Public Document Pack
PLANNING AND DEVELOPMENT COMMITTEE AGENDA
Wednesday, 4 October 2017 at 6.00 pm in the Bridges Room - Civic Centre
From the Chief Executive, Sheena Ramsey Item Business
1 Apologies for Absence
2 Minutes
The Committee is asked to approve as a correct record the minutes of the meeting held 13 September 2017 (copy previously circulated).
3 Declarations of Interest
Members to declare interests in any agenda items
4 Planning Applications (Pages 3 - 10)
4i No. 1 - Shibdon House, Shibdon Road, Blaydon on Tyne NE21 5AE (Pages 11 - 26)
4ii No. 2 - Bensham and Saltwell Phase 2, Bensham (Pages 27 - 42)
4iii No. 3 - 764 Durham Road, Gateshead NE9 7TA (Pages 43 - 52)
4iv No. 4 - Karting North East Indoor Ltd, Forge Road, Dunston, Gateshead NE8 2RB (Pages 53 - 66)
4v No. 5 - 26 Hollinhill, Lockhaugh, Rowlands Gill NE39 1AZ (Pages 67 - 80)
4vi No. 6 - 2 Church Rise, Whickham, Newcastle upon Tyne NE16 4BU (Pages 81 - 86)
5 Delegated Decisions (Pages 87 - 102)
6 Enforcement Action (Pages 103 - 114)
Report of the Strategic Director, Communities and Environment
7 Planning Appeals (Pages 115 - 118)
Report of the Strategic Director, Communities and Environment
8 Planning Obligations (Pages 119 - 120)
Report of the Strategic Director, Communities and Environment
Contact: Helen Conway - Email: [email protected], Tel: 0191 433 3993, Date: Tuesday, 26 September 2017
Agenda Item 4
PLANNING AND DEVELOPMENT COMMITTEE 4 October 2017
TITLE OF REPORT: Planning applications for consideration
REPORT OF: Paul Dowling, Strategic Director Communities and Environment
Purpose of the Report
1. The Committee is requested to consider the attached schedule of miscellaneous planning applications, which are presented as follows:-
PART ONE:
Planning Applications Applications for Express Consent under the Advertisement Regulations Proposals for the Council’s own development Proposals for the development of land vested in the Council Proposals upon which the Council’s observations are sought Any other items of planning control
PART TWO: FOR INFORMATION ONLY
Applications determined in accordance with the powers delegated under Part 3, Schedule 2 (delegations to managers), of the Council Constitution.
Recommendations
2. Recommendations are specified in the schedule.
The Human Rights Implications of the recommendations have been considered. Unless specified there are no implications that outweigh the material planning considerations.
Page 3 Contents
Application Number Site Location Ward
1. DC/16/01346/FUL Shibdon House Shibdon Road Blaydon
2. DC/17/00172/REM Bensham And Saltwell Phase 2 Bensham Saltwell
3. DC/17/00465/FUL 764 Durham Road Gateshead Chowdene
4. DC/17/00574/COU Karting North East Indoor Ltd Forge Dunston And Road Teams
5. DC/17/00610/HHA 26 Hollinhill Lockhaugh Winlaton And High Spen
6. DC/17/00847/HHA 2 Church Rise Whickham Dunston Hill And Whickham East
Page 4 DEVELOPMENT PLAN Section 38(6) of the Planning & Compulsory Purchase Act 2004 specifies that: ‘If regard is to be had to the Development Plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the Plan unless material considerations indicate otherwise.’ In the case of Gateshead the development plan is currently the Core Strategy and Urban Core Plan 2010 – 2030 and the saved policies of the Unitary Development Plan for Gateshead (2007), where they are in conformity with the National Planning Policy Framework.
NATIONAL PLANNING POLICY FRAMEWORK (NPPF) The NPPF was published on 27 March 2012 by Communities and Local Government (CLG). The National Planning Policy Framework is a material planning consideration, the previous Planning Policy Statements (PPS’s), Guidance notes (PPG’s) and some Circulars are revoked. Some of the guidance notes that supported the PPS’s and PPG’s are still extant.
REGIONAL SPATIAL STRATEGY (RSS) The RSS was revoked on 15th April 2013 and is no longer part of the development plan.
LOCAL PLAN (Formerly known as Local Development Framework) The Council has adopted the Planning for the Future Core Strategy and Urban Core Plan for Gateshead and Newcastle Upon Tyne 2010-2030 (CSUCP) jointly with Newcastle City Council. This sets all the Strategic Planning Policies for Gateshead and Newcastle and more detailed policies for the urban core of Gateshead and Newcastle.
In accordance with Planning and Compulsory Purchase Act 2004 (as amended) the CSUCP now forms part of the statutory development plan for Gateshead. The CSUCP also supersedes and deletes some of the saved policies in the Unitary Development Plan (UDP). These are set out in Appendix 1 of the CSUCP.
The Unitary Development Plan for Gateshead was adopted on 17th July 2007 and the remaining saved policies together with the CSUCP represent a current up to date development plan. In the report for each application, specific reference will be made to those policies and proposals which are particularly relevant to the application site and proposed development. Where the saved UDP policies are in general conformity with the NPPF due weight should be given to them. The closer the consistency with the NPPF the greater the weight can be given.
The Gateshead Place Making Supplementary Planning Document and the Householder Alterations and Extensions Supplementary Planning Document, are now adopted and have weight in decision making, supplementing and providing detail to the development plan policies.
The Council is currently working on new draft detailed policies and land allocations for the new Local Plan. The Development Plan Document will be called Making Spaces for Growing Places (MSGP).
UPDATES The agenda is formed and printed approximately a week prior to the Planning and Development Committee meeting. Information, correspondence and representations can sometimes be received in the intervening period. In such cases a written update report will be circulated to Members at the beginning of the meeting and on occasion there may be further verbal updates to Members from officers, so that Members are aware of all material planning considerations when making their decision on applications.
SPEAKING AT COMMITTEE Gateshead Council seeks to be inclusive in its decision making process and therefore allows applicants, agents and interested parties to make verbal representation to Members at Committee in accordance with the Council’s agreed speaking rights protocol where persons have indicated their intention to speak in writing, in advance of the meeting, and subsequently confirmed their intention to speak to the Development Information Officer.
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For further details of speaking rights at committee contact the Development Information Officer on (0191) 4333150 or please view the leaflet ‘Having Your Say’ available from the second floor reception at the Civic Centre. You can also view this information on the Planning pages of the Council website under ‘Having your Say’
SITE PLANS The site plans included in each report are for illustrative purposes only. Scale plans are available to view from the file. Key plans and photographs of the site and surroundings are also displayed at committee for information purposes as are other images where necessary including consultation response plans.
PUBLICITY/CONSULTATIONS The reports identify the responses to site notices, press notices, consultations and/or neighbour notifications which have been undertaken. The reports include a précis of the comments received, full copies of letters are available to view from the application file. In all cases the consultations and publicity have been carried out in accordance with the Town and Country Planning (Development Management Procedure) Order 2010.
SITE VISITS On occasion the Committee will defer making a decision until they have viewed the application site themselves as a group. Normally these visits take place on the Thursday morning prior to the following Wednesday committee meeting. The visits are fact finding visits only and no debate or decision making will take place on the visit and no representations will be heard at these visits and therefore the Local Planning Authority no longer invite applicants or third parties to attend unless for the sole purpose of arranging access to land and or/ buildings.
LOCAL GOVERNMENT ACT 1972 – ACCESS TO INFORMATION (AS AMENDED) The background papers material to the reports included on this agenda are: The application and supporting reports and information; Responses from consultees; Representations received; Correspondence between the applicant and/or their agent and the Local Planning Authority; Correspondence between objectors and the Local Planning Authority; Minutes of relevant meetings between interested parties and the Local Planning Authority; Reports and advice by specialist consultants employed by the Local Planning Authority; Other relevant reports. Please note that not all of the reports will include background papers in every category and that the background papers will exclude any documents containing exempt or confidential information as defined by the Act. These papers are held on the relevant application file and are available for inspection during normal office hours at the Communities and Environment reception, Civic Centre, Regent Street, Gateshead NE8 1HH.
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Page 9 This page is intentionally left blank Agenda Item 4i
REPORT NO 1
Committee Report Application No: DC/16/01346/FUL Case Officer Joanne Munton Date Application Valid 17 May 2017 Applicant Mr Tim Shearing Site: Shibdon House Shibdon Road Blaydon On Tyne NE21 5AE
Ward: Blaydon Proposal: Change of use from office (use class B1) to ten flats (use class C3) including demolition of existing porch and creation of lightwell, Erection of four storey rear extension and provision of roof lights, replacement windows, bin store, smoking shelter, cycle store and associated parking (amended 10/07/17). Recommendation: GRANT Application Type Full Application
1.0 The Application:
1.1 This application was deferred at the meeting of the Planning and Development Committee on 13 September 2017 to allow the Committee to visit the site. Members visited the site on 28 September 2017.
1.2 DESCRIPTION OF THE SITE The application property comprises of a three storey semi-detached building of Georgian proportions, being brick built with stone window heads and cills, and feature bay windows. It is set back (to the north east) from Shibdon Road, and lies adjacent (to the east of), St Cuthbert's Church (which is Grade II Listed) and its Rectory. The Rectory, which is of a modern design, is accessed through the car park which forms part of the application site.
1.3 The land slopes down from Shibdon Road to the north, and further north of the site lies the Blaydon Precinct at a much lower level than the application site.
1.4 The adjoining property to the east is a mix commercial uses, with beauty salon uses, retail units including hairdressers and barbers, and a vets. The site faces St Joseph's Church, Presbytery (both Grade II listed) and church hall on the opposite side of Shibdon Road, and next to this, a residential apartment block (Shibdon Court).
1.5 The site is within the Blaydon Bank Conservation Area and within the District Retail Centre.
Page 11 1.6 Permission DC/15/00998/COU (detailed below) for the change of use from office to 6 flats and associated external works appears to have been commenced.
1.7 DESCRIPTION OF THE APPLICATION The application proposes the change of use from Office (B1) to residential (C3) and the formation of 10 flats (6 with two bedrooms and 4 flats with 1 bedroom each). The following works are also proposed to accommodate this change of use:
- demolition of the existing porch; - formation of a lightwell on the south west elevation; - erection of a four storey rear extension on the south east elevation; - provision of roof lights; - replacement windows; - formation of associated parking; - formation of bin store, smoking shelter and cycle store.
1.8 RELEVANT PLANNING HISTORY
44/91 - Change of use from dwellinghouse (use class C3) (St Cuthbert's Rectory) to offices (use class B1) - Granted 05.03.1991
DC/12/00726/FUL - Change of use from Use Class B1 (Business) to C3 (Dwellinghouses) involving conversion of office to three no. flats with associated parking and bin storage (amended 24.09.12) - Granted 01.10.2012
DC/15/00998/COU - Proposed conversion from office space (Use Class B1) use to six flats (Use Class C3) including demolition of existing porch, erection of first floor extension, alteration to fenestration detailing, associated parking and bin storage. (Amended plan recd 6.1.16) - Granted 26.01.2016
2.0 Consultation Responses:
Northumbria Water No comments
Coal Authority Conditions recommended
3.0 Representations:
3.1 Neighbour notifications were carried out in accordance with formal procedures introduced in the Town and Country Planning (Development Management Procedure) Order 2015.
3.2 No representations were received.
4.0 Policies:
NPPG National Planning Practice Guidance
Page 12 NPPF National Planning Policy Framework
H4 Windfall and Small Housing Sites
H5 Housing Choice
RCL5 District and Local Centres
ENV3 The Built Environment - Character/Design
ENV7 Development within Conservation Areas
DC1D Protected Species
DC1P Contamination, derelict land, stability
DC2 Residential Amenity
ENV21 Sites of Archaeological Imp - Known
ENV22 Sites of Archaeological Imp - Potential
ENV46 The Durham Biodiversity Action Plan
ENV47 Wildlife Habitats
ENV54 Dev on Land Affected by Contamination
CFR20 Local Open Space
CFR28 Toddlers' Play Areas
CFR29 Juniors' Play Areas
CFR30 Teenagers' Recreation Areas
CS7 Retail and Centres
CS10 Delivering New Homes
CS11 Providing a range and choice of housing
CS13 Transport
CS14 Wellbeing and Health
CS15 Place Making
CS17 Flood Risk and Waste Management
Page 13 CS18 Green Infrastructure/Natural Environment
5.0 Assessment of the Proposal:
5.1 The key considerations to be taken into account when assessing this planning application are the principle of the proposal, visual amenity and the impact on the heritage assets, residential amenity, highway safety and parking, ground conditions, archaeology, ecology, flood risk and open space/play.
5.2 PRINCIPLE
5.3 Retail Policy The proposal site is located within Blaydon District Retail Centre, as defined by saved policy RCL5 of the UDP and policy CS7 of the CSUCP. However, the property is on the periphery of the centre and not within the Precinct area. It is considered that given this location, a change of use to residential would not impact on the vitality and viability of the retail centre and would not conflict with the aims and requirements set out in the above policies.
5.4 Housing Policy Paragraph 14 of the NPPF states that:
'At the heart of the NPPF is a presumption in favour of sustainable development. For decision making this means: -approving development proposals that accord with the development plan without delay, and -where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: -any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or -specific policies in this Framework indicate development should be restricted.'
5.5 Policy CS10 of the CSUCP states that 11,000 new homes (excluding purpose built student accommodation) will be built in Gateshead over the period April 2010 to March 2030.
5.6 The site would be considered as a housing windfall site under policy H4 of the UDP. Given the choice of nearby local amenities and that the site is not in an isolated location, it is considered that the location of the proposal is sustainable.
5.7 Saved policy H5 of the UDP requires a range of housing choice and policy CS11(1) of the CSUCP requires that 60% of new private housing across the plan area being suitable for and attractive to families, with a minimum target of 16,000 new homes to have three or more bedrooms.
5.8 The scheme proposes 6 flats with 2 bedrooms and 4 flats with 1 bedroom each. The proposal is therefore not in accordance with the aims of CSUCP policy CS11(1) and saved UDP policy H5.
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5.9 Given that this proposal is for the conversion of an existing building it is understood that the building does not lend itself to the sub-division of mainly 3 bed apartments. Whilst Council officers accept that the proposal would not contribute to the policy requirement for the totality of development across Gateshead to provide 60% family housing (i.e. homes with three or more bedrooms), it does however contribute to the provision of housing in the Borough on a smaller site (a site less than 1 hectare in size).
5.10 Weight is also given to the previous permissions DC/12/00726/FUL (which found 3 flats with 2 bedrooms each acceptable at this location) and DC/15/00998/COU (which found 6 flats with 2 bedrooms each acceptable at this location).
5.11 Policy CS11(4) of the CSUCP requires that new residential development provides "adequate space inside and outside of the home to meet the needs of residents." With regard to this requirement, specific policy regarding this issue is expected to be contained within the emerging 'Making Spaces for Growing Places' document. However, notwithstanding this policy position, it is considered that the proposal provides appropriate space internally and externally.
5.12 Therefore, it is considered that the principle of the development is acceptable and the proposal does not conflict with saved policies H4 and H5 of the UDP, policy CS10 of the CSUCP and the NPPF. Although policy CS11 is not fully satisfied, it is considered that the building does not lend itself to the sub-division of mainly 3 bed apartments and the proposal would contribute to the provision of housing in the Borough on a smaller site (a site less than 1 hectare in size).
5.13 Therefore, it is considered that the proposal is acceptable in principle.
5.14 HERTIAGE ASSETS/DESIGN The proposal site is within the Blaydon Bank Conservation Area and within the setting of both Grade II listed St Cuthbert’s Church (to the north west) and Grade II listed St Joseph’s Church and Presbytery (to the south west). NPPF paragraph 131 states:
‘In determining planning applications, local planning authorities should take account of:
- the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; - the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and - the desirability of new development making a positive contribution to local character and distinctiveness.’
5.15 Paragraph 132 of the NPPF continues:
Page 15 ‘When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.’
5.16 Saved policies ENV7 and ENV9 of the UDP require that the development preserves or enhances the area's special architectural or historic character and protects or enhances the setting of a Conservation Area.
5.17 Policy CS15 of the CSUCP states that officers should take a proactive approach to sustaining the historic environment in a manner appropriate to the significance of the relevant heritage asset and requiring development to support and safeguard the historic environment.
5.18 IPA17 sets out the Character Statement for Blaydon Conservation Area, which has a fairly long and thin boundary and is primarily located on the steep hill rising south from Blaydon centre. Shibdon House is located on the north eastern periphery of the Conservation Area and IPA17 states that the central area of terraced housing to the south of the proposal site is the Conservation Area's dominant feature. The Statement goes on to note the segregation of the northern part, where the host property is located:
"With the exception of some of the buildings at the north end of the Conservation Area the area displays an outstanding coherence of form and feel."
5.19 It is considered that Shibdon House makes less of a contribution to the significance of the Conservation Area than the central, uniform terraces to the south.
5.20 Paragraph 134 of the NPPF states:
‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’
5.21 The proposal would not cause harm to the significance of the heritage assets.
5.22 The materials are proposed to match those existing, which is considered to be acceptable and Condition 3 is recommended to ensure this. This condition is also recommended to ensure that the proposed rooflights are flush fitting conservation style.
5.23 Further, it is considered that the proposed extension to the rear, demolition of the porch, fenestration alterations and the creation of a lightwell would be appropriate provided that materials used match those existing. Additionally, the
Page 16 change of use itself would not impact on the heritage assets, given the primarily residential uses within the Conservation Area boundary.
5.24 Therefore, the proposal would preserve the special character of the Conservation Area and does not conflict with the aims and requirements of saved policies ENV7 and ENV9 of the UDP, policy CS15 of the CSUCP or the NPPF.
