S.4

P/2006/1016/PA Goodrington With Roselands

Land South West Of 82 York Road (Rear Of 13-21 Elsdale Road) Adjacent To Allotments Erection Of 5 Dwellings With Vehicular/Pedestrian Access (Revised Scheme)

Representations

Objection

Constraints: Support

Individual Tree Preservation Orders - 1976.08 - Elsdale Road, (T2) Neighbour Notified Cirl Bunting 2KM Feeding Zones - In Zone

Comments Received (As of 17 August 2006):

Objecting To Application Mr & Mrs Damon - 11 Elsdale Road Paignton Mr & Mrs Bridge - 15 Elsdale Road Paignton Devon Ms R Grant - 17 Elsdale Road Paignton Devon Mr & Mrs S Allnutt - 35A Elsdale Road Paignton Devon Mr & Mrs Swayne - 14 Elsdale Road Paignton Devon Jenni Parkes - Coombe Cottage Coffinswell Mr & Mrs Scott - 73 York Road Paignton Devon G. Stevens - 7 Elsdale Road Paignton Devon Miss J Manley - 4 Mill Crescent Cannock Staffordshire Mr & Mrs Weston - 82 York Road Paignton Devon Mrs L Frampton - 16 Elsdale Road Paignton Devon Owner/Occupier - 43 Elsdale Road Paignton Devon S.Rice - 47 Elsdale Road Paignton Devon Owner/Occupier - 49 Elsdale Road Paignton Devon Mr & Mrs Paulton - 71 York Road Paignton Devon Owner/Occupier - 75 York Road Paignton Devon Mr & Mrs Allnutt - 8 Hacker Close Newton Poppleford S.4

Site Details Vacant site situated at the end of York Road, to the rear of properties in Elsdale Road, Paignton.

Relevant Planning History 99/0155 Erection of dwelling houses (in outline). Conditionally approved by noticed dated 7/7/1999. 2002/0919 Reserved matters application pursuant to outline consent 99/0155 for 5 dwellings. Approved 21/11/2002. 2003/0335 Erection of 5 detached dwellings. Refused 16/7/2003 on the grounds; "The proposal constitutes overdevelopment of a restricted site, detrimental to the character and appearance of the area and the residential amenity of adjacent occupiers, contrary to Policies H10, H11 and the criteria of Policy H16 and the Environmental Guide, all of which form part of the Local Plan (Revised Deposit Version)." 2006/0524/PA Erection of 6 dwellings with vehicular/pedestrian access. Refused 26/5/2006 for the following reasons: 1. The proposed layout constitutes overdevelopment of a restricted site, which will have a detrimental impact on the character and appearance of the area, and the residential amenity and privacy of neighbouring, dwellings, contrary to Policies H9, H10, BES and BE1 of the Torbay Local Plan 1995-2011. 2. The proposed development will necessitate improvements to both education and public transport provision and, in the absence of a legal agreement to secure appropriate contributions, this application fails to comply with Policies CF6 and CF7 of the Torbay Local Plan 1995-2011. ZP/06/0690 Pre-application enquiry regarding current proposal. Letter dated 18/7/2006 from planning officer reproduced on Page S.204.

Relevant Policies Torbay Local Plan 1995-2011 - H9 Layout, design and community aspects H10 Housing densities CF6 Community infrastructure contributions CF7 Educational contributions BES Built Environment Strategy BE Design of new development T25 Car parking in new development T26 Access from development onto the highway

Proposals Revised application now submitted for development of the site for five dwellings, two pairs of semis and one detached unit. The layout now proposed is similar to that previously approved under application references 99/0155 and 2002/0919. Vehicular access is via a continuation of York Road which will now culminate in a turning head as previously approved. Units 1-4 are served by pedestrian access only, enabling them to be sited along the southern boundary of the site in order to achieve maximum distance from existing properties in Elsdale Road. Units 1-4 are now shown as being 21 metres away from the rear of properties in Elsdale Road. Unit 5 is a detached property and has been designed so as to have no principal windows at first floor level at the rear overlooking Elsdale Road. A block of four garages is proposed along the northern boundary for use by units 1-4. Unit 5 has an integral garage. A new 2 metres fence and hedge along part of the rear northern boundary and new 1.8 metre vertical board timber fence and beech hedge along the southern boundary with the existing allotments. The buildings are all of a two storey pitched roof design with exterior finishes of terracotta concrete tiles and walls; top section in white finish on plain render, lower section in either mid-grey brick or mid-grey finish on plain render with grey brick plinth. White UPVC windows, doors, fascias etc. Letter dated 18th July from the applicant in support is reproduced on Page S.204. A letter dated 18th July from the applicant has also been submitted confirming that the applicant is willing to enter into a Section 106 Agreement with the Local Authority in respect of the required education contribution of £8750 (5 x three bedroom dwellings), a transport contribution of £1250 and legal fees of £250, subject to the receive of conditional planning permission.

Consultations Highways Engineer: Obs. awaited. Transport Planners: Obs. awaited.

Representations Letters of objection are reproduced on Page S.204.

Key Issues/Material Considerations The principle of development on this site has already been established through previous consents. The layout now proposed is very similar to that previously approved and provides a distance of 21 metres between the rear of units 1-4 and existing properties in Elsdale Road. The detached property (unit 5) is closer to the boundary but has been specifically designed to avoid main windows at first floor level in the rear elevation. There are no main windows in the side adjoining no. 82 York Road. In these circumstances and bearing in mind the previous history of the site, the layout now proposed is considered acceptable in terms of impact on residential amenity. The houses are of two storey pitched roof design and are considered appropriate to their surroundings. Subject to appropriate screening and landscaping, and to the satisfactory comments of the Highways Engineer, this application is now considered acceptable.

Sustainability - This development makes good use of land within the existing urban area.

Crime and Disorder - No issue.

Disability Issues - No overriding issue.

Conclusions The principle of development is established, and the details are acceptable.

Recommendation: Subject to satisfactory comments of the Highways Engineer, and a Section 106 Agreement regarding education and transport contributions, approval.

Recommendation: Conditional Approval

Condition(s):

01. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re- enacting that Order), no development of the types described in Schedule 2, Part 1 Class A, Class B, Class C, Class E, shall be carried out without the prior written consent of the Local Planning Authority.

Reason: In the interests of the amenities of the area and to comply with Policies H9 and H10 of the Torbay Local Plan 1995-2011.

02. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, 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.

Reason: In the interest of the amenities of the area and to comply with Policy BE2 of the Torbay Local Plan 1995-2011.

03. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development) whichever is the sooner, or at such other time as agreed by the Local Planning Authority in writing, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the. next planting season with others of a similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interest of the amenities of the area and to comply with Policy BE2 of the Torbay Local Plan 1995-2011.

04. The development hereby approved shall not be used/occupied until all the garages and/or car parking areas shown on the approved plans have been provided and made available for use, or to a stage previously agreed in writing with the Local Planning Authority. The car parking areas shall be kept permanently available for parking purposes to serve the development.

Reason: To ensure that adequate off-street parking is provided in accordance with Policy T25 of the Torbay Local Plan 1995-2011.

05. The dwellings hereby approved shall not be occupied until all boundary fences have been provided in accordance with approved plans.

Reason; In the interests of the amenities of the area and to comply with Policies H9 and H10 of the Torbay Local Plan 1995-2011.