Planning Committee

Wednesday 16 November 2016 at 7pm

Council Chamber, Swanspool House, Doddington Road, Wellingborough, Northamptonshire, NN8 1BP

1. Apologies for absence.  2. Declarations of interest (completed forms to be handed to the committee clerk).  3. Confirmation of the minutes of the meeting held on 12 October 2016.  4. Applications for planning permission, listed building consent, building  regulation approval and appeal information.*  5. Planning appeal decisions:  a) Land Rear of 30 High Street, Wellingborough. b) 7 Fairfield Road, Isham  6. Any other items that the Chairman decides are urgent.  

 *The reports on this agenda include summaries of representations that have been received in response to consultation under the Planning Acts and in accordance with the provisions in the Town and Country Planning (Development Management Procedure) Order 2015. Full transcripts and copies of the disclosable representations can be obtained from the Council’s website:http://www.wellingborough.gov.uk/viewplanningapplications.

Site viewing group for 15 November 2016 will be Councillors Morrall, Ward, Graves and Scarborough.

John T Campbell Chief Executive

Date issued: 8 November 2016.

 Enclosed.

Swanspool House, Doddington Road, Wellingborough, Northamptonshire NN8 1BP Tel: 01933 229777 Fax: 01933 231684 www.wellingborough.gov.uk For further information about this agenda, please contact Fiona Hubbard on 01933 231519 or [email protected].

If you wish to address the committee on an agenda item you can register by:  completing the form on the council’s website at www.wellingborough.gov.uk/speakersform; or  completing the appropriate form which is available at reception desks or  contacting Fiona Hubbard as detailed above.

Membership: Councillor Ward (Chairman), Councillor Morrall (Vice Chairman), Councillors Aslam, Bell, Graves, Griffiths, Hallam, G Lawman, Lloyd, Maguire and Scarborough (11).

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM 2 PLANNING COMMITTEE 16 NOVEMBER 2016

DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT

When the Chairman calls for declarations of interest in matters to be considered at the meeting you must declare orally:  any relevant ‘Registrable Interest’ that is not in the register of interests,  any relevant ‘Other Interest’. Registrable interests in the register of interests do not need to be declared orally to the meeting.

Members are reminded that if they have a registrable Interest that is a disclosable pecuniary interest in any matter to be considered at the meeting they cannot participate, or participate further, in any discussion of the matter at the meeting; or participate in any vote, or further vote, taken on the matter at the meeting unless they have first obtained a dispensation from the Monitoring Officer in advance of the meeting.

An extract from the Code of Conduct relating to declarations of interest is printed on the reverse of this form.

Please write down your interests in the table below. If you have no registrable interests to declare, please state ‘none’ on the form. You are still required to declare your interest orally at the meeting.

Councillor name: Committee/date/ Title Type of interest Reason for interest minute number (please tick)  Registerable  DPI  Other  Registerable  DPI  Other  Registerable

DPI   Other  Registerable  DPI  Other  Registerable  DPI  Other

 Registerable  DPI  Other Please place this completed declaration form in the basket (on the table next to the exit) at the end of the meeting to ensure your declaration is recorded accurately.

Declaration of interests: page 1 of 4 Extract (modified) from the Code of Conduct 2012 Part 2 – Interests

4 Registerable Interests 4.1 You must within 28 days of this Code being adopted by or applied to the authority; or your election or appointment to office (where that is later), notify the Monitoring Officer in writing of the details of your interests within the following categories, for inclusion in the authority’s register of interests: 4.1.1 any disclosable pecuniary interests you are required to disclose. You have a disclosable pecuniary interest if it is of a description specified in regulations made by the Secretary of State (see Appendix A) and either: (a) it is an interest of yours, or (b) it is an interest of: (i) your spouse or civil partner; (ii) a person with whom you are living as husband and wife, or (iii) a person with whom you are living as if you were civil partners and you are aware that that other person has the interest. 4.1.2 details of any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority 4.1.3 details of any body exercising functions of a public nature, any body directed to charitable purposes or any body one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are: (a) a member, or (b) in a position of general control or management; 4.2 You are expected to ensure that your register of interests is kept up to date and notify the Monitoring Officer in writing within 28 days of becoming aware of any change in respect of your disclosable pecuniary interests and other registerable interests. 4.3 You may inform the Monitoring Officer if you consider that disclosure of the details of the interest could lead to you, or a person connected with you, being subject to violence or intimidation. If the Monitoring Officer agrees with your view, the interest is treated as a “sensitive interest” for the purposes of the Code 4.4 If a sensitive interest is entered in the authority’s register, copies of the register that are made available for inspection, and any published version of the register, will not include details of the interest (but may state you have an interest the details of which are withheld).

5 Disclosure of Interests and Participation at Meetings 5.1 If you attend a meeting and 5.1.1 have and are or become aware, or should reasonably be aware, that you have an interest of the type described in paragraph 4.1 above in any matter to be considered, or being considered, at that meeting, and 5.1.2 the interest is not entered in the authority’s register of members’ interests, you should (and must if the interest is a disclosable pecuniary interest) disclose to the meeting the fact that you have an interest in that matter and the nature of that interest, at or before the consideration of the item of business or as soon as the interest becomes apparent. 5.2 Where your interest is a “sensitive interest” for the purposes of the Code, you need not disclose the details of the sensitive interest to the meeting, but merely the fact that you have an interest in the matter concerned. 5.3 If you have and are aware or become aware, or should reasonably be aware, that you have 5.3.1 a disclosable pecuniary interest in any matter to be considered, or being considered, at a meeting, or 5.3.2 any other registerable interest in any matter to be considered, or being considered, at a meeting, and (a) the matter to be considered, or being considered, at that meeting: (i) affects your financial position or the financial position of a person or body through whom the interest arises ;or (ii) relates to the determining of any approval, consent, licence, permission or registration in relation to you or any person through whom the interest arises, and (b) the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgment of the public interest1, you should not, and must not if the interest is a disclosable pecuniary interest,: 5.3.3 participate, or participate further, in any discussion of the matter at the meeting other than to the extent permitted by the authority’s Procedure Rules in respect of registerable interests other than disclosable pecuniary interests2; or 5.3.4 participate in any vote, or further vote, taken on the matter at the meeting unless you have first obtained a dispensation from the Monitoring Officer in advance of the meeting. In addition, i f the authority’s Procedure Rules require you to leave the room where the meeting is held while any discussion or voting on the matter takes place, you must do so. 5.4 “Meeting” means any meeting organised by or on behalf of the authority, including: 5.4.1 any meeting of the authority, or a committee or sub-committee of the authority (including joint committees and joint sub-committees) 5.4.2 meetings of working parties 5.4.3 any briefing by officers (e.g. to political groups or lead advisers); and 5.4.4 any site visit to do with business of the authority 5.5 If you seek to discuss with an officer a matter that, if it were to be considered at a meeting of the authority, you would not be able to participate in the discussion of, or voting on, by virtue of the matter relating to a registerable interest of yours, you are expected to inform the officer of that interest in advance of any discussion and accept that the officer has discretion as to whether or not to discuss the matter with you; save that he or she cannot treat you less favourably than he or she would treat a member of the public wishing to discuss a matter of the same type.

6 Other Interests 6.1 In addition to the requirements of Paragraph 5, where you have an interest described in paragraph 6.3 below in any business of the authority, and 6.1.1 where you are aware or ought reasonably to be aware of the existence of that interest, and 6.1.2 you attend a meeting of the authority at which the business is considered, you are expected to disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent. 6.2 Where your interest is a “sensitive interest” for the purposes of this Code, you need not disclose the details of the sensitive interest to the meeting, but merely the fact that you have an interest in the matter concerned. 6.3 You have an interest for the purposes of paragraph 6.1 of this Code where: 6.3.1 a decision in relation to that matter might reasonably be regarded as affecting the well-being or financial standing of you or a member of your family or a person or body with whom you have a close association to a greater extent than it would affect the majority of the Council Tax payers, ratepayers or inhabitants of the ward or electoral area for which you have been elected or otherwise of the authority’s administrative area, or

1 A registerable interest that satisfies the tests in paragraphs 5.3.2 (a) and (b) shall be known as a prejudicial interest for the purpose of declarations of interest at a meeting. 2 These rules are to the effect that if the matter is one on which an ordinary member of the public would be allowed to address the meeting you are provided with the same opportunity. If an ordinary member of the public is not allowed to speak on the matter, you cannot do so. Declaration of interests: page 2 of 4 6.3.2 it relates to or is likely to affect any of the interests listed in the Table in the Appendix A to this Code, but in respect of a member of your family (other than a “relevant person”) or a person with whom you have a close association and you are aware that that other person has the interest and that interest is not a disclosable pecuniary interest or any interest you should register in accordance with paragraph 4 of this Code. 6.4 If the matter to be considered, or being considered, at that meeting: 6.4.1 affects your financial position or the financial position of a person or body through whom the interest arises ;or 6.4.2 relates to the determining of any approval, consent, licence, permission or registration in relation to you or any person through whom the interest arises, and 6.4.3 the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgment of the public interest3, you should not: 6.4.4 participate, or participate further, in any discussion of the matter at the meeting other than to the extent permitted by the authority’s Procedure Rules for such interests4; or 6.4.5 participate in any vote, or further vote, taken on the matter at the meeting unless you have first obtained a dispensation from the Monitoring Officer in advance of the meeting. In addition, i f the authority’s Procedure Rules require you to leave the room where the meeting is held while any discussion or voting on the matter takes place, you must do so. 6.5 If you seek to discuss with an officer a matter that, if it were to be considered at a meeting of the authority, you would not be able to participate in the discussion of, or voting on, by virtue of the matter relating to an interest of yours of the type described in paragraph 6.3, you are expected to inform the officer of that interest in advance of any discussion and accept that the officer has discretion as to whether or not to discuss the matter with you; save that he or she cannot treat you less favourably than he or she would treat a member of the public wishing to discuss a matter of the same type.

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Appendix A

Disclosable Pecuniary Interests The duties to register, disclose and not to participate in respect of any matter in which a member has a Disclosable Pecuniary Interest (DPI) are set out in Chapter 7 of the Localism Act 2011. Breaches of the rules relating to DPIs may lead to criminal sanctions being imposed. Chapter 7 of the Localism Act 2011 provides that a pecuniary interest is a “disclosable pecuniary interest” in relation to a member (M), if it is of a description specified in regulations made by the Secretary of State and either: (a) it is an interest of M’s, or (b) it is an interest of: (i) M’s spouse or civil partner, (ii) a person with whom M is living as husband and wife, or (iii) a person with whom M is living as if they were civil partners, and M is aware that that other person has the interest. DPIs are defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI No. 1464) as follows: Interest Prescribed description Employment, office, trade Any employment, office, trade, profession or vocation carried on for profit or gain. profession or vocation Sponsorship Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by M in carrying out duties as a member, or towards the election expenses of M. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992). Contracts Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged. Land Any beneficial interest in land which is within the area of the relevant authority. Licences Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer. Corporate tenancies Any tenancy where (to M’s knowledge)— (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest. Securities Any beneficial interest in securities of a body where— (a) that body (to M’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either— (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class. For this purpose: “the Act” means the Localism Act 2011; “body in which the relevant person has a beneficial interest” means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest; “director” includes a member of the committee of management of an industrial and provident society; “land” excludes an easement, servitude, interest or right in or over land which does not carry with it a right for the relevant person (alone or jointly with another) to occupy the land or to receive income; “M” means a member of a relevant authority; “member” includes a co-opted member; “relevant authority” means the authority of which M is a member; “relevant period” means the period of 12 months ending with the day on which M gives a notification for the purposes of section 30(1) or 31(7), as the case may be, of the Act; “relevant person” means M or M’s spouse or civil partner, a person with whom M is living as husband and wife, or a person with whom M is living as if they were civil partners; “securities” means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

3 An other interest that satisfies the tests in paragraphs 6.4.1 to 6.4.3 shall also be known as a prejudicial interest for the purpose of declarations of interest at a meeting. 4 These rules are to the effect that if the matter is one on which an ordinary member of the public would be allowed to address the meeting you are provided with the same opportunity. If an ordinary member of the public is not allowed to speak on the matter, you cannot do so. Declaration of interests: page 3 of 4 DECLARING INTERESTS FLOWCHART – QUESTIONS TO ASK YOURSELF

What matters are being discussed at the meeting?

Do any relate to my interests? A Does the matter affect my registerable interests? OR B Does it:  affect the well-being or financial standing of me or a member of my family or a person or body with whom I have a close association to a greater extent than it would affect the majority of the Council Tax payers, ratepayers or inhabitants of the ward for which I have been elected, or  relate to or is likely to affect any of the interests listed in the Table in Appendix A of the Code, but in respect of a member of my family (other than a “relevant person”) or a person or body with whom I have a close association AND that interest is not a registerable interest?

Is the interest on Disclose the existence and You cannot the register of participate in the NO nature of your interests? interest. meeting and vote unless you have a dispensation. YES Also, withdraw from the meeting by leaving Is it a disclosable You can the room. YES pecuniary interest? participate in In the interests of the meeting transparency tell the and vote. Chairman your reason NO

Does the matter:

You should not  affect my financial position or the financial position of a person or body participate in the through whom the interest arises; or meeting and vote, unless you have a  relate to the determining of any approval, dispensation. consent, licence, permission or registration in relation to me or any Also, withdraw from the person through whom the interest arises, meeting by leaving the YES AND room. Is the interest one which a member of the In the interests of public with knowledge of the relevant facts transparency tell the would reasonably regard as so significant Chairman your reason that it is likely to prejudice my judgment of for withdrawing the public interest?

Declaration of interests: page 4 of 4

Agenda item 4

Borough Council of Wellingborough Planning Committee Wednesday 16 November 2016 at 7.00 pm Council Chamber, Swanspool House

INDEX Application Location Page No.

WP/16/00430/FUL 89 London Road Bozeat Wellingborough 3 Site Viewing Group

WP/16/00496/REM 129 London Road Bozeat Wellingborough 14

WP/16/00497/FUL Land Rear Of 129 London Road (fronting Little 23 Close) Bozeat Site Viewing Group

WP/16/00490/FUL The George 117 Main Road Wilby Wellingborough 33 Site Viewing Group

WP/16/00491/LBC The George 117 Main Road Wilby Wellingborough 44 Site Viewing Group

WP/16/00498/FUL The George 117 Main Road Wilby Wellingborough 53 Site Viewing Group

WP/16/00274/FUL 5 Kettering Road Isham Kettering 62

WP/16/00452/REM Land Rear Of 11 Berry Close Earls Barton 70

WP/16/00467/FUL Rear Of 10 Wellingborough Road Isham Kettering 81

WP/16/00520/FUL 9 - 11 Oxford Street & Waterloo Yard 92 Wellingborough

WP/16/00565/OUT 37 Windmill Close Wollaston Wellingborough 105

WP/16/00575/FUL Land At Poplars Farm 80 Shepherds Hill Wollaston 115 Wellingborough

WP/16/00561/EXT Kettering South (land At) Kettering 125 Other Borough

Planning Committee 1 of 144 16 November 2016

WP/16/00632/EXT Rear Of Green Close Wellingborough Road 130 Irthlingborough Other Borough

WP/16/00648/EXT Land Adj Glebe Farm Coventry Road Lutterworth 133 Leicestershire Other Borough

WP/16/00649/EXT Northampton Gateway Strategic Rail Freight 136 Interchange Eastern And Western Sides Of The M1 Junction 15 South Of Northampton Other Borough

WP/16/00503/CRA 30 Sanders Park Sanders Road Wellingborough 140 For Information

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Site Viewing Group (Date of Visit Tuesday 15 November 2016 at 10.20 am)

Report of the Head of Planning and Local Development

Case Officer Mr Omar Sharif WP/16/00430/FUL

Date received Date valid Overall Expiry Ward Parish 13 July 2016 22 July 2016 16 September 2016 Bozeat Bozeat

Applicant Mr Chris Howkins

Agent Mr Richard Wedge

Location 89 London Road Bozeat Wellingborough Northamptonshire NN29 7JR

Proposal Proposed new dwelling at land to rear of 89 London Road and division of site - Amended Plans

PLANNING HISTORY

WP/16/00430/FUL Determination pending. Proposed new dwelling at land to rear of 89 London Road and division of site - Amended Plans

BW/1984/0534 Approved 27.06.1984 Two storey rear extension & improvements

Reason(s) for committee consideration:

- The parish council have raised an objection to the proposal and requested a site inspection; - The application has attracted more than 3 objections.

THE SITE AND SURROUNDINGS The application site is located within the settlement boundary of Bozeat. The site is not within a conservation area and not within 3km of the Nene Valley Special Protection Area (SPA). The application site is not listed, nor is it near any listed buildings.

Properties in the neighbourhood are predominantly detached dwellings of either single storey bungalows or two storey properties of stone and slate or facing brick and standard roof tiles.

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WP/16/00430/FUL

ICT Services © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. Legend This map is accurate 1:1,250 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 ± GetMapping PLC 1999 WP/16/00430/FUL - 89 London Road, Bozeat

In terms of the overall urban character of the dwellings in the immediate vicinity, they are predominantly set in plots set back from the highway, whilst to the rear there are various outbuildings and garages.

In terms of ground levels, streetscene slopes from south to north.

THE APPLICATION BACKGROUND AND PROPOSAL Planning permission is sought for a proposed new dwelling at land to the rear of 89 London Road, Bozeat which involves the division of the site. This will remove existing trees for accommodating parking for both the existing house and the proposed new dwelling.