5.25 RESIDENTIAL AMENITY The property faces north west onto the associated car park, with St Cuthbert's Church and the Rectory beyond. Attached neighbours to the south east at 20 Shibdon Road do not appear to be in residential use.
5.26 With Blaydon Shopping Centre to the north and St Joseph's RC Church to the south west, the nearest residential properties are the Rectory to the north west and accommodation at Shibdon Court to the south, across Shibdon Road. These are 27m and 20m away from the host property, respectively. It is considered that the proposal would not result in an unacceptable loss of outlook, loss of privacy, loss of light or overshadowing at these properties.
5.27 In terms of future occupiers of the proposed flats, it is considered that the proposal would generally provide an appropriate living environment. Although the popularity of Blaydon Shopping Centre to the north and Shibdon Road to the south/south west may result in noise generation, the applicant has stated that windows will be retained where possible. The retention of these windows in the Conservation Area is considered to outweigh the alleviation of potential noise, which could result in the replacement of all windows.
5.28 Additionally, should future residents wish to install new windows to reduce noise, provided they do not materially affect the external appearance of the building, this would not require planning permission. Therefore, it is considered that a condition requiring noise mitigation measures would be neither reasonable nor necessary in this instance.
5.29 The proposal would meet the aims and requirements set out in policy DC2 of the UDP and policy CS14 of the CSUCP and the NPPF.
5.30 HIGHWAY SAFETY AND PARKING The site is within a highly sustainable location, with Blaydon Shopping Centre (including a supermarket) and the bus station both within 160m.
5.31 The scheme proposes one additional car parking space, resulting in 8 spaces serving 10 flats. It is considered that sufficient cark parking is proposed and that the residential use would not result in a significant change in the impact on parking demand or on the adopted highway than the office use.
5.32 Additionally, there whilst an area for cycle parking is shown on the layout plan, Conditions 5 and 6 are recommended to be imposed requiring final details of secure and weatherproof cycle parking to be submitted for LPA consideration and the implementation of the approved details.
Page 17 5.33 Finally, it is considered that there is ample storage space for wheeled bins and there would not be an issue wheeling them out for collection. Condition 7 is recommended requiring the gates to the bin store to open inwardly to avoid potential obstruction to vehicular movements on site.
5.34 Therefore it is considered that the proposal would comply with the aims and requirements of policy CS13 of the CSUCP.
5.35 GROUND CONDITIONS The site is within the Coal Authority defined Development High Risk Area. The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment Report, and it is recommended that Conditions 8, 9 and 12 be imposed requiring site investigation and remediation where required.
5.36 Whilst the applicant has not submitted a recognised Phase 1 Contaminated Land Assessment, it is considered that the risk of contamination impacting on end users is very low. It is recommended that conditions 10, 11 and 12 be imposed requiring remediation where necessary.
5.37 Therefore, it is considered that the proposal would comply with the aims and requirements of saved policies DC1(p) and ENV54 of the UDP.
5.38 ARCHAEOLOGY The host property sits within the Blaydon Conservation Area within the post-medieval village of Blaydon, and Shibdon House is a non-designated heritage asset. In terms of below ground archaeology, it is considered that it would not be necessary to require any information to be submitted. However, it is recommended that Condition 13 is imposed requiring the submission of a report of building recording to the LPA for consideration.
5.39 The proposal would comply with the aims and requirements of saved policies ENV21 and ENV22 of the UDP and policy CS15 of the CSUCP.
5.40 ECOLOGY Bats and their roosts are protected under the Conservation of Habitats and Species Regulations 2010 and the Wildlife and Countryside Act 1981, (as amended).
5.41 As a result of the ongoing works to the roof of the host property (i.e. the removal and replacement of the roof tiles, ridge tiles, rainwater tables and lead flashing) it is considered likely that the building poses a negligible risk for roosting bats. It is recommended that an informative be attached to the permission providing advice on the protection of bats.
5.42 The proposal would comply with the aims and requirement of saved policies DC1(d), ENV46 and ENV47 of the UDP and policy CS18 of the CSUCP.
5.43 FLOOD RISK
Page 18 The site is within a critical drainage area and drainage detail would normally be required to be submitted given the application proposes the creation of 10 dwellings. No drainage assessment has been submitted with the application.
5.44 The change of use is likely to increase water usage/demand on drainage. New planting is proposed at the south eastern part of the site and it is considered that this could be used as rainwater gardens.
5.45 It is recommended that Conditions 14-17 are imposed requiring the submission of a drainage assessment exploring the potential for sustainable drainage components, particularly rainwater gardens, on site and a maintenance plan to the LPA for consideration and the implementation of the approved details.
5.46 Additionally, it is recommended that Conditions 19 and 20 are imposed requiring the submission of details for the disposal of foul and surface water to the LPA for consideration and implementation of the approved details.
5.47 The proposal would comply with the aims and requirements of policy CS17 of the CSUCP.
5.48 OPEN SPACE/PLAY The NPPG (Paragraph: 031 Reference ID: 23b-031-20160519) is clear that tariff style contributions should not be sought from developments of 10-units or less, and which have a maximum combined gross floorspace of no more than 1000sqm.
5.49 While it cannot be concluded that the proposed development would comply with saved Policies CFR20, CFR28, CFR29 and CFR30 of the UDP it is considered that it is not possible to require any contribution for either play or open space provision in this case, based on the above assessment.
5.50 COMMUNITY INFRASTRUCTURE LEVY On 1st January 2017 Gateshead Council became a Community Infrastructure Levy (CIL) Charging Authority. This application has been assessed against the Council's CIL charging schedule and the development is CIL chargeable development as it is for qualifying housing related development. The site is within residential zone C, which has a charge of £0 per sqm. As such no CIL charge is liable.
6.0 CONCLUSION
6.1 Taking all the relevant issues into account, it is considered that the proposed development is acceptable in principle, visual amenity and the impact on the heritage assets, residential amenity, highway safety and parking, ground conditions, archaeology, ecology, flood risk and open space/play, and would comply with the aims and objectives of the NPPF, and the relevant policies of the UDP and the CSUCP.
6.2 Therefore, it is recommended that planning permission be granted, subject to the conditions.
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7.0 Recommendation: That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
1 Unless otherwise required by condition, the development shall be carried out in complete accordance with the approved plan(s) as detailed below -
Location Plan 16042-S100 1642-S101 16042-P101 rev A 16042-S102 R4182-P102 rev B
Any material change to the approved plans will require a formal planning application to vary this condition and any non-material change to the plans will require the submission of details and the agreement in writing by the Local Planning Authority prior to any non-material change being made.
Reason In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.
2 The development to which this permission relates must be commenced not later than 3 years from the date of this permission.
Reason To comply with section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
3 The development hereby permitted shall be constructed entirely of the materials detailed in the application form received 22.12.2016.
For the avoidance of doubt rooflights shall be flush fitting conservation style.
Reason To ensure that the external appearance of the development is of an appropriate design and quality in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
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4 The development hereby approved shall not commence until the Local Planning Authority has been notified by the applicant of the date of commencement, which shall be two weeks prior to the commencement of the development.
Reason To clarify the commencement of the development approved under this permission.
5 The dwellings hereby approved shall not be occupied until final details of secure and weatherproof cycle storage within the site have been submitted for written approval of the Local Planning Authority.
Reason In order to ensure adequate provision for cyclists and in accordance with policy CS13 of the Core Strategy and Urban Core Plan.
6 The details approved under Condition 5 shall be implemented in full accordance with the approved details before the dwellings hereby approved are occupied and retained as such for the lifetime of the development.
Reason In order to ensure adequate provision for cyclists and in accordance with policy CS13 of the Core Strategy and Urban Core Plan.
7 Notwithstanding the approved plans, the gates to the bin store shall not open out into the car parking area.
Reason To avoid potential obstruction to vehicular movements on site in accordance with policy CS13 of the Core Strategy and Urban Core Plan.
8 The development hereby approved shall not commence until a report of intrusive site investigations in relation to coal mining legacy including the results of any gas monitoring and where required, measures and timescales for remediation, monitoring, and verification reports has been submitted to and approved in writing by the Local Planning Authority.
Reason To ensure there is adequate land stability in accordance with saved policies DC1 and ENV54 of the Unitary Development Plan, policy CS14 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
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9 The remediation and monitoring measures approved under condition 8 shall be implemented in full accordance with the approved timescales and the approved details.
Reason To ensure there is adequate land stability in accordance with saved policies DC1 and ENV54 of the Unitary Development Plan, policy CS14 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
10 Any undesirable material observed during excavation of the existing ground shall be screened and removed. If any areas of odorous, abnormally coloured or suspected contaminated ground are encountered during development works, then operations shall cease and the exposed material shall be chemically tested.
The works shall not continue until an amended Risk Assessment and, if required, amended remediation and monitoring measures have been and submitted to and approved in writing by the Local Planning Authority.
Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with saved policies DC1 and ENV54 of the Unitary Development Plan, policy CS14 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
11 The remediation and monitoring measures approved under condition 10 shall be implemented in accordance with the approved details prior to any further works (other than those required for remediation) and maintained for the life of the development.
The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with saved policies DC1 and ENV54 of the Unitary Development Plan, policy
Page 22 CS14 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
12 Where remediation is required (under conditions 8-11), following completion of the approved remediation and monitoring measures, the development hereby approved shall not be occupied until a verification report that demonstrates the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority.
Reason To ensure adequate land stability and that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with saved policies DC1 and ENV54 of the Unitary Development Plan, policy CS14 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
13 No development/alterations hereby approved shall take place until a report of the results of a programme of archaeological building recording has been submitted to and approved in writing by the Local Planning Authority.
Reason To provide an archive record of the historic building or structure and to accord with paragraph 141 of the NPPF and saved Unitary Development Plan Policy ENV23
14 The development hereby approved shall not commence until a drainage assessment, exploring the potential for sustainable drainage components and with particular reference to the potential for rainwater gardens within the new planted areas on site, has been submitted to and approved in writing by the Local Planning Authority.
Reason To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
15 The details approved under Condition 14 shall be implemented in accordance with the approved details before the new dwellings are occupied and retained as such for the lifetime of the development.
Reason
Page 23 To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
16 Where sustainable drainage components are installed, the dwellings hereby approved shall not be occupied until a management plan (including measures for maintenance and timescales) has been submitted to and approved in writing by the Local Planning Authority.
Reason To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
17 Where required, the details approved under Condition 16 shall be implemented in accordance with the approved details and timescales, and retained as such for the lifetime of the development.
Reason To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
18 The development hereby approved shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority.
Reason To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
19 The details approved under Condition 18 shall be implemented in accordance with the approved details before the new dwellings are occupied and retained as such for the lifetime of the development.
Reason To manage flood risk in accordance with policy CS17 of the Core Strategy and Urban Core Plan and the National Planning Policy Framework.
20 Unless otherwise approved in writing by the Local Planning Authority, all external works and ancillary operations in connection with the
Page 24 construction of the development, including deliveries to the site, shall be carried out only between 0800 hours and 1700 hours on Mondays to Saturdays and at no time on Sundays, Bank Holidays or Public Holidays.
Reason To safeguard the amenities of nearby residents and in accordance with the NPPF, saved Policies DC1, DC2 and ENV61 of the Unitary Development Plan and Policy CS14 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
Page 25 This page is intentionally left blank Agenda Item 4ii
REPORT NO 2
Committee Report Application No: DC/17/00172/REM Case Officer Graham Stephenson Date Application Valid 17 February 2017 Applicant Mr John Collins Site: Bensham And Saltwell Phase 2 Bensham Gateshead Ward: Saltwell Proposal: Approval of Reserved Matters (Access, Appearance, Landscaping, Layout and Scale) pursuant to permission ref: DC/14/00906/FUL for Trilogy Phase 2 (Kelvin Grove - land bounded by Westminster St, Kelvin Grove, rear of 167-201 (inc Rawling Road, rear of Stirling House PH and rear of 170 - 194, Church of Christ, Rawling Road and to the side of 68-70 Dunsmuir Grove) (Amended 29.08.2017, includes amendments to the service parking area for the substation) Recommendation: GRANT Application Type Approval of Reserved Matters
1.0 The Application:
1.1 DESCRIPTION OF THE APPLICATION SITE The application relates to Phase 2 of approved application DC/14/00906/FUL. Saltwell Road West (Phase 1) was approved in full with Kelvin Grove (Phase 2) and Hyde Park (Phase 3) approved at outline.
1.2 The Kelvin Grove site (Phase 2) is to the east of Saltwell Road, situated behind nos 169-199 Saltwell Road (and to the rear of the Stirling House public house). It was previously occupied by four rows of terraced properties which have since been demolished with the area grass seeded. The site is bounded to the north by Westminster St, to the east by Rawling Road, to the south by Kelvin Grove and to the west by Saltwell Road. The site is bisected by Dunsmuir Grove which runs through the centre of the site parallel to Westminster Street and Kelvin Grove, all of which contribute to the grid layout of the site. The grade II* listed St Chad's Church sits to the east of Rawling Road. Corpus Christi RC Primary School, Corpus Christi Church and Kelvin Grove Community Primary School are also in close proximity to, but outside of the Kelvin Grove site.
1.3 As with Saltwell Road West there is a slope downwards from east to west, but the level changes more significantly, with the eastern end of Westminster Street approximately 13m higher than the western end.
1.4 Planning permission has also been granted on the site for a sub-station DC/17/00074/FUL but this has not yet been fully implemented.
Page 27 1.5 DESCRIPTION OF THE APPLICATION The application seeks the approval of reserved matters for the construction of 52 dwellings following the approval of outline consent in 2014 (DC/14/00906/FUL). This includes access, appearance, landscaping, layout and scale.
1.6 The proposed dwellings are primarily a mix of two-storey, detached and semi-detached properties with one, three property terrace proposed on Westminster Street. The remaining properties fronting onto Westminster Street and Kevin Grove as well as Rawling Road, are mainly semi-detached, with the odd detached property sporadically positioned. Of the 28 properties that front onto Westminster Street, Kelvin Grove and Rawling Road, 18 are proposed to have private driveways, with the rest of the parking accommodated on street.
1.7 Within the site the majority of the properties are proposed to be detached, with only 4 semi-detached. These properties have been designed so they are served by courtyard car parking, with each property allocated a space. 6 unallocated bays are proposed within the site which could provide visitor parking. Visitor parking is also available on street.
1.8 A pedestrian and cycle route is proposed through the middle of the site, along what was Dunsmuir Grove and this area is to remain as adopted highway. Shared surfaces are proposed for the areas which are to remain as adopted highway.
1.9 Each property is proposed to have a private garden and bin storage. Areas of landscaping are also proposed within the site, mainly on the verges either side of the access roads and the pedestrian route.
1.10 The design and scale of the proposed development is in line with Phase 1 of the development and would utilise similar materials.
1.11 Six affordable properties are proposed as part of this phase.
1.12 The design also encompasses the sub-station in the south east corner which has got planning permission (DC/17/00074/FUL) but the access and service parking arrangements needed to be finalised and have submitted as part of this application.
1.13 Amendments to the service parking for the sub-station and parking to the front of plots 7 and 8 have been submitted (29.08.2017).
1.14 As this is an application for subsequent consent to application DC/14/00906/FUL, which granted outline consent for Phase 2 and was considered to be a development which required an Environmental Statement, this application, in accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017; has been submitted with an addendum to the Environmental Statement (ES). The original ES’s key chapters covered:
Page 28 Air Quality and Dust Noise and Vibration Townscape, Visual Amenity and Cultural Heritage and Socio-Economics
1.15 Along with the addendum to the ES, the following supporting documents have been submitted with the application:
Ground Investigations Ecology Assessment Flood Risk Assessment Travel Plan and Transport Assessment Noise Impact Assessment
1.16 PLANNING HISTORY DC/13/00424/OUT Retrospective demolition of 115 dwellings, 3 retails units, and 14 garages with temporary site restoration in Phase 1 (known as Saltwell Road West) and proposed phase demolition of a further 291 dwellings and 4 commercial premises with temporary site restoration across Phases 2 (known as Kelvin Grove) and 3 (known as Hyde Park); with a hybrid application for redevelopment of all three phases of housing, with associated car parking and landscaping, consisting of 103 dwelling houses in phase 1 (Saltwell Road West) and outline consent (with all matters reserved) for residential development across Phases 2 (Kelvin Grove) and 3 (Hyde Park). Planning Permission Granted on 24th September 2013.
DC/14/00906/FUL Hybrid application for redevelopment of three phases for housing, with associated car parking and landscaping, consisting of detailed consent for 99 dwellinghouses, site compound and temporary sales cabin in Phase 1 (Saltwell Road West - land bounded by Trevethick St, Macadam St, East Coast Rail Line, Saltwell Rd and rear of nos 162-220 (inc) Saltwell Rd) and outline consent (with all matters reserved) for residential development across Phase 2 (Kelvin Grove - land bounded by Westminster St, Kelvin Gr, rear of 167-201 (inc) Rawling Rd, rear of Stirling House PH and rear of 170-194, Church of Christ Rawling Rd and to the side 68-70 Dunsmuir Grove) and Phase 3 (Hyde Park - land bounded by Hyde Park Street, Rectory Rd, rear of nos 128-150 Dunsmuir Gr, rear of sub-station and Brighton Road) (additional info received 13/10/14, 29/10/14, 31/10/14, 03/11/14 and 06/11/14 and amended 29/10/14, 03/11/14, 04/11/14 and 17/11/14). Granted 24th November 2014
DC/15/00732/NMA Proposed non-material amendment of application DC/14/00906/FUL to allow relocation of Block 1 by 450mm to the south, replacement of perforated brickwork to house types T02 and T02A with contrast brick headers, updating of site roof layout to a modify location and number of bird boxes and addition of bat boxes and adjustment to roof form. Withdrawn 17.08.2015
DC/15/01082/NMA NON MATERIAL AMENDMENT: of Condition 1 (approved plans) of application DC/14/00906/FUL to allow relocation of Block 1 by 450mm to the south, replacement of perforated brickwork to house types T02 and T02A
Page 29 with contrasting brick headers, updating of site roof layout to a modify location and number of bird boxes and addition of bat boxes and adjustment to roof form (amended 17/03/16 and 22/03/16), and to amend condition 7 ( verification report), condition 14 (offsite highway works) and condition 17 (sample panels of materials prior to construction above damp proof course). GRANT 31.03.2016
DC/16/00214/FUL Erection of electric substation and fenced enclosure. Withdrawn 05.05.2016
DC/16/01032/FUL - Erection of electricity substation. Refused 22.11.2016
DC/17/00074/FUL - Erection of electricity substation and associated parking (revised application) (amended and additional information received 14/03/17). Granted 30.03.2017
2.0 Consultation Responses:
Historic England No Objections
Coal Authority No Objections
North Of England Civic No Comments Trust
Northumbria Police No Objections
Tyne And Wear There are no archaeological comments regarding Archaeology Officer this application.
