Borough Council of Wellingborough Planning Committee Wednesday 12th August 2009 at 7.00 pm Council Chamber, Swanspool House

INDEX

Page No. SITE VIEWING GROUP

WP/2009/0176/F - Wellingborough School, Irthlingborough Road, Wellingborough. 1 WP/2009/0181/F - 6 Grafton Close, Wellingborough. 7 WP/2009/0205/F - Land adjacent 5 Mill Road, Bozeat. 14 WP/2009/0213/F - Cinnamon Restaurant, 9 Wollaston Road, Irchester. 22 WP/2009/0194/F - Plot 1, land between 35 and 45, Edinburgh Road, Wellingborough. 30 WP/2009/0226/F - Plot 6, land between 35 and 45, Edinburgh Road, Wellingborough. 35

DISTRICT

WP/2009/0218/F - 111A Earls Barton Road, Great Doddington. 40 WP/2009/0251/F - Land between 12 and 18 Bull Close, Bozeat, Wellingborough. 43

FOR INFORMATION

WP/2009/0179/C - Park Junior School, Great Park Street, Wellingborough. 52 WP/2009/0202/C - Rowangate Primary School, Finedon Road, Wellingborough. 54

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 10.45 a.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0176/F

PROPOSAL: Construction of new vehicular access off London Road, including alterations to the existing highway, alterations to layout and resurfacing of existing car park and provision of replacement tennis courts (3 no.).

LOCATION: Wellingborough School, Irthlingborough Road, Wellingborough. NN8 2BX

APPLICANT: Mr Mike Skidmore, Wellingborough School.

Committee consideration required because approval will be subject to the completion of a S106 Agreement. It is also considered that a site visit is necessary in order to assess the impact of the loss of trees, the highway implications and the current problems faced by the school.

PROPOSAL AND DESCRIPTION OF SITE: Wellingborough School is described as a long-established and nationally recognised co-educational school catering for approximately 900 pupils in the 3-18 age range. The school is to the south-east of the town centre and is understood to have occupied the present location since 1881. The school complex itself measures about 22.5 hectares with the school buildings concentrated in the north-western corner of the site and sports pitches and playing fields occupying the south and eastern parts. The school complex is bounded to the north by Irthlingborough Road and to the west by London Road.

There are currently 2 existing vehicular access points onto Irthlingborough Road, both of which are connected by an internal one way road system. The western access is dedicated to ingress (entry) only, whilst the eastern access is for egress (exit). Both these access points are also used by pedestrians. To the south of the main building complex is an existing parking area which is surfaced with gravel. This parking area would be upgraded and its layout formalised as part of the current proposal.

There are mainly institutional uses within the vicinity of the site. These comprise the Isebrook Hospital complex; Fire and Ambulance Stations and a cemetery. There are also residential properties to the north. On the opposite side of London Road, there are vehicular access points to Wren School and to Denington Industrial Estate. The western boundary of the school on London Road is occupied by hedgerows and mature Y

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lime trees. In-between the trees is a 6.5m wide pedestrian and cycle path known as The Walks.

The proposal under consideration seeks consent for a new vehicular access from London Road onto the school; for alterations to an existing parking area; and for the relocation of 3 hard surfaced tennis courts. The proposed access would be located midway along the London Road frontage, between the access to Wren School and Denington Road. The access is designed as a left in/left out arrangement, with a central splitter island in London Road, to prevent unauthorised right turning onto London Road for vehicles leaving the school.

Associated works include amongst others, the dedication of an entry filter lane; the relocation of the existing bus stop; the realignment and revised road markings and signage. The proposed access would result in the loss of 3 mature lime trees adjacent on London Road, together with about 46m section of the hedgerow. The new access would be used for all traffic related to staff, 6th form pupils, visitors and parents dropping off or picking up pupils, some as young as 3 years. Upon completion of the proposed access, the existing access points on Irthlingborough Road would be closed to all traffic other than delivery vehicles, emergency vehicles and for pupils to access their properties.

The remodelled parking area would be formally marked out with 101 parking spaces including 4 disabled bays. In addition, a reserved drop off point with a one-way circulation system would be created at the eastern end of the car park adjacent to the entrance to the Pre-Prep School. The formation of the new access would result in the removal of 3 hard surfaced tennis courts, with a compensatory provision within the existing playing field in an area suffering from poor drainage conditions.

RELEVANT PLANNING HISTORY: Wellingborough School has a lengthy history of consent for various extensions and alterations. A similar application (WP/2006/0318/F) for new access and related development was withdrawn at the end of last year.

NATIONAL AND LOCAL PLANNING POLICY: Planning Policy Statement 1 – Delivering Sustainable Development Planning Policy Guidance Note 13 – Transport Planning Policy Guidance Note 17 – Planning for Open Space, Sport and Recreation) Regional Spatial Policy 8 – East Midlands Regional Plan North Northamptonshire Core Spatial Strategy Policy 6 – Infrastructure Delivery and Developer Contributions Policy 13 – General Sustainable Development Principles Wellingborough Local Plan – Under the Local Plan, the playing fields and associated open space within the school boundaries are designated as Important Amenity Area (IAA). Policy L5 – Important Amenity Area

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. NCC Highways – the works to form the new vehicular access as indicated shall be carried out in accordance with the specification of the County Council and by way of an appropriate agreement. In mitigation of the effects of the development

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on the highway network, it is appropriate for a contribution to be made by the applicant in respect of improvements to public transport facilities in the vicinity of the site, including the installation of real time information compatible bus shelter and a financial contribution sufficient to fund a contractor to provide the information display unit.

2. NCC Arboricultural Officer – the trees numbered T5, 6 and 7: I would dispute that they are displaying signs of dieback, although it is acknowledged that all of those in the avenue are in need of crown cleaning and reduction to restore their amenity value and wellbeing. These works have been noted for programming at the earliest opportunity by myself and the Tree Officer of the Borough Council of Wellingborough.

The Planning Statement states in Item 515 that Robert Yates advises that the row nearest the road are in "poorer condition and of lower vigour", due to their proximity to the road. RY's report does not actually state this, and in his table, the vigour of all the trees are classified as normal.

I am not convinced that the removal of T4, 5 and 6 will be sufficient to allow the required visibility splay for traffic emerging from the proposed new access. I also have concerns that the BS 5837 (2005) Recommendations for Trees in Relation to Construction, will not be sufficient to provide adequate protection zones to ensure that other trees in the avenue will not be severely compromised. The outcome is likely to be that considerably more than the proposed 3 no trees will eventually be lost.

With regard to the proposed removal of a section of the hedgerow, no reference appears to have been made to the Hedgerows Regulations 1997 (SI N. 1160). Also, whilst conceding that the hedgerow is somewhat thin in places (this is a characteristic of many otherwise fine hedgerows), I would also dispute that it is "suppressed by the shading from the lime trees".

3. BCW Landscape Officer - the loss of any more street trees within the town should be avoided if possible. The street trees which shade the very attractive avenue leading away from the town centre down London Road are of particularly high amenity value because of the contribution they all make to this important feature.

The proposal is to remove three trees on the road side which is bad enough, but it may be difficult to adequately protect adjacent trees. The proposed access would be an unwelcome interruption to relative tranquillity of the walkway which is also enclosed by a low hedge.

The tree report notes that there is some die back on the tree which are under threat, but they are not in a condition which would suggest that they should be removed on the grounds of loss of amenity or safety.

It is suggested that the new tree planting along the edge of the new access would represent a benefit, framing a new view into the school grounds. New tree planting is to be welcomed, but it would be preferable to retain the existing - 4 -

feature in tact. It does appear that the positions of some of the trees within the car park is unrealistic because there is not enough space for planting and root development.

4. BCW Environmental Services - the tree avenue growing along London Road (known as The Walks) is a historically important avenue of Lime trees, dating back to 1838. All effort should be made to retain it as so; the proposed development requires a minimum of two trees to be removed from the Lime Avenue. Further trees are likely to be lost when enforcing the visibility splay. This will have a detrimental effect on the aesthetics of the whole avenue and cause a break in what is an excellent wildlife corridor; The Walk is a busy pedestrian route linking the town centre to the popular Embankment and its nearby villages. The trees provide valuable shade and protection for the many users of the walk in its current state. Notwithstanding that under the current proposal, pedestrian usage is likely to be lost if there is a highway dissecting The Walks; road changes by Atkins/NCC for widening the junction at London Road/Broadway were altered to allow for the avenue to remain as it is. The original proposal involved the removal of two trees from the avenue but was altered after comments were received over the loss of any trees from the avenue; and Wildlife habitats would be lost as a direct consequence to the proposed scheme.

6. BCW Design and Conservation Officer – the design of the railings, gate and the surfacing treatment of the roads and circulation space should be reserved by condition.

7. Sport England – Sport England have considered this application in the light of playing fields policy and under normal circumstances, will oppose a development that results in the loss of or partial loss of playing field. However, the proposal includes the provision of 3 tennis courts to replace those that would be lost. Furthermore the area of the playing field affected suffers from high water table thus making its use difficult. In the circumstances, no objection is raised to the proposal.

8. Northamptonshire Police – no objection subject to the imposition of condition in respect of boundary treatments in the interests of security and safety.

ASSESSMENT: There are 4 issues for consideration in this proposal. These are the safety implications of the proposed access; the impact of the loss of trees on the London Road street scene; the desirability of the partial loss of the playing field and the impact on the Important Amenity Area (IAA).

Highway Safety The application is accompanied by a comprehensive transport impact assessment that considers the highway implications and the benefits of the proposed development. There can be no doubt that the existing situation where all vehicles and pedestrians use the existing access points on Irthlingborough Road cause significant congestion problems. Furthermore, at drop off and pick up times, there are adverse traffic conditions on London Road, especially on the approach to the town centre. It is hoped - 5 - that the proposed access would alleviate these problems by restricting the existing access points to delivery and emergency vehicles only, whilst all traffic associated with staff, pupils and students would be confined to London Road. Whereas approaching traffic from London Road would need to wait for a break in traffic before turning right onto Irthlingborough thereby causing congestion, this situation would no longer be the case if the new access is approved. As the new access would be a left in and left out, this obviates the need for approaching school traffic to be dependent on breaks in traffic from the town centre.

Loss of trees The proposed new access would involve the loss of mature lime trees that contribute to the pleasantness of this part of London Road. When taken into consideration with the additional losses as a result of approved nearby developments, the proposal would have an adverse impact on the appearance of the street scene and therefore in conflict with Policy 13 of the Core Spatial Strategy.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 replaces section 54(A) of the Town and Country Planning Act 1990 and states that if regard is to be had to the development plan for the purpose of any determination under the Planning Act, the determination must be made in accordance with the plan, unless material considerations indicate otherwise.

Although contrary to CSS policy, there are several material considerations which outweigh adopted policy in this instance. Aside from the anticipated improvements in the traffic situation in and around London Road/Irthlingborough Road, it should be borne in mind that the existing school was not intended or designed to accommodate the growth and expansion. In the recent report by the Independent Schools Inspectorate, the traffic issue was highlighted as an urgent matter that requires urgent solution. The Inspector recommended that the systems for controlling and managing the traffic passing through the school should be improved. Other ways of achieving this objective have been explored with the County Highways and the provision of new access as proposed is considered to be the most appropriate way of resolving the conflict without resorting to demolition of existing buildings, which is both unsustainable and costly. In view of the foregoing, it is considered that the need for a new access and the associated benefits constitute material considerations which sufficiently outweigh the need to preserve the trees.

Partial loss of playing field The proposal would result in the loss of 3 tennis courts with a compensatory provision within the existing playing filed. It is understood that this part of the playing filed already experiences drainage problems, so much so that the Sport England acknowledges this and consequently raised no objections to the proposal.

Impact on the IAA Local Plan Policy L5 seeks to safeguard IAAs but acknowledges that their loss or partial loss are acceptable in some instances. The policy states that the loss may be acceptable if provision is made elsewhere for suitable alternative facilities offering an equivalent or improved community benefit, with the site location, the quality of playing surface and ancillary facilities being important factors in consideration. As mentioned above, the affected part of the playing field is poorly drained and given the wider - 6 -

benefits of the proposed access, the proposed development is not in conflict with this policy.

Conclusion The loss of mature trees is regrettable, but having regard to the provisions under section 38(6) of the 2004 Act, there are material considerations that outweigh the planning policy that seeks to safeguard or enhance the character and appearance of the area. The application is supported by the County Council Highways Officer and Sport England have raised no objection. In the circumstances, the proposal is recommended for approval subject to the completion of s106 Agreement and the following conditions being imposed.

RECOMMENDATION: Grant permission subject to the completion of a S106 Agreement and the following conditions:

1. The development shall be begun not later than the expiration of 3 years beginning with the date of this permission. 2. Details of those parts of the site not covered by buildings including any parking, roads, footpath, hard and soft landscaping along the edge of the new access (including tree specimens), surface and boundary treatments (in particular the design of the railings and gate) shall be submitted to and approved in writing by the local planning authority before the commencement of the development. The development shall be carried out in accordance with the approved details. 3. The works to the new vehicular access as indicated on Peter Brett Associates drawing numbered 16397/08 Rev E shall be carried out in accordance with the specification of the County Council and by way of an appropriate agreement.

Reasons: 1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. To ensure that the site is satisfactorily landscaped in the interests of the visual amenity, safety and security of the area. 3. In the interest of highway safety.

INFORMATIVE/S 1. Pursuant to Section 38(6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: L5 of the adopted Wellingborough Local Plan; 6 and 13 of the adopted North Northamptonshire Core Spatial Strategy. 2. The applicant is advised that this decision relates to the following drawing numbers received on the date shown: Drawing Numbers: Date Received: S05, S06, SK18, SK19 and 16397/08E from Peter Brett Associates 26/05/2009

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 10.15 a.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0181/F

PROPOSAL: Change of use of existing unit to A5 hot food takeaway.

LOCATION: 6 Grafton Close, Wellingborough. NN8 5WA

APPLICANT: Mr Alper Ozdogan.

This application comes before the Planning Committee for determination because of the level of objection letters received and is to be site viewed because of a request by a Council Member.

PROPOSAL AND DESCRIPTION OF SITE: The unit is located within a small commercial development that serves the local established residential population. The proposed change of use is as above and also involves the erection of an extractor system to the rear elevation.