The proposed dwelling will sit to the rear of the plot which is to be subdivided from the existing property and be served with its own on-plot drive served from the existing access way for 2 cars. There will be an internal garage plus an additional two car parking spaces in the rear garden.

The slab height for the new dwelling will be approximately 150mm above the existing ground level. The ridge height of the new dwellings will be 7.1m, with the eaves at 3.6m. The low eaves height will enable the new dwelling to nestle within the plot and limit its impact on surrounding properties.

It is envisaged that the property will provide a lounge, kitchen/diner at ground floor with 3 bedrooms, including study at upper floor level.

Amended plans were received on 07 September 2016, which includes the driveway for the existing property in the application. The applicant has stated they have submitted the application as a Certificate C and advertised the application in the local press.

Evidence of the advertisement into the local newspaper was received on 30 September 2016.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) 1 (presumption in favour of sustainable development) 4 (biodiversity and geodiversity) 8 (North Northamptonshire place shaping principles) 11 (network of urban and rural areas) 29 (distribution of new homes) 30 (housing mix and tenure)

Borough of Wellingborough Local Plan (LP) G4 (development within the limited development and restricted infill villages)

Supplementary Planning Documents/Guidance: Planning Out Crime Biodiversity

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Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - the highway authority has stated that as access will be served from the highway through the main access route that this is to be suitably improved. Furthermore they have commented that as public footpath TA21 passes over the means of access, with respect to the construction works to be carried out in close proximity to the public right of way, they have suggested appropriate informatives to help mitigate the impact from the development.

2. NCC Archaeology - no comments or objections to the application proposal.

3. BCW landscape officer - the landscape officer states that of the trees that are to be removed, there is little space for replacement planting. A landscape condition should be applied.

4. Bozeat Parish Council - has objected to the scheme on the principle that the proposal is back-land development and would reduce the residential amenity by means of overlooking, particularly to those on Hewlett's Close and further concern over the ownership of the proposed access to the site and appropriate notices should be served.

5. BCW environmental protection - whilst there has been no objection to the proposed development, a contaminated land condition has been suggested.

6. Neighbour Consultations - circa 5 comments of objections were received from nearby residents on London Road and those in close proximity on Hewlett's Close on the application which make some or all of the following points: - impact on amenity and landscaping - highway matters including harm to the public footpath - overlooking, impact to views and loss of light - concerns on residential infilling - bin/refuse loading and carry distance

ASSESSMENT AND REASONED JUSTIFICATION Material planning considerations:

- conformity with the development plan - biodiversity - effect on landscape visual amenity - highway impacts - design, layout and the effect on the character and appearance of the surrounding area - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - crime and disorder

Conformity with the Development Plan Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that "If regard is to be had to the development plan for the purposes of any determination to be made under the Planning Acts, the determination must be made in accordance with the development plan unless material considerations indicate otherwise."

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Policy 1 of the NNJCS is clear that when considering development proposals, the local planning authority will take a positive approach that reflects the presumption in favour of sustainable development as set out within the NPPF.

Policy 8 of the JCS and the SPD on 'sustainable design' require new development to be of a high standard of design, respect and enhance the character of its surroundings, and not result in an unacceptable impact upon the amenities of neighbouring properties or the wider area; by reason of noise, loss of light or overlooking. Paragraph 17 of the NPPF sets out the 12 core principles, one of which is to seek to secure high quality design and a good standard of amenity for existing and future occupiers and paragraph 56 states that good design is a key aspect of sustainable development.

Paragraph 49 states that housing applications should be considered in the context of the presumption in favour of sustainable development and paragraph 50 seeks to deliver a wide choice of high quality homes, and the creation of mixed communities.

Policy 11 of the JCS states that development will be distributed to strengthen the network of settlement. The special mixed urban/rural character of North Northamptonshire with its distinctive and separate settlements will be maintained through the avoidance of coalescence. Priority will be given to the re-use of suitable previously developed land and buildings within settlements, then to other locations that are readily accessible by a choice of means of travel.

Policy 29 of the JCS focuses on the Growth Towns followed by Market Towns. Other than small scale infilling (policy 11) or the rural exceptions scheme (policy 13), levels of housing development in excess of the identified requirements for the named villages and rural areas will only be permitted where tested and supported through part 2 local plans or neighbourhood plans.

Policy 30 of the NNJCS refers to housing mix and tenure for development proposals and states that housing development should provide a mix of dwelling sizes and tenures in order to cater for current and forecast accommodation needs within North Northamptonshire.

In addition to the specific JCS requirements set out above, paragraph 66 of the NPPF states that 'applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably.'

Biodiversity Paragraph 40 of the Natural Environment and Rural Communities Act, under the heading of 'duty to conserve biodiversity' states "every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity."

JCS policy 4 protects biodiversity and geodiversity and seeks a net gain in biodiversity.

The NPPF at chapter 11 'conserving and enhancing the natural environment' sets out government views on minimising impacts on biodiversity, providing net gains where

Planning Committee 6 of 144 16 November 2016

possible and contributing to halt its overall decline.

It is considered that there is little impact on the biodiversity of the site and therefore the proposal is compatible with policy 4 of the JCS.

Effect on Landscape Visual Amenity Policy 3 of the JCS states that development should be located and designed in a way that is sensitive to its landscape setting, retaining and enhancing the distinctive qualities of the landscape character area in which it would be situated or viewed from.

Whilst some concerns were raised with regards to loss of trees and screening of the development from the immediate vicinity by residents, there are no known tree preservation orders on the site. Furthermore, whilst it has been accepted by BCW's landscape officer that it is unclear which trees are to be retained or removed as well as the idea the proposal will include close boarded fencing to demarcate the existing and proposed property, it is considered that this can suitably conditioned.

Furthermore the plans have shown a group of 4 trees to the east of the application sites boundary which is considered to the screen the proposal from nearby properties.

It is therefore considered that the proposed development is compliant with policy 3 of the JCS.

Highway Impacts Policy 8 (b) of the JCS states: to make safe pleasant streets and spaces by (i) prioritising the needs of pedestrians, cyclists and public transport users and resisting developments that would prejudice highway safety.

Whilst there has been no objection from Northamptonshire highways, as access will be served from the highway through the main access route that this is to be suitably improved. Furthermore they have commented that as public footpath TA21 passes over the means of access, with respect to the construction works to be carried out in close proximity to the public right of way, they have suggested appropriate informatives to help mitigate the impacts from the development.

As a majority of the objections have been received with regards to the purpose and use of the proposed access way into the site, which is a land ownership matter, it should be noted that the applicant has served a certificate C as part of the application and has advertised the scheme in the local press, therefore as a material consideration and planning matter this has been done to the satisfaction of the local planning authority.

It is therefore considered that the proposed dwelling is compliant with policies 8 (b) (i) of the NNJCS.

Design, Layout and the Effect on the Character and Appearance of the Surrounding Area Policy 8 (d) of the NNJCS requires new development to create a local character by (i) responding the site's immediate and wider context and local character to create new streets, spaces and buildings which draw on the best of that local character without stifling innovation, (ii) responding to the local topography and the overall form, character and landscape setting of the settlement and (iii) the creative use of the public realm

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through the use of measures such incidental play spaces, bespoke street furniture and memorable features. Policy G4 of the local plan states that development will be granted planning permission if it will not have an adverse effect, either individually or cumulatively, on the size, form, character or setting of the village.

The proposal is located to the rear of no. 89 and will be orientated in a way which mirrors the existing property, however its scale is considered to be lesser than existing house by virtue of its height. There is evidence of rear outbuildings and garages to the rear of properties along the rear access way and it is considered that the proposed development would follow a similar pattern of development in terms of the urban structure of its immediate environs. It is accepted that such outbuildings are used in conjunction to be ancillary to the main dwellings on London Road and that the proposed dwelling is an overall increase in built volume compared to those outbuildings, it is however considered the prominent positioning of the proposed property on the corner to the rear of the plot will appropriately terminate the vista at this end of the access lane and negate any perceived issues with layout and positioning of the property and as previously stated it will be on existing land to be subdivided.

The proposal is an infill development within an established village where this would not materially harm the character of the settlement and residential amenity or exceed the capacity of local infrastructure as stipulated in policy 11 of the JCS, however as previously stated it will adjoin an established residential area in the immediate vicinity and as it stands the proposal considered to be well related to its immediate environs and would not look out character to the appearance of the vicinity. The materials are to be made of dark grey slate effect tiles to the roof and buff coloured stone and contrasting stone detailing which is reminiscent of no. 89.

The existing plot of the no. 89 will measure some 337 sq.m compared that with that of the proposed bungalow which will measure some 281 sq.m following subdivision of the site. In terms of the fabric of the urban structure, it is considered that overall the detached bungalow would not compromise a gross over development compared to the immediate neighbouring property.

It is therefore considered that the proposed development is compliant with the principles set out in policy 8 (d) (i, ii and iii), further policies 11 and 30 of the JCS as well as G4 of the Wellingborough Local Plan.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development Policy 8 (e) (i) of the JCS and SPD on sustainable design require new development not to cause an unacceptable impact on the amenities of neighbouring properties or the wider area, by reason of noise, vibration, smell, light or other pollution, loss of light or overlooking.

At paragraph 17 of the NPPF, under the title of 'core planning principles' the government requires new development to provide 'a good standard of amenity for all existing and future occupants of land and buildings'.

Planning Committee 8 of 144 16 November 2016

to-side relationship from the existing property to the new property which measures some 21.5 metres whereby part of the blank wall and front entrance elevation of the proposed will be facing towards the existing property.

Whilst concerns were raised in the context of the potential amenity impact to the properties on Hewlett's Close, the nearest property no. 5 is situated some 45 metres away from the rear dormer facing elevation and it is considered to have little impact to the back-to-back relationship on this property where an allowance of up to 21 metres is considered acceptable.

As the proposal involves subdivision of the site, the rear amenity area for the proposed dwelling would be 7.4 metres in depth and 19 metres wide. The remainder of space would be for no. 89, measuring 13.2 metres by 19 metres. It is considered that this comfortably meets the requirements of the required amenity for each dwelling and is not considered to be too dissimilar to other dwellings in the immediate vicinity. Furthermore, the proposal includes rear dormers which is considered to provide passive urban surveillance to the access way and rear of the property.

It should be noted that the property is set back some 32 metres from highway at its nearest boundary, whilst it is accepted that waste and recycling storage/collection areas will be positioned outside the property boundary on the access way on collection days, this is not considered to be so injurious to the surrounding amenity to warrant a refusal.

On balance, it is considered that the proposal does not harm the amenity of neighbouring properties and is in accordance with policy 8 (e) (i) of the JCS.

Noise To ensure quality of life and safer and healthier communities the JCS at policy 8 (e) (ii) states that new development should be prevented from contributing to or being adversely affected by unacceptable levels of noise.

Chapter 11 of the NPPF gives advice on how local planning authorities should prevent new development from being adversely affected by unacceptable levels of noise pollution. It further advises that decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development.

The PPG offers detailed advice on noise which was updated on 24 December 2014.

BCW's environmental protection service raise no objections on noise issues.

It should be identified that BCW's environmental protection service has powers to deal with any unacceptable noise the development may create as necessary under the provisions of the Environmental Protection Act 1990 and it has published a leaflet titled 'Considerate Contractor Advice Note.'

Planning Committee 9 of 144 16 November 2016

It is therefore considered that the proposed development is compliant with policy 8 (e) (ii).

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

JCS policy 8 (e) (iv) sets out the policy requirement for new development to seek to design out crime and disorder and reduce the fear of crime. The adopted designing out crime supplementary planning guidance gives detailed advice on this issue.

The NPPF at paragraphs 58 and 69 state that decisions should aim to ensure that developments create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.

There are considered to be no pertinent crime or disorder issues associated with this application.

CONCLUSION The proposal is in conflict with the prevailing development plan, but recommended for approval nonetheless, due to material considerations of sufficient weight, it is therefore recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. This consent is based on amended drawing 15-006-02A received 07 September 2016 and drawings 15-006-01, 15-006-02A and 15-006-03 received 22 July 2016.

Reason: To ensure that the development is carried out in accordance with the approved plans.

3. Representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before construction of the dwelling commences.

Reason: In the interest of the visual amenity of the area in accordance with policy 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

4. Prior to the construction of the dwellinghouse, a plan and elevation indicating the positions, design, materials and type of boundary treatments to be erected has been submitted and approved in writing by the local planning authority. Development shall

Planning Committee 10 of 144 16 November 2016

be carried out in accordance with the approved details.

Reason: In the interest of visual amenity in accordance with policy 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

5. Prior to the construction of the dwellinghouse, a scheme to ensure the protection of the trees to be retained within the development during construction shall have been submitted to and approved in writing by the local planning authority and shall include a method statement and tree protection plan, with particular reference to construction phasing and exclusion zones. The development shall thereafter be carried out in accordance with these approved details.

Reason: To facilitate proper consideration of the provision made for trees on the site in accordance with BS:5837 (2012) in accordance with policy 3 and 8 (d) (ii) of the North Northamptonshire Joint Core Strategy.

6. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development shall be carried out which falls within Classes A, B, E of Part 1 of Schedule 2 to the Order without the prior express consent of the local planning authority.

Reason: In the interests of visual amenity of the area and neighbouring amenity in accordance with policy 8 (d) (i) and (e) (i) of the North Northamptonshire Joint Core Strategy.

7. To prevent loose material being carried onto the public highway the driveway must be paved with a hard bound surface for a minimum of 5m in rear of the highway boundary.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

8. A positive means of drainage must be installed to ensure that surface water from the driveway does not discharge onto the highway.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

9. Pedestrian to vehicle visibility of 2.0m x 2.0m above a height of 0.6m must be provided and maintained on both sides of the vehicular access.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

10.Prior to the development commencing the developer shall undertake:

1. A preliminary risk assessment which may require further investigation. 2. A site investigation scheme to provide a detailed assessment of the risk to all receptors, including off site receptors.

Planning Committee 11 of 144 16 November 2016

3. A remediation proposal based on the results of the site investigation and a risk assessment as required by the site investigation scheme. The latter should give full details of the remediation required. The preliminary risk assessment, site investigation and remediation proposals shall be agreed in writing by the local planning authority.

On completion of the remediation but before the site is first occupied the developer shall: 4. Provide a verification report to demonstrate the completion of the works as set out in the agreed remediation proposals in 3 above. Reference shall be had to Environment Agency Guide CLR11 Model procedures for the management of land contamination available at https://www.gov.uk/government/publications/managing-land-contamination.

Reason: In order to safeguard the amenities of nearby occupiers in accordance with policy 8 (e) (i) of the NNJCS.

11.The development hereby approved shall be compliant with the 'Technical housing standards - nationally described space standard' dated March 2015, by the Department of Communities and Local Government.

Reason: In order to comply with policy 30 (b) of the Joint Core Strategy.

12.The development hereby approved shall be compliant with category 2 of part M (2) (accessible and adaptable dwellings) of the Building Regulations.

Reason: In order to comply with policy 30 (c) of the Joint Core Strategy.

INFORMATIVE/S 1. In accordance with the provisions in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and pursuant to paragraphs 186 and 187 of the National Planning Policy Framework, where possible and feasible, either through discussions, negotiations or in the consideration and assessment of this application and the accompanying proposals, the council as the local planning authority endeavoured to work with the applicant/developer in a positive and proactive way to ensure that the approved development is consistent with the relevant provisions in the framework.

2. Prior to the commencement of any site works, all occupiers of potentially sensitive properties surrounding the site should be notified in writing of the nature and duration of works to be undertaken, and the name and address of a responsible person, to whom enquiries/complaints should be directed.

3. The Public Health Act 1875 Town Improvement Clauses Act 1847 at S.64. Prior to occupation of the newly created premises(s), the street numbering for this development or conversion - residential and commercial, must be agreed with the Street Naming and Numbering Officer. When issued, the number allocated must be clearly displayed on the outside of the property. Application forms for Street Naming and Numbering are available at www.wellingborough.gov.uk

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4. Public Footpath TA21 passes over the line of the means of access. With respect to construction works to be carried out in close proximity to and using Public Rights of Way as access, please note the following standard requirements: - The routes must be kept clear, unobstructed, safe for users, and no structures or material placed on the right of way at all times, it is an offence to obstruct the highway under s137 HA 1980. - There must be no interference or damage to the surface of the right of way as a result of construction. Any damage to the surface of the path must be made good by the applicant to the specification of the Local Highway Authority. - If as a result of the development the Right of Way needs to be closed application must be made for a Temporary Traffic Regulation Order. An Application form for such an order is available from Northamptonshire County Council website, a fee is payable for this service and a period of six weeks' notice is required. Please follow the link below: http://www3.northamptonshire.gov.uk/councilservices/northamptonshire- highways/rights-of-way/Pages/temporary-traffic-regulation-orders.aspx - Any new path furniture (e.g. gates preferred over stile) needs to be approved in advance with the Access Development Officer, standard examples can be provided. Please do not rely on the position of features on site for an accurate position of the public rights of way. This must be taken only from the Definitive Map and Statement 2010.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Paul Bateman WP/16/00496/REM

Date received Date valid Overall Expiry Ward Parish 10 August 2016 11 August 2016 6 October 2016 Bozeat Bozeat

Applicant Mrs Defen Zhang

Agent Mr Joby Simson

Location 129 London Road Bozeat Wellingborough Northamptonshire NN29 7JR

Proposal Reserved matters application pursuant to conditions 1 and 2 of outline planning permission ref: WP/15/00163/OUT - AMENDED PLAN

PLANNING HISTORY

WP/15/00163/OUT Approved with conditions 03.06.2015 Outline application with all matters reserved for demolition of existing single storey extension and the construction of an end terrace, two storey, house

WP/16/00496/REM Determination pending. Reserved matters application pursuant to conditions 1 and 2 of outline planning permission ref: WP/15/00163/OUT - AMENDED PLAN

WP/16/00497/FUL Determination pending. Construction of a pair of semi-detached houses with garages and associated works - amended design following approval of WP/15/00164/OUT (Outline application with some matters reserved).