Arriva Plc No Comments Received.
Northern Electric No Comments Received Distribution Ltd
Nexus No Comments Received
3.0 Representations:
3.1 Neighbour notifications were carried out in accordance with formal procedures introduced in the Town and Country Planning (Development Management Procedure) (England) Order 2015. 2 letters of objection have been received and 1 letter of support. The issues raised have been summarised below:
The use of traffic calming measures will mean vehicles use the back lanes to avoid them causing safety concerns. Actual and continued risk of risk of flooding to property (167/169 Saltwell Road). Concerns about ongoing maintenance and management of previously installed flood prevention measures.
Page 30 Impact of additional strain on the sewer and drainage network, especially along Westminster Street. What sort of landscaping features are going to be installed to limit surface water run off? Issues with parking, both during the works and once the houses are built.
3.2 Neighbouring residents were also notified of the amendments to the substation service parking but no new representations have been made.
4.0 Policies:
NPPG National Planning Practice Guidance
NPPF National Planning Policy Framework
GPGSPD Gateshead Placemaking Guide SPG
CS10 Delivering New Homes
CS11 Providing a range and choice of housing
CS13 Transport
CS14 Wellbeing and Health
CS15 Place Making
CS16 Climate Change
CS17 Flood Risk and Waste Management
CS18 Green Infrastructure/Natural Environment
CS21 Waste
H5 Housing Choice
H9 Lifetime Homes
H10 Wheelchair Housing
H12 Housing Density
H13 Local Open Space in Housing Developments
H15 Play Areas in Housing Developments
CFR20 Local Open Space
Page 31 CFR28 Toddlers' Play Areas
CFR29 Juniors' Play Areas
CFR30 Teenagers' Recreation Areas
MWR26 Recycling
MWR28 Prov of Facilities in new Developments
MWR35 Micro-Renewables, Energy Efficiency
DC1C Landform, landscape and after-use
DC1E Planting and Screening
DC1J Substrata Drainage-Water Quality
DC2 Residential Amenity
ENV3 The Built Environment - Character/Design
ENV11 Listed Buildings
ENV54 Dev on Land Affected by Contamination
ENV61 New Noise-Generating Developments
ENV52 Creation of New Wildlife Habitats
5.0 Assessment of the Proposal:
5.1 Outline permission has already been approved through application DC/14/00906/OUT, with all matters reserved and as such this proposal only relates to access, appearance, landscaping, layout and scale. Therefore the main planning considerations are the impact the proposal has on visual amenity, residential amenity and highway safety as well as any matters that were conditioned as part of the original application.
5.2 ENVIRONMENTAL IMPACT ASSESSMENT Regulation 9 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 applies where it appears to the relevant planning authority that an application which is before them for determination is a subsequent application in relation to Schedule 1 or Schedule 2 development. Where it appears to the relevant planning authority that the environmental information already before them is adequate to assess the significant effects of the development on the environment, they must take that information into consideration in their decision for subsequent consent.
Page 32 5.3 An addendum to the Environmental Statement has been submitted and the Local Planning Authority are satisfied that the environmental information already before them is adequate to assess the significant effects of the development on the environment.
5.4 VISUAL AMENITY The National Planning Policy Framework (NPPF) encourages design quality and sets the scene for building a strong and competitive economy. Good design is identified specifically as being important in establishing a strong sense of place. New development should optimise the potential of a site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport networks
5.5 Policy ENV3 of the Unitary Development Plan (UDP) as well as policy CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne (CSUCP) reflects the general aims of the NPPF encouraging economic growth and identifying the importance of quality of place. Policy CS15 refers specifically to Placemaking and the need for new development to demonstrate high and consistent design standards in line with the Council's design guidance contained in the Gateshead Placemaking Supplementary Planning Document (SPD).
5.6 The Gateshead Placemaking Supplementary Planning Document (SPD) amplifies Saved UDP Policy ENV3 and Core Strategy Policy CS15 by setting out a series of key design principles which can be used to assess development proposals.
5.7 In this case the design of the dwellings and the layout of the scheme has taken influence from the surrounding area but has incorporated detached and semi-detached properties, rather than runs of terraces. This has allowed for each dwelling to have ample private amenity space and some of the properties to have off street parking and garages. The proposed materials have also taken reference from surrounding residential streets whilst new features have been incorporated into the elevations, to give the development a sense of place and this is welcomed. A mix of red and buff brick was originally proposed but it is felt a more consistent palette of materials, utilising red brick and grey tiles would work better for this location and final details of materials can be conditioned (CONDITIONS 3 AND 4). The boundary treatments proposed, which includes a mix of railings, walls, hedges and fencing are consistent with the open feel of the development and would ensure the development is not dominated by 1.8 metre high closed boarded fencing. Where high fencing is required for privacy it is generally set back from the edge of the footway. The development shall be undertaken in accordance with the boundary details submitted and this can be conditioned (CONDITION 1).
5.8 Hedging is proposed to front of properties which would face onto Westminster Street, Kelvin Grove and Rawling Road and an abundance of landscaping is proposed within the site to both soften and define the vehicular, pedestrian and cycle routes. This is considered to deliver a proposal which achieves a good quality balance, between soft and hard landscaping and adds interest to what
Page 33 was previously a hard, uniformed, urban landscape. Block paving is proposed for the shared surfaces within the site.
5.9 However as large areas of the soft and hard landscaping will be within the adopted highway, final details of the materials and plant species to be used within the landscaped areas would be required (CONDITIONS 5 AND 6).
5.10 The addendum to the ES refers to the assessment of impact of the development in terms of Townscape, Visual Amenity and Cultural Heritage and Officers agree with its conclusion that the significant environmental impacts that were considered to be acceptable at outline application stage remain so, at reserved matters stage.
5.11 It is considered from a visual amenity perspective the appearance, scale, layout and landscaping proposed for the development would have a positive impact on the character and appearance of the area and satisfies the aims and objectives of the relevant paragraphs within the NPPF, policy CS15 of the CSUCP, policy ENV3 of the UDP and the Gateshead Placemaking SPD.
5.12 The scale and design of the proposed development is also considered to be sympathetic to the setting of the nearby Grade II* Listed St Chads Church. This ensures the development does not conflict with the relevant paragraphs in the NPPF, policy CS15 of the CSUCP and policy ENV11 of the UDP.
5.13 RESIDENTIAL AMENITY With regards to the amenity of existing and future residents, as already highlighted each property is proposed to benefit from private amenity space and would also have easy access to public amenity space, which for a development of predominantly family sized dwellings is a positive approach. The proposed development also allows for link through the site so that residents (and other users) can walk or cycle through the site to access nearby amenities.
5.14 When planning permission was granted at outline stage it was subject to a condition requiring a noise assessment to be submitted at the reserved matters stage. This was to ensure the amenity of future residents, as a result of the Public House to the west (Stirling House) was not compromised and the Public House itself was safeguarded. The noise assessment has been submitted and recommends that the property closest to the Stirling House pub should have an increased boundary treatment by way of acoustic fence to around 2.5m in height as well as improved glazing ventilation on account of noise from the pubs condenser. Final details of these measures can be conditioned (CONDITIONS 7 AND 8).
5.15 In terms of other issues which may impact on the amenity of future residents of the development, given that this is in an urban location with a tight urban grain the spacing distances between dwellings are not the same as could be achieved on a cleared suburban or rural site. In Gateshead there are no defined spacing standards, however as a general rule, a 21m separation
Page 34 distance between windows serving habitable rooms and 13m from habitable room windows to blank elevations, are sought.
5.16 There is however, an acknowledgement that a rigid adherence to spacing standards can stifle creativity in design and can be difficult to achieve on infill sites where new housing is to be built. The Gateshead Placemaking SPD encourages imaginative design solutions and in doing so accepts the need for a flexible approach to privacy distances between buildings within a development site and in relation to infill sites, when good design or unique particular circumstances exist. With this development, in some cases there are distances of 8 metres between habitable room windows and blank gables and there are also situations where two-storey properties extend beyond the rear elevation of neighbouring properties. In addition due to the levels on site there will be the requirement for retaining walls. However it is felt that the objectives that would be achieved by this development in terms of regeneration, and delivering higher quality homes justifies a lesser spacing standard than would normally be considered appropriate.
5.17 Equally, in the context of the character of the area it is considered adequate separation distances are proposed for this urban site between the development and neighbouring residential properties.
5.18 The ES included details relating to noise, vibration and air quality that were considered acceptable and/or conditioned as part of the original application (DC/14/00906/FUL).
5.19 The construction chapter in the original ES stated that a Construction Environmental Management Plan (CEMP) and Method Statement will be devised specifically for the site and will cover various issues including noise, vibration and dust. These were secured through conditions 30 and 31 of DC/14/00906/FUL so that schemes relevant to each phase (construction) are submitted for approval prior to those specific works taking place.
5.20 Chapter 7 relating to dust and air quality acknowledges the nature of the works, sensitivity of the area and the need for mitigation to be included in the respective CEMP.
5.21 Chapter 8 relates to Noise and Vibration and includes an assessment, compiled by WSP that uses previous data by QEM (Noise and Vibration assessment report GC/Ben/02/11) and additional monitoring by Apex Acoustics as noise baseline data for that chapter.
5.22 The section on Construction Noise advises that a Construction Method Statement (CMS) will be implemented covering the relevant noise issues. As with the CEMP, this has been secured by appropriate condition of DC/14/00906/FUL (Condition 31). There is a significant amount of prediction works in terms of likely noise levels and this should form consideration when the applicant/contractor develops the CMS. Construction hours of 0800 hours to 1700 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sundays, Bank Holidays or Public Holidays
Page 35 were also conditioned to protect residential amenity. This was conditioned as part of application DC/14/00906/FUL (Condition 11).
5.23 The addendum to the ES reasserts the assessment of impact of the development in terms of noise and vibration, air quality and consequently the impact on residential amenity is considered to be acceptable and in accordance with the aims and objectives of the relevant paragraphs within the NPPF, policy CS14 of the CSUCP and policy DC2 of the UDP.
5.24 HIGHWAY SAFETY AND PARKING Vehicular access is proposed from all four sides of the site, although access all the way down what was Dunsmuir Grove is not proposed. Instead a series of courtyards are proposed which will provide parking for properties surrounding each individual courtyard. What this means is that properties at the top (east)and bottom (west) of what was Dunsmuir Grove, would be accessed off Saltwell Road and Rawling Road respectively; whereas the properties in the middle would be accessed off the new road across the site between Westminster Road and Kelvin Grove, via a cross road arrangement in the middle. The internal roads are proposed to be block paved to provide a shared surface for pedestrians, cyclists and vehicles, which are not considered to be an issue.
5.25 The block paving along the route of Dunsmuir Grove is proposed to be interspersed with steps to take into account the change in land levels at the eastern end of the site and an area of grass further towards to west. This is to provide public amenity benefits and also a possible location for active play equipment within the development. However it is important to note that this area is proposed to remain as an adopted highway and is also a cycle route, so whilst the landscaping, materials and steps proposed are considered acceptable for planning, certain features would not be approved as part of the highway agreements and would have to be revisited. The applicant has been made aware of this but has stated they wish to continue with the planning application as proposed.
5.26 Traffic calming measures within the site have been proposed with final details to be submitted under condition 41 of application DC/14/00906/FUL, to ensure the development is a self-enforcing 20 mph zone. As new driveways are proposed onto Westminster Road and Kelvin Grove it is also considered these roads form part of the site and equally should be self-enforcing 20 mph zones and condition 41 does make reference to traffic calming both in and around the site. Whilst speed surveys have been carried out, that suggest that the speeds on Westminster Road and Kelvin Grove are already at 20 mph, there remains a need for the 85th% speeds to be established as, additional traffic calming may be required, but this can be addressed in more detail through condition 41 of DC/14/00906/FUL.
5.27 Within the site each property is proposed to have an allocated car parking space, within the private courtyard and parking areas, with the exception of plots 8 and 9 which are on the corner of the access off Westminster Road. Originally, although the front doors fronted onto the proposed new estate, there
Page 36 was no obvious place for residents of these properties to park their cars. This would likely have resulted in cars parking on the pavement in close proximity to the junction which would not be ideal. As a result parallel parking bays have been proposed in close proximity to the front doors, which although would not be allocated to the properties, would provide a safe parking area for residents or at least provide a more useable alternative to parking on the pavement.
5.28 18 of properties fronting onto Westminster Road, Kelvin Grove and Rawling Road either benefit from driveways and garages, with the other 10 houses on the perimeter of the site, being able to make use of on street parking.
5.29 It is acknowledged that the level of parking proposed for residents is relatively low and there are only 6 unallocated bays in addition to the 2 referred to above, proposed within the development. However it is acknowledged that car ownership in this ward (Saltwell) is below the Gateshead average at 53% of households having one or more cars, compared to the Gateshead average of 63% (2011 ONS Census data) and that there is unallocated on street parking available. As such, in this urban location with good access to transport links, the level of parking is considered to be adequate. A Travel Plan was conditioned at the outline stage (condition 16 of DC/14/00906/FUL). This would help to encourage the use of sustainable transport of which the site has good links to.
5.30 Secure cycle parking is proposed for each property, primarily in the form of secure sheds in the gardens and each property would also benefit from screened refuse stores with areas designed into the scheme for bins to be stored off the public highway on collection days.
5.31 Vehicle tracking has been provided for the site and although the tracking diagrams suggest the largest bin wagons would have to swing on to the opposite side of the road to access the site, discussions with colleagues in waste services advise that in this location a smaller wagon is used and they do not envisage there being any problems accessing the site. Limitations on access to parts of the site by larger delivery wagons or emergency services could occur, but this would not be a reason to refuse the application.
5.32 The layout of the proposed substation has also been amended and it would now appear a van servicing the substation would be able to pull fully clear of the highway.
5.33 Subsequently it is considered the proposed access points and layout of the development are acceptable in terms of highway safety and satisfy the aims and objectives of relevant paragraphs within the NPPF, as well as policy CS13 of the CSUCP.
5.34 AFFORDABLE HOUSING Policy CSUCP CS11 (5) requires 15% of dwellings on sites of 15 units or more to be affordable homes subject to viability. However the applicant, Gateshead Regeneration Partnership (GRP) have stated that they are committed to ensure
Page 37 that through the delivery of all their developments across the Borough at least 25% of new build housing is affordable.
5.35 In this case (Phase 2) 6 properties will be affordable homes (affordable rent) but it is important to note that in Phase 1 (Saltwell Road) 28% of the 99 homes are affordable which equates to 28 homes. This gives a percentage of 23% across the two phases. At this stage it is not possible to assess what level of affordable housing provision, if any, would be included in Phase 3 but so far it is considered that an adequate level of affordable housing is being provided in accordance with policy CS11 of the CSUCP.
5.36 Moreover it is reasonable to take into account the delivery of affordable housing across the totality of GRP sites rather than each location separately and the overall commitment made to deliver 25% is welcomed.
5.37 FLOOD RISK Condition 39 of DC/14/00906/FUL requires that a surface water drainage scheme is submitted for each subsequent phase based on sustainable drainage principles.
5.38 A drainage scheme has been submitted, based on the discharge rates agreed by Northumbrian Water and looks at various options for the site. However due to the constraints of the site it is accepted that use of SuDS is not practicable. Therefore a traditional scheme, which will replace any broken drains, is proposed and it is considered this will address any concerns raised by neighbouring occupiers, with regards to flooding in the north east corner of the site.
5.39 Northumbrian Water has not objected to the scheme that has been proposed.
5.40 The implementation of the submitted drainage scheme can be conditioned (CONDITION 9).
5.41 As a result it is considered the proposed development does not conflict with the aims and objectives of the NPPF, policy CS17 of the CSUCP or policy DC1 of the UDP.
5.42 SUBSTATION The outline planning permission DC/14/00906/FUL made specific reference to the substation to be provided on Phase 3 of the development. However since planning permission was granted it has also become apparent that a substation was required in Phase 2. A separate application has been submitted and approved for the substation (DC/17/00074/FUL) but final details of the service parking and boundary treatment for the sub-station has been submitted with this application. In response to this the highway safety implications have been addressed in the Highway Safety section of this report but generally the approach to the substation is considered acceptable and in line with previous approvals. Notably it is considered the natural surveillance provided for the substation and the space around the substation would deter instances of anti-social behaviour.
Page 38
5.43 OTHER MATTERS Matters such as on and off site play (condition 35), contaminated land (conditions 28 and 29), off site highway works (condition 32), bird boxes (condition 36) and mine capping (condition 8) were addressed at the outline stage (DC/14/00906/FUL) and these conditions would still need to be complied with.
6.0 CONCLUSION
6.1 This application has been treated as EIA development and Officers are satisfied the adequate environmental information has been provided to the Local Planning Authority to assess the significant environmental effects of the development on the environment. Furthermore, this environmental information has been taken into consideration in the assessment of this application.