RELEVANT PLANNING HISTORY: None.

NATIONAL AND LOCAL PLANNING POLICY: National Guidance: PPS 1 and 3. Borough Council of Wellingborough Local Plan: S6 North Northants Core Spatial Strategy: 13

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Planning Policy Department (WBC) -

“In a small parade of shops such as where the subject site is located, Class A1 shops such as newsagents, hairdressers, butchers, etc are essential for the day to day convenience shopping needs of the surrounding local residents. Saved Policy S6 of the Wellingborough Local Plan emphasises this by restricting the change of use from a convenience Class A1 shop to an alternate retail use in an area with very little shopping provision.

According to the documentation supplied with the application, the shop has been vacant for 3 months, however this has not been justified by a sufficient evidence base such as marketing material demonstrating a tenant has not been able to be 3

1 CE 10 5 A 1 L P N WP/2009/0181/F 487600 © Crown Copyright. AllO rights reserved. 487800 RT

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located, or that the shop can’t be still used for a preferred A1 Class use. Even so, it is considered that 3 months vacancy is not a sufficient amount of time to justify that there is no longer a need for an A1. There is also no justified need that warrants a takeaway to be located in this particular location.

Taking the above into account, it is considered that the subject site would be more beneficial to this parade of shops as a Class A1 use and that the application lacks a sufficient evidence base and therefore is contrary to saved Policy S6 of the Wellingborough Local Plan.

On this basis, Planning Policy would recommend that the application be refused.”

2. Environmental Protection Manager (WBC) -

“I am concerned that the proposal for hot food has the potential to cause loss of amenity from odours in the area. While the premises propose an extraction and filtration system the roof height of the shop is lower than the surrounding housing. In this case there is the potential for odours to be a problem or for a higher flue which may be impractical or unsightly to be necessary.

The use of the premises later into the evening may also have an effect upon amenity and require restrictions on hours to be included.

I would object to this application unless the applicant can provide satisfactory information on how the above issues will be addressed.”

3. Northamptonshire Police - “no formal objection”.

4. Environmental Health Department (WBC) -

“In respect of the above planning application for change of use to A5 I have made some comments below:

1) mechanical ventilation should be installed to the corridor/lobby area outside the WC, and also to the WC compartment.

2) a self-closing device should be fitted to the door between the rear corridor/lobby and the main food preparation area, and also to the WC door.

3) a separate wash hand basin must be installed, with hot and cold (or suitably mixed) running water and plumbed in to mains drainage, in the front servery area, in addition to the hand wash basin already identified on the plan.

Assuming these requests are complied, I have no objections to this application.”

5. Highways (NCC) –

“To ensure that highway safety is maintained, this authority recommends to the planning authority that the highway standards and planning conditions set out in - 9 -

the NCC document ‘Highway Authority Standing Advice’ be applied to this planning application.“

6. 11 letters of objection from third parties were received; the principle objects are bulleted below:

• Congestion/traffic concerns. • Increase in litter to the detrimental of the appearance of the area and attract vermin. • Increased propensity for anti-social behaviour. • The units are inadequate for change of use. • Property devalue • Loss of amenity from fumes/smells and noise from patrons of the take-away • Similar take-away units exist within 1 mile.

In addition the owner of the subway premises objected on the grounds that it will affect his business.

7. Agent - in response to objection letters:

“I note that several of the objection letters logged on the website make reference to a hot food takeaway already being present on the Grafton Close Parade. This is not the case; the Subway unit (no. 8), is Class A1 use order, sandwich bar.

Number 6 has been actively marketed for over 4 months now and a new tenant has not been found for the existing class use. A potential new tenant has been identified should an A5 class use be granted. This will obviously have employment benefits for the local area.

With reference to concerns raised over smells a takeaway would produce, details of a specifically designed ventilation and extraction system have now been provided. This system is more than adequate to ensure smells will not emanate from a takeaway.”

On the matter of parking, the shop units within the parade all have use of the car park to the front of the scheme. And indeed the highway directly outside of the subject premises allows for additional parking - there are no yellow lines in place to prevent this.

Note: An objection letter received stated that “none of the residents of Grafton Close want the application to go ahead”. Whilst this may be the case and 11 letters of objection have been received it cannot be asserted that all of the residents are opposed to the application.

ASSESSMENT: It is considered that the main issues with regard this change of use is the impact on the living conditions of occupiers of nearby residential properties and the loss of the existing use.

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Principle of the Change of Use The principle of the change of use will be judged against Policy S6 of the Borough Council of Wellingborough Local Plan which appears towards the end of this report. Policy S6 desires to retain small-scale town shopping facilities in use as they maintain vitality and provide an important service for the local population. The policy does allow for financial uses and hot food outlets but it is considered that shops should normally predominate in addition Policy S6 indicates that local centres are to be designed and located to minimise disturbance to the surrounding area.

The units in the hub are considered to remain largely retail in terms of floor space, due mostly to the Tesco’s unit, but have been punctuated by non-retail use such as the presence of a subway outlet which is contentiously considered under an A1 use, thereby undermining the retail potential of the centre. It is considered that whilst Tesco’s may provide the local residents with their primary requirements there are a plethora of other uses that fall under A1, which is demonstrated with the presence of the Hairdressers. In addition the unit also enjoys A2, which can also serve a need to locals without the amenity issues of an A5 (take-away) use.

Although the agent has opined that the unit has been marketed for a period of 4 months without interest in its current use and whilst this may not be disputed there have been no proofs accompanying the application to demonstrate this. In any event, although 4 months is a reasonable amount of time to gauge commercial interest in the A1/A2 use the timescale remains deficit to justify the change of use. It is therefore considered that despite the unit possibly being vacant for a period of 4 months it does retain its potential use as an important retail unit and until it is demonstrated effectively that the unit is not considered a viable prospect for retail any deficit application should be refused contrary to Policy S6 of the Local Plan.

Impact on Neighbour’s Amenities There are a number of amenity issues towards neighbours that are attached to this application and shall be discussed in turn; firstly noise disturbance.

Noise Disturbance It is noticed that there is no attempt by the agent with this change of use application to suggest opening times, indeed the submitter finds this detail non-applicable, whereas the converse would be considered with the opening times being very applicable to the prospect of a successful application. A condition could be included that limited late opening but given the residential character of the area it is not convincing that a closing time of 2200 (for example) would overcome the likely disturbance to residents from either customers visiting the premises or people congregating around the hot food take- away.

It is accepted that the subway may remain open beyond normal working hours but because subways did not require permission there exists no planning controls, in any event subways and the type of food it serves is less likely to attract customers wanting an evening meal and therefore its opening hours would reflect this. A hot food take- away however is more likely to attract night time activity and therefore offers the potential for increased levels of noise during parts of the day in residential areas that are traditionally less noisy. In addition the proximity to the community centre would create an accumulative affect in noise production. It is purported that such facilities - 11 -

would be better located in a town centre location or in a community service centre that is further from residential properties. Please note that there is no assertion made or intended to suggest that the change of use may result in anti-social behaviour.

Fumes/Smells Secondly with regard the amenities of neighbours and more specifically the odours associated with food production. Whilst details and plans have been submitted as part of the application with reference to a proposed extraction system the Environmental Protection department find that the position and location of the extractor is unacceptable. In light of this it is possible that nearby residents could be affected by cooking odours. Although it may be conditioned that the extraction unit be positioned elsewhere this would have concerns with regard the character and appearance of the area, therefore it is not considered advisable to approve the application with such a condition.

Highway Implications The highways representation received indicate use of ‘Standing Advice’ unfortunately this advice makes no reference to change of use applications therefore the comments received from NCC are rather unhelpful.

Nevertheless SPG V: Parking does indicate that uses such as the proposed should be providing off-street parking provision, there are none provided, indeed again the agent/applicant feel that this is “non-applicable” to determination of the application. This provision is considered of particular importance at locations that are not within town centres. It is true and conceded that there is parking provision a short walk from the unit that fronts the Tesco’s unit; however it does appear to be the case that this parking area is often at capacity therefore resulting in parking of vehicles on Grafton Close. Any change of use therefore that does not compliment the existing retail use would attract additional traffic, coupled with no off-street parking provision it is considered that the change of use would impact to the detriment of the local highway network in an area that serves both residential and commercial vehicles.

Other Considerations It has been suggested that the change of use may attract anti-social behaviour; it is not considered that a take-away would increase the propensity of youths or others to behave unacceptably; this stance is substantiated by the police not objecting. It is not expected that the take-away would create such a degree of litter that it is not controllable, indeed it is the nature of such establishments that on the whole the litter is taken away.

Non-material Planning Considerations The devaluation of property whether real or otherwise is not considered to be a material planning consideration and therefore not considered as part of this application.

Response to Representations The comments have been considered in the above assessment, with some concurrence. The Environmental Health department although they have some concerns consider that the premise can be adapted to a take-away use with some internal alterations.

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With regard the comments returned from the agent; the subway unit is indeed A1; whilst the unit may have been marketed for 4 months (3 months at time of submission) no proofs have been provided; the ventilation system proposed is found to be lacking and the parking concerns are discussed above.

Conclusion Given the proximity of residential properties it is concluded that the living conditions of occupiers of nearby residential properties would be harmed by the proposal in conflict with Policy 13 of the Core Spatial Strategy. In addition, due to the unsubstantiated 4 months vacancy period not being considered a sufficient period of time to prove the viability of the unit for retail use, the loss of the use would be harmful to the vitality of the area and thereby contrary to saved Policy S6 of the Borough Council of Wellingborough Local Plan. The agent’s arguments have done little to demonstrate the acceptability of the change of use, it is therefore recommended for the reasons given above that the application should fail.

RECOMMENDATION: Refuse.

1. Due to the unit being within close proximity to residential properties the proposed change of use would be detrimental to the amenities of neighbours as a result of excessive traffic, noise, fumes and smell. Contrary to Policy 13 (General Sustainable Development Principles) (L and N) and inconsistent with advice contained in PPS3. 2. The change of use would represent an unacceptable loss of a A1/A2 unit; it is not considered that the agent/applicant has effectively demonstrated that the unit has been marketed for A1/A2 use without interest to justify the change of use. Contrary to Policy S6 (Local Shops) in the Borough of Wellingborough Local Plan.

Policy 13

Development should meet the needs of residents and businesses without compromising the ability of future generations to enjoy the same quality of life that the present generation aspires to. Development should:

Protect assets l) Not result in an unacceptable impact on the amenities of neighbouring properties or the wider area, by reason of noise, vibration, smell, light or other pollution, loss of light or overlooking;

n) No have an adverse impact on the highway network and will not prejudice highway safety;

POLICY S6

CHANGES OF USE FROM RETAILING OR FROM A SHOP TO ANOTHER FORM OF RETAILING IN A LOCAL CENTRE WITH VERY LITTLE SHOPPING PROVISION WILL NOT BE PERMITTED. - 13 -

EXCEPTIONS MAY BE MADE TO REDEVELOP A LOCAL CENTRE FOR OTHER USES IF SECURE ARRANGEMENTS ARE ENTERED INTO FOR SATISFACTORY REPLACEMENT PROVISION NEARBY.

INFORMATIVE/S: The applicant is advised that this decision relates to the following drawing numbers received on the date shown: Drawing Number: Date Received: AO/We/P1/1 24 June 2009

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 1.10 p.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0205/F

PROPOSAL: 2 no. semi-detached 3 bedroomed 2 1/2 storey dwellings (amendment to planning permission ref: WP/2007/0784/F - involving changes to the site boundaries).

LOCATION: Land adjacent 5 Mill Road, Bozeat, Wellingborough. NN29 7JY

APPLICANT: Mr Mick Gillespie, Carn Homes.

Bozeat Parish Council has requested a site visit.

PROPOSAL AND DESCRIPTION OF SITE: The application site is a rectangular plot sandwiched between nos. 1 and 5 Mill Road in Bozeat. It was a previously a part of the front garden of 5 Mill Road. In February last year, the Committee considered and granted permission for a proposal for a pair of semi-detached dwellings on this site (WP/2007/0784/F). The proposal under consideration seeks consent to amend this approved scheme, by changing the configuration of the site. This involves a reduction in the extent of the site – the rear gardens of the dwellings have been reduced in size. The design and layout of the development are essentially the same as the extant scheme.

RELEVANT PLANNING HISTORY: WP/2007/0784/F Permission granted for a pair of semi detached dwellings. WP/2007/0549/F Permission refused for a similar development on grounds of unsatisfactory design, scale of the development and its visual impact. WP/2007/0170/F Detached house – conditionally approved.

NATIONAL, REGIONAL AND LOCAL PLANNING POLICY: Regional Spatial Strategy 8 Borough of Wellingborough Local Plan: G4 North Northants Core Spatial Strategy: Policies 1, 9, 13 & 14 Supplementary Planning Guidance: Building Better Places, Parking and Planning Out Crime Planning Policy Statement 1; Delivering Sustainable Development. Planning Policy Statement 3; Housing 5

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Planning Policy Statement 7; Sustainable Development in Rural Areas Planning Policy Guidance 13; Transport Northamptonshire County Highway Authority Guidance Notes - ‘Minor Planning Applications that have an Effect upon the Highway’.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. County Highways – no adverse comments. Have referred to the published guidance which should be applied to the proposal.

2. Bozeat Parish Council -

“As you are aware, there is a history of applications for this plot. We did not support the previous application and expressed our concerns. We do not see any reason to withdraw those concerns. Our comments were:

Application WP/0784/F – Erection of a pair of semi-detached houses, land adjacent to 5 Mill Road, Bozeat.

Whilst we welcome many changes from the previous proposal, we feel that this design does not address reasons 1 and 3 given for the rejection of the previous proposal (WP/2007/0549/F), namely that the design and height of the building would have a detrimental effect on the visual amenity of the street scene in contradiction of Local Plan policies G1.1 and H12.2. The size and position on the plot of the proposal would also have a detrimental visual impact on the occupiers of 7 Mill Road.

The ridge height necessary for a 2½ storey development will inevitably result in these issues. This does not seem necessary because the footprint of the current proposal would allow for three bedroom homes to be achieved in a 2 storey development.

Although it is improved, there is still concern about access to the highway particularly from the parking space nearest to 7 Mill Road.