WR/1958/0032 Approved with conditions 28.04.1958 Use of garden for storing timber & saw bench

WR/1956/0065 Approved 26.06.1956 Use of front room of house as shop

WR/1955/0153 Approved with conditions 22.12.1955 Proposed garage

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WP/16/00496/REM

WR/1970/0236 Approved with conditions 11.01.1971 Proposed paraffin vending machine

WR/1968/0025 Approved with conditions 13.03.1968 Proposed store & storage shed

WR/1959/0111 Approved 26.10.1959 Proposed shop & store

Reasons for Committee Consideration:

- The planning committee at its meeting on 3 June 2015 resolved that 'planning permission be granted and to the application for full planning permission returning to the planning committee for determination' - The parish council has objected to the application and has also requested a visit from the site viewing group. - The application has attracted more than 3 objections.

THE SITE AND SURROUNDINGS The application site is a single storey flat roofed extension to no. 129 London Road which was formerly used as retail.

Number 129 is at the end of a terrace of six dwellings which have no off-street parking at the front, but running along their rear boundaries is a track-way which affords vehicular rear access to the terrace. The two more modern detached dwellings at either end of the terrace (nos. 127a and 141) do have off-street parking available.

At the front of the site is a highway lay-by which affords on-street parking and there are no parking restrictions in the highway.

Number 127A has windows in its flank wall at ground and first floor level which faces towards the application site.

APPLICATION BACKGROUND AND PROPOSAL Outline planning permission with all matters reserved for demolition of existing single storey extension and the construction of an end terrace, two storey, house, with all matters reserved, was granted by the planning committee on 3 June 2015, WP/15/00163/OUT refers. The indicative plans which accompanied this application illustrate a two storey end of terrace dwellinghouse with no chimney with a 1m gap in between the flank wall and the boundary with no. 127A London Road. Condition number 2 of the permission requires two off-road car parking spaces for the development.

In addition, planning permission was also granted by the committee at the same meeting for application WP/15/00164/OUT for outline application with some matters reserved (access, appearance and scale were determined at that stage) for construction of a pair of semi-detached houses with garages and associated works at

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land adjacent 31 and rear of 129 London Road, but fronting onto Little Close. A full planning application for this development - WP/16/00497/FUL is being considered at this meeting.

The plans which accompany this application depict a two-storey end of terrace dwellinghouse with no chimney and a ridge height that is the same as the adjoining terrace. The gap between the flank wall and the boundary with no. 127A London Road measures from the plan as 1.2m at the front tapering to 1m at the back of the proposed building.

Amended plans have been received which illustrate a parking and turning facility at the rear of the proposed dwellinghouse which would be accessed from the track which runs to the rear of the dwellinghouses that front onto London Road. A re-consultation has taken place on the amended plan and the replies will be summarised in the late letters list.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) 1 (presumption in favour of sustainable development) 4 (biodiversity & geodiversity) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 11 (network of urban & rural areas)

Borough of Wellingborough Local Plan (LP) G4 (development within the limited development and restricted infill villages)

Supplementary Planning Documents/Guidance: Northamptonshire Minerals and Waste Development Framework: development and implementation principles

Sustainable Design Biodiversity Planning Out Crime in Northamptonshire Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Bozeat Parish Council - objects to the application for the following reasons: - proposed parking is not viable - loss of light to no. 127a London Road.

The parish council also expresses its concern with the submitted scaled drawings that do not have dimensions which it feels are necessary to ensure regulation of the development. It continues by saying that having to scale a drawing is bad practice making it difficult to make a sound judgement on important applications. The parish council does say however in the next paragraph that it has scaled the drawings and goes on to lodge the following additional comments:

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- parking has insufficient width to be viable with inadequate manoeuvring space. - vehicles would have difficulties using the trackway. - drawings omit next door window at no. 127A which would have light blocked. - is pleased with the illustrated appearance of the proposed dwellinghouse but requests that: there should be a condition regarding materials, dwellinghouse should have a chimney to match those nearby, dimensions of the ridge height are required to verify the effect on the street scene. - a visit from the planning committee's site viewing group is requested so that it can appreciate the effect of the development on no. 127A and the access issues.

2. Northamptonshire Highways - confirms that it is responsible for ensuring that highway safety and capacity effects of any development are satisfactorily assessed and mitigated in accordance with adopted policies. The company goes on to detail the deficiencies of the private trackway and its use which it thinks could detrimentally impact on the public highway by loose material being dragged in the highway and its increased use conflicting with highway use. It is conceded that the trackway is used by a number of other occupiers and it is requested that the applicant should ensure that it has rights to use the track. The company reminds the council that it recommended refusal of the outline planning application on highway safety grounds and refers to its adopted standards.

3. BCW environmental protection - suggest the imposition of conditions relating to contaminated land construction work.

4. Neighbours - objections to the application have been received from the occupiers of 39 Little Close; 97, 127A, 131, 133 London Road. The objectors cite the following reasons for opposing the application which are grouped together under general heading below for ease of reference:

Access and parking - obstruction of a private right of access - access difficulties/issues via the private track - lack of parking - parking is unusable - reference to Northamptonshire Highways comments - issues for emergency vehicles

Principle - objectionable backfilling which would set a precedent

Appearance - proposed dwelling has skylights, suggestion of rooms in the roof - building is higher and not in keeping with others - overdevelopment of the site

Amenity - loss of privacy - loss of light

Planning Committee 17 of 144 16 November 2016

Other issues - reference to property ownership details - reference to red line issues - overdevelopment of the site - party wall act issues - private right to light

The occupier of 20A Allens Hill has provided detailed information on claimed private rights of way over the site.

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan and material considerations - design, layout and the effect on the character and appearance of the surrounding area - effect on biodiversity - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - effect/impact on highway safety in relation to the proposed access arrangement and parking provision - contamination - crime and disorder - planning conditions.

Conformity with the Development Plan and Material Considerations Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that "If regard is to be had to the development plan for the purposes of any determination to be made under the Planning Acts, the determination must be made in accordance with the development plan unless material considerations indicate otherwise."

The grant of the outline planning permission has established the acceptability of the general principle of the development. Other more specific issues are examined below.

Design, Layout and the Effect on the Character and Appearance of the Surrounding Area JCS policy 8 describes the principles that proposed development must take into account with regards to its effect on the character and appearance of an area.

Policy G4 of the local plan states that development will be granted planning permission if it will not have an adverse effect, either individually or cumulatively, on the size, form, character or setting of the village.

The government at paragraph 56 of the NPPF says it attaches great importance to the design of the built environment. It goes on to advise: that good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people.

It is thought that the design and appearance of the proposed dwellinghouse which would attach to the end of an existing terrace at the same ridge height is acceptable. The comment regarding the lack of a chimney is noted, but given that there is no

Planning Committee 18 of 144 16 November 2016

heritage implications involved, because there is no conservation area in the village, a dwelling without a chimney and the varied appearance of the dwellings in the locality it is suggested there is no impetuous to require a chimney to be included on the dwellinghouse.

A condition can be attached to require the submission for approval of the intended exterior facing materials. This condition is justified because the proposal relies on an outline permission where appearance is one of the reserved matters.

With regards to the rooflight it is thought that this has an insignificant effect on the overall appearance of the proposed dwellinghouse and the plans illustrate that it would illuminate a light well over the stairs.

Effect on Biodiversity Paragraph 40 of the Natural Environment and Rural Communities Act, under the heading of 'duty to conserve biodiversity' states "every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity."

JCS policy 4 - biodiversity and geodiversity, sets out policy requirements for the protection and where possible, a net gain in biodiversity.

The NPPF at chapter 11 'conserving and enhancing the natural environment' the government sets out it views on minimising impacts on biodiversity, providing net gains where possible and contributing to halt the overall decline in biodiversity.

No biodiversity issues have been identified within the scope of the application.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development JCS policy 4 - biodiversity and geodiversity, sets out policy requirements for the protection and where possible, a net gain in biodiversity.

The comments of the nearby residential occupiers with regards to their views on how the proposed development would affect them are noted. However, it is thought that the scheme would not have such a significant effect on their standard of amenity to warrant refusal of the application. This is because there would be an adequate separation distance in-between the existing and proposed dwellings which would still allow for a reasonable standard of privacy to be enjoyed by the present and future occupiers. With regards to light, it is considered that the adjacent occupiers who have the ability to look out of windows which face out over the flank boundary of their neighbours land from approximately 1m from the common boundary would still receive an adequate standard of light reception.

Effect/Impact on Highway Safety in Relation to the Proposed Access Arrangement and Parking Provision JCS policy 8 (place shaping principles) gives a number of requirements that new

Planning Committee 19 of 144 16 November 2016

development should achieve with regards to highway, pedestrian and other sustainable transport matters.

The NPPF at chapter four sets out government's views and how transport policies and decisions should play a part in promoting sustainable development and health objectives.

Northamptonshire Highways acknowledge that the private trackway is in use by other nearby occupiers but does not comment further on how intense this use is. It also does not point to any accident record in the public highway which could be associated with the existing use of the trackway. The company refers to its earlier opposition to the outline application where it did not say whether it would be prepared to defend its advice in any subsequent appeal process should the application have been refused on highway grounds.

With regards to the effects of debris being dragged onto the highway it would seem there is considerable scope for action to be taken should this occur under the provisions of the Highways Act 1980 which could include the following sections:

131 Penalty for damaging highway etc. 148 Penalty for depositing things or pitching booths etc. on highway. 149 Removal of things so deposited on highways as to be a nuisance etc. 151 Prevention of soil etc. being washed on to street. 161 Penalties for causing certain kinds of danger or annoyance.

Contamination JCS policy 6 says that local planning authorities will seek to maximise the delivery of development through the re-use of suitable previously developed land within the urban areas. Where development is intended on a site known or suspected of being contaminated a remediation strategy will be required to manage the contamination. The policy goes on to inform that planning permission will be granted where it can be established that the site can safely and viably be developed with no significant impact on either future users of the development or on ground surface and waters.

The NPPF at chapter 11 sets out policies on development involving contaminated land. The PPG also offers detailed government advice on this topic.

BCW's environmental protection service has identified the need for the submission for approval of an environmental risk assessment due the application site's proximity to a former factory site. The comments of the service are noted; however, this is a reserved matters application and it is not possible to impose a condition of this nature at this stage. If there is a need for an environmental risk assessment to assess whether the site is contaminated this should have been identified by the service at the earlier outline stage.

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

The JCS at policy 8 (e) (iv) sets out the policy requirement for new development to seek to design out crime and disorder and reduce the fear of crime. The adopted 'designing

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out crime' supplementary planning guidance gives detailed advice this issue.

It is thought that there are no overriding crime and disorder issues to consider.

Planning Conditions Paragraph 206 of the NPPF states that planning conditions should only be imposed where they are: necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. The PPG re- iterates the advice on the use of planning conditions and also states the following:

- specific controls outside planning legislation may provide an alternative means of managing certain matters (for example, works on public highways often require highways' consent) - conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning - conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning

BCW's environmental protection has requested the imposition of a condition relating to dust and noise pollution. However, as can be seen from the above the government advise against the imposition of a condition where there is appropriate alternative legislation elsewhere which could control certain matters. It is considered that BCW's environmental protection service has powers to deal with any unacceptable levels of noise and dust caused by building works as necessary under the provisions of the Environmental Protection Act 1990. The service has also published a leaflet titled 'Considerate Contractor Advice Note.'

Other Issues The parish council has made a comment regarding the lack of dimensions on the submitted drawings which it feels is necessary to enable the development to be properly regulated. The parish council has also expressed the opinion that having to scale a drawing is bad practice.

The view of the parish council on the practice of the borough council accepting scaled drawings is noted, but this is not considered correct. The use of scaled drawings is common practice and is the accepted method nationally of measuring drawings.

With regards to private access and private rights to light the PPG remarks that the courts have made it clear that planning is concerned with land use in the public interests and private rights are not a material consideration.

The Party Wall etc Act 1996 sets out a separate building regulatory regime controlled by the provisions of that statute and it has no influence on a planning decision.

CONCLUSION The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF. In the absence of any material

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considerations of sufficient weight, it is recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. Before construction of the hereby approved dwellinghouse commences representative samples of the intended exterior facing materials shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accord with the approved details.

Reason: In the interests of visual amenity of the area in accord with policy 8 of the North Northamptonshire Joint Core Strategy.

2. The development shall be carried out in accord with the following plan numbers: 2016-71-100, 2016-71-103B, 2016-71- 400.

Reason: To ensure that the development is carried out in accordance with the approved plans.

2. The Public Health Act 1875 Town Improvement Clauses Act 1847 at S.64. Prior to occupation of the newly created premises(s), the street numbering for this development or conversion - residential and commercial, must be agreed with the Street Naming and Numbering Officer. When issued, the number allocated must be clearly displayed on the outside of the property. Application forms for Street Naming and Numbering are available at www.wellingborough.gov.uk

Planning Committee 22 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Site Viewing Group (Date of Visit Tuesday 15 November 2016 at 10.35 am)

Report of the Head of Planning and Local Development

Case Officer Paul Bateman WP/16/00497/FUL

Date received Date valid Overall Expiry Ward Parish 10 August 2016 17 August 2016 12 October 2016 Bozeat Bozeat

Applicant Mrs Defen Zhang

Agent Mr Joby Simson

Location Land Rear Of 129 London Road (fronting Little Close) Bozeat Wellingborough Northamptonshire NN29 7JR

Proposal Construction of a pair of semi-detached houses with garages and associated works - amended design following approval of WP/15/00164/OUT (Outline application with some matters reserved).

PLANNING HISTORY

WP/16/00496/REM Determination pending. Reserved matters application pursuant to conditions 1 and 2 of outline planning permission ref: WP/15/00163/OUT - AMENDED PLAN

WR/1958/0032 Approved with conditions 28.04.1958 Use of garden for storing timber & saw bench

WR/1956/0065 Approved 26.06.1956

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WP/16/00497/FUL

ICT Services © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. This map is accurate Legend 1:504 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 ± GetMapping PLC 1999 WP/16/00497/FUL - Land Rear of 129 London Road (Fronting Little Close) Bozeat

Use of front room of house as shop

WR/1955/0153 Approved with conditions 22.12.1955 Proposed garage

WR/1970/0236 Approved with conditions 11.01.1971 Proposed paraffin vending machine

WR/1968/0025 Approved with conditions 13.03.1968 Proposed store & storage shed

WR/1959/0111 Approved 26.10.1959 Proposed shop & store

Reasons for Committee Consideration:

- The parish council has objected to the proposal and has also requested a visit from the site viewing group. In addition, the application has attracted more than three objections from nearby households.

THE SITE AND SURROUNDINGS The application was part of the rear garden area associated with no. 129 London Road that wraps around the back of no. 127a London Road and fronts onto Little Close.

Running along the side of the application site is a private accessway that is capable of accommodating vehicular traffic. The dwellings in Little Close and Cobblers Place have a character that is typified by relatively large buildings with minimal amounts of amenity space and represents a more dense form of development compared to the dwellings that front onto London Road. Locally the dwelling types are varied with a medley of exterior facing materials.

There is an existing vehicular access into the site from Little Close. There are no on- street car parking restrictions in the highway nearby.

APPLICATION BACKGROUND AND PROPOSAL Outline planning permission WP/15/00164/OUT was granted by the planning committee for construction of a pair of semi-detached houses with garages and associated works at its meeting on 3 June 2015, subsequent to a site visit from the committee's site viewing group. The following matters were approved by the committee at the time as part of the outline application: access, appearance and scale. The plans which accompanied this application depict a pair of two storey semi-detached dwellinghouses with semi-hipped roofs and integral single garages.

The current full application also seeks approval for a pair of two storey semi-detached dwellings with integral single garages with gabled roofs and associated works. In addition to the garages, the plans show one off-road car parking space for each dwellinghouse. The dwellinghouses would have rear gardens with a length of approximately 8.5m and a width in the region of 8m.

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There is a reserved matters application lodged with the council for no. 129 London Road for an end of terrace dwellinghouse - WP/16/00496/REM refers.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) 1 (presumption in favour of sustainable development) 2 (historic environment) 3 (landscape character) 4 (biodiversity & geodiversity) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions)

Borough of Wellingborough Local Plan (LP) G4 (development within the limited development and restricted infill villages)

Plan for the Borough of Wellingborough - Emerging Plan (PBW) SS1 (villages)

Supplementary Planning Documents/Guidance: Northamptonshire Minerals and Waste Development Framework: development and implementation principles

Sustainable Design Biodiversity Planning Out Crime in Northamptonshire Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Bozeat Parish Council - objects to the application for the following reasons: - design and materials are detrimental to the street scene - lack of car parking

A visit from the planning committee's site viewing group is requested so that it can appreciate the effect of the development on the street scene.

2. Northamptonshire Highways - has not objected to the application but lodges the following comments: - reference to its standing advice and identifies specific items - need for the development to comply with Highways Act and its regulatory requirements - parking must be provided in accordance with its own adopted parking standards and

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suggests that the proposed garages need to be enlarged to be effective.