6.2 Taking all of the relevant issues and environmental information into account, it is considered that planning permission for the reserved matters hereby applied for should be granted. The principle of the development has already been approved and the proposed access, layout, appearance, scale and landscaping satisfies the aims and objectives of relevant national and local planning policy.
7.0 Recommendation: That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
1 The development shall be carried out in complete accordance with the approved plan(s) as detailed below -
1509-P-201 Proposed Site Plan Revision M, 1509-P-HT-1470--01, 02, 1467--01, 02, 1325--01, 02, 1185--01, 02 947--01, 0, 714 01, 02, 1509_P_301 Revision B, 1509_P_205 Revision B (Boundary Treatments Only), 1019_10_Softworks 1 and 2 (Landscape Layout Only) and 1019_01_Landscape Strategy Revision B (Landscape Layout Only).
Any material change to the approved plans will require a formal planning application to vary this condition and any non-material change to the plans will require the submission of details and the agreement in writing by the Local Planning Authority prior to any non-material change being made.
Reason In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.
Page 39 2 The development to which this permission relates must be commenced not later than 2 years from the date of this approval of the reserved matters.
(N.B. if the reserved matters are approved on different dates, the two-year period is calculated from the approval of the last such matter to be approved.)
Reason This condition is imposed pursuant to the requirements of section 92 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
3 Development shall not commence above foundation level until samples of all materials, colours and finishes to be used on all external surfaces have been made available for inspection on site and are subsequently approved in writing by the Local Planning Authority.
Reason To safeguard the visual amenities of the area and to ensure that the proposed development does not have an adverse effect upon the appearance of the existing building in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
4 The development shall be carried out in accordance with the materials approved under condition 4.
Reason To safeguard the visual amenities of the area and to ensure that the proposed development does not have an adverse effect upon the appearance of the existing building in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
5 Notwithstanding the details approved on plan 1019_10_Softworks 1 and 2 and 1019_01_Landscape Strategy Revision B, prior to the development hereby approved being first occupied full details of the materials to be used and the planting schedules within the landscaped areas, including those areas which are to be retained as adopted highway, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a timetable for landscaping to be implemented.
Page 40 Reason To ensure that the approved landscaping scheme is completed in the interests of the visual amenity of the area and in accordance with policies CS15 and CS18 of the Core Strategy and policies DC1, ENV3 and ENV47 of the Unitary Development Plan.
6 The landscaping scheme shall be implemented in accordance with the timetable approved under condition 5.
Reason To ensure that the approved landscaping scheme is completed in the interests of the visual amenity of the area and in accordance with policies CS15 and CS18 of the Core Strategy and policies DC1, ENV3 and ENV47 of the Unitary Development Plan.
7 Prior to the properties hereby approved, adjacent the Stirling House Public House, being first occupied final details of the mitigation measures for these properties, as set out in the recommendations on pages 18 and 19 of the an submitted Noise Assessment for Kelvin Grove date May 2016 GRP/KG/001 update shall be submitted to and approved in writing by the Local Planning Authority. This includes details of boundary treatments and ventilation.
Reason In the interests of the amenity of nearby occupiers and in accordance with policy CS14 of the Core Strategy and policies DC1, DC2 and ENV61 of the Unitary Development Plan.
8 Notwithstanding the boundary treatments approved on plan 1509_P_205 Revision B the noise mitigation measures for the properties adjacent to the Stirling House Public House shall be implemented in accordance with the details approved under condition 7 prior to the first occupation of those properties.
Reason In the interests of the amenity of nearby occupiers and in accordance with policy CS14 of the Core Strategy and policies DC1, DC2 and ENV61 of the Unitary Development Plan.
9 The development hereby approved shall be implemented in full accordance with the Drainage Impact Assessment reference 16N618: Revision C and the drainage strategy as set out on plan 16N618-102 Rev P1, 103 Rev P1.
Reason
Page 41 To ensure an appropriate drainage system and management so as to prevent the risk of flooding in accordance with policy CS17 of the Core Strategy DC1 of the Unitary Development Plan.
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
Page 42 Agenda Item 4iii
REPORT NO 3
Committee Report Application No: DC/17/00465/FUL Case Officer Andrew C Softley Date Application Valid 27 April 2017 Applicant Mr And Mrs Thomas Mather Site: 764 Durham Road Gateshead NE9 7TA Ward: Chowdene Proposal: Erection of detached bungalow and detached dwellinghouse in rear garden of existing dwellinghouse (amended 28/06/17).
Recommendation: GRANT Application Type Full Application
1.0 The Application:
1.1 DESCRIPTION OF THE SITE The application site is part of the rear garden of 764 Durham Road, Low Fell. This is a large detached property that is accessed from Durham Road but the rear boundary of the property faces onto Cromer Avenue. The rear boundary is defined by a 1.8m high open-boarded fence, however, the rear of the garden also has a considerable number of poorly pruned trees, hedges and shrubs that further defines the rear boundary of the site. The character of the streetscene is predominantly made up of residential properties of differing sizes and styles, with the exception of the nearby public house.
1.2 DESCRIPTION OF THE APPLICATION This application proposes the erection of a detached bungalow and a detached dwellinghouse in the rear garden of the existing dwellinghouse (764 Durham Road). The bungalow would have a footprint of 10.4m by 8.5m, would be 2.5m high to the eaves and 5.9m high at the ridge. The detached dwellinghouse would have a footprint of 9.6m by 8.5m, would be 4.9m high to the eaves and 8.2m high to the ridge. The properties would be set back 5.95m from the kerb edge with Cromer Avenue and 3m in from the proposed boundary treatment to subdivide the application site from the remainder of the rear garden of 764 Durham Road. The dwellinghouse would be located towards the northern end of the site and would be positioned 1.5m-2m from the boundary with 35 Cromer Avenue and the bungalow would be located towards the southern end of the site and would be positioned 4.5m from the boundary with the neighbouring garage block. The separation distances to facing properties on Cromer Avenue would be 21m, 20m to the rear elevation of 764 Durham Road and 9.5m to 35 Cromer Avenue to the north.
1.3 Both properties would feature integral garages, with driveways onto Cromer Avenue, the bungalow would have two dormer windows to the front roof elevation and the dwellinghouse would have a room above the garage that
Page 43 would also be served by a front dormer window. Both properties are proposed to be constructed from brick, with concrete tiled roofs, uPVC windows and the dormer windows would be covered in 'Sarnofil'.
1.4 PLANNING HISTORY DC/16/01170/FUL: Planning permission granted for the erection of a three bedroom dormer bungalow and detached garage in rear garden of existing dwellinghouse (granted 04.04.2017).
809/83: Planning permission granted for the erection of a single storey extension at the rear of 764 Durham Road to provide a conservatory (granted 25.07.1983).
2.0 Consultation Responses:
Northumbria Water The developer is encouraged to develop their surface water drainage solution in line with Northumbrian Water guidelines.
Tyne And Wear No comments or objections. Archaeology Officer
3.0 Representations:
3.1 A total of 10 letters of objection have been received from 7 local residents, of which 4 letters were received in respect of the initial submission and following the submission of amended plans the same 4 residents reiterated their concerns and a further 3 local residents also expressed their concerns. The material planning issues raised across the 10 letters are summarised as follows: The new property would result in a loss of privacy to 35 Cromer Avenue and would reduce their outlook. The two-storey proposal would overlook the properties on the opposite side of Cromer Avenue due to the drop in land level. Two properties would amount to overdevelopment of the site and would create undue congestion. The construction process would create noise and dust issues. The loss of mature trees and shrubs that have a negative impact upon Low Fell Conservation Area should be resisted.
4.0 Policies:
NPPF National Planning Policy Framework
NPPG National Planning Practice Guidance
CS11 Providing a range and choice of housing
CS13 Transport
Page 44 CS14 Wellbeing and Health
CS15 Place Making
H4 Windfall and Small Housing Sites
ENV3 The Built Environment - Character/Design
ENV44 Wood/Tree/Hedge Protection/Enhancement
ENV54 Dev on Land Affected by Contamination
DC1C Landform, landscape and after-use
DC1P Contamination, derelict land, stability
DC2 Residential Amenity
MWR28 Prov of Facilities in new Developments
CFR20 Local Open Space
CFR28 Toddlers' Play Areas
CFR29 Juniors' Play Areas
CFR30 Teenagers' Recreation Areas
5.0 Assessment of the Proposal:
5.1 ASSESSMENT The main planning issues to be considered are the principle of the development, design, amenity, highway safety, contaminated land and play and open space provision.
5.2 PRINCIPLE OF THE DEVELOPMENT As the application site is not specifically allocated for housing in the UDP, proposals for housing would need to be considered in terms of windfall housing under policy H4 of the UDP.
5.3 The site forms a windfall site. The National Planning Policy Framework (NPPF) states that "… housing applications should be considered in the context of the presumption in favour of sustainable development."
5.4 With regards to sustainable development, this is a largely residential area, with retail and commercial uses nearby. It is considered that this proposal would not be at odds with the established character of the area and the amenity of future residential occupiers can be safeguarded. This will be discussed in more detail later in the report. As a result the principle of developing this site for residential
Page 45 use is considered acceptable should all other material planning considerations be satisfied.
5.5 The proposal would see the creation of two 3 bedroom properties and hence it would accord with the aims and objectives of policy CS11 of the CSUCP.
5.6 On this basis, the proposed development is considered to be a windfall housing site that will bridge a portion of the gap in the dwelling stock within the borough. The application is therefore considered appropriate in the context of the NPPF, saved policy H4 of the UDP and policies CS10 and CS11 of the CSUCP.
5.7 COMMUNITY INFRASTRUCTURE LEVY On 1st January 2017 Gateshead Council became a CIL Charging Authority. This application has been assessed against the Council's CIL charging schedule and the development is CIL chargeable development, as it is housing related. However, the development is located within Charging Zone C, which has a levy of £0 per square metre for this type of development. As such no CIL charge is liable.
5.8 DESIGN AND VISUAL AMENITY/LANDSCAPING AND BOUNDARY TREATMENT The design, scale, layout, height, density and appearance of the proposed development is considered to be sympathetic to the surrounding area and would not appear out of keeping with the existing housing stock and other buildings as a result. Furthermore, the design of the properties would create sufficient amenity space and prevent the site from being overdeveloped. The materials proposed are also considered to be suitable and subject to agreeing the precise details would safeguard visual amenity (conditions 3-4).
5.9 With regard to landscaping, no details of soft and only limited details of hard landscaping have been submitted. Therefore, it is considered necessary to condition their final approval to ensure visual amenity is preserved (conditions 5-7).
5.10 Furthermore, the boundary treatment details are limited and therefore it is considered appropriate to condition that the final details are submitted for approval (conditions 8-9).
5.11 Subject to the above the development would accord with the NPPF, policy CS15 of the CSUCP and saved policies ENV3 and DC1(c) of the UDP.
5.12 TREES The trees within the site are of limited amenity value, as they have been badly pruned historically. Therefore, removing all of them to permit the development is not considered to be a significant constraint in this case. However, no details of a final landscaping scheme have been submitted and therefore, as set out above, it is considered necessary to condition that a landscaping scheme is submitted for approval, which should include details of replacement tree planting. Subject to that it is considered that the proposal would accord with the NPPF and saved policy ENV44 of the UDP in that regard.
Page 46
5.13 RESIDENTIAL AMENITY The appropriate scale of the properties, the acceptable layout of windows, the adequate separation distances and the general design proposed are such that no significant loss of light, visual intrusion, overshadowing or overlooking should result to neighbouring properties. However, it is considered necessary to condition that hours of construction are suitable to safeguard residential amenity from noise impacts. Subject to the condition the proposal would satisfy the aims and objectives of the NPPF as well as policy CS14 of the CSUCP and saved policy DC2 of the UDP (condition 10).
5.14 ACCESS/HIGHWAY SAFETY AND REFUSE The proposed driveway for the bungalow would be in close proximity to a traffic calming hump. That said as this is a low-speed street officers are satisfied that the driveway can be installed as proposed on the applicant's plan. However, the applicant must note that when entering and exiting the driveway they may have to traverse across the traffic hump at an awkward angle and could cause grounding issues to lower cars. This is not deemed to harm highway safety and thus does not constitute a reason to object to the application but the applicant must be aware that in placing the driveway here they may be susceptible to this or similar access problems. This has been discussed with the applicant and they are satisfied with the position.
5.15 Having considered the proposal, the low speed nature of the street and following a site visit, it is considered that an adequate visibility splays can be formed, as along as the visibility is maximised to the southern corner point of the applicant's land. This can be controlled through conditioning the landscaping and boundary treatment details.
5.16 Dropped kerbs would be required and should be completed by Gateshead Council at the applicant's expense. It is recommended that an informative to that effect should be added to the decision notice should planning permission be granted.
5.17 The driveways and garages are considered to be acceptable in terms of highway safety and the garages would also provide adequate cycle storage. The site also provides sufficient space for refuse storage and level access to Cromer Avenue for collection.
5.18 Therefore, it is considered that the proposed development would not conflict with the aims and objectives of the NPPF as well as policy CS13 of the CSUCP and saved policy MWR28 of the UDP.
5.19 CONTAMINATED LAND/COAL MINING LEGACY In view of the sensitive end use proposed and because the site falls within a Coal Authority High Risk Area the planning application is supported by a Preliminary Risk Assessment (PRA) and Coal Mining Risk Assessment. The findings and conclusions of the reports have been assessed and it is considered that the proposed development is not at any significant risk from previous land use operations. Therefore, it is considered that the only condition
Page 47 required, should planning permission be granted, is to address the necessary course of action if unexpected contamination is discovered during construction (condition 11). Subject to that condition the proposal would accord with the NPPF and saved policies ENV54 and DC1(p) of the UDP.
5.20 OPEN SPACE AND PLAY Saved UDP Policies CFR20, CFR28, CFR29 and CFR30, relating to the provision of play facilities and open space are considered to apply to the current application.
5.21 However, pooling restrictions were introduced by the Community Infrastructure Levy Regulations 2010 which means that no more than 5 obligations can be pooled in respect of an infrastructure type or infrastructure project.
5.22 The Council has already exceeded the five obligation maximum in respect of all three types of play and for open space in this area and the contribution generated by this development would not be sufficient to fund the improvements required at the sites referred to above or provide new facilities. Therefore the Council cannot seek any further obligations in respect of these matters.
5.23 Consequently while it cannot be concluded that the proposed development would comply with saved Policies CFR20, CFR28, CFR29 and CFR30 of the UDP it is considered that it is not possible to require any contribution for either play or open space provision in this case, based on the above assessment.
5.24 OTHER MATTERS Concern has been raised that removing the trees from the garden would harm the character and appearance of Low Fell Conservation Area. However, the application site is located outside of Low Fell Conservation Area and the application site is not considered to have any impact upon the setting of the conservation area. Therefore, harm to Low Fell Conservation Area cannot be given any weight when determining this application.
6.0 CONCLUSION
6.1 Taking all the relevant issues into account, it is therefore recommended that planning consent be granted, as the application has satisfactorily demonstrated that the principle of the development is acceptable and it would not create any visual amenity, highway safety, contamination or residential amenity issues. It is considered that the proposal does accord with national and local planning policies and the recommendation is made taking into account all material planning considerations including the information submitted by the applicant and third parties.
7.0 Recommendation: That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
Page 48 1 The development shall be carried out in complete accordance with the approved plan(s) as detailed below - 252 HE, 252 FFP, 252 GFP, 252 BE, 252 PSP.
Any material change to the approved plans will require a formal planning application to vary this condition and any non-material change to the plans will require the submission of details and the agreement in writing by the Local Planning Authority prior to any non-material change being made.
Reason In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.
2 The development to which this permission relates must be commenced not later than 3 years from the date of this permission.
Reason To comply with section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
3 No development above damp proof course shall commence until samples of all materials, colours and finishes to be used on all external surfaces, including the driveway, patio and footpaths, have been made available for inspection on site and are subsequently approved in writing by the Local Planning Authority.
Reason To safeguard the visual amenities of the area and to ensure that the proposed development does not have an adverse effect upon the appearance of the existing building in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
4 The development shall be completed using the materials approved under condition 3 and retained as such in accordance with the approved details thereafter.
Reason To safeguard the visual amenities of the area and to ensure that the proposed development does not have an adverse effect upon the appearance of the existing building in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies
Page 49 CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
5 The development hereby approved shall not be occupied until a fully detailed scheme for the landscaping of the site has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include details and proposed timing of hard landscaping, proposed trees and hedges, ground preparation and planting plans noting the species, plant sizes and planting densities for all new planting.
Reason To ensure the satisfactory appearance of the development upon completion in the interests of the visual amenity of the area and in accordance with the NPPF, saved policies DC2 and ENV3 of the Unitary Development Plan and policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
6 The landscaping scheme approved under condition 5 shall be implemented in accordance with the approved details within the first available planting season following the approval of details.
Reason To ensure the satisfactory appearance of the development upon completion in the interests of the visual amenity of the area and in accordance with the NPPF, saved policies DC2 and ENV3 of the Unitary Development Plan and policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
7 The approved landscaping scheme shall be maintained in accordance with British Standard 4428 (1989) Code of Practice for General Landscape Operations for a period of 5 years commencing on the date of Practical Completion and during this period any trees or planting which die, become diseased or are removed shall be replaced in the first available planting seasons (October to March) with others of a similar size and species and any grass which fails to establish shall be re-established.
Reason To ensure the satisfactory appearance of the development upon completion in the interests of the visual amenity of the area and in accordance with the NPPF, saved policies DC2 and ENV3 of the Unitary Development Plan and policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
8
Page 50 The development hereby approved shall not be occupied until a fully detailed scheme for the boundary treatment of and within the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the type, position, design, dimensions and materials of the boundary treatment.
