COMMITTEE REF:
REF: DCC/05A/20
NOTICE OF MEETING
COMMITTEE : DEVELOPMENT CONTROL COMMITTEE
DATE : THURSDAY, 28 MAY 2020
TIME : 17:00
PLACE : VIRTUAL MEETING VIA *SKYPE ,
COUNCILLORS: TAYLOR (CHAIR) FRANKS AGBLEY (VICE CHAIR) A. HUSSAIN ALI M. HUSSAIN BRIDGEN RIVERS CAMPBELL ROCHE DONELON
QUORUM : 3 MEMBERS
Eunice Lewis (01582 547149) Email eunice.lewis@luton.gov.uk
Skype Meeting Link
INFORMATION FOR THE PUBLIC
PURPOSE: This Committee determines applications for planning permission; applications for consent to the display of advertisements; and applications for Hazardous Substances Consent. It also has authority to authorise action in respect of any breach of planning control
*SKYPE: During the Covid 19 emergency period, this meeting will take place virtually, via Skype. To access the meeting, please click on the link to the meeting above.
Page 1 of 187
AGENDA
Agenda Subject Page Item No.
1 APOLOGIES FOR ABSENCE
2 MINUTES (TO BE SIGNED IN DUE COURSE)
1. Minutes - 6th May 2020 4 - 16
3 SECTION 106, LOCAL GOVERNMENT FINANCE ACT 1992 Those item(s) on the Agenda affected by Section 106 of the Local Government Finance Act 1992 will be identified at the meeting. Any Members so affected is reminded that (s)he should disclose the fact and refrain from voting on those item(s).
4 DISCLOSURES OF INTEREST
Members are reminded that they must disclose both the existence and nature of any disclosable pecuniary interest and any personal interest that they have in any matter to be considered at the meeting unless the interest is a sensitive interest in which event they need not disclose the nature of the interest.
A member with a disclosable pecuniary interest must not further participate in any discussion of, vote on, or take any executive steps in relation to the item of business.
A member with a personal interest, which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgment of the public interest, must similarly not participate in any discussion of, vote on, or take any executive steps in relation to the item of business.
Disclosable pecuniary interests and Personal Interests are defined in the Council’s Code of Conduct for Members and Co-opted members.
5 URGENT BUSINESS The Chair to report on any business which is considered to be urgent and which should be discussed at the meeting in accordance with Section 100B(4)(b) of the Local Government Act 1972 and to determine when, during the meeting, any such business should be discussed.
6 REFERENCES FROM COMMITTEES AND OTHER BODIES
SERVICE ISSUES
Page 2 of 187 7 MANOR COURT, MANOR ROAD, LUTON 17 - 27 (Report of the Head of Development Management)
8 BARNFIELD COLLEGE (OUTLINE RESIDENTIAL 28 - 65 APPLICATION), NEW BEDFORD ROAD, LUTON (Report of the Head of Development Management)
9 BARNFIELD COLLEGE (FULL REDEVELOPMENT 66 - 106 APPLICATION), NEW BEDFORD ROAD, LUTON (Report of the Head of Development Management)
Deposited Plans and Applications for Planning Permission and Other Proposals (Development Control Manager Report):
10 DEPOSITED PLANS & APPLICATIONS FOR 107 - 107 PLANNING PERMISSION AND OTHER PROPOSALS (Report of the Head of Development Management)
10.1. 124 CRAWLEY GREEN ROAD, LUTON 108 - 153 (Report of the Head of Development Management)
10.2. MORRIS CLOSE AND NORTHWELL DRIVE, 154 - 168 LUTON (Report of the Head of Development Management)
10.3. WOODBURY, WOODBURY HILL PATH, 169 - 187 LUTON (Report of the Head of Development Management)
11 LOCAL GOVERNMENT ACT 1972, PART VA To consider whether to pass a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting during consideration of any item listed above if it is likely that if members of the public were present during those items there would be disclosure to them of exempt information falling within the Paragraphs of Part 1 of Schedule 12A to the Local Government Act 1972.
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AGENDA ITEM
2.1
DEVELOPMENT CONTROL COMMITTEE
6th May 2020 at 6.00 P.M.
PRESENT: Councillor D. Taylor (Chair), Councillors Agbley, Ali, Bridgen, Campbell, Donelon, Franks, A. Hussain, M. Hussain, Rivers and Roche.
(Note: That due to technical issues, Councillor Agbley (Vice-Chair) Chaired the Committee for Agenda Item 8 only).
35. MINUTES (REF: 2.1)
That subject to the inclusion at Minute 34/20 with the following recommendation:
“(ix) That notification be put on the Councils Website and Planning Portal that the residents can contact their Local Ward Councillor if they have concerns relating to a particular Planning Application.”
the Minutes of the meeting of the Committee held on 26th February 2020 be taken as read, approved as a correct record and signed by the Chair.
36. NO. 7 OLD BEDFORD ROAD, LUTON (REF: 7)
The Development Management Officer reported on Application No. 19/01358/FUL submitted by Mr Nehal Patel, Mansee Investments Limited, for planning permission in relation to the erection of a seven storey building comprising of 16 flats, 5 x one bed and 11 x two bed flats at No. 7a Old Bedford Road, Luton.
She further reported that 26 properties had been notified of the application, a site notice and a press notice had also been issued. One letter of representation in objection to the proposal had been received.
An update to the report was circulated to Members in advance of the meeting.
Resolved: i) That Application No. 19/01358/FUL be granted, subject to the conditions and their reasons set out below and reasons for approval as set out in the report, and subject to the satisfactory completion of a s106 agreement which will include a contribution towards the ongoing monitoring of air quality in the area and a post construction review mechanism which will allow the viability of the scheme to be reassessed based on actual costs following the sale/rent of 50% of the dwellings. If there are any improvements in the viability of the scheme following the post construction review, any additional monies will go towards education in the first instance and then affordable housing:
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(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission. (Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.)
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan and document numbers: 18079SU1.01 Rev C, 18079SU1.02 Rev B, 18079wd2.02 Rev E, 18079wd2.03 Rev E, 18079wd2.04 Rev D, 18079wd2.05 Rev D, 18079wd2.08. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.)
(03) The construction of the surface and foul water drainage system shall only be carried out in accordance with details to be submitted to the Local Planning Authority in writing for approval before the development is commenced. The system should be based on the flood risk assessment and SuDS Strategy in relation to proposed residential development by Marks Heeley Ltd 11.12.2019 and shall be implemented in full prior to the first occupation of the development hereby approved. (Reason: To prevent an increased risk of flooding and surface and ground water pollution and to be agreed with Affinity Water.)
(04) The development hereby approved shall not be commenced until full details of a scheme for mechanical ventilation, to include details of the operating of the system and its maintenance and details of non-opening windows for the ground floor flats, has been submitted to the Local Planning Authority in writing for approval. The scheme thereby approved shall be implemented in full prior to the occupation of any residential unit and maintained for as long as the development remains in existence. (Reason: To ensure a satisfactory living environment is achieved for future occupiers.)
(05) Prior to the commencement of the development, a detailed Construction Management Plan (CMP) shall be submitted to the Local Planning Authority in writing for approval , and the plan shall include the following:
a) The construction programme and phasing b) Hours of operation, delivery and storage of materials c) Details of any highway works necessary to enable construction to take place d) Parking and Loading arrangements e) Details of hoarding f) Management of traffic to reduce congestion g) Control of Dust and Dirt on the public highway h) Details of consultation and complaint management with local businesses and neighbours i) Waste management proposals j) Mechanisms to deal with environmental impacts such as noise and vibration, air quality and dust, light and odour k) Details of any proposed piling operations, including justification for the
Page 5 of 187 proposed piling strategy, a vibration impact assessment and proposed control and mitigation measures
All works shall be carried out in accordance with the approved CMP thereafter. (Reason: In the interests of highway safety and control of environmental impacts.)
(06) No above ground development shall take place until a scheme for protecting the proposed dwellings from noise from road and rail traffic has been submitted to the Local Planning Authority in writing for approval. The scheme shall follow the recommendations identified in the Spectrum Acoustics report (Ref: PJB8758/19288 rev.1) dated 9th October 2019. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter. (Reason: To protect the amenity of future occupiers of the development.)
(07) Prior to first occupation of any part of the development, refuse and recycling management plan, including management responsibilities and maintenance schedules for all processes and relevant areas, shall be submitted in writing to the Local Planning Authority for approval. The refuse and recycling management plan shall be carried out as approved from first occupation/use and retained for the lifetime of the development. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area and future residents.)
(08) A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to the Local Planning Authority in writing for approval. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained, post-development, for monitoring purposes will be secured, protected and inspected. The scheme as approved shall be implemented prior to the occupation of any part of the permitted development. (Reason: To ensure that a sufficient monitoring network is maintained to allow for the completion any monitoring required as part of a verification plan, to demonstrate “betterment” or that no deterioration has occurred and to ensure that redundant boreholes are safe and secure, and do not cause groundwater pollution or loss of water supplies.)
(09) Piling, deep foundations or other intrusive groundworks (investigation boreholes/tunnel shafts/ground source heating and cooling systems) using penetrative methods shall not be carried out other than with the written consent of the local planning authority. The development shall be carried out in accordance with the approved details. (Reason: To ensure that the proposed Piling, deep foundations or other intrusive groundworks (investigation boreholes/tunnel shafts/ground source heating and cooling systems) does not harm groundwater resources.)
(10) No external lighting shall be installed on the site, other than in accordance with a scheme to be submitted in writing to the Local Planning Authority for approval
Page 6 of 187 beforehand. The scheme, lighting equipment and levels of illumination shall comply with guidance issued by the Institution of Lighting Engineers in their publication “The ILE Outdoor Lighting Guide” and shall be accompanied by a statement from the developer confirming that compliance. The scheme shall be implemented prior to first occupation and thereafter be retained as approved for so long as the development remains in existence. (Reason: To ensure a satisfactory standard of development, to safeguard the amenities of adjoining occupiers and in the interests of highway and pedestrian safety.)
(11) Prior to first occupation of any part of the development hereby permitted, full details of the boundary treatment of the site shall be submitted in writing to the Local Planning Authority for approval. Those approved details shall be installed prior to the first occupation of the development and retained thereafter. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area and future residents.)
(12) A management plan, including management responsibilities and maintenance schedules, for all external and internal shared/common areas of the development shall be submitted to the Local Planning Authority in writing for approval prior to the occupation of the development for its permitted use. The management plan shall be carried out as approved. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.)
(13) Prior to first occupation of the development hereby permitted, full details of hard and soft landscaping, including the details of the management and maintenance of those hard and soft landscaped areas, shall be submitted in writing to the Local Planning Authority for approval. Those approved details shall be implemented prior to first occupation of the development and retained thereafter for so long as it remains in existence. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area and adjoining occupiers.)
(14) Prior to the first occupation of the building, a scheme to provide CCTV, including details of ongoing maintenance, shall be submitted in writing to the Local Planning Authority for approval. The scheme thereby approved shall be installed prior to first occupation and retained thereafter for the lifetime of the development. (Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime.)
(15) Prior to the first occupation of the development, details of a scheme for renewable energy production equipment to provide at least 10% of the predicted energy requirements of the development shall be submitted in writing to the Local Planning Authority for approval. The scheme thereby approved shall be installed before first occupation or in accordance with a timetable to be agreed in writing by the Local Planning Authority as a part of those submitted details. The development shall be occupied only in accordance with those approved details and shall be retained thereafter for the lifetime of the development. (Reason: In the interests of sustainability.)
Page 7 of 187 (16) The cycle storage for the development, as identified on the approved plan/document No(s). 18079wd2.02 Rev E shall be laid out and ready for use prior to the first occupation of the development hereby permitted. The development shall continue to be operated and used in accordance with the approved details. (Reason: To encourage the use of sustainable transport methods.)
(17) The development hereby permitted shall be operated in full accordance with the travel plan as indicated on document number AECOM 60538174 dated August 2019 for as long as the development remains in existence. (Reason: To encourage the use of sustainable transport methods.)
(18) Prior to the first occupation of the building, a comprehensive scheme to provide site security measures, including details of ongoing maintenance, shall be submitted in writing to the Local Planning Authority for approval. The scheme thereby approved shall be installed prior to first occupation and retained thereafter for the lifetime of the development. (Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime.)
(19) Prior to the commencement of above-ground works, samples of materials to be used in the construction of the external walls, balconies and roofing of the development hereby approved shall be submitted to the Local Planning Authority in writing for approval . The development shall be carried out only in full accordance with those approved materials. (Reason: To ensure that the development proposal uses high quality materials in the interest of visual amenity.)
INFORMATIVE:
There will be an expectation that the choice of external materials will have self- cleaning qualities and will not require regular cleaning to maintain appearance.
(20) Notwithstanding the provisions of Section 55 of the Town and Country Planning Act 1990 or of the Town and Country Planning (General Permitted Development) Order, 2015 (as amended), (or any Order revoking or re- enacting that Order with or without modification), no radio or TV aerials, satellite dishes or other antennae shall be affixed to the development or erected within its curtilage without the prior planning permission of the Local Planning Authority. (Reason: To ensure the satisfactory appearance of the completed development.)
(21) If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to the Local Planning Authority in writing for approval. The remediation strategy shall be implemented as approved. (Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site and to
Page 8 of 187 prevent deterioration of groundwater within the Mid Chilterns Chalk groundwater body.)
(22) The development hereby permitted shall not commence until a monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports has been submitted to the local planning authority in writing for approval. The reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to the Local Planning Authority in writing for approval. The development shall be carried out in strict accordance with the approved details. (Reason: To ensure that the site does not pose any further risk to human health or the water environment by managing any ongoing contamination issues and completing all necessary long-term remediation measures.)
(23) No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details. (Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants and to prevent deterioration of groundwater with the Mid Chilterns Chalk groundwater body.)
(24) No development shall commence until full details of any retaining walls, including structural calculations, abutting the public highway have been submitted to the Local Planning Authority for approval in writing. The retaining walls shall be built in full compliance with the approved details prior to the first occupation of the development. (Reason: In the interests of Highway Safety.)
(25) Prior to any part of the permitted development being occupied, a verification report demonstrating the completion of works set out in the approved remediation strategy (as approved under condition 26 of this planning permission) and the effectiveness of the remediation shall be submitted to the Local Planning Authority in writing for approval. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. (Reason: To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete and to prevent deterioration of groundwater within the Mid Chilterns Chalk groundwater body.)
(26) No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to the Local Planning Authority in writing for approval. This strategy will include the following components:
Page 9 of 187 1. A preliminary risk assessment which has identified: - all previous uses; - potential contaminants associated with those uses; - a conceptual model of the site indicating sources, pathways and receptors; - potentially unacceptable risks arising from contamination at the site. 2. Site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site. 3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved. (Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution and to prevent the deterioration of groundwater with the Mid Chilterns Chalk groundwater body.)
(ii) That delegated authority be granted to the Head of Development Management to make minor alterations (including additions and deletions) to the conditions following any Committee resolution to grant permission (should any be required);
(iii) That following any grant of permission that delegated authority be granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications).
(iv) That following any grant of permission that delegated authority be granted to the Head of Development Management to make minor amendments to the agreed S106 agreement through a Deed of Variation application.
37 THE ORCHARD CENTRE, STRANGERS WAY, LUTON (REF: 8)
The Development Management Officer reported on Application No. 19/01183/REM submitted by Luton Borough Council, for planning permission in relation to the erection of up to 48 residential units including new access after demolition of existing Orchard Centre and Application for approval of reserved matters relating to appearance, landscaping, layout and scale of Planning Permission No. 17/00791/OUT dated 17th October 2019 at The Orchard Centre, Strangers Way, Luton.
She further reported that 35 adjoining occupiers had been notified of the application, a site notice and a press notice had also been issued. Two letters of representation of objection to the proposal had been received.
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An update to the report was circulated to Members in advance of the meeting.
Resolved: (i) That Application No. 19/01183/REM be granted, subject to the conditions and their reasons set out below and reasons for approval as set out in the report, and subject to the completion of a legal agreement (or appropriate mechanism) to secure a contribution of £4,000 towards the supply and planting of 15 trees in a local park:
(01) Condition 2 of planning permission 17/00791/OUT dated 17th October 2019 is hereby discharged insofar as it relates to appearance, landscaping, layout and scale, as shown on drawing nos. 02840-PC-00-00-DR-A-00100 S8 P1, 02840- PC-00- 00-DR-A-0200 S8 P2, 02840-PC-00-00-DR-A-00306, 02840-PC-00- 00-DR-A-00307 S8 P6, 02840-PC-00-00-DR-A-00308 S8 P4, 02840-PC-00- 00-DR-A-00309 S8 P4, 02840-PC-00-00-DR-A-00310 S8 P4, 02840-PC-00- 00-DR-A-00311-S8 P2, 02840-PC-00-00-DR-A-00312 S8 P3, 02840-PC-00- 00-DR-A-00313 S8 P3, 02840-PC-00-00-DR-A-00314 S8 P2, 02840-PC-00- 00-DR-A-00315 S8 P3, 02840-PC-10-00-DR-A-00316 S8 P2, 02840-PC-00- 00-DR-A-00317 S8 P1, 02840-PC-00-00-DR-A-00318-S8-P2, 02840-PC-00- 00-DR-A-00319-S8-P2, 02840-PC-10-00-DR-A-10001 S8 P3, 02840-PC-10- 00-DR-A-10002 S8 P3, 02840-PC-10-00-DR-A-10003 S8 P3, 02840-PC-10- 00-00-DR-A-10004 S8 P3, 02840-PC-10-00-DR-A-10005 S8 P3, 02840-PC- 10-00-DR-A-10006 S8 P3, 02840-PC-10-00-DR-A-10007 S8 P3, 02840-PC- 10-00-DR-A 10008 S8 P4, 02840-PC-10-00-DR-A-10009 S8 P3, 02840-PC- 10-00-DR-A-10010 S8 P3, 02840-PC-10-00-DR-A-10011 S8 P4, 02840-PC- 10-00-DR-A-10012 S8 P3, 02840-PC-10-00-DR-A-10013 S8 P4, 02840-PC- 10-00-DR-A-10014 S8 P4, 02840-PC-10-00-DR-A-10015 S8 P4, 02840-PC- 10-00-DR-A-10016 S8 P4, 02840-PC-10-00-DR-A-10017-S8-P2 Type FHHT 4B 6P-1c, 02840-PC-10-00-DR-A-10018 S8 P1, 10149V E01 Rev T3, 10149V-E02 Rev T1, 10149V-E03 Rev T1, 10149V-E05 Rev T1, 10149V-E06 Rev T3, 10149V-E09 (1) T1, 10149V-E09 (2) T1, 10149V-E09 (3) T1, 10149V- E10 T1, 10149V-E12 (1) T1, 10149V-E12 (2) T1, 10149V – E13-T3, 10149V – E07, 10149V- E08T3
The development hereby permitted shall not be carried out other than in complete accordance with the approved plans. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.)
(ii) That delegated authority be granted to the Head of Development Management to make minor alterations to the conditions including adding or deleting following any Committee resolution to grant permission (should any be required);
(iii) That following any grant of permission that delegated authority be granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications)
(iv) That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent proposals
Page 11 of 187 seeking to amend the legal agreement (or appropriate mechanism) seeking minor material modifications to the consent.
38. NO. 250 TODDINGTON ROAD, LUTON (REF: 9)
The Development Management Officer referred to Minute No. 17/20 and further reported on Application No. 19/01168/FUL submitted by Ground Construction Ltd, for retrospective revised planning permission in relation to the continued use for manufacture of building and construction parts in concrete at No. 250 Toddington Road, Luton.
She further reported that neighbours had been notified of the application, a site notice and a press notice had also been issued. Thirty six letters of representation in objection to the proposal had been received.
The applicant provided a written statement which was circulated to members in advance of the meeting
No third parties registered to speak or provided a written statement.
An update to the report was circulated to Members in advance of the meeting.
Resolved: (i) That Application No. 19/01168/FUL be granted, subject to the conditions and their reasons set out below and reasons for approval as set out in the report:
(01) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan and document numbers: location plan 1:1250 and boundary planting scheme 1:500. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.)
(02) The site outlined in red on location plan 1:1250 shall be used for the storage, maintenance and repair of civil engineering plant and the manufacture of building and construction parts in concrete and for no other purpose including any other purpose within Classes B2, B1 or B8 specified in the schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). (Reason: To protect the amenities of neighbouring occupiers.)
(03) The boundary planting scheme as show on the approved drawing boundary planting scheme 1:500 shall be maintained for the lifetime of the development in such a manner that the site is kept weed free and clean and any trees or plants which die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size and the same species. (Reason: To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity.)
Page 12 of 187 (04) Within 28 days of the grant of planning permission a scheme shall be submitted to the LPA to secure the provision of an acoustic barrier to the existing palisade fencing to the site frontage, bar the existing site entrance. Once the scheme has been approved by the LPA it will be implemented within 28 days of that permission. If the approved acoustic barrier is not installed within 28 days of the date the scheme is approved, the use hereby approved under this planning permission shall cease until the approved acoustic fencing is installed. (Reason: To protect the amenities of nearby residents.)
(05) The use hereby permitted shall operate only during the following hours; Mondays to Fridays 8:00 – 18:00, Saturdays 8:00am -13:00pm. The use herby permitted shall not operate on a Sunday or a bank or public holiday. (Reason: To protect the amenities of nearby residents)
(6) The levels of noise, vibration and dust pollution from the site shall be monitored using an objective method of measurement. The proposed method, the qualifications of the suitable consultant that will undertake the works, the frequency and location of monitoring shall be submitted in writing to the Local Planning Authority for approval within 28 days of the date of this permission. Baseline levels of dust and noise shall be agreed as part of the monitoring report. The operator of the site shall also agree action levels of dust pollution and noise with the Local Planning Authority. If these levels are exceeded the operator of the site shall take action to ensure that the levels of dust and/or noise are reduced to comply with the agreed action level. If the monitoring report is not submitted within 28 days of the date of the planning permission hereby approved the use hereby approved shall cease until the monitoring report is submitted. (Reason: To protect the amenities of nearby residents.)
INFORMATIVE:
There would be an expectation that monitoring reports are submitted to the Council on an annual basis, and the costs of commissioning the monitoring and preparing the report shall be borne by the operator of the site.
(07) The processes associated with the use of the premises for the storage, maintenance and repair of civil engineering plant and the manufacture of building and construction parts in concrete shall not include the use of, or storage on site of any crane associated with the use for more than 28 days in total in any calendar year of which not more than 14 days shall be continuous. There shall be no permanent crane installed on the premises for these purposes. (Reason: In the interests of visual amenity and to protect the residential amenity of surrounding residential occupiers. To accord with the objectives of Policies LLP1 and LLP25 of the Luton Local Plan.)
(08) Within 28 days of the grant of planning permission full details of the number of HGVs arriving/departing the application site each day and the time periods within which the HGV movements will take place shall be submitted in writing to the Local Planning Authority for approval. The HGV movements to the site shall accord with the approved details. If the details of HGV movements are not submitted within 28 days of the date of the planning permission hereby
Page 13 of 187 approved the use hereby approved shall cease until the details of the HGV movements are submitted. (Reason: To protect the amenities of nearby residents.)
(ii) That delegated authority be granted to the Head of Development Management to make minor alterations to the conditions (including adding and deleting conditions) following any Committee resolution to grant permission (should any be required).
(iii)That following any grant of planning permission, that delegated authority be granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications).
39. NOS. 4 – 11 BURR STREET, LUTON (REF: 10)
The Development Management Officer referred to Minute No. 66(2)/19 and further reported on Application No. 18/01840/FUL submitted by Burr Street Ltd, for planning permission in relation to the demolition of existing buildings and redevelopment to provide 179 residential units (88 x 1 bed, 66 x 2 bed, 24 x 3 bed and 1 x 4 bed); undercroft car parking; cycle parking; refuse; plant and associated landscaping at Nos. 4-11 Burr Street, Luton.
He further reported that 99 adjoining occupiers had been notified of the application, a site notice and a press notice had also been issued. No representation to the proposal had been received.
An update to the report was circulated to Members in advance of the meeting.
Resolved: (i) That Application No. 18/01840/FUL be refused for the following reasons as set out below:
(01) The proposal fails to utilise the opportunity of the site to assist in delivering a housing mix that would meet the identified need within Luton and the Luton Housing Market Area as set out in the Luton Strategic Housing Market Assessment 2015. The proposal would, therefore, prejudice the delivery of an appropriate housing mix within Luton and the Luton Housing Market Area, contrary to Policies LLP1 and LLP15 of the Luton Local Plan 2011-2031 and the objectives relating to sustainable development and the provision of housing with Sections 2 and 5 of the National Planning Policy Framework (NPPF, or the Framework).
(02) Had the above reason for refusal not applied, it would have been necessary for the Local Planning Authority to secure CIL compliant financial contributions towards Affordable Housing (£390,000) and Education (£394,010.50), and, subject to an overage clause, with any surplus towards: Affordable Housing, Education, Libraries, Museums and Waste Management, in pursuance of Section 106 of the Town and Country Planning Act 1990 (as amended). In the absence of CIL compliant financial contributions the proposed development would conflict with Policies LLP1, LLP16 and LLP39 of the Luton Local Plan
Page 14 of 187 2011-2031, the Council’s Supplementary Planning Document on Planning Obligations (2007) and the principles relating to sustainable development within the National Planning Policy Framework (NPPF, or the Framework).
INFORMATIVE:
Any additional contributions resulting from the viability review mechanism shall be first attributed to Education and the off-site provision of Affordable Housing.
40. DEPOSITED PLANS AND APPLICATIONS FOR PLANNING PERMISSION AND OTHER PROPOSALS (REF: 12.1)
The Development Control Officer reported on an application for planning permission. He also reported on representations of objection or support to the grant of planning permission referred to below, which were made available to the Committee. Also detailed below are those Applications where the Applicant (A) and/or Objector (O) addressed the Committee under the Council’s Right to Speak Policy which was not exercised at the meeting
Application No. Number of representations Right to Speak Objection / Support
20/00155/FUL 19 letters of representation O In objection had been received
Resolved: That the Application detailed in Schedule 'A (1)' to these Minutes be DEFERRED for the reasons stated therein.
(Notes: (i) Councillor Taylor (Chair) did not vote on Agenda Item 7 as he was unable to hear the entirety of the agenda item due to technological failures.
(ii) The meeting ended at 7.40 pm)
Page 15 of 187 (1) Applications for Planning Permission DEFERRED:- No. Proposal Reasons for Deferment
20/00155/FUL Erection of 2 x three bed dwellings after Application to be reported back to a future Development demolition of bungalow and garage. Control Committee so that the Applicant/Objectors can exercise their right to speak. LOCATION: Woodbury, Woodbury Hill Path, Luton
APPLICANT: Mr Warfield
WARDS AFFECTED: Round Green
Page 16 of 187 AGENDA ITEM
COMMITTEE: DEVELOPMENT CONTROL 7
DATE: 28th MAY 2020
SUBJECT: DEMOLITION OF EXISTING BUILDINGS AND THE REDEVELOPMENT OF THE SITE INVOLVING THE ERECTION OF NEW BUILDINGS TO PROVIDE 273 ROOMS FOR STUDENT ACCOMMODATION WITH ANCILLARY FACILITIES, LANDSCAPING AND NEW VEHICULAR ACCESS – REMOVAL OF CONDITION NO. 20 (ACCOMMODATION OF STUDENTS AND OTHER ACADEMIC STAFF) OF PLANNING PERMISSION NO. 08/01047/FUL DATED 23RD OCTOBER 2008. (APPLICANT: CAMPUS LIVING VILLAGES) (APPLICATION NO: 20/00104/REMCON)
LOCATION: MANOR COURT, MANOR ROAD, LUTON
REPORT BY: HEAD OF DEVELOPMENT MANAGEMENT
CONTACT OFFICER: GRAHAM DORE 01582 546317
IMPLICATIONS:
LEGAL COMMUNITY SAFETY
EQUALITIES ENVIRONMENT
FINANCIAL CONSULTATIONS
STAFFING OTHER
WARDS AFFECTED: SOUTH
PURPOSE
1. To advise Members of a current application for planning permission and to seek their decision.
Page 17 of 187 RECOMMENDATION(S)
2. It is recommended:
(i) That the reasons for approval set out in this report are agreed;
(ii) That the variation to the planning permission is granted, subject to the conditions set out within ‘Appendix 1’;
(iii) That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions following any Committee resolution to grant permission (should any be required);
(iv) That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking further minor material amendments to the development (Section 73 applications):
Conditions (‘Appendix I’)
(01) External Lighting; (02) Visibility Splays; (03) Amenity Space; (04) Boundary Treatment; (05) Materials; (06) Fume Extraction, Plant and/or Machinery; (07) Entry Systems; (08) CCTV; (09) Renewable Energy; (10) Contamination; (11) No Infiltration; (12) Piling and/or Other Foundations; (13) Drainage; (14) Waste Management; and (15) Noise.
Page 18 of 187 REPORT
The Site and Surroundings
3. The application site, shown at Fig. 1, comprises a provision of 273 units of student accommodation located on the north-western side of Manor Road. The 273 units comprise a mixture of multiple-occupancy ‘flats’ and self- contained studios.
Fig. 1: Site Location Plan
Relevant Planning History
4. Planning permission was granted for the use by the Development Control Committee in October 2008 and it is for this reason that the application is returned to consider the proposed amendment to that consent. Prior to the current scheme, the site had previously accommodated older student accommodation dated circa 1993/1994.
5. Various non-material amendments were made to the scheme in the years subsequent to the grant of planning permission in October 2008.
The Proposal
6. The application seeks to remove the condition restricting the use of the site for the occupation of students and academic staff. The intention in doing so, was to permit the use of the site, in part, as a hotel instead.
Page 19 of 187
7. The description of development:
“Demolition of existing buildings and the redevelopment of the site involving the erection of new buildings to provide 273 rooms for student accommodation with ancillary facilities, landscaping and new vehicular access.”