3. BCW environmental protection - lodges the following comments: - prior to development commencing there is a need for the production of an environmental risk assessment due to the proximity of a former factory site. - suggests a construction work informative

4. Neighbours - objections have been received from the occupiers of 39 Little Close; 127A, 131 and 133 London Road. The objectors cite the following reasons for opposing the application: - lack of design and access statement - reference to Northants Highways comments, lack of car parking and local car parking problems. No on street car parking available - boundary treatment compromised - highways issues - loss of open space amenity - loss of privacy - loss of light and overshadowing - compliance with infill and backland policies - overdevelopment of backfill land - lack of dimensions on drawings and ability for cars to fit into the garages

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

The grant of the earlier outline planning permission has established the principle of the acceptability of the site being developed for a pair of semi-detached houses with garages and associated works. However, the proposed scheme still falls to be judged against all the more specific JCS and NPPF policies which are examined below.

Design, Layout and the Effect on the Character and Appearance of the Surrounding Area The JCS at policy 8 describes the principles that proposed development must take into

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account with regards to its effect on the character and appearance of an area.

The comments received which express the opinion that the proposed development would harm the visual amenity of the street scene are noted, but are not accepted and it is considered the objections should not be accorded sufficient weight to justify a refusal of the application. This is because locally there is no clear or distinctive pattern or theme of residential development and given that the proposal involves a pair of semi- detached dwellings which have an uncontentious design and would be constructed with exterior facing materials which can be adequately regulated by way of a condition, it is thought there is no substantive reason to refuse the application on the grounds of demonstrable harm being caused to the character and appearance of the area.

The JCS at policy 4 - biodiversity and geodiversity, sets out policy requirements for the protection and where possible, a net gain in biodiversity.

The NPPF at chapter 11 'conserving and enhancing the natural environment' sets out government views on minimising impacts on biodiversity, providing net gains where possible and contributing to halt the overall decline in biodiversity.

It is anticipated that the proposed development will not have any impact on matters of biodiversity importance.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development The JCS at policy 8 (e) (i) sets out the need to ensure quality of life and safer communities.

At paragraph 17 of the NPPF, under the title of 'core planning principles' requires new development to provide 'a good standard of amenity for all existing and future occupants of land and buildings.'

The comments of the nearby residential occupiers with regards their views on how the proposed development would affect them are noted and it is accepted that the proposed scheme will affect their standard of amenity. However, it is thought that the scheme would not have such a significant effect on their amenity to warrant refusing the application for the following reasons:

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- location on the plot of the proposed dwellinghouses and the intervening distances in between the proposed development and the private amenity spaces of the surrounding occupiers. - orientation of the proposed building on its plot which will still allow for an adequate standard of light reception for the nearby occupiers without a harmfully significant amount of overshadowing. - the difference in what effects this scheme would cause, over above how they would be affected by a reserved matters scheme based on the outline permission, would be negligible.

It is acknowledged that the garden areas associated with the new dwellings are relatively small, but as councillors will be aware, a smaller than average rear garden size by itself is not a defensible reason for refusing an application.

Effect/Impact on Highway Safety in Relation to the Proposed Access Arrangement and Parking Provision JCS policy 8 (place shaping principles) gives a number of requirements that new development should achieve with regards to highway, pedestrian and other sustainable transport matters.

The NPPF at chapter four sets out government views on how transport policies and decisions should play a part in promoting sustainable development and health objectives.

With regards to the NPPF and sustainable transport, the document intimates that local parking standards for residential development should take into account the: - accessibility of the development - type, mix and use - availability of and opportunities for public transport - local car ownership levels - overall need to reduce the use of high-emission vehicles

Objections have been received from the parish council and nearby residents regarding this aspect of the scheme and this opposition is recognized, although these concerns were previously raised when the outline planning permission was granted. The comments of the highway consultee are also acknowledged; however, it should be identified that underlying its comments is the fact that it has not actually objected to the application.

Policy 8 (b) (ii) of the JCS specifically requires new development to conform to 'adopted standards'. The county council and Northamptonshire Highways have formally adopted the Northamptonshire Parking Standards for development management use. However, to date the standards have not been adopted by this council.

Outline planning permission already exists for a pair of semi-detached houses with garages and associated works when access was taken into consideration at that stage. The highway consultee has not objected to the application and has not been able to demonstrate if the scheme as proposed would: create a source of highway or result in a harmful loss of highway capacity. In the circumstances, it is considered that it would not be prudent to refuse the application on highway safety or lack of highway capacity.

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Contamination The JCS at policy 6 says that local planning authorities will seek to maximise the delivery of development through the re-use of suitable previously developed land within the urban areas. Where development is intended on a site known or suspected of being contaminated a remediation strategy will be required to manage the contamination. The policy goes on to inform that planning permission will be granted where it can be established that the site can safely and viably be developed with no significant impact on either future users of the development or on ground surface and waters.

The NPPF at chapter 11 sets out policies on development involving contaminated land. The PPG also offers detailed government advice on this topic.

BCW environmental protection has identified the need for the submission for approval of an environmental risk assessment due the application site's proximity to a former factory site. Bearing in mind the policy and NPPF background set out above, it is considered that it would be appropriate to impose a suitable condition as requested.

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent crime and disorder in its area.

The JCS at policy 8 (e) (iv) sets out the policy requirement for new development to seek to design out crime and disorder and reduce the fear of crime. The adopted 'designing out crime' supplementary planning guidance gives detailed advice this issue.

No crime and disorder issues have been identified.

Planning Conditions Paragraph 206 of the NPPF states that planning conditions should only be imposed where they are: necessary; relevant to planning and to the development to be permitted; enforceable; precise and reasonable in all other respects. The PPG re- iterates the advice on the use of planning conditions and also states the following:

- specific controls outside planning legislation may provide an alternative means of managing certain matters (for example, works on public highways often require highways' consent); - conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning.

BCW's environmental protection service has requested the imposition of a condition relating to dust and noise pollution. However, as can be seen from the above the government advise against the imposition of a condition where there is appropriate alternative legislation elsewhere which could control certain matters. It is considered that BCW's environmental protection service has powers to deal with any unacceptable levels of noise and dust caused by building works as necessary under the provisions of the Environmental Protection Act 1990. The service has also published a leaflet entitled 'considerate contractor advice note.'

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The view of the parish council on the practice of the borough council accepting scaled drawings is noted, but is not considered correct. The use of scaled drawings is common practice and is the accepted method nationally of measuring drawings.

CONCLUSION The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to: sustainable development, design standards, highway safety and neighbour amenity etc. In the absence of any material considerations of sufficient weight, it is recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. The development shall be carried out in accord with the following plan numbers: 2016-70-101, 2016-70-102 A, 2016-70-103 A, 2016-70-400.

Reason: To ensure that the development is carried out in accordance with the approved plans.

3. Before building works on the hereby approved dwellinghouses commences representative samples of the intended exterior facing materials shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accord with the approved details.

Reason: In the interests of visual amenity of the area in accord with policy 8 of the North Northamptonshire Joint Core Strategy.

4. Before the development is first occupied provision shall be made for the surface water from the accesses to be drained within the curtilages of the hereby approved dwellinghouses.

Reason: In the interests of promoting sustainable drainage in accord with policy 5 of the North Northamptonshire Core Spatial Strategy.

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5. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), the hereby approved dwellings shall not be extended without the express planning permission of the local planning authority.

Reason: To prevent overdevelopment of the site and to protect the amenities of adjacent residential occupiers and the future occupiers of the development in accord with policy 8 of the North Northamptonshire Joint Core Strategy.

6. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), no outbuildings shall be erected within the curtilages of the hereby approved dwellinghouses without the express planning permission of the local planning authority.

2. The applicant is advised that planning permission does not automatically allow the construction of the vehicle crossing, details of which require the approval of the Highway Authority. In this regard you should contact the Highways Regulation Team Leader, Northamptonshire County Council, County Hall, George Row, Northampton, NN1 1AS prior to any construction/excavation works within the public highway.

4. The construction phase of the development has the potential to cause problems in terms of dust and noise pollution. Therefore, the applicant is advised that it would be prudent to ensure that:

- it has in place procedures for maintaining good public relations including complaint management, public consultation and liaison. - it has in place arrangements for liaison with the Councils Environmental Protection Team.

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- all works and ancillary operations which are audible at the site boundary should only be carried out between the following hours: 0800 Hours and 1800 Hours on Mondays to Fridays and 0800 and 13:00 Hours on Saturdays and; at no time on Sundays and Bank Holidays. - deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the hours mentioned above. - mitigation measures as defined in BS5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites should be used to minimise noise and disturbance from construction works. - it has in place procedures for emergency deviation of the suggested working hours. - the Borough Council of Wellingborough encourages all contractors to be 'Considerate Contractors' when working in our district by being aware of the needs of neighbours and the environment. - it has in place control measures for dust and other air-borne pollutants. it has in place measures for controlling the use of site lighting whether required for safe working or for security purposes.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Site Viewing Group (Date of Visit Tuesday 15 November 2016 at 11.15 am)

Report of the Head of Planning and Local Development

Case Officer Erica Buchanan WP/16/00490/FUL

Date received Date valid Overall Expiry Ward Parish 5 August 2016 16 Sept 2016 11 Nov 2016 Great Doddington & Wilby Wilby

Applicant Mr T Fairfield

Agent Mr Patrick Dooley

Location The George 117 Main Road Wilby Wellingborough Northamptonshire NN8 2UB

Proposal Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

PLANNING HISTORY

WP/16/00490/FUL Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00491/LBC Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00498/FUL Determination pending. Change of use of agricultural land for proposed 3 no. log cabins (12 month temporary consent) - works have commenced

TPO/2008/0002 Approved with conditions 11.04.2008 Mulberry tree within the grounds of The George Public House Wilby: Reduction of weight and provision of additional support to reduce the risk of failure

WP/2004/0803 Application withdrawn by authority; 17.02.2005 Replace old rotten signage to front and sides of building

WP/2000/0387 Approved with conditions 13.09.2000

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WP/16/00490/FUL

Painting of front mid section wall

BW/1990/0009 Approved with conditions 17.10.1990 Detached house and garage

BW/1990/0042 Approved with conditions 17.10.1990 Part demolition of wall for access

WR/1972/0277 Approved with conditions 31.08.1972 Car parking

WR/1972/0060 Approved 13.03.1972 Internal alterations and new toilets

WR/1961/0052 Approved 15.03.1962 15 caravans

WR/1957/0067 Approved 16.05.1957 5 garages

WR/1960/0167 Approved with conditions 07.09.1960 Change of Use to carpenters shop

WP/2007/0325 Refused 17.10.2007 Retrospective application to replace unsafe wooden signage with new wooden signage (Listed Building Consent Application).

BW/1988/0026 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and association accommodation

BW/1988/0027 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and associated accommodation

Reason(s) for Committee Consideration:

- The ward member has requested that the application is determined by the planning committee.

THE SITE AND SURROUNDINGS The application property is a public house that lies on the south eastern side of Main Road, in the area of the historic settlement of Wilby and comprises a two storey building with a small two storey link extension and a stone barn. There is a car park area on the south side of the building and a "beer garden" on the north. Either side of the public house are residential properties and to the rear is open countryside.

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APPLICATION PROPOSAL AND BACKGROUND The public house itself is a grade II listed building and works to the public house and adjoining barn have been carried out without the benefit of planning or listed building consent. It should be noted that the barn is included within the listing.

The description of the listing is as follows;- Public house. Early C18. Squared coursed limestone and ironstone with slate roof. Originally 2-unit plan. 2 storeys with attic. 5-window range of C20 casements with glazing bars under gauged stone heads now rendered. Ground floor refenestrated C19 has similar windows with rendered surrounds. Central C20 doors and porch. Moulded stone cornice and pair of gabled roof dormers with casements. Ashlar gable parapets and kneelers and brick stacks at ends. Late C18/early C19 one-unit brick extension to right connects to C18 stone barn which has C19 roof. Evidence of C18 wing to rear. Interior remodelled C20.

This proposal is one of 3 applications to regularise unauthorised work and this application is for the change of use and alterations to convert the barn into letting rooms comprising eight bedrooms to be created on two floors each with en-suite bathroom facilities (3 rooms on the ground floor and 5 rooms on the first floor). The proposal includes the alterations to the existing barn doors and the provision of a new external fire escape and balcony.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 2 (historic environment) 4 (biodiversity & geodiversity) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 20 (Nene and Ise valleys) 22 (delivering economic prosperity) 23 (distribution of new jobs) 25 (rural economic development and diversification)

Borough of Wellingborough Local Plan (LP) Policies: G4 (development within the limited development and restricted infill villages) G5 (development within the restraint villages)

Plan for the Borough of Wellingborough - Emerging Plan (PBW) Policies SS1 (villages) E 3 (employment outside established employment estates) R3 (local impact threshold)

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Supplementary Planning Documents/Guidance: Northamptonshire Minerals and Waste Development Framework: development and implementation principles Sustainable Design Biodiversity Upper Nene Valley Special Protection Area Planning Out Crime in Northamptonshire Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - highway standards and planning conditions set out in the NCC document 'highway authority standing advice', as applicable, be applied to this planning application. It must be ensured that adequate, dedicated parking is provided and retained to serve both the existing public house and the proposed letting use.

2. Natural England - request mitigation measures.

3. BCW environmental protection - no objection nor comment in respect of the proposed conversion.

4. BCW conservation officer - The harm of the external changes as carried out and proposed would be less than substantial but significant in context of the primary elevation of the barn. Paragraph 134 asks that such harm is weighed against the public benefits of the proposal, which in this case is a viable use for the barn. It is clear that the external elements that cause the harm could be redesigned to reduce the impact. Unless they can be redesigned I would recommend that this application is refused.

5. Parish Council - no objections.

6. Neighbours - 2 objections and 3 letters of support.

2 objections from 130a Main Road and 1 Church Lane: This seems to be cramming a lot of living space into a very small area; the balcony at the rear is not in keeping with this listed building nor original buildings character; the applicant should have known before work started that listed building consent was needed. What action is being taken? Start work and expect to get permission later seems to be the case. The rooms seem very small and have no apparent disabled access. I also can find no consent for recent painting of the exterior.

3 letters of support from no 92, 151 and 153 Main Road: The conversion of the outbuildings to letting rooms will provide a suitable use for the George to enable it to continue to function as a local amenity. Discussion with Mr Fairfield has reassured me of his commitment to keep the view across the fields open. I believe that the village would benefit from having a well run pub and restaurant. The outbuildings at The George have been unused for at least 40 years. Well done to those wanting to put the buildings to good use, before they completely fall into disrepair. It will be good to have a pub in the village, serving food which residents can enjoy and meet up.

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From the drawings it looks as though there are no rooms/bathrooms with disabled access. Could there be at least one ground floor room that could be used by people with disabilities? I support the conversion of the barn into accommodation as it should enable the George to generate sufficient business for the pub to be a going concern.

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan and material considerations - design, layout and the effect on the character and appearance of the area - effect on the listed building - effect on biodiversity - effect on the Upper Nene Valley Special Protection Area - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - effect/impact on highway safety - crime and disorder

Policy 1 of the JCS is clear that when considering development proposals, the local planning authority will take a positive approach that reflects the presumption in favour of sustainable development as set out within the NPPF.

Policy 8 of the JCS and the SPD on 'sustainable design' require new development to be of a high standard of design, respect and enhance the character of its surroundings, and not result in an unacceptable impact upon the amenities of neighbouring properties or wider area; by reason of noise, loss of light or overlooking. Paragraph 17 of the NPPF sets out the 12 core principles, one of which is to seek to secure high quality design and good standard of amenity for existing and future occupiers and paragraph 56 states that good design is a key aspect of sustainable development.

In addition to the specific NPPF requirements set out above, paragraph 66 states that 'applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably.'

The application form at question five indicates that no pre-application advice or assistance has been sought from the council. The NPPF from paragraph 188 extols the virtues of applicants engaging in pre application discussion with the council to resolve any issues that may arise to help applicants avoid any unnecessary delays and costs. In the case of this application this would have been beneficial so as to prevent the unauthorised work.

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Design, Layout and the Effect on the Character and Appearance of the Surrounding Area The JCS at policy 8 describes the principles that proposed development must take into account with regards to its effect on the character and appearance of an area.

As the main alterations are to the rear of the site in terms of the character and appearance of the area from a public viewpoint would be minimal however this does not override the harm to the listed building.

Effect on a Grade II Listed Building The council is required by section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirably of preserving or enhancing a listed building or any of its features of special architectural or historic interest. There is an identical duty in section 16 when determining applications for Listed Building Consent.

Policy 2 of the JCS sets out the policy background for the protection, preservation and enhancement of the historic environment.

With regards the NPPF, chapter 12 sets out government advice on conserving and enhancing the historic environment. Paragraph 133 sets out its guidance where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset. Paragraph 134 advises on development proposals which will lead to less than substantial harm to the significance of a designated heritage asset. The paragraph goes on to say that the harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

It is considered that the works carried out to date have had a significant negative impact on the exterior appearance of the barn. In addition it is also considered that the proposed work will add to the negative impact and result in harm.

The main works to the property relate to the rear of the barn, which faces the car park. This acts as the main façade even though it is not facing the main road. This elevation has all the barn doors and window openings that show the previous use of the barn. It is therefore considered that this elevation is the main façade of the barn and that it is the barn's rear elevation which fronts the road.

The works have removed the in situ barn doors in 2 locations on the ground floor and replaced them with wood panelling and inserted a standard door. On the first floor the loading door has also been replaced with another standard door. As such these material alterations have a detrimental impact on the historic fabric of the building.