Reason To ensure the satisfactory appearance of the development upon completion in the interests of amenity of the area and in accordance with the NPPF, saved policies DC2 and ENV3 of the Unitary Development Plan and policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
9 The boundary treatment details approved under condition 8 shall be implemented wholly in accordance with the approved details prior to the development being occupied and retained as such thereafter unless otherwise approved in writing by the Local Planning Authority.
Reason To ensure the satisfactory appearance of the development upon completion in the interests of amenity of the area and in accordance with the NPPF, saved policies DC2 and ENV3 of the Unitary Development Plan and policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
10 Unless otherwise approved in writing by the Local Planning Authority, all external works and ancillary operations in connection with the construction of the development, including deliveries to the site, shall be carried out only between 0800 hours and 1700 hours on Mondays to Saturdays and at no time on Sundays, Bank Holidays or Public Holidays.
Reason To safeguard the amenities of nearby residents and in accordance with the NPPF, saved Policies DC1, DC2 and ENV61 of the Unitary Development Plan and Policy CS14 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne
11 If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until this condition has been complied with in relation to that contamination.
Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that
Page 51 the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with the NPPF, policy CS14 of the Core Strategy and Urban Core Plan and policies DC1(p) and ENV54 of the Unitary Development Plan.
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
Page 52 Agenda Item 4iv
REPORT NO 4
Committee Report Application No: DC/17/00574/COU Case Officer Tracy Long Date Application Valid 25 May 2017 Applicant Mr Mark Gardner Site: Karting North East Indoor Ltd Forge Road Dunston Gateshead NE8 2RB Ward: Dunston And Teams Proposal: Change of use from Go Kart Track (Sui Generis - use class) to Indoor Trampoline Park (leisure use class - D2) Recommendation: GRANT Application Type Change of Use
The Application:
1.0 DESCRIPTION OF THE APPLICATION SITE
1.1 The application site is Unit 1 Forge Road in Dunston. The site measures around 0.84 hectares and has a large detached building on it that is currently in use as a go karting centre (planning use class – Sui Generis). The property is a large single storey building with a floor area of around 3,550 m2.
1.2 The site is level and is enclosed by palisade fencing and landscaping. There are two vehicle access points to the site off Forge Road. One to the rear of the building which provides access to the rear servicing yard. The second access at the front of the building (facing east) provides access to a large hard surfaced area stretching from the front of the building to the A184. This area is used for car parking but the car parking spaces are not formally marked out.
1.3 The site is situated with a mixed commercial and residential area. To the north of the site is a railway line with Jennings Ford garage beyond. To the east of the site is the A184 with Vance Business Park beyond. To the south and west of the site are residential properties along Thornhill Close, Appleton Close and Rochester Gardens.
1.4 The site is not allocated for any specific purpose on the Council’s Local Plan Policies Map 2015. The site is however allocated as an area of potential archaeological interest as well as being situated within a wildlife corridor.
Page 53 1.5 DESCRIPTION OF THE APPLICATION
1.6 This planning application seeks planning permission to change the use of the building and site from a go karting centre (use class Sui Generis) to an indoor trampoline park (leisure use class D2).
1.7 The submitted Planning Statement explains that the proposed trampoline park would be an indoor recreational sports facility open to the public for freestyle trampoline play, trampoline dodge ball, large foam cubes pits and fitness classes. The open jump area will consist of a large area of safety padded, wall to wall interconnecting trampolines. The proposed use will cater for individuals of all ages as well as group events, including birthday parties.
1.8 The proposed opening hours are 9am – 11pm everyday, including Bank Holidays. Customers would book 50 minute sessions that will begin on the hour every hour.
1.9 No external alterations are proposed to the site or building. This planning application is solely seeking a change of use. No alterations are therefore proposed to the existing vehicle access arrangements. It is however proposed as part of this planning application that the existing hard surfaced tarmac and gravel parking area to the front of the building would be formally marked out showing the specific location of the car parking spaces.
1.10 This planning application has been submitted with a Planning Statement and a Transport Statement.
1.11 RELEVANT PLANNING HISTORY
1.12 154/95 Change of use from former kitchen manufacturing and retailing premises to indoor go karting track (sui generis use). Temporary 3 year planning permission granted 3 April 1995.
1.13 67/98 Renewal of permission – continued use of former kitchen manufacturing and retail premises as indoor go karting track (sui generis use). APPROVED 16 March 1998 subject to a number of planning conditions including planning condition 3 which stated that this should be a temporary permission only for another 3 years.
1.14 APPEAL An appeal was made against a number of the planning conditions attached to permission 67/98 which included
Condition 1 – list of plan references Condition 2 – time limit to start works Condition 3 – temporary permission for 3 years Condition 4 – final details of access and parking arrangements
Page 54 Condition 7 – provision of ramped/level access Condition 9 – scheme for soundproofing of building
1.15 This appeal was allowed as the Planning Inspectorate considered that the conditions 1, 2, 3, 7 and 9 were unnecessary.
2.0 Consultation Responses:
None
3.0 Representations:
3.1 The Council sent out neighbour notification letters to 23 properties surrounding the application site.
3.2 1 letter of objection has been received from a local resident (address not known) objecting to the proposal on the following grounds:
- increased volume of traffic - overspill car parking along Forge Road - unsociable hours of access up to 11pm everyday - there is no need for an additional trampoline park - pigeon faeces contamination along Forge Road - lack of consultation/information provided to residents - increase in litter, damage to the area and graffiti from visiting youths
4.0 Policies:
NPPF National Planning Policy Framework
NPPG National Planning Practice Guidance
DC2 Residential Amenity
ENV21 Sites of Archaeological Imp - Known
ENV22 Sites of Archaeological Imp - Potential
ENV51 Wildlife Corridors
CS13 Transport
CS14 Wellbeing and Health
CS18 Green Infrastructure/Natural Environment
5.0 Assessment of the Proposal:
Page 55 5.1 The main planning issues are considered to be the principle of a leisure use in this location and its impact on traffic and parking in the area and the impact on the living conditions of surrounding residents.
5.2 PRINCIPLE OF DEVELOPMENT The application site is not allocated for any specific purpose on the Council’s Local Plan Policies Map. Therefore the principle of changing the use of this site from a go kart track to a trampoline park is considered acceptable in principle, subject to other detailed planning considerations being satisfied
5.3 TOWN CENTRE USE SEQUENTIAL TEST The proposed trampoline park is a main town centre use as set out in the National Planning Policy Framework (NPPF). The site is in an out of centre location. Whilst the application is for a change of use, the existing and proposed uses are commercial leisure uses in nature and therefore on balance Council officers are of the view that a town centre sequential test which considers if there are suitable alternatives sites at the edge of centre and in centre to accommodate the proposed development, does not need to be carried out in this case. Other Councils have taken a similar approach to such similar planning application.
5.4 HIGHWAY ISSUES No changes are proposed to the existing vehicle access arrangements to the site, which are considered to be acceptable. With regards to the number of vehicles coming to and from the site, Council officers considered that the proposed use will not have a severe impact on the highway and will not create any road safety concerns. The information submitted as part of the Transport Statement show that vehicle movements to and from the site will be higher at weekends when traffic on the highway network is much lower.
5.5 In terms of the car parking provision, it is proposed to mark out the existing hard surfaced parking area at the front of the building to provide 88 car parking spaces and 3 disabled car parking spaces. The Council’s car parking standards normally require that leisure uses provide at least 6% of the visitor spaces to be reserved for disabled persons. This would equate to 5 of the 88 car parking spaces.
5.6 The Council does not have a specific car parking standard for trampoline parks. The provision of 88 car parking spaces should also address any concerns that local residents may have about overspill car parking taking place along Forge Road. Therefore in this instance (subject to a revised car parking plan being received which increases the number of disabled car parking spaces to 6%) the proposed car parking provision is accepted by Council officers.
5.7 The proposed car park plan that has been submitted is not to scale. The applicant has also agreed to provide a separate pedestrian access to the site from Forge Road to the front of the building to improve pedestrian safety – although this is not currently shown on the submitted car parking plan. Two conditions have therefore been recommended (conditions 3 and 4) to approve a revised layout for the car park which is to scale and includes details of the new
Page 56 pedestrian access, cycle parking and motorcycle parking provision, an increase in the number of disabled car parking spaces and its implementation on site.
5.8 Cycle parking is to be provided as part of the development. Two conditions (conditions 5 and 6) have therefore been recommended to approve the final details and provision of the cycle parking for staff and visitor to ensure that it is suitable, secure and weatherproof.
5.9 A condition (condition 7) has also been recommended to approve a travel plan for the site to promote sustainable travel choices.
5.10 Subject to the above planning conditions the proposed development is considered to be acceptable from a highway point of view and accords with the aims and objectives of the NPPF and policy CS13 of the CSUCP.
5.11 RESIDENTIAL AMENITY ISSUES Concerns have been raised by a local resident about the unsociable hours of the proposed trampoline park. The previous planning permission 67/98 which was granted at appeal was subject to a condition (condition 8) which restricted the opening hours of the premises to between 9am – 11pm. Council officers are also of the opinion that the propose trampoline park is likely to generate less noise that the existing use of the building as an indoor go karting track.
5.12 Given the above it is considered that the proposed use and proposed opening hours of 9am – 11pm is acceptable from a residential amenity point of view and accords with the NPPF, saved policy DC2 of the UDP and policy CS14 of the CSUCP.
5.13 ARCHAEOLOGY ISSUES The site is allocated as an area of archaeological importance on the Council’s Local Plan Policies Map 2015. However given that this application is solely seeking a change of use of the existing building from a go kart track to an indoor trampoline park, with no external alterations, and that the marking of the car parking spaces will not involve breaking the ground, Council officers consider that the proposed development raises no archaeological issues.
5.14 ECOLOGY ISSUES The site is also within a wildlife corridor. Given that this application is solely seeking a change of use of the existing building from a go kart track to an indoor trampoline park, with no external alterations, Council officers consider that the proposed development raises no ecology issues.
5.15 COMMUNITY INFRASTRUCTURE LEVY On 1st January 2017 Gateshead Council became a Community Infrastructure Levy (CIL) Charging Authority. This application has been assessed against the Council’s CIL charging schedule and the development is not CIL chargeable development as it is not for qualifying retail or housing related. As such no CIL charge is liable.
5.16 OTHER ISSUES
Page 57 Concerns have been raised from a local resident about the lack of consultation. However the Council notified 23 properties surrounding the site about the planning application.
5.17 Council officers are not aware of any evidence to indicate that the proposed use would increase litter, damage or graffiti in the area. In the event of any anti social behaviour this would be a matter for the Police.
5.18 Any issue relating to pigeon faeces along Forge Road is not considered to be a material planning consideration.
6.0 CONCLUSION
6.1 Taking all the relevant issues into account, including the comments made by a local resident, it is considered that the proposed development is acceptable from a planning point of view and accords with both national and local planning policies.
6.2 The proposed development would keep an existing building in use, promote a healthy activity for the residents of Gateshead as well as creating jobs.
6.3 It is therefore recommended that planning permission be granted, subject to the conditions below.
7.0 Recommendation: That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
1 The development shall be carried out in complete accordance with the approved plan(s) as detailed below -
FL10807/003 Site Location Plan 18/5/2017 FL10807/002 Proposed Site Layout 18/5/2017 FL10807/001 Proposed Parking Layout 18/5/2017
Any material change to the approved plans will require a formal planning application to vary this condition and any non-material change to the plans will require the submission of details and the agreement in writing by the Local Planning Authority prior to any non-material change being made.
Reason In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.
2
Page 58 The development to which this permission relates must be commenced not later than 3 years from the date of this permission.
Reason To comply with section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
3 Notwithstanding the submitted drawings, prior to the car parking spaces being marked out on site a revised car parking which includes the following elements shall be submitted to and approved in writing by the Local Planning Authority : a - a plan drawn to a recognised scale b - provides 6% of the spaces for disabled parking c - provides a separate pedestrian access from Forge Road to the front of the building d - shows the location of the cycle parking provision e - shows the location, number and specification of secure motorcycle parking
Reason In the interest of pedestrian and highway safety to accord with the NPPF, policy CS13 of the Council's Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne and the Council's Cycling Strategy.
4 The revised car parking layout approved under condition 3 shall be provided in accordance with the approved details prior to the trampoline park being brought into use.
Reason In the interest of pedestrian and highway safety to accord with the NPPF, policy CS13 of the Council's Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne and the Council's Cycling Strategy.
5 Notwithstanding the submitted details, prior to the trampoline park being brought into use a detailed scheme (number, location, specification) for the provision of secure and weatherproof cycle parking facilities at the site for both staff and visitor shall be submitted to and approved in writing by the Local Planning Authority.
Reason In order to ensure adequate provision for cyclists in accordance with the NPPF, Policy CS13 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne and the Council Cycling Strategy.
Page 59
6 The cycle parking provision approved under condition 5 shall be provided on site in accordance with the approved details prior to the trampoline park being brought into use and thereafter retained.
Reason In order to ensure adequate provision for cyclists in accordance with the NPPF, Policy CS13 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne and the Council Cycling Strategy.
7 Prior to the trampoline use being brought into use a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.
The revised Travel Plan shall detail the delivery mechanism for its implementation in order to provide for the
1 Reduction in car usage and increased use of public transport, walking and cycling 2 Reduced traffic speeds within the site and improved road safety and personal security for pedestrians and cyclists; 3 More environmentally friendly delivery and freight movements; 4 A programme of continuous review of the approved details of the Travel Plan and the implementation of any approved changes to the plan.
Evidence of the travel plans implementation over a minimum period of 12 months shall be submitted to and approved in writing by the Local Planning Authority prior to formally discharging the condition. At all times thereafter, the Travel Plan shall be implemented in accordance with the approved details or any changes made under the review process.
Reason To promote sustainable travel and to accord with the NPPF and Policy CS13 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne.
Page 60
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
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UPDATE
REPORT OF THE STRATEGIC DIRECTOR, COMMUNITIES AND ENVIRONMENT
TO THE PLANNING AND DEVELOPMENT COMMITTEE ON 4 October 2017
Please note this document should be read in conjunction with the main report of the Strategic Director, Communities and Environment.
Page 63
Page 64 Report No 4 MINOR UPDATE Application No: DC/17/00574/COU Site: Karting North East Indoor Ltd Forge Road Dunston Gateshead NE8 2RB Proposal: Change of use from Go Kart Track (Sui Generis - use class) to Indoor Trampoline Park (leisure use class - D2) Ward: Dunston And Teams Recommendation: Grant Permission Application Type Change of Use
Reason for Minor Update
Further consultation response received
Highways England have stated that they have no objections.
SEE MAIN AGENDA FOR OFFICERS REPORT.
Page 65 This page is intentionally left blank Agenda Item 4v
REPORT NO 5
Committee Report Application No: DC/17/00610/HHA Case Officer Joanne Munton Date Application Valid 6 June 2017 Applicant Mr Russell Urwin Site: 26 Hollinhill Lockhaugh Rowlands Gill NE39 1AZ Ward: Winlaton And High Spen Proposal: Two storey side extension and dormer window to rear (amended plans received 03.08.2017) Recommendation: GRANT Application Type Householder Application
1.0 The Application:
1.1 This application was deferred at the meeting of the Planning and Development Committee on 13 September 2017 to allow the Committee to visit the site. Members visited the site on 28 September 2017.
1.2 DESCRIPTION OF SITE The application relates to a 2 storey brick built semi-detached property with pitched tiled roof. The dwelling faces south east and is attached to neighbours at no.28 to the south west. There is a single storey garage attached and a walkway between this and the garage serving no.24 to the north east.
1.3 Existing additions to the property comprise a single storey rear extension spanning the width of the main dwelling (excluding the garage) and a first floor element above this on the north eastern side of the rear elevation.
1.4 Land levels slope gently downwards from the northeast to the southwest.
1.5 The application site lies in the Green belt within the Lockhaugh Settlement Envelope as designated in the UDP.
1.6 DESCRIPTION OF APPLICATION The application proposes a first floor extension above the garage and a two storey extension to the rear of the garage as a continuation of this element. The proposal is also for a dormer on the rear roof slope.
1.7 RELEVANT PLANNING HISTORY
DC/06/00294/FUL - Erection of part single-storey/part two-storey extension at rear of dwellinghouse - granted 26.04.2006
Page 67 2.0 Consultation Responses:
None
3.0 Representations:
3.1 Neighbour notifications were carried out in accordance with formal procedures introduced in the Town and Country Planning (Development Management Procedure) Order 2015.
3.2 An objection has been received from Councillor Charlton:
The proposed extension is large and will affect the light coming into the neighbouring property; The proposed extension would affect the privacy of the neighbouring property.
3.3 Three objections have been received from residents regarding the scheme initially submitted:
Inaccurate description of proposal as it includes a loft conversion; Proposal is out of character with the area; Loss of light at neighbouring properties and gardens; Loss of privacy in neighbouring gardens; Overdevelopment and proposal out of scale with the surrounding properties.
3.4 Three further objections have been received from residents regarding the amended plans that have been submitted:
Inaccurate description of proposal as it includes a loft conversion; The site plan cannot be scaled in the absence of a scale line or dimensions and the west elevation drawing does not provide all dimensions; The site plan does not show property boundaries correctly; The site plan does not show the footprint of adjacent properties correctly; The 3D image does not show the adjacent properties or boundary fence correctly; The proposal would be out of keeping with the character of the street scene, would be visually intrusive and would reduce light/result in overshadowing at neighbouring properties; Impact on the Green Belt; The proposal would have an overbearing and oppressive effect; Loss of privacy at neighbouring properties; Impact on access to the rear of neighbouring properties; Previous reasons for objection have not been addressed in amended plans.
3.5 Following the Planning and Development Committee on 13 September 2017, a further representation has been received from a resident requesting a demonstration of the scale and extent of the proposals on site for the Committee site visit on 28 September 2017 and stating that building works and bin access arrangements would need to be discussed with neighbours.