8. Condition 20 of planning permission reference 08/01047/FUL:
“The buildings hereby approved shall be used only for the accommodation of students and other academic staff and for no other purpose without the prior written permission of the Local Planning Authority.”
9. Reason for the condition:
“To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.”
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
10. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
11. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.
Page 20 of 187 12. Paragraph 55 of the Framework establishes six tests to be applied when devising planning conditions to be attached to a planning permission. Conditions must be:
1. Necessary; 2. Relevant to planning; 3. Relevant to the development to be permitted; 4. Enforceable; 5. Precise; and 6. Reasonable in all other respects.
National Planning Practice Guidance (NPPG)
13. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
14. The site is unallocated on the Policies Map of the Luton Local Plan 2011- 2031. Policies relevant to the proposal are LLP1, LLP17A, LLP25, LLP31 and LLP32.
15. Policy LLP1 sets out a sustainable development strategy for the Borough.
16. Policy LLP17A considers the provision of student accommodation within the Borough.
17. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site, achieve adopted standards and create attractive and safe spaces.
18. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
19. Policy LLP32 considers the parking requirements of development, stipulating expected provisions and highlighting the sustainability of the Town Centre location.
20. Policy LLP36 deals with matters relating to drainage.
21. Policy LLP37 relates to climate change.
22. Policy LLP38 considers pollution.
Page 21 of 187 23. Policy LLP39 sets out the objectives relating to developer contributions.
Equality Implications
24. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
25. No technical consultation has been undertaken for the application.
26. Statutory Neighbour Consultation: A site notice was posted. To date, eight representations have been received.
Issues Raised Officer Consideration Quality of/insufficient Consideration relates to the ‘six tests’ information within the and comprises a matter of principle. submitted planning statement.
Loss of student Not a material consideration. accommodation.
Demand for hotel floorspace. Not a material consideration.
Impact on residential Not a material consideration. amenity.
Harm to the character of the Not a material consideration. area.
Unsustainable form of Not a material consideration. development would result.
Trade objections. Not a material consideration.
MAIN PLANNING CONSIDERATIONS
27. The main planning considerations relate to the appropriateness and necessity of the planning condition.
Consideration of the Removal of the Condition
Page 22 of 187
28. The description of development was specifically related to the use of the building for the purposes of providing student accommodation. Notwithstanding the then-described relevant use class in 2008 (Class C1), it is for this reason clear to the LPA that the actual use of the site over the period since the implementation of the 2008 planning permission has been Sui Generis, as other provisions of student accommodation have been so considered within the Borough.
CONCLUSIONS
29. For those reasons given above, removal of the condition makes no difference to the lawful use of the site and does not impact upon the type of accommodation that can be provided at the application site. A full change of use application will be required to vary the use of the site. Condition 20 is not, therefore, considered to be necessary, as this was its sole purpose.
30. Members are also advised that, as conditions have been discharged, changes to some of the other conditions are also required and these have been incorporated. To that, it is noted that Condition Nos. 1, 13 and 14 are removed as they related to the construction of the development. The time- limit related to landscaping as required by Condition No. 2 has lapsed and, therefore, this condition is similarly deleted. Condition Nos. 4 and 5 are reworded to account for the existing nature of the scheme.
31. On that basis, it is considered that the condition (No. 20) fails to meet the test of necessity and approval of the application, allowing for its removal is, therefore, recommended.
LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
32. Luton Local Plan 2011-2031 (2017)
33. National Planning Policy Framework (NPPF, or the Framework)
34. National Planning Practice Guidance (NPPG)
DETERMINATION OF PLANNING APPLICATIONS
35. 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
Page 23 of 187
36. The determination of the application which is the subject of this report 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
37. The 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 recommendation is 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
38. In reaching the recommendations set out in this 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
39. In reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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. In this case, no disproportionate effect on people with protected characteristics has been identified.
Page 24 of 187 Appendix I: Conditions and Reasons
(01) All external lighting to be used in the development shall be as agreed under application reference 12/00603DOC as approved by decision notice dated 25th June 2012.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(02) Triangular pedestrian safety visibility splay(s) of 1.8 metres x 1.8 metres shall be provided on each side of the vehicle access points to the site at all times. The splay(s) shall be positioned within the site at right angles to the highway (measured at the highway/site boundary). The visibility splay(s) so described shall be maintained free of any obstruction to visibility exceeding a height of 600mm above the existing ground level.
Reason: In the interests of highway and pedestrian safety.
(03) The garden/amenity space approved as part of the development hereby permitted shall be accessible to the occupants of all dwelling units in the scheme.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(04) All boundary treatment to be used in the development shall be as agreed under application reference 09/00078/DOC as approved by decision notice dated 8th April 2009.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) All external materials to be used in the development shall be as agreed under application reference 08/01550/DOC as approved by decision notice dated 2nd March 2009.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(06) All fume extraction, plant and/or machinery to be used in the development shall be as agreed under application reference 12/00965/DOC as approved by decision notice dated 5th September 2012.
Page 25 of 187 Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(07) All entry systems to be used in the development shall be as agreed under application reference 09/00129/DOC as approved by decision notice dated 13th March 2009.
Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime.
(08) All CCTV to be used in the development shall be as agreed under application reference 12/00604/DOC as approved by decision notice dated 25th June 2012.
Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime.
(09) All renewable energy generation to be used in the development shall be as agreed under application reference 08/01569/DOC as approved by decision notice dated 26th June 2009.
Reason: In the interests of sustainability.
(10) All site contamination mitigation measures to be used in the development shall be as agreed under application reference 09/00080/DOC as approved by decision notice dated 26th January 2010.
Reason: To prevent pollution of groundwater.
(11) No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.
Reason: To prevent pollution of groundwater.
(12) All piling/foundations to be used in the development shall be as agreed under application reference 10/00220/DOC as approved by decision notice dated 20th April 2010.
Reason: To prevent pollution of groundwater.
Page 26 of 187 (13) All drainage to be used in the development shall be as agreed under application reference 08/01567/DOC as approved by decision notice dated 10th February 2009.
Reason: To prevent pollution of groundwater.
(14) All waste management operations to be used in the development shall be as agreed under application reference 08/01561/DOC as approved by decision notice dated 12th March 2009.
Reason: To ensure a satisfactory standard of development and to accord with the objectives of Policy LLP39 of the Luton Local Plan 2011-2031.
(15) All noise mitigation measures to be used in the development shall be as agreed under application reference 09/00188/DOC as approved by decision notice dated 17th April 2009.
Reason: To protect the amenities of the future residents of the accommodation hereby approved.
Page 27 of 187
AGENDA ITEM
COMMITTEE: DEVELOPMENT CONTROL 8 DATE: 28th MAY 2020
SUBJECT: DEMOLITION OF EXISTING BUILDINGS WITHIN THE APPLICATION BOUNDARY, ERECTION OF UP TO 110 RESIDENTIAL DWELLINGS AND MAKING GOOD THE NEWLY EXPOSED GABLE OF THE EXISTING COLLEGE BUILDING FOLLOWING DEMOLITION OF ADJOINING STRUCTURE. (APPLICANT: WEST HERTS COLLEGE) (APPLICATION NO: 20/00108/OUT)
LOCATION: BARNFIELD COLLEGE, NEW BEDFORD ROAD, LUTON
REPORT BY: HEAD OF DEVELOPMENT MANAGEMENT
CONTACT OFFICER: CLIVE INWARDS 01582 546287
IMPLICATIONS:
LEGAL COMMUNITY SAFETY
EQUALITIES ENVIRONMENT
FINANCIAL CONSULTATIONS
STAFFING OTHER
WARDS AFFECTED: BARNFIELD
PURPOSE
1. To advise Members of a current application for planning permission and to seek their decision.
Page 28 of 187 RECOMMENDATION(S)
It is recommended that:
2. The reasons for approval set out in this report are agreed;
3. That planning permission is granted, subject to the conditions as set out within ‘Appendix A’;
4. That planning permission is granted, subject to the satisfactory completion of a Section 106 Agreement to secure delivery of local labour, a monitoring fee of £5,000 a financial contribution of £80,000 towards an off-site 3G Step 5 sports facility, a suitable link between this application and application reference 20/00111/FUL in terms of timings of work and ensuring the provision of the Linear Park and new sports pitch and an overage clause with any additional contributions to be put towards education in the first instance, followed by affordable housing;
5. That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions, including adding and deleting conditions, following any Committee resolution to grant permission (should any be required);
6. That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development both seeking minor material amendments to the development (Section 73 applications) or minor variations to the accompanying legal agreement (Section 106A applications):
Conditions (‘Appendix A’)
i. Time Limit for Commencement; ii. Submission of Reserved Matters; iii. Approved Drawings and Documents; iv. Demolition and Construction Management Plan; v. External Materials; vi. Tree Protection; vii. Landscape Management; viii. Surface Water Drainage Scheme; ix. Infiltration in Contaminated Ground; x. Verification Report; xi. Residential Travel Plan; xii. Off-site Highway Works; xiii. Contamination;
Page 29 of 187 xiv. External Lighting; xv. Noise Protection Scheme; xvi. Boundary Treatment; xvii. Ecological Mitigation; and xviii. Management Plan;
REPORT
The Site and Surroundings
7. The overall Barnfield College site comprises a roughly rectangular shaped area of land which is situated in the Barnfield area of the town, approximately 3km to the north of the town centre. The college site is bounded to the north by Barnfield Avenue, to the east by Old Bedford Road, to the south by residential properties in Kingsdown Avenue and to the west by New Bedford Road. Existing vehicular access to the College is taken off of Barnfield Avenue. The application site itself comprises a broadly rectangular shaped area of land which comprises some of the existing college buildings and part of the College’s playing fields and also includes a strip of land denoting the access to Barnfield Avenue to the north. The application site comprises an area of approximately 4.02 hectares.
8. There are a number of existing college buildings on the application site that would need to be demolished to facilitate the development which comprise a collection of buildings referred to as the Retail Quarter and the HE Block. The total area of previously developed land within the application site comprises 1.96 hectares and the area of playing field land comprises 1.62 hectares. The total area of playing fields associated with the College extends to 8.47 hectares. The existing playing fields extend to the east of the existing buildings up to Old Bedford Road.
Page 30 of 187 Fig. 1: Site Location Plan
Relevant Planning History
9. A number of planning applications have been submitted on the College site relating to minor works, works to the car park, temporary classrooms and advertisement consent applications. However, the most significant applications are set out below.
10. 08/00172/OUT ‘Demolition of existing college and erection of new further education college with associated sports facilities, parking and access.’ Planning permission granted July 2008. This proposal incorporated new college buildings to the east of the existing built form, with five playing pitches laid out on a reduced area of playing field to the east and an extensive area of new landscaping with a stepped design, which included daylighting the River Lea, to the west of the new college buildings. The proposal was considered to be acceptable to Sport England and was considered to accord with the Luton Local Plan 2001-2011 in policy terms. It is understood that the planning permission was not implemented due to the financial crisis at the time and the permission therefore lapsed.
Page 31 of 187 11. 12/00751/OUT ‘Proposed phased redevelopment to provide replacement college facility, new primary school, a new 88-bed car home facility, and up to 39 residential units together with associated parking and landscaping works’. Planning application withdrawn September 2012. This proposal incorporated residential development along the boundary of the site with Old Bedford Road and Barnfield Avenue, including a car home and primary school on the northern boundary. The proposal would have delivered seven new playing pitches in total, along with two artificial cricket wickets and changing facilities, on a reduced area of playing field. The reduced area of playing field was understood to have been acceptable to Sport England on the basis that the development would have brought significant benefits to sport.
12. However, the application was not supported by planning officers on the basis of housing density, loss of open space, over-provision of parking and lack of demonstrated need for the car home and primary school amongst other matters.
13. Pre-application advice was provided prior to the submission of the current planning applications.
The Proposal
14. Planning permission is sought for the demolition of existing buildings within the application site and the erection of up to 110 residential dwellings. The application is in outline with all matters reserved except for access. As such the reserved matters would comprise appearance, landscaping, layout and scale.
15. Although layout is a reserved matter, an indicative layout has been submitted to demonstrate that up to 110 family sized dwellings and an area of communal open space can be achieved on the site.
Page 32 of 187 Fig. 2: Indicative Site Layout
16. In addition to the indicative layout and indicative mix of housing has also been provided which is shown below:
Fig. 3: Indicative Housing Mix
The table demonstrates that the proposal would provide larger family dwellings, with three, four and five bedroom dwellings. The indicative
Page 33 of 187 schedule sets out that the majority of the proposed dwellings would be two storeys but with an element of 2.5 storey townhouses. The parameter plan provided sets out that the maximum storey height would be three storeys to accommodate such townhouses.
17. Access is for consideration and the main vehicular and pedestrian access to the site would be from Barnfield Avenue, running north / south through the site.
18. This outline planning application also sits alongside the full planning application for the redevelopment of the College (application reference 20/00111/FUL) which is also on the committee agenda but does not form a part of the consideration of this application. The applicant has stated that this outline application for residential development is essential to make the most of the College’s land assets and to part-fund the proposed redevelopment of the Barnfield College Campus site for education purposes. External funding is also being sought from the Local Enterprise Partnership alongside any capital receipts generated by the release of the land the subject of this current application. It should be noted that the open space improvements (comprising the provision of a Sports Pitch and the Linear Park) that seek to justify the loss of open space under the current application are provided for in the full application referenced above and therefore there is an intrinsic link between the applications and they would also be linked through a S106 agreement should both applications be found to be acceptable.
19. The site area extends to 4.02ha which includes 1.96ha of previously developed land (the existing College buildings within the application site), 1.62ha of former playing field land and 0.44ha for the site access road.
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
20. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
Page 34 of 187 21. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.
National Planning Practice Guidance (NPPG)
22. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
23. The Local Plan was adopted on 7 November 2017.
24. The application site is not allocated for any specific land use in the Luton Local Plan 2011-2031, although the Upper Lea Valley Area of Local Landscape Value (ALLV) is immediately adjacent to the western boundary of the overall College site. Accordingly, Policy LLP15 (Housing Provision) of the Local Plan would apply. Part B sets out that planning permission for residential development will be granted on sites not allocated for housing provided that it would not lead to a loss of other uses for which there is a recognised local need.
25. Other applicable policies relevant to the proposal are LLP1, LLP2, LLP16, LLP24, LLP25, LLP27, LLP28, LLP29, LLP30, LLP31, LLP32, LLP36, LLP37, LLP38 and LLP39.
26. Policy LLP1 sets out a sustainable development strategy for the Borough and Policy LLP2 sets out the spatial development strategy.
27. Policy LLP16 relates to the provision of affordable housing and requires the provision of 20% affordable housing on developments that deliver a net gain of at least 11 dwellings.
28. Policy 24 relates to education and other community facilities and requires their protection, provides criteria for new and extended facilities and looks to integrate facilities where possible.
29. Policy LLP25 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,
Page 35 of 187 pattern and materials, distinctiveness and natural features including biodiversity.
30. Policy LLP27 relates to open space and natural green space. It states that development proposals that result in the loss of open space, parks, allotments, important green space and green infrastructure will only be permitted where the most up-to-date evidence demonstrates that the open space is not in an area of identified deficit in the locality and is surplus to requirements. It continues that losses of open space will be permitted, exceptionally, where replacement open space provision can be made or the proposal is for alternative or ancillary sports and recreational provision, the need for which clearly outweighs the loss.
31. Policy LLP28 relates to Biodiversity and Nature Conservation and seeks to protect the designated County Wildlife Sites.
32. Policy LLP29 relates to Landscape and Geological Conservation and states that development proposals will be supported where they protect, conserve, or enhance the character, setting and natural beauty of national and local landscape areas.
33. Policy LLP30 relates to the Historic Environment and seeks to protect features of particular importance.
34. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
35. Policy LLP32 aims to secure sufficient parking for a development.
36. Policy LLP36 relates to flood risk and requires the risk and impact of flooding to be minimised.
37. Policy LLP37 relates to climate change, carbon and waste reduction and sustainable energy. This policy states that the Council will support development proposals that contribute towards mitigation and adaptation to climate chance through energy use reduction, efficiency, renewable and decentralised energy.
38. Policy LLP38 seeks to ensure that development does not have an adverse impact by reason of pollution or contamination on neighbouring development, adjoining land or the wider environment.
39. Policy LLP39 is concerned with the level of financial contributions provided by developments and must be read in conjunction with the Supplementary Planning Document on Planning Obligations which assess what planning
Page 36 of 187 obligations should be sought from development. It is unlawful for a planning obligation to be taken into account when determining a planning application for a development that is capable of being charged Community Infrastructure Levy (CIL) if the obligation does not meet the following tests;
- Necessary to make the development acceptable in planning terms; - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.
40. In the context of this application, the development is in a category to which Regulation 122 applies. The requirement for financial contributions towards infrastructure improvements are matters which, if the development proposals are supported, would need to be secured by planning obligation. This is a proportionate obligation that is considered to comply with Regulation 122 and for which there is a clear policy basis either in the form of development plan policy or supplementary planning guidance. Equality Implications
41. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
42. Bedfordshire Fire & Rescue: The developer should ensure that the proposals meet the requirements of the Building Regulations specifically for access for a pump appliance and turning facilities for appliances. Additionally, fire hydrants will be required with at least one every 180m and no property further than 90m from the nearest hydrant.
43. LBC Highways: The submitted Transport Assessment (TA) demonstrates that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The impact of the proposed A6 to M1 link road currently subject to judicial review is unknown but is likely to exacerbate the problems. The proposed development will add to the overall traffic levels to a minor degree but not to the extent that the impact would warrant a refusal of permission or require improvement works. The Highway Authority accepts that the increase in traffic associated with the proposed development could be viewed to fall within the daily network variation and therefore raises no objection to the application.
Regardless of whether the on-site roads are to be adopted or not, full details of the layout and lighting should be submitted for approval as part of any reserved matters application. The grant of any planning permission should be conditional upon a Demolition and Construction Method Statement and
Page 37 of 187 S278 highway works for the alterations to the site access on Barnfield Avenue.
44. LBC Environmental Protection: There is no objection to the development of the site as proposed, subject to the recommendations as set out to address various environmental aspects of the development. The applicant has submitted a number of environmental reports covering land contamination, artificial light, noise and air quality impacts which have been reviewed and the findings taken into account. Conditions required relating to land contamination, external lighting and noise mitigation.
45. LBC Environmental Protection (Air Quality): Provided that the dust controls detailed in the IAQM guidance are implemented as recommended in the submitted Air Quality Assessment, there are no comments.
46. Affinity Water: You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone 2 corresponding to Crescent Road Pumping Station. This is a public water supply, comprising a number of chalk abstraction boreholes operated by Affinity Water Ltd. The construction works and operation of the proposed development site should be done in accordance with the relevant British Standards and Best Management Practices, thereby significantly reducing the groundwater pollution risk. It should be noted that the construction works may exacerbate any existing pollution. If any pollution is found at the site, then the appropriate monitoring and remediation methods will need to be undertaken.
47. Thames Water: With regard to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water there would be no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Thames Water would also advise that with regard to foul water sewerage network infrastructure capacity, there would be no objection to this application based on the information provided.
48. LBC Strategic Planning: The site lies close to the Upper Lea Valley Area of Local Landscape Value. Policy LLP29 supports development that protects, conserves or enhances the character and setting of the area of landscape value. Development of this scale has the potential to have significant effects on this heritage asset. It therefore appears reasonable for a heritage statement to be produced, in accordance with part D of Policy LLP30. It is understood that Chapter 7 of the planning statement seeks to address this requirement. Policy LLP15 directs that new housing development should achieve a mix of different housing sizes, types and tenures informed by the latest housing market assessments and local circumstances. The latest strategic housing land availability assessment (SHLAA 2019) identifies that
Page 38 of 187 that there has been a significant under provision in three and four bed homes within the Local Plan period to date. The development could therefore help to meet identified need by delivering three and four bedroom homes. Finally, the loss of open space, particularly where it is associated with community facilities, is a concern because the town has little available land to re-provide these assets. Evidence on the financial viability of the development should be provided to show how the loss of these assets has been minimised in order to deliver sustainable development in line with the ambitions and objectives as described in the Luton Local Plan.
49. Sport England: Sport England raises no objection to this application which is considered to meet exception E5 of our adopted Playing Fields Policy, subject to securing financial contribution of £80,000 for off-site provision towards a 3G pitch in the Luton area and the provision of a new grass football pitch to be marked out and made available for community use.
50. LBC Parks: No comments received. Any comments will be reported at the Meeting.
51. LBC Ecology: Initial general support for the principle of the linear park (in application reference 20/00111/FUL), however, disappointed that the new layout does not take de-culverting of the Riddy Brook into account and does not include any wetland or open water features.
52. Luton Culture (Libraries): No comments received. Any comments will be reported at the Meeting.
53. Luton Culture (Museums): No comments received. Any comments will be reported at the Meeting.
54. LBC Housing: This a large and a mixed scheme in terms of type and size, proposing to develop 106 residential dwellings, as part of a wider programme of regeneration of Barnfield College and the surrounding area. The scheme proposes to develop 79 x three-bed, 9 x four-bed and 18 x five- bed properties. This residential mix is compliant with LLP15 in respect of providing an appropriate housing mix that is aligned to the identified housing need in Luton, set out in the Strategic Housing Market Assessment. The identified housing need requires family-sized accommodation, in particular two, three and four-bed houses. This scheme provides a mix in the type of houses provided, proposing to deliver detached, semi-detached and townhouse properties. A policy compliant scheme with LLP16 would deliver at least 20% of housing provision as affordable; for this scheme that would be 21 properties. A policy compliant (LLP16) mix of tenure would equate to 15 (72%) of the affordable properties to be used as rented accommodation and 6 (28%) of the affordable properties to be low-cost home ownership.
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55. Bedfordshire Police: No objection.
56. Archaeology: The proposed development site lies in proximity to an area that produced evidence of late Iron Age and Roman occupation and burials (HER 1946) and under the terms of the National Planning Policy Framework this is a heritage asset with archaeological interest. However, the majority of the proposed development is planned for areas that have already been developed and the archaeological potential of the College site is currently considered to be low. Consequently, there would be no archaeological constraint on this development should it receive consent.
57. Environment Agency: No objection to the proposals but provide advice in relation to flood proofing, resilience and flood warning, installation of outfalls, the Linear Park and the Water Framework Directive, the River Basin Management Plan, protected species, surface water and water efficiency. Informatives are also requested to be attached to any grant of planning permission.
58. Lead Local Flood Authority: The applicant must provide a surface water drainage strategy to confirm the final option to discharge surface water and the applicant is required to submit the findings of the soakaway test to confirm feasibility for infiltration and consult with Thames Water for confirmation of capacity and permission to connect to the existing drainage network. Conditions to be attached.
59. Statutory Neighbour Consultation: The application was notified to 140 neighbouring properties, four site notices were posted and a press notice was published on the 20th February 2020. To date, 19 representations have been received from residents in Old Bedford Road, Austin Road, Broadacres, Dalton Close, Graham Gardens, Rossyln Crescent, Yately Close, Kingsdown Avenue, The Belfry, Kidner Close, Olympic Close, Hawkfields, Sherborne Avenue and Barnfield Avenue which are summarised below.
Issues Raised Officer Consideration Noise and disturbance. Considered within the body of the Report. Relevant condition. Loss of wildlife. Considered within the body of the Report. Relevant conditions. The proposed houses would Considered within the body of the not be affordable. Report.
Page 40 of 187 High density development Considered within the body of the out-of-keeping with the Report. Additionally, scale and character and appearance of appearance to be considered as part of the area. the reserved matters. Pollution. Considered within the body of the Report. Flooding and climate Considered within the body of the change. Report. Relevant conditions. The five bedroom properties This is a Central Government conferred could be turned into HMOs. permitted development right. Visual intrusion and loss of Considered within the body of the privacy. Report. Scale and appearance to be submitted as reserved matters and external materials to be controlled through a condition. The loss of privacy issue relates to the full planning application for the redevelopment of the College (20/00111/FUL) rather than the current planning application. Loss of views. Not a material planning consideration. Insufficient highway capacity Considered within the body of the and adding to existing Report. congestion. Highway safety. Considered within the body of the report. The access arrangement is acceptable to the Highway Authority and picking up and dropping off of students relates to the full application for the College redevelopment (20/00111/FUL) rather than the current application. Reduction in the amount of Considered within the body of the green space available. Report. Insufficient infrastructure to Considered within the body of the cope with further residential Report. development.
Page 41 of 187 Crime will increase with an No evidence provided to substantiate increase in residential this and Bedfordshire Police have not population. objected to the proposal. Insufficient parking Considered within the body of the Report. Will also form a detail of the layout at Reserved Matters stage. Barnfield playing fields have Neither the applicant nor Local Authority been nominated as an Asset have been notified that the playing fields of Community Value (ACV). have been nominated for an ACV. Disappointing community A suitable pre-application consultation engagement. exercise for a scheme of this size was considered to be held. Insufficient information in A viability appraisal has been submitted relation to viability. during the application process and has been assessed by the Council’s Independent Assessor. Details of Phases 2 and 3 These later phases are not for should also be provided. consideration at this time. The application does not The application documents detail that meet the test to be this residential proposal would part-fund considered as enabling and so facilitate the redevelopment of the development. College campus. However, the application has not been assessed as enabling development.
MAIN PLANNING CONSIDERATIONS
60. The main material planning considerations in this instance relate to the principle of development, housing mix, design and the impact on the character and appearance of the area, the layout and living environment to be created, the impact upon neighbouring amenity, transport and parking implications and issues related to flooding, biodiversity, trees, sustainability, crime prevention, planning obligations and other material considerations.
Principle of Development
61. In assessing the site in a policy context, the site has no designation on the Proposals Map accompanying the Luton Local Plan 2011-2031. As such Policy LLP15 of the Local Plan applies and particularly Part B which
Page 42 of 187 states that ‘Planning permission for residential development will also be granted on sites not allocated for housing provided that it would not lead to a loss of other uses for which there is a recognised local need.’ As such the key test in this instance is whether there is a need for the current use of land on which it is intended to develop.
Fig. 4: Local Plan Designation
62. The current residential proposal would utilise 1.96ha of previously developed college land, 1.62ha of an area of former playing field and an access road area of 0.44ha. The access road would be created from an area currently containing an internal access road for the College and an area of car parking.
63. Turning firstly to the issue of developing on an area of previously developed land, comprising existing college buildings and areas of hardstanding, it is understood that the rationale behind the current proposal is to part-fund the redevelopment of existing college buildings to form a modern, state-of-the-art campus with a gateway building to be provided in Phase 1. This is being considered under planning application reference 20/00111/FUL. That proposal seeks to re-provide college
Page 43 of 187 accommodation in a new, efficient and high quality College building, thus allowing for existing parts of the college campus to be used for other purposes, in this case residential. The new, Phase 1 college building ensures that there is no continuing need for the area of the existing college buildings (1.96ha) within the current application site and thus this part of the proposal satisfies Policy LLP15.
64. As stated above, 1.62ha of the current application site comprises former playing field land and which is undeveloped. It therefore has to be assessed if there is a need for this area to remain as undeveloped open space and which requires assessment against Policy LLP27 of the Local Plan which relates to Open Space and Natural Greenspace.
65. Firstly, although the former playing field area within the application site is not open to the public and ceased being marked out for playing pitches sometime between 2010 and 2013, it is recognised that there is no express requirement in the NPPF for space to be publicly accessible to qualify as open space. This 1.62ha of land is thus considered to constitute open space.
66. Policy LLP27 states that proposals that safeguard and enhance existing networks of open space will be supported. It continues to state that “development proposals that result in the loss of open space, parks, allotments, important green space, and green infrastructure will only be permitted where the most up-to-date evidence demonstrates that the open space is not in an area of identified deficit in the locality and is surplus to requirements. Exceptionally, losses of open space will be permitted where replacement open space provision can be made or the proposal is for alternative or ancillary sports and recreational provision, the need for which clearly outweighs the loss”. Finally, Policy LLP27 states that “development will only be permitted on parks, playing fields, other outdoor sports facilities, allotments, or other important green spaces shown on the Policies Map, where development is ancillary, complementary and limited in scale securing the efficient and effective use of the existing green space.”
67. As the proposal would result in the loss of this area of open space it has to be considered if there is any justification for this. Firstly, evidence demonstrates that the application site is an area that is deficient in greenspace. In the Green Space Strategy Review 2015 the Barnfield Ward is identified as being in the Central ‘Area Board’, which along with the West ‘Area Board’ have less overall greenspace than the North, East and South areas. If the proposal is in an area of deficit, Part B of Policy LLP27 of the Local Plan advises that exceptionally losses will also be
Page 44 of 187 permitted where replacement open space provision can be made that is of an equivalent type, quality and quantity or better and is accessible and within the vicinity; or that the proposal is for alternative or ancillary sports and recreational provision, the need for which clearly outweighs the loss. 68. To try to address this exception, the proposals for the redevelopment of the College as taken as whole (i.e. both the outline and full applications) have sought to make both quantitative and qualitative improvements in the provision of, and access to, open space in the vicinity of the site.
69. Firstly, the full planning application (20/00111/FUL) includes the marking out of new, adult size grass pitch on an area that extends to 2.6ha in size. This pitch is to be made accessible for community use, to be secured through a community use agreement as a recommended condition to any approval of this application. This would reintroduce a publicly accessible pitch in accordance with the principles of Policy LLP24 of the Local Plan.
70. Secondly, the original proposals at pre-application stage comprised the marking out of two football pitches at the Barnfield site for community use. However, through pre-application discussions with Bedfordshire FA and Sport England it was considered that the best use of available funding would to provide one grass pitch on-site and a financial contribution to an off-site 3G Step 5 sports facility, which would be capable of accommodating significantly more match play than a grass pitch. The financial contribution to be provided is £80,000 which reflects the reduction from the proposed two pitches to one.
71. Thirdly, a newly accessible Linear Park is to be created along the College’s western boundary as part of the full planning application. This new Linear Park would seek to make an important link between Cowslip Meadows to the north and the Riverside Park to the south, enhancing both the Area of Local Landscape Value and the River Lea Corridor. This area would extend to approximately 1.6ha in size, thus a similar size to the 1.62ha of open space to be developed under this current application.