The position on the plot results in a loss of privacy for the occupiers of 7 Mill Road because the front windows of the proposed development would overlook the rear windows and part of the rear garden of 7 Mill Road. This is in contravention of Local Plan policies G1.2 and H12.4.

When comparing the new plans (P4) against the previous plans (P3) we noted that the size of the property has not changed, but the separation between the proposed development and the neighbouring properties has been reduced. Presumably this is due to inaccuracies in the previous plans. We also note that the rear garden is now drawn showing a much reduced rear garden reflecting the lane at the rear of the property.

On the previous plans the separation from no. 5 Mill road was given as 2132mm. We are concerned that the new separation distance is not specified, but suspect that this is now the 1000mm minimum. We are also concerned that the apparently reduced distance to the boundary with no. 7 and that it is now less - 16 -

than 1000mm. If this is the case, has the owner of no. 7 been notified and consent been given?

The street scene shown on the new plans is unchanged from the previous plans and so misrepresents the relationship between the new development and no. 5 Mill Road. It shows a 3m separation between the properties but this has now been reduced to something like 2m. Presumably there is a similar, but less important reduction in the separation between the new development and no. 7 Mill Road.

The estate on which the site is located is a former council estate with properties of a uniform character and height. The proposed development does not conform in any way with the surrounding properties and would be completely alien in the street scene. In particular, the 2½ storey design has a roof line that is significantly higher than the surrounding properties. The fact that this is now even closer to no. 5 will only serve to exacerbate this disparity.

In the light of these factors we feel strongly that this is an overdevelopment of the site and that it would be alien in the street scene. We object to this application and request a site visit so that the committee can appreciate the issues.”

3. The occupiers of nos. 7 and 8 Mill Road and no. 1 Roberts Road have raised objections to the proposal on grounds of loss of light, overlooking and loss of privacy, possible loss of trees, liabilities in case of damage from the felled trees, effect on water pressure/water flow, access issues, parking problems and road safety hazard.

ASSESSMENT: The principle of a residential development is already established following the grant of consent for a pair of semi-detached dwellings in 2008. The site represents a previously developed site as defined in PPS 3 and, in the circumstances, the provision of additional residential accommodation is consistent with provisions in the guidance and compliant with the relevant policies of the development plans. The site is also within the village policy boundary and the issues raised have already been considered when the previous application was presented to Committee last year. A copy of the report is attached. The sole issue for consideration is whether or not the reduction in amenity space provision is satisfactory. The residual rear garden although smaller than the approved scheme, is acceptable and the reduction is not considered a sufficient reason to withhold consent.

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P R E V I O U S R E P O R T

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

Planning Committee 20/02/2008

Report of the Deputy Chief Executive

APPLICATION REF: WP/2007/0784/F

PROPOSAL: Erection of a pair of semi-detached houses - revised application following the refusal of WP/2007/0549/F.

LOCATION: Land adjacent to 5 Mill Road, Bozeat, Wellingborough.

APPLICANT: Carn Homes Limited.

Bozeat Parish Council has raised objections to the proposal.

PROPOSAL AND DESCRIPTION OF SITE: The application site has the appearance of being part of the front garden of 5 Mill Road. It is planted with mature shrubs and trees and is relatively flat. The development in this part of Mill Road mainly comprises of semi-detached dwellings but there are some terraces that comprise of three dwellings. It is noticeable that all of the dwellings have the same simple design which includes similar roof plans and exterior facing materials. Also apparent in the street scene are the pleasing landscaped front gardens.

Consent is sought to erect a pair of semi-detached dwellings on the site. The proposed building is presented as a 2-storey dwelling with accommodation in the roof area, which would be illuminated by velux windows at the front roof slope and dormer windows at the rear. The front cartilage of the site would be landscaped and would accommodate 2 car parking spaces each for the houses.

RELEVANT PLANNING HISTORY: WP/2007/0549/F Permission refused for a similar development on grounds of unsatisfactory design, scale of the development and its visual impact.

WP/2007/0170/F Detached house – conditionally approved.

NATIONAL, REGIONAL AND LOCAL PLANNING POLICY: Regional Spatial Strategy 8 Northamptonshire County Structure Plan: GS5 Borough of Wellingborough Local Plan: G1, G4, H3 and H12 - 18 -

Supplementary Planning Guidance: Building Better Places, Parking and Planning Out Crime Planning Policy Statement 1; Delivering Sustainable Development. Planning Policy Statement 3; Housing Planning Policy Statement 7; Sustainable Development in Rural Areas Planning Policy Guidance 13; Transport Planning Policy Statement 23; Planning and Pollution Control Northamptonshire County Highway Authority Guidance Notes - ‘Minor Planning Applications that have an Effect upon the Highway’.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. County Highways – no adverse comments. Have referred to the published guidance which should be applied to the proposal.

2. Bozeat Parish Council - whilst we welcome many of the changes from the previous proposal, we feel that this design does not address reasons 1 and 3 given for the rejection of the previous proposal (WP/2007/0549/F), namely that the design and height of the building would have a detrimental effect on the visual amenity of the street scene in contradiction of Local Plan policies G1.1 and H12.2. The size and position on the plot of the proposal would also have a detrimental visual impact on the occupiers of 7 Mill Road.

The ridge height necessary for a 2½ storey development will inevitably result in these issues. This does not seem necessary because the footprint of the current proposal would allow for three bedroom homes to be achieved in a 2 storey development. Although it is improved, there is still concern about access to the highway particularly from the parking space nearest to 7 Mill Road. The position on the plot results in a loss of privacy for the occupiers of 7 Mill Road because the front windows of the proposed development would overlook the rear windows and part of the rear garden of 7 Mill Road. This is in contravention of Local Plan policies G1.2 and H12.4.

3. The occupiers of nos. 7 and 8 Mill Road and no. 1 Roberts Road have raised objections to the proposal on grounds of loss of light, overlooking and loss of privacy, possible loss of trees, liabilities in case of damage from the felled trees, effect on water pressure/water flow, access issues, parking problems and road safety hazard.

ASSESSMENT: Principle The principle of a residential development is already established following the grant of consent for a detached dwelling last year (2007/170). The site represents a previously developed site as defined in PPS 3, and in the circumstances, the provision of additional residential accommodation is consistent with provisions in the guidance and compliant with the relevant policies of the development plans.

Design and Layout Although the proposal is similar to the recently refused scheme (2007/549), it is nevertheless an improvement in that the ridge height is lower by about 400cm and the Juliet balconies on the rear elevation have been deleted. It should also be noted that - 19 -

the siting of the building is an improvement on the extant scheme which projects forward of the established building line of the neighbouring no. 5 Mill Road. The current scheme now follows the building line of no. 5.

Notwithstanding the differences in siting, the footprint and site coverage of the proposed development is similar to the extant scheme. Although the massing differs, this is not considered to be a sufficient reason for withholding consent. A refusal on this ground alone would be likely to be successfully challenged on appeal.

There are notable differences in design terms between the proposed building and the neighbouring properties. Although uniform in appearance, the design of the neighbouring buildings is not particularly high in standard and the proposed development, though represents a visual variation, would nevertheless enhance the visual appearance of the street scene.

Impact on Amenity The proposed development follows the building line of the adjacent no. 5 Mill Road. Although it projects further at the rear than the neighbouring no. 5, the difference is marginal and is unlikely to result in a significant diminution of light to the existing property. The proposed dwelling is at a significant distance from no. 7 Mill Road for it to have any detrimental impact on the amenities of the occupiers in terms of loss of light. However, given the orientation of the buildings, the proposed development could overshadow the garden of no. 7 for a period of time during the day. It should be borne in mind that the extant scheme with similar site coverage but a reduced mass would be likely to have a similar effect. In the circumstances, it would be unreasonable to refuse consent on this ground alone. To prevent overlooking and undesirable loss of privacy, a condition is recommended to preclude the formation of windows or other openings on the side elevations of the proposed dwellings. In addition it would be desirable to remove permitted development rights to prevent unsatisfactory developments.

Parking The proposal makes provision for a total of 4 car parking spaces – 2 within the curtilage of each dwelling. This is satisfactory and in compliance with the standards in the Supplementary Planning Guidance for Parking. In the absence of any adverse comments from the County Highway Authority, the proposal is satisfactory in this respect.

RECOMMENDATION: Grant planning permission subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before the development commences and the development shall be built in accordance with the approved samples. 3. The proposed trees and shrubs shown on the approved drawings shall be planted during the planting season immediately following the completion of the building operations or within any such longer period as may be agreed in writing - 20 -

with the local planning authority. The planted trees shall be maintained continuously for a period of 5 years, during which time if they are dead, dying or defective, they shall be replaced. 4. No windows or other opening shall be formed on the flank elevation of the proposed building facing nos. 5 and 7 Mill Road without the prior written consent of the local planning authority. 5. Details of the boundary treatments shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. The works shall be carried out in accordance with the approved details. 6. The car parking spaces shown on the approved drawings shall be provided before the occupation of the dwellings and shall thereafter be kept free from obstruction and shall be retained for parking purposes incidental to the enjoyment of the proposed 2 dwellings. 7. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re-enacting this Order), no buildings, extensions or alterations permitted by Classes A, B, C, D and E of Part 1 of Schedule 2 of the Order shall be carried out within the curtilage of the approved 2 dwellinghouses without the prior written consent of the local planning authority.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004. 2. To secure a satisfactory appearance for the development in the interest of visual amenity. 3. To enhance the visual amenity of the area. 4. To protect the amenities of the neighbouring residential occupiers. 5. To ensure a satisfactory treatment of the site in the interests of visual and neighbours' amenities. 6. To ensure adequate off-street parking provision and in order to prevent additional parking in the surrounding streets, which could be detriment to the amenity and prejudicial to safety. 7. To allow the local planning authority the opportunity to control future development on the site, having regard to nature of the site and in the interest of safeguarding the amenities of neighbouring occupiers.

INFORMATIVE/S 1. Pursuant to Section 38 (6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: Regional Spatial Strategy 8; Northamptonshire County Structure Plan: GS5; Borough of Wellingborough Local Plan: G1, G4, H3 and H12; Supplementary Planning Guidance: Building Better Places, Parking and Planning Out Crime; Planning Policy Statement 1; Delivering Sustainable Development; Planning Policy Statement 3; Housing; Planning Policy Statement 7; Sustainable Development in Rural Areas; - 21 -

Planning Policy Guidance 13; Transport; and Northamptonshire County Highway Authority Guidance Notes - 'Minor Planning Applications that have an Effect upon the Highway'. 2. The applicant is advised that this decision relates to the following drawing numbers received on the date shown: Drawing Numbers: Date Received: 07/191/01 P3 07/01/2008

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 12.10 p.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0213/F

PROPOSAL: Restaurant extension. Relocation of extract system.

LOCATION: Cinnamon Restaurant, 9 Wollaston Road, Irchester, Wellingborough. NN29 7DA

APPLICANT: Cinnamon Restaurant.

This application is brought before the Planning Committee for determination due to the level of third party objection. In addition, the Parish Council has objected to the application and has also requested a visit from the Site Viewing Group.

PROPOSAL AND DESCRIPTION OF SITE: The existing take-away is now classed as an A5 use under the General Permitted Development (Amendment) Order 2005. The proposal envisages a restaurant in addition to the retained take-away. The restaurant part of the business would be the larger part of the operation which would have the consequence of changing the use of the business to an A3 restaurant under the 2005 Order because the smaller take-away would be ancillary to the new main restaurant use.

The built form of the proposal seeks to construct a flat roofed extension with a floor area of 38m2 that would link the main building to the preparation area at the rear. The extension is proposed to be on part of the site which is currently used as a rear amenity area. The plans illustrate that the new restaurant area of would provide 32 covers. The existing preparation area is envisaged to become a kitchen and would also contain toilet accommodation. The application proposes to relocate the extractor system from the flank elevation of the main building onto the flat roof of the converted kitchen building at the back of the site.

The application site is an end of terrace property that is located close to the centre of the village. Plans were received on 17 July 2009 that illustrate that the residential part of the property comprises of a lounge on the ground floor and four bedrooms and a bathroom on the first floor.

At the side of the application site is a wide private road that runs in a southerly direction towards Orchard Place. At the rear is a narrower alleyway which is also capable of accommodating vehicular traffic. Nearby on the southern side of Wollaston Road the 2 F 9 e s u D 7 C 2 Ho 1 H N 1 A e 9 t WP/2009/0213/FP 5 i A

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OA 8 2 10 20 - 23 - development is mainly terraced dwellings; to the rear are detached and semi-detached dwellings that front onto Orchard Place. On the opposite side of Wollaston Road there are a variety of uses which include: residential, fish and chip take-away, Post Office and car sales.

RELEVANT PLANNING HISTORY: WR/1969/0218 Use of house as bakery – conditionally approved. WR/1973/0230 Bakery and garage – conditionally approved. BW/1983/0653 Variation of a condition in order to use the existing bakery for the production of bread, confectionary, sausage rolls, pastries etc – approved. BW/1990/0763 Extension to storeroom behind bakers shop – conditionally approved. WP/2004/0752 Change of use from A1 to A3 – conditionally approved.

It is clear form the information contained in the 2004 application that the permission was for a change of use of the bakery and retail part of the premises to an A3 use and did not include the residential part of the property.

NATIONAL GUIDANCE AND DEVELOPMENT PLAN POLICY: Regional Spatial Strategy 8 North Northamptonshire Core Spatial Strategy: 1 (Strengthening the network of settlements) 8 (Delivering economic prosperity) 9 (Distribution and location of development) 11 (Distribution of jobs) 13 (General sustainable development principles) 14 (Energy efficiency and sustainable construction) Planning Policy Statement 1; Delivering Sustainable Development Planning Policy Statement 7; Sustainable Development in Rural Areas Planning Policy Statement 9; Biodiversity and Geological Conservation Planning Policy Statement 23; Planning and Pollution Control Planning Policy Guidance 4; Industrial, Commercial Development and Small Firms Planning Policy Guidance 13; Transport Planning Policy Guidance 24; Planning and Noise Supplementary Planning Document: Northamptonshire Minerals and Waste Development Framework – Development and Implementation Principles Supplementary Planning Guidance: Planning Out Crime and Parking.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Northants County Council Highway Authority – originally responded with a standard pro forma response which refers to its published highway standards. When notified of the concerns of a local resident regarding the highway issues the Highway Authority made the following comments:

• Identifies that the application site has no parking accommodation and recognises that this fact will be considered when the proposal is determined • The consequence of inadequate off-street parking provision is increased on-street parking with its attendant risks for road users • Is unable to comment on the adjoining access way being used for access and parking purposes because it is private land.

