GA_P_CP_200 A, 1430_GA_P_D_200 A, 1430_GA_P_D_201 A, 1430_GA_P_E_200 A, 1430_GA_P_E_201 A, 1430_GA_P_F_200 A, 1430_GA_P_F_201, 1430_GA_P_G_200 A, 1430_GA_P_G_201 A, 1430_GA_P_H_200 A, 1430_GA_P_H_201, 1430_GA_E_A_210 B, 1430_GA_E_A_211 B, 1430_GA_E_A_212 B, 1430_GA_E_B_210 B, 1430_GA_E_B_211 B, 1430_GA_E_B_212 B, 1430_GA_E_C_210 B, 1430_GA_E_C_211 B, 1430_GA_E_C_212 B, 1430_GA_E_D_210 B, 1430_GA_E_D_211 B, 1430_GA_E_E_210 A, 1430_GA_E_E_211 A, 1430_GA_E_F_210 A, 1430_GA_E_F_211 A, 1430_GA_E_G_210 A , 1430_GA_E_G_211 A, 1430_GA_E_H_210 A, 1430_GA_E_H_211 A, 1430_GA_S_220 A, 1430_GA_S_221 A, 1430_GA_S_222 A, 1430_GA_S_223 A, 1430_GA_S_224 A, 1430_GA_S_225.0 B, 1430_GA_S_225.1 B, 1430_GA_S_226 A, 1430_GA_S_227 B, 1430_GA_S_228 A, 1430_GA_S_229 A, 1430_GA_EW_B_250, 1430_GA_EW_B_251, 1430_GA_EW_H_250, 1430_GA_EW_H_251, 1430_GA_EW_SU_250, 1430_GA_EW_SU_251, 1430_EW_250, 1430 B Accommodation schedule, 1430_SP_01 A, 1430 A Block Bin Storage, 1430 A Block Parking Provision Schedule, EA_1610_P_100, EA_1610_P_101 A, EA_1610_P_102 B, EA_1610_P_103 A, EA_1610_P_110 A, EA_1610_P_111 A, EA_1610_P_112 A, EA_1610_P_113 A, EA_1610_P_114 A, EA_1610_P_115 A, EA_1610_P_116 A, EA_1610_P_117 B, EA_1610_P_118 A, EA_1610_P_119 B, EA_1610_P_120 B, EA_1610_P_121 A, EA_1610_P_122 B, EA_1610_P_130 A, EA_1610_P_200 C, EA_1610_P_201 A, EA_1610_P_202 A, EA_1610_P_203 B, EA_1610_P_204 A, EA_1610_P_205 B, EA_1610_206 A, EA_1610_P_207 A, EA_1610_P_208 B, EA_1610_P_209 A, EA_1610_P_210 B, EA_1610_P_211 B, EA_1610_P_212 A, EA_1610_P_213 B, EA_1610_P_400, EA_1610_P_401, EA_1610_P_402, EA_1610_P_403, EA_1610_P_404, EA_1610_P_410, EA_1610_P_411, EA_1610_P_420, EA_1610_P_421, EA_1610_P_422, EA_1610_P_423, EA_1610_P_424, EA_1610_P_425, EA_1610_P_426, EA_1610_P_430, EA_1610_P_431, EA_1610_P_432, EA_1610_P_433, EA_1610_P_500, EA_1610_P_502, EA_1610_P_505, EA_1610_P_506, EA_1610_P_507, EA_1610_P_508, EA_Napier Park, ID14908-001, ID14908-002 Rev A, 6841_GA_02 B, 6841_GA_05 B, 6841_GA_04 B, JBA 16/218 AR01 Arboricultural Report, LP01 Planning Statement, LP02 Reserved Matters, LP03 Statement of Community Involvement, LP04 Acoustic Report.

(02) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 2010, (or any Order revoking and re-enacting that Order with or without modification) no building, extension or other structure shall be erected, constructed or placed within the curtilage of any dwelling house hereby permitted without the prior permission of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9 and H2 of the Luton Local Plan.

(03) Full details of the materials to be used in the construction of the walls, roofs and balconies of the buildings shall be submitted to and approved by the Local Planning Authority before the development is commenced. The development shall be carried out using the approved materials unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9 and H2 of the Luton Local Plan.

(04) The first floor windows of the flank elevations of the dwellinghouses hereby permitted shall be fitted with obscure glazing at all times

Reason: To protect the amenities of neighbouring properties. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan. (05) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as listed in Condition 01 of this permission.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, H2 and ENV9 of the Luton Local Plan.

REPORT

The Site and Surroundings

3. The application site forms plots 8, 9 and 10 of the outline planning permission that was granted for mixed use development of the former Vauxhall Site (now known as Napier Park) in April 2015.