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To serve the 5 bathrooms on the first floor 3 sets of external soil vent pipes have been connected including 2 long horizontal soil pipes. All these installed external pipes are black UPVC which are considered not to retain the buildings historic character. To be acceptable on a listed building all of these soil pipes and rainwater goods should be in black cast iron.

It is also noted that the installed rainwater down pipes are not shown on the submitted plans.

There is in situ a fire escape which has been added by the current owner without permission. However the current proposal is to replace this with a large balcony and stairs.

The function of the fire escape is clear and necessary for the proposed use and the proposed balcony and stairs could act as a fire escape. However the design of the balcony on the main elevation of the barn is considered to create an incongruous feature and the ability to read the building in its original form would be lost.

There is no defined function for the balcony as it would only seem to serve as part of a fire escape. In this respect a bespoke fire escape which acts as a functional feature that reflects the historic use of the barn is more appropriate than the proposed fire escape and balcony.

It is considered that the proposal would cause harm to the significance of the listed building having regard to the location of the balcony, its size, scale, design and materials and relationship to other elements of the building. This harm is considered to be "less than substantial" in NPPF terms. Paragraph 132 of the NPPF requires that any harm to or loss of significance should require clear and convincing justification. Paragraph 134 advises that, where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefit of the proposal, including securing its optimum viable use.

In terms of public benefits, the proposed re-use of the building for holiday lets, and the economic activity that that would be generated would benefit the community. However, the proposed external changes in terms of the materials and the design would mean there is less than substantial harm. This harm outweighs the public benefits of improvements to the use of the property and therefore, on the balance of the 134 test, should be refused.

In terms of the existing works that have been carried out, works to the interior first floor are largely completed and are mainly stud works that make up room divides. These works are reversible and would have little impact on the significance of the heritage asset.

The ground floor works are part completed and consist of stud walls, dry-lining and a floating floor. Again these works are reversible and are considered acceptable since they cause no significant harm to the heritage asset.

Overall the reuse of the barn is positive in conservation terms and the internal use of space is acceptable. However the external changes that have been made and those

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that are proposed are considered to have a detrimental impact on the listed building, and its external elevation and have not been carefully designed to minimise the impact on the historic building in terms of both character and appearance.

The rear elevation is the key elevation of the building where the main barn doors are located. The installation of new services and a proposed fire escape/balcony are not considered to be appropriate nor reflect the functionality or value of this historic barn.

The services would have been best installed internally to avoid their unsightly appearance. The original barn doors should have been kept and adapted to suit or at least replicated. It is not considered that the physical changes already taken place are to a 'high standard of design and specification' as mentioned in the impact statement.

A window is proposed to be inserted into the central barn door which is not of a design or style that is in keeping with the building and is therefore not considered to be acceptable. The barn doors could be replaced with similar style doors that reflects its former use into which could be inserted a suitable opening such as a window that is designed and integrated as part of a 'barn door' would be acceptable.

It is therefore considered that the existing alterations and that proposed would result in less than substantial harm to the listed building and that there are no public benefits that outweigh the harm and therefore the proposal is contrary to paragraph 134 of the NPPF and policy 2 of the JCS.

The JCS at policy 4 - biodiversity and geodiversity, sets out policy requirements for the protection and where possible, a net gain in biodiversity.

It is not considered that biodiversity is affected by the proposed conversion, however as set out below the proposal would have an implication on the Upper Nene Valley SPA.

Effect on the Upper Nene Valley Special Protections Area The Upper Nene Valley Gravel Pits Special Protection Area/Ramsar site was formally classified by the UK government in 2011. It covers 1358 hectares in four local authorities: South Northamptonshire, Northampton, Wellingborough and East Northamptonshire. It is a composite site comprising 20 separate blocks of land and water fragmented by roads and other features, and located adjacent or close to urban areas.

SPAs are the most important sites for wildlife in Europe. It is a European designation, classified under the 'birds directive' (council directive 79/409/EEC) to provide increased protection and management for areas which are important for breeding, feeding,

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wintering or migration of rare and vulnerable species of birds.

A 'ramsar' site is a wetland of international importance designated under the convention of wetlands of international importance especially as waterfowl habitat. It is known as the 'ramsar convention' after the Iranian city where it was drawn up and adopted in 1971. The SPA and Ramsar site boundaries for the Upper Nene Valley Gravel Pits are identical, although the qualifying features are slightly different. References to the SPA should therefore be interpreted as including the Ramsar site.

The Upper Nene Valley Gravel Pits Special Protection Area (SPA)/Ramsar site is legally protected by the Conservation of Habitats and Species Regulations 2010 (the 'Habitats Regulations').

A supplementary planning document has been produced to help local planning authorities, developers and others ensure that development has no significant effect on the SPA, in accordance with the legal requirements of the habitats regulations. The SPD has been developed with Natural England and the RSPB. It is written for applicants but is also an excellent resource for development management and policy officers.

Policy 4 of the JCS on biodiversity and geodiversity states that developments likely to have an adverse effect on the special protection area must satisfy the requirements of the Habitat Regulations and states that all new residential development within 3km of the SPA will result in a significant effect on the SPA. The 'in-combination' impact of proposals involving a net increase of one or more dwellings within the 3km radius of the SPA are concluded to have an adverse effect on its integrity unless avoidance and mitigation measures are in place.

The council is currently consulting on an addendum to the SPA SPD. This addendum provides further guidance for development within the 3km zone of the SPA and details the specific contributions that each new dwelling will be required to pay.

The proposal is for guest lettings and increased visitor access to the Upper Nene Valley Gravel Pits SPA is recognised by Natural England as a threat to the favourable condition of the SPA. This is underpinned by a number of studies documenting disturbance to birds from activities such as dog walking within the SPA. A report entitled "visitor access study of the Upper Nene Valley Gravel Pits SPA" has explored the expected increases in visitor numbers as a result of new development and identifies that the majority of visitors originate from within 3km of the SPA, with most visitors arriving via a short car journey.

A Habitat Regulations Assessment to identify the likely effects of the proposed development on the SPA has been undertaken. It is considered that a planning decision on the merits of the proposed development can be taken once a mitigation payment of £269.44 has been made under section 111 of the Local Government Act 1972. As yet this payment hasn't been made.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development The JCS at policy 8 (e)(i) details policy relating to the protection of amenity of neighbouring occupiers.

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It is not considered that the proposed conversion would have a detrimental impact on the neighbouring properties than the use of the site as a public house.

Effect/Impact on Highway Safety in Relation to (the Proposed Access Arrangement and Parking Provision) JCS policy 8 gives a number of requirements that new development should achieve with regards to highway, pedestrian and other sustainable transport matters.

Northamptonshire highways have not objected to the proposal and have stated that adequate, dedicated parking should be provided and retained to serve both the existing public house and the proposed letting use.

As there is adequate parking facilities on site to accommodate both uses it is considered that the proposal complies with policy 8 (b)(i).

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

The police have not commented on the application and it is not considered that the proposal would result in any crime and disorder issues.

CONCLUSION The proposed change of use is considered to be an appropriate use that sits alongside the main use of the public house, however due to the location of the balcony, its size, scale, design and materials and relationship to other elements of the building would be an incongruous addition.

RECOMMENDATION 1 Refuse for the following reasons below: 2 That the council take enforcement action including a Listed Building Enforcement Notice and other measures including injunction as necessary to protect and restore this heritage asset.

REASONS

1. It is considered that the works carried out to date have had a significant negative

Planning Committee 42 of 144 16 November 2016

impact on the exterior appearance of the barn. In addition it is also considered that the proposed work will add to the negative impact to the significance of the listed building in particular to the location of the balcony its size, scale, design and materials and relationship to other elements of the building would be an incongruous addition. Applying the policy in paragraphs 129, 131, 132 and 134 of the NPPF the development would cause harm to the significance of the designated heritage asset, which is less than substantial. There is no clear and convincing justification for this harm, and no overriding public benefits. The proposal is therefore contrary to policy 2 (a, b and d) of the North Northamptonshire Joint Core Strategy.

NORTH NORTHAMPTONSHIRE JOINT CORE STRATEGY 2011-2031

POLICY 2 - HISTORIC ENVIRONMENT a) Proposals should conserve and, where possible, enhance the heritage significance and setting of an asset or group of heritage assets in a manner commensurate to its significance; b) Proposals should complement their surrounding historic environment through the form, scale, design and materials; d) Proposals should demonstrate an appreciation and understanding of the impact of development on heritage assets and their setting in order to minimise harm to these assets and their setting. Where loss of historic features or archaeological remains is unavoidable and justified, provision should be made for recording and the production of a suitable archive and report;

INFORMATIVE 1. In accordance with the provisions in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and pursuant to paragraphs 186 and 187 of the National Planning Policy Framework, where possible and feasible, either through discussions, negotiations or in the consideration and assessment of this application and the accompanying proposals, the council as the local planning authority endeavoured to work with the applicant/developer in a positive and proactive way to ensure that the proposed development is consistent with the relevant provisions in the framework.

Planning Committee 43 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Site Viewing Group (Date of Visit Tuesday 15 November 2016 at 11.15 am)

Report of the Head of Planning and Local Development

Case Officer Erica Buchanan WP/16/00491/LBC

Date received Date valid Overall Expiry Ward Parish 5 August 2016 16 Sept 2016 11 Nov 2016 Great Doddington & Wilby Wilby

Applicant Mr T Fairfield

Agent Mr Patrick Dooley

Location The George 117 Main Road Wilby Wellingborough Northamptonshire NN8 2UB

Proposal Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

PLANNING HISTORY

WP/16/00490/FUL Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00491/LBC Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00498/FUL Determination pending. Change of use of agricultural land for proposed 3 no. log cabins (12 month temporary consent) - works have commenced

WP/2004/0803 Application withdrawn by authority; 17.02.2005 Replace old rotten signage to front and sides of building

WP/2000/0387 Approved with conditions 13.09.2000

Planning Committee 44 of 144 16 November 2016

WP/16/00491/LBC

Painting of front mid section wall

BW/1990/0009 Approved with conditions 17.10.1990 Detached house and garage

BW/1990/0042 Approved with conditions 17.10.1990 Part demolition of wall for access

WR/1972/0277 Approved with conditions 31.08.1972 Car parking

WR/1972/0060 Approved 13.03.1972 Internal alterations and new toilets

WR/1961/0052 Approved 15.03.1962 15 caravans

WR/1957/0067 Approved 16.05.1957 5 garages

WR/1960/0167 Approved with conditions 07.09.1960 Change of Use to carpenters shop

WP/2007/0325 Refused 17.10.2007 Retrospective application to replace unsafe wooden signage with new wooden signage (Listed Building Consent Application).

BW/1988/0026 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and association accommodation

BW/1988/0027 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and associated accommodation

Reason(s) for Committee Consideration:

- The ward member has requested that the application is determined by the planning committee

Planning Committee 45 of 144 16 November 2016

This proposal is one of 3 applications to regularise unauthorised work and this application is for listed building consent for the alterations to convert the barn into letting rooms comprising eight bedrooms to be created on two floors each with en-suite bathroom facilities (3 rooms on the ground floor and 5 rooms on the first floor).

The external works are to the rear elevation and comprise a new balcony in steel with a glass balustrade, two roof-lights, alterations to existing ground-floor barn openings to provide new doors, timber panelling and fenestration, and new soil-and-vent pipes. The proposal includes the insertion of a window in the barn door.

At the point of the submission of the application the works to the conversion of the barn on the first floor are all but complete and those to the ground floor are in progress. After an initial visit from the conservation officer, works stopped pending determination of the listed building and planning applications.

Since the submission of the applications the link building has been repainted grey. This aspect did not form part of the submitted scheme.

The external works already carried out include the addition of a metal fire escape, 3 sets of soil pipes, a new first floor loading door and new barn doors. It should be noted that the fire escape currently in situ is not as proposed.

Three windows on the first floor remain as existing and are not proposed for alteration.

Part of the work in progress on site was to renovate the roof of the public house. Slates were removed from the back addition part of the roof and replaced with new. The old slates were kept as spares for the works to the main part of the roof where original slates were replaced.

Members should be aware that works to a listed building without the benefit of Listed Building consent is a criminal offence and should consent be refused it could be subject to enforcement procedures.

Planning Committee 46 of 144 16 November 2016

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

Borough of Wellingborough Local Plan (LP) Policies: G4 (development within the limited development and restricted infill villages)

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. NCC Archaeology - would strongly recommend that any opportunity to record the barn should be taken. This would be secured by a standard condition for a programme of archaeological work, though under the circumstances the wording would need to be revised.

2. BCW conservation officer - The harm of the external changes as carried out and proposed would be less than substantial but significant in context of the primary elevation of the barn. Paragraph 134 asks that such harm is weighed against the public benefits of a viable use for the barn. It is clear that the external elements that cause the harm could be redesigned to reduce the impact. Unless they can be redesigned I would recommend that this application is refused.

3. Parish council- has no objections to the proposal.

4. Neighbours- no comments received.

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan, especially in relation to inappropriate development and material considerations - effect on a Grade II Listed Building - design, layout and the effect on the character and appearance of the surrounding area

Policy 1 of the JCS is clear that when considering development proposals, the local planning authority will take a positive approach that reflects the presumption in favour of

Planning Committee 47 of 144 16 November 2016

sustainable development as set out within the NPPF.

Policy 8 of the JCS and the SPD on 'sustainable design' require new development to be of a high standard of design, respect and enhance the character of its surroundings, and not result in an unacceptable impact upon the amenities of neighbouring properties or wider area; by reason of noise, loss of light or overlooking. Paragraph 17 of The NPPF sets out the 12 core principles, one of which is to seek to secure high quality design and good standard of amenity for existing and future occupiers and paragraph 56 states that good design is a key aspect of sustainable development.

Effect on a Grade II Listed Building The council is required by section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirably of preserving or enhancing a listed building or any of its features of special architectural or historic interest. There is an identical duty in Section 16 when determining applications for Listed Building Consent.

Policy 2 of the JCS sets out the policy background for the protection, preservation and enhancement of the historic environment.

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It is also noted that the installed rainwater down pipes are not shown on the submitted plans.

There is in situ a fire escape which has been added by the current owner without permission. However the current proposal is to replace this with a large balcony and stairs.

In terms of public benefits the proposed re-use of the building for holiday lets and the economic activity that would be generated would benefit the community and constitute a public benefit. However, the changes to the external elevation of the building together with the proposed, particularly with the materials and the design, means that there is less than substantial harm. This harm outweighs the public benefits of improvements to the use of the property and therefore, on the balance of the 134 test, should be refused.

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Overall the reuse of the barn is positive in conservation terms and the internal use of space is acceptable. However the external changes that have been made and those that are proposed are considered to have a detrimental impact on the listed building, and its external elevation and have not been carefully designed to minimise the impact on the historic building in terms of both character and appearance.

The services would have been best installed internally to avoid their unsightly appearance. The original barn doors should have been kept and adapted to suit or at least replicated. It is not considered that the physical changes that have already taken place are to a 'high standard of design and specification' as mentioned in the impact statement.

A window is proposed to be inserted into the central barn door which is not of a design or style that is in keeping with the building and is therefore not considered to be acceptable. The barn doors could be replaced with similar style doors that reflect its former use into which could be inserted a suitable opening such as a window that is designed and integrated as part of a 'barn door.' It is likely this would be acceptable.

It is therefore considered that the existing alterations and that proposed changes would result in less than substantial harm to the listed building. It is considered that the public benefits to the proposal do not outweigh the harm and therefore the proposal is contrary to paragraph 134 of the NPPF and policy 2 of the JCS.

Effect on Archaeology JCS policy 2 (d) requires that where proposals would result in the unavoidable and justifiable loss of archaeological remains, provision should be made for recording and the production of a suitable archive and report.

With regards the NPPF, section 12 sets out government advice on conserving and enhancing the historic environment and in particular paragraph 128 advises that, when determining an application which could affect a heritage asset with archaeological interest the council should require developers to submit a field evaluation.

The George and its attached barn are listed at Grade II and date from the 18th century, with later alterations; the barn roof is 19th century. The significance of the barn lies in its spatial and functional relationship to the surrounding buildings and its changing uses over time as well as its historic fabric. The barn is included in the listing and is therefore considered to be of national significance.

The NPPF, paragraph 141 says that the local planning authority should require the developer to record and advance understanding of the significance of heritage assets to be lost due to development. In a case such as this, a condition for building recording to at least Level 2 as defined in English Heritage: Understanding Historic Buildings (2006)

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would normally be recommended.

However given that works have been substantially completed without any such archaeological work having taken place, it is recommended that before any further work is carried out the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

CONCLUSION The works carried out and the proposed development are considered to cause less than substantial harm to the significance of the barn and that there are no overriding benefits that outweigh the harm. The proposal is therefore contrary to policy 2 of the JCS and chapter 12 of the NPPF.

REASONS

1. It is considered that the works carried out to date have had a significant negative impact on the exterior appearance of the barn. In addition it is also considered that the proposed work will add to the negative impact to the significance of the listed building in particular to location of the balcony its size, scale, design and materials and relationship to other elements of the building would be an incongruous addition. Applying the policy in paragraphs 129, 131, 132 and 134 of the NPPF the development would cause harm to the significance of the designated heritage asset, which is less than substantial. There is no clear and convincing justification for this

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harm, and no overriding public benefits. The proposal is therefore contrary to policy 2 (a, b and d) of the North Northamptonshire Joint Core Strategy.