- 24 -

2. Irchester Parish Council – objects to the application for the following reasons:

• Parking in the area is restricted • It is a residential area and the opening hours should be reasonable and not involve opening late at night • The kitchen is located at the back within the residential area • Noise could be an issue with diners leaving the restaurant.

3. Borough Council of Wellingborough Environmental Protection Service –

“I have concerns over this proposal and the effects it could have on nearby residential amenity. Complaints have been received in the past concerning odours from the extraction system. The system outlet is currently on the side of the building discharging at above eaves height. The proposal is to resite the extractor in the single storey extension at the end of the garden. This will not be as effective at disposing odours unless the chimney were to be extended to a similar or higher position than the existing, which is unlikely to be practical and may be visually intrusive. The increase in potential visitors to the site and absence of parking could also cause disturbance to residents in the area. I would object to this proposal unless the applicant can provide satisfactory information on how these issues can be resolved.”

4. Northamptonshire Police – comments that on a general level take-aways can cause more issues than restaurants with regards to anti-social behaviour because of the differing patterns of alcohol consumption, queuing in the street and type of location. The Police identify that inappropriate parking may be an issue on a private road that may not be enforceable. The force is unable to comment on crime prevention measures because this issue was not mentioned in the submitted Design and Access statement.

5. Neighbours and third parties – objections have been received from the occupiers of 10, 14, 18 Farndish Road; 14 Grange Close; 11, 12, 12a, rear of 12a, 14, 29 Wollaston Road; 2 and 4 Orchard Place. The objectors cite the following reasons for opposing the application:

• Reference to planning history and former use of the property as a bakery which emitted pleasant aromas. • May be enough land for the extension on the site but there will be increased demand for car parking, including on the private road where residents already ask drivers to move their cars. The existing business causes parking issues and the restaurant has only one car parking space. Patrons of a restaurant will park for longer periods of time in the lay-by parking spaces than they do for a take-away. A bus stop adds to the congestion. Roads at side and rear are private. • Belief that the submitted Design and Access Statement is incorrect because it says that most diners will be pedestrians from within the village. • Litter has increased since the opening of the take-away and rubbish has been tipped over bins on the private road which encourages vermin. - 25 -

• Existing levels of intolerable smell, possibly due to extractor filters not being changed and change in extractor location and reduced height of the extractor unit will make matters worse for local residents because the smell will linger between the properties. Existing level of smell prevents nearby residents from enjoying their property in a mainly residential area. • Diners will smoke outside thereby causing more noise and litter. • Increased disturbance from noise caused by diners leaving the restaurant late in the evening and noise will emanate from the relocated kitchen. Noise is already caused by cleaning and rubbish being deposited in the bins after the premises has closed. • Possible aggravation of existing anti-social behaviour problems caused by increased number of youths gathering in the area and report given of an incident of vandalism. • Sale of alcohol will result in more noise.

A communication of support has been received for the occupier of 30 East Street who offers the following reasons for supporting the application:

• Recognition that the private road should not be used for car parking but identifies that there are no on street parking restriction nearby that provides ample parking. Residents do not have the right to park outside their own homes. • Attracting customers from outside the area will benefit other local facilities such as the pubs and the Co-op. • Opinion expressed that there are no odour problems.

The applicant has supplied a letter in response to the objections that have been lodged, the salient points are:

• Premises already has planning consent that is suitable for restaurant purposes. • Assurance given that parking associated with the proposed development will not be an issue for a number of reasons. Patrons will arrive and leave by taxi and a significant number will be local people and will travel on foot. Reference made to a restaurant owned by the applicant in Duston with limited parking where no complaints have been made in five years. • Restaurant will have a lesser effect on the adjacent residential property. • Restaurants will be a high class premises and will not attract a disorderly element. • Vital to upgrade the business from a take-away to a restaurant in order to survive in these difficult economic times.

ASSESSMENT: Main issues and material planning considerations: • Compliance with policy • Effect on residential amenity • Effect on visual amenity and character • Highway safety and parking • Crime and disorder - 26 -

• Biodiversity

Compliance with policy With regards to the Core Spatial Strategy Policy 13(l) says that proposed development should not result in an unacceptable impact on the amenities of neighbouring properties or the wider area, by reason of noise, vibration, smell, light or other pollution, loss of light or overlooking.

It is manifest from the Government advice in PPG 4 that small businesses can, under certain circumstances, be acceptable in residential areas provided that they do not cause unacceptable disturbance through increased traffic, noise, pollution or other adverse effects. Clearly, the key judgement that has to be made revolves around what constitutes an unacceptable impact on residential amenity.

Effect on residential amenity Objections have been drawn from nearby residents who have referred to unpleasant odours and noise issues and the Council’s Health Protection Service has confirmed that complaints regarding the existing odour extraction and filtering system in its current position have been received. The Service goes on to say that the repositioned extractor is not likely to be as effective as the existing system which is already generating complaints from local residents.

From the evidence above, it is considered that the proposal would determinately affect the existing standard of residential amenity to such a degree to be contrary to Policy 13(l) of the North Northamptonshire Core Spatial Strategy.

Policy 13(a) says that designs should incorporate access to amenity space to meet the needs of all users. The proposal would result in a usable strip of amenity space measuring 10.7m x 2.6m being available for the use of any residents of the premises. It is considered that the proposal is an overdevelopment of the site due to the inadequate size of the residual amenity area and is therefore contrary to Policy 13(a) of the North Northamptonshire Core Spatial Strategy.

With regard to littering the Council has the power to resolve this issue under the provisions of the Environmental Protection Act.

Effect on visual amenity and character Policy 13(h) of The North Northamptonshire Core Spatial Strategy says new development should be of a high standard of design that enhances the character of its surroundings. The requirement for designs that contribute positively to their surroundings and which are also appropriate to their context is also mentioned in paragraph 34 of PPS 1.

The visual effect of the extractor system is currently mitigated by its location up against the flank wall of the main part of the premises. It is considered that the position of the relocated tower would have a serious detrimental impact on the visual amenity for the area at the rear of properties in Wollaston Road, Orchard Place and Farndish Road. This is because its free standing position on top of a flat roofed single storey structure, without a building to partially screen it, would render it capable of being viewed from all angles it in a location that is entirely within the residential domain. - 27 -

Locally, many of the rear amenity areas exhibit a variety of outbuildings and structures. The proposed extension would run the full length of the existing garden area and the depth of the extension in relation to the rear amenity area of the site would be at odds with the other rear garden areas, most of which retain some form of separation between the structures in the garden and the dwellings.

Both elements of the proposal, the extension and the relocated extractor tower are, therefore, considered to be contrary to Policy 13(h) of the North Northamptonshire Core Spatial Strategy.

Highway safety and parking The County Council Highway Authority has been made aware of the concern of local residents regarding the highway issues relating to the application and recognises that there are no designated off street parking spaces associated with the proposal. The authority has not commented further on the proposal other than identifying the fact that the access road at the side of the application site is private and understands that the lack of parking provision will be taken into account in the determination of the application.

With regards to the adopted parking SPG the maximum provision for car parking spaces for the business with a total of 91m2 is given as six car parking spaces and one cycle space, but the document does go on to say in paragraph 2.1 that a lower provision than set out in the standards may be sought, particularly in locations that are accessible by other forms of transport than the car. The paragraph lists eight criteria relating to the considerations that should be taken into account. These are:

1. The availability of alternative means of transport to the private car 2. The availability, type and proximity of public car parking 3. The potential for environmental harm and adverse effect on road safety, arising from parking demand being met elsewhere 4. The scale and type of the development being proposed 5. The potential for the proposed development to benefit from multipurpose trips 6. The requirements of any Transport Assessment 7. The content of any Travel Plan 8. Other relevant planning policies

With regards to the Core Spatial Strategy Policy 13(d) says that proposals should have a satisfactory means of access and provide for parking, servicing and manoeuvring in accordance with adopted standards. It is accepted that the existing take-away does not, upon the face of it, have an adequate standard of car parking, but there are mitigating factors such as the location of the site close to the village centre, its small scale and lack of on road parking restrictions nearby. The proposed scheme, however, seeks to develop the site with a use that would require far more long term parking which is clearly not available within the application site and would put undue pressure on the limited amount of on-street parking that is available. The application is, therefore, considered to be contrary to Policy 13(d) of the North Northamptonshire Core Spatial Strategy.

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Details of the way in which parking enforcement on the public highway is controlled in the borough of Wellingborough can be found on www.northamptonshire.gov.uk/parking where a document entitled ‘Don't Get A Ticket’ can be down-loaded. The information includes a telephone number, 0845 6800153, and an email address [email protected] to which aggrieved members of the public can report their parking concerns to Northamptonshire County Council.

Crime and disorder With regards the Planning Out Crime SPG the salient paragraph is 9.2 where it recognises that take-always can attract people and become hot spots for crime and disorder particularly at night. The SPG goes to say that planning permission for new development or change of use should take into account the local context and potential for crime and disorder, particularly when uses may lead to a rise in anti-social behaviour.

Nearby neighbours have identified the possibility of anti-social behaviour resulting from the development. The Police, however, think that anti-social behaviour could be less with a restaurant than a take-away due to differing alcohol consumption patters. If anti- social behaviour does become a problem the Police could, quite reasonably, instigate an initiative to attempt to resolve any delinquent behaviour.

It is considered that there is insufficient evidence to suggest that the proposal will cause significant levels of anti-social behaviour which would necessitate the refusal of the application.

Biodiversity No biodiversity issues have been identified within the scope of the application.

Conclusion This application can be distinguished from other seemingly similar schemes that the Committee have considered recently because it involves a change of use (from A5 to A3) that are similar, but perhaps more significantly, also includes a disproportionately large extension to the business premises which would also intensify the operation rather than just an extension of opening hours.

The existing building and business contained within it are small and it is thought that the intention to invest in a business in the village is laudable. The concerns of the nearby residents regarding noise, smell and traffic/parking issues are however, fully understandable. And weight should be accorded to these concerns in the light of the evidence produced by the Council’s Environmental Protection Service. It is considered that the proposal would overdevelop the site by way of increasing the footprint and intensity of the business on a small site which would result in a substandard residential amenity area and in excessive demand for on street parking. The application is, therefore, recommended for refusal.

RECOMMENDATION: Refuse for the following reasons:

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1. The proposal is contrary to Policy 13(l) of the North Northamptonshire Core spatial Strategy because it would result in an over intensive development on the site which would have the consequence of unacceptably harming the amenities of nearby residential occupiers by way of smell. 2. The proposal is contrary to Policy 13(a) of the North Northamptonshire Core Spatial Strategy because it would result in an inadequate amenity space associated with the residential element of the premises. 3. The proposal to relocate the extractor tower is contrary to Policy 13(h) of the North Northamptonshire Core Spatial Strategy because its new position would result in it becoming an acceptably obtrusive feature. 4. The proposal because of its inadequate off street parking provision is contrary to Policy 13(d) of the North Northamptonshire Core Spatial Strategy.

Policy 13

Development should meet the needs of residents and businesses without compromising the ability of future generations to enjoy the same quality of life that the present generation aspires to. Development should:

Meet needs a) Incorporate flexible designs for buildings and their settings, including access to amenity space, enabling them to be adapted to future needs and to take into account the needs of all users; d) Have a satisfactory means of access and provide for parking, servicing and manoeuvring in accordance with adopted standards;

Raise standards h) Be of a high standard of design, architecture and landscaping, respects and enhances the character of its surroundings and is in accordance with the Environmental Character of the area;

Protect assets l) Not result in an unacceptable impact on the amenities of neighbouring properties or the wider area, by reason of noise, vibration, smell, light or other pollution, loss of light or overlooking.

INFORMATIVE: The applicant is advised that this decision relates to the following drawing numbers received on the dates shown: Drawing Numbers: Date Received: 09/012/001 sheets 2 and 3 17 June 2009 09/012/001 sheets 1 and 4 17 July 2009

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 11.30 a.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0194/F

PROPOSAL: Substitute a detached house with a pair of semi-detached houses on Plot 1 of the approved development between 35 and 45 Edinburgh Road.

LOCATION: Plot 1, land between 35 and 45 Edinburgh Road, Wellingborough.

APPLICANT: Bassetform Limited.

A Councillor has requested a site visit.

PROPOSAL AND DESCRIPTION OF SITE: The application site lies on the eastern side of Edinburgh Road. It is rectangular in shape and backs onto The Cromwell Public House on Princess Way. The site previously contained 2 rows of lock up garages and a hard-standing. However, all the buildings have now been demolished and the site cleared.

Planning permission was granted in December 2007 (Ref: WP/2007/0632) under delegated authority for the erection of 6 dwellings (2 detached dwellings at each end of the site and 2 pairs of semis in-between). A subsequent application (Ref: WP/2009/0067) to erect 9 dwellings was refused by Committee in May this year on grounds of over-development and insufficient space between the rear of the dwellings and the façade of the neighbouring public house.

There are 2 proposals under consideration, these being WP/2009/0194/F and WP/2009/0226/F. Both these proposals seek consent to substitute the detached dwelling on end plots (Plots 1 and 6 at the western and eastern ends of the development) in respect of the approved scheme for 6 dwellings under reference WP/2007/0632 each with a pair of semi-detached dwellings, thereby increasing the number of dwellings on the site from 6 to 8. The siting of some of the buildings has also changed, with the buildings brought slightly forward towards the street frontage and thereby increasing the gap with the adjacent public house.

The Applicant’s Agent has provided further information in support of the 2 applications stating that: The reality of the situation is that, following the refusal of the application for 9 units, the choices were to appeal the decision, re-vamp the application to S C E R N O T 5 5 5 4 O 7 5 M Y R ER WP/2009/0194/F B

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El Sub Sta - 31 - accommodate the Committee's comments or to progress the existing consent. The first two options were non-starters as the time delay would have been too great, the builder would have had no work to do and would have to lay-off at least three of their direct labour force.

