Appeal Decision: Appeal Dismissed
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ROTHERHAM METROPOLITAN BOROUGH COUNCIL PLANNING REGULATORY BOARD PLANNING AND REGENERATION SERVICE REPORT TO COMMITTEE 9TH OCTOBER 2008 Item 1 Ref. RB2007/1661 Appeal Decision: Appeal Dismissed. Appeal against a refusal of planning permission for the demolition of existing building and erection of a three storey building to form 9 No. apartments and associated parking on land at Moorgate Grove, Moorgate. Recommendation:- That the decision to dismiss the appeal be noted. Background In August 2007 a planning application (RB2007/1661) was submitted to demolish the existing house and erect a three storey building to form 9 residential apartments. The scheme involved the felling of a number of mature trees and the provision of a substantial front parking area. Members will recall the application being refused in October 2007 at Planning Board. The reasons for refusal were as follows: 01 The Council considers that the proposed development, by reason of its scale, mass and siting forward of the established neighbouring building line, is out of character in the street scene, detracting from the visual appearance of the area, and would conflict with the visual amenities of the locality and is contrary to Unitary Development Plan policy ENV3.1 'Development and the Environment.' 02 The Council also considers that the proposal represents overdevelopment of the site as the car parking area and the main three storey block and the two storey block to the rear of the site, covers more than 50% of the site area. This is out of character with the surrounding dwellings which are characterised by low density units with substantial rear gardens area and is contrary to Unitary Development Plan policy ENV3.1 'Development and the Environment.' 03 The Council further considers that the proposed vehicular access into the site, and front car parking area would result in a loss of mature trees which are considered to provide a high level of amenity to the surroundings and their loss is considered to be contrary to Policy ENV3.1 ‘Development and the Environment’ and ENV3 ‘Borough Landscapes’. 04 In addition the Council considers that the proposal, if implemented, would generate additional vehicular traffic along Moorgate Grove, which is of restricted width and lacking in separate pedestrian provision, to the detriment of pedestrian safety, particularly children walking to and from the schools in the vicinity and would be contrary to UDP Policy ENV3.1 ‘Development and the Environment’. 05 The Council further considers that the proposal, if implemented, could encourage the submission of further applications of a similar nature at other sites along Moorgate Grove. Such applications would become progressively more difficult to resist and would exacerbate the pedestrian safety problem referred to above. I have now been informed that a subsequent appeal against the refusal has been dismissed. The main issues on which the appeal was decided by the Inspector were as follows: • Whether the appeal project would harm the appearance of the street scene. • Whether the proposal would add to danger for pedestrians on Moorgate Grove. In terms of whether the appeal would harm the appearance of the street scene the Inspector noted that the proposed building would be much more obvious in the street scene than the existing house is. Whilst the Inspector conceded that there are a “mix of forms and styles of development on Moorgate Grove, with dwellings randomly spread about their curtilages”, he was of the opinion that what is proposed would be at odds with the nearby housing development on this road. In particular, “the magnitude of development proposed including the combination of footprint, height and proximity to the road” was the main issue in the Inspector leading to his conclusions. Whilst the Inspector agreed with the appellant that the trees on the appeal site could be felled without the Council’s approval, he was of the opinion that “changes to the local scene in the foreseeable future arising from events beyond planning control are likely to be slow and not amount to very much – in contrast to the major change that the appeal project comprises”. On highway safety issues the Inspector noted that the proposed apartments could generate significant levels of vehicular traffic. Whilst the Inspector agreed with the appellant that vehicle speeds will tend to be low, the Inspector was of the opinion that this is not a road where a significant increase in traffic generation of the sort that would arise from the appeal project ought to be allowed. The Inspector concluded that the proposal was potentially dangerous on highway safety grounds due to the mix of pedestrians, no footway, and a narrow carriageway with potentially large vehicles having to reverse to make use