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Wolverhampton City Council OPEN DECISION ITEM

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Wolverhampton City Council OPEN DECISION ITEM Agenda Item No: 6 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel PLANNING COMMITTEE Date: 7th April 2009 Originating Service Group(s) REGENERATION AND ENVIRONMENT Contact Officer(s) Stephen Alexander (Head of Development Control) Telephone Number(s) (01902) 555610 Title/Subject Matter PLANNING APPLICATIONS Recommendation That Members determine the submitted applications according to the recommendation made in respect of each one. PLANNING COMMITTEE (7th April 2009) REFERENCE SITE ADDRESS PAGE NO 09/00085/FUL 40 Broad Lane South Wednesfield Page 4 Wolverhampton South West Midlands WV11 3RY Application Type Minor Dwellings 09/00165/FUL Richmond House Bilston North Page 10 29 Wellington Road Wolverhampton West Midlands WV14 6AH Application Type Minor Dwellings 08/01441/OUT Land Opposite 3 Wednesfield Page 16 Rookery Street South Wolverhampton West Midlands Application Type Smallscale Major Dwelling 09/00075/FUL New Enterprise Centre East Park Page 24 Monmore Road Wolverhampton West Midlands WV1 2TZ Application Type Smallscale Major General Industry 09/00145/VV Peel Retail Park Bushbury South Page 29 Stafford Street And Low Hill Whitmore Reans Wolverhampton West Midlands Application Type Smallscale Major All Other Development 2 08/01537/FUL 2 Perton Grove Tettenhall Page 35 Wolverhampton Wightwick West Midlands WV6 8DH Application Type Householder 08/01503/FUL 5 Showell Circus Bushbury South Page 40 Wolverhampton And Low Hill West Midlands WV10 9BA Application Type Change of use 08/01285/FUL 14 Northam Walk St Peter's Page 45 Wolverhampton West Midlands WV6 0QP Application Type Householder 3 PLANNING COMMITTEE - 07-Apr-09 APP NO: 09/00085/FUL WARD: Wednesfield South DATE: 02-Feb-09 TARGET DATE: 30-Mar-09 RECEIVED: 02.02.2009 APP TYPE: Full Application SITE: 40 Broad Lane South, Wolverhampton, West Midlands, WV11 3RY PROPOSAL: Erection of a dormer bungalow and double garage. APPLICANT: AGENT: Kendrick Homes Ltd Tasker Street Walsall WS1 3QW COMMITTEE REPORT: 1. Site Description 1.1 The application site is located in a predominantly residential area on the south east side of Broad Lane South. The application site consists of approximately 50% of the rear garden of No. 40 Broad Lane South. The site is rectangular in arrangement, the site would be accessed from a new driveway created for six new properties which were approved under application reference 06/01577/FUL. 1.2 The site backs onto public open space in Walsall. 1.3 The application site is level and grassed with boundary shrubbery. There is a substantial tree and shrub screen to the rear of the site. 2. Application Details 2.1 The application is for the construction of one dormer bungalow and double garage set to the frontage of the dwelling. 2.2 The proposed new dwelling would be positioned between an existing bungalow (38C Broad Lane South) and a new two storey dwelling which has been recently constructed. 2.3 The proposed dormer bungalow has been specifically designed in consideration of the dwellings on either side. It would consist of brickwork to the ground floor in consideration of the adjacent bungalow at 38C and the first floor would be in the roof space with small dormer projections attached at front and rear to give it more height to relate to the two storey dwelling immediately adjacent to the left. This would provide an appropriate stepping up along the street frontage. 2.4 The proposed dwelling would be accessed from a newly constructed driveway from Broad Lane South which serves the six new dwellings recently constructed and approved under application reference 06/01577/FUL. 4 3. Planning History 3.1 There is relevant planning history to the development at this site which includes a larger site where the development of six new dwellings are being completed. The relevant history is as follows:- y Application 05/0638/FP/M, development of nine x 5 bedroomed detached dwellings and five x 4 bedroomed detached dwellings - application withdrawn on 28 June 2005. y Application 05/1455/FP/M for the development of seven x 5 bedroomed detached dwellings and four x 4 bedroomed detached dwellings - refused by Planning Committee on 25 October 2005. The Applicants appealed against the Council’s decision and the Inspector dismissed the appeal. y Application 06/0177/FUL for the development of six, 5 and 6 bedroomed dwellings, the application was reported to Planning Committee on 4 September 2007 where it was resolved to grant planning permission. The current application site was not included in this latter application. y Application 08/00446/FUL for the development of one detached dwelling - application withdrawn on 23 September 2008. y Application 08/01276/FUL for the development of one detached dwelling, application reported to Planning Committee on 6 January 2009, where it was resolved to refuse the application. The Applicants have appealed against this decision and this is being processed. 