4. The site is approximately 1.5km from the town centre and has good connectivity to the wider area in the form of the Midland Mainline railway which runs from the Midlands to London (via the Luton Parkway Station); London ; which is located 1km to the east; the A505 Hitchin Road linking to the A1; which is 4km to the north and; J10a/J10a of the M1, which is 2.2km to the southwest.

5. The site has been cleared and involves a number of steep level changes resulting in large plateau areas, and slopes ranging from 1:10 to 1:1.5. Generally, the land rises in a northern direction; the lowest point of the site is adjacent to Kimpton Road and rises approximately 41m to the highest point adjacent to Devon Road.

6. To the immediate south of the site is Kimpton Road with small retail units located on the opposite side of the highway overlooking the site. The south- western section of the site is bounded by the railway, which is separated by a 3m wide bank accommodating a dense tree belt that provides visual screening. To the north-west the general topography of the area rises significantly much in the same way as it does across the application site, with the Luton Church Cemetery at the low point climbing to the established housing in Ketton Close, Devon Road and Rutland Crescent (St Anne’s area), where the rear gardens adjoin the north western boundary of the site. The eastern boundary adjoins open land that has recently been cleared of structures, part of this land - the section that lies immediately adjacent to Kimpton Road is currently being considered for the provision of 685 flats, a 209 bedroom hotel, Medical Centre, retail and leisure. The planning application (Ref: 16/00900/FUL/EIA) is currently pending consideration.

Relevant Planning History

7. Prior to 2005 the planning history of the Napier Park site related almost exclusively to the previous manufacturing operations associated with the former Vauxhall plant, which ceased operations in March 2002. Outline permission was granted in October 2006 for a mixed use development but due to the economic recession development of the site was stalled and the planning permission lapsed.

8. In 2013 an outline application was received for a mixed use development for Napier Park and Stirling Place on the south eastern side of Kimpton Road. Permission was granted in April 2015 for the following:

 Up to 625 residential units;  Up to 4,645,sq.metres of supermarket with a sales area of 2,555sq.m;  Up to 4,080sq.metres of other A1 to A5 retail floorspace;  Up to 30,150sq.metres of B1 office floorspace;  Up to 16,500sq.metres of B2 industrial and B8 storage and distribution floorspace;  Up to 15,200sq.metres of Casino floorspace;  Up to 2,089 parking spaces.

9. Pre-application meetings were held between October 2015 and January 2016 and these discussions have informed the formal reserved matters submission concerning the residential plots identified in the Outline scheme as Plots 8, 9 and 10.

The Proposal

10. The application seeks approval of reserved matters relating to access, appearance, layout, scale and landscaping of Planning Permission 13/00280/OUT.

11. At outline stage the total number of residential units approved on the site was up to 625. It should be noted that the plans submitted at that stage were indicative only. In consideration of the requirements of the Local Plan and having regard to the complex topography of the site the total number of units that is proposed is 520. The overall development would be comprised of the following:

 291 apartments within eight blocks (138 No. 1 bedroom flats, and 153 No. 2 bedroom flats);  229 dwelling houses (126 No. 3 bedroom dwellings, 103 No. 4 bedroom dwellings);  918 car parking spaces (458 on plot spaces, 111 garages/integral garages, 137 at grade spaces associated with the apartments, 155 undercroft spaces, 56 visitor spaces, 1 car club space);  138 cycle parking spaces to serve the apartment blocks;  0.5 hectares of public open space;  A two way spine road providing access from Kimpton Road through the site.

Planning Policy

National Planning Policy Framework (NPPF)

12. The National Planning Policy Framework (NPPF) dated March 2012 sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions and is referred to appropriately in the report.

13. Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. Paragraphs 186 and 187 of the National Planning Policy Framework advises that, in dealing with applications, the Council should work in a positive and proactive way with the Applicant in order to focus on seeking solutions to issues arising from the development proposal. In this case, phone discussions, meetings, and email exchanges have taken place with the agent throughout the process.

National Planning Practice Guidance

14. National Planning Practice Guidance (NPPG) should be used in support of the NPPF.

Luton Local Plan 2001-2011

15. The site is identified as being within the Kimpton Road Action Area on the Proposals Map of the adopted Luton Local Plan. The policies that are relevant to the proposal are LP1, ENV9, ENV10, H2, T3, T8 and KR1.

16. Policy LP1 sets out a sustainable development strategy.

17. Policy ENV9 deals with the design principles of new development and,

amongst other things, expects new buildings to enhance the character and appearance of an area, respect existing landforms and natural features and respect the scale and proportion of existing buildings, building lines and heights within the street scene.

18. Policy ENV10 considers landscaping proposals for all new developments.

19. Policy H2 relates to the provision of additional dwellings within the Borough. It states that permission would be granted for housing on sites not allocated in this plan, provided that: the site is previously developed or underused land; there would be no unacceptable effect on the environment; and there is good access to local facilities and public transport.

20. Policy T3 is concerned with the traffic implications of development. Permission will only be granted if the proposal would not exacerbate road congestion; cause safety problems; or be likely to cause demonstrable harm to the quality of the environment.

