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 to the east, 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. Any comments made will be reported at the Meeting.

28. LBC Arboriculture Officer: Has advised on the proposed removal of the protected woodland and on suitable mitigation for this. Has provided comments and advice on the indicative planting proposals.

29. Police Architectural Liaison Officer: No response has been received. Any comments made will be reported at the Meeting

30. Highways Agency: Has no objections to the proposed development.

31. Environment Agency: Has no objection to the proposed development.

32. Thames Water: No Comments received. Any comments received will be reported to the Meeting

33. Affinity Water: Informative advice has been provided and no objections have been raised.

34. London : Has raised no objections but requests that the Applicant’s attention is drawn to Lighting, Advice Note 3 “Potential Bird Hazards from Amenity Landscaping and Building design, as well an informative on craneage, and aircraft descent patterns.

35. Central Beds Council: Given the location of the site on the urban edge of Luton, the reduced height and scale of the development is welcomed. The principle of high density development is supported by Central Council in view of the housing requirement for Luton and the need to make maximum use of Luton’s urban capacity, both to meet housing need closest to its source and to reduce pressure on the surrounding Green Belt.

36. National Grid: Has provided advice with respect to development around the gas mains that cross the site.

37. Health and Safety Executive: No response has been received. Any comments made will be reported at the Meeting.

38. County Archaeology: Identifies the site as having some archaeological interest and a condition has therefore been imposed on the outline planning permission seeking a scheme of archaeological investigation.

39. Statutory Publicity: The application has been notified to 170 adjoining occupiers and site and press notices have been issued. Amongst those notified were the Parish Councils of Caddington and Slip End. One letter of representation has been received raising the following concerns:

MAIN PLANNING CONSIDERATIONS

40. The Outline application provided full details which related solely to the site access. 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 is now sought.

41. Accordingly, the matters that fall to be considered relate to appearance, landscaping, layout and scale . Appearance, Scale, Layout

42. Historically, the concept of the layout follows from the scheme for which planning permission currently exists. For the Members information, the existing approval that covered the majority of the current application site to the south of the drainage ditch crossing the site (referred to in paragraph 9 (14/00015/OUT)) is largely unchanged.

43. In order to create legibility into the site, the entrance is to be defined by buildings flanking either side of the highway. These buildings (A1/F1 and A2/F2)) will be of a modest 2/3 storey scale and will have multiple aspects overlooking all elements of the entry into the site. These buildings are then flanked with similar designed buildings of the same scale and appearance that will have an active frontage onto Newlands Road, including private terraces for the second floor units, which will offer future residents with uninterrupted views across Stockwood Park. The design, scale and appearance of these buildings are considered to demonstrate an acceptable response to their key position directly opposite the Country Parkland.

44. When development proposals initially came forward for the site and were subsequently assessed at the Public Inquiry in 2012 a significant concern raised by the Inspector in her decision related to the development proposals for the southern end of the site. Originally a building of significant urban scale was proposed adjacent to the open playing fields belonging to the Luton Rugby Club, which, she indicated, was abrupt and intrusive and made no concession to the open nature of the land beyond or opposite. In order to counter this concern and to ease the development into the more rural nature of its surroundings, the applicant has chosen to keep the site open at this end and provide an area of land that can be landscaped and utilised by future occupiers as an area of meaningful open space.

45. The blocks adjacent to the western boundary, adjoining the motorway, have been set at four storeys in height, and for the large part the building design will be mirrored and replicated (the ‘C’ Blocks). Due to the scale of the motorway embankment any buildings in this location will need to offer some visual weight otherwise they would be lost in their setting. Therefore the predominant four- storey scale of these buildings is considered to be an appropriate design response. Some variation to the design has been made by the inclusion of ‘bonnet’ extensions, which will provide one additional flat at a fifth storey level. The bonnets will be recessed into the building footprints and will be more lightweight in appearance with there impact on the general scale and bulk of the buildings being minimal.

46. The C blocks are adjoined by Block D1 along the rear of the site, which are four and five storeys in height. This stands opposite to the entrance into the site and will act as a visual stop to vehicles and pedestrians entering. Its general scale is supported by the inclusion of balconies to its upper levels, which will provide an element of activity to the street scene. Future occupiers of these buildings will also benefit from wider views across the parkland to the east.