NORTH NORTHAMPTONSHIRE JOINT CORE STRATEGY 2011-2031

Planning Committee 52 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Site Viewing Group (Date of Visit Tuesday 15 November 2016 at 11.15 am)

Report of the Head of Planning and Local Development

Case Officer Erica Buchanan WP/16/00498/FUL

Date received Date valid Overall Expiry Ward Parish 8 August 2016 11 August 2016 6 Oct 2016 Great Doddington & Wilby Wilby

Applicant Mr T Fairfield

Agent Mr Patrick Dooley

Location The George 117 Main Road Wilby Wellingborough Northamptonshire NN8 2UB

Proposal Change of use of agricultural land for proposed 3 no. log cabins (12 month temporary consent) - works have commenced

PLANNING HISTORY

WP/16/00490/FUL Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00491/LBC Determination pending. Conversion of outbuilding to letting rooms together with new external balcony (works have commenced)

WP/16/00498/FUL Determination pending. Change of use of agricultural land for proposed 3 no. log cabins (12 month temporary consent) - works have commenced

WP/2004/0803 Application withdrawn by authority; 17.02.2005 Replace old rotten signage to front and sides of building

WP/2000/0387 Approved with conditions 13.09.2000

Planning Committee 53 of 144 16 November 2016

WP/16/00498/FUL E 82.0m

Car Park

70 R TCB E 73.5m

Track

105

105a 107

Wilby A 76 109

The George 86 PH

102 98 E 75.0m PH

106 123

75.6m MAIN ROAD

131 139

Built Environment © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. Legend This map is accurate 1:1,250 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 WP/16/00498/FUL The George, 117 Main Road, Wilby ± GetMapping PLC 1999

Painting of front mid section wall

BW/1990/0009 Approved with conditions 17.10.1990 Detached house and garage

BW/1990/0042 Approved with conditions 17.10.1990 Part demolition of wall for access

WR/1972/0277 Approved with conditions 31.08.1972 Car parking

WR/1972/0060 Approved 13.03.1972 Internal alterations and new toilets

WR/1961/0052 Approved 15.03.1962 15 caravans

WR/1957/0067 Approved 16.05.1957 5 garages

WR/1960/0167 Approved with conditions 07.09.1960 Change of Use to carpenters shop

WP/2007/0325 Refused 17.10.2007 Retrospective application to replace unsafe wooden signage with new wooden signage (Listed Building Consent Application).

BW/1988/0026 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and association accommodation

BW/1988/0027 Approved with conditions 10.03.1988 Conversion of outbuildings into restaurant and associated accommodation

Reason(s) for Committee Consideration:

- The ward member has requested that the application is determined by the planning committee; - The parish council have raised objection to the proposal; - The application has attracted more than 3 objections.

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south side of the building and a "beer garden" on the north. Either side of the public house are residential properties and to the rear is open countryside.

The description of the listing is as follows:- Public house. Early C18. Squared coursed limestone and ironstone with slate roof. Originally 2-unit plan. 2 storeys with attic. 5-window range of C20 casements with glazing bars under gauged stone heads now rendered. Ground floor refenestrated C19 has similar windows with rendered surrounds. Central C20 doors and porch. Moulded stone cornice and pair of gabled roof dormers with casements. Ashlar gable parapets and kneelers and brick stacks at ends. Late C18/early C19 one-unit brick extension to right connects to C18 stone barn which has C19 roof. Evidence of C18 wing to rear. Interior remodelled C20.

This proposal is one of 3 applications to regularise unauthorised work and this application is for the retention of 3 mobile homes located to the rear of the building to be used as holiday lets.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 2 (historic environment) 3 (landscape character) 4 (biodiversity & geodiversity) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 11 (network of urban & rural areas) 20 (Nene and Ise valleys) 22 (delivering economic prosperity) 23 (distribution of new jobs) 25 (rural economic development and diversification) 26 (renewable energy)

Borough of Wellingborough Local Plan (LP) Policies: G4 (development within the limited development and restricted infill villages)

Plan for the Borough of Wellingborough - Emerging Plan (PBW) Policies SS1 (villages)

Planning Committee 55 of 144 16 November 2016

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - no objection subject to standing advice.

2. Natural England - impact on SPA mitigation payment required.

3. BCW Conservation officer -The log cabins are sited apart from the pub and associated stables and as such do not affect the listed building. However the setting of the listed building must also be considered. The cabins are set directly behind the listed building and on land that is separate from the George. The cabins are not in the main view from the George as it front faces the road. As such these log cabins will not significantly affect the setting of the listed building. Therefore I have no conservation objections to this proposal.

4. Parish Council – objects. The log cabins have been placed outside the village boundary, not in keeping with the listed building, accommodation can be provided within its existing buildings, sets precedent, on agricultural land, would they become permanent, extremely surprised and disappointed that the cabins have been placed in situ BEFORE an application was submitted.

5. Neighbours - 11 letters of objection and 1 general comment. Objections on: Sets principle, plenty of spaces in existing public house prior to its conversion, sets precedent resulting in more caravans, agricultural land out of keeping with the area, out of keeping with listed building, leylandii trees now planted, mobile accommodation available on Wilby Park, temporary consent should be for a shorter period, increase in noise outside pub hours, increased traffic.

General comment: Not enough information been given, concern with privacy and security.

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan, especially in relation to inappropriate development in the open countryside and material considerations - design, layout and the effect on the character and appearance of the surrounding area - effect on heritage assets - effect on biodiversity - effect on the Upper Nene Valley Special Protections Area - effect/impact on the living conditions of the neighbouring occupiers and the future

Planning Committee 56 of 144 16 November 2016

occupiers of the development - effect/impact on highway safety - crime and disorder

Policy 8 of the JCS and the SPD on 'sustainable design' require new development to be of a high standard of design, respect and enhance the character of its surroundings, and not result in an unacceptable impact upon the amenities of neighbouring properties or wider area; by reason of noise, loss of light or overlooking. Paragraph 17 of the NPPF sets out the 12 core principles, one of which is to seek to secure high quality design and good standard of amenity for existing and future occupiers and paragraph 56 states that good design is a key aspect of sustainable development.

The proposed mobile homes are located outside the village boundary in open countryside and as such are contrary to policy G4 of the local plan and policies 11 and 3.of the JCS which require new development to be located within the village and only in exceptional circumstances to be located outside the village boundary and that new

Planning Committee 57 of 144 16 November 2016

development should not harm the character of the area or have a detrimental impact on vistas. The NPPF states that in open countryside tourism and leisure development should respect the character of the countryside.

Effect on Landscape Visual Amenity Policy 3 of the JCS requires development to be located in a way that is sensitive to its landscape setting, retaining and where possible enhancing the distinctive qualities of the landscape character area in which it would be situated or viewed from.

Whilst the proposed mobile homes are located to the rear of the public house they are visible from certain angles in the streetscene and as they are located in open countryside and on agricultural land it is considered that they harm the vistas of the open countryside and therefore they have a detrimental impact on the open countryside contrary to policy 3 of the JCS.

Effect on the Setting of Listed Buildings The council is required by section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirably of preserving or enhancing a listed building or any of its features of special architectural or historic interest. There is an identical duty in Section 16 when determining applications for Listed Building Consent.

Policy 2 of JCS sets out the policy background for the protection, preservation and enhancement of the historic environment.

With regards the NPPF, chapter 12 sets out the government's advice on conserving and enhancing the historic environment. Paragraph 133 sets out its guidance where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset. Paragraph 134 advises on development proposals which will lead to less than substantial harm to the significance of a designated heritage asset. The paragraph goes on to say that the harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

It is considered that due to the distance between the public house and the mobile homes would not have a detrimental impact on the setting of the listed building.

The JCS at policy 4 - biodiversity and geodiversity, sets out policy requirements for the protection and where possible, a net gain in biodiversity.

It is not considered that biodiversity is affected by the proposed conversion, however as set out below the proposal would have an implication on the Upper Nene Valley SPA.

Planning Committee 58 of 144 16 November 2016

SPAs are the most important sites for wildlife in Europe. It is a european designation, classified under the 'birds directive' (council directive 79/409/EEC) to provide increased protection and management for areas which are important for breeding, feeding, wintering or migration of rare and vulnerable species of birds.

A 'ramsar' site is a wetland of international importance designated under the convention of wetlands of international importance especially as waterfowl habitat. It is known as the 'ramsar convention' after the Iranian city where it was drawn up and adopted in 1971. The SPA and ramsar site boundaries for the Upper Nene Valley Gravel Pits are identical, although the qualifying features are slightly different. References to the SPA should therefore be interpreted as including the ramsar site.

The Upper Nene Valley Gravel Pits Special Protection Area (SPA)/ramsar site is legally protected by the Conservation of Habitats and Species Regulations 2010 (the 'Habitats Regulations').

Planning Committee 59 of 144 16 November 2016

arriving via a short car journey.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development The JCS at policy 8 (e) (i) details policy relating to the protection of amenity of neighbouring occupiers.

The main concerns from local residents is on increased noise from the mobile homes particularly out of hours from the public house, whilst it is acknowledged that some increased noise may result it would not be enough to warrant a reason for refusal.

It is considered that there is adequate parking facilities on site to accommodate both uses and therefore the proposal complies with policy 8 (b) (i).

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

The JCS at policy 8 (e) (iv) sets out the policy requirement for new development to seek to design out crime and disorder and reduce the fear of crime. The adopted designing out crime supplementary planning guidance gives detailed advice this issue.

CONCLUSION The proposed development is considered to conflict with the overarching principles of the JCS specifically policies 3, 8, 13 and 25. The site is located within open countryside and it is considered that the application fails to respond positively to its local context in terms of its impact upon the character and appearance of the rural area and visual amenity.

Planning Committee 60 of 144 16 November 2016

RECOMMENDATION Refuse for the following reasons:

REASONS 1. The site is located within open countryside and it is considered that the application fails to respond positively to its local context in terms of its impact upon the character and appearance of the rural area and visual amenity. The open nature of the site, the log cabins negatively impact upon the appearance of the area which neither respects or reinforces the character of area and overall compromises the protection of the open countryside. The application is therefore in conflict with policies 3, 8 (e), 11, 13 and 25 of the North Northamptonshire Joint Core Strategy.

Planning Committee 61 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Paul Bateman WP/16/00274/FUL

Date received Date valid Overall Expiry Ward Parish 12 May 2016 26 July 2016 20 September 2016 Harrowden & Sywell Isham

Applicant Mr Chris Pruden

Location 5 Kettering Road Isham Kettering Northamptonshire NN14 1HQ

Proposal Retrospective application for change of use of part of car park to car wash (6 spaces) including barn for storage

PLANNING HISTORY

WP/15/00304/FUL Approved with conditions 04.12.2015 Conversion of the existing public house to 3 self-contained flats involving partial demolition of the rear additions; Erection of 5 detached dwellinghouses with garages; and alterations to access - amended description, revised plans and additional reports

WP/16/00274/FUL Determination pending. Retrospective application for change of use of part of car park to car wash (6 spaces) including barn for storage

WP/16/00422/CND Determination pending. Details submitted pursuant to conditions 1, 2, 3 (external materials), 4 (details of parts of site not covered by buildings), 4, 5 (tree protection), 6, 7 (visibility splays) and 8 (programme of archaeological work/WSI) of planning permission ref: WP15/00304/FUL. AMENDED PLANS

WP/16/00620/TCA Determination pending. Works to T1 copper beech, T2 lime and T4 walnut

WP/1996/0175 Non determination Pub Signs

WP/1995/0401 Approved with conditions 27.09.1995 Internal refurbishment and rear and side extensions

Planning Committee 62 of 144 16 November 2016

WP/16/00274/FUL

WP/1996/0478 Non determination 25.11.1996 Demolition of existing outbuildings and construction of new extension

WP/1996/0412 Non determination 29.11.1996 Rear extension to form family room and associated fencing and car parking

WP/1996/0126 Approved with conditions 15.05.1996 Extension to public house car park

BW/1979/0238 Approved with conditions 23.05.1979 Extension and alterations to form new toilets, bar accommodation and extension to existing car park area

WR/1956/0080 Approved with conditions 24.08.1956 Car park

Reason for Committee Consideration:

- The parish council has raised an objection to the proposal.

THE SITE AND SURROUNDINGS The operation is located in a relatively small outbuilding situated behind the Bear and Beignet café. The application form states that there are three full-time employees.

There is an amount of off-road car parking available to café and car wash customers and the site has an in and out access arrangement.

At the time of officer inspection there was evidence of free standing signs having been placed on the highway, but it was noticeable that the signs did not exclusively relate to the car wash operation.

APPLICATION BACKGROUND AND PROPOSAL The application has been submitted as a result of a planning enforcement enquiry.

The proposal is retrospective in nature and seeks to retain the existing car wash business with the following hours of operation:

Monday - Friday 09:00 to 18:00 Saturdays - 09:00 to 18:00 Sundays and bank holidays - 10:00 to 16:00

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

Planning Committee 63 of 144 16 November 2016

Borough of Wellingborough Local Plan (LP) Policies: G2 (flood protection) G4 (development within the limited development and restricted infill villages)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 2 (historic environment) 3 (landscape character) 4 (biodiversity & geodiversity) 5 (water environment, resources and flood risk management) 6 (development on brownfield land and land affected by contamination) 7 (community services and facilities) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 11 (network of urban & rural areas) 22 (delivering economic prosperity) 23 (distribution of new jobs) 25 (rural economic development and diversification)

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Isham Parish Council - does not object to the car wash, but opposes the following aspects of the development: - waste water drainage - waste disposal arrangements - signage placed in the highway

2. Northamptonshire Highways - initially responded on 5 August 2016 with the following comments: - refers to its standing advice - because of the extant permission for residential development assumes a temporary use - subject to clarification of intentions; no objection

In a subsequent e-mail dated 30 September 2016 the highway consultee confirmed that it had forwarded the Isham Parish Council's highway concerns to the appropriate person within the company.

3. NCC Surface Water Drainage Assessment Team - scheme is outside the scope of its consultation remit.

Planning Committee 64 of 144 16 November 2016

4. Environment Agency - has no objection to the application. The agency does however give advice on waste water disposal and states that Anglian Water should be contacted to inform the company that the foul drainage is to be made to the main sewer.

5. Anglian Water Service Ltd - no comment received.

6. BCW conservation officer - has no conservation objections.

7. BCW environmental protection - no comment received.

8. Neighbours - a nearby occupier considers the application should be refused for the following reasons: - continued operation without permission - not in keeping with the village environment of conservation area - danger to highway safety from water run-off and unsightly advertising boards

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan and material considerations - design, layout and the effect on the character and appearance of the surrounding area, - effect on heritage assets the conservation area and on the setting of the listed building - effect on flood risk and drainage - effect on biodiversity - effect/impact on the living conditions of the neighbouring occupiers - effect/impact on highway safety in relation to the proposed access arrangement and parking provision - contamination - crime and disorder

The specific areas of development plan policy as they relate to the proposal are examined below.

Effect on the Isham Conservation Area Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on a decision maker to pay special attention to the need to preserve and enhance the character or appearance of a conservation area.

Policy 2 of the JCS sets out the policy background for the protection, preservation and enhancement of the historic environment.

With regards the NPPF, chapter 12 sets out government advice on conserving and

Planning Committee 65 of 144 16 November 2016

enhancing the historic environment.

Paragraph 133 of the NPPF sets out guidance where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset. Paragraph 134 advises on development proposals which will lead to less than substantial harm to the significance of a designated heritage asset. The paragraph goes on to say that the harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. Paragraph 138 informs that not all elements of a conservation area will necessarily contribute to its significance.

The courts have held (South Lakeland DC v Secretary of State for the Environment, [1992] 2 WLR 204) that there is no requirement in the legislation that conservation areas should be protected from all development which does not enhance or positively preserve.

Whilst the character and appearance of conservation areas should always be given full weight in planning decisions, the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

The council's conservation officer has not objected to the application because the car wash operation is to the rear of the main building on the site and therefore makes little contribution to the visual amenity of the conservation area. It is thought that the business has a less than significant influence on the character and appearance of the conservation area. In the circumstances it is considered that the public benefits which result due to the employment of staff by the business and the convenience for village residents to be able to have their cars washed locally outweighs the less than substantial harm that is being caused to the conservation area.

Effect on Flood Risk and Drainage JCS policy 5 sets out a raft of sub policies aimed at preventing or reducing flood risk. At policy 10 (b) it requires new development to minimise increases in the demand for additional/expanded water infrastructure. Whilst policy 10 (c) states that planning permission will only be granted if it can be demonstrated that there will be sufficient infrastructure capacity provided within an agreed timescale to support and meet all the requirements which arise from the proposed development. Policy 10 (d) continues by saying that the council and developers should work with infrastructure providers to identify viable solutions to deliver infrastructure where appropriate by phasing conditions, the use of interim measures and the provision of co-located facilities.

Saved local plan policy G2 lists criteria to ensure that development is not at an unacceptable risk from flooding and would not result in an increase in the risk of flooding elsewhere.

The NPPF at paragraph 7 and elsewhere identifies the provision of infrastructure as part of the economic role as one of the three dimensions of sustainable development.

The NPPF at chapter 10 sets out the government's views on how the planning system should take into account the risks caused by flooding. The PPG under the chapter titled 'flood risk and climate change' gives detailed advice on how planning can take account of the risks associated with flooding in the application process.

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The PPG entitled 'water supply, wastewater and water quality' at paragraph 20 provides advice on the particular considerations that apply in areas with inadequate wastewater infrastructure. It explains that if there are concerns regarding the capacity of wastewater infrastructure, applicants will be asked to provide information as to how wastewater will be dealt with. The PPG goes on to provide advice on a number of scenarios regarding the preference to connect to the public sewerage system and the acceptable alternatives.