21. Policy T8 seeks new developments to encourage walking and cycling as part of their proposals.

22. Policy KR1 relates specifically to the redevelopment of Kimpton Road. Part [b] seeks that the design of any redevelopment will enhance the character and appearance of the site when viewed from surrounding area.

Emerging Local Plan 2011-2031

23. The emerging Local Plan has been submitted for examination, which is currently being heard. All being equal it is anticipated that the Plan would be adopted in early to middle 2017. The policies contained within that Plan are afforded some weight in the decision making process, but the current Luton Local continues to form the predominant development plan for the Borough. The site is allocated on the Proposals Map of the emerging Local Plan as a strategic allocation site and Policy LP8 is specifically relevant. This policy seeks a comprehensive redevelopment of the Napier Park site setting out appropriate objectives for development proposals.

Equality Implications

24. No disproportionate effect on people with protected characteristics has been identified.

Consultation Responses

25. LBC Highways: No response has been received. Any comments made will be reported at the Meeting.

26. LBC Parks: Identifies that the belt of trees adjoining properties in Devon Road have no individual merit but as a group offer some amenity. However, the trees are in poor condition with a limited safe life expectancy. Advise that the trees are removed and replaced with double planted rows of mixed native hedgerow species with some native trees planted. Retaining the trees in the present condition offers only short term screening as the entire belt would need to be removed at some point. Has no untoward comments regarding the proposed landscaping.

27. Police Architectural Liaison Officer: No response has been received. Any comments made will be reported at the Meeting.

28. Affinity Water: No response has been received. Any comments made will be reported at the Meeting.

29. Thames Water: No response has been received. Any comments made will be reported at the Meeting.

30. London Luton Airport Safeguarding: Advises that the proposal does not conflict with the safeguarding criteria but the following should be considered: proposed landscaping should comply with Advice Note 3 ‘Potential Bird Hazards from Amenity Landscaping and Building Design.’ External lighting schemes need to be carefully designed to ensure no light spill. Accurate noise contours are available in the most recent annual monitoring reports. Details of any craneage must be submitted to the London Luton Airport Operations Ltd.

31. LBC Environmental Protection: No response has been received. Any comments received will be reported at the Meeting.

32. Statutory Neighbour Consultation: 226 neighbours were notified by letter, site notices were posted close to the site and a press notice was posted. Six representations have been received raising the following concerns;

 Previous plans included a supermarket but this is no longer included – there is insufficient supermarket provision (related to the proposals for the wider site as opposed to specifically to the residential development being considered as part of this application);  Object to high rise flats – not consistent with previous plans for the site, not in keeping with the character of the area and would have a detrimental impact on housing to rear of the site;  Site levels have been raised – new housing would therefore overlook existing properties;  Access road should be provided by developer to the rear of Devon Road to enable off road parking for existing residents;  High rise flats would lead to slums;  Residential provision is too dense leading to social problems;  Loss of trees to rear of Devon Road would result in existing properties being vulnerable with security issues;  “Upper Gardens” section of the development should be bungalows;  Proximity of houses to some of the properties in Devon Road would lead to loss of light and visual intrusion.

33. Following amendments to the proposal, neighbouring residents have been re-consulted and the following points have been raised;

 Existing infrastructure will not cope with the additional traffic;  Insufficient parking provided for the amount of dwellings/units proposed;  Very little public transport in the area;  Inappropriate location for high rise flats;  Loss of privacy to nearby residents;  Council should insist the trees to the rear of properties in Devon Road are retained as they provide privacy, act as a noise barrier;  Re-opening of the footpath to the rear of Devon Road properties should be stopped;  Existing facilities such as school, health facilities would not be able to cope with the additional pressure;  Proposals should be refused at planning committee.

34. Prior to submission the agent has engaged with the local community, including ward Councillors, as documented in the submitted Statement of Community Involvement report.

MAIN PLANNING CONSIDERATIONS

35. The principle of the development and the main access into the site has already been established as being acceptable. The material planning considerations therefore relate to layout, scale, access through the site, appearance and landscaping.

Layout

36. The topography of the site has heavily informed the overall layout and resulted in the provision of 3 character areas that respond to the prevailing ground levels of the site. These are referred to as Valley Gardens, Midslope Gardens and Upper Gardens.

37. Valley Gardens is the lowest plateau that forms the gateway to the site and is located on the southwestern side of the site, adjacent to Kimpton Road. This area would provide the highest density of development, with the provision of apartment blocks that range in height from 4 to 8 storeys, which is in keeping with the vision for the development as set out in the plans approved as part of the development at Outline stage. The access into the site is different to what was previously approved at Outline stage and this has resulted in the layout varying in order to accommodate the new link created off Kimpton Road. In addition to the proposed apartment blocks, some dwelling houses would also be provided in the Valley Gardens, and these would be positioned in a flank to flank arrangement that follows the curve of the spine road as it progresses into the site towards the Midslope Gardens area.