Page 68 4.0 Policies:
NPPG National Planning Practice Guidance
NPPF National Planning Policy Framework
DC2 Residential Amenity
ENV3 The Built Environment - Character/Design
CS13 Transport
CS14 Wellbeing and Health
CS15 Place Making
CS19 Green Belt
ENV38 Washed-Over Settlements in Green Belt
HAESPD Householder Alterations- Extensions SPD
5.0 Assessment of the Proposal:
5.1 The key considerations to be taken into account when assessing this planning application are Green Belt, visual amenity and residential amenity.
5.2 GREEN BELT The site is in the Green Belt and part 9 of the NPPF sets out the national policy for development within the Green Belt. Policy CS19 of the CSUCP reflects the NPPF.
5.3 The site is also within the Lockhaugh Green Belt settlement envelope as defined by saved policy ENV38 of the UDP, which states that providing that it does not have an adverse effect on the character of the settlement concerned and satisfies other detailed planning considerations, infilling development within the envelopes will be allowed.
5.4 The development is not considered to have a detrimental impact on the openness of the Green Belt, nor would it have an adverse effect on the character of Lockhaugh as a settlement; in addition, as the proposed dormer could be provided in isolation under permitted development rights, the applicant would have this fall back position.
5.5 It is therefore considered that the development accords with policy CS19 of the Core Strategy and Urban Core Plan, policy ENV38 of the UDP and the National Planning Policy Framework.
5.6 VISUAL AMENITY
Page 69 The first floor extension above the garage would be widely visible. There are examples of extensions over garages along the street and it is considered that the proposal would not have an unacceptable impact on the streetscene.
5.7 The proposed dormer and projection from the rear of the garage are elements typical of a rear elevation in the area. For example, there are rear dormers at properties along Hollinhill and Deneway (to the south) and there are rear extensions on Hollinhill, with some joined to first floor extensions over garages, for example at no.22.
5.8 The first floor extension over the garage would not result in a terracing effect as the existing space between the host property's garage and the garage to no.24 would be retained. It is considered that the proposal would not be out of character with the street scene and would not result in overdevelopment of the property. In any event, the dormer in isolation could be installed under permitted development rights.
5.9 The proposal would respect local distinctiveness and character and it would comply with the aims and requirements of saved policy ENV3 of the UDP and policy CS15 of the CSUCP and The Householder Alterations and Extensions SPD.
5.10 RESIDENTIAL AMENITY The host property is attached to neighbours at no.28 to the south west and there are detached neighbours to the north east at no.24.
5.11 The projection of the proposed extension to the rear of the garage would reflect that of the single storey extension to the garage of neighbours at no.24. The proposed first floor extension over the garage would bring the two storey part of the host dwelling closer to the boundary with neighbours with no.24. However, given the retention of the walkway between the two properties and the limited projection to the rear, it is considered that the proposed two storey element would not have an unacceptable overbearing impact on neighbouring properties.
5.12 Additionally, given the orientation of the properties, the proposed two storey element would result in additional overshadowing in the afternoon at neighbouring properties to the north east. However, consideration is given to the existing situation as a result of the orientation of properties on the street and it is considered that the proposed first floor/two storey extension would not result in an unacceptable loss of light at neighbouring properties.
5.13 The window in the side elevation of the proposed first floor extension (which would serve a bedroom) would be high level. It is understood that the window on the side elevation of the neighbouring property at no.24 serves a stairwell (which is not a habitable room), as a result it is considered the first floor/two storey extension would not result in an unacceptable loss of privacy at neighbouring properties.
Page 70 5.14 Furthermore, as above, the dormer in isolation could be installed under permitted development rights without planning permission. Notwithstanding this, it is considered that the proposed dormer would not result in an unacceptable loss of light or privacy, or an overbearing impact at neighbouring properties.
5.15 The proposal would not conflict with the aims and requirements of saved policy DC2 of the UDP and policy CS14 of the CSUCP and The Householder Alterations and Extensions SPD.
5.16 OTHER MATTERS Internal works to a property to create a loft conversion are not within the definition of development. External works such as dormers and rooflights are development and those features that exceed the limitations of the permitted development require planning permission. Therefore, the proposal description is considered to be accurate.
5.17 The application plans are at a correct scale and can be measured accurately.
5.18 A site visit has been made and officers are aware of the features of neighbouring properties and the relationships with the application site.
5.19 Access for building works is not controlled by planning and the 0.9m gap between nos.24 and 26, which is understood to be used for wheeling bins to the front of properties, would be retained.
6.0 CONCLUSION
6.1 Taking all the relevant issues into account, it is considered that the proposed development is acceptable in terms of Green Belt, visual and residential amenity, and would comply with the aims and objectives of the NPPF, and the relevant policies of the UDP and the CSUCP and The Householder Alterations and Extensions SPD.
6.2 It is recommended that planning permission be granted, subject to the below conditions.
7.0 Recommendation: That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
1 The development shall be carried out in complete accordance with the approved plan(s) as detailed below -
Location Plan 1518/AG(00)01 1518/AG(02)02 revB 1518/AG(02)06 1518/AG(03)03 revA
Page 71 1518/AG(03)04 revD 1518/AG(03)05 revC 1518/AG(03)07 revC 1518/AG(03)08 revD
Any material change to the approved plans will require a formal planning application to vary this condition and any non-material change to the plans will require the submission of details and the agreement in writing by the Local Planning Authority prior to any non-material change being made.
Reason In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.
2 The development to which this permission relates must be commenced not later than 3 years from the date of this permission.
Reason To comply with section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
3 All external surfaces shall be completed in materials to match those of the existing building. Where new materials would differ in any way from those of the existing building, no development shall commence until samples of the proposed materials are made available for inspection on site and are subsequently approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with those details.
Reason To safeguard the visual amenities of the area and to ensure that the proposed development does not have an adverse effect upon the appearance of the existing building in accordance with the NPPF, Saved Policies DC2 and ENV3 of the Unitary Development Plan and Policies CS14 and CS15 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne
Page 72
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
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UPDATE
REPORT OF THE STRATEGIC DIRECTOR, COMMUNITIES AND ENVIRONMENT
TO THE PLANNING AND DEVELOPMENT COMMITTEE ON 4 October 2017
Please note this document should be read in conjunction with the main report of the Strategic Director, Communities and Environment.
Page 75
Page 76 Report No 5 MINOR UPDATE Application No: DC/17/00610/HHA Site: 26 Hollinhill Lockhaugh Rowlands Gill NE39 1AZ Proposal: Two storey side extension and dormer window to rear (amended plans received 03.08.2017) Ward: Winlaton And High Spen Recommendation: Grant Permission Application Type Householder Application
Reason for Minor Update
Further representations made
Two further objections have been received from a resident raising the following concerns:
That objections (including photographs) were ignored and not part of the Planning Committee presentation, and Planning Committee members were not made sufficiently aware of objections received;
That objectors consider that the application conflicts with the Council’s Householder Alterations and Extensions SPD and that on the site visit on 28 September, Planning Committee members appear to have been mistakenly led to believe that it would not;
That the proposal would not fully comply with the advice within the Council’s Householder Alterations and Extensions SPD and policy DC2 of the UDP, particularly in terms of: overshadowing neighbouring properties, loss of privacy at neighbouring properties, an overbearing and oppressive effect on neighbouring properties, and impact on visual amenity, specifically in reference to the proposed dormer. Dormers in the immediate area are primarily on bungalows and only one two storey property has a rear single dormer, which is incomparable to the ‘three storey’ effect the proposed dormer would create. At Planning Committee on 13 September, the applicant referred to extensions at the Sherburn Park estate and objectors feel that given the location and size/character of this other estate the comparison should not be used to justify this current proposal.
Page 77 A summary of the objections received is available within section 3.0 of the officer’s report and copies of the documents (and any other information/details) received as representations are required to be made publicly available by the LPA in any event.
It is not usual procedure to formally present images submitted within representations at Planning Committee. In terms of drawings/indicative drawings submitted in representations, there is no certainty as to whether these would accurately portray the proposal. In terms of photographs, photographs were presented that showed the application site and relationships with neighbouring properties.
Further, objectors had the opportunity to speak to highlight their concerns at Planning Committee on 13 September and Committee members visited the application site and the neighbouring property at no.24 on 28 September.
Whilst a summary of the objections received is provided in the main report, this is expanded below:
There is a conservatory and a single storey extension to the garage at the rear of neighbours at no.24. Objections raise particular concern regarding the impact of the proposal in terms of loss of light/overshadowing, loss of privacy, an overbearing and oppressive effect and impact on the visual amenity of the area in relation to the conservatory at no.24.
The main report also addresses the proposal’s potential impact on residential amenity at paragraphs 5.10 to 5.15. Saved policy DC2 of the UDP and policy CS14 of the CSUCP require that residential amenity is protected. The Householder Alterations and Extensions SPD provides more detailed advice to these policies, and advises that proposed extensions should not dominate neighbouring properties or significantly alter a neighbour’s existing level of sunlight, daylight or privacy.
As in the main report, it is considered that the proposal would not result in an unacceptable loss of light or privacy, or an overbearing impact at neighbouring properties, and would comply with the relevant policies and the Householder Alterations and Extensions SPD in terms of impact on residential amenity.
In respect of the proposed dormer, the Householder Alterations and Extensions SPD discourages dormer extensions appearing as more than a small addition to the roof and having a ‘top heavy’ appearance. It also provides that flat roofed or box dormers will generally be discouraged. Both issues are relevant to the proposal.
However, it is considered that the proposal would be typical of a rear elevation in the area and would not result in an unacceptably top heavy
Page 78 appearance having an unacceptable impact on the visual amenity of the locality that would warrant refusal of the application.
Most dormers in the immediate locality are at bungalows (both on rear and principal elevations). There is at least one rear dormer at a two storey property in the local vicinity, at 4 Deneway. Whilst it is acknowledged that this existing dormer is smaller than the dormer proposed in this application at 26 Hollinhill, it is considered that the proposal would not result in the appearance of overdevelopment and would not set an undesirable precedent on this street.
Examples of alterations and extension at the Sherburn Park Estate are not referenced in the officer report and the recommendation is not made on the basis of the appearance of dwellings at this other estate.
Committee members made a site visit on 28 September and were able to view rear elevations at Hollinhill from the rear gardens of the host property no. 26 and the neighbouring property no.24.
As referenced in the main report, there is a strong fall-back position that permitted development rights allow for dormers on dwellinghouses that would not necessarily be considered a small addition.
Therefore, Council officers consider that members of the Committee have sufficient information before them to base a decision.
SEE MAIN AGENDA FOR OFFICERS REPORT.
Page 79 This page is intentionally left blank Agenda Item 4vi
REPORT NO 6
Committee Report Application No: DC/17/00847/HHA Case Officer Owain Curtis Date Application Valid 5 July 2017 Applicant Mr William Hopper Site: 2 Church Rise Whickham Newcastle Upon Tyne NE16 4BU Ward: Dunston Hill And Whickham East Proposal: Erection of fence to front and side of property (retrospective) Recommendation: Grant Permission Application Type Householder Application
1.0 The Application:
1.1 DESCRIPTION OF THE SITE
1.2 The application site is a semi-detached bungalow on Church Rise, Whickham which is part of a modern estate of similar properties. The site is a corner plot on the junction of Church Rise and Coalway Drive and is highly visible in the street scene due to its location. The property sits on a large plot with a 6m wide side garden in addition to the private garden at the rear. The dominant boundary treatments to the front gardens in this area are dwarf red brick walls which allow good visibility between plots.
1.3 DESCRIPTION OF THE APPLICATION
1.4 This application seeks retrospective planning permission for the erection of a boundary fence to the front and side of the bungalow. Planning permission is required as the fence exceeds 1m in height and is adjacent to a highway therefore it cannot be constructed under permitted development rights. The fence line extends from the front garden and follows the curve of the road junction extending to the rear of the plot. In total it is 33m long and has a maximum height of 1.8m on Coalway Drive reducing to 1.7m on Church Rise owing to the change in land levels. The original dwarf wall has been retained and the close board fence has been erected above.
1.5 PLANNING HISTORY
1.6 Ref No: DC/14/01139/HHA Status: Grant. Proposal: One and a half storey rear extension including raising of roof ridge level (part of existing house) and widening of driveway onto highway. Decision Date: 17.12.2014
Page 81 2.0 Consultation Responses:
None
3.0 Representations:
3.1 Neighbour notifications were carried out in accordance with formal procedures introduced by the Town & Country Planning (Development Management Procedure) Order 2015.
3.2 7 representations have been received from surrounding residents raising the following concerns:
The fence is a highway safety risk for motorists and pedestrians as it restricts visibility The fence is not a pleasing sight and resembles a prison compound It is out-of-character with the area There is a uniform look about the properties It has spoilt the look of both roads It is an incongruous feature within the street scene The fence is overbearing The outlook from my property is now awful No discussion took place with the neighbours before the fence was erected Disagreement with the reasons given for the erection of the fence
4.0 Policies:
NPPF National Planning Policy Framework
NPPG National Planning Practice Guidance
CS13 Transport
CS14 Wellbeing and Health
CS15 Place Making
DC2 Residential Amenity
ENV3 The Built Environment - Character/Design
HAESPD – Householder Alterations and Extensions SPD
5.0 Assessment of the Proposal:
5.1 The key considerations to be taken into account when assessing this planning application are: the effect on the character and appearance of the street scene, whether there would be any unacceptable highway
Page 82 safety issues and the effect on the living conditions of neighbouring occupiers.
5.2 VISUAL AMENITY
5.3 Section 7 of the NPPF states that the Government attaches great importance to the design of the built environment and that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Local policies CS15 of the Core Strategy and ENV3 of the UDP reflect this.
5.4 The main concern raised by objectors is that the fence is out-of- character with the existing street. The fence is relatively tall in comparison to the existing boundary treatments present at neighbouring properties, particularly on Church Rise, where there is uniformity to the boundary treatments at the front of the properties. However, at 1.8m in height at its tallest, officers consider that the fence does not appear excessively high for a normal domestic setting.
5.5 The majority of the length of the fence is to the side of the property on Coalway Drive with only a short stretch of the overall fence on the return along the front boundary of the property. This reduces the overall impact of the fence in the street scene. When looking north from the top of Church Rise towards the application property, the visual impact of the fence is minimal and it does not appear as a conspicuous intrusion into the street scene. Further, Church Rise slopes downwards significantly with the application property occupying the lowest site therefore the fence is at the lowest land level which further reduces its visibility.
5.6 When seen from Coalway Drive, the fence extends along the side boundary of the property. As it sits on the edge of the pavement it is highly visible in views along the road from the east and west and also visible in views from immediately opposite. There are a number of examples of similar fencing, in terms of height and appearance, along side boundaries in the surrounding streets on Elm Avenue and Coalway Drive. In this regard officers consider the retention of the fence would not upset any sense of visual uniformity in the street scene or appear as visually obtrusive.
5.7 With regard to the finish of the fence, a key feature distinguishing the fence was that it had not been stained or painted in a dark colour. In its untreated state it was acknowledged that the fence appeared as a more prominent addition to the street than it would if it were stained or painted in a recessive colour. During the consideration of the application the applicant has since stained the fence in a dark colour. Officers consider the final stained finish reduces its overall prominence and help it integrate within its surroundings.
Page 83 5.8 Officers have concluded that the retention of the fence would not result in material harm to the character and appearance of the street scene. As such it does not conflict with policy CS15 of the Core Strategy, saved policy ENV3 of the Unitary Development Plan and the Household Alterations and Extensions SPD. Further, the development would accord with the NPPF insofar as it seeks to promote good design.
5.9 HIGHWAY SAFETY
5.10 Paragraph 32 of the NPPF states that applications should only be refused on transport grounds where the residual cumulative impacts of development are ‘severe’. Recent appeal decisions have recently clarified that the severity test over residual cumulative transport impacts, referred to in paragraph 32 does not apply to matters of highway safety.
5.11 The objections received state that the fence is a highway safety risk for motorists and pedestrians as it restricts the visibility at the road junction.
5.12 Officers consider the fence does not impede the visibility at the junction of Church Rise and Coalway Drive as the fence is outside of the visibility splay for drivers. Whilst the fence does not pose a highway safety risk at the junction, officers have identified that owing to its height, the fence does cause a highway safety risk for vehicles leaving 2 Church Rise’s driveway as drivers are unable to see pedestrians or vehicles on the road or footway prior to leaving the driveway. To overcome this, officers recommend the imposition of a condition requiring the fence to be modified to provide adequate visibility at the driveway (conditions 1 and 2).
5.13 Subject to the suggested conditions requiring amendments, officers consider the fence would not raise any highway safety issues for drivers and pedestrians and is therefore in conformity with the NPPF and policy CS13 of the Core Strategy.
5.14 RESIDENTIAL AMENITY
5.15 By virtue of the overall height of the fence and separation distance to the nearest surrounding properties the fence does not cause any unacceptable overshadowing, opportunities for overlooking nor result in oppressive living conditions for neighbours. It therefore conforms to policy CS14 of the Core Strategy and saved policy DC2 of the Unitary Development Plan as well as the NPPF which seek to secure a good standard of amenity for all existing and future occupants of land and buildings
Page 84
5.16 OTHER ISSUES
5.17 An objection states that no discussion took place between the applicants and neighbours before the fence was erected. Whether or not private conversations took place between neighbours is not a material planning consideration therefore this has not been taken into account when making an officer recommendation.
5.18 It is also stated that there is a disagreement between the applicant and neighbours regarding the reasons for the erection of the fence. The relevant planning considerations have been set out above and the applicant is not required to provide a personal justification for the erection of the fence therefore this information is not required.
5.19 COMMUNITY INFRASTRUCTURE LEVY
5.20 On 1st January 2017 Gateshead Council became a Community Infrastructure Levy (CIL) Charging Authority. This application has been assessed against the Council's CIL charging schedule and the development is not CIL chargeable development as it is not for retail or housing. Therefore, this proposal would not be charged.