As can be seen from the consultation section above, the council has sought advice from all the bodies who could give it information on this issue and clearly it is perhaps unfortunate that Anglian Water Services Ltd has not replied to its original consultation or follow-up letter.

In the circumstances, there is no evidence to suggest that the scheme is unacceptable with regards to the existing drainage arrangements and it is the case that if the operation currently causes problems, or at any time in the future with regards to the public sewer, it would be incumbent on the company to react as it deems necessary and appropriate using its own powers.

JCS policy 4 protects biodiversity and geodiversity, and seeks a net gain in biodiversity.

The NPPF at chapter 11 'conserving and enhancing the natural environment' government sets out government views on minimising impacts on biodiversity, providing net gains where possible and contributing to halt the overall decline in biodiversity.

It is considered that the operation has no material impact on matters of biodiversity.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers JCS policy 8 (e) (i) relates to the protection of amenity of neighbouring occupiers.

The comments of the nearby residential occupiers with regards to their views on how the proposed development would affect them are acknowledged. However, it is thought that the scheme does not have such a significant effect on the standard of amenity which is currently enjoyed by the adjacent residential occupiers for the following reasons:

- the existing use of the larger part of the site - location of the car wash in relation to the site boundaries - stated hours of operation which can be regularised by way of a condition.

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The NPPF at chapter 4 sets out government views and how transport policies and decisions should play a part in promoting sustainable development and health objectives.

The comments of the parish council and a nearby neighbour are noted. Crucially however, Northamptonshire Highways has not objected to the application and in the absence of adverse comment from the highway consultee it is considered that there is insufficient evidence on which to base a robust reason for refusal on the grounds of danger to highway safety.

The concerns regarding signage being placed in the highway have been passed onto the company for it to investigate and take action under its own powers as it deems necessary and appropriate.

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

The JCS at policy 8 (e) (iv) sets out the policy requirement for new development to seek to design out crime and disorder and reduce the fear of crime.

The adopted 'designing out crime' supplementary planning guidance gives detailed advice on this issue.

No crime and disorder issues have been identified within the scope of the application.

- specific controls outside planning legislation may provide an alternative means of managing certain matters (for example, works on public highways often require highways' consent)

- conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning

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It is thought that it would be prudent to impose a time limit for the car wash to cease operation to coincide with the expiry date of the planning permission previously granted for the residential re-development of the site. This would allow the council to re-assess the development in the future should the residential scheme not proceed.

It is considered that the proposed conditions meet the tests set out in the NPPF and the provisions of the PPG.

CONCLUSION The development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to promoting sustainable development, conserving the environment and highway safety etc. In the absence of any material considerations of sufficient weight, it is recommended that the proposal be temporarily approved subject to conditions.

RECOMMENDATION Temporarily approve, subject to the following conditions:

CONDITIONS/REASONS

1. The development shall cease no later than 4 December 2018.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. The hereby approved car wash shall not operate outside of the following hours:

Monday - Friday 09:00 to 18:00 Saturdays - 09:00 to 18:00 Sundays and bank holidays - 10:00 to 16:00

Reason: To protect the amenity of the nearby residential occupiers in accord with policy 8 (e) (i) of the North Northamptonshire Joint Core Strategy.

2. This permission does not override the extant permission ref WP/15/00304/FUL and the associated legal agreement for the residential development of this site.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Koko Ekanem WP/16/00452/REM

Date received Date valid Overall Expiry Ward Parish 25 July 2016 25 July 2016 19 September 2016 Earls Barton Earls Barton

Applicant Mr D Mallard

Agent Mr Toby Pateman

Location Land Rear Of 11 Berry Close Earls Barton Northampton Northamptonshire

Proposal Details submitted pursuant to conditions 1 and 2 of appeal decision APP/H2835/A/14/2224195 to determine appearance, landscaping and scale for four dwellings. AMENDED PLAN

PLANNING HISTORY

WP/14/00257/OUT Refused 09.07.2014 Outline application with some matters reserved for the erection of 4 no. dwellings (access and layout to be determined at this stage) - amended layout

WP/15/00775/CND Fully discharged 04.03.2016 Details submitted pursuant to condition 5 (archaeology) of Appeal Ref: APP/H2835/A/14/2224195

WP/16/00452/REM Determination pending. Details submitted pursuant to conditions 1 and 2 of appeal decision APP/H2835/A/14/2224195 to determine appearance, landscaping and scale for four dwellings. AMENDED PLAN

Reason(s) for committee consideration:

- The application has attracted more than 3 objections.

THE SITE AND SURROUNDINGS The application site is located to the east of rear gardens nos. 7, 8, 9, 10 and 11 Berry Close in the village of Earls Barton, and prior to current development, the subject site

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WP/16/00452/REM

was an open field with no vehicular access; albeit with pedestrian access via a public footpath from the nearby park. The site has residential properties to the north, east and west of the site. The field was previously being used as grazing land. Given the red line/s, marking site perimeter on submitted site plan, the existing property on site (no. 11) is a semi-detached dwelling at the dead-end end of Berry Close, a cul-de-sac. The main body of the site is set back about 22m from Berry Close. A new access would be formed from the turning head eastwards to serve the development. The site is irregular in shape and is roughly 46m/64m wide (along east-west axes) and 75m deep (along north-south axes). The site lies within settlement confines of Earls Barton.

Amended site plan (drawing no. 15-13-05D dated May 2016; received 25/10/2016) highlights the main differences in comparison to the approved scheme site plan (drawing no. 15-13-01A dated March 2013) thus and insofar as approved matters (i.e. access and layout) are concerned: (i) Unit 1: (a) dwelling move 0.4m westwards, (b) garage outbuilding relocated westwards 1.6m & northwards 0.6m (it is worth noting that the garage is 2m perpendicular distance from the rear boundary of dwelling curtilages fronting Berry Close); (ii) Unit 2: kitchen/part east elevation wall moved eastwards from eastside perimeter boundary by 2.4m; (iii) Unit 3: garage detached from host dwelling (i.e. moved 0.6m southwards & 0.4m eastwards); (iv) Unit 4: (a) garage outbuilding deleted from proposals and attached to northeast part of host building, (b) host building siting slightly rotated clockwise, (c) part north elevation wall moved southwards by about 3.6m & east elevation wall moved westwards by about 3m.

APPLICATION PROPOSAL AND BACKGROUND Planning permission ( WP/14/00257/OUT) was allowed on appeal in relation to the erection of 4 dwellings at land at the rear of 11 Berry Close, Earls Barton. The current planning application relates to conditions 1 and 2 imposed by the planning inspector in his decision dated 28 November 2014. These related to details of appearance, landscaping and scale and reserved matters.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE National Planning Policy Framework (NPPF) including paragraphs: 6-9, 49, 55-60, etc and, Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 11 (network of urban & rural areas) 15 (well-connected towns, villages and neighbourhoods) 16 (connecting the network of settlements) 17 (North Northamptonshire's strategic connections) 18 (HGV parking) 26 (renewable energy)

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28 (housing requirements and strategic opportunities) 29 (distribution of new homes) 30 (housing mix and tenure)

Borough of Wellingborough Local Plan (LP) G2 (flood protection) G4 (development within the limited development and restricted infill villages)

Plan for the Borough of Wellingborough - Emerging Plan (PBW) SS1 (villages) H1 (urban housing allocations)

Neighbourhood Plans: Earls Barton Neighbourhood Plan EB.GD1 (residential infill sites) EB.D1 (design, layout, building techniques) EB.T1 (parking within 'areas of constrained access)

Supplementary Planning Documents/Guidance: Sustainable Design Biodiversity Trees on Development Sites Planning Out Crime in Northamptonshire Residential Extensions: a guide to good design Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways Makes detailed comments in relation to adhering to the highway standards and planning conditions set out in the NCC document 'highway authority standing advice', as applicable, be applied to this planning application and other detailed matters which can be dealt with via informatives or conditions. They conclude that they have no objections subject to relevant suggested conditions:

2. Natural England Natural England has no comments.

3. BCW landscape officer Could not access the site. From the aerial photograph it would appear that there are strong hedges along the Berry Close boundaries, but this has not been shown on the plan; hardstanding extends right up to the site boundary on unit 4. The proposed planting as shown is vague. A focal point to the entrance would be the field maple tree. Clarification of the tree planing and landscaping details is required, especially in relation to the traffic island and the soft areas on the other side of the access. Each rear garden should have at least one tree.

4. Parish Council No comments received.

5. Neighbours Letters of objection received from: nos. 7, 8, 9, 10, 12 & 15 Berry Close; No. 51 Manor Road; No. 26 White Way and No. 6 Whitworth Crescent. The issues raised included:

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- traffic/parking in Berry Close and surrounding area has deteriorated since last application (WP/14/00257/OUT); problem exacerbated with opening of Bizzy Scissors salon; existing Sewer has reached full capacity already; amenity impact for neighbours; open space issues, highway matters; impact on local facilities; odour / noise generation; drainage; surface water flooding of no. 7 Berry Close; site address actually rear of Nos. 7, 8, 9, 10 & 11 and surrounding houses in Manor Road & Whitworth Crescent; site access narrow and would problems with parking, noise, refuse bins, emergency services & danger to children from heavy work vehicles; proposal were to be no windows to overlook nos 7 & 8 Berry Close; roof massing was to lessen appearance of height but current proposal appears bigger than extant permission scheme; result of archaeological excavation; two years to complete development too long; loss of green space; loss of privacy and loss of light (nos. 7 & 8 Berry Close); proposal contrary to Earls Barton Neighbourhood Plan; proposed landscaping minimal; grassed area of nos. 8, 9 & 10 Berry Close should be cordoned off during construction; working hours not before 08:00Hrs /weekends /bank holidays; site workers vehicles not to be parked at Berry Close; appearance, design, scale and layout of the development is completely out of character with surrounding area; all parking of construction traffic to be within site; surface water and foul water problems; siting of garage of plot 1; working hours (Mondays-Fridays 08:00-17:00Hrs, Saturdays 08:00-13:00Hrs & none on Sundays/Bank Holidays; impact on local facilities; ecology/wildlife; light pollution; impact on air quality; odour/noise generation; whether unit 1 has been moved farther away from the rear of nos. 7 and 8 Berry Close as we understood Mr Mallard was advised to do? proximity of garage to rear of no. 7 Berry Close; nearby development would worsen parking problems in the area of current site; fencing off of site.

ASSESSMENT AND REASONED JUSTIFICATION The principle of the development has been established on appeal. The main issues to consider in this case relate to appearance, landscaping, and scale.

In addition to the specific NPPF requirements set out above, paragraph 66 states that: "applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably."

Design and the Effect on the Character and Appearance of the Surrounding Area JCS policy 8 describes the principles that proposed development must take into account with regards to its effect on the character and appearance of an area.

In terms of appearance, the submitted design and access statement notes that the proposed dwellings would comprise brick walls, concrete tiled roofs and UPVC

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casement windows with stone sills and heads. The roof pitch is 50 degrees. Eaves and ridge heights vary considerably. The use of traditional finishing materials for the walls and roofs is in keeping with the character and appearance of the surrounding area.

With respect to scale, the proposed dwellings are largely two-storey and partly vaulted, resulting in a slightly lower eaves line. There are a variety of ridge heights throughout the properties. The freestanding garages are single storey.

It is considered that the appearance and scale of the proposed development is in keeping with the surrounding area; the proposals would be unlikely to affect the character or appearance of the locality or streetscene. The development is consistent with JCS policy 8 (North Northamptonshire place shaping principles) and is considered acceptable.

Effect on Landscape Visual Amenity Regarding landscaping, the site is currently enclosed by a mixture of hedges, small trees and isolated sections of fencing. The rear gardens cannot be seen from the highway and will be landscaped. The front gardens will be largely hard landscaped to enable vehicular access. The remaining garden will be grassed with low level shrubs to the borders and the occasional small tree.

The comments of the nearby residential occupiers with regards their views on how the proposed development would affect them are noted. However, the principle of the erection of 4 houses has already been established at appeal. In addition, it is thought that the scheme would not have such a significant effect on the standard of amenity which is currently enjoyed by the adjacent residential occupiers due to the fact that the proposed dwellings would be of comparable height to surrounding dwellings and have generous gardens. They would enjoy ample separation distances from neighbouring properties. It is proposed to retain the existing vegetation and planting along the perimeter boundaries to provide screening, thereby enhancing privacy. The retention of existing vegetation and planting can be controlled by condition. As a result of the above it is considered that there is objection to the proposed development in terms of impacts upon neighbouring occupiers.

Given the ample plot sizes of the new curtilages, it is considered prospective occupiers of the development would have acceptable standard of external amenity space provision. The internal space provision for the dwellings conform with policy 30 of the JCS (b) in that they are above the minimum national space standards.

Effect/Impact on Highway Safety in Relation to (the Proposed Access Arrangement and Parking Provision) JCS policy 8 (place shaping principles) gives a number of requirements that new development should achieve with regards to highway, pedestrian and other sustainable transport matters.

The NPPF, at chapter 4 sets out government's views and how transport policies and decisions should play a part in promoting sustainable development and health

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objectives.

It is considered that the proposed garage and parking details conform with Northamptonshire highways adopted standards.

The JCS at policy 4 relates to biodiversity and geodiversity seeking a net gain in biodiversity. This echos the NPPF at chapter 11.

It is considered that there are no material biodiversity issues relating to the scheme.

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

The JCS at policy 8 (e) (iv) sets out policy requirements for new development to design out crime and disorder and reduce the fear of crime. The adopted designing out crime supplementary planning guidance gives detailed advice this issue.

It is considered that there are no pertinent crime and disorder issues relevant to the determination of this application. Nonetheless, a condition is suggested regarding boundary treatment.

Foul sewage JCS policy 6 requires new development to be supported by the timely delivery of infrastructure.

Policy 10 (b) requires new development to minimise increases in the demand for additional/expanded water infrastructure. Policy 10 (c) states that planning permission will only be granted if it can be demonstrated that there will be sufficient infrastructure capacity provided within an agreed timescale to support and meet all the requirements which arise from the proposed development. Policy 10 (d) states that the council and developers should work with infrastructure providers to identify viable solutions to deliver infrastructure where appropriate by phasing conditions, the use of interim

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measures and the provision of co-located facilities.

The NPPF at paragraph 7 and elsewhere identifies the provision of infrastructure as part of the economic role as one of the three dimensions of sustainable development.

The PPG under the chapter entitled 'water supply, wastewater and water quality' at paragraph 20 provides advice on the particular considerations that apply in areas with inadequate wastewater infrastructure. The PPG explains that if there are concerns regarding the capacity of wastewater infrastructure, applicants will be asked to provide information as to how wastewater will be dealt with. The PPG goes on to provide advice on a number of scenarios regarding the preference to connect to the public sewerage system and the acceptable alternatives.

The appeal Inspector in allowing the appeal noted "…there have also been a number of representations received from local residents in respect to sewers and hydrology. However, bearing in mind the submissions of Anglian Water and from the evidence at large, I have no good reason to believe that reasonable drainage solutions for the development cannot be found and delivered…" Condition 7 of the appeal decision relates to details associated with foul drainage and surface water. This condition has not yet been discharged. Upon receipt of the information this issue can be considered when these details are submitted.

CONCLUSION The principle of residential development has been established. The proposed development would be compatible with the scale, appearance, character and pattern of development of the street scene and general locality. There would be no adverse impact on the amenities of the occupiers of neighbouring properties. The car parking and amenity space provision are adequate and there would be no adverse impact on highway safety or vegetation/trees of amenity value.

The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to promoting sustainable development, raising design standards, conserving the environment etc. In the absence of any material considerations of sufficient weight, it is recommended that the details submitted can therefore be discharged.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in complete accordance with the following approved plans and documents:

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(i) Drawing no. 15-13-01; received 25/07/2016 (ii) Drawing no. 15-13-02; received 25/07/2016 (iii) Drawing no. 15-13-03; received 25/07/2016 (iv) Drawing no. 15-13-04; received 25/07/2016 (v) Drawing no. 15-13-05D; received 25/10/2016 (vi) Design and Access Statement; received 23/07/2016

Reason: To ensure that the development is carried out in accordance with the details as approved.

3. Representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before the development is commenced.

Reason: In the interest of the visual amenity of the area in accordance with policy 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

4. No dwelling shall be occupied until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

Reason: To ensure the use of appropriate details to safeguard the character and appearance of the area in accordance policy 8 of North Northamptonshire Joint Core Strategy and guidance contained in the National Planning Policy Framework.

5. Within the first available planting season (October to March inclusive) following the commencement of the development the landscaping works as shown on the approved plan(s) drawing number(s) 15-13-05D and specifications attached to and forming part of this permission shall be fully implemented. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant 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 secure appropriate landscaping of the site and in the interest of visual amenity and the character of the area in accordance with policy 8 of North Northamptonshire Joint Core Strategy and guidance contained in the National Planning Policy Framework.

6. No development shall commence until details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure roads/footways are constructed to an appropriate standard in the interests of highway safety.

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7. No development shall commence until details of the materials and construction specifications to be used for the driveways and footpaths within the site have been submitted to and approved in writing by the local planning authority. Such details shall ensure that a permeable surface treatment is provided to prevent compaction and allow water penetration of the sub-soil.

Reason: To ensure the use of appropriate details to safeguard the character and appearance of the area in accordance with policy 8 of North Northamptonshire Joint Core Strategy and guidance contained in the National Planning Policy Framework.