As can be seen on site, the site offices and welfare facilities have been located on plot 6 with the logical sequence of construction being from plot 1 toward plot 6. Therefore construction commenced with the sub-structures of plots 2, 3, 4 and 5 whilst the planning application for plot 1 was being considered such that, if approved, construction would concentrate on plot 1 before building up the super-structures on the other plots (which could restrict access back to plot 1). There is, obviously, no urgency with the proposed development of plot 6 as it would be the last unit to be built (9 - 12 months on). Also the alternative development proposal for plot 6 needed to be evaluated. Interest in the concept of the bungalow has evaporated and, having taken advice from land agents, the least-risk option for speculative development is the 3-bed semi. Hence the planning application was submitted as soon as the decision was reached with no underlying attempts of subterfuge.

The planning applications have been prepared and presented with the overriding intention to take full account of the concerns raised by the Committee. All the pairs of houses are well spaced and all have sufficient space between the dwellings and the windows of the public house. The addition of the Street Scene to the application for plot 1 is intended to illustrate the 'openness' of the overall development.

RELEVANT PLANNING HISTORY: WP/2009/0067/F Proposal for 9 dwellings refused by Committee in May 2009. WP/2008/0582/FM Proposal for 5 pairs of semi-detached dwelling – withdrawn. WP/2007/0632/F Consent granted for the erection of 6 dwellings.

NATIONAL AND LOCAL PLANNING POLICY: Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing Planning Policy Guidance Note 13: Transport Regional Spatial Strategy 8 (including Milton – Keynes and South Midlands Sub- Regional Strategy) North Northamptonshire Core Spatial Strategy Policies 9 – Location of Development 13 – General Sustainable Development Principles 14 – Energy Efficiency and Sustainable Construction Wellingborough Local Plan Policy H1 – Existing Residential Areas. Supplementary Planning Guidance Notes – Designing Out Crime; Parking Standards.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Highways (NCC) - imposition of standards highway conditions.

2. Environment Agency - no objection.

3. Northamptonshire Police - no objection subject to the houses being built to attain ‘Secure by Design’ award. - 32 -

4. NCC Education - the schools in the area have a significant number of surplus places, hence should be able to accommodate the relatively small number of pupils expected from the development, hence no financial contribution towards education provision required.

5. Borough Housing Strategy Manager – proposed development is below the affordable housing threshold.

ASSESSMENT: Policy 9 of the Core Spatial Strategy gives priority to the reuse of previously developed sites in urban areas for residential purposes with the objective of providing at least 30% of the requisite amount of new dwellings on brownfield land. Therefore, the proposed development is acceptable in principle and is consistent with the provisions in national guidance in PPS 1 and PPS 3. The merits of a residential development have already been established following the grant of consent for 6 dwellings in 2007. The net increase of 1 dwelling is considered insignificant.

Character and Appearance The layout and design of the proposal are acceptable and consistent with the pattern of development in the surrounding area. The building line is still slightly recessed from the street frontage when compared to the neighbouring buildings. However, this is necessary to accommodate parking provision within the front curtilage. In any case, this would not result in a significant visual variation from the established pattern of development on this frontage.

The neighbouring developments comprise 2-storey semi-detached dwellings, some with pitched roof and others with hipped roof profile. The design of the proposed houses picks on the characteristic features of neighbouring dwellings such as prominent gable fronts, front porch, pitched roof and fenestration. Furthermore, sufficient front garden depth is provided for the houses in common with others on this frontage. There are certainly some merits in the proposal in that it replaces dilapidated structures on this site and would, in effect, enhance the appearance of the street scene.

Living Conditions The proposed development backs onto a public house and there are concerns that the pub activities could adversely impact on the amenities of future occupiers. In this respect, the buildings have been shifted slightly towards the street frontage to increase the gap to the public house. Nevertheless, a condition is recommended to submit details of acoustic fencing/barrier to minimise such impact. A condition is also imposed, preventing the formation of window/other openings on the flank elevation of the end plots to prevent overlooking of the neighbouring dwellings.

Residential Development Standards Each of the proposed houses would have a rear garden, the size of which in some instances, marginally falls short of the standards. Parking provision equates to 100% provision, which is acceptable given the context of the development within a built up area.

- 33 -

Planning Out Crime Implications The proposed development would bring a vacant derelict site into productive use, thereby enhancing natural surveillance and the security of the neighbouring properties. The proposed development therefore complies with the provisions of the Supplementary Planning Guidance IV: Planning Out Crime in Northamptonshire.

Landscape Issues Several trees have recently been lost on the site and this is regrettable. However, it should be borne in mind that these are unprotected trees and are outside a defined Conservation Area. As such, they could be felled without consent. Nevertheless, conditions have been imposed to safeguard the 2 remaining mature trees, which are of significant amenity value.

Summary Having considered the above, there are no material planning considerations to justify the refusal of this application, which complies with the relevant development plan policies and national guidance. The application is therefore recommended for approval.

RECOMMENDATION: Grant planning permission subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Notwithstanding any materials specified on the approved plans, representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before the development commences and the development shall be built in accordance with the approved samples. 3. No preparatory works, site clearance or other building operations shall commence until a plan showing the method and means of protecting the 2 existing trees on plots 1a and 6 respectively has been submitted to and approved in writing by the local planning authority. Such protection as approved shall be installed before the commencement of the development and shall be retained throughout the construction period. 4. The proposed trees and shrubs shown on the approved drawings shall be planted during the planting season immediately following the completion of the building operations or within any such longer period as may be agreed in writing with the local planning authority. The proposed and existing trees shall be maintained continuously for a period of 5 years, during which time if they are dead, dying or defective, they shall be replaced. 5. No windows or other openings shall be formed on the flank elevation of the proposed buildings (plots 1a and 6) above the ground floor without the prior written consent of the local planning authority. 6. Details of the boundary treatments and acoustic barrier/fencing between the proposed houses and the adjacent public house shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. The works shall be carried out in accordance with the approved details.

- 34 -

7. The car parking spaces shown on the approved drawings shall be provided before the occupation of the dwellings and shall thereafter be kept free from obstruction and shall be retained for parking purposes incidental to the enjoyment of the proposed 9 dwellings. 8. The new vehicular crossings shall be constructed, the existing vehicular crossing closed and highway surfaces (including the footway and the verge) made good as necessary over the whole frontage of the site in accordance with the specification of Northamptonshire County Council. 9. The driveways shall be hard paved to prevent loose materials being carried onto the highway. 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re-enacting this Order), no buildings, extensions or alterations permitted by Classes A, B, C, D and E of Part 1 of Schedule 2 of the Order shall be carried out within the curtilage of the approved 9 dwellinghouses without the prior written consent of the local planning authority.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004. 2. To secure a satisfactorily appearance for the development in the interest of visual amenity. 3. To safeguard the existing trees in the interest of the visual amenity of the area. 4. In the interest of visual amenity of the area. 5. To protect the amenities of the neighbouring residential occupiers. 6. To safeguard the amenity of future residential occupiers from noise and disturbance from the adjacent public house. 7. To ensure adequate off-street parking provision and in order to prevent additional parking in the surrounding streets, which could be detrimental to amenity and prejudicial to safety. 8. In the interest of highway safety. 9. In the interest of highway safety. 10. To allow the local planning authority the opportunity to control future developments on the site, having regard to nature of the site and in the interest of safeguarding the amenities of neighbouring occupiers.

INFORMATIVE/S 1. Pursuant to Section 38(6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: H1 of the Adopted Wellingborough Local Plan; and 9, 13 and 14 of the North Northamptonshire Core Spatial Strategy. 2. The applicant is advised that the decision relates to the following drawing numbers received on the date shown: Drawing Numbers: Date Received: 229-HT2-01 (P1) & 229-P1-01 (P2) 04/06/2009

- 35 -

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

SITE VIEWING (Date of visit 11th August 2009 at 11.30 a.m.)

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0226/F

PROPOSAL: Substitute a detached house with a pair of semi-detached houses on Plot 6 of the approved development between nos. 35 and 45 Edinburgh Road.

LOCATION: Plot 6, land between 35 and 45 Edinburgh Road, Wellingborough. NN8 2HN

APPLICANT: Bassetform Limited.

A Councillor has requested a site visit.

PROPOSAL AND DESCRIPTION OF SITE: The application site lies on the eastern side of Edinburgh Road. It is rectangular in shape and backs onto The Cromwell Public House on Princess Way. The site previously contained 2 rows of lock up garages and a hard-standing. However, all the buildings have now been demolished and the site cleared.

Planning permission was granted in December 2007 (Ref: WP/2007/0632) under delegated authority for the erection of 6 dwellings (2 detached dwellings at each end of the site and 2 pairs of semis in-between). A subsequent application (Ref: WP/2009/0067) to erect 9 dwellings was refused by Committee in May this year on grounds of over-development and insufficient space between the rear of the dwellings and the façade of the neighbouring public house.

There are 2 proposals under consideration, these being WP/2009/194/F and WP/2009/226/F. Both these proposals seek consent to substitute the detached dwelling on end plots (Plots 1 and 6 at the western and eastern ends of the development) in respect of the approved scheme for 6 dwellings under reference WP/2007/0632 each with a pair of semi-detached dwellings, thereby increasing the number of dwellings on the site from 6 to 8. The siting of some of the buildings has also changed, with the buildings brought slightly forward towards the street frontage and thereby increasing the gap with the adjacent public house.

The Applicant’s Agent has provided further information in support of the 2 applications stating that: The reality of the situation is that, following the refusal of the application for 9 units, the choices were to appeal the decision, re-vamp the application to 2 4 B

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accommodate the Committee's comments or to progress the existing consent. The first two options were non-starters as the time delay would have been too great, the builder would have had no work to do and would have to lay-off at least three of their direct labour force.

As can be seen on site, the site offices and welfare facilities have been located on plot 6 with the logical sequence of construction being from plot 1 toward plot 6. Therefore construction commenced with the sub-structures of plots 2, 3, 4 and 5 whilst the planning application for plot 1 was being considered such that, if approved, construction would concentrate on plot 1 before building up the super-structures on the other plots (which could restrict access back to plot 1). There is, obviously, no urgency with the proposed development of plot 6 as it would be the last unit to be built (9 - 12 months on). Also the alternative development proposal for plot 6 needed to be evaluated. Interest in the concept of the bungalow has evaporated and, having taken advice from land agents, the least-risk option for speculative development is the 3-bed semi. Hence the planning application was submitted as soon as the decision was reached with no underlying attempts of subterfuge.

The planning applications have been prepared and presented with the overriding intention to take full account of the concerns raised by the Committee. All the pairs of houses are well spaced and all have sufficient space between the dwellings and the windows of the public house. The addition of the Street Scene to the application for plot 1 is intended to illustrate the 'openness' of the overall development.

RELEVANT PLANNING HISTORY: WP/2009/0067/F Proposal for 9 dwellings refused by Committee in May 2009. WP/2008/0582/FM Proposal for 5 pairs of semi-detached dwelling – withdrawn. WP/2007/0632/F Consent granted for the erection of 6 dwellings.

NATIONAL AND LOCAL PLANNING POLICY: Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing Planning Policy Guidance Note 13: Transport Regional Spatial Strategy 8 (including Milton – Keynes and South Midlands Sub- Regional Strategy) North Northamptonshire Core Spatial Strategy Policies 9 – Location of Development 13 – General Sustainable Development Principles 14 – Energy Efficiency and Sustainable Construction Wellingborough Local Plan Policy H1 – Existing Residential Areas. Supplementary Planning Guidance Notes – Designing Out Crime; Parking Standards.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Highways (NCC) - imposition of standards highway conditions.

2. Environment Agency - no objection.

3. Northamptonshire Police - no objection subject to the houses being built to attain ‘Secure by Design’ award. - 37 -

4. NCC Education - the schools in the area have a significant number of surplus places, hence should be able to accommodate the relatively small number of pupils expected from the development, hence no financial contribution towards education provision required.

5. Borough Housing Strategy Manager – proposed development is below the affordable housing threshold.

ASSESSMENT: Policy 9 of the Core Spatial Strategy gives priority to the reuse of previously developed sites in urban areas for residential purposes with the objective of providing at least 30% of the requisite amount of new dwellings on brownfield land. Therefore, the proposed development is acceptable in principle and is consistent with the provisions in national guidance in PPS 1 and PPS 3. The merits of a residential development have already been established following the grant of consent for 6 dwellings in 2007. The net increase of 1 dwelling is considered insignificant.

Character and Appearance The layout and design of the proposal are acceptable and consistent with the pattern of development in the surrounding area. The building line is still slightly recessed from the street frontage when compared to the neighbouring buildings. However, this is necessary to accommodate parking provision within the front curtilage. In any case, this would not result in a significant visual variation from the established pattern of development on this frontage.

The neighbouring developments comprise 2-storey semi-detached dwellings, some with pitched roof and others with hipped roof profile. The design of the proposed houses picks on the characteristic features of neighbouring dwellings such as prominent gable fronts, front porch, pitched roof and fenestration. Furthermore, sufficient front garden depth is provided for the houses in common with others on this frontage. There are certainly some merits in the proposal in that it replaces dilapidated structures on this site and would, in effect, enhance the appearance of the street scene.

Living Conditions The proposed development backs onto a public house and there are concerns that the pub activities could adversely impact on the amenities of future occupiers. In this respect, the buildings have been shifted slightly towards the street frontage to increase the gap to the public house. Nevertheless, a condition is recommended to submit details of acoustic fencing/barrier to minimise such impact. A condition is also imposed, preventing the formation of window/other openings on the flank elevation of the end plots to prevent overlooking of the neighbouring dwellings.

Residential Development Standards Each of the proposed houses would have a rear garden, the size of which in some instances, marginally falls short of the standards. Parking provision equates to 100% provision, which is acceptable given the context of the development within a built up area.

- 38 -

Planning Out Crime Implications The proposed development would bring a vacant derelict site into productive use, thereby enhancing natural surveillance and the security of the neighbouring properties. The proposed development therefore complies with the provisions of the Supplementary Planning Guidance IV: Planning Out Crime in Northamptonshire.