38. The second plateau is referred to as Midslope Gardens, which is centrally located within the site and this area would comprise a mix of terraced, semi- detached and detached dwelling houses. Retaining walls are provided in this area to manage the ground level changes, which at this location is declining in a south and south-eastern direction. The north-western boundary of this area adjoins the rear of properties in Ketton Close and the boundary with Road cemetery. A key focal point of the site, Napier Green, is provided in the Midslope Gardens area, and consists of an area of play for active and passive recreation.

39. Located on the highest plateau away to the northwest of the site is the Upper Gardens, which is a narrow area to the rear of properties in Devon Road. This area is defined primarily by semi-detached and terraced dwelling types. The eastern section of the site is marked by woodland tree planting, the details of which are discussed in the Landscaping section of this report.

40. With regards to the proposed apartment buildings, Blocks A, B, C and D, located in the Valley Gardens area, are grouped together and accessed via the main spine road leading off Kimpton Road that was approved at Outline stage. The rear elevation of Blocks A and B would face onto the spine road and would be positioned in a flank to flank arrangement, separated by a secondary access road, which would lead to the surface level parking for Block B and access to the podium parking area located below Blocks A, C and D. The parking area for Block B is positioned immediately to the front of that building.

41. The layout of Blocks A, C and D run in a southwest to northeast orientation, which results in their flank elevations addressing Kimpton Road. These three blocks are separated by a distance of between approx. 23 metres and 31 metres within which, landscaped amenity decks would be provided for future residents.

42. The remaining flat blocks, E, F, G and H are positioned so that they front onto the new spine road to be created off Kimpton Road, which will lead through the site. Blocks E, F and G are positioned on the south-western side of the road and located adjacent to the south-western boundary of the site, which runs parallel with a public footpath and the railway line beyond this. These blocks are positioned in a flank to flank arrangement, separated by parking areas to serve each block. Block H would be located on the north- eastern side of the road, almost directly opposite Block F.

43. Overall, the apartment blocks have been arranged to achieve, and in most instances exceed, the minimum separation distances that are specified in the Local Plan. To clarify, the Local Plan specifies a distance of 13.7 metres should be retained in flank to rear arrangements, and 21.3 metres in front to rear arrangements. As such this arrangement ensures the proposals would not appear cramped and also serves to ensure the living environment for future occupiers is suitable.

44. Internally the apartments adopt suitable layouts with all habitable rooms benefitting from a window opening ensuring adequate daylight penetration and outlook, with some of the apartments also having a dual aspect. The units would generally have open plan kitchen/living/dining areas with either one or two bedrooms and a bathroom, and in some of the larger two bedroom units there is also an en-suite. Generally a spacious living environment would be acheived and in most cases would exceed the space standards specified in the Nationally Described Space Standards document issued by DCLG. External amenity space provision for the apartments would be provided in the form of both standard and Juliet balconies and also in the form of podium decks and open areas surrounding the blocks.

45. The proposed residential dwelling houses have generally been arranged in a flank to flank position, fronting on to the proposed spine road and this layout principle is generally continued within the secondary roads leading off that main access. In some instances, particularly at corner locations, the properties have been positioned in a flank to rear arrangement with the separation distances falling to between 11m and 12m, which is slightly below the minimum standards set out in the Local Plan. Whilst this is not ideal it is not considered that the deviation would have a detrimental impact on the overall character of the area or the future living environment to be created where these instances occur. Generally, the development would achieve suitable separation distances between properties, which are compliant with those set out in the Local Plan.

46. There are existing properties in Devon Road, Rutland Crescent and Ketton Close, which adjoin the north-western boundary of the application site. A narrow strip of land that is between 1 to 1.5 metres (approx.) in width separates the application site from the rear boundary of these existing properties. Owing to level differences, the existing properties sit marginally higher than the application site and the proposed dwellings. The proposed dwellings would be positioned with either the flank or rear elevation facing towards the rear of properties in Devon Road, Rutland Crescent and Ketton Close. In each instance, the proposed dwellings would have a spatial separation distance that would exceed the requirements specified in the adopted Local Plan. In some instances the distance between the rear of properties in Devon Road and the flank wall of a proposed dwelling is 26 metres, which is similar to the relationship between properties in Devon Road and adjoining roads (Norfolk Road, Durham Road etc.) where a flank to rear relationship exists. Neighbouring residents have raised concern regarding loss of privacy, loss of light and visual intrusion due to the proximity of the proposed dwelling. However, the minimum spatial separation distances set out in the Luton Local Plan have either been met or exceeded and having regard to the garden lengths of properties in Devon Road and the topography of the land, it is not considered that the resultant impact would be so significant to justify refusing or seeking amendments to the proposal. Additionally, the secondary windows in the flank elevation of the proposed dwellings would be provided with obscure glazing to restrict the scope for overlooking to occur. It is acknowledged that the properties in Ketton Close and Rutland Crescent have shorter gardens but nonetheless the minimum separation distances have again been achieved. Residents in this location, for some time, have not had any built form adjacent to the rear boundaries so the proposed development represents a considerable change to what the residents have been accustomed to. However, it must be borne in mind that redevelopment of the site has been anticipated since the previous industrial buildings were removed from the site, and further reinforced when Outline permission was granted in 2015. The relationship that would be created between the existing and proposed dwellings in this instance would be similar to other suburban areas throughout the Borough.

