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Newlands Road – Outline Application for the Erection of 394 Residential Units with Associated Open Space, Landscaping and Car Parking

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Newlands Road – Outline Application for the Erection of 394 Residential Units with Associated Open Space, Landscaping and Car Parking AGENDA ITEM 11 COMMITTEE: DEVELOPMENT CONTROL DATE: 23RD MAY 2017 SUBJECT: LAND ADJACENT TO CADDINGTON ROAD AND NEWLANDS ROAD – OUTLINE APPLICATION FOR THE ERECTION OF 394 RESIDENTIAL UNITS WITH ASSOCIATED OPEN SPACE, LANDSCAPING AND CAR PARKING. APPROVAL OF RESERVED MATTERS RELATING TO (APPEARANCE, LANDSCAPING, LAYOUT AND SCALE) HOUSES OF PLANNING PERMISSION 14/01609/OUT DATED 26TH MARCH 2015. (APPLICANT: TEMPLEVIEW DEVELOPMENTS LTD) (APPLICATION NO: 17/00319/REM) REPORT BY: DEVELOPMENT CONTROL MANAGER CONTACT OFFICER: DAVID HALL 546317 IMPLICATIONS: LEGAL COMMUNITY SAFETY EQUALITIES ENVIRONMENT FINANCIAL CONSULTATIONS STAFFING OTHER WARDS AFFECTED: FARLEY PURPOSE 1. To advise Members of a current application for approval of reserved matter, and to seek their decision. RECOMMENDATION(S) 2. Development Control Committee is recommended to approved subject to the condition set out below:- 1. Condition 2 of permission 14/01609/OUT dated 26th March 2015 is hereby discharged in relation to the reserved matters relating to layout, scale, appearance and landscaping as shown on the submitted drawings: BE/1385/16/PL02; /PL03; BE1385/16/PL101; /PL102; /PL103; /Pl104; /PL105; /PL106; /PL107; /PL108; /PL109; /PL110; /PL111; /PL112; /PL113; /PL114; /PL115; /PL116; /PL117; /PL118; /PL119; /PL120; /PL121; /PL122; /PL123; /PL201; /PL202; /PL203; /PL204; /PL205; /PL206; /PL207; /PL208; /PL209; /PL210; /PL211; /PL212; /PL213; /PL214; /PL215; /PL216; /PL217; /PL301; /PL302; BE1385/17/PL01 Rev.A; BE1385/23M/001; 6121 Landscape Management Plan; 6121/ASP1.0; /ASP1.1; /ASP1.2; /ASP1.3; /ASP1.4; /ASP2.0; /ASP2.1; /ASP2.2; /ASP2.3; /ASP2.4; LP01: LP02; and LP03. REPORT The Site and Surroundings 3. The application site is a long, almost rectangular area of land, which has a central pinch-point on its eastern side. It measures approximately 2.5 hectares in area and comprises a pair of semi-detached cottages and ancillary buildings at its northern end. A balancing pond for the M1 stands just outside the site on its north-western side. It is otherwise undeveloped and covered by various trees (notably small protected woodland adjacent to the northern boundary), hedges, shrubs and wild grass. A dry drainage ditch also crosses the site from west running east to the Farley Pond on the opposite side of Newlands Road. The land levels are such that there is a noticeable gradient falling from its south- western corner and western side down to Newlands Road to the east. 4. The site is bounded by the Caddington Road highway and residential areas to the north, the Newlands Road highway and Stockwood Park to the east, Luton Rugby Club grounds to the south and the M1 to the west. Relevant Planning History 5. Planning permission was granted on the site in 1997 for the erection of a bowling alley with associated car parking. Whilst the permission was deemed to have been implemented following the establishment of the site access, no further development has taken place. A Certificate of Lawfulness was approved in early June 2012 to confirm that this is the lawful proposed use of the site. 6. An application for residential development of the land was made in 2011 (ref: 11/00890/OUT) but this was withdrawn prior to it being determined. The application was then resubmitted (12/00136/OUT) and was refused on four grounds namely issues relating to design, the unsustainable nature of the development (in the form of a lack of affordable housing and a lack of financial contribution to be paid towards infrastructure improvements, which would have a detrimental impact on the town) and a failure to demonstrate appropriate levels of air-quality on the site. 7. The applicant subsequently appealed against the decision and following a Public Inquiry lasting 9 days, the Planning Inspector dismissed the appeal on the grounds of poor design and a lack of financial contributions towards infrastructure improvements, in the absence of which would lead to social issues in the town. 8. Notwithstanding the dismissed appeal, the Inspector did find that with development of the land, came significant abnormal costs (largely the need to move two gas mains crossing the site). As a consequence of these costs, the viability of the development was affected and the Inspector ruled that as the NPPF allows for flexibility in such cases it would not be appropriate to seek affordable housing as part of the proposals. The Council’s reason for refusal relating to air-quality was resolved with officers from Environmental Protection prior to the Inquiry and therefore was not a matter of dispute before the Inspector. 