47. The area of land to the north of the dry drainage ditch will accommodate 3 additional buildings, which will be located to the north and east perimeter of the site adjacent and fronting on to Caddington Road and Newlands Road. The building to be located on the corner of the site (A3/A4/F3) will be predominantly 3/4 storeys in height with an additional floor on each section, which will be recessed from the main footprint and of a more lightweight construction. By virtue of the land gradient in this location this building will be set below the level of the public highway, which will bring its height down. Nevertheless achieving some visual prominence will be important for this building as it will be a visual stop at the end of Farley Hill as it intersects the junction with Caddington Road and Newlands Road.

48. The two remaining buildings will both be 4 storeys in height and will be appropriate given their context, standing adjacent to the large development on the opposite side of Caddington Road (“Farley Fields”). The biggest consideration for the acceptability of these blocks is the loss of woodland (approximately 40 trees benefitting from a group TPO) that would be necessary. The loss of these protected trees was accepted as a matter of principle at the time the outline application was agreed. That position had been taken against the background of a comprehensive inspection and report undertaken by the applicant at that time, the findings of which were supported by the Council’s Aboricultural Officer. Many of the trees within the group were found to be dead or dying and suffering from bleeding canker. As a result they are in poor condition and have a limited life expectancy.

49. In so far as replacement planting is concerned, there will be planting along the frontage with Luton Road, with a good level of additional trees being planted across the site. In order to retain some visual prominence an avenue of trees has been suggested along Caddington Road to the front of the proposed building blocks, which will be of an appropriate species (e.g. Fastigiate Oak).

50. The details of the proposed development provide building groupings around a central spine road, and, given the fact that the proposals follow the details provided and the proposals as previously advised, would provide a development sympathetic to the linear nature of the site. Whilst there are a number of individual buildings within the development, they layout and the scale and mass provides an acceptable development appropriate in context with the locality.

51. The undercroft parking arrangement is discreet, and avoids large areas of car parking, offering an opportunity to maintain an openness, and maximising the opportunity for landscaping to be provided. 52. In terms of the appearance the proposed development considers its context and provides a design which is consistent with its context the proposed development would in visual terms be acceptable.

53. The proposed development is therefore acceptable in the context of LP1, ENV9 and ENV10 of the Adopted Local Plan and Policies LP1 and LP25 of the Emerging Local Plan.

Landscaping

54. Reference has been made previously the foregoing narrative to the planting of trees on the site’s northern boundary; there is in fact a significant amount of tree planting proposed throughout the site. The extent of this planting proposed is substantial and the extent of tree planting together with the soft landscaping and grassed areas, will enhance the appearance and setting of the site, the net effect will be that the amenity areas within the site will enhance the visual amenity of the site both internally and externally.

55. The Landscape Plan Management will ensure that the development is suitably and appropriately maintained. Accordingly the development is consistent with ENV10 of the Adopted Local Plan and Policy LP29 of the Emerging Local Plan

CONCLUSIONS

56. The plans submitted for consideration present an acceptable form of development, and the details for subsequent approval are considered acceptable achieving a suitable response to its surroundings, resulting in an acceptable impact on the street scene and the adjoining occupiers.

57. Tit is recommended that outline planning permission is granted in this instance.

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

58. Luton Local Plan 2001–2011

59. National Planning Policy Framework (NPPF)

60. National Planning Practice Guidance (NPPG)

61. Strategic Housing Market Appraisal (SHMA)

62. Strategic Housing Market Appraisal (SHMA) Update 2012

63. Strategic Housing Land Availability Assessment (SHLAA)

64. Affordable Housing Viability Study by Three Dragons (April 2013)

65. Supplementary Planning Document: Planning Obligations.

66. Planning application 11/00890/OUT (withdrawn)

67. Planning application 12/00136/OUT (refused)

68. Planning Permission 14/00015/OUT

69. Appeal Decision APP/B0230/A/12/2184128 dismissed 08.08.13

DETERMINATION OF PLANNING APPLICATIONS

70. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise

HUMAN RIGHTS ACT 1998

71. The determination of the applications which are the subject of these reports is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and 2. Article 1 of the First Protocol: Protection of Property

72. The evaluation section of each report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

73. In reaching the recommendations set out in each report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

74. In dealing with planning applications on this agenda and in reaching the recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.