47. Internally the dwellings adopt suitable layouts with all habitable rooms having a window opening ensuring adequate daylight penetration and outlook. The dwellings are generally arranged with a shared kitchen/dining room with a separate lounge on the ground floor, and with bedrooms, family bathroom and en-suite on the upper floors. Some of the proposed housing styles incorporate accommodation within the roof-space and light and outlook is achieved through the inclusion of dormer windows on the front elevation and roof windows to the rear. The proposed 3 storey town houses adopt a less conventional layout with an integral garage and a shared kitchen/dining room on the ground floor and the lounge and bedrooms on the first and second floors. Generally the internal space standards set by DCLG would be met and in some instances exceeded. Each new dwelling house would benefit from an enclosed rear garden that is of an appropriate size proportionate to the number of occupants. Overall the proposed layout of the houses is considered acceptable and would provide future occupiers with a suitable living environment.

48. A total of 918 parking spaces would be accommodated across the site, at a rate of 1.8 spaces per unit. Generally, the dwellings would have a minimum of two parking spaces, in the form of garage spaces or on site spaces, which would be either double length or double width spaces. Designated parking courtyards would be provided for the blocks of flats, which would be adequate in terms of quantum and arrangement. The majority of the parking for Block B would be accommodated at grade level but owing to increased landscaping provision in this location there has been a need to accommodate further parking spaces within the undercroft parking area to Blocks A, C and D, the principle of which was agreed at Outline stage. Visitor parking bays would also be provided at numerous locations through the site. Neighbouring residents have raised concern that the parking provision would be inadequate and lead to future problems. However, the level of parking would be within the maximum standards set out in the Local Plan and would ensure that capacity exists to prevent overspill of parking to surrounding, existing streets.

49. The layout incorporates dedicated cycle parking areas. A total of 78 cycle parking spaces would be provided within the undercroft area, specifically for the use of residents within Blocks A, B, C and D. The remaining blocks would have a dedicated cycle area either within the ground floor of the block or in the form of a detached storage facility conveniently located to entrance points to the buildings that they would serve.

50. The properties within the development are all located to face out onto public areas including the identified play areas ensuring a suitable level of natural surveillance.

51. Overall it is considered that the layouts of the public and private areas of the development are acceptable.

Scale

52. A storey heights plan was approved as part of the Outline Permission, which set out the envisaged building heights to be achieved across the site. In terms of Plots 8, 9 and 10 (to which this application refers) the heights would range between 9 metres and 12 metres with buildings of a greater height (ranging between 9 metres and 21 metres) being permissible within the south eastern section the site (covering the majority of the area identified as the Valley Gardens). The envisaged storey heights were indicative at that stage, with detailed matters relating to scale being reserved for future approval.

53. With regards to the individual blocks Block A would be of the greatest scale at 8 storeys, which is commensurate to its position at the gateway point into the site. The overall height of this building would be between approx. 24.6 metres (on its northern side) and approx. 30 metres (to the southwest where it sits adjacent to Kimpton Road), with the variation in height taking into account the level changes encountered at this point of the site. Block B, which sits to the northwest of Block A and adjacent to the main spine road into the Napier Park development, would range from 19 metres and 25.5 metres in height, with the building varying from 6 to 8 storeys.

54. Whilst it is noted that the scale of Blocks A and B exceed the heights originally envisaged for this area, the overall footprint of where taller structures were considered appropriate on the site has been significantly reduced to just two buildings, which would be kept to the south-eastern edge and away from the existing residential areas of St Annes. The remainder of the development would be 4 storeys and below. In this regard the Masterplan submitted as part of this proposal generally accords with the Outline permission and concentrates the highest densities of development to the gateway into the development and at its lowest point on the Kimpton Road frontage with the scale of the buildings then dropping down as it moves northwards into the site, and towards the domestic scale of existing residential properties.

55. The principle of a larger scale of development was deemed acceptable during the determination of the outline permission. It is therefore necessary to consider whether the increase in height beyond the heights indicated on the original parameter plans is acceptable. The surrounding area is varied in scale, seeing 2 storey buildings on Kimpton Road directly opposite the site, industrial buildings of a varying scale and mass and a 7 storey hotel building in close proximity to the south-east of the application site. It is important to note that Blocks A and B would be viewed in the context of the whole site and would sit within the Valley Gardens plateau area where to the north-east the remainder of the site would be rising in height thereby providing a back drop to these blocks. Additionally, the 8 storey blocks would be positioned adjacent to the 4 storey blocks (C and D) thereby providing a gradual transition into the site, which would assist in reducing the impact on the street scene of Kimpton Road.