of the limited passing opportunities. On other issues the Inspector agreed with the Council that the appeal site is in a sustainable location but was of the opinion that this by itself does not justify this project which would both harm the street scene and compromise pedestrian safety. Overall and having regard to all other matters raised, the Inspector concluded that the appeal should be dismissed on the grounds of impact on the street scene and on highway safety issues. Item 2 (Ref.RB2006/2066) Application for Lawful Development Certificate re Existing Use of Premises for Processing and Recycling of Scrap Metal at Hillbrook Works, Ulley Lane, Aston, For Sims Group U.K. Ltd. Recommendation:- That a Certificate of Lawfulness be granted for the following reason:- It is considered that the applicants have shown on the balance of probability that the use of the site as a metal recycling facility, has been carried out at the currentth level of activity (40,000 tonnes per year) for a period of ten years before the 27 October 2006. First Schedule:- 1. Use of the land and buildings within the red edge on the attached plan for the processing of 40,000 tonnes of scrap material per year, including the sorting, grading and processing of ferrous and non-ferrous metal scrap including manual sorting of scrap, use of mechanical plant, hot cutting and bulking up, the storage of end of life fridges (for treatment elsewhere) and processing end of life vehicles and WEE wastes (electrical equipment). 2. The use of the land hatched purple on the attached plan for the purposes of the storage and processing of ferrous materials, non ferrous materials, End of Life Vehicles, and Waste Electrical Equipment at a height not exceeding 12m. 3. The use of the land, shown Green on the attached plan for the storage and processing End of Life Vehicles, tyres end of life residues, ferrous and non ferrous material and waste electrical equipment at a height not exceeding 3.5m. 4. Use of the land shown blue on the attached plan for the storage and processing of ferrous and non ferrous materials, waste electrical equipment, and tyres at a height not exceeding 5m. 5. The use of the land cross hatched red on the attached plan for the use of storage and processing of batteries, waste electrical equipment, ferrous and non ferrous materials at a height not exceeding 3.5m. 6. Operating hours of: (i) 07:30 hrs to 17:00 hrs Monday to Friday. (ii) 07:30 hrs to 11:30 hrs on Saturdays. Second Schedule:- Land at Hillbrook Works, Ulley Lane, Aston (edged red on attached plan). Background The site has a long established use as a scrap yard, and has been the subject of a number of applications in the past. Planning permission to continue the use of the site for vehicle dismantling, repair and reconditioning, the production of scrap metal and motor spares and spares trading was granted in 1952. At that time it was declared that the land had been used as such since 1934 (RHD/663). Permission was subsequently granted for the development of workshops and garages in 1953 (RH1953/1031) In 1984 permission was granted for the change of use of a ground floor room of a dwelling at the entrance to the site to allow for the expansion of the site offices (RB1983/1638). A Lawful Development Certificate for existing use of land as a metal recycling facility was refused in January 2006 (RB2005/0332) for the following reason:- “It is considered that insufficient evidence has been submitted to demonstrate, on the balance of probability, a continuous use of the site as a metal recycling facility (for sorting, grading and processing of ferrous, non ferrous metals, batteries, refrigeration units, waste electrical equipment and end of life vehicles) at the current level of activity for the ten years prior to the submission of the current application on 21 February 2005. As such the Local Planning Authority is not satisfied that the use as described above is lawful.” Two current planning applications are also considered on this agenda. 1. RB2006/1307 application for planning permission for the erection of 6 floodlighting columns 2. RB2004/ 824 Erection of building for car dismantling and two security lights. All applications have been held in abeyance pending the submission of further details and clarification relating to the extent and level of operations at the site. All applications have been held in abeyance pending the submission of further details and clarification relating to the extent and level of operations at the site. An application for a Lawful Development Certificate requires the applicant to demonstrate, on the balance of probability (not beyond all reasonable doubt), that the use defined has been carried out at the levels defined for a continuous period of at least 10 years prior to the date of the submission of the application (in this instance 27 October 2006).