72. Finally, the indicative layout demonstrates that new open space would be created within the residential proposal to provide amenity space for new residents and the community, which would be in the order of 0.12ha. Taken together these elements are considered to provide the equivalent type, quality and quantity, which would now be accessible and obviously within the vicinity of the site. The stringent ‘exception’ test is considered to be passed as the residential proposal now being considered facilitates the redevelopment of the new college campus with all the associated benefits that this brings. It is also noted that both Bedfordshire FA and Sport England are agreeable to this approach, with Sport England considering that the proposals pass their own exception test of Playing Fields Policy and therefore raising no objection to this application.
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73. As the justification for the loss of open space is therefore provided, in part, by elements being considered under a separate planning application, there needs to be a link between the two applications in terms of timings of work under this proposal and ensuring the provision of the Linear Park and new sports pitch. This will form part of the S106 agreement to be attached to any grant of planning permission. This S106 will also provide the mechanism to provide the £80,000 off-site contribution also agreed.
74. Finally, this residential proposal would not adversely affect the Upper Lea Valley Area of Local Landscape Value which lies on the western boundary of the College site. The residential proposal would lie behind the new Linear Park to be created as part of the full redevelopment planning application.
75. Given this assessment, the proposal is considered to meet the exception criteria in Policy LLP27 of the Local Plan by providing quality and accessible open space provision. This, in turn, means that Part B of Policy LLP15 is not compromised as the proposal would not result in the loss of other uses for which there is recognised local need. Finally, the proposal would not conflict with Policy LLP29 of the Local Plan seeking to protect the local landscape designations. As such, the principle of residential development on this site is considered to be acceptable.
Housing Mix
76. In addition to allowing for ‘windfall’ housing development (sites not allocated in the Local Plan) in certain circumstances, Policy LLP15 of the Local Plan has a general requirement that new dwellings should respond to the housing need requirements of the area as identified in the Strategic Housing Market Assessment (SHMA). The SHMA sets out that the greatest requirement is for three bedroom houses but that there is also a requirement for four and five bedroom houses. The latest Strategic Housing Land Availability Assessment 2019 (SHLAA) demonstrates that there continues to be an over provision of smaller one bedroom units and an under provision of three and four bedroom units.
77. The proposal makes an indicative provision for 79 x three bed houses, 9 x four bedroom houses and 18 x five bedroom houses. This mix of housing is considered to be entirely in accordance with the identified need for larger properties as evidenced in both the SHMA and SHLAA and is considered to accord with the thrust of Policy LLP15.
Page 46 of 187 Street Scene and Impact on the Character and Appearance of the Area
78. In terms of the impact of the residential development on the street scene and wider character and appearance of the area, the guiding principle behind this proposal has been to minimise this impact. The proposed residential development is located in the south-western corner of the existing Barnfield College site on an area currently occupied by a nursery, higher education building and catering and beauty facilities as well as part of the former playing field area.
79. This area is well set back from New Bedford Road and would be set behind the proposed landscaped Linear Park forming part of the proposal for the main College redevelopment project (20/00111/FUL). The impact of the proposal on the street scene of New Bedford Road would therefore be minimal, with the nearest houses being set back some 60m from the road and sited beyond the landscaped area of the Linear Park. The parameter plan submitted with the application sets out that the maximum height of the houses would be three storeys. Given these factors the impact of the proposal on the street scene of New Bedford Road would therefore be acceptable.
80. The impact on the street scene of Barnfield Avenue would, similarly, be acceptable being sited approximately 200m from this road and also beyond both the existing and proposed College buildings.
81. The proposed residential development would only be seen in glimpsed views between existing houses from Kingsdown Avenue and therefore this impact would be acceptable. Finally, the proposal has sought to utilise the sloping nature of the site to screen the majority of the housing, maintain the existing silhouette of the College and thus preserve existing visual amenity when viewed from Old Bedford Road. The indicative site elevations set out below demonstrate this.
Page 47 of 187 Fig. 5: Indicative Site Context Elevations
82. Given the relatively self-contained nature of the site and its acceptable impact on the relevant street scenes surrounding the site, the proposal is considered to also have an acceptable impact on the wider character and appearance of the area. The specific scale, appearance and layout of the proposed residential development would be agreed through reserved matters submissions and the use of appropriate external materials would be a condition on the grant of any planning permission. Finally, larger, family sized housing would be in keeping with the character of properties in this area.
Historic Character of the Area
83. The River Lea Corridor is identified as a historic landscape feature in the Luton Local Plan. Additionally, the Luton Landscape Character Assessment (2014) identifies the Lea Valley as a Landscape Opportunity Area, presenting an excellent opportunity to enhance the landscape, improve the ‘sense of place’ and link areas together, with development presenting an opportunity to enhance both the landscape and access to it. The Upper Lea Corridor is located within Character Area 4a which includes the south western corner of the Barnfield College site. Finally, the western boundary of the Barnfield College site is identified in the Local Plan as an Area of Local Landscape Value (ALLV), which links to Cowslip Meadows to the north and Riverside Park to the south.
84. In terms of these designations and character areas, it is considered that the current proposal does not conflict with Policy LLP29 seeking to protect the character of the local landscape designations or adversely impact
Page 48 of 187 upon the historic character of the area. Firstly, the application site falls just outside of Character Area 4a of the Landscape Character Assessment 2014. Secondly, the western part of the application site is already occupied by various educational buildings of varying heights which do not contribute positively to the historic character of the area. Finally, and most importantly, whilst two separate planning applications have been submitted for development at the College site, the residential development the subject of this current application, allows the redevelopment plans of the College to come forward. These plans provide for a Linear Park on the western boundary of the site. Currently this area is fenced off and not open to the public. In the redevelopment proposals this area would be made accessible to the public with a new footpath provided through this area to enhance accessibility. It would utilise existing tree cover where possible, although some trees would need to be removed and replacement tree planting would be necessary. As such, the residential development would be brought forward in tandem with these significant landscaping proposals which would positively enhance the landscape character and historic landscape character of the River Lea Corridor, thereby complying with both Policies LLP29 and LLP30 of the Local Plan.
Layout and Living Environment to be Created
85. Whilst the layout of the site would form a reserved matters submission to be considered at a later date, the indicative layout provided demonstrates that a suitable residential environment can be created. The proposal has been designed as a self-contained development centred on a communal green space towards the centre of the site. The indicative layout adopts sound urban design principles, predominantly utilising back-to-back relationships between houses on the site and also to existing residential properties in Kingsdown Avenue. It also demonstrates that appropriate back-to-back distances between proposed houses can be provided and that each property would have suitable private amenity space. Additionally, the properties would be able to meet the relevant Nationally Described Space Standards and would be able to provide on-plot parking. The proposal is thus considered to be able to provide a suitable residential living environment for future occupiers.
Page 49 of 187 Fig. 6: Indicative Layout
Impact on Neighbouring Amenity
86. In relation to the impact on neighbouring residential amenity, the residential proposal would not result in any adverse impacts on residential properties in either Barnfield Avenue, Old Bedford Road or houses on the western side of New Bedford Road given the significant set back from all of these roads. With regard to the relationship with the existing residential properties in Kingsdown Avenue, the indicative layout sets out that this would be a back-to-back relationship with a separation distance between properties of over 40m at the closest point. A separation distance in excess of 40m would be sufficient to avoid any detrimental overlooking or loss of light. The applicant has also stated that an additional strip of structural landscaping would be added to the rear of the properties on Kingsdown Avenue to seek to screen the new houses and further preserve the privacy of existing residents. This can be secured through the landscaping reserved matter submission. Given this assessment, the proposal is not considered to result in any adverse impacts on neighbouring residential amenity.
Page 50 of 187 Access, Parking and Highway Implications
87. Policy LLP31 sets out the sustainable transport strategy and is supportive of development that minimises the need to travel, provides sustainable modal choice and reduces congestion. Policy LLP32 seeks to ensure that an adequate provision of parking is available as it relates to development.
88. In relation to highways issues, the Transport Assessment submitted with the planning application recognises that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The Highways Development Control Manager has advised that whilst the proposed development would add to the overall traffic levels to a minor degree, this increase in traffic associated with the proposal could be viewed to fall within the daily network variation. Accordingly, the minor increase in traffic levels would not warrant a refusal of permission or require improvement works and therefore no objection is raised.
89. In terms of the specific access, a new vehicular access would be provided to access both the College campus and the proposed residential development off of Barnfield Avenue immediately to the west of the existing easternmost car park entrance to the College (gate currently closed). This would necessitate the relocation of the bus stop which is to be agreed with the Council as part of the off-site highway works. All three of the existing access/egress points to the College would be closed and the footways, verge and full height kerbs reinstated. The Highway Authority has raised no issue with this access arrangement.
90. The Highways Development Control Manager has requested full details of the layout, external lighting and a Demolition and Construction Method Statement which will be provided through reserved matters and conditions respectively. Additionally, it is considered that any planning permission granted should be conditional upon a residential Travel Plan being provided.
91. In relation to parking, the indicative layout provided demonstrates that adequate parking can be provided on site. At reserved matters stage when the final number and mix of units is known, the detailed layout will need to demonstrate that suitable car parking can be provided in accordance with the Council’s maximum standards as set out in Appendix 2 of the Local Plan. The site also has suitable capacity to accommodate cycle storage with gardens or garages.
92. In light of this assessment, sufficient car and cycle parking is considered to be able to be provided in this instance and also the access arrangement and the impact on the highway network are also considered to be
Page 51 of 187 acceptable. The scheme would, therefore, be consistent with Policies LLP1, LLP31 and LLP32 of the Luton Local Plan 2011-2031 and Corporate Climate Strategies.
Flooding
93. The existing college campus is located within Flood Zones 1, 2 and 3, with the existing college buildings located predominantly within Flood Zone 1 but with an existing building to the south-west located within Flood Zone 2 and marginally within Flood Zone 3.
94. The proposed residential development has been designed to specifically take account of these flood zones and ensures all built form is to be sited outside of the relevant flood zones which is an appropriate solution to this constraint.
95. It is noted that there is no objection from either the Lead Local Flood Authority (LLFA) or the Environment Agency subject to conditions and informatives.
Fig. 7: Flood Zones
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Biodiversity
96. Policy LLP28 of the Local Plan relates to biodiversity and nature conservation and gives qualified support to development proposals that add to the net stock of wildlife habitats or where they help to deliver a net gain in the conservation and enhancement of designated sites or ecological networks.
97. The application is accompanied by Bat Surveys and a Preliminary Ecological Appraisal from the Ecology Consultancy. The Ecological Appraisal comprised a Phase 1 habitat survey, protected species assessment and an ecological evaluation of the site. The main findings of this report are that the site is not subject to any statutory or non-statutory nature conservation designations; one building with a low potential to support roosting bats was identified within the outline planning application site and the existing hedgerow and scattered trees are considered to have potential to support commuting and foraging bats and further survey work was required to establish the presence of bat activity; the site contains suitable habitat to support widespread reptile species such as slow-worm limited to small areas of shrub and scrub and precautionary working practices are necessary in this regard and the site is likely to support breeding birds and therefore vegetation removal needs to take place outside of the bird nesting season. The report also provides recommendations to enhance the biodiversity value of the proposals which are taken forward in the landscaping, drainage system, detailed planting proposals for the site and nesting features for birds and roosting features for bats.
98. In response to the findings of the Ecological Appraisal the applicant undertook a bat survey which was conducted in August 2019 and found no evidence of roosting bats. Foraging and commuting activity was recorded for the Common Pipistrelle, Nathusius’ Pipistrelle and Noctule and it is therefore recommended that semi-natural habitats are retained on site and a sensitive artificial lighting strategy is put in place. With such measures in place, a condition requiring the necessary ecological mitigation and ecological enhancements to be brought forward in the landscaping details of a reserved matters submission, the proposal is not considered to be inconsistent with the objectives of Policy LLP28 of the Local Plan.
Arboriculture
99. An Arboricultural Impact Assessment has also been provided in support of the application. The survey identified 149 individual trees, nine groups and two hedgerows within and adjacent to the whole college campus site
Page 53 of 187 to be affected by the development proposals. Of the trees surveyed, four individuals have Category A status, 59 individuals were attributed Category B status, 82 individuals, nine groups and two hedgerows were attributed Category C status and four individual trees were given Category U status. No trees located adjacent to or in the proposed development site are subject to Tree Preservation Orders or Conservation Area restrictions.
100. Within this application boundary there are no Category A trees, 12 Category B trees and 21 individual and one group of Category C trees which are considered to be unremarkable low quality trees with low life expectancy and limited amenity value. As such no Category A trees would need to be felled as part of this proposal. The scheme has the potential to provide significant further landscaping to offset the loss of moderate quality trees and this can be considered as part of the detailed landscaping scheme to be provided through any reserved matters submission. Existing trees are to be retained on site where possible and these are to be protected through a tree protection condition attached to any grant of planning permission. The loss of existing trees on the site is not, therefore, considered to be a constraint to development in this instance.
Sustainability
101. In relation to sustainability, any new dwellings will have to meet the relevant Building Control standards and further details of energy efficiency and possibilities for renewable energy can be considered as part of any reserved matters submissions relating to appearance and layout. In general terms the application has regard to sustainability principles by providing permeability in the form of pedestrian links through to Kingsdown Avenue, providing sufficient space for significant landscaping and paying detailed attention to surface water run-off for example. Additionally, a residential Travel Plan will form a condition attached to any approval to seek to encourage sustainable modes of transport. These general principles and the control of further detailed matters on this issue ensure that the proposal has regard to the issue of Climate Change and accords with Policy LLP37 of the Local Plan.
Crime Prevention
102. The Bedfordshire Police Crime Design Advisor has raised no specific issue in relation to the current application and detailed crime prevention measures would form part of any reserved matters submission relating to layout, appearance and landscaping. Additionally, boundary treatment and external lighting schemes form recommended conditions in Appendix A.
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Planning Obligations and Affordable Housing
103. The government’s main objective for the planning system is to deliver sustainable development and the NPPF explains that there are three dimensions to this: economic, social and environmental. It goes on to explain that these roles should not be undertaken in isolation, because they are mutually dependent, and in order to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system.
104. Local Plan Policy LLP16 requires 20% affordable housing on all developments with a net gain of 11 dwellings. There would therefore be a usual requirement for the current proposal to offer 22 affordable units within the development. In addition, Local Plan Policy LLP39 states that the Local Planning Authority will support development proposals that provide or adequately contribute towards the infrastructure and services needed to support them.
105. It is evident that the purpose behind the current application is to facilitate the disposal of this land to a developer to provide a capital receipt to part- fund the main college redevelopment programme. As such the applicant is not proposing any affordable housing on-site (or an equivalent off-site contribution), or any developer contributions towards education, transport, libraries, museums or waste. However, the applicant is proposing to make a contribution of £80,000 towards an off-site Step 5 football facility which was agreed in pre-application discussions with Sport England and the Bedfordshire FA, and which was considered to make more effective use of limited funds than the marking out of a second sports pitch as originally proposed.
106. Given this, the applicant has provided a viability assessment to seek to justify this position. This assessment concludes that the land receipt from the proposed residential development would be sufficient to fund the provision of the new college. However, it is stated that the result is marginal and assumes no usual contributions to services and no affordable housing. It concludes that any requirement to contribute towards affordable housing and other planning obligations would have a negative impact on the land receipt, rendering the new college facilities undeliverable.
107. This assessment has, in turn, been thoroughly assessed by the Council’s Independent Viability Assessor. The Council’s Assessor has concluded that the assumptions put forward in the applicant’s assessment are sound and reasonable, the sales values adopted are reasonable, the financial costs are reasonable, the programme is reasonable and that a 17.5%
Page 55 of 187 profit margin is reasonable, being midway within the NPPF range. The Council’s Assessor has lowered some of the costs put forward by the applicant, such as professional fees, sales agent’s fees and has lowered the college build costs based on the basis of a quantity surveyor review. However, even with these adjustments, it is concluded that a policy compliant scheme is not viable.
108. The failure of the proposed developed to meet required contributions or to provide any affordable housing on site is a cause for concern. However, Policy LLP39 of the Local Plan does allow for the consideration of viability in the assessment of planning applications. This is supported by the revised NPPF which states at paragraph 57 that “it is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage. The weight to be given to a viability assessment is a matter for the decision maker, having regard to all the circumstances in the case, including whether the plan and the viability evidence underpinning it is up to date, and any change in site circumstances since the plan was brought into force. All viability assessments, including any undertaken at the plan-making stage, should reflect the recommended approach in national planning guidance, including standardised inputs, and should be made publicly available.”
109. In this instance, it is recommended that Members accept the viability argument put forward by the applicant as it has been robustly tested and facilitates the redevelopment of the College with all the positive impacts that this would bring. A viability review mechanism will be included as part of the S106 Agreement to ensure that any improvements in viability can be suitably captured and which will seek to secure further contributions in accordance with the Council’s policies and priorities with any future monies going firstly towards education and then affordable housing.
110. It is considered that given the proposal would enable the college redevelopment to come forward and in light of the robust viability evidence provided, the proposal does comply with Policies LLP16 and LLP39 of the Local Plan and the requirements in the NPPF.
Other Material Considerations
111. In relation to other material considerations the proposal would result in job creation during the construction period and the use of local labour in construction and training will form a requirement in the S106 agreement.
112. Additionally, there is also a link between this current planning application and the full planning application for the college redevelopment (20/00111/FUL) as through disposal of this site, capital receipts from the sale are proposed to part-fund the comprehensive transformation of the
Page 56 of 187 college accommodation through a new education building, associated sports provision and new Linear Park. There will be a requirement in the S106 agreement to be attached to this application to ensure a suitable link between these applications in terms of timings of work and ensuring the provision of the Linear Park and new sports pitch.
113. Finally, additional residential development on a windfall site would assist in meeting Luton’s unmet housing need within the boundary of the Local Authority area. This is welcomed particularly as the proposal responds to the significant need for family housing within Luton.
CONCLUSIONS
114. The foregoing report demonstrates that the proposed development would be acceptable in principle, meeting the requirements of Policy LLP15 of the Local Plan, meeting the exception criteria of Policy LLP27 and not compromising either Policies LLP29 in relation to landscape character or LLP30 in relation to the historic landscape character. The housing mix providing for larger, family dwellings is welcomed and the proposal would have an acceptable impact on each street scene surrounding the site thereby leading to a suitable influence on the character and appearance of the area.
115. Additionally, the report has demonstrated that it would not result in any adverse impacts on residential amenity, the residential environment to be created would be acceptable, the highways and parking issues are acceptable and issues relating to flooding, biodiversity, arboriculture, sustainability and viability have also all been suitably addressed. The creation of more local job opportunities during construction, the fact that this proposal would facilitate the wider redevelopment of the College and the contribution to the general unmet housing need in Luton are also all positive aspects of the application.
116. On this basis, it is recommended that outline planning permission is granted, subject to conditions and a S106 legal agreement as set out in this report.
LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
117. Luton Local Plan 2011-2031
118. National Planning Policy Framework (NPPF, or the Framework)
119. National Planning Practice Guidance (NPPG)
Page 57 of 187 120. Green Infrastructure Plan for Luton (2015)
121. Luton Landscape Character Assessment (June 2014)
DETERMINATION OF PLANNING APPLICATIONS
122. 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
123. The determination of the application which is the subject of this report 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
124. The 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 recommendation is 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
125. In reaching the recommendations set out in this 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
126. In reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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
Page 58 of 187 maternity, race, religion or belief. In this case, no disproportionate effect on people with protected characteristics has been identified.
Page 59 of 187 Appendix A: Conditions and Reasons
TIME LIMIT FOR COMMENCEMENT
(01) In the case of any matter hereinafter reserved for the subsequent approval of the Local Planning Authority, applications for this approval shall be made not later than the expiration of two years beginning with the date of this permission and the development hereby permitted shall be begun not later than whichever is the later of the following dates:
a) The expiration of three years from the date of this permission; or
b) The expiration of one year from final approval of the matters hereinafter for the subsequent approval of the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.
(02) Full details and particulars of all buildings and other works hereby permitted in respect of appearance, scale, layout and landscaping of the site shall be submitted to the Local Planning Authority in writing for their subsequent approval before any above ground work is commenced for that phase of works.
Reason: To enable the Local Planning Authority to exercise proper control over the details of the development in the case of an outline planning permission granted under Part 2, paragraph 5(1) of the Town and Country Planning (Development Management Procedure) Order 2015 (as amended).
(03) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and document Nos.: 120160-IBI-WS-XX-PL-A-100-0007 Rev P4 (location plan); 120160-IBI- WS-XX-PL-A-100-0009 Rev P1 (demolition plan); 120160-IBI-WS-XX- PL-A-100-0012 (parameter plan) and 120160-IBI-WS-XX-PL-A-100-0013 (tree removal plan).
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(04) Prior to the commencement of any demolition or construction works a Demolition Method Statement and Construction Method Statement
Page 60 of 187 shall be submitted in writing to the Local Planning Authority for approval. Demolition and construction shall only then commence in accordance with those approved details.
Reason: To protect human health, the environment, the highway and the amenities of adjoining occupiers and surrounding uses.
(05) Prior to the commencement of each phase of above-ground works, excluding demolition and enabling works, full details of the materials to be used in the construction of the external materials of the dwellings hereby approved shall be submitted in writing to the Local Planning Authority for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(06) Prior to any works of demolition or construction the tree protection measures as set out in Appendices 4, 5 and 6 of the Arboricultural Impact Assessment and Method Statement by Arbeco dated January 2020 shall be in place and shall be retained for the duration of the demolition and construction works. The land so enclosed shall be kept clear of plant, building materials, machinery and other objects and the existing soil levels not altered.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(07) A landscape management plan, setting out management and maintenance responsibilities for all hard and soft landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development. The landscape management plan shall be carried out as approved and shall remain in force for as long as the development remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(08) Prior to the commencement of development, excluding demolition and enabling works, a surface water drainage scheme, based on sustainable drainage principles should be submitted to the Local Planning Authority in writing for their subsequent approval in consultation with Thames Water. The drainage scheme should demonstrate that the surface water run-off generated by critical storms up to and including the 100 year + 40 % climate change uplift storm will not exceed the drainage capacity of the site.
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Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
(09) No infiltration shall be permitted in contaminated ground. If there is no or only inconclusive evidence as to whether or not the ground is contaminated a detailed site investigation must be carried out to determine this before any construction is commenced.
Reason: To ensure a satisfactory standard of development.
(10) No dwelling shall be occupied until a verification report for the relevant phase (appended with substantiating evidence demonstrating the approved construction detail and specifications have been implemented in accordance with the surface water drainage scheme) has been submitted in writing to the Local Planning Authority for approval.
Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
(11) Prior to first occupation of the development hereby approved, a detailed Residential Travel Plan shall be submitted in writing to the Local Planning Authority for approval. The Travel Plan shall be in line with the prevailing policy and best practice and shall include as a minimum:
• A car parking management strategy; • The identification of targets for trip rates and modal share; • The methods to be employed to meet these targets; • The mechanisms for monitoring and review, which should include a monitoring regime within six months of first occupation or 75% of building floorspace occupation, whichever occurs the soonest; • The mechanisms for reporting; • The penalties to be applied in the event that the targets are not met; • The mechanisms for mitigation; • Implementation of the Travel Plan to an agreed timetable or timetable and its operation thereafter; and • Mechanisms to secure variations to the Travel Plan following monitoring and reviews.
The Travel Plan shall be implemented as approved and retained for the life of the development.
Page 62 of 187 Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(12) Prior to occupation of the residential development, the existing bus stop (on the south side of Barnfield Avenue, adjacent to the site) shall be relocated, to accommodate the new access road from Barnfield Avenue that will serve the new dwellings.
Reason: In the interests of sustainable travel and to enable the achievement of objectives in the Travel Plan. *Note: To comply with this condition a s278 Agreement will need to be entered into with the Highway Authority.
(13) The development hereby permitted shall not commence, excluding demolition and enabling works, until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted in writing for approval by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing: 1. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment. 2. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined. 3. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted in writing for approval by the Local Planning Authority. 4. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted in writing for approval by the Local Planning Authority prior to occupation of that phase. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary
Page 63 of 187 documentation detailing what waste materials have been removed from the site.
Reason: To protect human health and the environment.
(14) Details of any external lighting to be installed on the site, including the design of the lighting unit, any supporting structure and the extent of the area to be illuminated, shall be submitted in writing to the Local Planning Authority for approval prior to the installation of any lighting at the development. Only the details thereby approved shall be implemented.
Reason: To protect the amenity of existing and future neighbouring occupiers from adverse artificial light impacts.
(15) No above ground works, excluding demolition and enabling works, shall take place until a scheme for protecting the proposed dwellings from noise arising from road traffic and the adjacent sports pitch facility has been submitted in writing to the Local Planning Authority for approval. The scheme shall follow the recommendations identified in the WYG Noise Assessment report (Ref: A115753) dated December 2019. No dwelling shall be occupied until such a scheme has been implemented in accordance with the approved details and it shall be retained in accordance with those details thereafter.
Reason: To ensure that suitable internal acoustic standards are achieved in accordance with the relevant standards.
(16) Full details of the proposed boundary treatment of the site shall be submitted in writing to the Local Planning Authority for approval before above ground works are commenced. The approved boundary treatment for that phase shall be installed prior to occupation of the dwellings and be retained for so long as the development hereby permitted remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(17) The ecological impact mitigation measures, as indicated within the Preliminary Ecological Appraisal by Ecology Consultancy dated November 2019, shall be implemented as approved prior to first occupation of the development hereby permitted and shall be retained for the lifetime of the development where necessary.
Reason: To protect ecological interests on the site.
Page 64 of 187 (18) A management plan, including management responsibilities and maintenance schedules for all external and shared / common areas of the development shall be submitted in writing to the Local Planning Authority for approval prior to the first occupation of any dwelling. The management plan shall thereafter be carried out as approved.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
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AGENDA ITEM
COMMITTEE: DEVELOPMENT CONTROL 9 DATE: 28th MAY 2020
SUBJECT: DEMOLITION OF EXISTING BUILDINGS WITHIN THE APPLICATION BOUNDARY AND ERECTION OF COLLEGE ACCOMMODATION (USE CLASS D1) AND ASSOCIATED ACCESS, CAR PARKING AND LANDSCAPING INCLUDING MARKING OUT OF SPORTS AREA, IMPROVEMENTS TO EXISTING GRASSED AREA PARALLEL TO NEW BEDFORD ROAD AND MAKING GOOD THE NEWLY EXPOSED GABLE OF THE EXISTING COLLEGE FOLLOWING DEMOLITION OF ADJOINING STRUCTURE. (APPLICANT: WEST HERTS COLLEGE) (APPLICATION NO: 20/00111/FUL)
LOCATION: BARNFIELD COLLEGE, NEW BEDFORD ROAD, LUTON
REPORT BY: HEAD OF DEVELOPMENT MANAGEMENT
CONTACT OFFICER: CLIVE INWARDS 01582 546287
IMPLICATIONS:
LEGAL COMMUNITY SAFETY
EQUALITIES ENVIRONMENT
FINANCIAL CONSULTATIONS
STAFFING OTHER
WARDS AFFECTED: BARNFIELD
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PURPOSE
1. To advise Members of a current application for planning permission and to seek their decision.
RECOMMENDATION(S)
It is recommended that:
2. The reasons for approval set out in this report are agreed;
3. That planning permission is granted, subject to the conditions as set out within ‘Appendix A’;
4. That planning permission is granted, subject to the satisfactory completion of a Section 106 Agreement to secure delivery of local labour during construction and a monitoring fee of £5,000.
5. That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions, including adding and deleting conditions, following any Committee resolution to grant permission (should any be required);
6. That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development both seeking minor material amendments to the development (Section 73 applications) or minor variations to the accompanying legal agreement (Section 106A applications):
Conditions (‘Appendix A’)
i. Time Limit for Commencement; ii. Approved Plans and Documents; iii. Construction Method Statement; iv. External Materials; v. Landscaping; vi. Tree Protection; vii. Landscape Management; viii. Surface Water Drainage Scheme; ix. Infiltration in Contaminated Ground; x. Surface and Foul Water Systems; xi. Travel Plan; xii. Off-site Highway Works;
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xiii. Electric Vehicle Charging Points; xiv. Remediation Strategy; xv. Validation Report; xvi. Contamination; xvii. Air Extraction; xviii. External Lighting; xix. Noise Mitigation; xx. Noise Limits; xxi. Construction of Sports Pitch; xxii. Use of Sports Pitch; xxiii. Community Use Agreement; xxiv. BREEAM ‘Good’ Rating; xxv. Interceptors; xxvi. Notification to Affinity Water; xxvii. CFA Piling; xxviii. Boundary Treatment; xxix. Ecological Mitigation; and xxx. Removal of PD Rights for Telecommunications Equipment
REPORT
The Site and Surroundings
7. The overall Barnfield College site comprises a roughly rectangular shaped area of land which is situated in the Barnfield area of the town, approximately 3km to the north of the town centre. The college site is bounded to the north by Barnfield Avenue, to the east by Old Bedford Road, to the south by residential properties in Kingsdown Avenue and to the west by New Bedford Road. Existing vehicular access is taken off of Barnfield Avenue. The application site itself comprises an ‘L’ shaped area of land which comprises some of the existing college buildings, the existing car park, part of the College’s playing fields and a strip of land at the western side of the site adjacent to New Bedford Road. The application site comprises an area of approximately 6.22 hectares.
8. There are a number of existing college buildings on the site, including the Caretaker’s House at the front of the site, and a significant amount of car parking on the northern part of the site. The existing playing fields extend to the east of the existing buildings up to Old Bedford Road.
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Fig. 1: Site Location Plan
Relevant Planning History
9. A number of planning applications have been submitted on the College site relating to minor works, works to the car park, temporary classrooms and advertisement consent applications. However, the most significant applications are set out below.