56. With regards to the footprint of buildings, the four blocks closest to Kimpton Road (Blocks A, B, C and D) would be greater than remaining buildings across the site, due to their bespoke design. Blocks A and C would each measure 50 metres in length and 17 metres in width with Blocks B and D being marginally smaller in the region of 42 metres in length by 17 metres in width. The remaining four apartment blocks (E, F, G and H) would be more modest in size with a footprint in the region of 29 metres by 14 metres. Having regards to the varied footprints of buildings in the surrounding area, it is not considered that the proposed footprint of the buildings within the proposed development would be an issue.

57. In terms of the impact created by the scale of the development, given that the site has been vacant since the mid 2000’s any development on the site would result in alterations to the street scene. It is considered that given the topography of the site, the nature of existing buildings in the area and having regard to the scale of the former car manufacturing plant that previously occupied the site, the proposed scale of development would be acceptable in this instance and as such, those alterations to the street scene would be acceptable. Furthermore the creation of landmark buildings at the gateway into the development would provide an appropriate response to the identification of Napier Park as a strategic site for redevelopment.

58. With regards to the potential impact on existing neighbouring residents in the St Anne’s area, concerns have been raised in the representations received that the high rise flats would be uncharacteristic of the area and would have a detrimental impact on existing housing. Given the housing shortages within the Borough and the limited supply of suitable sites for development it is necessary for higher density residential development to be carefully considered and in this instance, as Napier Park is a strategic site; it represents an opportunity for meeting some of the housing needs existing in the Borough provided that such development, and its resultant impact is appropriate. The section of the site adjacent to Kimpton Road (and where Blocks A and B are proposed) presents the most appropriate part of the site to provide higher density development. It is positioned at the site’s lowest land gradient and is the area furthest away from existing residents (223 metres at its closest point). Taking this into account, together with the increasing height of the land and the proposed housing that is proposed in between the two areas, it is not considered that any resultant visual intrusion would be detrimental to a degree that would compromise the quality of life of existing residents in the St Anne’s area and opportunities for overlooking to occur would be limited.

59. The proposed dwelling houses would consist of a mix of 2, 2.5 and 3 storey house types. The most sensitive part of the site in terms of the relationship with adjoining land uses would be to the northwest, where it stands adjacent to the neighbouring houses in Ketton Close, Rutland Crescent and Devon Road. At this location the proposed dwellings would range in height from 2 to 2.5 storeys. The 2.5 storey dwellings would utilise the roof space with dormer windows being provided to the front and overlooking the highway, as previously stated. These dwellings would be positioned with either the flank or rear elevation facing towards the rear of properties in Ketton Close or Devon Road in a standard residential relationship. In all instances the minimum separation distances would be met or exceeded and as such the proposed scale is not considered to lead to an adverse impact on the adjoining occupiers. The 3 storey properties would be provided in the Midslope Gardens area of the site, towards the south-eastern boundary adjacent to the area designated as the spine road for the outline permission. As such the scale of development would have no adverse impact on the adjoining occupiers of the site.

60. A local resident has suggested that the Upper Gardens section to the northwest of the site (sited to the rear of properties in Devon Road) should only provide bungalows. Whilst this comment is noted, given that the separation distances have been met or in some instances exceeded, there would be no justification to limit the dwellings to single storey only. The properties in Devon Road generally sit higher than the application site so notwithstanding the concerns raised by residents it is not considered that the resultant impact would be to a degree that would justify a refusal or modifications to the scale of the development in this location.

Appearance

61. Blocks A, B, C and D are described within the Design and Access Statement as being of a contemporary design. They adopt a simple design approach with flat roof lines, accentuated by raised parapets that vary in height. The buildings would be finished in two types of facing brick, which would provide a suitable level of quality to the overall finish. At parapet level a double brick soldier course provides additional variety to the façade of the buildings. The buildings are generally rectangular in shape but the facades are broken up through the provision of 338mm brick recesses that extend to parapet level and are distinguished through the use of a contrasting brown brick. At ground floor level the brown brick is used and a recessed staggered brick finish would be provided. Pedestrian entry points are identified by glazed entrance doors with a projecting canopy, which lead into alobby area beyond. The buildings would be punctuated with elongated fenestration and balconies would add further interest to the appearance of the building. Blocks A and B would benefit from a combination of Juliet balconies and cantilevered balconies. In terms of Blocks C and D, the balcony provision would consist of Juliet balconies or stacked balconies. In each instance the balconies would be enclosed by glazed balustrading, adding a suitable degree of quality to the overall finish. Further details regarding the fixtures would be secured by imposing a suitable planning condition. The balconies would add another level of detail to the overall appearance of the blocks. Overall it is considered that the simple design elements would provide visual interest to the façade of the building to break up its overall bulk and massing, subsequently the design of Blocks A to D is considered to be satisfactory.