6.0 CONCLUSION
6.1 Taking all the material planning considerations into account, including the representations received, it is recommended that planning permission be granted.
7.0 Recommendation:
That permission be GRANTED subject to the following condition(s) and that the Strategic Director of Communities and Environment be authorised to add, vary and amend the planning conditions as necessary:
1 Notwithstanding the submitted plan and existing development on site, within 30 days of this application decision, amended plans shall be submitted to the Local Planning Authority which provide for an adequate visibility splay for vehicles egressing from the driveway of 2 Church Rise.
Reason In the interests of highway safety in accordance with the National Planning Policy Framework and policy CS13 of the Core Strategy and Urban Core Plan.
2
Page 85 The existing development on site shall be altered in accordance with the details approved under condition 1 within 3 months of the submitted details being approved.
Reason In the interests of highway safety in accordance with the National Planning Policy Framework and policy CS13 of the Core Strategy and Urban Core Plan.
This map is based upon Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Gateshead Council. Licence Number LA07618X
Page 86 REPORT OF THE STRATEGIC DIRECTOR COMMUNITIES AND ENVIRONMENT
TO THE PLANNING AND DEVELOPMENT COMMITTEE ON 4 OCTOBER 2017:
PART TWO: THE FOLLOWING APPLICATIONS, DETERMINED SINCE THE LAST COMMITTEE MEETING IN ACCORDANCE WITH THE POWERS DELEGATED UNDER PART 3, SCHEDULE 2 (DELEGATIONS TO MANAGERS) OF THE COUNCIL CONSTITUTION, ARE LISTED FOR INFORMATION ONLY.
Application ref. Nature of proposed development Location of proposed development Decision Ward
DC/16/00983/HHA Two storey side extension The Cottage, Shibdon Bank, Granted; Blaydon
DC/16/01022/HHA Two storey side extension, single 16 Cowen Gardens, Allerdene, Granted; Lamesley
Page 87 Page storey rear extension, front porch, detached garage and creation of driveway and new access.
DC/16/01296/HHA Dormer window to front and rear. Cragside , 15 Moss Side, Granted; High Fell Rear flat roof extension and erection of balcony at front of the property.
DC/17/00158/FUL Erection of low energy detached Land NE Of Maiden Hill Farm, Granted; Crawcrook
house (additional information Woodside Lane, And Greenside Agenda Item 5 received 03/04/17 and 30/05/17 and amended 30/05/17 and 11/08/17).
DC/17/00205/HHA Side extension and erection of Garden House , Garden Terrace, Granted; Crawcrook garage And Greenside
DC/17/00469/HHA Erection of two storey side 34 Park Lane, Winlaton, Granted; Winlaton And extension (as amended 08.09.2017) High Spen
DC/17/00471/FUL Construction of 12 apartments for Land At Swanway, Off Pottersway, Granted; Deckham adults with learning difficulties and associated communal facilities located in two apartment buildings. (Amended 03.08.2017).
DC/17/00499/LBC LISTED BUILDING CONSENT: The High Level Bridge, Wellington Granted; Bridges Removal of the existing public Street, lighting on both the footway and road and the replacement of the lighting using a LED light source, attached to the existing brackets (additional information 16/08/17).
Page 88 Page DC/17/00524/FUL Reduction of rear garden level and Former Gateshead College Site, Granted; Saltwell associated boundary retaining wall Durham Road, to Plot 112 and construction of 10 x 5m external deck with timber steps down to reduced level
DC/17/00568/HHA Replacement porch to front of 8 Walmer Terrace, Eighton Banks, Granted; Lamesley property
DC/17/00569/HHA Single Storey Rear Extension Firdene , High Heworth Lane, Granted; Pelaw And Heworth
DC/17/00584/ADV Display of three internally Unit 3, Metro Riverside Park, Temporary Dunston And illuminated box signs on front and permission Teams side elevations granted;
DC/17/00765/HHA Two dormers, sun terrace with 1 Woodbine Place, Gateshead, Granted; Bridges balustrading and stepped access to front, first floor side extension, two windows in east elevation to first and one new window to second floor, two dormers and single storey extension to rear (Amended Plans received 10.08.2017)
DC/17/00575/HHA Erection of single storey rear 18 Keswick Street, Gateshead, Granted; Saltwell extension, insertion of dormer window to rear and 2 velux windows to front of property
Page 89 Page DC/17/00577/FUL Variation of Condition 1 of 33 - 37 Deckham Terrace, Granted; Deckham DC/15/00951/FUL to create a Gateshead, steeper pitched hipped roof and amended valley plus omission of a bedroom in the roof space of unit 33 to be replaced with storage and allow alterations to elevations (amended 11/08/17).
DC/17/00710/HHA Erection of fence to rear 8 Percy Gardens, Gateshead, Granted; Dunston Hill And Whickham East
DC/17/00622/HHA Creation of vehicular hardstanding 10 Trimdon Grove, Springwell Estate, Granted; High Fell area to front
DC/17/00624/FUL Single storey flat roofed rear Pelaw Inn , Shields Road, Granted; Pelaw And extension and removal/re- Heworth positioning of existing first floor external fire escape (amended 10.08.2017 and 16.08.2017).
DC/17/00632/FUL Proposed siting of storage container Felling Magpies FC, Wardley Park, Granted; Wardley And (amended 09/08/17). Leam Lane
DC/17/00650/FUL VARIATION OF CONDITION 1 to 121 Kingston Road, Deckham, Granted; Deckham approved plans of application DC/15/00964/FUL to create a single storey kitchen extension to the rear.
Page 90 Page DC/17/00649/FUL Installation of extraction flue on rear Lambs Arms Buildings, Crawcrook, Granted; Crawcrook elevation. And Greenside
DC/17/00657/COU Change of use from preparation and Unit 3, Lloyd Court, Granted; Dunston And delivery (Use Class B2) to storage Teams of motor vehicles associated with undertaking business (Use Class B8).
DC/17/00656/HHA Erection of two storey side 24 Greenford, Kibblesworth, Granted; Lamesley extension (as amended 16.08.2017)
DC/17/00663/HHA Two storey side and rear extension 40 Grayling Road, Festival Park, Granted; Lobley Hill And Bensham
DC/17/00672/FUL Erection of single storey rear 21 Hunstanton Court, Chowdene, Granted; Low Fell extension, first floor side extension and window modifications to front elevation
DC/17/00681/HHA Single storey rear extension, two 43 Hillcrest Drive, Dunston Hill, Granted; Dunston Hill storey side extension, rear garden And Whickham retaining wall, replacement of front East tile hanging with cladding, pitched roof over garage and porch
DC/17/00702/COU Change of use to mixed use for Contract House, Wellington Road, Granted; Dunston And Brewery (including tours and Teams tasting), retail shop, drinking
Page 91 Page establishment and events space, including live music and food sales (description amended 26.06.2017)
DC/17/00684/COU Change of use from art studio and Art Studio Of Glass, Abel House, Granted; Chopwell And gallery into Micro Pub, removal of Rowlands Gill two existing front doors and creation of one single door.
DC/17/00691/HHA Proposed two storey side extension 35 Consett Road, Lobley Hill, Granted; Lobley Hill And and single storey rear extension Bensham
DC/17/00721/FUL Proposed demolition of outbuilding Duke Of Cumberland Hotel, Granted; Felling at rear of premises Sunderland Road,
DC/17/00788/HHA Erection of single storey pitched roof 2 Hawthorn Gardens, Ryton, Granted; Ryton rear extension, hip-to-gable Crookhill And alteration to existing roof, installation Stella of rear dormer window, formation of pitched roof on existing two storey rear extension and installation of 3 rooflights (amended plans received 04.08.2017)
DC/17/00694/HHA Single storey rear/side extension 12 Laurel Way, Meadowfield Park, Granted; Crawcrook And Greenside
DC/17/00697/ADV Display of four externally illuminated Abel House , Station Road, Temporary Chopwell And
Page 92 Page and non illuminated signs on front permission Rowlands Gill and side elevations, all advertising granted; 'Railway Tavern'
DC/17/00701/HHA Two storey side extension 50 Briarsyde Close, Fellside Park, Granted; Whickham South And Sunniside
DC/17/00795/HHA Proposed single storey side and 86 Valley Dene, Chopwell, Granted; Chopwell And rear extension. Rowlands Gill
DC/17/00711/HHA Demolition of outbuildings and 74 Valley Dene, Chopwell, Granted; Chopwell And single storey side extension Rowlands Gill
DC/17/00712/HHA Two storey side extension 54 Cedarway, Felling, Granted; Windy Nook And Whitehills
DC/17/00737/TPO Work to fell trees in garden of 18 18 Cornmoor Road, Whickham, Granted; Dunston Hill Cornmoor Road. And Whickham East
DC/17/00718/HHA Proposed replacement garage, 55 Cornmoor Road, Whickham, Granted; Dunston Hill sunroom and canopy to rear And Whickham (amended plans received East 01.08.2017)
DC/17/00719/HHA Proposed deconstruction of 108 Kells Lane, Low Fell, Granted; Low Fell structurally unsound gable wall (currently masonry stonework) and construction of new masonry brickwork gable wall to replace.
Page 93 Page (Retrospective)
DC/17/00720/HHA Two storey side extension 40 Salkeld Gardens, Gateshead, Granted; Deckham
DC/17/00723/HHA Single storey side and rear 96 Gosforth Terrace, Pelaw, Granted; Pelaw And extension Heworth
DC/17/00726/HHA Single storey side and rear 20 Sunderland Road Villas, Heworth, Granted; Pelaw And extension Heworth
DC/17/00747/FUL Siting of storage container Clara Vale Village Hall, South View, Granted; Crawcrook And Greenside
DC/17/00727/HHA First floor side extension above Beechdale, Strathmore Road, Granted; Chopwell And garage and single storey rear Rowlands Gill extension
DC/17/00728/FUL Construction of one x one bedroom 15 Holyoake Gardens, Gateshead, Refused; Deckham house (revised application)
DC/17/00730/HHA Flat roof to a pitched at front of 20 Bywell Close, Crawcrook, Granted; Crawcrook property And Greenside
DC/17/00732/HHA Two storey and single storey rear 37 Hardwick Court, Sunderland Granted; Bridges extension Road,
DC/17/00743/COU Change of use from hairdressers 64 Derwent Street, Chopwell, Granted; Chopwell And (use class A1) to coffee shop (use Rowlands Gill class A3) (amended 25/07/17).
Page 94 Page DC/17/00733/HHA Fence to front of property 86 Barkwood Road, Rowlands Gill, Granted; Chopwell And Rowlands Gill
DC/17/00739/HHA Modular metal mesh and paved 49 Pensher Street East, Nest Estate, Granted; Felling access ramp to allow disabled access to and from rear door to public footpath to the front of house
DC/17/00741/FUL Erection of 1 new substation Follingsby Business Park , Follingsby Granted; Wardley And measuring 3m x 3m located to the Avenue, Leam Lane west of Follingsby Way and 1 new substation measuring 3m x 3m to the south of White Rose Way.
DC/17/00745/HHA Single storey rear extension 2 Crossfield Park, Felling, Granted; Windy Nook And Whitehills
DC/17/00746/FUL Erection of a single storey nursery Crookhill Community Primary School Granted; Ryton building. , Hexham Old Road, Crookhill And Stella
DC/17/00749/ADV Display of two illuminated fascia Three Tuns Hotel , Sheriffs Highway, Temporary Low Fell signs, two illuminated gable boards, permission one transom panel, a lantern, with granted; nine floodlights, also refurbishment of existing name board, all on front and side elevations
DC/17/00750/HHA Dormer window to front and rear 20 Cromwell Terrace, Bill Quay, Granted; Pelaw And Heworth
Page 95 Page DC/17/00752/COU Change of use from retail (A1 Use 232-240 , High Street, Granted; Bridges Class) to a creative development hub (Sui Generis Use) providing studio space, workshop and exhibition space and installation of double door on front elevation
DC/17/00758/COU Change of use from two bedroomed 3A Elvaston Road, Ryton Central, Granted; Ryton ground floor flat (Use Class C3) to Crookhill And office use (Use Class B1(a)) Stella
DC/17/00759/HHA Single storey side extension to 7 The Crescent, Whickham, Granted; Dunston Hill dwelling And Whickham East
DC/17/00760/COU Change of use from Retail/Shop 614 - 620 Durham Road, Gateshead, Refused; Low Fell (A1) to Non-Residential Institutional (D1)use and replacement shopfront
DC/17/00762/TPO Works to fell tree in garden of 8 8 Whickham Lodge Rise, Whickham, Granted; Dunston Hill Whickham Lodge Rise. And Whickham East
DC/17/00763/TPO Works to tree in garden of 55 55 Grange Estate, Kibblesworth, Granted; Lamesley Grange Estate.
DC/17/00764/HHA Modular metal mesh access ramp 30 Millbrook, High Heworth, Granted; Windy Nook and new low access front door to And Whitehills
Page 96 Page allow disabled access to and from front of property
DC/17/00767/TPO Works to tree in garden of 6 Ivy 6 Ivy Lane, Gateshead, Granted; Chowdene Lane.
DC/17/00934/HHA Erection of two storey side 16 Follingsby Drive, Felling, Granted; Wardley And extension Leam Lane
DC/17/00770/HHA 3 velux windows to the rear and 2 to 8 Grange Road, Ryton, Granted; Ryton the front Crookhill And Stella
DC/17/00775/FUL Refurbishment of shopfront to Mcdonalds Restaurant, Units 51 _52 Granted; Whickham include new automated sliding 72-74 Cameron Walk, North doors, the redecoration of the window frames and the installation of 1 no. LCD promotional screen sited behind the shopfront glazing
DC/17/00777/TPO Works to tree in garden of 13 Fern 13 Fern Gardens, Gateshead, Granted; Low Fell Gardens.
DC/17/00779/CPL CERTIFICATE OF LAWFULNESS 7 Laburnum Gardens, Low Fell, Granted; Low Fell FOR PROPOSED USE OR DEVELOPMENT: Loft conversion with dormer and soil and vent pipe
Page 97 Page to the rear (east) and rooflights to the front (west) elevation, as shown on plan 'Proposed Loft Conversion with a Rear Dormer' dated March 2017 and received 06.07.2017 (description amended 13.09.2017).
DC/17/00781/HHA Replacement of window to doorway 52 Moorfoot Gardens, Lobley Hill, Granted; Lobley Hill And at rear, excavation of existing Bensham grassed area and new paved pathway, installation of a modular metal mesh access ramp to allow disabled access to and from property.
DC/17/00791/COU Change of use from A1 retail use to 60 Front Street, Winlaton, Granted; C3 residential
DC/17/00789/HHA The installation of a modular metal 14 Ilfracombe Gardens, Chowdene, Granted; Chowdene mesh access ramp to allow disabled access to and from front door.
DC/17/00861/HHA Two storey side extension and 15 Langdale Crescent, Winlaton, Granted; Winlaton And porch to the rear High Spen
DC/17/00797/FUL Demolition of existing garage 18 Cromwell Terrace, Bill Quay, Granted; Pelaw And followed by replacement with double Heworth garage and garden room (as amended 11.09.2017)
DC/17/00893/HHA Single storey rear extension 10 Norwood Gardens, Gateshead, Granted; Deckham
Page 98 Page DC/17/00801/LBC LISTED BUILDING CONSENT: War Memorial Blaydon Cemetery, Granted; Blaydon Cleaning of dirt and staining from Shibdon Road, memorial, re-pointing of surrounding dwarf wall, replacement of missing lead lettering to three locations and re-enamel all lead inscriptions.
DC/17/00803/FUL REMOVAL OF CONDITION 4 of Thornfield And My Para, Bank Top, Granted; Crawcrook permission DC/13/00628/FUL to And Greenside restore permitted development rights to Thornfield and My Para
DC/17/00802/HHA The supply and installation of a Cranwell , Shibdon Bank, Granted; Blaydon modular metal mesh access ramp to allow disabled access to and from front door.
DC/17/00807/HHA To remove and re-erect an equally 14 Beaufront Close, Leam Lane Granted; Wardley And proportioned porch on the front of Estate, Leam Lane the house. To extend the existing driveway.
DC/17/00809/HHA The installation of a modular metal 3 Elgin Place, Barley Mow, Granted; Birtley mesh access ramp to allow disabled access to and from front door.
DC/17/00811/FUL Extension to front office 10 Sunniside Road, Sunniside, Granted; Whickham South And Sunniside
DC/17/00813/HHA The supply and installation of a 65 Lanchester Avenue, Springwell Granted; High Fell
Page 99 Page modular metal mesh access ramp to Estate, allow disabled access to and from front door.
DC/17/00828/COU Change of use of existing first floor Edberts House Community Centre, Granted; Pelaw And flat (use class C3) and 19 St Edmunds Drive, Heworth amalgamation into existing community centre (Use class D2). Changes to rear elevation include, alterations to windows, blocking-up of one door aperture and installation of new doors with handrail to the other existing door
DC/17/00820/HHA Extend garage forwards and timber 22 Station Road, Low Fell, Granted; Low Fell balcony to the rear
DC/17/00821/HHA The supply and installation of a new 39 Broadway, Carr Hill, Granted; Deckham low access front door and access ramp to allow disabled access to and from front door.
DC/17/00822/ADV Display of non-illuminated fascia Kingsway , Kingsway North, Temporary Lobley Hill And sign on west elevation permission Bensham granted;
Page 100 Page DC/17/00824/RGD Change of use from office (use Sun House, Park Road, Not Permitted Bridges P class B1a) to 18-22 x two bed Development apartments (use class C3)
DC/17/00831/HHA Replace existing first floor Rose Villa , Gateshead Road, Granted; Whickham conservatory with brick / tile South And structure Sunniside
DC/17/00835/HHA Single storey rear extension to 33 Calder Walk, Sunniside, Granted; Whickham ground floor flat South And Sunniside
DC/17/00838/FUL The supply and installation of a 3 Durham Place, Deckham, Granted; Deckham modular metal mesh access ramp from the front door to the raised pathway, including the widening of the existing pathway.