10. 08/00172/OUT ‘Demolition of existing college and erection of new further education college with associated sports facilities, parking and access.’ Planning permission granted July 2008. This proposal incorporated new college buildings to the east of the existing built form, with five playing pitches laid out on a reduced area of playing field to the east and an extensive area of new landscaping with a stepped design, which included daylighting the River Lea, to the west of the new college buildings. The proposal was considered to be acceptable to Sport England and was considered to accord with the Luton Local Plan 2001-2011 in policy terms. It is understood that the planning permission was not implemented due to the financial crisis at the time and the permission therefore lapsed.
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11. 12/00751/OUT ‘Proposed phased redevelopment to provide replacement college facility, new primary school, a new 88-bed care home facility, and up to 39 residential units together with associated parking and landscaping works’. Planning application withdrawn September 2012. This proposal incorporated residential development along the boundary of the site with Old Bedford Road and Barnfield Avenue, including a car home and primary school on the northern boundary. The proposal would have delivered seven new playing pitches in total, along with two artificial cricket wickets and changing facilities, on a reduced area of playing field. The reduced area of playing field was understood to have been acceptable to Sport England on the basis that the development would have brought significant benefits to sport.
12. However, the application was not supported by planning officers on the basis of housing density, loss of open space, over-provision of parking and lack of demonstrated need for the care home and primary school amongst other matters.
13. Pre-application advice was provided prior to the submission of the current planning applications.
The Proposal
14. The proposed development comprises the demolition of existing buildings within the application boundary and the erection of new college accommodation (use class D1) and associated access, car parking and landscaping including marking out of a sports area, improvements to the existing grassed area parallel to New Bedford Road and making good the newly exposed gable of the existing college building following the demolition of the adjoining structure.
15. This full planning application seeks approval for two phases of works, referred to as Phase 1a and Phase 1c.
16. The development of the Phase 1a college building will necessitate the demolition of 907m2 of existing buildings prior to the erection of 4,400m2 of new college accommodation. Phase 1c would extend the building to the east by a further 6m, providing an additional 800m2 of teaching accommodation. The visual appearance of the eastern elevation would remain the same for both options 1a and 1c. The north and south elevations would remain consistent apart from the addition of another bay of classrooms to each side and a uniform architectural approach would be used across both phases. As part of this full planning application, the existing health and beauty building is also to be demolished as part of the creation of the linear park.
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Fig. 2: Proposed Site Plan
17. The redevelopment of the college facility will only be able to proceed with the provision of capital receipts for the applicant from the release of land for residential development (subject to the separate outline planning application 20/00108/OUT, which does not form part of the consideration of this application) as well as with external funding from the Local Enterprise Partnership. The applicant has stated that this two stage phasing strategy presents a more resilient approach reflecting potential funding timelines, whilst providing more certainty to the first stages of the transformation of the Barnfield College campus. All calculations, modelling and consultation have been based upon the larger footprint of 1a and 1c, including assessment of transport issues.
18. It is envisaged that Phase 1a and 1c would be followed by two further stages of redevelopment. The overall masterplan for the college site includes provision for a Phase 2 and potentially Phase 3 (located to the south of
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Phase 1a and 1c, following the demolition of the remaining existing accommodation). These would be subject to future planning applications and do not form part of this application. Phase 2 would provide teaching accommodation for construction and engineering students.
Fig. 3: Proposed Phasing Plan (1a and 1c)
19. The site area for Phase 1 extends to 6.22ha which includes 2.6ha of the former playing field and 0.96ha of existing open space (the Linear Park), which would increase to 1.6ha following improvements and the removal of hardstanding.
20. The proposed Phase 1 building would be 5,200m2 (gross internal floor area) across a three to four storey building, which would extend to some 17.2m in height.
21. A total of 179 parking spaces would be provided on site, which would comprise a net reduction of 188 spaces, from the 367 car parking spaces currently available. This is intended to meet the requirements of the existing
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and future students and staff without encouraging access by the car due to an excess of parking provision. A total of 74 covered cycle parking spaces are currently provided on site and these would be retained as part of the redevelopment. The main vehicular access to the site would be from Barnfield Avenue, although further to the east than the existing access point. Existing accesses currently used would cease to be needed and the pavements would be made good in these locations. The proposed car park would serve staff and students and would provide for one-way circulation in a clockwise direction, to improve flow. It would also provide for a lay-by drop-off.
22. A new football pitch would be marked out on an area of former playing field to the east of the access road, with the intention that this pitch would be available for community bookings outside of College hours. No floodlighting or changing rooms are proposed. Additionally, the existing landscaped area along the western boundary of the College is to be transformed into a linear park and would be opened to the public, providing a new footpath through the site to enhance accessibility. The access through to Kingsdown Avenue would also be reintroduced for cyclists and pedestrians only.
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
23. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
24. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.
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National Planning Practice Guidance (NPPG)
25. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
26. The Local Plan was adopted on 7 November 2017.
27. The application site is not allocated for any specific land use in the Luton Local Plan 2011-2031, although the Upper Lea Valley Area of Local Landscape Value (ALLV) is immediately adjacent to the western boundary of the site. Accordingly, Policy LLP24 (Education and Other Community Facilities) of the Local Plan would apply. Part B sets out that new and extended education, childcare, nursery and other community facilities will be granted planning permission subject to the criteria as detailed.
28. Other applicable policies relevant to the proposal are LLP1, LLP2, LLP25, LLP27, LLP28, LLP29, LLP30, LLP31, LLP32, LLP36, LLP37 and LLP38.
29. Policy LLP1 sets out a sustainable development strategy for the Borough and Policy LLP2 sets out the spatial development strategy.
30. Policy LLP25 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 including biodiversity.
31. Policy LLP27 relates to open space and natural green space. It states that development proposals that result in the loss of open space, parks, allotments, important green space and green infrastructure will only be permitted where the most up-to-date evidence demonstrates that the open space is not in an area of identified deficit in the locality and is surplus to requirements. It continues that losses of open space will be permitted, exceptionally, where replacement open space provision can be made or the proposal is for alternative or ancillary sports and recreational provision, the need for which clearly outweighs the loss.
32. Policy LLP28 relates to Biodiversity and Nature Conservation and seeks to protect the designated County Wildlife Sites.
33. Policy LLP29 relates to Landscape and Geological Conservation and states that development proposals will be supported where they protect, conserve,
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or enhance the character, setting and natural beauty of national and local landscape areas.
34. Policy LLP30 relates to the Historic Environment and seeks to protect features of particular importance.
35. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
36. Policy LLP32 aims to secure sufficient parking for a development.
37. Policy LLP36 relates to flood risk and requires the risk and impact of flooding to be minimised.
38. Policy LLP37 relates to climate change, carbon and waste reduction and sustainable energy. This policy states that the Council will support development proposals that contribute towards mitigation and adaptation to climate chance through energy use reduction, efficiency, renewable and decentralised energy.
39. Policy LLP38 seeks to ensure that development does not have an adverse impact by reason of pollution or contamination on neighbouring development, adjoining land or the wider environment.
Equality Implications
40. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
41. Bedfordshire Fire & Rescue: No comments received. Any comments will be reported at the meeting.
42. LBC Highways: The submitted Transport Assessment (TA) demonstrates that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The impact of the proposed A6 to M1 link road currently subject to judicial review is unknown but is likely to exacerbate the problems. The proposed development will add to the overall traffic levels to a minor degree but not to the extent that the impact would warrant a refusal of permission or require improvement works. The Highway Authority accepts that the increase in traffic associated with the proposed developments could be viewed to fall within the daily network variation and therefore raises no objection to the application.
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There is, however, some doubt as to whether the proposed parking provision for the college would be able to cater for demand leading to the potential for displaced parking in the surrounding residential area. Nevertheless, given that the later stages of the redevelopment could include further parking provision and that a full Travel Plan is required, the Highway Authority raises no significant objection to the proposal on parking grounds. Conditions to be attached relating to the provision of a detailed Travel Plan, s278 highway works for the alterations to the site access and a construction method statement.
43. LBC Environmental Protection: There is no objection to the development of the site as proposed, subject to the recommendations as set out to address various environmental aspects of the development. The applicant has submitted a number of environmental reports covering land contamination, artificial light, noise and air quality impacts which have been reviewed and the findings taken into account. Conditions required relating to land contamination, extraction systems, external lighting and noise mitigation.
44. LBC Environmental Protection (Air Quality): Provided that the dust controls detailed in the IAQM guidance are implemented as recommended in the submitted Air Quality Assessment, there are no particular concerns regarding construction phase impacts. In relation to the operational phase, a condition is required relating to the provision of electric vehicle charging points.
45. Affinity Water: You should be aware that the proposed development site is located within an Environment Agency defined groundwater Source Protection Zone 2 corresponding to Crescent Road Pumping Station. This is a public water supply, comprising a number of chalk abstraction boreholes operated by Affinity Water Ltd. If you are minded to approve the application, conditions are required relating to groundwater pollution risk, ground investigation, turbidity in the chalk aquifer, contaminated land, infiltration, drainage, bunding and substance storage.
46. Thames Water: With regard to surface water drainage, Thames Water would advise that if the developer follows the sequential approach to the disposal of surface water there would be no objection. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Thames Water would also advise that with regard to foul water sewerage network infrastructure capacity, there would be no objection to this application based on the information provided.
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47. LBC Strategic Planning: Policy LLP29 supports development that protects, conserves or enhances the character and setting of the area of landscape value. Development of this scale has the potential to have significant effects on this heritage asset. It therefore appears reasonable for a heritage statement to be produced, in accordance with part D of Policy LLP30. It is understood that Chapter 7 of the planning statement seeks to address this requirement. The reports identify the Barnfield College site as a feature that severs the visual integrity of the landscape. Another negative aspect is that the tributary rising at Cowslip Meadow currently disappears (culverted underground) under New Bedford Road. Whilst a linear park is proposed along the western edge of the site, this development offers a significant opportunity to release the Riddy Brook from its culvert and set its course along a new, publicly accessible route along the western edge of the site. In relation to the linear park, the use of public art is recommended, especially at key points where significant roads cross, to help improve the immediate environment and raise awareness. It is noted that the linear park landscape plans propose this type of art.
48. Sport England: Sport England raises no objection to this application which is considered to meet exception E5 of our adopted Playing Fields Policy, subject to conditions relating to approval of specification for the playing field and a community use agreement. Also subject to securing financial contributions for off-site provision towards a 3G pitch *NB which would be provided through a legal agreement attached to the residential application (20/00108/OUT).
49. LBC Parks: No comments received. Any comments will be reported at the Meeting.
50. LBC Ecology: Initial general support for the principle of the linear park, however disappointed that the new layout does not take de-culverting of the Riddy Brook into account and does not include any wetland or open water features.
51. Luton Culture (Libraries): No comments received. Any comments will be reported at the Meeting.
52. Luton Culture (Museums): No comments received. Any comments will be reported at the Meeting.
53. LBC Housing: As this application is for D1 college accommodation use, with no residential development in this phase, we have no comments to make in regard to housing and affordable housing.
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54. Bedfordshire Police: The revised plans are much better and the initial concerns have been suitably addressed.
55. Archaeology: The proposed development site lies in proximity to an area that produced evidence of late Iron Age and Roman occupation and burials (HER 1946) and under the terms of the National Planning Policy Framework this is a heritage asset with archaeological interest. However, the majority of the proposed development is planned for areas that have already been developed and the archaeological potential of the College site is currently considered to be low. Consequently, there would be no archaeological constraint on this development should it receive consent.
56. Environment Agency: No objection to the proposals but provide advice in relation to the linear park and the Water Framework Directive (WFD), the River Basin Management Plan, protected species, surface water and water efficiency. Informatives are also requested to be attached to any grant of planning permission.
57. Lead Local Flood Authority: The applicant must provide the findings of the Site Investigation and BRE 365 Soakaway Test to confirm feasibility for infiltration and consult with Thames Water for confirmation of capacity and permission to connect to the existing drainage network. Conditions to be attached.
58. Statutory Neighbour Consultation: The application was notified to 140 neighbouring properties, four site notices were posted and a press notice was published on the 20th February 2020. To date, five representations have been received from residents in Old Bedford Road, Kidner Close, Sherborne Avenue and Barnfield Avenue which are summarised below. Issues Raised Officer Consideration The college fields were an amenity for The fact that the playing Lutonians for many years until the fields were closed off to college locked the gates and were public access is not material widely used by walkers, joggers and to the consideration of the playing children. The proposals include current application. plans for community use but in fact will A sports pitch could also be be used almost only by boys and young used for all members of the men. Is it council policy to discriminate community including women against women and older people? and older people (walking football for example). The fields are an eyesore with rubbish; Not a material planning consideration. Until the College unlocks the gates and Not a material planning returns the fields to Lutonians, no plan consideration. The plans do for building should be considered; also reintroduce community
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use to the proposed sports pitch. The area already suffers from a lack of This proposal does not open space for local residents and involve building on any open building on this area would significantly green space. It would utilise impact the wellbeing of residents – the previously developed land. presence of the fields play an important role relieving visual impact for the urban sprawl of Luton; The area and roads are already Considered within the body congested especially at school times; of the Report. The buildings do indeed need to be Considered within the body rebuilt/renovated, however, the design of the Report. of the new college is a concern as from the plans it appears that the main pedestrian entrance would be at the north-west corner of the building. This is extremely close to the roundabout and drivers dropping off / picking up students will stop on the roundabout causing a serious danger to pedestrians and traffic; It is a great shame that the College has Not a material planning not been a considerate neighbour and consideration. in locking gates and preventing access to the fields it has not allowed recreational walking in an open, safe environment; Bringing forward the college buildings Considered within the body towards Barnfield Avenue would result of the Report. in overlooking and would be an intrusion of privacy; The proposal would result in an Considered within the body increase in air pollution; of the Report. The proposal actively seeks to reduce the amount of car parking on the site to encourage more sustainable modes of transport to the site. The public consultation event was A suitable pre-application inadequate; consultation exercise for a scheme of this size was considered to be held. A lack of viability information has been A viability appraisal has been provided; submitted during the application process but this
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relates more appropriately to the residential application 20/00108/OUT. The proposed increased level of Considered within the body lighting would result in light pollution of the Report and external and impact on the quality of sleep; lighting to be conditioned. The proposal would result in an Considered within the body increase in traffic which would of the Report and traffic and substantially increase the noise level noise specifically considered and would also add to the existing by Highways and heavy congestion at the A6 roundabout Environmental Protection junction; respectively. Issues relating to the over-subscribed These issues relate to nature of existing schools in the area, consideration of the inadequate parking for the residential residential application development, the Barnfield playing 20/00108/OUT rather than fields being nominated as an Asset of the current planning Community Value (ACV), the traffic application being generated by the residential considered. development and loss of green space.
MAIN PLANNING CONSIDERATIONS
59. The main material planning considerations in this instance relate to the principle of development, design and the impact on the character and appearance of the area, the impact upon neighbouring amenity, transport and parking implications and issues related to flooding, biodiversity, trees, sustainability, crime prevention and other material considerations.
Principle of Development
60. In assessing the site in a policy context, the site has no designation on the Proposals Map accompanying the Luton Local Plan 2011-2031, but it is an existing college site allocated for community and education purposes and therefore Policy LLP24 is of relevance. This policy supports the expansion of education facilities in general and in part B states that that extensions to education facilities will be supported provided that: a demonstrable local need is established and the facility will be related to the area it serves; it would not adversely affect the viability and vitality of a District or Neighbourhood centre; there would be no unacceptable effect on the amenity of surrounding residential dwellings and other uses; it does not take land allocated for other uses and there is suitable vehicular access and safe dropping off and picking up areas.
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Fig. 4: Local Plan Designation
61. The proposal is seeking to demolish existing college buildings within the application site which are described as dated, inefficient and no longer fit for purpose. It is intended to replace them with significantly enhanced education facilities to provide a contemporary new college environment. At present around 1,000 full-time students are currently enrolled at Barnfield College, plus 450 part time students (*in the 2019-2020 academic year). Historically, the College had 2,500 full time students and 800 part time students at its peak. As such, it is evident that currently the college site is being under-utilised. By creating a modern learning environment with improved facilities it is anticipated that numbers of students will increase to 1,300 full-time students and 500 part-time students following the completion of the Phase 1 building. The current proposal would not therefore increase the College’s capacity beyond its historic peak capacity but would seek to make better use of the site by providing improved, modern, energy efficient, purpose-built education facilities to facilitate an increase in the number of students enrolled at the College. It is therefore considered that there is demonstrable need for the proposal to encourage more students to the currently under-utilised college site and it is obviously well related to the area it serves as an existing college site.
62. In relation to the other criteria of Policy LLP24, the proposal is not in close proximity to a District or Neighbourhood centre and it does not contain
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retail or service uses that would compete with these centres. As such the proposal would not adversely affect a District or Neighbourhood centre in accordance with this criterion. The Riddy Lane Shopping Parade Frontage is in close proximity on the opposite side of the A6 but the proposal are likely to support these retail units as a result of the predicted increase in student numbers. Further, the new campus building would not take land allocated for other uses and criterion (vi) which requires education or community facilities to remain subordinate where the proposed facility would be in premises that are used for another purpose would not apply in this instance.
63. With regard to the criteria to ensure that the proposal would not adversely affect neighbouring amenity and that there would be suitable vehicular access and safe dropping off and picking up areas, these issues will be considered in detail later in the report. Overall, it is considered that the proposal would accord with the general thrust of Policy LLP24 by providing much needed, improved further education facilities.
64. Although the site is not designated in the Local Plan, the western boundary of the site borders the Upper Lea Valley ALLV, where Policy LLP29 applies. This policy requires development proposals to protect and enhance local landscape designations including Areas of Local Landscape Value (ALLV). Whilst this issue will be considered in detail in the following sections of this report, it is clear that the proposal has had regard to this designation in the creation of the Linear Park element of the application on the western boundary of the site. In general the Linear Park would protect and enhance the character, setting and natural beauty of the ALLV, whilst also improving the connectivity of the pedestrian network and is thus considered to accord with Policy LLP29.
65. Given the general compliance of the scheme with Policy LLP24, albeit that some of the criteria will be assessed in detail in the following sections of this report, and general compliance with Policy LLP29, the principle of the proposed development is considered acceptable.
Layout and Design
66. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site and create safe and attractive places.
67. The existing College comprises a number of primarily 1960’s buildings ranging from single storey to four storeys in height, with the tallest structure on site being 18m in height. The existing buildings are somewhat sprawled across the western part of the overall site and have a current building footprint of 12,048m2 with a further 14,000m2 of hard surfaced
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car parks, accesses etc. Buildings constructed since the original college was built include the hospitality block, constructed in 1986, followed by a hair and beauty wing added in 1992. The topography of the site rises west to east by approximately 12m with existing buildings set at various levels.
68. The current proposal for the Phase 1 redevelopment of the site seeks to provide accommodation for general and vocational teaching, student services and administration in a singular teaching block moved closer to the front of the site towards the Barnfield Avenue frontage.
69. The rationale for this is threefold. Firstly, it allows the remaining college buildings to function as an education facility whilst Phase 1 is built out. Secondly, bringing the building closer to the Barnfield Avenue frontage and the A6 roundabout ensures that the College would have a significant presence in the local area and provides the opportunity to provide a gateway building in this location. Thirdly, the positioning of a building in this location has had regard to the topography of the area, utilising this part of the site to ensure that the skyline silhouette when viewed from Old Bedford Road and to the east is maintained, whilst also responding to the historic landscape character of the area which is expanded on below. Further phases of college redevelopment (Phases 2 and 3) form part of the overall masterplan for the college but do not form part of the current planning application. The College have decided on this phased approach to give them the best opportunity to develop the College estate in a controlled manner with minimal risk.
70. The Phase 1 teaching block would be a relatively compact four storey building arranged around a trapezoidal atrium over four floors. The shape and proportion of the teaching spaces adopts established design principles for further education buildings, incorporating relevant guidelines for ventilation, daylighting and sustainability. The core of the building is a central atrium with a significant area of roof glazing to maximise natural daylighting. This provides primary access to all parts of the building and accommodates eating and refreshment areas, meeting and break out spaces. The teaching accommodation is arranged around the perimeter of the building which allows these rooms to take advantage of natural daylight, views out and thermal modulation.
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Fig. 5: Second Floor Plan (as an example of the floor layout)
Fig. 6: Building Section
71. The internal layout of the building is considered to be rational and would provide a high quality teaching environment. Similarly, the justification for the positioning of this building in this location is accepted and the opportunity to provide a high quality gateway building in this part of Luton is welcomed and which is consistent with the objectives of Policy LLP25 of the Local Plan.
72. In relation to the design of the building, the applicant has stated that they have carefully considered massing, scale and materiality to seek to provide a gateway building in this location. In terms of the mass and scale of the building, it would extend to 17.2m in height, which is slightly the
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below the height of the existing tallest structure on the site (18m) and which is considered to be acceptable in this prominent location. The building itself takes the form of a trapezium shaped block, which is relatively compact in nature and is similar in form to the compact teaching blocks that the Council itself have used both at the new secondary school at Gipsy Lane and at the redevelopment of Putteridge High School currently under construction. The building has been designed with extensive glazing and a linear colonnade approach to both Barnfield Avenue and New Bedford Road. The external materials would comprise brickwork, exposed concrete surfaces, significant glazing, timber- panelling and natural stone flooring utilising a palette of natural materials in soft, neutral colours. The elevations and computer generated images provided demonstrate that both the specific design and materials to be used would result in a high quality college building that would indeed represent a prominent, gateway building in this part of Luton.
Fig. 7: Indicative Visual (1 of 2)
Fig.8: Indicative Visual (2 of 2)
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Street Scene and Impact on the Character and Appearance of the Area
73. It is recognised that the proposed massing, height, contemporary design and positioning of the Phase 1 building would have an impact on both the street scenes of New Bedford Road and Barnfield Avenue. However, due to the high quality design, associated with the landscaping proposals, this impact is considered to be positive. Specifically, the current expanse of car parking in front of the main buildings would be replaced by a piazza area which would give an attractive frontage to this proposal. Given the significance of the landscaping proposals associated with this development, these will be considered in a separate section below.
74. In terms of the impact of the proposals on the wider character and appearance of the area, the high quality design of the building coupled with the landscaping proposals would ensure that this impact would also be positive, replacing existing buildings and hard standings that do not enhance the area. Additionally, the proposals have also had regard to the historic character of the area.
75. The River Lea Corridor is identified as a historic landscape feature in the Luton Local Plan. Additionally, the Luton Landscape Character Assessment (2014) identifies the Lea Valley as a Landscape Opportunity Area, presenting an excellent opportunity to enhance the landscape, improve the ‘sense of place’ and link areas together, with development presenting an opportunity to enhance both the landscape and access to it. The Upper Lea Corridor is located within Character Area 4a which includes the south western corner of the Barnfield College site. Finally, the western boundary of the Barnfield College site is identified in the Local Plan as an Area of Local Landscape Value (ALLV), which links to Cowslip Meadows to the north and Riverside Park to the south.
76. The landscaping proposals put forward as part of this current application comprise a ‘Piazza’ to the north of the building to provide space for staff, students and visitors in an attractively landscaped area in front of the new building.
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Fig. 9: Piazza Area and Landscaping to the Front of New Building
77. Additionally, the proposals provide for a Linear Park on the western boundary of the site. Currently this area is fenced off and not open to the public. In the proposals this area would be made accessible to the public with a new footpath provided through this area to enhance accessibility. It would utilise existing tree cover where possible, although some trees would need to be removed and replacement tree planting would be necessary. Additionally, the Linear Park would provide new totem signage at the northern and southern entrances to the spaces to announce the space but also to facilitate better connections to the adjacent open spaces to the north and the south, seeking to create a continuously accessible corridor. Finally, the access through to Kingsdown Avenue would be introduced, which is important in providing a link through to the River Walk to the south.
78. The piazza feature is obviously a welcome element of the proposal, creating an attractive frontage in conjunction with the gateway building behind it. In relation to the Linear Park element this is also considered to be a positive aspect of the scheme, responding to the Area of Local Landscape Value (ALLV) and the historic landscape character of the River Lea corridor.
79. Firstly, the proposed redevelopment does not encroach upon the ALLV, it rather extends this space through the creation of the Linear Park and the removal of built form on the western boundary of the site. Additionally, the proposal improve this landscape corridor both visually and physically by making it publicly accessible and making it a specific feature of the redevelopment with new signage, new tree planting, hedging, shrub and herbaceous planting. Accordingly, the proposal is considered to respond
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positively both to the ALLV designation and the historic landscape character of this area, thereby complying with both Policies LLP29 and LLP30 of the Local Plan.
80. It is recognised that in the consultation responses from Planning Policy, the Environment Agency and the Council’s Ecologist that it is stated that the opportunity for the Riddy Brook to be released from its culvert under the A6 should be explored and this was specifically raised at the pre- application stage (*NB the Brook actually runs in a sewer under the A6, not a culvert). The applicant has explored this in depth but unfortunately it is not considered to be feasible at this time as part of the current proposals. Riddy Brook is a seasonal watercourse and discharges into sewers underneath the A6 when it does run. To create a new stream habitat in the Linear Park would be a significant engineering operation, which is unaffordable for the current scheme, and would also require work on land outside of the applicant’s control i.e. highway land. Releasing of the Riddy Brook from its culvert, which is it recognised would be enormously positive, is not considered to be necessary to make the current scheme acceptable. However, this is not to say that this de- culverting proposal is off of the table for good because there are later phases of redevelopment proposed. In the meantime, discussions with the Council as Lead Local Flood Authority can continue and for example it may be that a project can be undertaken to understand the rate of flow of the Brook as a first step.
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Fig. 10: Linear Park Proposals
Impact on Neighbouring Amenity
81. In relation to the impact on neighbouring residential amenity, it is recognised that the proposed built form of the new college building would be moved to the north of the site primarily to allow existing buildings to
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continue to be utilised during the construction period and to provide a gateway building as discussed above. Objections have been received from local residents in Barnfield Avenue with regard to loss of privacy and overlooking from this four storey building. However, the separation distance between the new college building and residential properties would be in excess of 45m, which is a sufficient distance to avoid any detrimental overlooking or detrimental loss of light. Further, in the main this would be a front to front relationship with properties on the opposite side of Barnfield Avenue and, as such, there would be no loss of privacy to the rear and more private areas of these properties.
82. The car park for the new college building would primarily be located on the footprint of part of the existing car park and, as such, no adverse impacts are anticipated. Finally, the proposed new sports pitch would be sited in a position where football pitches have been marked out previously. This is not intended to be floodlit and, therefore, no adverse impacts on residential amenity are anticipated from this element of the proposal.
Access, Parking and Highway Implications
83. Policy LLP31 sets out the sustainable transport strategy and is supportive of development that minimises the need to travel, provides sustainable modal choice and reduces congestion. Policy LLP32 seeks to ensure that an adequate provision of parking is available as it relates to development.
84. In relation to highways issues, the Transport Statement submitted with the planning application recognises that there are already significant problems with the major traffic routes adjacent to the site, particularly the A6 roundabout. The Highways Manager has advised that whilst the proposed development would add to the overall traffic levels to a minor degree, this increase in traffic associated with the proposal could be viewed to fall within the daily network variation. Accordingly, the minor increase in traffic levels would not warrant a refusal of permission or require improvement works and therefore no objection is raised.
85. Additionally, it should be noted that currently the College has approximately 1,000 full-time students, whereas historically it has had 2,500 full-time students and 800 part-time students enrolled. With the completion of the Phase 1 building programme it is anticipated that student numbers would increase to approximately 1,300 full-time and 500 part-time students, still well below the historical peak numbers of students at the College.
86. In terms of the specific access, a new vehicular access would be provided to access the College campus off of Barnfield Avenue immediately to the
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west of the existing easternmost car park entrance (gate currently closed). This would necessitate the relocation of the bus stop which is to be agreed with the Council as part of the off-site highway works. All three of the existing access/egress points would be closed and the footways, verge and full height kerbs reinstated. The Highway Authority has raised no issue with this revised access arrangement.
87. Specific concern has been raised through the application process about the proximity of the main pedestrian access being in the north-west corner of the site and close to the A6 roundabout which could encourage dangerous dropping-off and picking-up manoeuvres close to this busy roundabout. The applicant has recognised this issue and has made some design changes to the original proposal to seek to address this issue. These changes include the addition of double-yellow lines to be added to the A6 / Barnfield Avenue roundabout through the S278 highways agreement; additional 3m wide ‘spiky’ hedge planting to be provided along the northern boundary of the piazza to direct foot traffic to the entrance areas, thereby discouraging drop-off close to the roundabout; and enhanced wayfinding and signage to be provided to the drop-off area within the car park. As well as these physical changes the applicant recognises that there are behavioural issues associated with inconsiderate and dangerous vehicle manoeuvring. As such the College proposals that it will issue all staff and students protocols relating to both drop-off and parking, which is an established approach on other campuses and, the detail of which, would be provided through the Travel Plan. Finally, the applicant has stated that the new management of the College have an excellent relationship with the local Police force and that they meet regularly with the Police on a range of safety issues. To help prevent illegal driving behaviour at the A6 roundabout the College will discuss the potential for illegal driving behaviour and potential enforcement measures at future meetings with the Police, particularly when the new building first opens to reinforce good behaviours.
88. The above measures are all welcomed. In addition, the Highway Authority will require that all the potential S278 highway works are safety audited, which will include the potential problem of drop-off on the roundabout. The safety audit of the proposed S278 highway works, along with the measures proposed by the applicant, it considered to satisfactorily address the concern regarding drop-off/pick-up in close proximity to the roundabout.
89. In relation to parking, there are currently 367 parking spaces at the College, although recent surveys (November 2019) showed that only between 113 and 164 are in use. Following redevelopment of the site, there would be 141 permanent spaces provided for Phase 1 plus a 38
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space temporary car park. This would increase to around 250 spaces upon completion of all three phases of the College’s redevelopment.