4. Constraints 4.1 The only constraint identified in respect of redevelopment on this garden land is the ecological interest in respect of possible use of the site by Great Crested Newts. 5. Relevant Policies 5.1 Relevant UDP Policies include: Policy D1: Design Quality Policy D3: Urban Structure Policy D4: Urban Grain Policy D6: Townscape and Landscape Policy D7: Scale-Height Policy D8: Scale-Massing Policy D9: Appearance Policy D10: Community Safety Policy D13: Sustainable Development (natural resources and energy use) Policy N1: Promotion of Nature Conservation Policy N5: Protection of Sites of Local Importance for Nature Conservation and Landscape Features of Value for Wildlife or Geology Policy N7: The Urban Forest Policy N9: Protection of Wildlife Species Policy H1: Housing Policy H6: Design of Housing Development Policy AM10: Provision for Cyclists Policy AM12: Parking and Servicing Provision 5 5.2 PPS1: Creating Sustainable Development and PPG3: Housing are also relevant. 6. Publicity 6.1 In response to the publicity of the application, seven letters of objection have been received and a request from the residents of 38C Broad Lane South to speak at Planning Committee. The reasons for objection include the following:- y Loss of privacy. y Loss of sunlight and daylight. y Overdevelopment of the site. y Bungalow unattractive in street scene. y Unacceptable proximity to adjacent dwellings. y Impact on outlook. y Too many vehicles/vehicular movements on Broad Lane South. y Traffic congestion and traffic safety. y Inadequate parking arrangements. y Out of character. 7. External Consultees 7.1 Severn Trent Water confirm no objection subject to the inclusion of a planning condition in respect of the submission of appropriate drainage details. 7.2 The Wildlife Trust for Birmingham and the Black Country confirm the presence of Great Crested Newts on adjacent land and that appropriate mitigation measures will be required prior to development. 7.3 Natural England confirm that as a mitigation strategy has been prepared for the development of this site and that a Natural England European Protected Species Licence has been issued, Natural England has no objection to this application subject to the Council securing, through the development control process, a Great Crested Newt mitigation scheme that is either the same as or equates to the one prepared in connection with the previous application. 8. Internal Consultees 8.1 Environmental Services request a condition in regard to the operational hours of building works being restricted to 0800 to 1800 Monday to Friday and 0800 to 1300 Saturday and at no time on Sundays or Bank and Public Holidays. 8.2 Landscape confirm that the proposed development would not have a significant impact on the general environment. 8.3 Transportation confirm that the proposed garage is of appropriate dimensions to accommodate two cars and at least a further two cars could be parked within the curtilage of the property. This provision meets the anticipated parking demand for the property. They reiterate their preference for an access road to adoptable standards but a refusal reason based on highway safety grounds could not be sustained. Transportation also note that the private access road for the existing six properties is incomplete and the visibility splay to the south is obstructed by part of the front garden to 42 Broad Lane South. 6 9. Appraisal 9.1 The key considerations in this case are as follows:- y The principle of backland development. y Impact on neighbouring dwellings. y Impact on trees and nature conservation. y Transportation and access arrangements. Principle of Backland Development 9.2 The surrounding area predominantly consists of dwellings fronting onto main roads. However, there are now several examples of backland development along Broad Lane South, and more importantly, immediately adjacent to the site, there are the properties numbered 38A, B and C Broad Lane South and the recently constructed development of six dwellings to the rear of 44 Broad Lane South. In fact, this piece of land is somewhat of an oddity in not being developed and quite reasonably provides a plot of land to support a large detached bungalow whilst retaining adequate private amenity space for the new proposal and the existing dwelling, No. 40 Broad Lane South. The development would accord with government policy and make more efficient use of land in built up areas as required in Planning Policy Guidance Note No. 3: Housing (PPG3), without harming the character and appearance of the area. Impact on Neighbouring Residents 9.3 This application is a re-submission for a dwelling house in this location following the refusal of application 08/01276/FUL. With regard to architectural design and scale, the proposed new dwelling has been designed taking into consideration the immediately adjacent dwellings No. 38C Broad Lane South and No. 5 Heathfield Gardens. The proposed dormer design would create an appropriate stepping effect in the street scene stepping up from the bungalow at 38C to the full two storey height of the detached house at plot 5.
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