Landscape Issues Several trees have recently been lost on the site and this is regrettable. However, it should be borne in mind that these are unprotected trees and are outside a defined Conservation Area. As such, they could be felled without consent. Nevertheless, conditions have been imposed to safeguard the 2 remaining mature trees, which are of significant amenity value.

Summary Having considered the above, there are no material planning considerations to justify the refusal of this application, which complies with the relevant development plan policies and national guidance. The application is therefore recommended for approval.

RECOMMENDATION: Grant planning permission subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Notwithstanding any materials specified on the approved plans, representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before the development commences and the development shall be built in accordance with the approved samples. 3. No preparatory works, site clearance or other building operations shall commence until a plan showing the method and means of protecting the 2 existing trees on plots 1a and 6 respectively has been submitted to and approved in writing by the local planning authority. Such protection as approved shall be installed before the commencement of the development and shall be retained throughout the construction period. 4. The proposed trees and shrubs shown on the approved drawings shall be planted during the planting season immediately following the completion of the building operations or within any such longer period as may be agreed in writing with the local planning authority. The proposed and existing trees shall be maintained continuously for a period of 5 years, during which time if they are dead, dying or defective, they shall be replaced. 5. No windows or other openings shall be formed on the flank elevation of the proposed buildings (plots 1a and 6) above the ground floor without the prior written consent of the local planning authority. 6. Details of the boundary treatments and acoustic barrier/fencing between the proposed houses and the adjacent public house shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. The works shall be carried out in accordance with the approved details.

- 39 -

7. The car parking spaces shown on the approved drawings shall be provided before the occupation of the dwellings and shall thereafter be kept free from obstruction and shall be retained for parking purposes incidental to the enjoyment of the proposed 9 dwellings. 8. The new vehicular crossings shall be constructed, the existing vehicular crossing closed and highway surfaces (including the footway and the verge) made good as necessary over the whole frontage of the site in accordance with the specification of Northamptonshire County Council. 9. The driveways shall be hard paved to prevent loose materials being carried onto the highway. 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re-enacting this Order), no buildings, extensions or alterations permitted by Classes A, B, C, D and E of Part 1 of Schedule 2 of the Order shall be carried out within the curtilage of the approved 9 dwellinghouses without the prior written consent of the local planning authority.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004. 2. To secure a satisfactorily appearance for the development in the interest of visual amenity. 3. To safeguard the existing trees in the interest of the visual amenity of the area. 4. In the interest of visual amenity of the area. 5. To protect the amenities of the neighbouring residential occupiers. 6. To safeguard the amenity of future residential occupiers from noise and disturbance from the adjacent public house. 7. To ensure adequate off-street parking provision and in order to prevent additional parking in the surrounding streets, which could be detrimental to amenity and prejudicial to safety. 8. In the interest of highway safety. 9. In the interest of highway safety. 10. To allow the local planning authority the opportunity to control future developments on the site, having regard to nature of the site and in the interest of safeguarding the amenities of neighbouring occupiers.

INFORMATIVE/S 1. Pursuant to Section 38(6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: H1 of the Adopted Wellingborough Local Plan; and 9, 13 and 14 of the North Northamptonshire Core Spatial Strategy. 2. The applicant is advised that the decision relates to the following drawing numbers received on the date shown: Drawing Numbers: Date Received: 229-HT2-01 (P1) & 229-P1-01 (P2) 04/06/2009

- 40 -

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0218/F

PROPOSAL: To erect a single wind turbine within the curtilage of and to supply 111A Earls Barton Road, Great Doddington with any excess supply to be fed into the local electricity supply infrastructure.

LOCATION: 111A Earls Barton Road, Great Doddington, Wellingborough. NN29 7TA

APPLICANT: Mr Young.

PROPOSAL AND DESCRIPTION OF SITE: As described.

“This statement is to outline the proposed erection of a 3kw vertical axis wind turbine.

The wind turbine will be situated at the eastern side of the applicants property which is at an appropriate distance from the applicants dwelling and over head electricity supply cables that pass through the property. This position has been chosen to take full advantage of the prevailing wind. Dimensions of the proposed turbine are shown within the attached plans.

The proposed turbine is horizontal axis wind turbine (three bladed type) which is normally associated with wind turbines. The height to the hub of the turbine from ground level will be 14.93m and to the highest point of the blade tip 17.7m.

There will be minimal noise and vibration from the turbine.

Machinery needed would be an excavator to make the hole for a foundation and a trench for the cable from the turbine to the building where the electricity meters are located, also a crane to lift the pole and mount the turbine on top of the pole. The foundations will be approximately three meters square by one metre deep, which will ensure a secure structure. The concrete foundation will be covered over again with soil and grass, and any cabling will be buried underground from the turbine directly to the building where it will be connected to the main distribution board. This will allow the dwelling to use any electricity produced by the turbine with any excess produced being fed directly back into the national Club D Club

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grid. This will greatly reduce the dwellings electricity consumption from non- renewable sources, which will in turn help to reduce the applicants carbon foot print.

The mast of the turbine will be galvanised metal, all other parts of the turbine such as the blades and the hub will be black.

The company supplying the turbine is Proven Energy Ltd. They will be maintaining the turbine on an annual basis, to make sure the turbine is running smoothly and efficiently at all times.”

RELEVANT PLANNING HISTORY: None.

NATIONAL AND LOCAL PLANNING POLICY: Policy 14 of the North Northamptonshire Core Spatial Strategy contains the following statement:

“Development should meet the highest viable standards of resource and energy efficiency and reduction in carbon emissions.”

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Great Doddington Parish Council -

“Great Doddington Parish Council is not adverse to the erection of a single wind turbine at the designated site. It does however object to the proposed height and size of the current application being some 17.7m at its highest point and suggests a mast height of only 6.5m more appropriate. The council is concerned at the visual impact of the larger structure on the surrounding relatively unspoilt nature of the Nene valley and questions the potential harm to the significant volume of birdlife originating from the nearby Summer Leys Nature Reserve.”

2. Third party -

“I object to the erection of this turbine as it will impact severely on the unspoilt nature of the Nene Valley. I would suggest that a much smaller turbine located immediately adjacent to the applicants property would be more appropriate. The proposed turbine has a capacity of 6 Kw this equates to some 25,000 Kw hrs per year assuming a 50% efficiently – clearly vastly in excess of any normal domestic requirements, therefore a 2.5 Kw generator would be more appropriate. I am also concerned that if this development is allowed further applications would follow and we could end up with a wind farm overlooking the nature reserve.”

3. NATS – NERL Safeguarding -

“The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En-Route) Public Limited Company (“NERL”) has no safeguarding objection to the proposal.”

- 42 -

ASSESSMENT: The applicant’s agent has commented on the comments received from publicity as follows:-

“My client, the applicant and I have been considering alternative energy sources to help power his home for some time. We have both sought advice from a number of different sources. The result of our research is that the wind speed at the property is a appropriate to power a domestic wind turbine and the size, design, and capacity of the subject turbine is in a number of experts opinion the optimum design, height and overall specification for the intended purpose and location.

There is absolutely nothing to the gained by anyone concerned in having a turbine that is too big or indeed too small for the site. I therefore respectfully suggest that the commentator is entitled to his own opinion as to capacity, etc but it is different to our own that we have sourced from independent experts and we genuinely believe that the specification applied for is entirely appropriate.

With regard to the commentators comments about this application leading to further growth of wind farms – as far as I understand it, the area is not specifically designated for its landscape or habitat etc and therefore any further applications that may arise should be judged on their own merit rather than in accordance with special landscape policy. The applicant, for the avoidance of doubt has no intention of applying for any more turbines than this one.

We believe that this application should be supported by WBC as it is entirely in accordance with all relevant local and national planning policy supporting alternative energy production.“

RECOMMENDATION: Full planning permission.

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

INFORMATIVE/S Pursuant to Section 38 (6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policy: 14 of the North Northamptonshire Core Spatial Strategy. - 43 -

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0251/F

PROPOSAL: Construction of new detached dwelling with garage and associated external works (revised scheme).

LOCATION: Land between 12 and 18 Bull Close, Bozeat, Wellingborough.

APPLICANT: Mrs Wendy Brealey.

BACKGROUND: The site has the benefit of a Planning Permission ref WP/2008/0568/F granted by the Committee in January this year, subject to conditions. Following the submission of details pursuant to the conditions and a Site Viewing in June, the conditions concerning site levels, building heights, boundary treatments and facing materials have not been resolved. The applicant also wishes to make certain amendments to the design and therefore the current new application is submitted to address these issues.

THE APPLICATION SITE AND CURRENT PROPOSAL: The site is part of the former garden to number 18 Bull Close. At the front of the site, levels generally follow the gradient of Bull Close but rise towards the rear southern boundary by approximately 1 metre, which is formed by a hedge to the adjacent allotment gardens. On the east and west sides the boundaries are formed by existing timber boarded fences under the control of adjoining owners which will remain. There is an existing vehicular access to the site off Bull Close which served a garage when formerly part of number 18.

This current application for a single dwelling with attached garage is very similar to the previously approved scheme with the following design changes:-

1. The rear section of single storey lean to roof has been revised from glazing to natural slate to match the main roof. This section of roof pitch has been adjusted to suit slating and the line/angle of the roof has been continued through to the garage giving a reduced ridge height. 2. The rear ground floor patio door/windows have been revised to two sliding folding door arrangements. 3. The two rear dormer windows have been increased in width from 915 to 1350mm. 4. The window style is to be side-hung casements and not top hung.

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Site Levels and Building Height: These issues have now been addressed in the current planning application. The proposed ridge height of the building has been reduced by 860mm from the previous scheme, which has been achieved by a combination of design changes including reduction in the depth of the building by 550mm, reduction in height of the roofspace storey, and lowering the ground floor level of the building into the ground. These changes also reduce the eaves line of the proposed building by 685mm from the previous scheme. The setting out position of the front of the proposed house in relation to the front corner of number 12 is maintained exactly as the previous scheme. The submitted drawings demonstrate these level changes, and dimensions.

Facing Materials: The proposed palette of external materials – Drayton Cream facing brick with reconstituted stone cills, slate roof and lead clad dormers are of a quality, texture and colour that will sit comfortably in the Bull Close street scene.

In respect of boundary treatments, the existing east and western boundaries will remain as existing – enclosed with a 1.8m high timber fencing, which is understood to be under the control of the adjoining owners. The existing hedgerow will remain at the rear (southern boundary). The new front boundary will be formed with a new low brick wall with engineering brick on edge coping at a maximum height of 0.6m above the finished ground level.

Access: The dwelling will be constructed with a level access threshold to the main entrance and all construction will be in accordance with the current Building Regulation standards for disabled access and use. There will be on plot parking space for two vehicles.

RELEVANT PLANNING HISTORY: WP/2009/131/DOC Application to discharge conditions relating to facing materials, slab/site levels and boundary treatments – pending. WP/2008/0568/F Erection of a single dwellinghouse – approved by the Committee in January this year. WP/2008/0423/F Withdrawn. WP/94/0366 New detached garage – considered to be permitted development.

NATIONAL AND LOCAL PLANNING POLICY: Planning Policy Statement 1 - Delivering Sustainable Development. Planning Policy Statement 3 - Housing Planning Policy Statement 7 - Sustainable Development in Rural Areas Planning Policy Guidance 13 - Transport Regional Spatial Strategy 8 Wellingborough Local Plan Policy G4 - Villages North Northamptonshire Core Spatial Strategy: Policies 7 - Delivering Housing 9 - Distribution and Location of Development 10 - Distribution of Housing 13 - General Sustainable Development Principles - 45 -

Supplementary Planning Guidance Notes - Building Better Places; Parking; Trees on Development Sites and Planning Out Crime.

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. NCC Highways – no observations.

2. Bozeat Parish Council –

“Again we welcome the reduction in ridge height in the latest design. Nevertheless, with only 11m between the proposed building and the properties opposite, we remain of the opinion that a 2½ storey building is not appropriate for this site – particularly because the proposed dwelling is to the south of the existing dwellings. The resulting loss of light to the existing properties would represent a significant loss of residential amenity. We understand that on a new development it would not be permitted to build houses in such close proximity and are puzzled that it could be allowed in this case.

We feel that the majority comments made on previous applications still apply and we attach them for consideration.

We would request a site visit for this development.”

3. Third party (19 Bull Close) -

“We are writing to object to the above planning application. We live at 19 Bull Close, directly opposite the site of the proposed new house.

We object on the following grounds:

1. Bull Close has, in recent years, been overdeveloped and has lost many mature trees and hedgerows; the new development will continue this unfortunate trend. 2. The overdevelopment as led to too many cars parked and dangerously manoeuvring around in Bull Close which is a narrow road heavily used by pedestrians including many elderly people and young children. The new development will exacerbate this situation. 3. There is no turning space at the top of Bull Close and reversing down the close and into Allens Hill over a pavement and out between parked cars is dangerous. 4. The new house will completely close in the top of Bull Close changing the nature of the Close for the existing residents. 5. Bull Close is 4m wide at this point and we consider the new house to be too close to our front elevation. 6. The new house will overlook our property and we will lose privacy in the front rooms of our house. 7. The new house will restrict the daylight into the front rooms of our house.

Please take these comments into consideration when reviewing this application.”

- 46 -

4. Third party (21 Bull Close) -

“We would like to object to the planning application submitted for construction of a new detached house on the land between 12 and 18 Bull Close Bozeat.

Our objections are the same as for the previous applications submitted for this plot.

1. There are already problems with access and parking in Bull Close. Bull Close is an old road and is not suitable for a large volume of vehicles. 2. Allens Hill, which Bull Close joins, is already snarled up with cars on a regular basis, many of them an overflow from Bull Close. 3. The plans submitted only allow for cars to be parked in front of one another on the drive and not side by side. This will inevitably cause more manoeuvring of vehicles. 4. The plans do not allow for any turning of vehicles on the property. Bull Close is only 4 metres wide making turning in the road difficult. If any cars are parked on the road it will make it impossible. Reversing down Bull Close is extremely difficult, and reversing onto Allens Hill is dangerous. 5. There are already drainage problems in Bull Close. The current drains flood in heavy storms as they also have to deal with the run off from Fullwell Road via the footpath. Another property will only increase this problem. 6. The road surface is already poor, building works and additional traffic when works are carried out will further compound the problem. 7. The property planned is not in keeping with the houses at the top end of the Close and the bricks suggested match nothing else in the street. Bull Close is already losing it's character, another house will only make this worse.