90. The Council’s parking standards for a further education facility are based on staff and student numbers. In the Phase 1 proposals currently being considered, it is anticipated that there would be approximately 100 members of staff on-site on any particular day and 780 students on-site at any one time. Under the Council’s standards which require 1 space per two members of staff and 1 space per 15 students (total, which would be 1,800 in this case), this would result in a maximum parking requirement of 170 parking spaces. The 179 car parking spaces proposed is therefore over this maximum standard but only marginally so. It is not considered to be reasonable to refuse the application on the basis of nine additional car parking spaces above the Council’s maximum standards in this instance. Car parking can also be reviewed under the Travel Plan requirements.
91. With regard to cycle parking there are currently two cycle sheds on site and to the south of the existing car parks, which accommodate 74 cycles. The existing cycle stores would not be affected by the proposed works and, as such, this facility would remain in situ. In terms of the amount of cycle parking, whilst the current provision of cycle parking is below the minimum standards set out in the Local Plan for a further education facility, the travel surveys accompanying the application show that only 3% of students currently cycle to College. Based on the predicted student and staff numbers on-site at any one time, totalling 880 people, the existing level of provision would enable approximately 8% of people coming to the site to cycle. As part of the Travel Plan and general site management, the applicant would monitor usage of the cycle stands and suitable provision for additional stands can be made. This can also be required by the Council through the review mechanism of the Travel Plan.
92. In light of this assessment, sufficient car and cycle parking is considered to be provided in this instance and also the access arrangement and the impact on the highway network are also considered to be acceptable. The scheme would, therefore, be consistent with Policies LLP1, LLP31 and LLP32 of the Luton Local Plan 2011-2031 and Corporate Climate Strategies.
93. Additionally, as these preceding sections of the report have demonstrated that the proposal would not result in any adverse impacts on surrounding residential dwellings and that there is suitable vehicular access and dropping off areas; it is considered that all the criteria of Policy LLP24 have now been demonstrated to have been met.
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Flooding
94. The existing college campus is located within Flood Zones 1, 2 and 3, with the existing college buildings located predominantly within Flood Zone 1 but with an existing building to the south-west located within Flood Zone 2 and marginally within Flood Zone 3.
95. The new building associated with the Phase 1 redevelopment currently being considered is entirely within Flood Zone 1, an area with a low probability of flooding. The proposed accessible open space running parallel with New Bedford Road, known as the Linear Park, would be located within Flood Zones 2 and 3. As the new building is located within Flood Zone 1, the development is considered to be appropriate in this location and the requirement of the flood risk Sequential Test are satisfied.
96. It is noted that there is no objection from either the Lead Local Flood Authority (LLFA) or the Environment Agency subject to conditions and informatives.
Biodiversity
97. Policy LLP28 of the Local Plan relates to biodiversity and nature conservation and gives qualified support to development proposals that add to the net stock of wildlife habitats or where they help to deliver a net gain in the conservation and enhancement of designated sites or ecological networks.
98. The application is accompanied by Bat Surveys and a Preliminary Ecological Appraisal from the Ecology Consultancy. The Ecological Appraisal comprised a Phase 1 habitat survey, protected species assessment and an ecological evaluation of the site. The main findings of this report are that the site is not subject to any statutory or non-statutory nature conservation designations; two buildings with a low potential to support roosting bats were identified and the existing hedgerow and scattered trees are considered to have potential to support commuting and foraging bats and further survey work was required to establish the presence of bat activity; the site contains suitable habitat to support widespread reptile species such as slow-worm limited to small areas of shrub and scrub and precautionary working practices are necessary in this regard and the site is likely to support breeding birds and therefore vegetation removal needs to take place outside of the bird nesting season. The report also provides recommendations to enhance the biodiversity value of the proposals which are taken forward in the landscaping, drainage system and detailed planting proposals for the site.
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99. In response to the findings of the Ecological Appraisal the applicant undertook a bat survey which was conducted in August 2019 and found no evidence of roosting bats. Foraging and commuting activity was recorded for the Common Pipistrelle, Nathusius’ Pipistrelle and Noctule and it is therefore recommended that semi-natural habitats are retained on site and a sensitive artificial lighting strategy is put in place. With such measures in place and the biodiversity improvements afforded by the opportunity of the Linear Park, the proposal is not considered to be inconsistent with the objectives of Policy LLP28 of the Local Plan.
Arboriculture
100. An Arboricultural Impact Assessment has also been provided in support of the application. The survey identified 149 individual trees, nine groups and two hedgerows within and adjacent to the whole college campus site to be affected by the development proposals. Of the trees surveyed, four individuals have Category A status, 59 individuals were attributed Category B status, 82 individuals, nine groups and two hedgerows were attributed Category C status and four individual trees were given Category U status. No trees located adjacent to or in the proposed development site are subject to Tree Preservation Orders or Conservation Area restrictions.
101. Of the trees surveyed, 66 individuals, three groups and one hedge require removal to facilitate the proposed development. Of these only one Category B tree would need to be removed to facilitate the new building, the remaining trees requiring removal would all be Category C trees. No Category A trees would need to be felled as part of the proposal. Therefore, the majority of trees identified for felling fall within Category C which are considered to be unremarkable / low quality trees with low life expectancy and limited amenity value. Significant replacement planting is proposed in the Linear Park to mitigate the loss of these trees which is welcomed. Existing trees to be retained are to be protected through a tree protection condition and the replacement planting forming part of the landscaping proposals are also to be secured through a condition. The loss of existing trees on the site is not, therefore, considered to be a constraint to development in this instance.
Sustainability
102. It is evident that given the age of many of the existing buildings on the college site, that they are not energy efficient. A key driver of the project is to increase the sustainability of the College’s operations at the same time as creating a much improved learning and working environment. The applicant is accompanied by a BREEAM Pre-Assessment Report which
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demonstrates that the project can achieve a BREEAM ‘Very Good’ rating, above the policy requirement for this type of building to achieve a BREEAM ‘Good’ rating as set out in Policy LLP37 of the Local Plan. The design proposals for the Phase 1 building encompass contemporary techniques to achieve high levels of energy efficiency and environmental performance. For example the orientation of the building optimises opportunities for use of natural daylight, control of solar gain and glare as well as limiting the risk of overheating within larger communal spaces. Additionally, renewable energy generation would be provided in the form of photo-voltaic panels, solar hot water tubes and air source heat pumps. The attention to the sustainability of the building is welcomed and is in full accordance with Policy LLP37 of the Local Plan.
Crime Prevention
103. The Bedfordshire Police Crime Design Advisor originally objected to the application primarily on the grounds of the approach to boundary treatments. Following a constructive meeting on site, the boundary treatment has been revised and it is noted that these initial concerns have now been suitably addressed by the amended plans. Conditions are recommended in relation to boundary treatment and external lighting.
Other Material Considerations
104. In relation to other material considerations the proposal would result in job creation, both during the construction period but also when operational as the number of staff are anticipated to increase from the current number of 80 to 100. This is obviously welcomed and the use of local labour in construction will form a requirement in the S106 agreement.
105. With regard to the sports pitch specifically, this is a welcome feature of the current application and reintroduces a managed approach for the community use of this area of the playing fields, which have not been available for public use for a number of years. The need for one full-sized football pitch was agreed in pre-application discussions with Sport England and Bedfordshire FA and reintroducing community use back into this site accords completely with Part C of Policy LLP24 of the Local Plan regarding agreements to use school facilities. The use of the new football pitch would be managed through a community use agreement, to be provided through a condition attached to any grant of planning permission.
106. Finally, creating a new college building at this site with the aim of providing a significantly improved, modern learning and working environment would create both more job opportunities and further education opportunities,
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thereby according with the Council’s corporate aims to eliminate poverty and to provide an outstanding education offer for all.
CONCLUSIONS
107. The foregoing report demonstrates that the proposed development would be acceptable in principle, meeting the requirements of Policy LLP24 of the Local and not compromising either Policies LLP29 in relation to landscape character or LLP30 in relation to the historic landscape character. The design of the gateway building is considered to be of a high quality, which would be appropriate in this area and on this prominent corner site on a main arterial route into Luton, resulting in a positive impact on the character and appearance of the area.
Fig. 11: Indicative Visual
108. Additionally, the report has demonstrated that it would not result in any adverse impacts on residential amenity, the highways and parking issues are acceptable and issues relating to flooding, biodiversity, arboriculture, sustainability and crime prevention have also all been suitably addressed. The creation of more local job opportunities both during construction and operation is welcomed and a state-of-the-art further education facility in this location fully accords with Council’s corporate vision to provide outstanding education facilities.
109. On this basis, it is recommended that planning permission is granted, subject to conditions and a S106 legal agreement as set out in this report.
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LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
110. Luton Local Plan 2011-2031
111. National Planning Policy Framework (NPPF, or the Framework)
112. National Planning Practice Guidance (NPPG)
113. Green Infrastructure Plan for Luton (2015)
114. Luton Landscape Character Assessment (June 2014)
DETERMINATION OF PLANNING APPLICATIONS
115. 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
116. The determination of the application which is the subject of this report 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
117. The 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 recommendation is 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
118. In reaching the recommendations set out in this report, due regard has been given to the duty imposed upon the Council under Section 17 of the
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Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.
EQUALITY ACT 2010
119. In reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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. In this case, no disproportionate effect on people with protected characteristics has been identified.
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Appendix A: Conditions and Reasons
TIME LIMIT FOR COMMENCEMENT
(01) The development hereby permitted shall be begun not later than the expiration of 3 years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and document Nos.: 120160-IBI-WS-XX-PL-A-100-0005 Rev P6, 120160-IBI-WS-XX-PL-A- 100-0011 Rev P1, 120160-IBI-WS-XX-PL-A-100-0002 Rev P12, 120160- IBI-WS-XX-EL-A-100-0021, 120160-IBI-1C-XX-EL-A-200-0051 Rev P2, 120160-IBI-1C-XX-EL-A-200-0050 Rev P2, 120160-IBI-1C-00-PL-A-200- 0020 Rev P5, 120160-IBI-1C-01-PL-A-200-0021 Rev P4, 120160-IBI-1C- 02-PL-A-200-0022 Rev P4, 120160-IBI-1C-03-PL-A-200-0023 Rev P4, 120160-IBI-1C-RF-PL-A-200-0025 Rev P2, 120160-IBI-WS-XX-PL-L-700- 0006 Rev 15, 120160-IBI-WS-XX-PL-L-700-0007 Rev 09 and 12016-IBI- WS-XX-SML-L-700-0001 Rev A.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(03) Construction of the development shall only proceed in accordance with the approved Construction and Environmental Management Plan dated January 2020, including any works of demolition.
Reason: To protect human health, the environment, the highway and the amenities of adjoining occupiers and surrounding uses.
(04) Prior to the commencement of above-ground works, excluding demolition and enabling works, full details of the materials to be used in the construction of the external materials of the building hereby approved shall be submitted in writing to the Local Planning Authority for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) The landscaping scheme hereby approved as part of the development as shown on drawing numbers 120160-IBI-WS-XX-PL-L-700-0006 Rev 13 and 120160-IBI-WS-XX-PL-L-700-0007 Rev09 shall be carried out in
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accordance with a programme to be submitted to the Local Planning Authority in writing for their approval prior to occupation of the development. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason: To enhance the appearance of the proposed development.
(06) Prior to any works of demolition or construction the tree protection measures as set out in Appendix 3 of the Arboricultural Impact Assessment and Method Statement by Arbeco dated January 2020 shall be in place and shall be retained for the duration of the demolition and construction works. The land so enclosed shall be kept clear of plant, building materials, machinery and other objects and the existing soil levels not altered.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(07) A landscape management plan, setting out management and maintenance responsibilities for all hard and soft landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development for its permitted use. The landscape management plan shall be carried out as approved and shall remain in force for as long as the development remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(08) Prior to the commencement of development, excluding demolition and enabling works, a surface water drainage scheme, based on sustainable drainage principles should be submitted to the Local Planning Authority in writing for their subsequent approval in consultation with Thames Water. The drainage scheme should demonstrate that the surface water run-off generated by critical storms up to and including the 100 year + 40 % climate change uplift storm will not exceed the drainage capacity of the site.
Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
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(09) No infiltration shall be permitted in contaminated ground. If there is no or only inconclusive evidence as to whether or not the ground is contaminated a detailed site investigation must be carried out to determine this before any construction is commenced.
Reason: To ensure a satisfactory standard of development.
(10) The construction of the surface and foul water drainage system shall be carried out in accordance with details submitted to the Local Planning Authority in writing for their approval. The system should be based on the Flood Risk and Drainage Assessment by GHD Group dated 18.12.2019.
Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment.
(11) Prior to first occupation of the development hereby approved, a detailed Travel Plan shall be submitted in writing to the Local Planning Authority for approval. The Travel Plan shall be in line with the prevailing policy and best practice and shall include as a minimum:
• A car park management strategy; • The identification of targets for trip reduction and modal shift; • The methods to be employed to meet these targets; • The mechanisms for monitoring and review, which should include a monitoring regime within six months of first occupation or 75% of building floorspace occupation, whichever occurs the soonest; • The mechanisms for reporting; • The penalties to be applied in the event that the targets are not met; • The mechanisms for mitigation; • Implementation of the Travel Plan to an agreed timetable or timetable and its operation thereafter; and • Mechanisms to secure variations to the Travel Plan following monitoring and reviews.
The Travel Plan shall be implemented as approved and retained for the life of the development.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(12) The development hereby approved shall not be occupied until the necessary off-site highway works on Barnfield Avenue required as a result of the development, have been installed, at the developer’s
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expense, in accordance with a scheme submitted to the Local Planning Authority in writing for approval prior to occupation. Written notification of the completion of the required works shall be provided to the Local Planning Authority before the development hereby approved is occupied.
Reason: In the interests of sustainable travel and to enable the achievement of objectives in the Travel Plan.
(13) Prior to first occupation of the development, at least 5% of car parking spaces as shown on approved drawing reference 120160-IBI-WS-XX- PL-A-100-0002 RevP12 shall be equipped with working electric vehicle charge points, which shall be provided for staff, students and visitor use at locations reasonably accessible from car parking spaces. The electric vehicle charge points shall thereafter be retained in perpetuity.
Reason: In the interests of sustainable travel.
(14) No development approved by this permission, excluding demolition and enabling works, shall take place until a Phase 3 Remediation Strategy, to address the contamination risks identified in the previously submitted Applied Geology Ground Investigation report dated February 2020 (Ref: AG3067-19-AJ53), has been submitted to the Local Planning Authority in writing for their approval. The remediation strategy shall include an options appraisal giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency action.
Reason: To protect human health and the environment.
(15) Prior to occupation a validation report shall be submitted in writing for the approval of the Local Planning Authority to demonstrate the effectiveness of any agreed remediation strategy. Any such validation report shall include responses to any unexpected contamination discovered during works.
Reason: To protect human health and the environment.
(16) In the event that contamination is found at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall then be undertaken by a competent person, in accordance with 'Model Procedures for the Management of Land Contamination, CLR 11'. A written report of the findings should be forwarded for approval
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to the Local Planning Authority. Following completion of remedial measures a verification report shall be prepared that demonstrates the effectiveness of the remediation carried out. No part of the development should be occupied until all remedial and validation works are approved in writing.
Reason: To ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.
(17) Prior to occupation of the development, a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from canteen cooking operations, including any external ducting and flues, shall be submitted in writing to the Local Planning Authority for their approval. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer’s instructions and operated at all times when cooking is being carried out.
Reason: To ensure commercial cooking odours are suitably controlled and mitigated.
(18) Details of any external lighting to be installed on the site, including the design of the lighting unit, any supporting structure and the extent of the area to be illuminated, shall be submitted in writing to the Local Planning Authority for approval prior to the installation of any lighting at the development. Only the details thereby approved shall be implemented.
Reason: To protect the amenity of existing and future neighbouring occupiers from adverse artificial light impacts.
(19) No above ground works, excluding demolition and enabling works, shall take place until a scheme for protecting the proposed college accommodation from noise from road traffic has been submitted to and approved in writing by the Local Planning Authority. The scheme shall follow the recommendations identified in the WYG Noise Assessment report (Ref: A115753) dated December 2019. No part of the college building hereby approved shall be occupied until such a scheme has been implemented in accordance with the approved details and it shall be retained in accordance with those details thereafter.
Reason: To ensure that suitable internal acoustic standards are achieved in accordance with the relevant standards.
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(20) Noise resulting from the operation of external plant in connection with the approved development shall not exceed the existing background noise level inclusive of any penalty for tonal, impulsive or other distinctive acoustic characteristics when measured or calculated according to the provisions of BS4142:2014 (as amended).
Reason: To protect the amenity of neighbouring occupiers.
(21) Prior to the construction of the sports pitch as shown on approved drawing reference 120160-IBI-WS-XX-PL-A-100-0002 RevP12 the following documents shall have been submitted to the Local Planning Authority in writing for their approval in consultation with Sport England.
• a) A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could adversely affect playing field quality; and • b) Where the results of the assessment to be carried out pursuant to the above identify constraints which could adversely affect playing field quality, a detailed scheme to address any such constraints shall be provided to the Local Planning Authority. The scheme shall include a written specification of the proposed soil structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation.
The sports pitch shall be constructed and marked out prior to the occupation of the development.
Reason: To ensure that the playing field is prepared to an adequate standard and is fit for purpose.
(22) Should a scheme be required in accordance with Condition 21 b) above, the approved scheme shall be carried out in full in accordance with the approved programme of implementation. The land shall thereafter be maintained in accordance with the scheme and be made available for playing field use in accordance with the scheme.
Reason: To ensure that the playing field is prepared to an adequate standard and is fit for purpose.
(23) Use of the development shall not commence until a Community Use Agreement prepared in consultation with Sport England has been submitted in writing to the Local Planning Authority for their approval, and a copy of the completed approved agreement has been provided
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to the Local Planning Authority. The agreement shall apply to the sports pitch and shall include details of pricing policy, hours of use, access by non-college users, management responsibilities and a mechanism for review. The development shall not be used at any time other than in strict compliance with the approved agreement.
Reason: To secure well managed and safe community access to the sports facility to ensure sufficient benefit to the development of sport.
(24) Prior to the commencement of above-ground works (excluding enabling development), details of a scheme of measures to mitigate the impacts of climate change and to deliver sustainable and resource efficient development through energy use reduction, efficiency and renewable and/or decentralised energy shall be submitted to the Local Planning Authority in writing for approval. The scheme should achieve the 2013 Building Research Establishment Environmental Assessment Method (BREEAM) ‘Good’ status. The scheme shall be installed before occupation of the development and shall be used and retained thereafter for so long as the development remains in existence.
Reason: In the interests of sustainability.
(25) The on-site drainage system shall incorporate an oil/water interceptor which acts to prevent petrol/oil being discharged into the surface and groundwater network.
Reason: To prevent pollution of the water environment.
(26) The applicant shall notify Affinity Water at least 15 days in advance of commencing the development.
Reason: To enable Affinity Water to intensify monitoring and to plan for potential interruption of the service.
(27) Any works involving excavations below the chalk groundwater table shall be avoided. If piling is deemed necessary, than a continuous flight auger (CFA) technique should be used, in accordance with the submitted Construction and Environmental Management Plan. The piling works must be supervised to prevent any potential contamination reaching the aquifer.
Reason: To prevent pollution of the water environment.
(28) The fencing hereby approved shall be erected prior to the occupation of the building hereby permitted.
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Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(29) The ecological impact mitigation measures, as indicated within the Preliminary Ecological Appraisal by Ecology Consultancy dated November 2019, shall be implemented as approved prior to first use of the development hereby permitted and shall be retained for the lifetime of the development where necessary.
Reason: To protect ecological interests on the site.
(30) Notwithstanding the provisions of Section 55 of the Town and Country Planning Act 1990 or of the Town and Country Planning (General Permitted Development) Order, 2015 (as amended), (or any Order revoking or re-enacting that Order with or without modification), no radio or TV aerials, satellite dishes or other antennae shall be affixed to the development or erected within its curtilage without the prior planning permission of the Local Planning Authority.
Reason: To ensure the satisfactory appearance of the completed development.
Page 106 of 187 AGENDA ITEM
COMMITTEE: DEVELOPMENT CONTROL 10 DATE: 28TH MAY 2020
SUBJECT: DEPOSITED PLANS AND APPLICATIONS FOR PLANNING PERMISSION AND OTHER PROPOSALS
REPORT BY: TEAM LEADER - PLANNING APPLICATIONS
CONTACT OFFICER: SANDRA RICHARDSON TEL: 01582 546304
IMPLICATIONS:
LEGAL COMMUNITY SAFETY
EQUALITIES ENVIRONMENT
FINANCIAL OTHER
STAFFING
AGENDA CATEGORY: SERVICE ISSUES
WARDS AFFECTED: VARIOUS ______
PURPOSE
1. To submit for the Committee's consideration applications for planning permission.
BACKGROUND
2. A report will be made at the meeting on the Applications as detailed at Items 10.1 to 10.3 on the following pages and the Committee's instructions are requested.
Page 107 of 187 DEVELOPMENT CONTROL COMMITTEE AGENDA ITEM 28th May 2020 10.1 RECOMMENDATION OF THE HEAD OF DEVELOPMENT MANAGEMENT
FOR APPROVAL OF PLANNING PERMISSION
APPLICATION NO: 19/01087/COU PROPOSAL: Change of use of from hotel (Class C1) to transitional housing scheme functioning as an HMO (Sui Generis) comprising 14 en-suite bedrooms with communal facilities and office space for managerial staff. LOCATION: 124 Crawley Green Road, Luton APPLICANT: Central Bedfordshire Council WARDS AFFECTED: Crawley
RECOMMENDATION(S)
1. It is recommended:
(i) That the reasons for approval set out in this report are agreed;
(ii) That planning permission is granted, subject to the conditions set out in ‘Appendix 1’;
(iii) That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions following any Committee resolution to grant permission (should any be required);
(iv) That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications):
Conditions (‘Appendix 1’)
(01) Time Limit; (02) Approved Plans and Documents; (03) Use of the Development; and (04) OMS and Statement of Compliance.
Page 108 of 187 REPORT
The Site and Surroundings
2. The application site comprises the front part of the wider Formal Old Naval Club Site, which has since been redeveloped to provide flats to the rear and a hotel/bed and breakfast within the extended and refurbished former Club building. The latter consists of a two storey building served by parking to the frontage and amenity space to its south-western flank. The site, cumulatively known as No. 124 Crawley Green Road, is situated on the south-eastern side of Crawley Green Road, with Wenlock Junior School located to the rear, Leygreen Close to the north-east and Blaydon Road to the south-west.
Relevant Planning History
3. Planning permission was first granted for the erection of the flats to the rear and the change of use, extension and refurbishment of the former Naval Club building to a hotel/bed and breakfast in 2015 (ref: 15/00464/FUL). Two additional flats were granted retrospective planning permission in 2017 (ref: 17/00339/FUL).
4. The hotel/bed and breakfast was fully renovated, however, never opened. Prior to the submission of the 2015 application, it had been suggested that the previous Applicant’s seek to provide flats within the Former naval Club building, with the location not being immediately apparent as the optimum place to provide guest accommodation.
5. Central Bedfordshire Council purchased the development sometime after and have now brought forward their proposal before Members.
The Proposal
6. Full planning permission is sought for the change of use of the building from guest accommodation providing 19 rooms to a 14-bedroom Transitional Accommodation Scheme (TAS) for low-risk occupants who require a low- level of management. Typically, the scheme would provide accommodation for people who may be vulnerable and who either originate from Luton or for whom it is necessary to place outside of the District (Central Bedfordshire) for their own safety/protection. Households who are assessed to be of a medium- or high-risk will not be accommodated at the facility.
7. The application is supported by a detailed ‘Occupation, Management and Support Plan’ (OMS). The following are provided for within the Plan:
− Purpose of the Plan;
Page 109 of 187 − Purpose of the TAS; − Details of the type of Occupancy proposed; − Scope of management; − Rules, restrictions and resolutions for future occupants; − Details of support, education and betterment for occupants; − Repairs, maintenance and internal/external management; − Security measures;
8. The application is brought before Members by reason of the number of representations that have been received, as well as at the request of Cllr. Terry Keens (Crawley Ward).
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
9. The revised National Planning Policy Framework (NPPF, or the Framework) was published in June 2019 and replaces the previous NPPF (2012). It provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
10. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision- makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Management Committee.
National Planning Practice Guidance (NPPG)
11. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
Page 110 of 187 12. The site is unallocated on the Policies Map of the Luton Local Plan 2011- 2031. Policies relevant to the proposal are LLP1, LLP13, LLP15, LLP17, LLP25, LLP31 and LLP32.
13. Policy LLP1 sets out a sustainable development strategy for the Borough.
14. Policy LLP13 deals with the economic strategy within the Borough. With regard to the proposed development, the policy refers to the provision of guest accommodation within Luton.
15. Policy LLP15 considers the provision of housing within the Borough.
16. Policy LLP17 advises upon the appropriateness of houses-in-multiple occupation.
17. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site, achieve adopted standards and create attractive and safe spaces.
18. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
19. Policy LLP32 considers the parking requirements of development, stipulating expected provisions and highlighting the sustainability of the Town Centre location.
Equality Implications
20. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
21. LBC Housing: No comments received in response to consultation request, however, intrinsically involved throughout the process.
22. LBC Highways: No objections.
23. Bedfordshire Police: No objections.
24. LBC Environmental Protection: No objections.
25. Affinity Water: No comments received. Any comments shall be reported at the Meeting.
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26. LBC Strategic Planning: No objections.
27. Thames Water: No objections.
28. In addition to those consultees listed above, LBC Private Sector Housing have assisted greatly in shaping the scheme and the content of the submitted Occupation, Management and Support Plan, as well as ensuring compliance with both LBC’s standards and national duties.
29. Statutory Neighbour Consultation: The application was notified to 34 properties and a site notice was posted. To date, 33 representations have been received.
Issues Raised Officer Consideration Noise and Disturbance. Considered within the body of the Report. Relevant condition relating to OMS.
Burden on services within Support plan in place and, given scale of Luton. the development, not significant impact upon services anticipated.
Anti-social behaviour, crime Considered within the body of the and safety within the area. Report. No objections from Bedfordshire Police. Relevant condition relating to OMS.
Insufficient justification. Additional information within OMS and legal opinion indicate appropriate justification provided.
Should revert to community Not proposed within this application. facility. Submission falls to be considered as proposed.
Harm to the character of the Considered within the body of the area. Report. Relevant condition relating to OMS.
Loss of existing use. Considered within the body of the Report.
Inconsistent with relevant Advised upon by Housing and legal housing legislation. opinion sought.
Page 112 of 187 No benefit to the community. Supporting details of the scheme seek to protect the community.
No need for HMOs. Application is not for an HMO. Reference to HMOs is provided for context and as an appropriate starting point for the consideration of the application only.
Chequered site history. Application must be considered on its own merits.
Parking. Considered within the body of the Report.
Insufficient consultation. Received from a property situated away from the site. Scope of consultation appropriate and proportionate. Site notice posted and significant response received.
Effect house prices. Not a material planning consideration.
Loss of privacy. Existing situation not altered by the proposal.
Issues with previous Not material to the merits of this planning permissions. application.
Fire safety. Considered within the body of the Report.
Property better suited to Not proposed within this application. home for the elderly. Submission falls to be considered as proposed.
MAIN PLANNING CONSIDERATIONS
30. The main planning considerations relate to the principle of development, the character implications of development, the impact upon adjoining occupiers and parking and highway implications.
Principle of Development
Page 113 of 187 31. Delay of the determination of the application has been the result of the negotiation of an ‘Occupancy, Management and Support plan’ (OMS) with the Applicant. This importance of these details was so fundamental to the appropriateness of the scheme that it was considered that it was vital to secure these details prior to the determination of the application. The final document, found at ‘Appendix 2’ of this report, comprises the cumulative work of Planning, Housing and Private Sector Housing (PSH) colleagues at Luton, together with counterparts at Central Bedfordshire. The approach has been supported by legal advice received at the beginning of the consideration process.
Provision of Transitional Accommodation
32. Policy LLP17 (Houses-in-Multiple Occupation) of the Luton Local Plan 2011-2031 relates to the provision of houses in multiple occupation within the Borough and states that permission shall be granted provided that material detriment to the character of the area would not occur, that there would be adequate provision of facilities and amenities, and that the units would comply with relevant standards.
33. Although not a house-in-multiple occupation (HMO), there are similarities in terms of the relationship of the anticipated occupiers to one another. There is no policy specifically related to the provision of transitional accommodation, however, this policy provides an appropriate starting point for the consideration of the application.
34. As with many applications, the starting point comprises the lawful use of the site, which, in this instance, is as guest accommodation. Members will be aware that it is not unusual for councils to provide temporary/transitional accommodation within such facilities. Although not best-practice, the use of guest accommodation, such as bed and breakfasts, for accommodating homeless individuals and families is a frequent occurrence. It, therefore, remains that the site could presently be utilised for a similar purpose that would not be subject to the management practices and standards that have been agreed over the lifetime of the application. The implications upon the wider area are to be considered within subsequent sections of this report, however, it is noted here that the grant of planning permission would result in a form of development that would be less impactful and over which the Local Planning Authority would retain a greater degree of control.
35. The practice of providing accommodation outside of an authority’s administrative area is common place. Members will be aware that there are many developments provided within and around Luton Town Centre that house individuals originating from other Council’s. These, however, are overwhelmingly derived from the conversion of office space through the prior approval process, and it is rare from the Council to experience a full
Page 114 of 187 application of this nature for which proper management can be negotiated and secured.
36. By reason of those details provided within the agreed OMS, it is considered that the need for the provision of a TA scheme has been established. Implications for the character of and residents within the surrounding area are considered within the subsequent sections of this report. Overall, it is considered that the TA scheme would be acceptable in this location.
Loss of the Guest Accommodation
37. As previously noted, concern as to the appropriateness of the location for the provision of guest accommodation was raised prior to the grant of planning permission for this part of the original development in 2015. This position would appear to have been realised and it is additionally noted that both national and local policy reflects this assessment, with guest accommodation of this type better situated either within identified centres or within areas where this a well-evidenced need. Within Luton, this is best exemplified by London Luton Airport.