62. A more traditional design approach has been adopted for Blocks E, F, G and H which provides a suitable transition from the more contemporary blocks at the gateway into the site to the traditional design approach of the dwellings positioned further into the site. These buildings would be finished in facings bricks with an element of render, generally on the projecting gable elements, to provide contrast and add visual interest to the buildings. A tiled hipped roof is proposed. Additional features include brick soldier horizontal banding along the ground floor and brick soldier header courses above windows. The entrances to the blocks would be centrally positioned to provide a focal point and the building would be punctuated with fenestration details. The design approach is considered acceptable, offering a quality finish and providing suitable visual interest to the development.

63. A varied design approach has been adopted for the dwellings, which would add visual interest to the proposed street scene. A mix of hipped and gable roof forms would be provided, and in some instances a small gable style dormer would be provided on the front roof slope with rooflights to the rear. Generally, the dwellings would be finished in a mix of facing bricks with some render but full details would be requested by imposing an appropriate condition. Other architectural features include: dropped eaves; tiled canopies; sash windows; brick banding to sills and headers. It is considered that the varied design finishes along with the variations in scale and massing ensure the proposal would provide visual interest to the proposed street scene. The proposed dwellings are considered to be of a suitable quality and no design issues are raised.

64. In some instances integral garages would be incorporated but where detached garages are provided these would vary from single to detached garages with either a gable or hipped roof style. Given the varied design of the dwellings this is considered an acceptable approach.

65. Other structures on the site would include a sub-station, cycle stores and bin stores, all of which would be constructed from brick and provided with a tiled hipped roof. These are generally considered to be of a suitable design, which would integrate with the character and style of the overall development.

66. Either side of the vehicular and pedestrian entrance into the site from Kimpton Road would be marked by a brick curved wall feature with stone capping. The brick piers would vary in height from 1.2m to 1.8m with an ornamental feature provided on each pier. This is considered satisfactory in design terms and an attractive addition that would improve the setting of the development.

67. Owing to the topography of the site it is essential for retaining walls to be provided, a matter that was agreed in principle at the outline stage. In some places the retaining walls are particularly high, with the highest being the Block B retaining wall. This wall is a key strategic retaining wall to the front of the site immediately to the rear of the parking area for block B, which would reach a height of 7.5 metres at its highest point. In order to minimise the oppressive nature of the retaining walls they have been, where possible, set away from the residential units and would be planted with appropriate vegetation, which over time would grow through giving a natural appearance. The precise details of the retaining walls, including planting, would be included as part of the application to discharge Condition 19 of the outline permission.

68. Other boundary treatments include 1.8 metre high close boarded fencing that would be used to separate and enclose the private rear gardens. At the corner properties the close boarded fencing would be visible within the street scene but this is not considered an issue. Napier Green and the 3 local green spaces would be enclosed by a 1.1 metre high bow top metal railing fence and gates. Front gardens would be demarcated by a 1.1 metre ball top metal railing fence. Along the southern side of road 5 a 0.5 metre high timber post and rail would be provided. Overall the proposed boundary treatments are considered acceptable.

Access

69. The main spine road into the site as approved at Outline stage would serve the residents of Blocks A, B, C and D, leading directly to the surface and undercroft parking areas. Due to the difficulties of achieving a viable layout option on the land an additional access point to serve the remaining areas of the site was granted consent in November 2016 (Ref. 16/01352/FUL), which would also lead off Kimpton Road, and would be located approx. 90 metres to the northwest of the originally approved spine road.

70. The predominant vehicular access through the site would lead off the new access point from Kimpton Road and would evolve into a main spine road that would adopt a sinuous form in response to the topographical challenges of the site. This approach to navigating the site is generally consistent with outline masterplan. The main access road would be flanked by pedestrian footways largely throughout with the secondary roads leading from this adopting a shared surface finish providing a suitable environment for vehicular and pedestrian use.

71. Pedestrian links have been provided with adjoining areas and through the site to maximise permeability and provide a comprehensive network of pedestrian/cycle routes. A key pedestrian route through the site would be via the main communal area of open space at the centre of the development (Napier Green). Pedestrian links to the wider area include a link adjacent to Block G to provide access to the public footpath that runs adjacent to the railway line, and a sinuous footpath link that would provide access to the wider associated development (outside of the application site boundary). Condition 16 of the 2013 Outline consent sought the provision of a pedestrian link from the development to Devon Road, and the layout of the development maintains the opportunity to provide this link as and when the Condition comes forward for formal discharge.

Landscaping

72. A comprehensive landscaping scheme has been submitted in accompaniment with the application that includes plans and a list of species to be planted. The development proposes a wide range and scale of public areas of open space and areas of buffer landscaping.