Please take our objections into consideration when making a decision on this application.”

5. Third Party (resident of Bull Close) -

“We would like to object to the planning application submitted for construction of a new detached house on the land between 12 and 18 Bull Close Bozeat.

As Bull Close is such a narrow thoroughfare (as little as 4 metres house wall to house wall at some points- current regulations on new developments require 21 metres wall to wall), this will add further to the traffic problem in Bull Close.

A previous application for a infill (WP/2006/0268) on the other side of my property (on the garden of no. 8 Bull Close) allowed a similar property to be built with the following results:

a) 8 Bull Close was ordered to extend parking to two spaces. In reality when a second car is parked, it hangs out into the road and cuts clearances even further.

b) During the building of no 10 Bull Close, an application was made to add a garage which was granted. Here the two car parking spaces to the side of - 47 -

the property became a single garage and currently four cars can be parked to the front of the property.

Photographs of these occurrences were supplied to your members during the last site visit.

This proposed house could have the potential for a further six cars with modifications to the property, not necessarily by the applicant but further down the line this could become a reality.

Young children play in the street and here we are considering another increase in vehicular movements. With the close as narrow as it is, any visitor to the close does not have the facility to turn around and invariably reverses down the lane and reversing into Allens Hill is downright dangerous. This puts everybody in danger. Again we would be condoning this as traffic will most definitely increase. It will also add more parking problems on Allens Hill where those who cannot get into Bull Close tend to park.

So what was a picturesque close is fast becoming a road with no breaks for green areas, infill's everywhere and more to follow, no doubt. It is now over developed and services are suffering.

Are the water pipes, sewerage pipes and drains sufficient to carry yet another property and the possibility of more? If this development causes overloading of the services, who pays for the repair?

This application has tried to conform to all recommendations from the council but there are still issues.

The building materials have gone from "a building that will be totally in keeping with the rest of the close" to a brick that is unique to anything else in the close and totally not in keeping anymore.

The dormer windows to the rear has the biggest impact upon my property and the last site meeting actually went into my garden and agreed with my argument. The dormers suggested in this plan have now reached extreme proportions where they have, over previous applications, gone from 900mm wide, to 1200mm wide and now 1800mm wide. Look at the rear elevation of the plans and you will see a view that is top heavy with huge dormer windows. Please remove these to "Velux" type as in the front of the proposed building but whatever happens, please do not allow these huge 1800mm wide monstrosities.

The road surface at this proposed development is in a serious state of repair and movement of heavy lorries will further aggravate the problem.

If this is allowed, then serious conditions must still be applied and monitored closely so that we don't have the same lack of enforcement that is evident at the previous development at no 8/10 Bull Close.

- 48 -

To summarise, I would be most unhappy to see another building in the close and I'm sure that the rest of the residents would also be disappointed should the council grant planning permission. Please consider our objections when reaching your conclusions.”

6. Third party (18 Bull Close) -

“Further to the various applications for planning permission concerning this site, we understand this to be a new application. We therefore stress the concerns that have been previously raised regarding this development below and would like to register our continued objection to this development for the following reasons:

* Impact on privacy to number 18 Bull Close due to the amount of windows overlooking our property. * The light being obstructed to the 2 downstairs rooms of our property due to the size and close proximity of the new property. * The lack of turning space into the proposed land creating even greater hazard on an already seriously overcrowded road. * The distance the proposed development projects beyond the rear building line of 18, impacting our light, privacy and enjoyment of our garden. * The newly proposed plans state that there is to be an increase in the width and style of the rear dormer windows from 915 mm in the January submission to 1350 mm in the new application. This increase potentially impacts our privacy even more and we would prefer the dormers to remain at the smaller size if the application is agreed. * The close proximity of the garage to the proposed wall (on the plans it appears to be the same width as the wall (215mm)) and our fence, causes concern regarding maintenance of this building, with very limited access and we would suggest a greater gap between this building and the fence is required * The proposed 600mm wall marking out the border line of the applicant’s land and meeting Bull Close, to the left of the property (when facing), will cause us severe difficulty in entering our drive due the extreme tightness of our drive. Whilst we recognize this is within the right of the owner, it will cause additional hazard on Bull Close for our cars needing to do additional manoeuvring and we would request that the applicant considers the impact on her neighbours of having this wall extend right up to the Close/road. * Finally, the border line between no. 18 and the proposed development appear to be incorrect on the new plans. It shows the border sloping in towards no. 18’s land at the front of the building and slightly at the rear in favour of the proposed building. Though this may visually appear that way, this is because the fence has not been secured fully into the ground by the previous occupiers and the land registry surveys clearly show the border runs adjacent/parallel from front to back in line with no. 18. We would request that the plans are amended to reflect this accurately.

I would appreciate you taking these points into consideration before making a decision regarding this application.” - 49 -

ASSESSMENT: The principle of a residential development on this site has already been established following Committee approval in January this year. Policy 1 of the recently adopted Core Spatial Strategy and Policy G4 of the Wellingborough Local Plan both concede that developments within village boundaries are acceptable in principle subject to compliance with the provisions in the development plan documents and there being no detrimental impact on the character and appearance of the area respectively. The principle of reusing a previously developed residential site to provide an additional residential accommodation in a built up area is also supported by the national guidance in PPS 1 and PPS 3. The application site is within the settlement boundary of Bozeat and not in the open countryside. Policies and PPS 7 also support additional housing provision within the built up parts of rural areas, subject to compliance with other development plan policies and standards including amongst others, the effect on the character and appearance of the area.

Character and Appearance The dwellings in Bull Close exhibit no common architectural theme, but they are mainly 2-storeys in height. The proposed building is similar in all respects to the newly constructed dwelling at no. 10 Bull Close, which is 2 storeys in height, but with accommodation in the roof area. The building line on this frontage is also not well defined, although the proposed building seeks to follow the building line of the nearby no. 18. In the circumstances, the proposed development is acceptable in design and layout terms. There are concerns that the accumulation of infill developments undermines the character and appearance of the area. If indeed the immediate area had a spacious feel, this has indeed been eroded over time, with several infill developments approved and built. Judging by the prevailing character and appearance therefore, the proposed development is certainly acceptable.

Facing materials. The details of facing materials are satisfactory. There is no single predominant brick type used in the construction of dwellings in the surrounding area. Indeed some dwellings are constructed with red bricks, whilst others at nos. 21, 16 and 18, Masons Lodge at no. 17, 19 Bull Close and the side elevation of no. 29 Allens Hill (facing Bull Close) appear to have stone/yellow brick facades. The façade at no. 13 Bull Close is rendered. In the circumstances, the proposed facing materials would not have a noticeable impact on the appearance of the street scene and ought to be approved.

Boundary treatments. These are also acceptable and the majority of the existing features are in any case not under the control of the applicants. The 1.8m high close boarded fencing and the low brick wall at the front of the site are in keeping with those used elsewhere in the area.

Parking and Highway A garage would be provided at the side of the house and this is acceptable. The Highway Authority have not expressed any concerns in terms of the adequacy or inadequacy of the existing access.

- 50 -

Amenity Impact It should be borne in mind that there is an extant permission for a similar scheme on this site. The proposed dwelling has a lower ridge height than the approved dwelling and this is of some benefit in terms of impact on neighbouring dwellings. A condition is recommended to ensure that no additional windows or openings are inserted on the flank elevations to prevent mutual overlooking.

RECOMMENDATION: Grant planning permission subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. No windows or other openings (other than those already approved as part of this development) shall be formed on the flank elevations of the proposed building without the prior written consent of the local planning authority. 3. The garage and the car parking space shown on the approved drawing shall be provided before the occupation of the dwelling and shall thereafter be kept free from obstruction and shall be retained for parking purposes incidental to the enjoyment of the approved dwelling, unless otherwise agreed in writing by the local planning authority. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re-enacting this Order), no buildings, extensions or alterations permitted by Classes A, B, C, D and E of Part 1 of Schedule 2 of the Order shall be carried out within the curtilage of the approved dwellinghouse without the prior written consent of the local planning authority. 5. Before the development commences, an Environmental Risk Assessment (ERA) to identify any contaminants shall be submitted to the local planning authority for approval. Should the ERA identify any contamination, it shall contain measures for its remediation that shall be approved in writing by the local planning authority. The site shall be remediated to the satisfaction of the local planning authority prior to the occupation of the development.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004. 2. To protect the amenities of the neighbouring residential occupiers. 3. To ensure adequate off-street parking provision and in order to prevent additional parking in Bull Close, which could be detrimental to amenity and prejudicial to safety. 4. To allow the local planning authority the opportunity to control future developments on the site, having regard to nature of the site and in the interest of safeguarding the amenities of neighbouring occupiers. 5. In the interests of health and safety of the future occupiers of the dwelling.

INFORMATIVE/S 1. Pursuant to Section 38 (6) of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan - 51 -

policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: G4 of the adopted Wellingborough Local Plan; 7, 9, 10 and 13 of the adopted North Northamptonshire Core Spatial Strategy. 2. The applicant is advised that this decision relates to the following drawing numbers received on the date shown: Drawing Numbers: Date Received: A354/100, A354/10A, A354/11A 09/07/2009 3. In the interest of crime prevention and reducing the likelihood of disorder and anti-social behaviour, the Northamptonshire Police have recommended the following: * All external doors should comply to British Standard PAS 24-1 doors for enhanced Security; * All windows should comply to BS7950; and * The boundary treatment should be 1.8m height to protect the perimeter of each house. - 52 -

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

FOR INFORMATION

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0179/C

PROPOSAL: Classroom extension, covered raised deck area and internal alterations.

LOCATION: Park Junior School, Great Park Street, Wellingborough. NN8 4PH

APPLICANT: Park Junior School.

NOTE: Approved by Northamptonshire County Council on 22nd June 2009 subject to the following condition/s:-

Time Limit

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

Scope of Permission

2. Except as otherwise required by conditions attached to this planning permission the development hereby permitted shall be carried out in accordance with the submitted application.

Reason: To define the scope of the permission and in the interest of clarity.

Materials

3. All facing materials shall be in accordance with the details submitted unless otherwise agreed in writing with the County Planning Authority.

Reason: In the interests of visual amenity.

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Hours of Construction Works

4. Except as may otherwise be agreed in writing by the County Planning Authority all construction works shall be confined to the hours of 8.00 a.m. to 5.30 p.m. Mondays to Fridays and 8.00 a.m. to 1.00 p.m. on Saturdays, with no works on Sundays, or Public Holidays.

Reason: To protect the amenities of neighbouring properties from noise and other disturbance in accordance with Policy 13 (General Sustainable Development Principles) of the North Northamptonshire Core Spatial Strategy (2008).

Informative

1. For the avoidance of doubt the drawings and documentation to which this decision refers are as follows:

Application Form 4511/04A – Block Plan as Proposed and Location Plan (Scales 1:500 and 1:1250@A3), 4511/01/A – Survey as Existing (Scales 1:50 and 1:100@A1), 4511/03A – Scheme as Proposed (Scales 1:50 and 1:100@A1), Planning Support Statement and Design and Access Statement (All Dated 14/05/2009).

Reasons for Approval

The design, appearance and use of the proposed extension and alterations to the scheme would not significantly impact on the surrounding residential amenity. Therefore the proposal is considered acceptable in accordance with Policy 13 of the North Northamptonshire Core Spatial Strategy which seeks to raise the standard of design.

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM

FOR INFORMATION

Planning Committee 12/08/2009

Report of the Head of Built Environment

APPLICATION REF: WP/2009/0202/C

PROPOSAL: Ground floor pitched roof extension. Materials to match existing.

LOCATION: Rowangate Primary School, Finedon Road, Wellingborough. NN8 4EB

APPLICANT: Rowangate Primary School.

NOTE: Approved by Northamptonshire County Council on 2nd July 2009 subject to the following condition/s:-

Commencement

1. The development to which this relates must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

Scope of Permission

2. Except as otherwise required by conditions attached to this planning permission the development hereby permitted shall be carried out in accordance with the submitted application.

Reason: To define the scope of the permission and in the interest of clarity.

Hours of Construction Works

3. Except as may otherwise be agreed in writing by the County Planning Authority all construction works shall be confined to the hours of 7.30 a.m. to 5.30 p.m. Mondays to Fridays and 8.00 a.m. to 1.00 p.m. on Saturdays, with no works on Sundays or Public Holidays.

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Reason: To protect the amenities of nearby occupiers of property from noise and other disturbance, and to have regard for Policy 13 of the North Northamptonshire Core Spatial Strategy (2008).

Materials

4. The materials to be used in the construction of the external surfaces of the development hereby permitted shall match, in type and colour those on the existing school buildings and shall be in accordance with those details supplied as part of the planning application.

Reason: To ensure that the proposed development is in keeping with the design and appearance of the existing development on the site, and to have regard for Policy 2 ‘Promoting Better Design’ of the East Midlands Regional Plan (March 2009) and Policy 13 of the North Northamptonshire Core Spatial Strategy (2008).

Informative/s 1. For the avoidance of doubt the drawings and documentation to which this decision refers are as follows:-

• Application Form, dated 2 April 2009; Design and Access Statement – Ref: 08/0988/PS01, dated April 2009 (Philip Horne Architectural Services); Planning Support Statement – Ref: 08/0988/PS01, dated April 2009 (Philip Horne Architectural Services); Site Plan, dated October 2003; Rowan Gate Primary School Building Plan Blocks A0 B0 C1: dated April 2005, Rowan Gate Primary School Survey Plan: Ref 08/0988/01, dated February 2009; Rowan Gate Primary School Scheme Staffroom and Staff WC Block: Ref 08/0988/02, dated Feb 2009.

Summary of Reasons for Approval The scale of the development and the materials proposed are considered appropriate in terms of compatibility with the existing built development on the site. The application does not result in a significant amenity impact so as to justify refusal of the application. The development is considered acceptable in terms of the East Midlands Regional Plan (March 2009) Policy 2 ‘Promoting Better Design’ which seeks to continuously improve the layout and design of developments. The development is also acceptable in terms of the North Northamptonshire Core Spatial Strategy Policy 13, which seeks to ensure development are of high quality design, while minimising amenity impacts.