38. For those reasons of the facility having never opened and furthered by the described sequential approach to the appropriateness of locations for such accommodation, the loss of the existing bed and breakfast/hotel is, therefore, considered to be acceptable, in this instance.
The Principle of Development
39. The scheme offers a considerable improvement over the unmanaged alternative for the site, providing a well-designed management and occupation plan for the building and ensuring compliance with the relevant housing standards of Luton Borough Council.
40. For those reasons, it is considered that, subject to accordance with the submitted plan that is secured by planning condition, the change of use to transitional accommodation would be acceptable.
Character Implications upon the Wider Area
41. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site and create safe and attractive places. As noted above, Policy LLP17 requires that proposals not significantly adversely impact upon the character and amenities of an area.
Page 115 of 187 42. There would be no significant external alterations to the existing building and, therefore, the prevailing built environment and visual amenities of the street scene would not be materially affected by the scheme.
43. Consideration of the proposal, therefore, relates to the character implications associated with the change in the form of accommodation being provided at the site. Both the existing and the proposed type of occupancy would be transitory in nature, although the length of stay would vary significantly. Crucial to the change in the impact upon the character of the wider area is, therefore, the management of the property and the type of resident being accommodated there.
44. The LPA has, therefore, undertaken to secure all relevant details so as to ensure that the property would operate with minimal impact to the surrounding area. Future occupiers would only ever be those characterised as being low-risk, a housing term that is defined within the submitted OMS. Management practices found within the same document are, therefore, proportionate in these terms and, for that reason, it is not considered that the property, from outwards appearance, would result in any significant character implications within the locality. The agreed details also speak to maintenance throughout the development, as well as the management of internal and external shared areas (e.g. landscape management). Subject to compliance with those agreed practices, there is no reason as to why the proposal would be significantly discernible from the lawful of the operation of the site as guest accommodation.
45. The above is furthered by the development continuing to provide for a residential use at the site and it is again noted that the building could already provide for a similar, entirely unmanaged form of development under the powers afforded to housing authorities.
46. In view of the above it is considered that the development would not cause significant harm to the character or amenities of the surrounding area and that the negotiated detail provides for an appropriate form of transitional residential development within an entirely residential area. The scheme, therefore, accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.
Implications for Adjoining Occupiers
47. All representations that have been received have been duly considered and, indeed, a significant reason behind the level of detail that has been secured prior to the determination of the planning application, which would ordinarily have been satisfactorily dealt with by the use of an appropriate planning condition, has been in direct response to the concerns of local residences.
Page 116 of 187 48. As previously described, there would be no external alterations to the existing building that would materially implicate its size, scale, appearance or physical relationship with surrounding properties. For that reason, it is considered that there would be no material visual, light or privacy implications associated with the scheme. With regard to the amenities of adjoining occupiers, those material implications considered to be relevant to the proposal are, therefore, directly related to the functionality of the transitional accommodation, such as the type of occupancy, noise and disturbance, security and management.
49. As discussed within subsequent sections of this report, the existing building provides for a transitory form of accommodation and the proposal would offer a greater degree of permanence. Comings and goings would be more regulated and are likely to align more closely with the timings of traditional market housing. Future occupants of the accommodation would only ever be categorised as ‘low-risk’ and, therefore, the propensity for anti-social behaviour is considered to be extremely limited. This view is supported by the thoroughly structured OMS, which accounts for behaviours and both security and prohibitive measures. The ‘low-risk’ occupancy and proportionate level of management would achieve a property that would not be materially discernible from the operation of the site for either its lawful use as guest accommodation or as a collection of flats.
50. Again, the starting point for the consideration of the proposal in terms of residential amenity is the ‘fall-back’ position, which consists of the use of the existing building for near-identical purposes without the significant degree of reassurance provided by the agreed OMS and statement of compliance. In this context, the proposal comprises a far-more-favourable position, however, notwithstanding this, it is considered that the scheme would not result in significant disturbance to the living environments of surrounding residential occupiers.
51. As far as reasonably practicable, the submitted details supporting the proposal would provide a form of development that would take every opportunity to minimise any perceived adverse implications upon the living environment of adjoining occupiers. Many concerns relate to assumptions about future occupiers and it is reiterated that the facility would be provided principally for those people who are vulnerable and/or have a connection to Luton. In any event, individuals and families accommodated at the site would be categorised as being ‘low-risk’ and the necessary management, procedures and security measures would be in place to mitigate any potential nuisances traditionally/anecdotally associated with this form of development.
52. Subject to compliance with the agreed OMS, it is, therefore, considered that adjoining occupiers would not be materially adversely affected by the
Page 117 of 187 scheme and that the proposal accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.
Living Environment for Future Occupiers
53. The resultant accommodation would provide a high quality living environment that accords with the relevant standards of the Council. Future occupiers would be furnished with generous internal communal areas to match the self-contained facilities to be offered within the 14 individual rooms. External amenity space would be situated to the south-west of the building as it presently exists and would provide future occupiers with an acceptable provision of quality green space.
54. Maintenance and management are accounted for within the submitted OMS, ensuring that the indicated living environment remains acceptable throughout the lifetime of the use, while security measures offer certainty over the safety of future occupiers.
55. Subject to compliance with the agreed OMS, as transitional accommodation scheme, it is, therefore, considered that development provides an acceptable living environment for future occupiers while accommodated at the site. It is thereby considered that the proposal accords with Policies LLP1, LLP17 and LLP25 of the Luton Local Plan 2011-2031.
Fire Safety and Security
56. The scheme has been designed in consultation with the Bedfordshire Fire and Rescue, while PSH Officers have also confirmed satisfaction with the proposal in these terms. Though a matter for Housing and Building Regulations, Members are advised that the development accords with relevant standards.
57. The agreed OMS considers site security and provides for behavioural restrictions, such as the consumption of alcohol being prohibited, security protocols and on-site security measures, such as a CCTV system. It is noted that Bedfordshire Police did not object to the proposal. Subject to compliance with the agreed OMS, no material implications are anticipated.
Highway Implications
58. Policy LLP31 sets out the sustainable transport strategy and is supportive of development that minimises the need to travel, provides sustainable modal choice and reduces congestion. Policy LLP32 seeks to ensure that an adequate provision of parking is available as it relates to development.
Page 118 of 187 59. The resultant scheme would benefit from a provision of 14 parking spaces situated on the frontage of the site. This is consistent with the existing arrangement of the site and provides a sufficient number of spaces for both staff and visiting professionals, as well as, although unlikely, the private vehicles of any future occupiers.
60. The Local Highways Authority has not objected to the scheme and, in light of the foregoing, no material implications are anticipated.
CONCLUSIONS
61. The proposal brought before Members comprises a thoroughly considered scheme that is subject to occupational requirements and management responsibilities that have been assessed in planning, housing, security and fire/building regulation terms. As far as can be considered of a planning application, the final scheme is considered to comprise an acceptable form of development that can be closely and precisely monitored for its accordance with those agreed details and, as far as can be considered reasonable, the resultant development provides a certain platform for the successful use of the site.
62. For those reasons, it is considered that the proposal is in conformity with the objectives of Policies LLP1, LLP13, LLP15, LLP17, LLP25, LLP31 and LLP32 of the Luton Local Plan 2011-2031.
63. On that basis, conditional approval of the application is recommended.
LIST OF BACKGROUND PAPERS
APPENDIX
• Appendix 1: Conditions and Reasons
• Appendix 2: Occupation, Management and Support Plan
• Appendix 3: Statement of Compliance with ‘HMO’ Standards
• Appendix 4: Transitional Accommodation Risk Assessment Guidance
LOCAL GOVERNMENT ACT 1972, SECTION 100D
64. Luton Local Plan 2011-2031
65. National Planning Policy Framework (NPPF, or the Framework)
66. National Planning Practice Guidance (NPPG)
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67. Planning Application Ref Nos: 15/00464/FUL and 17/00339/FUL.
DETERMINATION OF PLANNING APPLICATIONS
68. 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
69. The determination of the application which is the subject of this report 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
70. The 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 recommendation is 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
71. In reaching the recommendations set out in this 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
72. In reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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. In this case, no disproportionate effect on people with protected characteristics has been identified.
Page 120 of 187 APPENDIX 1
Appendix 1: Conditions and Reasons
(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan and document numbers: DC01, DC02, DC03, DC04, DC05, 19024SU1.01, 19024SU1.02, 19024SU1.03, 19024SU1.04, 19024WD2.01B, 19024WD2.02C and 19024WD2.03B.
Reason: To ensure a satisfactory standard of development, to ensure an appropriate living environment for future occupiers and to safeguard the character of the surrounding area and the amenities of adjoining occupiers.
(03) The building/site shall be used for the purposes of providing transitional accommodation for ‘low-risk’ individuals/families (a household) (Sui Generis) and for no other purpose specified in the schedule to the Town and Country Planning (Use Classes) Order 1987, (or any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).
Reason: To ensure a satisfactory standard of development and to safeguard the character of the surrounding area and the amenities of adjoining occupiers.
(04) The development hereby permitted shall be operated only in strict accordance with the ‘Occupation, Management and Support Plan’ (OMS) and the ‘’HMO’ Statement of Compliance’ within document Nos. DC03 and DC04 from first occupation and for the lifetime of the development.
Informative: The operator, Central Bedfordshire Council, shall at all times ensure that the internal and external areas of the site shall be kept in a clean, tidy and well-kempt state.
Reason: To ensure a satisfactory standard of development, to ensure an appropriate living environment for future occupiers and to safeguard the character of the surrounding area and the amenities of adjoining occupiers.
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Crawley Green Road, Luton Transitional Housing Scheme
Occupancy, Management and Support Plan
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This final draft Plan includes guidance and recommendations from Luton Borough Council on 26th March 2020. Ordinarily, this Plan would be produced immediately prior to a Scheme being made operational and residents occupying their homes. However, this Plan has been produced some months in advance of the intended occupation of the proposed Transitional Accommodation Scheme at 124 Crawley Green Road, Luton. It has been drafted specifically to support a Change of Use Planning application (to Luton Borough Council). It is written in good faith with regard to the commitments which Central Bedfordshire Council is prepared to resource and the standards of housing management (i.e. service standards) which CBC is prepared to uphold to ensure that the Scheme is well managed and successful, so as not to cause any adverse impact upon the local community, or the local environment.
1. Purpose of this document (Plan)
1.1 Definition This Plan exists to ensure that the accommodation at Crawley Green Road is well managed, thereby to reduce the risk of any negative impact upon the local community, or to the local environment. Central Bedfordshire Council intends that, through the successful implementation of this Plan, the residents of this Transitional Accommodation scheme will foster positive, productive relationships locally, becoming good neighbours to other residents, even though they are living at this scheme for a relatively short duration. This Plan will ensure that residents are able to transition from being homeless to secure permanent settled accommodation, able to get their lives back on track, within a reasonably short period of time. Typically, 20 weeks.
1.2 Scope The scope of this Plan is four-fold. To describe the residents who are likely to live at this scheme; explain how the scheme will be managed; detail the support that will be available to residents and how problems will be dealt with, should they occur. This includes the potential for issues that arise out of hours or emergency situations, should they arise and how Central Bedfordshire Council will respond to resolve any problems in a timely manner.
1.3 Out of There is a separate but relevant Risk assessment document (already scope provided) which outlines and explains the Central Bedfordshire Council approach to managing risk in the placement of homeless households to Council owned Transitional Housing Schemes. Whilst the risk assessment procedure is relevant (in deciding who will have access to schemes, each of which is risk classified), the procedure is not explicitly part of the Occupancy, Management and Support Plan.
2. Purpose of the Transitional Accommodation Scheme at 124 Crawley Green Road, Luton
2.1 Definition Transitional Accommodation exists to enable households who are homeless, to whom Central Bedfordshire Council (CBC) owes a duty to provide emergency accommodation on a temporary basis, to peaceably enjoy a safe place to live during a period in which their Homeless
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Application is assessed and whilst permanent settled accommodation is secured. Figures available in December 2019 indicate that the current average length of stay of households in Transitional Accommodation is 19 weeks, although the duration of stay can vary from a single night to potentially as long as 52 weeks.
2.2 Scope CBC has a legal duty to provide suitable accommodation on a temporary basis for households who are homeless. The Accommodation Services Team provides accommodation using different types of properties, including bed-and-breakfast accommodation; Council owned and managed hostels and a small number of properties in the private rented sector. The majority of properties (over 91%) are owned and managed by CBC, indeed over 95% is situated within Central Bedfordshire. The scheme at Crawley Green Road is the only scheme that CBC will place to out of the Central Bedfordshire area.
2.3 Out of People whose behavior is known to be poor, or might potentially cause scope harm, or potentially could have a negative impact (e.g. noise) upon the local community or the local environment will not in any circumstances be provided with accommodation at this scheme, even on a temporary basis. CBC is committed to being a good neighbour to other residents within the local community.
3. Scheme Occupancy
2.1 Definition This Transitional Accommodation (TA) Housing Scheme exists to provide accommodation to households who are assessed as presenting a low risk, meaning that no risk factors have been identified through the assessment process. The accommodation is therefore provided to ordinary people for whom there is no reason to believe that anyone might cause a negative impact locally; or cause harm or disturbance, or is known to exhibit behaviours which might be considered anti-social. Whilst the assessment category for occupancy of this scheme is low/ no risk (meaning that a risk factor cannot be discerned), it is also true that households placed at this scheme could include a person who may be vulnerable, due to the circumstances of a particular situation; or stress; or ill-health. For example, children are vulnerable. An older person may be vulnerable. A person who is unwell or physically disabled may be vulnerable, especially when they are experiencing the stress and uncertainty of being homeless. However, vulnerability does not necessarily equate to an identifiable risk factor. Where it does, a household that is both vulnerable and is assessed as being medium or high risk, will not be placed in the Crawley Green Road TA scheme. It is important to recognise that residents of this scheme may be vulnerable. Examples can include children; or persons who are fleeing
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the risk of harm elsewhere; or persons who have experienced hate- crime and are victims. Importantly, the assessment process for this scheme has concluded that despite their identified vulnerability, the household do not represent a risk to any other resident of the scheme or to a member of the local community. Every single case is subject to a risk assessment.
2.2 Most Typically, the most recent settled accommodation of residents of the recent Crawley Green Road TA scheme is likely to have been, either: settled (a) Locally, within Luton. Typically, a household may have a family home connection to Central Bedfordshire such that they are able to make a homelessness application to CBC, even though they have not previously or recently lived within the Central Bedfordshire area. (b) Within the Luton / Dunstable / Houghton Regus conurbation (and typically within Central Bedfordshire), where they are fleeing a threat of abuse or violence but wish to remain living relatively close to their most recent settled accommodation, for reasons of family support; or employment; or education. This reflects the nature of the conurbation as being a relatively large urban centre where communities are in close proximity. (c) Outside of the conurbation (e.g. London) where a household has never previously been resident in Central Bedfordshire, but has a local connection to the area, usually due to family relationships. If there is space at this scheme and the risk is low, the household may be placed at this scheme. The salient point here is that the requirement for this accommodation relates mainly to demand that arises ‘out of CBC area’; or to demand that is ideally placed ‘out of area’ due to a need to flee from abuse or violence, yet to remain living in close proximity to their established support network.
2.2 Control of Where a person placed at this TA scheme is (subsequent to their occupancy placement) identified as having a potential to cause harm, disturbance or to cause anti-social behaviour, they shall be re-assessed within 48 hours to evaluate the likely risk they represent. Appropriate action will be taken, thereby to ensure that this TA scheme remains occupied by low/no risk households. This is likely to mean that a household is moved to an alternative scheme, located within Central Bedfordshire, which is assessed as being suitable for medium and high-risk households. This will typically be achieved within 3 working days and may be achieved on the same day, depending upon the nature of the problem.
2.3 Oversight The Scheme Manager shall ensure that suitable arrangements are in on place to control occupancy, including the potential for guests to stay occupancy with a household, who are not recorded as being a member of the
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household at the time of placement. It is the responsibility of the Scheme Manager to ascertain the names of all household members when they are placed and to ensure that all residents understand their obligation to not have additional persons stay at the scheme, without the stated written permission of the Scheme Manager. This is to ensure compliance with Luton Borough Council House in Multiple Occupation (HMO) Regulations, which apply to this TA Scheme. The responsibility for scheme oversight, to monitor occupancy and to ensure that the scheme is at all times compliant with the relevant Luton Borough Council HMO Regulations is the Scheme Manager. This requirement specifically relates to the number of persons living in each room, their ages (where applicable) and to any issues that might be person specific. For example, disability. Any breach of the standards will be reported to the Accommodation Services Manager, who will formally consider lessons learned and take appropriate action to reduce the risk of the situation being repeated in the future. The Scheme Manager will ensure that: 1) The rooms above large enough to accommodation a child, will only be allocated a household with a child under 10 years old to ensure that statutory overcrowding standards are complied with. A household consisting of mother, father, and a child aged 10 or over, will not be allocated one room. 2) Statutory overcrowding will also be prevented through not allocating rooms where sharing of members of the same household of the opposite sex above the age of 10 who are not partners, for example Brother and sister, Father and daughter or Mother and Son.
4. Scheme Management
3.1 Definition The Scheme Manager is responsible for the effective management of the Crawley Green Road scheme, to ensure that all residents remain safe and can peaceably enjoy their accommodation. The obligation upon the Scheme Manager is to ensure that the accommodation is well-managed, such that problems do not arise which cause a negative impact locally. For example, to avoid anti-social behaviour problems caused to the local community (e.g. noise, or any kind of disturbance). Examples of appropriate management action include, but are not limited to the following examples: a) Not allowing alcohol to be stored or consumed within the rooms or any part of the accommodation, or the curtilage of the property;
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b) Meeting with all residents prior to occupation to set out clear expectations on behaviour and to explain the consequences of poor behaviour or anti-social behaviour. c) Dispute resolution between residents within the TA scheme. It is the responsibility of the Scheme Manager to promote a positive environment within the scheme, where residents are mutually supportive. The Scheme Manager will ensure that residents of the scheme understand the importance of mutual respect, tolerance and to avoid situations where lifestyles may clash or cause another resident to feel stress or anxiety. d) Promote an active and mutually supportive community, where the responsibility for the success of the scheme is shared and embraced by all residents, such that all residents are enabled to make a positive contribution, to create a successful scheme and mitigate the potential for problems.
3.2 Relevant The Scheme manager is responsible for knowing the scheme well, who management lives there and communicating with all residents so as to ‘nip problems actions and/ in the bud’. The Scheme Manager shall ensure they are aware of any/ or all underlying issues or concerns of residents, remaining vigilant to any intervention. potential problems; knowing the residents well and being prepared to take action proactively to avoid the potential for problems to arise or to escalate and become serious issues, which require would require a household to be moved. Where an issue does arise, the Scheme Manager shall take appropriate action to first understand the nature of the problem, its causes and why the problem has occurred. Where this cannot be established, the Scheme Manager will take appropriate action to de-risk the situation and will move residents to other schemes (located in Central Bedfordshire) to ensure that the possibility of problems occurring is reduced to a very low probability.
3.3 Resources The Scheme Manager shall be a full-time employee of CBC who shall attend the TA Scheme during not less than 8 sessions per week, where a session is a minimum of 10-12am (2 hours duration) or 2-4pm (2 hours duration). Appropriate arrangements will be made to ensure that periods of annual leave; or, absence due to ill health or training, are covered by a floating member of staff, who is a member of the same Accommodation Services Team. Where a problem arises, it shall be the responsibility of the Scheme Manager to resolve the issue, by drawing upon appropriate resources that are available to the CBC Housing Service in managing a range of TA Schemes, where the risk profile shall vary from low/no risk to medium and high risk. Where a problem occurs that is outside of office hours or is of an emergency nature (example, a fire), the Housing Service has a member of staff available for emergency call-out duty on a 24/7/365 basis. The appropriate contact details are provided on the CBC website and will
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be displayed prominently near to the entrance door of the Crawley Green Road property. Where this TA scheme is at 90% or higher occupancy, CBC shall ensure that there is a management presence (Scheme Manager or sub’) between 9.00am and 5.00pm each day of that occupancy. Where required, in the judgement of the scheme manager, a management presence will exceed the 9.00am to 5.00pm hours if that action is deemed to be necessary. It must be remembered that this TA scheme is low/no risk residents only. As with other CBC TA schemes, security will be provided outside of office hours (above) to provide 24 hour presence, where required and agreed by CBC Accommodation Services Manager – but it is stressed again that residents will be low/no risk. In addition to the above, the Housing Options Officer (part of the Housing Solutions Team) is responsible for the oversight of the Homelessness application. In this role, they will be in regular contact with the applicant/ household, ensuring they are actively seeking accommodation and fulfilling their responsibilities set out in their Personal Housing Plan. Their role is to enable the applicant to be re- housed to permanent, sustainable settled accommodation in as short a period of time, as can be achieved.
5. Scheme Support Arrangements
3.1 Definition ‘Support’ is defined as interventions to enable/empower a customer to deal effectively with their problems; or to gain or renew life-skills, so that they are then able to secure and sustain their accommodation. Typically, support is provided to a household that is identified as being less able to cope with a situation, due to their vulnerability. The Scheme Manager’s role is to ensure that appropriate support is provided by the CBC’s Independent Living Team to each household, that is assessed to require support interventions, which are detailed in their Personal Housing Plan. This is based on an assessment of their needs; as well as an assets or strengths based assessment of what they are able to do for themselves. ‘Needs’ might typically include budgeting skills; low self-esteem, or the inability to read/write and complete forms. Strengths might typically include the ability to source their own accommodation in the private rented sector; or IT skills and general confidence (‘know-how’) about what to do. Whilst this TA scheme is designated for occupation by low/no risk households, it is also true that some households are likely to include a vulnerable person, including persons who are disabled due to age or because the households includes a child. Where a household member is vulnerable, the Housing Options Officer will, in devising a Personal Housing Plan, make a referral to the CBC Independent Living Team, to undertake an assessment of needs and strengths. The assessment shall identify
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appropriate actions to ensure the household is tenancy-ready by the time they are ready to move-on from TA. By creating an expectation of personal responsibility at the heart of the Personal Housing Plan, the customer is likely to move on from TA (to permanent settled accommodation) within a relatively short period of time. CBC’s Housing Service is an accredited AQA Assessment Centre. The range of courses offered by the Independent Living Team include, for example: (a) cleaning; (b) budgeting skills; (c) managing a tenancy. These courses are important for ensuring that a customer gains or renews life-skills, but also understands the expectation that they will be tenancy-ready when offered a permanent home. In every case, a Personal Housing Plan (PHP) is produced, on the basis of a risk assessment. The PHP shall detail the support that shall be provided to the homeless household as well as the detail of actions that they are responsible for, themselves. The PHP is produced and updated by the Housing Options Officer (case-officer) and is additional to the support arrangements (i.e. the person centered Support Plan), which the Independent Living Team is responsible for, where a person is identified as being vulnerable and requires support.
3.2 Relevant The Scheme Manager shall ensure they are aware of any underlying management support issues or concerns of residents (detailed in their PHP), actions and/ remaining vigilant to any potential problems; knowing the residents or well, understanding their vulnerability; and being prepared to take intervention action proactively to ensure that a resident is adequately supported to ensure a whilst living at this TA scheme. The Scheme Manager shall maintain vulnerable regular communication with residents and build relationships as the resident is basis of a strong community culture that is mutually supportive and adequately empathetic. supported. Where an issue does arise, the Scheme Manager shall take appropriate action to first understand the nature of the problem, its causes, why the problem has occurred and the effect upon the vulnerable person. Where this cannot be established, the Scheme Manager will seek intervention from the CBC Independent Living Team, to undertake an assessment and provide appropriate support.
3.3 Resources The assigned Housing Options Officer (case-worker) will typically be responsible for a case-load of 40 -45 cases. During the course of a typical week, the Housing Options Officer is likely to undertake 2.5 hours of work related to each household, their aim being to ensure that actions detailed within the household’s PHP are completed, thereby to ensure a timely progression from TA to permanent settled accommodation, or to prevent homelessness, depending upon the circumstances of the case. They are responsible for ensuring that the applicant is proactive to secure permanent settled accommodation, or more broadly to complete actions that are detailed within their PHP.
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Where an Independent Living officer is assigned to support an applicant, they will (a) produce a Support Plan; and (b) contribute to the development/monitoring of the PHP.
6. Out of Hours and emergency call out arrangements Where a problem occurs that is outside of office hours; or is of an emergency nature (for example, a fire), the Housing Service provides an out of hours response service for emergency call-out duty on a 24/7/365 basis. The appropriate contact details are provided on the Central Bedfordshire Council website and will be displayed prominently near to the entrance door of the Crawley Green Road property. The Housing Team response will depend upon on the nature of the problem. Where the problem is impacting negatively upon the local community, a member of staff will attend out of hours to resolve the situation.
7. Service Standards – Transitional Accommodation The Scheme Manager is responsible for ensuring that the following Accommodation Service Standards are achieved: Central Bedfordshire Council manage a number of TA Schemes, and each scheme has a manager who is responsible for the day-to-day running of the scheme. Our schemes cater for families and single people. We have some self-contained units but, in some cases (including Crawley Green Road), the residents will have to share some facilities with other residents. We will make sure that our TA Schemes meet the following standards: • The accommodation is clean and safe. We will clean each unit before a resident signs a licence agreement. We carry out an in-depth health and safety inspection each year. • Basic furniture is provided. • On-site support is available, where a household is assessed as being vulnerable and requiring support. • The Scheme Manager will be on site for a minimum of 16 hours per week. An officer will visit the resident at least four times during the duration of your stay in TA • We will make sure we deal with repairs. Here are some examples: – We will carry out emergency repairs where there may be danger to health, safety or security (for example, burst pipes or an insecure outside door or window) within one working day. We will normally respond to this type of repair within two to four hours to make the problem safe and remove any danger. – We will carry out urgent repairs where convenience or comfort may be seriously affected (such as a loss of electrical power, a blocked toilet, or a leaking water or heating pipe) within three to seven working days. – We will carry out routine repairs which can wait a short time (such as minor problems with sinks or sticking doors or windows) within one month.
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– We will deal with heating repairs or breakdowns within two hours to three days. To assess how urgent the repair is, we will consider whether you are vulnerable, the weather conditions and whether another source of heat is available.
8. Person responsible for this Plan The officer responsible for the review and updating of this Plan is the Head of Housing Operations. The Plan will be reviewed one year after the Crawley Green Road scheme is first open and thereafter will be reviewed on a bi-annual basis. The officer responsible for implementation of this Plan is the Accommodation Services Manager, Housing Service, Central Bedfordshire Council. It is their responsible to ensure that the Scheme Manger fulfills their obligations, as detailed within this Plan.
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Find us online: www.centralbedfordshire.gov.uk Call: 0300 300 8XXX Email: [email protected] Write to: Central Bedfordshire Council, Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire SG17 5TQ
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124 Crawley Green Road, Luton 19/01087/COU This report provides detailed analysis to demonstrate how the proposals for 124 Crawley Green Road will comply with the specific requirements of the Luton Borough Council HMO Standards. The proposals for 124 Crawley Green Road are considered, item by item, against each of the detailed requirements. The original Central Bedfordshire Council (CBC) application was made on the basis of the pre- application advice. The recent response dated 1st November 2019 from Mr Dore, Senior Planning officer, states clearly that the application will be considered with reference to LP17 and the HMO standards. CBC have reconsidered the proposed layout and has reduced the total number of accommodation units/rooms down to 14, from the original 17. It is our intention to bring forward a successful scheme that satisfies all relevant standards and is well managed. A separate management/support plan is being provided to LBC. The information provided below relates to compliance with Luton Council’s HMO standards and room numbers relate to rooms proposed on drawings 19024wd2.01 and 2.02 Room sizes – Space standard compliance The proposed room configuration and allowable occupancy is set out below. This determines the total number of occupants, which then determines provision of cooking, washing, and storage, etc. facilities. Rooms: 1. 9.8sqm – suitable size for one person. 2. 21sqm – suitable size for 2 persons, with one child aged under 10 years old. 3. 22.5sqm – suitable size for 2 persons, with one child aged under 10 years old. 4. 26.2sqm – suitable size for 2 persons, with one child aged under 10 years old. 5. 11.3sqm – suitable for one person. 6. 25.6sqm – suitable size for 2 persons, with one child aged under 10 years old. 7. 17.3sqm – suitable size for 2 persons. 8. 11 – suitable size for single person. 9. 21sqm - suitable size for 2 persons, with one child aged under 10 years old. 10. 21sqm - suitable size for 2 persons, with one child aged under 10 years old. 11. 8.2sqm - suitable size for one person. 12. 17.2sqm - suitable size for 2 persons. 13. 24sqm - suitable size for 2 persons, with one child aged under 10 years old. 14. 16.3sqm - suitable size for 2 persons.
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Notes 1) The rooms above large enough to accommodation a child, will only be allocated a household with a child under 10 years old to ensure that statutory overcrowding standards are complied with. A household consisting of mother, father, and a child aged 10 or over, will not be allocated one room. 2) Statutory overcrowding will also be prevented through not allocating rooms where sharing of members of the same household of the opposite sex above the age of 10 who are not partners, for example Brother and sister, Father and daughter or Mother and Son. 3) Reference below to “2-person accommodation” includes 2-person and child under 10 yrs.