73. The focal point would be the largest area of open space (referred to as Napier Green) that is generally positioned in a central location adjacent to the spine road and within the Midslope Gardens area. This would comprise of 3 distinct play areas utilising a range of natural and prescriptive play elements. An attractive area would be created that would be lawned with some areas of wildflower meadows to more formal tree and shrub planting. This space would measure approx. 300 sq.metres in area.

74. Three local green space areas would also be included within the site, which would provide a more limited range of play opportunities reflecting their more localised nature. Two of these areas would be located in the Midslope Gardens section of the site and provide some play and recreational equipment. Elements of landscaping would be used to buffer these areas. The third local green space area would be provided within the Valley Gardens area of the site adjacent to Block D.

75. A number of pocket parks would also be provided throughout the development site, which would provide local green spaces with planting and seating that would be positioned to optimise the views from the site.

76. The pedestrian pathway link to be created between the main spine road adjoining the southeastern boundary into the development would be comprised of a winding path in order to counter the increasing land gradient which would be retained with gabion cages and safety rails. Between this would be a series of steps to provide a more direct link if pedestrians desire.

77. The two communal podium gardens between Blocks A, C and D (1,316 sq. metres and 1,144 sq.metres in area), and the private communal area specifically for Block D (180 sq.metres in area) would provide vital areas of amenity space for residents. Each area would consist of hard paving, lawned areas, planting and seating areas. Access to these areas would be restricted to residents only, thereby providing residents with a sense of ownership.

78. The other blocks would be suitably landscaped with shrubs around the perimeter of these buildings, which would complement the tree planting along the spine road to the front of these buildings. Additional tree planting would be provided along the length of the spine road through the site and the secondary roads. Parking areas have been broken up by the provision of parcels of landscaping and the front gardens to the dwellings are also provided with a suitable level of landscaping that adds visual interest.

79. The submitted details indicate that the retaining walls would be planted accordingly and further details of this would be secured by Condition 19 of the Outline permission.

80. An Arboricultural Statement has been submitted regarding the loss of trees to the rear of properties on Devon Road, a matter that local residents are concerned about. The statement indicates that a double row of trees that broadly consist of maples and sycamores are provided, which have historically been pollarded resulting in structural defects in many of the trees. A recommendation is made to remove all low quality trees within the front row (site side) and retain those closest to the residential boundaries from Nos. 12 to 26 Devon Road. Additionally tree planting would be provided along the boundary with properties in Ketton Close, Rutland Crescent and to the rear of No. 2 through to No. 12 Devon Road. Following receipt of the Arboriculture Statement and revised tree planting, the scheme was reviewed by a Council Arboriculture Officer who conducted a site visit and identified that the trees have no individual merit but as a group offer some amenity. With regards to the health and vitality of the trees, the inspection identified that the trees are in a poor condition, with a limited life expectancy, and the risk of branch and stem failure is considered to be high. The Council’s Arboriculture Officer has further advised that the most suitable option would be to remove the trees and provide a replacement native hedgerow and tree planting that would provide a more effective screen as retaining the trees in the present condition would offer only a short term screen as the entire belt of trees would need to be removed at some point. The recommendations of the Council’s Arboriculturist are the subject of current discussions with the applicants in order that an acceptable balance can be achieved which recognises the accepted limited life span of the trees and at the same time offers scope for securing an appropriate and proportionate level of replacement future cover.

81. Subject to the satisfactory resolution to the discussions referred to above. it is considered that the proposed landscaping across the development is of a suitable scale and variety to provide visual interest and a high quality environment. CONCLUSIONS

82. The detailed matters relating to layout, scale, appearance, access and landscaping are considered acceptable and would serve to provide an attractive redevelopment of the land. It is considered that the proposal would positively contribute to the rejuvenation of this vacant and underused brownfield site and contribute some much needed regeneration of the surrounding area. The impact on adjoining owners would be acceptable, suitable design and landscaping have been achieved and the level and form of parking is in accordance with the standards of the Local Plan. Future occupiers would be provided with a high quality living environment. As such the proposal is recommended for approval.

LIST OF BACKGROUND PAPERS

LOCAL GOVERNMENT ACT 1972, SECTION 100D

83. Luton Local Plan 2001–2011

84. Emerging Luton Local Plan 2011-2031

85. National Planning Policy Framework

86. Planning Practice Guidance

87. Planning Permission ref: 13/00280/OUT

DETERMINATION OF PLANNING APPLICATIONS

88. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.

HUMAN RIGHTS ACT 1998

89. The determination of the applications which are the subject of these reports is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and 2. Article 1 of the First Protocol: Protection of Property

90. The evaluation section of each report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

91. In reaching the recommendations set out in each report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

92. In dealing with planning applications on this agenda and in reaching the recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.

TSG – Plan numbers = To be confirmed with CE