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12th August 2009

AGRICULTURAL DETERMINATION NOTICE

Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0242/AG Mr Gordon James Newlands Farm, 73 Harrold AGREED Road, Bozeat. Slurry tower (prior notification for agricultural development).

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12th August 2009

PLANNING COMMITTEE

The following applications dealt with under the terms of the Deputy Chief Executive’s delegated powers.

Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0128/F Mr Michael Barnes 31-32 Cambridge Street, APPROVED M P Barnes Wellingborough. Replacement shop front.

WP/2009/0140/F Mr Ian Worth Land adjacent 149 Main AC I D Carpentry Street, Little Harrowden. New dwelling on land adjacent to 149 Main Street, Little Harrowden.

WP/2009/0145/F Mr and Mrs Brawn 7 Hardwater Road, APPROVED Great Doddington. Erect a single storey, timber framed glazed conservatory.

WP/2009/0149/F Mr M Sellars 27 Harrowden Road, AC Wellingborough. Two storey rear extension to provide utility room and WC with bathroom over.

WP/2009/0151/F Mr Brent Perkins 30 Berrill Street, Irchester. AC Acorn Land and Property Erection of a pair of single Limited storey garages.

WP/2009/0154/F Mr Robert Isaacson 117 Northampton Road, AC Wellingborough. Amendment to planning approval WP/2008/0483/F - two storey side extension.

WP/2009/0155/F Miss Laura Marshall Boys Club, 60 Orchard Road, AC Finedon. Use of building as a play school/pre school opening 9-3 Monday to Friday (term time only) in addition to the existing use of a youth club which operates two nights a week - amended description.

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Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0156/F Mr and Mrs Norton 19 Norlinton Close, AC Orlingbury. Two storey front extension and relocation of front door.

WP/2009/0157/AV Ms Melanie Darvall Boots the Chemists Limited, AC TNT Post 2-20 Sinclair Drive, Park Farm Industrial Estate, Wellingborough. 5m high TNT post pole sign - aluminium box sign fitted to a steel pole.

WP/2009/0158/F Mr M Patel 1 Jersey Close, AC Wellingborough. Proposed boundary wall and change of use from private amenity area to private garden area that will incorporate a parking area and the construction of a crossover (lowering of kerb).

WP/2009/0159/LB Mr Dean Port 8 Cambridge Street, AC Crystal Electronics Wellingborough. Re-painting and signage to exterior of shop/building. (Application for a Listed Building Consent).

WP/2009/0160/AV Ms Claire Finn 8 Cambridge Street, AC Crystal Electronics Limited Wellingborough. 2 x externally illuminated signage for shop front and side elevation.

WP/2009/0169/F Mr A Fowkes 42 Linnet Close, AC Wellingborough. Proposed first floor side and single storey front extension.

WP/2009/0170/F All Saints Church PCC All Saints (C of E) Church, APPROVED Midland Road, Wellingborough. Erection of wrought steel gates on north porch entrance of All Saints Church.

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Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0171/F Mr Sebastiano Tuzzeo 77 The Pyghtle, AC Wellingborough. Single storey rear extension forming kitchen, utility room and shower room.

WP/2009/0172/F Mr R Allen 43 Queens Road, Wollaston. AC Proposed 2 storey extension to side and rear of existing dwelling.

WP/2009/0174/F Mr and Mrs White 105 Ambleside Close, AC Wellingborough. Two storey side extension.

WP/2009/0175/F Mr Henry Harding 103 The Drive, AC Wellingborough. Extend existing garage to form new bedroom/garage area.

WP/2009/0177/F Mrs Sandra Rossi 2 Brook Vale, Wilby. AC To erect a 5ft boundary fence and gates to replace a 3ft wall which partly fell down and has now been removed.

WP/2009/0180/F Mr and Mrs Pete Brown 20 Kettering Road, Isham. AC Rear extension (single storey) to kitchen. New tiled roof over living room.

WP/2009/0183/AV Mr Glen White Half Moon Inn, 42 Main Road, AC Charles Wells Limited Grendon. Various pub signage.

WP/2009/0184/LB Mr Glen White Half Moon Inn, 42 Main Road, AC Charles Wells Limited Grendon. Replacement pub signage (application for listed building consent).

WP/2009/0185/F Mr David Marriott The Cottage, 19 Hardwick AC Village, Hardwick. Extend/convert double garage to form a self contained granny annexe.

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Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0186/F Mr John Amos 84 Overstone Road, Sywell. AC Proposed kitchen extension to rear of property.

WP/2009/0187/F Mr D Jacobs 185 Wollaston Road, AC Irchester. Single storey rear extension.

WP/2009/0188/F Mr Stephen Buckley 22 Dowthorpe Hill, Earls AC Barton. Proposed single storey extension to rear and two storey extension to side of property.

WP/2009/0191/F Mr John Rivett 13 Redhill Crescent, AC Wollaston. Single storey extension at rear. First floor extension over garage (existing) at side.

WP/2009/0193/F Mr Bull 9 Bradshaw Way, Irchester. APPROVED Installation of two solar thermal collectors (solar panels).

WP/2009/0196/F Mr Robert Walker 15 Easton Lane, Bozeat. APPROVED Addition of conservatory to bungalow (Plot 6).

WP/2009/0203/F D S & E A Campion 119 Wollaston Road, AC Irchester. Extension and alterations.

WP/2009/0206/F Mr David Falkner 92 Oakway, Wellingborough. AC Single storey rear extension.

WP/2009/0208/AV Mr Ismail Sen Jennys Restaurant, 18 Silver AC Street, Wellingborough. Traditional illuminated fascia signs.

WP/2009/0210/LB Mr and Mrs A Redfern Church View, 3 Church Lane, AC Wollaston. Conversion of listed redundant barns into a family home with a garage extension (Application for listed building consent).

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Application No. Location of Proposal Decision Applicant’s Name Description of Proposal

WP/2009/0216/F Mr Jonathon Cebula 53 Medway Drive, AC Wellingborough. Change of use of grass verge from highway to garden land - to be incorporated within the curtilage of no. 53 Medway Drive.

WP/2009/0217/F Mr Garry Collins 1 Feast Field Close, AC Wollaston. Amendment to previously approved scheme WP/2009/0011/F for two storey side extension.

WP/2009/0219/LB Mr Edward Cookman 78 High Street, Ecton. AC Erection of stone wall on our boundary adjacent to the entrance gate to the village hall.

WP/2009/0224/F Mr Gary Towell 45 Ashby Close, AC Wellingborough. Two storey rear extension and first floor front extension - revised application.

BACKGROUND PAPERS

The background papers for the planning and building applications contained in this report form part of the relevant files appertaining to individual applications as referenced.

Borough Council of Wellingborough, Sustainable Communities, Croyland Abbey, Tithe Barn Road, Wellingborough.

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PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description FP/2009/0451/ Mr C D Reynolds Build new dwelling. Bullymore Lodge APPROVED C Brigstock Kettering Northamptonshire

FP/2009/0482/ Rob Isaacson Side extension and loft conversion. 117 Northampton Road APPROVED C Wellingborough Northants

FP/2009/0573/ Mrs J T Greenhow Kitchen and garage extension. 116 Northampton Road APPROVED C Earls Barton Northants

FP/2009/0616/ Mr Steve Layt Proposed single storey ground floor 8 King Street rear utility room and cloakroom APPROVED Earls Barton extension with pitched roof. Northants

FP/2009/0654/ Mr David Falkner Single storey brick built extension to 92 Oakway rear of dwelling. APPROVED C Wellingborough Northants - 63 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description PS/2009/0660/ Charnwood Borough Council Two semi detached houses on Southfield Rd building plot. APPROVED C Loughborough Leicester

PS/2009/0661/ North Devon Council Re-construction of garage and Civic Centre utility areas. APPROVED North Walk Barnstaple

FP/2009/0666/ Park Junior School Extension and alterations. Great Park Street APPROVED Wellingborough Northants

DI/2009/0680/ Mr and Mrs D Gibbon Extension to provide disabled 4 Butts Road shower/WC facility. APPROVED Wellingborough Northants

DI/2009/0683/ Mr Prickett Convert bathroom into a shower 18 Parsons Road room. ACCEPTED Irchester Wellingborough Northamptonshire

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PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description DI/2009/0684/ Mrs I Templeman Bathroom conversion to a level 11 Dulley Avenue access shower room. ACCEPTED Wellingborough Northants

FP/2009/0685/ J Memoli Electrical Conversion to 2 separate flats. Installations APPROVED C Peerless House Talbot Road Wellingborough Northamptonshire

FP/2009/0686/ Head Teacher Enclosure of existing covered play Redwell Infant School area. APPROVED Barnwell Road Wellingborough Northants

PS/2009/0687/ Market Harborough Council Rear single storey extension and Council Offices structural alterations. APPROVED C Adam and Eve Street Market Harborough Leicestershire

DI/2009/0689/ Mrs I Abrahams Alteration from bathroom to 32 Regent Street wetroom. ACCEPTED Wellingborough Northants - 65 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description FP/2009/0690/ Northamptonshire County Alterations and extensions. Council APPROVED C County Hall Guildhall Road Northampton

FP/2009/0691/ Mr and Mrs T Robinson Alterations, extension and garage. 11 The Leys APPROVED Orlingbury Kettering Northants

BN/2009/0692/ Helen Cox To knock a door way through from 2 Henley Close the lounge into the garage which is ACCEPTED Wellingborough next door. Northants

BN/2009/0693/ Wellingborough Tyres Limited Installation of 2 no. 15 x 89 Unit 58 universal beam's over new opening ACCEPTED Leyland Trading Estate and minor alterations to reception Irthlingborough Road area. Wellingborough Northamptonshire

BN/2009/0696/ C J Newiadomy Change windows to French doors, 36 Ewenfield Road knock down internal wall and fit ACCEPTED Finedon supporting RSJ, replace windows Wellingborough and door. Northamptonshire - 66 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description BN/2009/0703/ Mr Burns Replace existing timber suspended 33 Churchill Road floor in lounge/dining room. ACCEPTED Earls Barton Approx. 25 square m with T & G Northampton floor and insulation as part of Northamptonshire subsidence insurance claim.

DI/2009/0706/ Miss Abbott Disabled adaptation (wet room). 7 Poplar Place ACCEPTED Wollaston Northants

BN/2009/0707/ Peter Leonard Shroll Refurbishment. 20 Newtown Road ACCEPTED Little Irchester Northants

DI/2009/0708/ Shawn Martin Conversion of existing bathroom The Old Stone Factory into level access shower room. ACCEPTED 4 Shirley Road Rushden Northamptonshire

DI/2009/0709/ Mrs E Taylor Alter bathroom to wetroom. 45 Bedale Road ACCEPTED Wellingborough Northants - 67 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description DI/2009/0710/ Mr A Walsh Low level access shower. 17 Mill Road ACCEPTED Bozeat Northants

DI/2009/0711/ Mrs Knight Convert bathroom into a shower 5 Hayden Avenue room. ACCEPTED Finedon Northants

DI/2009/0716/ Mrs Young Convert bathroom into a shower 14 Margaret Avenue room with external access ACCEPTED Wellingborough alterations. Northants

BN/2009/0717/ Margaret Gilliham En-suite. 46 Allens Hill ACCEPTED Bozeat Northants

DI/2009/0718/ Mrs Beavis Shower room conversion to a level 9 Stonelea Road access shower room. ACCEPTED Sywell Northants - 68 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description DI/2009/0719/ Mr Standen Extend existing bathroom to form a 46 Warren Close new shower room. ACCEPTED Irchester Northants

DI/2009/0737/ Mrs Hopkins Bathroom conversion into a level 175 Arkwright Road access shower room. ACCEPTED Irchester Northants

DM/2009/0738/ Kashmir Lal Demolition. 12 - 14 Hotel Street ACCEPTED Coalville Leicestershire

WI/2009/0768/ Sharon Gray Replacement double glazed 27 Tennyson Road windows. ACCEPTED Wellingborough Northants

DI/2009/0773/ Mr R Stevens Bathroom conversion into a level 44 Eastfield Crescent access shower room. ACCEPTED Finedon Northants - 69 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description BN/2009/0774/ Mr Radon Single storey rear extension. 53 The Pyghtle ACCEPTED Wellingborough Northants

DI/2009/0775/ Mr Adams Bathroom conversion into a level 17 Burton Road access shower room. ACCEPTED Finedon Northants

DI/2009/0776/ Mr Ellson Bathroom conversion into a level 36 North Street access shower room. ACCEPTED Wellingborough Northants

BN/2009/0777/ Eileen Willmott 1. There is and unfinished W/C 54 Bedale Road under the stairs. 2. Rainwater from ACCEPTED Wellingborough the main roof should be routed in to Northants nearby manhole. 3. We are installing exterior grade French windows between the kitchen and the conservatory.

BN/2009/0778/ Rinak Choudhury Indoors - in room basic toilet and 53 Roche Way basin. ACCEPTED Wellingborough Northants - 70 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description BN/2009/0780/ Paul Loak Domestic re-roofing like for like 117 Station Road covering. ACCEPTED Burton Latimer Northamptonshire

BN/2009/0781/ Mr Scott Davis Single storey extension to include 9 Dale Close living quarters and garage. ACCEPTED Wellingborough Northants

DI/2009/0782/ Mr Clifford Houghton Convert existing attached barn into 6 Walkers Way disabled ground floor shower and ACCEPTED Finedon toilet. Northants

DI/2009/0783/ Mrs Asbery Convert bathroom into shower 3 Potato Hall room. ACCEPTED Harrowden Road Wellingborough Northamptonshire

DI/2009/0784/ Mrs Brown Convert bathroom into shower 31 Eastfield Road room. ACCEPTED Wellingborough Northamptonshire - 71 -

PLANNING COMMITTEE - BUILDING REGULATION DECISIONS ISSUED APPLICATIONS DEALT WITH

APPLICATION DECISIONS BOROUGH OF WELLINGBOROUGH Date: 27/07/2009

Application No. Name & Address Description DI/2009/0785/ Mrs Carroll Bathroom conversion into a level 69 Mannock Road access shower room. ACCEPTED Wellingborough Northamptonshire

DI/2009/0787/ Mrs I Hartley Disabled adaptation, wet room. 36a Milner Road ACCEPTED Finedon Northants