Summary Room Adult occupancy Possible child (under 10) 1 1 2 2 0.5 3 2 0.5 4 2 0.5 5 1 6 2 0.5 7 2 8 1 9 2 0.5 10 2 0.5 11 1 12 2 13 2 0.5 14 2 Total max 24 3.5 (7 children under 10)
Washing facilities, sanitary conveniences All units of accommodation will have their own (en-suite) washing and toilet facilities, no shared facilities, so are fully compliant with the standards. All facilities are in separate rooms within the unit. There will be a separate toilet for on site management staff. All facilities will be adequate size and layout. Kitchens (shared) All 2-person accommodation units contain their own cooking facilities, consisting of a small hob, sink and drainer, work surface, storage, electrical points, and fridge. There is one shared kitchen for the four single person units, which is suitably located on the ground floor, close to the staircase to the first floor. The kitchen provides a good U-shaped layout, suitable for multiple facilities within. The kitchen is very close (opposite) to a shared dining room. To meet the required standards for 4 adults (those in single rooms), there will be:
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a) A double bowl sink with drainer. b) A standard 600mm cooker with dedicated cooker point outlet. c) At least three double sockets suitable located. d) A fixed worktop of suitable material of at least 1500mm in length for the maximum No of occupiers. e) The provision of dry goods storage space at the rate of at least 4 double wall or single base units (one per single person occupancy). f) Each room/occupancy (single and double) will have their own fridge – fully compliant. g) Provision of appropriate refuse disposal facilities, h) Appropriate extractor fans will be built into the kitchens.
Units of accommodation without shared basic amenities As stated above, all 2-person units will have their own cooking and food preparation facilities, for the exclusive use of the room occupants. Cooking facilities include two rings with oven and grill, properly connected. Each will have a sink and drainer with appropriate splashback, 1500mm worktop, three suitably located double electrical sockets, at least one double wall cupboard or single base cupboard, fridge with freezer compartment, Fire Precautions The property will be fully provided with an adequately protected means of escape from fire. The Council will undertake an appropriate fire risk assessment and maintain and review that assessment. The technical specifications of the detection and alarm system will be included in the Fire Risk Assessment. Heating All rooms will be provided with adequate space heating. Lighting and ventilation All units of accommodation have adequate natural lighting ang and ventilation. It is noted that rooms 7 and 14 require window heights/area to be confirmed to ensure the 1/20 requirement is met. En-suites will have mechanical ventilation provision. Common Rooms There is a large dining room (circa 20sqm) primarily for use of the four single person households but other households will not be restricted. The 2-person units have sufficient space for provision of a small table and chairs. Refuse storage and disposal The residents will use the existing bin stores, as indicated on the drawings.
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Management The accommodation will have on-site staff/management presence, with access to out of hours service. A separate Occupancy, management, and support plan is provided.
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Practice Guidance: Transitional Accommodation Placement Risk Assessment Transitional Accommodation Placement Policy
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Practice Guidance: Transitional Accommodation Placement Risk Assessment Transitional Accommodation Placement Policy
Directorate Social Care Health and Housing
Service Housing Needs
Owner Head of Service Carol Rooker
Approved by Assistant Director Version 0.3 Housing Tony Keaveney
Policy approval June 2018 Review date July 2021 date
SECTION 1. PURPOSE OF THIS GUIDANCE
The Transitional Accommodation Placement Policy sets out the Council’s approach to the placement of households in transitional accommodation, both in and out of the Central Bedfordshire area.
This practice guidance expands upon this approach, specifically in relation to what should be considered by officers as part of the assessment process. This ensures that: Housing Service teams take a consistent approach to evaluating the risks, needs, assets and support requirements of households, Decisions are in alignment with the homeless applicant’s Personal Housing Plan (PHP) and A strength-based approach is taken to assessing suitability of the accommodation, so that decisions take account of what a person or household can do for themselves.
A detailed person-centred assessment known as (Housing Options TA risk assessment) is completed for each applicant by Housing Options Officers so that Intensive Property Management Team officers can thoroughly consider whether a placement is suitable, in line with the policy.
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12.6 and 12.8 of the Transitional Accommodation (TA) Placement Policy sets out a list of factors that will be considered when prioritising applicants for accommodation: within, or in areas immediately adjoining Central Bedfordshire and within neighbouring areas in locations that might not be immediately adjoining Central Bedfordshire.
To ensure a consistent approach to 12.6 and 12.8, a TA Placement Risk Assessment tool has been developed that officers must complete when assessing whether it is reasonably practicable to make an out of area placement. This prevents high or medium risk applicants being housed outside the local area (i.e. outside the Central Bedfordshire local authority area).
This practice guidance sets out how and when the risk tool should be used. The guidance has been produced for staff to ensure consistent and high-quality decision making. We want to ensure that the location of TA placements is suitable for applicants or their household so as to minimise disruption to: employment, caring responsibilities education of the person or members of the person’s household access to medical facilities access to services that are essential to the well-being of the person or members of the person’s household and access to local services, amenities and transport.
We also want to avoid disruption to neighbours of TA properties and will only place high or medium risk applicants within Central Bedfordshire. We have a care of duty for licensees and need to ensure that their accommodation is safe and suitable for their individual circumstances, whilst also taking in to account our role as a responsible landlord to those in the vicinity of the accommodation. Floating support will be tailored for the licensee and their household depending on their individual circumstances so as to improve outcomes for the licensee and their neighbours.
SECTION 2. ABOUT THE TRANSITIONAL ACCOMMODATION POLICY
The Transitional Accommodation Placement Policy was approved by Executive in June 2018. The policy details how applicants will be prioritised for transitional accommodation in Central Bedfordshire, and out of area.
The policy covers both interim placements made under Section 188 Housing Act 1996 (HA96), while homelessness enquiries are undertaken, and longer-term transitional accommodation placements for households accepted as homeless under section 193 HA96 (referred to in the Act as temporary accommodation).
The purpose of the policy is to clarify what the term ‘reasonably practicable’ usually means in terms of the suitability of offers made within and outside of the Central Bedfordshire area.
The policy states that:
As far as reasonably practicable Central Bedfordshire Council (CBC) will aim to house homeless people within the local area. The Council will only make out of area placements when no accommodation in the local area can be procured or where there are good reasons for an out of area placement, such as to reduce risk to a household.
If accommodation cannot be procured in the local area, then the principal needs of the individual household will be acknowledged, including adults and children, and assessed both individually and collectively when determining the location of accommodation. CBC Transitional Accommodation Placement Policy, 2018.
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The policy was developed to set out the Council’s approach to applying The Homelessness (Suitability of Accommodation) Order 2012. This secondary legislation details the following criteria: In determining whether accommodation is suitable for a person, the local housing authority must take into account the location of the accommodation, including— where the accommodation is situated outside the district of the local housing authority, the distance of the accommodation from the district of the authority; the significance of any disruption which would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household; the proximity and accessibility of the accommodation to medical facilities and other support which— o are currently used by or provided to the person or members of the person’s household; and o are essential to the well-being of the person or members of the person’s household; and o the proximity and accessibility of the accommodation to local services, amenities and transport.
The Homelessness (Suitability of Accommodation) Order 2012 The TAP Policy acknowledges that although the vast majority of TA is owned or managed by CBC and within the Central Bedfordshire area, there will be occasions when an out of area placement is required:
9.7 There is an acute shortage of affordable housing available locally, mainly due to rising rental costs and substantial demand. There are also a substantial number of applicants (during most years) who approach the Council seeking assistance who do not originate or have not recently been resident within Central Bedfordshire. It may not be reasonably practicable to provide TA to every applicant within the Central Bedfordshire area, although this depends on current demand and where the household has been living recently. There are some applicants whose local ties are not strong, where they can reasonably be pragmatic as to where they stay for a relatively short period of time (typically 4-6 months), whilst their Homelessness application is assessed or they secure permanent settled accommodation. The important point is that every case will be considered individually, on the basis or risk and suitability, having regard to the criteria above.
The policy states that prior to placing a household into such [out of CB area] accommodation, an assessment will be undertaken. This practice guidance sets out how the assessment should be carried out.
SECTION 3. WIDER POLICY CONTEXT
Strategies Homelessness Strategy, 2015 to 2020 (PDF 303.3KB) Homelessness Strategy Action Plan, 2017 to 2020 (PDF 82.2KB)
Page 140 of 187 APPENDIX 4
Policies Transitional Accommodation Placement Policy (PDF 482.5KB) - this document sets out our approach to the placement of households in transitional accommodation, both in and out of the Central Bedfordshire area. Policy to Discharge the Council’s Homeless Duty to a Suitable Private Sector Property (PDF 320.3KB)
Practice guidance and procedures License agreement Tenants Charter License Review form (appendix A) License Management options – Eviction procedure
SECTION 4. RISK ASSESSMENT GUIDANCE
Why is this risk assessment required? 12.6 and 12.8 of the Transitional Accommodation Placement Policy sets out a list of factors that must be considered when prioritising applicants for accommodation: o within, or in areas immediately adjoining Central Bedfordshire and o within neighbouring areas in locations that might not be immediately adjoining Central Bedfordshire This TA Placement Risk Assessment practice guidance sets out how 12.6 and 12.8 can be considered consistently through the use of the TA Placement Risk Assessment.
Who should complete the assessment? Competent trained officers should complete the assessment. A list of competent officers is maintained by the Lettings and Transitional Accommodation Manager (L&TA Manager) and the training to consistently implement this practice guidance will be delivered within teams.
When should the risk assessment be completed?
Housing Options (HO) officers are responsible for completing the Housing Options assessment that details the factors to consider when offering TA. HO will complete the Housing Options TA risk assessment and send a referral to Intensive Property Management Team (IPMT) to request a Transitional Accommodation Placement. Upon receipt, Senior Intensive Property Management Officer (IPMO) will review the TA Placement Risk Assessment in case any new information comes to light during contact with the person. The Senior IPMO will complete a review of the accommodation available to identify a suitable placement in liaison with the IMPO for the area. If the risk assessment identifies the person or household as medium or high risk, they will not be considered for a placement outside the local area.
Page 141 of 187 APPENDIX 4
Once the Senior IPMO is satisfied that the placement is suitable, they should seek approval for the placement from the team leader. Where the placement is out of area or a high-risk household, approval must be sought from the L&TA Manager. The placement will include a monitoring process (having regard to suitability) and periodic review. Following management approval, the officer will confirm that a placement is available to the customer and will liaise directly with the customer and their Housing Options Officer to arrange the sign-up process. The IMPO is responsible for monitoring the placement (having regard to suitability and the risk assessment). Once a placement has been made the risk assessment should be reviewed within 3- 5 working days.
What are the categories of risk and how would these affect the suitability of the TA placement? The overall assessment of risk is based on the three definitions below.
RAG Definition Reasonable conclusion that may be drawn (by CBC staff)
Green In terms of the overall assessment, no The person/household may be placed in issues, risks or concerns have been any CBC owned/managed accommodation identified that require a specific which is categorised as being suitable for intervention or mitigating action(s), other low risk households, where that property is than to place the household in ordinary in reasonable proximity to the applicant’s Transitional Accommodation, in line with last settled accommodation, enabling them the Council’s Suitability Policy. to maintain employment, children in school etc.
Amber In terms of the overall assessment, there The person/household may be placed in are issues, risks and/or concerns which any CBC owned/managed Transitional have been identified, where an Accommodation that is: intervention or mitigating action(s) is within the Central Bedfordshire required to the extent that the placement to Transitional Accommodation must be area, situated within the Central Bedfordshire the TA is categorised as being area and not ‘out of area’. suitable having put in place any appropriate mitigation.
Red In terms of the overall assessment, The person/household may only be placed issues, risks and/or concerns have been in CBC owned/managed Transitional identified that require an intervention or Accommodation that is: mitigating action(s) to the extent that the within the Central Bedfordshire placement to Transitional Accommodation must be situated: area, the TA is categorised as being (a) within the Central Bedfordshire area suitable having put in place any and not ‘out of area’; and appropriate mitigation (b) must be to a scheme designated as specifically designated as being being for high risk applicants, whether suitable for high risk households. that is: supported housing, a self- contained unit, or accommodation where The sign off process for placement of a there is close supervision/monitoring by high-risk household will include approval by CBC staff, including a designated the L&TA Manager. The placement will caseworker.
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include a monitoring process (having regard to suitability) and periodic review.
How to complete the risk assessment Officers should generate a rapport with customers and through all forms of contact with the customer should form a positive relationship. Through conversation, officer should encourage customers to talk about their problems and concerns. Your role as an officer is to understand risk and then to assess the risk. If a customer is reticent to share information to inform the risk assessment, seek advice from your line manager on ways to improve customer confidence. Building a relationship is extremely important to achieve the best outcomes for the customer, mitigate problems from the outset and find the most suitable TA placement for them. From details provided in the Housing Options assessment and through conversations with the customer, the officer should complete the form below; selecting red for high risk, amber for medium risk and green for low risk by marking the relevant box with a ‘x’. If specific issues have been identified through discussions with the applicant, the officer should add this detail to the right-hand column. To ensure a consistent approach, a risk identification guide (see below) has been provided to assist the completion of this form.
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TA Placement Risk Assessment
CATEGORY RAG* CORE ASSESSMENT IDENTIFY SPECIFIC ISSUES (AS CONFIRMED BY THE APPLICANT)
Risk/ Harm to self or others Risks Substance Abuse
Financial (e.g. risk of abuse)
Requirements for budget and living, including Financial support Needs and potential Experience or history of domestic abuse where certain vulnerability types of accommodation are not suitable due to the risks related to the perpetrator
Emotional or behavioural issues where an intervention is necessary e.g. Child and adolescent mental health issues, physical
Help with achieving PHP sign off, or progressing PHP actions Support requirements Bidding / referral / applying for services
Emotional/ Behavioural support
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“Assets” A view on a person’s capability (life-skills, stability etc) to based deal with issues and resolve problems themselves. assessment
Additional areas of concern
Overall RAG RED [total of high risk identified above] Status = highest count AMBER [total of medium risk above] of risk GREEN [total of low risk above]
*place an X in the relevant box.
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Risk identification guide Officers should use this guide as a reference tool when judging whether individual customer’s circumstances are high, medium or low risk to complete the TA Placement risk assessment. If one or more high risk issue is identified, the person should be categorised as high risk unless there are any mitigating circumstances to lower this to medium risk. If one or more medium risk issue but no high-risk issues have been identified, the person should be categorised as medium risk unless there are any mitigating circumstances to categorise this as low risk. This risk assessment has been put in place to benefit customers to ensure they receive the services they need and ensure that those who could be affected by the customers behavior are protected through additional services and suitable accommodation that best meets their needs. Case study examples:
Case studies No. No. No. Result high medium low risks risks risks
Mr R is single has no mental health issues, drug or alcohol problems and has been able to pay the 0 2 (can be 12 Low rent, however he has had issues with budget management. He is assessed as low risk as although mitigated) there are budget management concerns, Mr R has shown a willingness to improve on these skills and has agreed to take part in a budget management course.
Miss K is a single mother with one child, no drug and alcohol issues, low level mental health issues, 0 4 6 Medium rent payment is sporadic and her child attends school regularly. Miss K is assessed as medium risk as although she has shown a willingness to improve the frequency of rent payments, there has been no proof of changes being made yet to achieve this.
Mrs H was recently released from prison, she has no mental health issues, drug or alcohol addiction, 2 1 10 High her Housing Benefit and Direct Debits are in place and rent is being paid on time. However, she is not bidding on the Housing Register, despite offers to assist. Mrs H is categorised as high risk as she has recently been released from prison and is not making sufficient effort to find permanent accommodation.
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Risk identification guide
High risk Medium risk Low risk High level mental health issues including hospitalisation/ depo injection/Care Co- ordinator/Psychiatry input Low level mental health issues No mental health issues
Significant addiction issues and support from Low level addiction or recovering from relevant services not in place addiction and support services in place No drug or alcohol addiction
Rent not paid and no means or steps to Offending history recent or client on RISK achieve this completed tag/probation Rent being paid
Issues with bills and maintaining their licence Social services involved at low level or due to financial problems beginning to withdraw their input No offending history Social services involvement is detailed and or children are on a Child Protection/ Child In Need Rent sporadic No social services input
Client still in the process of registering for Permanent move on plan in place - client bidding Client has made no attempts to register for Housing Register and Lets Rent or unable on the Register and registered on the Lets Rent permanent move on accommodation to access these schemes scheme.
Children not schooled and client making no NEEDS NEEDS progress to achieve this Billing issues Housing Benefit/Direct Debit in place Client unable to budget Some issues with benefits Utilities/CT and other bills being paid No benefits in place Client demonstrating ability to budget
Page 147 of 187 ASSETS SUPPORT and progress therein. actions and PHP ownership take oftheir to ability not demonstrate the person does The institutionalisation resulted inre-introduction society/to releasedRecently prison from has which Unsettled/ newly placed within TA
money money sometimesClient unreliable their with schooling for them Children or unsettled client unable to find their PHP. PHP. their for to take responsibility is positive yet faltering lacks is confidence, person The Settling into the home TA Page 148 of187
Settled in Settled their TA home All All andfamily benefits health in place actions therein. actions and oftheir PHP progressing ownership and capable highly taking person is The Children school attending
APPENDIX 4 APPENDIX 4
What happens when there are issues or problems related to a TA placement?
Regular reviews of the risk assessment are important to ensure the accommodation remains suitable for the customer and to monitor progress on the PHP. A TA License Review form should be used to record reviews (see appendix A). Where problems are identified through customer contact, complaints from neighbours, local residents or information from other agencies we will seek to resolve the problems quickly and effectively. Neighbours of schemes must be made aware of who to contact if they have a complaint, through clear signage. The license agreement that all TA licensees must sign before being given the keys, sets out clearly what is expected of licensees and the consequences of breaching this agreement. There are a range of license management options available to deal with breaches to a license. These are set out in TAP Policy and Eviction Procedure. This includes the options to move a person at short notice if the circumstances warrant this action. Schemes need to be managed effectively and problems must be resolved swiftly because we: have a duty of care for the licensee and their household and other licensees within a scheme, need to be good neighbours and maintain neighbours’ goodwill, maintain the reputation of the schemes so that future licensees are reassured that their TA is safe, well maintained and officers care about the wellbeing of those living in the schemes. must maintain the Council’s good reputation as a responsible landlord. This is especially vital where TA is located outside the CB area.
SECTION 5. RESPONSIBILITIES
IPMOs are responsible for completing the TA Placement risk assessment and maintaining this whilst the licensee remains in TA. The Head of Service is responsible for ensuring that the practice guidance is implemented and adhered to. To ensure this approach is consistently implemented, the L&TA Manager is responsible for regular quality assurance with an audit of three cases selected at random on a monthly basis with the outcome of the QA reported to the Head of Service.
SECTION 6. REVIEW
This practice guidance will be reviewed as and when the Transitional Accommodation Policy is reviewed.
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Appendix A
TA Licence Review Check any issues beforehand with repairs, rent payments, PHP customer actions and Housing Register application. Click here to Click here to Case RAG Click here to Date of enter case enter visit Number (support) enter COT date Contact/Visit number date
Client Details Tenant Joint Tenant Name Click here to enter name Click here to enter name Client number Click here to enter client number Click here to enter client number Address Click here to enter address Mobile Phone number Click here to enter phone number Click here to enter phone number Work Phone number Click here to enter phone number Click here to enter phone number Email address Click here to enter email address Click here to enter email address
Review Tenancy Is the licensee in arrears? Yes No Is there a record of any Anti Social Behaviour? Yes X No Has the licensee missed a previous visit (query abandonment)? Yes No Have any warnings been issued? Yes No Is there a photograph of the licensee on QL? Yes No If No, take photo and upload to QL Property Condition Condition of property Excellent Good Average Poor including garden Repairs required Yes No Damage caused by licensee Yes No Repair details
Comments
Circumstances
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Do you need help with bidding? Yes No If yes, refer to Housing register auto bid? Do you a registered GP? Yes No If yes, give details Do you have Rent in Advance for permanent accommodation? Yes No If no, work on Income & Expenditure with TA Officer
Family Composition Title Name Date of Birth Relationship N.I. Number
Is anyone in the household Yes No pregnant? If yes, who? When is the baby due?
Income and Expenditure
Income Weekly / Monthly Expenditure Weekly / Monthly Wages Rent Partner's Wages Council Tax Statutory Sick Pay Insurance Working Tax Credit Gas State Pension Electricity Occupational Pension Water Jobseeker's Allowance Other Fuel Income Support Groceries Incapacity Benefit Toiletries PIP Telephone Care TV Licence Attendance Allowance Cable Contract Carer's Allowance Car HP Child Tax Credit Car Tax Child Benefit Insurance Statutory Maternity Pay Petrol & Oil Maternity Allowance Travel/bus fares Student Income School Meals Non-dependent Contributions Clothing Other Income Child Care
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Income Weekly / Monthly Expenditure Weekly / Monthly Prescriptions, etc. Other Expenses
Total Income Total Expenditure Savings / Assets Disposable Income
Are you in receipt of housing benefit? Yes No Advise about any changes in circumstances/new claim Are you in receipt of Universal Credit? Yes No
Opportunities / Referrals Are you currently in If yes, employment Yes No work? type Office Use If no, would you like to Referral made to Yes No Yes No get back into work? Employment Support Would you like help Referral made to Yes No Yes No accessing training? Employment Support
Confirmation of visit Licensee TA Officer
Signed
Name Click here to enter name Click here to enter name
Office Use Recommended outcome of review by Line Manager RAG Rating correct Yes No Rent Arrears progression Yes No Discharge duty Yes No Property condition satisfactory Yes No Comments on actions to be taken;
Signed (TA Team Date Leader)
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Find us online: www.centralbedfordshire.gov.uk Email: [email protected] Write to: Central Bedfordshire Council, Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire SG17 5TQ
Page 153 of 187 DEVELOPMENT CONTROL COMMITTEE AGENDA ITEM
28th May 2020 10.2
RECOMMENDATION OF THE HEAD OF DEVELOPMENT MANAGEMENT
FOR APPROVAL OF PLANNING PERMISSION
APPLICATION NO: 20/00054/FUL PROPOSAL: Erection of three (three-bedroom, six-person) dwellinghouses with associated parking spaces and landscaping. LOCATION: Land on the Corner of Morris Close and Northwell Drive, Luton APPLICANT: Property and Construction, Luton Borough Council WARDS AFFECTED: Northwell
RECOMMENDATION
1. It is recommended:
(i) That the reasons for approval set out in this report are agreed;
(ii) That planning permission is granted, subject to the conditions set out in ‘Appendix 1’;
(iii) That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions following any Committee resolution to grant permission (should any be required);
(iv) That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development seeking minor material amendments (Section 73 applications):
Conditions (‘Appendix 1’)
(01) Time Limit; (02) Approved Plans and Documents; (03) External Materials;
Page 154 of 187 (04) Landscaping and Boundary Treatment; (05) Unidentified Contamination; (06) Removal of Permitted Development Rights (extensions, etc.); (07) Removal of Permitted Development Rights (HMOs); and (08) Removal of Permitted Development Rights (fences, walls, etc.).
REPORT
The Site and Surroundings
2. The application site comprises a grassed area situated on the southern side of Morris Close, south of its intersection with Northwell Drive. It is not allocated or operated as public open space.
Fig. 1: Site Location Plan
3. The application is brought before Members as it is a Council scheme, has received three objections and is recommended for approval.
The Proposal
4. The proposal seeks to develop three three-bedroom single family dwellinghouses. They would share a terraced arrangement and principally address Northwell Drive.
Page 155 of 187 Fig. 2: Proposed Site Plan
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
5. A slightly revised National Planning Policy Framework (NPPF, or the Framework) was published in February 2019 and replaces the revised NPPF published in July 2018. The NPPF provides guidance as to how the government’s planning policies are expected to be applied. The core principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
Page 156 of 187 6. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Control Committee.
National Planning Practice Guidance (NPPG)
7. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
8. The site is unallocated on the Policies Map of the Luton Local Plan 2011- 2031 and the policies relevant to the proposal are LLP1, LLP15, LLP25, LLP31 and LLP32.
9. Policy LLP1 sets out a sustainable development strategy for the Borough.
10. Policy LLP15 considers the provision of housing within the Borough.
11. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site, achieve adopted standards and create attractive and safe spaces.
12. Policy LLP31 sets out the sustainable transport strategy and stipulates that development will be permitted where it minimises the need to travel, reduces congestion and provides sustainable transport choices.
13. Policy LLP32 considers the parking requirements of development stipulating expected provisions.
Equality Implications
14. No disproportionate effect on people with protected characteristics has been identified.
Page 157 of 187 Consultation Responses
15. LBC Highways: Concern raised as to loss of the communal parking provision. Informatives suggested.
16. LBC Environmental Protection: No objections, however, noise condition suggested.
17. Affinity Water: No response received. Any comments will be reported at the Meeting.
18. Thames Water: No response received. Any comments will be reported at the Meeting.
19. LBC Waste Management: No response received. Any comments will be reported at the Meeting.
20. Statutory Neighbour Consultation: The application was notified to five properties and site notice posted. To date, three representations have been received.
Issues Raised Officer Consideration Visual intrusion. Considered within the body of the Report.
Parking. Considered within the body of the Report.
Loss of light. Considered within the body of the Report.
Highway and pedestrian Adequate splays retained to Morris Close safety. Junction. No issue raised by the Local Highways Authority.
Personal circumstanced. Cannot be considered in relation to this application.
Loss of green space/harm to The application site does not comprise the environment. formal green space, to which a policy objection to the development could be substantiated on that basis.
Page 158 of 187 MAIN PLANNING CONSIDERATIONS
21. The main planning considerations relate to the principal of development, impact on the character and appearance of the surrounding area, impact on the amenities of adjoining occupiers, quality of the living environment created and highway implications.
PRINCIPLE OF DEVELOPMENT
22. Policy LLP15 of the Luton Local Plan 2011-2031 (Housing Provision) relates to the provision of additional housing on unallocated sites and states that permission should be granted for additional dwelling(s) provided that it would not lead to the loss of a use for which there is a recognised local need, that the development would not result in the over-development of the site, and that the proposed accommodation met the identified requirements within the Luton Housing Market Area (LHMA) set out within the Strategic Housing Market Assessment (SHMA).
23. Detailed in table 1 is the identified need against the historic delivery per housing type from the latest Strategic Housing Land Availability Assessment (SHLAA – November 2019).
Table 1 Size Identified need Historic delivery (2011 to 2031) (2011/12 to 2018/19) 1-bed 420 2,307 2-bed 3,880 1,285 3-bed 10,910 383 4+bed 2,590 402
24. The development would not result in the loss of a use for which there is a recognised need, the development would contribute towards the identified need of the LHMA and, as will be considered with the subsequent sections of this report, the scheme would not lead to the over-intensive development of the site.
25. The need for the type and size of dwellinghouse for the use of families is such that a condition restricting the change of use to an HMO is recommended to be attached to any grant of planning permission.
26. In light of the foregoing, the principle of development is considered to be acceptable.
Page 159 of 187 Design, Character and Street Scene Implications
27. The development would be set back from those properties addressing Northwell Drive north of Morris Close and would project beyond those dwellings adjoining to the south of application site. This is consistent with the slight curvature of Northwell Drive and the slightly offset relation it presently shares with existing dwellings.
Fig. 3: Proposed Street Scene (Northwell Drive)
Fig. 4: Proposed Street Scene (Morris Close)
28. The development would provide for a terrace of three-dwellings, which is a pattern of development found frequently within the locality. The proposal, consistent with the varying topography, would vary in height, while the size, scale and incorporated roof form of each of the three dwellinghouses would be similar to those of surrounding properties. The distance of separation between the development and existing dwellings to the rear (Nos. 1 and 2 Morris Close) is defined as a flank-to-rear relationship and would be acceptable in terms of spaciousness retained.
29. In light of the foregoing, the design, street scene and character implications of the development would be acceptable.
Living Environment for Future Occupiers
30. Each dwellinghouse achieves the gross internal area as within the nationally described space standards set out by MHCLG (March 2015), while the level of light penetration to and outlook from habitable rooms is acceptable. The
Page 160 of 187 internal arrangement of each dwellinghouse is logical and, on balance, the provision of external amenity space would be acceptable.
Fig. 3: Proposed Floor Plans
31. By reason of the above, the proposed living environment for future occupiers would be acceptable.
32. A condition relating to noise insulation has been suggested by Environmental protection, however, it is not considered that this is proportionate to the limited scale of the development. This view is furthered by the residential nature of the surrounding area, as well that the matter will be dealt with under building regulations. No such condition has, therefore, be suggested.
Page 161 of 187 Impact on Adjoining Occupiers
33. Neither of the adjacent dwellinghouses, Nos. 1 and 9 Morris Close, benefit from window openings serving habitable rooms within the elevations facing the location of the proposal. Further, the application site is situated to the north-east and north-west of each of these sites respectively. For those reasons, neither of these adjacent properties would be materially affected by a significant loss of either outlook or light. The distances of separation accord with the previously adopted standards and, therefore, neither property would be materially affected by either visual intrusion or loss of privacy.
34. All other properties, including those that have objected to the proposal, are well-distanced from the application site and, as a result, are not considered to be materially affected by the scheme.
35. No other properties are considered to be materially affected.
Highway Implications and Parking
36. Policy LLP31 requires the traffic implications of development to be assessed in the context of their implications on the highway network. Policy LLP32 seeks to ensure development does not exceed the maximum parking standards contained within Appendix 2 of the Luton Local Plan 2011-2031.
37. Each of the three dwellinghouses would be allocated two parking spaces located to the north of the development, in locations presently used as unallocated parking for local residents. The provision would eb consistent with the requirements of Appendix 2.
38. The provision would be acceptable, with the Local Highways Authority concerned only with the loss of the existing spaces for general use, which it is acknowledged are well-used. It is, however, noted that parking within the locality is plentiful and would appear to be unrestricted, while the opportunity for both on- and off-street parking would continue to exist.
39. It is not considered that the concern would warrant refusal of the development on that sole basis and, ultimately, no material implications are, therefore, anticipated.
CONCLUSIONS
40. The principle of development is acceptable and the scheme offers no significant detrimental impact upon the street scene or amenities of the adjoining neighbours. Parking and the proposed living environment for future occupiers would be similarly acceptable and the development would, therefore, be in accordance with Policies LLP1, LLP15, LLP25, LLP31 and
Page 162 of 187 LLP32 of the Luton Local Plan 2011-2031. On that basis, approval is recommended.
41. Given the existing state of the site, the character of the surrounding area and the scale of development in question, it is not considered proportionate to require the submission of contamination, noise, drainage or construction management information.
LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
42. Luton Local Plan 2011-2031
43. National Planning Policy Framework (NPPF)
44. National Planning Practice Guidance (NPPG)
DETERMINATION OF PLANNING APPLICATIONS
45. 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
46. The determination of the application which is the subject of this report 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
47. The 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 recommendation is 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
48. In reaching the recommendations set out in this 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.
Page 163 of 187
EQUALITY ACT 2010
49. In reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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. In this case, no disproportionate effect on people with protected characteristics has been identified.
Page 164 of 187 Appendix I: Conditions and Reasons
(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan numbers: 02947-PC-00-00-DR- A-00001 Rev. P0, 02947-PC-00-00-DR-A-00002 Rev. P0, 02947-PC-00- 00-DR-A-00003 Rev. P0, 02947-PC-10-00-DR-A-10001 Rev. P0, 02947- PC-10-00-DR-A-20001 Rev. P0, 02947-PC-10-00-DR-A-20002 Rev. P0, 02947-PC-10-00-DR-A-20003 Rev. P0, PC-00-00-D0-A -90001, PC-00-00- D0-A -90002 and PC-00-00-D0-A -90003.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(03) Prior to the commencement of above-ground works, full details of the materials to be used in the construction of the roof, walls and fenestration of the development shall be submitted in writing to the Local Planning Authority for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(04) The hard and soft landscaping, boundary treatment and areas identified for both parking and bin storage hereby approved, as indicated on plan No. 02947-PC-00-00-DR-A-00003 Rev. P0, shall be implemented prior to the first occupation of the dwellings hereby permitted and retained thereafter.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted in writing a remediation strategy to the Local Planning Authority for approval. The report shall detail how this unsuspected contamination shall be dealt with and the development shall only recommence in full accordance with those approved details.
Page 165 of 187 Reason: To protect human health.
(06) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no building, extension or other structure shall be erected, constructed or placed within the curtilage of any dwellinghouse hereby permitted without the prior permission of the Local Planning Authority.
Reason: To prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
(07) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), the use of the premises shall not be changed to any use falling within Class C4 specified in the schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification), without the prior permission of the Local Planning Authority.
Reason: To safeguard the provision of dwellings for which there is a recognised/identified need within the Borough and to prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
(08) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no fence, wall or other means of enclosure shall be erected or constructed in front of the forward most part of any dwelling which fronts a highway, a footpath or approved open amenity space without the prior permission of the Local Planning Authority.
Reason: To prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
Page 166 of 187 APPENDIX 1
Appendix I: Conditions and Reasons
(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan numbers: 02947-PC-00-00-DR- A-00001 Rev. P0, 02947-PC-00-00-DR-A-00002 Rev. P0, 02947-PC-00- 00-DR-A-00003 Rev. P0, 02947-PC-10-00-DR-A-10001 Rev. P0, 02947- PC-10-00-DR-A-20001 Rev. P0, 02947-PC-10-00-DR-A-20002 Rev. P0, 02947-PC-10-00-DR-A-20003 Rev. P0, PC-00-00-D0-A -90001, PC-00-00- D0-A -90002 and PC-00-00-D0-A -90003.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(03) Prior to the commencement of above-ground works, full details of the materials to be used in the construction of the roof, walls and fenestration of the development shall be submitted in writing to the Local Planning Authority for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(04) The hard and soft landscaping, boundary treatment and areas identified for both parking and bin storage hereby approved, as indicated on plan No. 02947-PC-00-00-DR-A-00003 Rev. P0, shall be implemented prior to the first occupation of the dwellings hereby permitted and retained thereafter.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted in writing a remediation strategy to the Local Planning Authority for approval. The report shall detail how this unsuspected contamination shall be dealt with and the development shall only recommence in full accordance with those approved details.
Page 167 of 187 APPENDIX 1
Reason: To protect human health.
(06) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no building, extension or other structure shall be erected, constructed or placed within the curtilage of any dwellinghouse hereby permitted without the prior permission of the Local Planning Authority.
Reason: To prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
(07) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), the use of the premises shall not be changed to any use falling within Class C4 specified in the schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification), without the prior permission of the Local Planning Authority.
Reason: To safeguard the provision of dwellings for which there is a recognised/identified need within the Borough and to prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
(08) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no fence, wall or other means of enclosure shall be erected or constructed in front of the forward most part of any dwelling which fronts a highway, a footpath or approved open amenity space without the prior permission of the Local Planning Authority.
Reason: To prevent the over-intensive development of the site, to the detriment of the amenities of the surrounding area.
Page 168 of 187 DEVELOPMENT CONTROL COMMITTEE
28th May 2020
RECOMMENDATION OF THE DEVELOPMENT CONTROL MANAGER
FOR APPROVAL OF PLANNING PERMISSION
APPLICATION NO: 20/00155/FUL PROPOSAL: Erection of 2 x three bed dwellings after demolition of bungalow and garage. LOCATION: Woodbury, Woodbury Hill Path, Luton APPLICANT: Mr Warfield WARDS AFFECTED: Round Green
RECOMMENDATION
It is recommended that:
1. The reasons for approval set out in this report are agreed;
2. That planning permission is granted, subject to the conditions as set out within ‘Appendix I’;
3. That delegated authority is granted to the Head of Development Management to make minor alterations to the conditions following any Committee resolution to grant permission (should any be required);
4. That following any grant of permission that delegated authority is granted to the Head of Development Management to determine any subsequent planning applications related to this development both seeking minor material amendments to the development (Section 73 applications) ;
Conditions (‘Appendix I’)
(01) Time limit (02) Approved Plans and Documents (03) Landscaping (04) Landscape Management Plan (05) Boundary Treatment (06) Car Parking Area Laid Out and Ready For Use (07) Bin Storage Facilities (08) External Material Samples
Page 169 of 187 (09) Construction Management Plan (10) Triangular pedestrian visibility splays (11) Details of access (12) Protected Species (13) Compensatory Habitat Creation
REPORT
The Site and Surroundings
5. The application relates to a split-level detached dwellinghouse known as Woodbury. The property is accessed from Woodbury Hill Path, a private road with an access on Wardown Crescent. Woodbury Hill Path is sandwiched between Wardown Crescent which lies to the west and Mountfield Path which lies to east. It is located on a sharp hill gradient with land rising to the east.
6. Mature tree coverage lines much of the access route to the property and is prevalent within the surrounding area which forms part of the Bradgers Hill Corridor Area of Landscape Value.
7. The application is brought before Members at the request of Cllr. Andrew Malcolm and because there have been over four written representations from separate addresses objecting to the proposals.
Relevant Planning History
8. Two former applications for similar forms of development has been refused over the past 12 months (reference: 19/00686/FUL and 19/01539/FUL), with those applications considered to be an over-intensive form development that would significantly alter the rural character of the surrounding area, materially affecting neighbouring occupiers with implication in terms of highway and pedestrian safety.
The Proposal
9. The application relates to the erection of a two three bedroom dwelling house following the demolition of the existing bungalow and garage to the site.
Planning Policy
National Planning Policy Framework (NPPF, or the Framework)
10. A slightly revised National Planning Policy Framework (NPPF, or the Framework) was published in February 2019 and replaces the revised NPPF published in July 2018. The NPPF provides guidance as to how the government’s planning policies are expected to be applied. The core
Page 170 of 187 principle of the revised Framework is a “presumption in favour of sustainable development”. However, this does not change the statutory 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 must be taken into account in preparing the development plan and is a material consideration in planning decisions.
11. Paragraph 38 of the Framework advises that Local Planning Authorities should approach decision making in a positive and creative way and should work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible. Discussions have taken place with the applicant following the requirement for the application to be determined by the Development Control Committee.
National Planning Practice Guidance (NPPG)
12. The guidance was published in March 2014 and has been maintained in support of NPPF policy.
Luton Local Plan 2011-2031
13. The site is unallocated on the Policies Map of the Luton Local Plan 2011- 2031 and the policies relevant to the proposal are LLP1, LLP19, LLP25, LLP31 and LLP32.
14. Policy LLP1 sets out a sustainable development strategy for the Borough.
15. Policy LLP15 sets out the objectives for delivering housing across the Borough, section B in particular, indicates that planning permission will be granted on sites not allocated for housing provided that it would not lead to a loss of other uses for which there is a recognised local need. This policy also states that new housing should not result in over-intensification of the site;
16. Policy LLP25 seeks to have development enhance the character of an area, respond positively to the local context, minimise adverse amenity implications, optimise a site, achieve adopted standards and create attractive and safe spaces. New housing should be in accordance with Appendix 6;
17. Policy LLP29 – seeks to protect, conserve or enhance the character, setting and natural beauty of national and local landscape areas according to a hierarchy of designations.
Page 171 of 187 18. Policy LLP31 - requires the traffic implications of the development to be assessed in the context of their implications on the highway network;
19. Policy LLP32 – seeks to manage parking provision to support growth;
Equality Implications
20. No disproportionate effect on people with protected characteristics has been identified.
Consultation Responses
21. LBC Highways: Although no major highway implications anticipated, site is relatively remote and pedestrian access will be poor even with implied improvements to access road. Conditions requested relating to details of the access improvement works, triangular pedestrian visibility splays and construction method statement.
22. LBC Environmental Protection: no objections subject to land contamination informative.
23. LBC Heritage Consultant: proposed dwellings sit more comfortably upon the site and should have a neutral impact on the landscape value of the area, particularly if landscaping boundaries within the site is retained and enhanced. No objections
24. Statutory Neighbour Consultation: The application was notified to twenty- seven properties and a Site Notice was displayed. To date, fifteen representations have been received:
Issue(s) Raised Case Officer Consideration Private access road leading to site is not If minded to approve the applicant wide enough for construction traffic, would be required to submit full details emergency vehicles and refuge vehicles. of how it is intended that improvements Width of road also does not allow for will be made to the existing access to passing point/two way traffic. the site Risk to pedestrian and road users safety As above, the scheme now reduces the through use of access road number of bedrooms to each of the properties and the parking provision to the site which will materially reduce the level of comings and goings. Road is not adopted highway therefore is As this is a private road it is land owner hazardous during certain times of the responsibility to ensure the road year conditions are acceptable.
Page 172 of 187 Lack of information relating to road If approved a condition would be improvement works. attached ensuring further information is provided in this regard. Loss of privacy/overlooking The proposal now reduces the number of balconies proposed, reducing this to one per property at ground floor level. This coupled with the proposed boundary treatment will address issues in this regard. Increased noise and disturbance The increased noise and disturbance is not considered to be materially different to that which would be currently experienced and expected within a residential area. Visual intrusion The proposals have significantly reduced the scale and mass of the development and incorporated further landscape screening. In this regard the development is no longer considered to be materially harmful. Loss of light Due to the siting and location of the proposed dwellings in relation to the surrounding properties it is not considered that there will be a material harm in this regard. Need for application to be reviewed by If minded to approve such a Decision an Ecologist would be conditional on further information being provided as to how the applicant will address the potential impacts of the development on the surrounding ecology. This would be reviewed by the Council’s Ecologist. Proposals do not satisfy requirements of The proposals have sought to Local Plan relating to the Bradgers Hill introduce significant areas of soft Area of Great Landscape Value landscaping to the site and replacement tree planting. This is considered to be in keeping with the character of the AGLV. Protected species in proximity to the site If minded to approve consent would be which have not been conditional on further information being identified/addressed provided on how it will be ensured that the development will not cause harm to any protected species Over-intensive form of development The proposed dwellings have been significantly reduced in terms of scale and mass and will reduce the number
Page 173 of 187 of bedrooms provided to each property. As such the development is considered to respect the established layout of the surrounding area and not to be over- intensive in this regard. Impact on the character of the As discussed above by virtue of the surrounding area reduce scale and mass of the dwellings and introduction of further soft landscaping to the site the development is considered to be consistent with the established character of the surrounding area. Number of inaccuracies on Planning There are noted however these do not Application Form hinder the ability of the Local Planning Authority to determine the application. Communal waste area cannot be The applicant has stated that it will be accessed by refuge vehicles possible for residents to take their bins to Wardown Crescent on collection days Design out of keeping with surrounding Whilst a modern design approach have properties been adopted this is felt to be sympathetic to the rural landscape. Harm to surrounding wildlife. If minded to approve any permission would be conditional on further detail being provided on how the applicant will mitigate harm to surrounding wildlife.
25. A number of other concerns in relation to the development have been raised which are not material planning considerations, these relate to the legal rights of way over the land, the acceptability of the development in terms of legal agreements in place, the maintenance cost to residents as a result of the intensification of usage of the access route and rights of easement of the land. These are civil matters which will need to be addressed separately by the applicant. Further concerns have been raised relating to construction works to the site, groundworks and excavations, vibrations, subsidence and land stability, health and safety during construction, noise, fumes and light pollution and access to the site for emergency vehicles. These matters would be addressed at Building Control stages of the application and by Health and Safety Officers.
26. Further specific representations have been made requesting enforceable assurances regarding the height of the development in relation to properties on Mountfield Road. These are again not a requirement of the current planning proposal, however would be managed by a condition if minded to
Page 174 of 187 approve to ensure that the development is built in accordance with the approved plan.
MAIN PLANNING CONSIDERATIONS
27. The main planning considerations relate to the principal of development, impact on the character and appearance of the surrounding area, impact on the amenities of adjoining occupiers, quality of the living environment created and highway implications.
PRINCIPLE OF DEVELOPMENT
28. The current proposal follows two former planning refusals to the application site and seeks the subdivision of the existing plot to accommodate two detached, three bedroom dwelling houses with associated access, landscaping, amenity provision and parking following the demolition of the existing dwelling and detached lower level garage to the site.
29. The proposed development must be assessed against the requirements of Policy LLP15, which supports residential development on sites not allocated for housing provided that the proposal will not lead to the loss of a use for which there is a recognised local need and will not result in over- intensification of the site. It also requires new housing development to achieve a mix of different sizes, types and tenures to meet the housing needs of Luton and the Luton Housing Market Area as informed by the latest SHMA (Strategic Housing Market Assessment).
30. The current proposal offering two, three bedroom family dwellings, is felt to adequately address the loss of the existing property to the application site and would contribute towards the identified need of the LHMA.
31. Further, in addressing the over-intensiveness of the scheme, the current proposal is considered to have considerably reduced the bulk and mass of the dwellings proposed to such a degree that sufficient space about the properties will be retained, allowing for the provision of the substantial landscaping and amenity to the site. This has largely reduced the footprint of the proposed dwellings and thereby reflects the scale and proportions of the surrounding residential development. In this regard the current proposal is considered to have overcome the former reasons for refusal relating to the over-intensive and cramped nature of the development.
32. Furthermore, the current scheme seeks to incorporate significant replacement tree planting along the periphery of the application site and directly adjacent to the proposed dwellings, drastically reducing the level of hardstanding surrounding the properties and softening the landscape in accordance with and complementary to the existing character of the
Page 175 of 187 Bradger’s Hill Corridor, defined by its mature tree coverage and soft, rural landscaping. As such the revised scheme is in conformity with the aims and objectives of Local Plan Policy LLP29 which seeks to preserve the character and natural beauty of Local Landscape Areas.
33. In light of the foregoing the proposed scheme is considered to have sufficiently addressed the former concerns with the refused proposals to the site and is thereby in conformity with the aims and objectives of Local Plan Policies LLP1, LLP15, LLP29 and LLP25 and the core objectives of the NPPF and is therefore considered acceptable as a matter of principle.
Impact of Surrounding Area and Design
34. The application relates to a parcel of land known as Woodbury which is accessed from Woodbury Hill Path, a private road with an access on Wardown Crescent. Woodbury Hill Path is sandwiched between Wardown Crescent which lies to the west and Mountfield Path which lies to east. It is located on a sharp hill gradient with land rising to the east. Mature tree coverage lines much of the access route. The site is located on land forming part of the Bradgers Hill Corridor Great Landscape Value (BHCGLV).
35. The BHCGLV is distinguished by significant tree and foliage coverage, the visual prominence of which is heighted by significant land rises which provide far reaching views of the corridor from across this section of the town, and offers a green backdrop against the urban landscape.
36. The existing property on the site is a split level bungalow with single storey element to its Mountfield Path frontage. The current building is of low density, built into the existing hill slope with a large area of green space to the frontage and is relatively unimposing within the landscape.
37. The current proposal seeks the demolition of the exiting property and sub- division of the plot to construct two, three storey, pitched roof dwellings houses. The proposed new dwellings will be located to the east of the plot, following a staggered building line. Each property will be surrounded by amenity to the rear and flank elevations with a driveway/carport parking to the frontage.
38. The properties will be of a modern design approach utilising large glazing sections, timber cladding to the lower section to create a softened appearance and give the impression of a two storey development, whilst white render will be applied to the upper floors with a slate roof tile.
39. Policies LLP1 and LLP25 of the Luton Local Plan seek to ensure that proposals for the built form make a positive contribution to enhancing the character and appearance of an area. Development proposals should
Page 176 of 187 enhance the distinctiveness of an area by responding positively to the townscape, street scene, site and building context, form, scale, height and pattern of materials. In addition Local Plan Policy LLP29 requires that development proposals protect, conserve and enhance the character, setting and natural beauty of Local Landscape Areas. These policies are in conformity with the NPPF which places great emphasis on the principles of good and sympathetic design and requires that planning decisions contribute and enhance the natural environment by protecting and enhancing valued landscapes.
40. The current proposal seeks a significant reduction in the bulk, scale and mass of the proposed dwellings to the site. This has enabled a greater separation distanced to be maintained between the two dwellings and a resultant significant expanse of soft landscaping to the site, incorporating a large number of replacement tree species.
41. Whilst the dwellings will be of three storeys in height, the lower section of the buildings will be set into the landscape and partially screen by the retaining site wall, creating the impression of the buildings being of two storeys. This, when taken in conjunction with the significant width reduction to the properties of 3.6 metres and the additional soft landscaping is considered to considerably reduce the visual impact of the development to ensure that it will be well integrated into the surrounding natural landscape and will be in keeping with the layout and scale of the nearby development.
42. Whilst a modern design has been adopted the properties along Woodbury are all of a unique design and character and do not follow a uniformity, in this regard the proposal would not be out of place within the location and the visual impact of the development will be significantly reduced by the reductions to the scheme and additional landscaping.
Image 1: 3D visual of proposed dwellings
Page 177 of 187 43. In light of the foregoing, it is considered that the revised scheme would be acceptable in terms of its impact on the character and natural beauty of the designated Area of Great Landscape Value and the established character of the surrounding area. The proposal thereby accords with Polices LLP1, LLP15, LLP25 and LLP29 of the Luton Local Plan 2011-2031 and the principles relating to high quality design within the Framework.
Living Environment Created
44. The internal layout of the proposed dwellings would be split across three levels. To the lower ground the properties would have a carport to the frontage providing a green roof projection to the upper floor. Internally the lower section would have utility area, lounge/gym/cinema area and bathroom. To the ground floor would be an open plan kitchen/living/dining area opening out onto the rooftop garden to the frontage with further W/C to the rear and landing leading to the stepped access to the rear amenity space. Finally the first floor would have three bedrooms with family bathroom and en-suite to the master bedroom.
45. All habitable rooms will be served by window or patio door openings providing a suitable means of outlook, natural light and ventilation. Whilst those rooms within the lower ground floor will have limited daylight penetration and outlook as a result of level differences in the site and the car port area to the frontage of the properties, this location does not contain habitable living spaces and in this instance is felt to be acceptable.
46. The proposed dwellings will have an internal area that exceeds the GIA standards set out by MHCLG (March 2015), and would create a spacious living environment for the future residents.
47. The external amenity provision to both the proposed dwellings will exceed the standard as specified in Appendix 6 of the Luton local Plan and will be in keeping with the scale of the amenity to the surrounding development.
48. In light of the above the living environment created will be acceptable and no harm will be caused to future occupiers of the development.
Impact on Adjoining Occupiers
49. Previous refusals predicated upon harm to adjoining occupiers related to the impact of the development upon the living environment of No. 27 Mountfield Road lying to the north and the property known as Highcroft lying to the south by reasons of visual intrusion and loss of outlook. The proposal would be smaller than these previous forms of development and, as there is no material change in the relationship of the application site and surrounding properties,
Page 178 of 187 it remains that these properties will be the only adjoining occupiers that will be materially implicated in this regard.
50. The revised scheme has significantly reduced the width of the proposed dwellings so that they will now achieve a substantial set in from the shared boundary with Nos. 27 Mountfield Road and Highcroft. In addition tree planting be positioned along the shared boundaries which will provide screening from the development. This will largely reduce the visual impact of the scheme and ensure that the aspect from these properties will be safeguarded to an acceptable degree.
Image 2: Block plan showing development in relation to neighbouring properties
51. In addition, concerns were raised in relation to the impact on these properties in terms of loss of privacy and overlooking to their private amenity space as a result of the balconies proposed to the dwellings. The current scheme has sought to address this concern by removing the balconies to the dwellings. This will however retain a rooftop garden to the ground floor of the properties. Due to the low level of this garden area which will sit substantially below the boundary treatment, it is not considered that there will be any resultant harm in terms of overlooking or loss of privacy.
Page 179 of 187
Image 3: Elevation showing location of roof top garden in relation to neighbouring properties.
52. The resultant relationship between the application site and Nos. 27 Mountfield and Highcroft would, therefore, be acceptable. Concerns were also raised in relation to the impact of the development on Nos. 54-58 Wardown Cresent in terms of visual intrusion, however the revisions to the scheme and the resultant reduction in the width of the proposed dwellings, along with the boundary treatment, would ensure no material harm is caused in this regard.
Image 4: Sectional plan showing development in relation to Wardown Crescent.
53. Previous refusals to the site also cited increased noise and disturbance as a result of the intensification of the residential use. With the application now seeking two, three bedroom properties with a reduction in the number of parking spaces provided, it is considered that the resultant noise and disturbance would be relative to residential housing development and would not cause undue harm in this regard.
54. There have been a large number of representations submitted in relation to the scheme, these are set out and addressed in the relevant section on this report.
Page 180 of 187 Highway Implications and Parking
55. Policy LLP31 requires the traffic implications of development to be assessed in the context of their implications on the highway network. Policy LLP32 seeks to ensure development does not exceed the maximum parking standards contained within Appendix 2.
56. The plans submitted indicate that each property will have 2 parking spaces which will accord with the standards as set out within Appendix 2, this will present a reduction of one parking space per property in relation to previous schemes and will therefore reduce vehicular activity to the site.
57. In order to achieve the parking as set out the proposal will incorporate the creation of a new access route to the site from Woodbury Hill Path, improvements will also need to be made to part of the existing access on Woodbury Hill Path.
58. Previous refusals to the site predicated on the condition of the existing access route along Woodbury Hill Path. This route is not adopted highway and subsequently is extremely narrow, making it difficult for vehicles to pass one another with no opportunities for clearly defined pedestrian access and low visibility levels due to vegetation. Indeed a large number of representations have been submitted in this regard, siting the condition of the access, particularly during adverse weather and the subsequent danger to pedestrians and other road users as a result of the narrowness of the road.
59. It should be noted that despite road conditions being unaltered by the current proposals, the development is reduced in terms of the accommodation provided which will decrease the intensification of the development and the vehicular movement to and from the site.
60. LBC Highway Engineers have not objected to the proposal however have raised concerns relating to pedestrian access to the site which it is considered would still be poor even with improvements to the access road.
61. Whilst the applicant has failed to provide details on how the access to the site will be improved, this matter could be addressed by way of condition if Members are minded to approve to ensure that full details of the access improvement works are submitted prior to commencement of development on site and that these works be carried out prior to occupation of the development.
62. The aforementioned condition will enable to Local Planning Authority to ensure that access improvements will be acceptable in accordance with the development. Whilst it is accepted that due to the site conditions it will not be possible to overcome all concerns relating to pedestrian safety, the reduced
Page 181 of 187 parking provision to the properties and number of bedrooms to the dwellings will reduce the intensity of comings and goings to the site. It should also be noted that the development will utilise the existing vehicular access route which provided access to the detached garage to the site and to the neighbouring property.
63. The construction works will also need to be suitably addressed given the constrained nature of the site and hill gradient, in this regard a condition would also be attached if Members are minded to approve requiring a Construction Method Statement to be submitted prior to commencement of works to the site.
Other Matters
64. A number of representations received in relation to the proposal has raised concerns about its impact on the surrounding wildlife and ecology of the area. Reference has also been made to the presence of protected species within the site. In light of this concern if Members are minded to approve the application, conditions would be attached requiring details on mitigation of harm and the protection of protected specifies during construction and beyond, prior to commencement of works to the site.
CONCLUSIONS
65. The scheme offers no significant detrimental impact upon the character of the surrounding area, amenities of the adjoining neighbours or highway and pedestrian safety. Subject to the necessary conditions, the development would, therefore, be in accordance with Policies LLP1, LLP15, LLP25, LLP29, LLP31 and LLP32 of the Luton Local Plan 2011-2031 and the relevant parts of the National Planning Policy Framework (NPPF, or the Framework). On that basis, approval is recommended.
LIST OF BACKGROUND PAPERS
LOCAL GOVERNMENT ACT 1972, SECTION 100D
66. Luton Local Plan 2011-2031
67. National Planning Policy Framework (NPPF)
68. National Planning Practice Guidance (NPPG)
69. Planning application references: 19/00686/FUL and 19/01539/FUL
DETERMINATION OF PLANNING APPLICATIONS
Page 182 of 187
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 application which is the subject of this report 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 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 recommendation is 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 this 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 reaching the recommendation set out in this report, proper consideration has to be 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 relevant protected characteristics 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. In this case, no disproportionate effect on people with protected characteristics has been identified.
Page 183 of 187 APPENDIX 1
Appendix I: Conditions, Reasons and Informatives
(01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.
Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.
(02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan and document numbers: 02-02-000, 02-02-001, 02-02-002, 02-03-001, 02-03-002, 02-03-003, 02-03-004, 02-04-001, 02-04-002, 02-04- 003, 02-05-000, 02-05-001, 02-05-002, 02-05-003, 02-05-004, 02- 05-005 and DC01
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(03) Prior to occupation of the development full details of a landscaping scheme to include all hard surfaces, grassed areas, tree and shrub plantings and the proposed times of planting shall be submitted to the Local Planning Authority in writing for approval, and all grassed areas shall be laid out and all tree and shrub planting shall be carried out in accordance with the approved details and at those times. Within one month of the completion of the landscaping scheme written confirmation of the completion date shall be submitted to the Local Planning Authority. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(04) A landscape management plan, setting out management and maintenance responsibilities for all hard and soft landscape areas shall be submitted to the Local Planning Authority in writing for approval prior to the occupation of the development.
Page 184 of 187 APPENDIX 1
The landscape management plan shall be carried out as approved and shall remain in force for so long as the development remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(05) Full details of the proposed boundary treatment of the site shall be submitted to the Local Planning Authority in writing for approval prior to occupation of the development and the approved treatment shall be installed before the building hereby permitted is occupied.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(06) The parking provision as identified on Plan No: 3011-2E Site Plan shall be laid out and shall be ready for use prior to the occupation of the dwellings hereby permitted.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(07) The bin/cycle storage facilities hereby approved shall be laid out and shall be ready for use prior to the occupation of the dwellings hereby permitted. The bin storage facilities shall be retained for so long as the development remains in existence.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(08) Prior to the commencement of above-ground works, samples of materials to be used in the construction of the external walls, windows and roofing of the development hereby approved shall be submitted to the Local Planning Authority in writing for approval. The development shall be carried out only in full accordance with those approved materials.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.
(09) Prior to the commencement of the development, a detailed Construction Management Plan (CMP) shall be submitted in writing for approval by the Local Planning Authority, and the plan shall include the following:
Page 185 of 187 APPENDIX 1
a) The construction programme and phasing b) Hours of operation, delivery and storage of materials c) Details of any highway works necessary to enable construction to take place d) Parking and loading arrangements e) Details of hoarding f) Management of traffic to reduce congestion g) Control of dust and dirt on the public highway h) Details of consultation and complaint management with local businesses and neighbours i) Waste management proposals j) Mechanisms to deal with environmental impacts such as noise and vibration, air quality and dust, light and odour. k) Details of any proposed piling operations, including justification for the proposed piling strategy, a vibration impact assessment and proposed control and mitigation measures.
All works shall be carried out in accordance with the approved CMP thereafter.
Reason: In the interests of highway safety and the control of environmental impacts
(10) Triangular pedestrian visibility splays of 1.8 x 1.8 metres must be provided on either side of each drive opening onto the access road prior to occupation of the development hereby permitted. The splays shall be positioned within the site at right angles to the highway (measured at highway boundary/site boundary). The visibility splays so described shall be maintained free of any obstruction to visibility exceeding a height of 600 mm above the existing ground level.
Reason: In the interests of highway and pedestrian safety.
(11) Prior to commencement of above ground works full details of the improvements works to be undertaken to the access to the site shall be submitted in writing to the Local Planning Authority for approval. The improvements works shall be completed in full before the occupation of any part of the development.
Reason: In the interests of highway and pedestrian safety.
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(12) No development shall take place until a plan detailing the protection and/or mitigation of damage to populations of the protected species of bats and newts and their associated habitat during both construction works and upon completion of development (including a timetable for implementation) has been submitted in writing to the Local Planning Authority for approval. The development shall then be carried out only in strict accordance with the approved details.
Reason: in the interests of ecology
(13) No development shall commence until a scheme for the provision and management of compensatory habitat creation has been submitted in writing to the Local Planning Authority for approval. The development shall then proceed only in full accordance with those approved details.
Reason: in the interests of ecology
Informative
1. Land Contamination- The applicant is advised that it is the developer's responsibility to ensure that final ground conditions are fit for the end use of the site. If during any site investigation, excavation, engineering or construction works evidence of land contamination is identified, the applicant shall notify the Local Planning Authority without delay. Any land contamination identified shall be remediated to the satisfaction of the Local Planning Authority to ensure that the site is made suitable for its end use.
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