9. Following detailed discussions with the Local Planning Authority the applicant submitted a further application seeking outline consent on the land to the southeast of the drainage ditch running across the site (14/00015/OUT). This provided a much improved scheme than those previously resisted on the land and took into account the Appeal Inspector’s assessment of development of the land. The application was for 234 residential apartments with associated parking and was approved by Members at their Meeting of 23 July 2014. 10. A further outline planning permission was granted under reference 14/01609/OUT for 394 residential units with associated landscaping and car parking. This scheme comprised 15 blocks of residential apartments varying from 2 – 5 storeys in height. This scheme retained the underground parking and included 4 storey elements adjoining the M1 motorway. 11. Most recently an application was submitted under reference 16/01146/FUL for development of land for residential purposes, comprising the erection of 139 x one bedroom, 221 x two bedroom and 48 x three bedroom flats, 2 A1/A3 commercial units residential open space, landscaping and car parking. Planning permission was refused on the basis of the excessive nature of the scale mass and bulk of the proposed development. The Proposal 12. The application seeks approval of the reserved matters of appearance, landscaping, layout and scale in accordance with indicative details approved under outline permission 14/01609/OUT, as required by Condition 2. Planning Policy National Planning Policy Framework (NPPF) 13. The National Planning Policy Framework (NPPF) was published in March 2012. It sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions and is referred to appropriately in the report. 14. At paragraphs 186 and 187 of the Framework, it advises that Local Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. In this case the application has raised no significant issues such that would necessitate further dialogue or ongoing discussions. Luton Local Plan 2001-2011 15. The site has no designation on the Local Plan Proposals Map. The relevant policies and their assessment are dealt with in the ‘Main Planning Considerations’. The policies that are relevant to the proposal are LP1, ENV9 and ENV10. 16. Policy LP1 sets out a sustainable development strategy. 17. Policy ENV9, amongst other things, expects proposals to respect the character and appearance of an area, existing landforms and natural features, and the scale and proportion of existing buildings within the street scene. 18. Policy ENV10 considers landscaping proposals for all new developments. Emerging Luton Local Plan 2011-2031 19. The emerging Local Plan has been through the Examination in Public process, and the proposed Modifications published it is anticipated that the Plan would be adopted in early to mid-2017. The policies contained within that plan are afforded some weight in the decision-making process, albeit that the current Luton Local Plan 2001-2011 continues to form the predominant development plan for the Borough, where it is consistent with the policies of the NPPF.. In so far as the emerging Local Plan is concerned the weight to be given to the emerging plan is as set out in Paragraph 216 of the NPPF. To this extent the proposals will be considered against these policies, since they are consistent with the NPPF, notwithstanding that the Luton Local Plan 2011 – 2031 has yet to be adopted. 20. In so far as the emerging Luton Local Plan (2011 – 2031) is concerned the site is identified on the Proposals Map as a Housing Allocations Site. The relevant policies are LP!, LP25 and LP29 21. Policy LP1 sets out a presumption on favour of sustainable development 22. Policy LP25 requires buildings and spaces to be of high quality design, with distinctive character, in particular development should make provision to enhance the character of the area by responding positively to the townscape, street scene, site and building context, form, scale, height pattern and materials, distinctiveness and natural features. In addition the policy also seeks to protect important views. 23. Policy LP29 addresses Landscape and Geological Conservation, and identifies Stockwood Park as an Area of Great Landscape Value (AGLV), the policy seeks to support development proposals where they protect, conserve and enhance the character and setting of such designations. Equality Implications 24. No disproportionate effect on people with protected characteristics has been identified. Consultation Responses 25. LBC Highways Authority: No comments received. Any comments received will be reported at the Meeting. 26. LBC Environmental Protection: No comments received. Any comments received will be reported to the Meeting. 27. LBC Environmental Assessment: No response has been received.
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