DC/17/00848/FUL REMOVAL OF CONDITION 1 St Johns Ambulance, 141 Lobley Hill Granted; Lobley Hill And (opening hours) from permission Road, Bensham DC/17/00356/COU for the change of use from vehicle repair and car show room to operative hub for St John Ambulance, including 87m2 workshop extension.
DC/17/00857/FUL Replacement of existing timber or 116, 116A And 116B Coatsworth Granted; Saltwell PVC shopfronts with traditional style Road, Bensham, timber shopfronts with awnings, lead flashings and internal security
Page 101 Page shutters. general repair and improvements to building facade, including replacement of rain water goods with cast iron type, addition of wrought iron railings to flat roof
DC/17/00858/HHA The supply and installation of a 43 Southway, Carr Hill, Granted; Deckham modular metal mesh access ramp to bridge from front door to public footpath.
DC/17/00883/HHA Two storey side and single storey 29 Thornhill Close, Gateshead, Granted; Dunston And front extension Teams
DC/17/00867/COU Change of use from office to 59 Claremont North Avenue, Granted; Bridges residential property (retrospective) Bensham,
DC/17/00877/ADV Display of two internally illuminated Advertising Hoarding ADSHEL LTD Temporary Deckham light boxes within bus shelter 0501 0047 CORNER , Opposite 117 permission Durham Road, Gateshead, granted;
DC/17/00886/HHA 2 storey extension to rear and 6 Bewick Road, Bensham, Granted; Bridges internal alterations
DC/17/00898/FUL Erection of rear extension within Stone Trough, Durham Road, Granted; Chowdene existing yard to house cold store
DC/17/00923/DEM Demolition of Automation House Automation House , Queensway, Granted; Lobley Hill And and all other associated minor Bensham structures within its curtilage Page 102 Page
Agenda Item 6
REPORT TO PLANNING AND DEVELOPMENT COMMITTEE 4 October 2017
TITLE OF REPORT: Enforcement Action
REPORT OF: Paul Dowling, Strategic Director, Communities and Environment
Purpose of the Report
1. To advise the Committee of the progress of enforcement action previously authorised by the Committee.
Background
2. The properties, which are the subject of enforcement action and their current status, are set out in Appendix 2.
Recommendations
3. It is recommended that the Committee note the report.
Contact: John Bradley extension 3905
Page 103
APPENDIX 1
1. FINANCIAL IMPLICATIONS
Nil.
2. RISK MANAGEMENT IMPLICATIONS
Nil.
3. HUMAN RESOURCES IMPLICATIONS
Nil.
4. EQUALITY AND DIVERSITY IMPLICATIONS
Nil
5. CRIME AND DISORDER IMPLICATIONS
Nil.
6. SUSTAINABILITY IMPLICATIONS
Nil.
7. HUMAN RIGHTS IMPLICATIONS
The Human Rights Act states a person is entitled to the peaceful enjoyment of his possessions. However this does not impair the right of the state to enforce such laws, as it deems necessary to control the use of property and land in accordance with the general interest.
8. WARD IMPLICATIONS
Birtley, Bridges, Blaydon, Pelaw & Heworth, Chowdene, Crawcrook & Greenside, Ryton, Crookhill and Stella, Chopwell and Rowlands Gill, Wardley & Leam Lane, Winlaton and High Spen, Whickham North, Whickham South and Sunniside, Lobley Hill and Bensham. Lamesley, Dunston Hill and Whickham East and Low Fell.
9. BACKGROUND INFORMATION
Nil.
Page 104
APPENDIX 2 Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action 1. Land adjacent Winlaton Change of use from 25 March 25 March N N 29 April 29 June Complaints have been Ricklees Farm, Spen and High agricultural to mixed 2013 2013 2013 2013 received over a Lane, High Spen, Spen use for keeping of considerable period Gateshead horses, breaking, regarding the dismantling of inappropriate use of vehicles, storage and an area of green belt burning of waste and adjacent to B6315 the storage of During investigation it caravans and vehicle was established that bodies. the land was being used for a range of inappropriate uses. Despite attempts to negotiate with the land owner to reach a satisfactory conclusion no sustained Page 105 Page improvement was secured. Therefore an enforcement notice has been issued requiring the removal of the inappropriate material from the site together with the cessation of the unauthorised use. No appeal has been received and the notice has taken effect. A visit to obtain quotes is being arranged in order to look at the costs of carrying out work in default 2. Land adjacent Winlaton Erection of a breeze 25 March 25 March N N 29 April 29 June Complaints have been Ricklees Farm, Spen and High block building 2013 2013 2013 2013 received over a Lane, High Spen, Spen considerable period Gateshead regarding the inappropriate use of an area of green belt adjacent to B6315 During the course of investigations it was established that a building had been erected without
4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action consent.
The building is considered to be unacceptable and therefore the council have issued an enforcement notice requiring the removal of the unauthorised building. No appeal has been received and the notice has taken effect.
Page 106 Page The new owner of the site has been contacted and works are well underway to tidy the site with the demolition of the breeze block structure taking place in the near future
3. Land at Litchfield Winlaton Unsightly Land 25 25 N N 31 October 31 Complaints have been Lane, Winlaton and High September September 2013 December received regarding the Gateshead Spen 2013 2013 2013 condition of the land which has planning permission for a residential development that has not yet commenced. Despite attempts to resolve the matter amicably a notice has now been issued requiring a scheme of remedial works within a specified timescale. The majority of the steps required by notice were complied with following the issue of Summons’.
A planning application Unsightly Land 21st 21st N N 21st October 16th is expected to be September September 2015 December submitted soon. 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action 2015 2015 2015 However, a further Section 215 notice has been served requiring a hoarding to be erected around the site.
Planning permission has now been granted for the site and discussions regarding the compliance with the notice are ongoing.
3 January 4 January 8 February 8 April A further notice has 2017 2017 2017 2017, 8 now been issued May 2017 requiring the site to be
Page 107 Page and 8 tidied and a hoarding June 2017 erected.
Work to erect the hoarding is now complete. 4. 40 Whitemere Wardley and Unauthorised Change 4th April 4th April N N 10th May 10th July The notice has been Gardens Leam Lane of Use of residential 2014 2014 2014 2014 served as the land in Wardley land question is being used as a mixed use of dwelling house and vehicle repair and servicing, storage of vehicles and vehicle repair parts and equipment and vehicle recovery.
A file has been prepared and the matter is being progressed with PACE interviews with those suspected of breaching the Notice
5. 21 Saltwell View Saltwell Unauthorised 16 July 2014 16 July 2014 N 20 August 13 The unauthorised alteration to property 2014 Septembe installation of UPVC r 2016 windows without consent, -fronting the highway in an area subject to a Direction under Article 4 of the 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action Town and Country Planning (General Permitted Development) Order 1995. Contrary to contrary to Policy ENV7 of the Unitary Development Plan.
Enforcement Notice has been served which requires the replacement of the windows with white painted timber sliding sash windows
Page 108 Page identical to the windows which were in place when the Article 4 Direction was applied
Decision issued, notice upheld as varied. Notice to be complied with by the 13th September 2016
A planning application has been approved to retain an amended version of the windows.
6. Land at Woodhouse Swalwell Without planning 11 January 12 January N N 15 February 14 March Notices were issued in Lane, Swalwell permission the change 2016 2016 2016 and 4 July September 2015 in (Known as South of use of the land from 2016 respect of an West Farm Site agriculture to a mixed unauthorised scrap One) use for agriculture, being stored. Due to storage of vehicles, the scale of the breach agricultural equipment of planning control an and scrap metal and additional Notice was vehicle dismantling required in relation to and repair the potential Environmental Impact 12 January of the Development. (Known as South Swalwell Without planning 11 January 2016 N N 15 February 14 March West Farm Site permission the change 2016 2016 and 4 July As such the original Two) of use of the land from 2016 Notices (which were 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action agriculture and all being appealed) reception, composting were withdrawn and and transfer of green further Notices have waste to a mixed use now been issued for agriculture and the including those in storage of vehicles, respect of the agricultural equipment requirement to carry and parts, repair and out an Environmental restoration of vehicles Impact Assessment and machinery and and provide an the reception, Environmental composting and Statement with an transfer of green subsequent appeals. waste. 12 January 2016 The Notices requires (Known as South Swalwell Without planning 11 January N N 15 February 14 March firstly, the cessation of West Farm Site permission the change 2016 2016 and 4 July the unauthorised use Three) of use of the land from 2016 and secondly, the
Page 109 Page agriculture to a mixed removal from the land use for agriculture and of the scrap. the storage of vehicles, agricultural The site is to be equipment and scrap visited following the metal and vehicle expiration of the dismantling and repair compliance period the visit is to be carried out imminently in conjunction with the Environment Agency.
The associated legal action at Newcastle Crown Court has been adjourned. 7. Site of former Stella Ryton, Failure to comply with 18 January 18 January Y N 18 January 14 March Complaints have been South Power Crookhill a condition attached to 2016 2016 2016 2016 received that a Station, Stella and Stella the planning (stage 1) condition attached to Riverside permission in relation the planning to play areas 9 May application for the site 2016 has not been complied (stage 2) with in respect of the provision of play equipment. Despite protracted negotiation the work to comply with the condition had not commenced on site. As such a notice was served requiring compliance within a specified timescale. 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action
Work on site is complete on 3 of the 4 play areas and approaching completion on the one remaining area. 8. Tynedale House, Crawcrook Unsightly Building 13th January 14th Y N 20th March 15th May Complaints have been Main Street, and 2017 February 2017 2017 received regarding the Crawcrook Greenside 2017 appearance of the front elevation of the property which is a former butchers shop.
Whilst the site is noted to be under renovation Page 110 Page the works have not substantially progress and the matter has become protracted.
Therefore the Notice has been issued to ensure the façade is brought up to an acceptable standard within a specified period.
Work is well underway on site. 9. Site of Station Pelaw and Breach of Planning 16th March 16th March Y N 16th March 10th April Complaints have been House, Green Lane, Heworth Condition 2017 2017 2017 2017 received regarding the Gateshead use of the site which has planning permission to change to a scaffolding yard. The permission was granted subjected to a number of conditions many of which related to highway safety and which required discharge prior to the new use being commenced.
The use has commenced without the conditions being discharged. Adjacent 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action to the site a new supermarket is under construction as a result Officers have significant concerns regarding highway safety. Therefore a Temporary Stop Notice was issued Breach of Planning 19th April 20th April Y N 20th April 18th May requiring the use to Conditions 2017 2017 2017 2017 stop until the conditions are discharged.
A Breach of Condition Notice was issued and the required information has been
Page 111 Page submitted.
Whilst the information is being considered complaints have been received regarding activity on site and the owners have been warned that further, formal, action is being considered. 10. Lidl, Hexham Road, Whickham Breach of Condition 4th May 5th May Y N 5th May 2nd June The development of Swalwell, NE16 3AF North 2017 2015 2017 2017 the Lidl Supermarket was subject to planning permission including a range of planning conditions. One of these conditions restricts the hours that deliveries and servicing can be carried out. Complaints have been received that this has been breached including multiple breaches on Easter Sunday. As such a notice has been issued requiring compliance with the 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action delivery and servicing condition (no. 15)h
11. Land to the rear of Chowdene Unsightly Land 19 May 19 May N N 23 June 4 August The land which is not 17 Flexbury 2017 2017 2017 2017 attached to any Gardens, property has been Gateshead, NE9 overgrown for a long 7TH period and is unsightly.
Officers have made enquiries as to the owner of the site and
Page 112 Page have now issued a Notice requiring it to be tidied within a specific timescale.
The specified time period has elapsed and while some work has been carried out it is not satisfactory. The owner now has until 17 August to complete the work otherwise further action will be taken.
A prosecution file has been prepared. 12. Land adjacent to Birtley Unauthorised 27 July 28 July Y Y 4 27 The land has been Wilson’s Auctions, Change of Use 2017 2017 September Novembe covered with a hard Shadon Way, 2017 r 2017 standing and is Birtley, DH3 2SA being used for the storage of cars connected to the adjacent car auction use.
The planning application to retain the development ref. DC/17/00156/COU was refused by Planning and Development Committee on 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action
An Enforcement Notice has been issued to resolve the issues identified which resulted in the refusal of the application
An appeal against the Enforcement Notice has now been received 13. 8 Thirlmere, Birtley, Birtley Unauthorised Change 27 July 2017 28 July 2017 Y N 4 September 2 October The property is been DH3 2JY of Use 2017 2017 used as a mixed use involving residential, dog grooming and dog boarding.
Page 113 Page The planning application to retain the development ref. DC/17/00428/FUL was refused by Planning and Development Committee on
An Enforcement Notice has been issued to resolve the issues identified which resulted in the refusal of the application 14. Site of Former Rowlands Unsightly Land 31 August 1 N N 4 October 29 The land is derelict Collinson Brothers Gill and 2017 September 2017 Novembe and complaints have Garage, Derwent Chopwell 2017 r 2017 been received Street, Chopwell regarding its condition on what is a prominent site.
A notice has been issued to require improvements, particularly relating to the boundary treatment.
However, the site owners appear to have gone into liquidation which 4DNASA-145698
Item Site Ward Alleged Breach of Date Date Served Plan Appeal Date Notice End of Current Status Com Number Planning Control Approval App Rec’d comes into Complianc plian given for Rec’d Y/N Force e Period ce Enforcement Y/N Y/N Action may cause problems is securing compliance with the notice
Page 114 Page
4DNASA-145698 Agenda Item 7
REPORT TO PLANNING AND DEVELOPMENT COMMITTEE 4 October 2017 TITLE OF REPORT: Planning Appeals
REPORT OF: Paul Dowling, Strategic Director, Communities and Environment
Purpose of the Report
1. To advise the Committee of new appeals received and to report the decisions of the Secretary of State received during the report period.
New Appeals
2. There has been one new appeal lodged since the last committee:
DC/17/00047/HHA – 25 Neville Crescent, Birtley Single storey side extension. As amended 06.03.17. This was a delegated decision refused on 28 April 2017.
Appeal Decisions
3. There have been no new appeal decisions received since the last Committee.
Appeal Costs
4. There have been no appeal cost decisions.
Outstanding Appeals
5. Details of outstanding appeals can be found in Appendix 2.
Recommendation
6. It is recommended that the Committee note the report
Contact: Emma Lucas Ext: 3747
Page 115
APPENDIX 1
FINANCIAL IMPLICATIONS
Nil
RISK MANAGEMENT IMPLICATIONS
Nil
HUMAN RESOURCES IMPLICATIONS
Nil
EQUALITY AND DIVERSITY IMPLICATIONS
Nil
CRIME AND DISORDER IMPLICATIONS
Nil
SUSTAINABILITY IMPLICATIONS
Nil
HUMAN RIGHTS IMPLICATIONS
The subject matter of the report touches upon two human rights issues:
The right of an individual to a fair trial; and The right to peaceful enjoyment of property
As far as the first issue is concerned the planning appeal regime is outside of the Council’s control being administered by the First Secretary of State. The Committee will have addressed the second issue as part of the development control process.
WARD IMPLICATIONS
Various wards have decisions affecting them in Appendix 2
BACKGROUND INFORMATION
Start letters and decision letters from the Planning Inspectorate
Page 116 APPENDIX 2
OUTSTANDING APPEALS
Planning Application Appeal Site Subject Appeal Appeal No (Ward) Type Status DC/14/01160/FUL Land At Erection of a car Written Appeal In Wellington Road supermarket consisting Progress Cross Lane of a concourse building Gateshead with an adjoining workshop and associated vehicle storage, vehicle display and car parking areas (additional info received 07/01/15 and 30/05/16 and amended plans received 15/01/15, 30/05/16 and 01/08/16). DC/16/01162/FUL 30A Broom Lane Erection of three Written Appeal In Whickham bedroom house with Progress NE16 4QP associated off street parking.
Page 117 This page is intentionally left blank Agenda Item 8
REPORT TO PLANNING AND DEVELOPMENT COMMITTEE
4 October 2017 TITLE OF REPORT: Planning Obligations
REPORT OF: Paul Dowling, Strategic Director, Communities and Environment
Purpose of the Report
1. To advise the Committee of the completion of Planning Obligations which have previously been authorised.
Background
2. To comply with the report of the District Auditor “Probity in Planning” it was agreed that a progress report should be put before the Committee to enable the provision of planning obligations to be monitored more closely.
3. Since the last Committee meeting there have been no new planning obligations.
4. Since the last Committee there have been no new payments received in respect of planning obligations.
5. Details of all the planning obligations with outstanding covenants on behalf of developers and those currently being monitored, can be found at Appendix 2 on the Planning Obligations report on the online papers for Planning and Development Committee for 4 October 2017.
Recommendations 6. It is recommended that the Committee note the report.
Contact: Emma Lucas Ext: 3747
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APPENDIX 1
1. FINANCIAL IMPLICATIONS
Some Section 106 Agreements require a financial payment when a certain trigger is reached and there is a duty on the Council to utilise the financial payments for the purposes stated and within the timescale stated in the agreement.
2. RISK MANAGEMENT IMPLICATIONS
Nil
3. HUMAN RESOURCES IMPLICATIONS
Nil
4. EQUALITY AND DIVERSITY IMPLICATIONS
Nil
5. CRIME AND DISORDER IMPLICATIONS
Nil
6. SUSTAINABILITY IMPLICATIONS
Nil
7. HUMAN RIGHTS IMPLICATIONS
Nil
8. WARD IMPLICATIONS
Monitoring: Various wards
9. BACKGROUND INFORMATION
The completed Planning Obligations
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