8. Prior to occupation of the development the vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway and consistent with details set out in approved plan drawing no. 15-13-05D and in consultation with Highways Authority.

Reason: To ensure that vehicles can enter and leave the site in a controlled manner in the interest of highway safety.

9. All existing trees, shrubs and other natural features not scheduled for removal shall be fully safeguarded during the course of any demolition, site works and building operations. No work shall commence on site until all trees, shrubs or features to be protected are fenced along a line to be agreed with the local planning authority of: 1.2m minimum height chestnut paling to BS 1722 Part 4 securely mounted on scaffold poles; Such fencing shall be maintained during the course of the works on site. No unauthorised access or placement of goods, fuels or chemicals, soil or other materials shall take place inside the fenced area.

Reason: To ensure satisfactory landscape treatment of the site in the interests of visual amenity.

10.All existing hedges or perimeter vegetation shall be retained, unless shown on the approved plans as being removed. All hedges or perimeter on and immediately adjoining the site shall be protected from damage for the duration of works on the site. This shall be to the satisfaction of the Local Planning Authority in accordance with relevant British Standards BS 5837 (2005). Any parts of hedges or perimeter removed without the Local Planning Authority's consent or which die or become, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged within five years following contractual practical completion of the approved development shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed with the Authority.

Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows.

11.No development shall take place until details of the finished ground and floor levels of the development in relation to the levels of the surrounding area have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure appropriate standard and in interest of public safety.

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12.The means of access into the site must be laid out as a shared private drive having a width of no less than 4.5m for a distance of 10m in rear of the highway boundary.

Reason: In the interest highway safety.

13.The development hereby approved shall be compliant with the 'Technical housing standards - nationally described space standard' dated March 2015, by the Department of Communities and Local Government.

Reason: In order to comply with policy 30 (b) of the Joint Core Strategy.

14.The development hereby approved shall be compliant with category 2 of part M (2) (accessible and adaptable dwellings) of the Building Regulations.

Reason: In order to comply with policy 30 (c) of the Joint Core Strategy.

INFORMATIVE/S 1. The Applicant's attention is drawn to comments by the Highways Authority: 1.1 To ensure that highway safety is maintained, this authority recommends to the planning authority that the highway standards and planning conditions set out in the NCC document 'Highway Authority Standing Advice', as applicable, be applied to this planning application.

1.2 Works to remove, accommodate or protect existing street furniture or features such as street lighting columns, trees, traffic signs or the apparatus of service providers must be agreed with the Local Highway Authority or Statutory Undertaker and carried out at the cost of the applicant.

1.3 The line of the highway boundary must be suitably defined using precast concrete edgings or similar at the boundary of the application site.

1.4 An extract from the application plan is attached to clarify the above requirements.

1.5 To prevent loose material being carried onto the public highway the driveway must be paved with a hard bound surface for a minimum of 5m in rear of the highway boundary.

1.6 A positive means of drainage must be installed to ensure that surface water from the driveway does not discharge onto the highway.

2. Prior to commencement of the development, the area within the curtilages of the site for the purpose of loading/unloading/reception and storage of building materials and manoeuvring of all vehicles, including construction traffic shall be identified clear of the highway. Details to be submitted to and approved in writing by the Local Planning Authority.

3. The means of access into the site must be laid out as a shared private drive having a width of no less than 4.5m for a distance of 10m in rear of the highway boundary in the interest of highway safety.

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4. The existing vehicular crossing must be maintained and refurbished as appropriate and all highway surfaces affected by the proposals reinstated in accordance with the specification of the Local Highway Authority and subject to a suitable licence/agreement under the Highways Act 1980 in the interest of highway safety.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Mr Omar Sharif WP/16/00467/FUL

Date received Date valid Overall Expiry Ward Parish 28 July 2016 28 July 2016 22 September 2016 Harrowden & Sywell Isham

Applicant Mr J Cornwell

Agent Mr T Sandy

Location Rear Of 10 Wellingborough Road Isham Kettering Northamptonshire NN14 1HR

Proposal Dormer house with integral garage

PLANNING HISTORY

WP/16/00467/FUL Determination pending. Dormer house with integral garage

WR/1969/0066 Refused 30.05.1969 Change of Use part dwellinghouse to form tea room

WP/2008/0409 Approved with conditions 05.11.2008 Outline proposal for a 3 bedroomed dormer bungalow at the rear of Pioneer House with access down the side (inside the village boundary), utilising an existing access from the road moved slightly to the left

WP/2007/0725 Approved with conditions 14.01.2008 Change of use of land from agricultural usage to residential curtilage.

BW/1976/0169 Approved with conditions 13.04.1976 Proposed rear extension to dwellinghouse.

WR/1966/0119 Approved 14.06.1966 Alteration to Garage

WR/1961/0019 Approved with conditions 06.03.1961 Proposed alterations to house and erection of garage

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WP/16/00467/FUL

WP/2007/0474 Refused 12.09.2007 1.5 storey detached house with single storey garage and kitchen.

WP/2002/0767 Approved with conditions 14.01.2003 Proposed extension and second vehicular access.

Reason(s) for Committee Consideration:

- The parish council have raised an objection to the proposal.

THE SITE AND SURROUNDINGS The application site boundary is located both within the village settlement envelope of Isham and partially within the open countryside to the south of the plot. The site however is not within a conservation area, is itself or adjacent to any listed buildings and is not within 3km of the Nene Valley Special Protection Area (SPA).

Properties in the immediate vicinity are predominantly detached residential dwellings either single storey bungalows or two storey properties with evidence of stone and slate to the elevation of properties as well as facing brick or render to the whole property and standard roof tiles. There is also evidence of a car sales unit within the vicinity with a front car sales area on the forecourt.

In terms of the overall urban character of the dwellings in the immediate vicinity, they are predominantly set in plots set back from the highway.

The application site is on a prominent view from Wellingborough Road due to its higher ground when viewed from the lowest part of Wellingborough Road.

THE APPLICATION BACKGROUND AND PROPOSAL Planning permission is sought for a one and half storey dormer house to the rear of 10 Wellingborough Road, Isham, Kettering, Northamptonshire, NN14 1HR.

The application seeks the erection of a 3 bedroom dwelling with associated ancillary landscaping and access which is to the rear of no. 10 Wellingborough Road which will subdivide the overall plot to create a new dwelling. The property is partially within the open countryside to its south. The site access is in the open countryside, however the proposed property would sit within the village boundary which occupies approximately 2/3rds of the remainder of the plot.

It is envisaged that the property will have a lounge, diner with kitchen, study and utility on the ground floor with attached garage, whilst the upper floor is to contain two bedrooms with ensuite, a further bedroom and a bath.

In terms of the overall dimensions, the proposed dwellinghouse would be 13 metres wide and 9.8 metres deep. In terms of the height of the house this will reach some 8.8 metres to the top of the chimney. The design incorporates gable ends, with dormers facing north and south away from the main house (no.10 Wellingborough Road), therefore giving a back-to-side relationship between the properties. The site is already

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surrounded by existing conifers which screen the proposal, and the application will seek to erect a 1.8 metre high close boarded fence to replace an existing one in a poor state of repair.

The application property will sit within the village boundary and orientated some 12.6 metres away from the existing property with only a side door being the active edge on its flank elevation which faces it.

The access to the property will be taken off the Wellingborough Road, with a new 4.5metre wide access leading to the rear of the plot which vehicles will turn within the site in a dedicated parking and turning area. It is envisaged that the existing access will be retained as access and parking area for no. 10 Wellingborough Road.

There will be a lawn to its rear and front with paved areas around the property, providing a sense of amenity for the property, with a 1.8metre close boarded fence separating the two.

Outline planning was given in 2008 for the erection of a 3 bedroom dormer bungalow which establishes the principle of the use of land for a dwellinghouse (ref: WP/2008/0409) and is a material consideration of weight in the determination of this planning application.

The applicant has stated that the total ground internal floor area is 104 sq.m, of which 21 sq.m is garage or storage. The first floor area is 93 sq.m. This makes a total gross floor area of 197 sq.m. In summary 176 s. m habitable floor area plus 21sq.m garage or store.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

Supplementary Planning Documents/Guidance: Planning Out Crime Biodiversity Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - the highways authority has not objected to the proposal subject to the 'Highway Authority Standing Advice' conditions applied to this planning application. They have however stated the private drive should have a width of less than 4.5 metres for a distance of 10m in rear of the highway boundary and suggest further conditions relating to the required highway visibility splays.

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2. NCC Archaeology - no objections to the proposal.

3. Isham Parish Council - objection comment - concerns over the first floor windows overlooking the adjacent property and unclear on the relationship to the village policy line.

4. BCW landscape officer - no objections subject to prior to the commencement of development on site a plan is to be agreed to ensure that the cedar tree is protected.

5. BCW environmental protection - whilst there has been no objection to the proposed development, a contaminated land condition has been suggested.

ASSESSMENT AND REASONED JUSTIFICATION Material planning considerations:

- conformity with the development plan - biodiversity - effect on landscape visual amenity - highway impacts - effect on the appearance of the open countryside - design, layout and the effect on the character and appearance of the surrounding area - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - crime and disorder

Policy 8 of the JCS and the SPD on 'sustainable design' requires new development to be of a high standard of design, respect and enhance the character of its surroundings, and not result in an unacceptable impact upon the amenities of neighbouring properties or wider area; by reason of noise, loss of light or overlooking. Paragraph 17 of the NPPF sets out the 12 core principles, one of which is to seek to secure high quality design and good standard of amenity for existing and future occupiers and paragraph 56 states that good design is a key aspect of sustainable development.

Policy 11 of the JCS states that development will be distributed to strengthen the network of settlement. The special mixed urban/rural character of North

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Northamptonshire with its distinctive and separate settlements will be maintained through the avoidance of coalescence. Priority will be given to the re-use of suitable previously developed land and buildings within settlements, then to other locations that are readily accessible by a choice of means of travel. Therefore policy 11 is consistent with the policies in the framework and should therefore be given weight in making a decision.

Policy 29 of the JCS sets out that new housing will be accommodated in line with the spatial strategy with a strong focus at the growth towns followed by market towns. Other than small scale infilling (policy 11) or the rural exceptions scheme (policy 13), levels of housing development in excess of the identified requirements for the named villages and rural areas will only be permitted where tested and supported through part 2 local plans or neighbourhood plans.

Policy 30 of the JCS refers to housing mix and tenure for development proposals and states that housing development should provide a mix of dwelling sizes and tenures in order to cater for current and forecast accommodation needs within North Northamptonshire. It also requires that the internal floor area of new dwellings must meet the 'national space standards' as a minimum to provide residents with adequate space for basic furnishings, storage and activities. New dwellings must also meet category 2 of the 'national accessibility standards' as a minimum to ensure that dwellings are accessible and adaptable.

In addition to the specific NNJCS requirements set out above, paragraph 66 of the NPPF states that 'applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably.'

The JCS at policy 4 - sets out policy requirements for the protection of biodiversity and geodiversity and seeks a net gain in biodiversity.

There is little impact to the biodiversity of the site and therefore the proposal is compatible with policy 4 of the JCS.

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There are no known tree preservation orders on the site. Whilst it has been accepted by BCW's landscape officer, she has stated that prior to the commencement of development on site, a plan is to be agreed to ensure that the cedar tree is protected in accordance with BS5837:2012.

Furthermore the plans have shown a group of existing conifers which are significant in height of some 3 metres or more to the site's northern boundary, which is considered to contribute to softening the proposal from nearby properties.

It is therefore considered that the proposed development is compliant with policy 3 of the JCS.

Whilst there has been no objection from Northamptonshire highways, they have however suggested the conditions and informatives be applied to this planning application, including visibility splays.

It is therefore considered that the proposed dwelling is compliant with policies 8 (b) (i) of the JCS.

Effect on the Appearance of the Open Countryside Policy 13 states new development may be permitted adjoining established settlements, beyond their existing built up area or defined boundary and that the proposals should satisfy all of the following criteria: a) the form and scale of the development should be clearly justified by evidence that it meets an identified need arising within a village network of villages through local needs survey; b) sites should be well-related to a settlement that offers services and employment to meet the day to day needs of occupants of the development; c) development should enable access to local services and facilities by foot, cycle, or public transport; d) the scale and nature of the development will not exceed identified needs and must be appropriate to the surroundings, minimise impacts on the environment and be supported by existing or new infrastructure; e) occupation of the development will be controlled through a legal agreement or conditions to ensure that it remains available and affordable in perpetuity to meet local needs.

Whilst it is accepted that the proposal is partially within the open countryside whereby the access drive is the only part of the proposal entering the open countryside, the bulk of the plot including the proposed dwellinghouse is within the village boundary and it will adjoin an established residential area in the immediate vicinity and as it stands the proposal would be well related to its immediate environs and would not look out character to the appearance of the vicinity or surrounding open countryside.

It is accepted that the original outline application (WP/2008/0409) was predominantly within the village policy line, with the south-western section in the open countryside, however the proposal as submitted then would have resulted in the loss of the prominent cedar tree.

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Notwithstanding the above, the applicant has stated that the total ground internal floor area is 104 sq.m, of which 21 sq.m is garage or storage. The first floor area is 93 sq.m. This makes a total gross floor area of 197 sq.m. In summary 176 sq.m habitable floor area plus 21sq.m garage or store which is considered compliant with policy 30 of the JCS in terms of national space standards.

On balance, it is therefore considered that the proposed development is compliant with policies 13 and 30 of the JCS.

Design, Layout and the Effect on the Character and Appearance of the Surrounding Area Policy 8 (d) of the JCS requires new development to create a local character by (i) responding the site's immediate and wider context and local character to create new streets, spaces and buildings which draw on the best of that local character without stifling innovation, (ii) responding to the local topography and the overall form, character and landscape setting of the settlement and (iii) the creative use of the public realm through the use of measures such incidental play spaces, bespoke street furniture and memorable features.

The proposal is located to the rear of no. 10 and will be orientated away from this property with the narrower outrigger facing this side of the property and the larger part of the dwelling facing the western boundary, however its scale is considered to be lesser than existing house by virtue of its height as it will read as a one and a half storey dwellinghouse. Furthermore proposal includes a single front and rear dormer, as well as a side dormer on its western flank looking out into the surrounding open countryside.

As the proposal involves subdivision of the site, the amenity space for the proposed dwelling will be located to its front and rear, whilst no.10 will continue to have a rear garden incorporating the cedar tree. It is considered that this comfortably meets the requirements of the required amenity for each dwelling.

However due to the nature of the finish of the existing property materials it is considered that the proposed property will be an attractive and quality house which will be an improvement on the existing property.

It is therefore considered that the proposed development is compliant with the principles set out in policy 8 (d) (i, ii and iii) of the JCS.

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It is considered that there will be little impact to the immediate neighbouring property in terms of loss of outlook, light or overlooking as the proposed new dwelling is essentially sub-dividing the plot from the existing property (no. 10 London Road). There will be a back-to-side relationship from the existing property to the new property which measures some 12.6 metres and no facing windows are planned in the proposal.

In terms of nearby properties in the vicinity, the nearest edge of no. 8 Wellingborough Road is some 24 metres away to the property boundary and it will be separated by a 1.8 metre close boarded fence, it is therefore considered that the proposed property is comfortably within the 21 metre back-to-back distance which is generally considered reasonable.

The positioning and layout has been designed so that that the new property does not impinge on the existing standard of amenity of the nearby residential occupiers. The dormer windows have been positioned to prevent overlooking of the neighbouring properties and will be frosted glazed to the rear in particular. Whilst is accepted the upper western flank is not indicated as frosted glazed, it is considered some standard of amenity and outlook is required for the occupiers of the proposed property and this issue would not justify refusing this planning application.

Moreover, it should be noted that the property is set back some 30 metres from highway at its nearest boundary, whilst it is accepted that waste and recycling storage/collection areas will be positioned outside the property boundary on the access way on collection days, this is not considered to be so injurious to the surrounding amenity to warrant a refusal.

On balance it is considered that the proposal does not harm the amenity of the neighbouring properties and is in accordance with policy 8 (e) (i) of the JCS.

Noise To ensure quality of life and safer and healthier communities the policy 8 (e) (ii) of the JCS states that new development should be prevented from contributing to or being adversely affected by unacceptable levels of noise.

Chapter 11 of the NPPF gives advice on how local planning authorities should prevent new development from being adversely affected by unacceptable levels of noise pollution. The NPPF further advises that decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development.

The PPG offers detailed advice on noise which was updated on 24 December 2014.

BCW's environmental protection service has not identified noise emanating from the development once constructed as an area of concern. It should also be noted that BCW's environmental protection service has powers to deal with any unacceptable noise the development may create as necessary under the provisions of the

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Environmental Protection Act 1990. This includes unacceptable noise caused by building works as necessary under the provisions of the Act and it has published a leaflet entitled 'considerate contractor advice note.'

It is therefore considered that the proposed development is compliant with policy 8 (e) (ii).

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

There are considered to be no pertinent crime or disorder issues associated with this application.

CONCLUSION The proposal is in conflict with the prevailing development plan, but recommended for approval nonetheless, due to the fact that the dwelling itself is not outside of the village policy line. As such this is considered to be a material consideration of sufficient weight to recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. This consent is based on amended drawings 01B, 02A, 03A, 04A, 05A, 06A, 07A, 08, 09 received 22 September 2016.

Reason: To ensure that the development is carried out in accordance with the approved plans.

3. Representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the local planning authority before the development is commenced.

Reason: In the interest of the visual amenity of the area in accordance with policy 8

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(d) (i) of the North Northamptonshire Joint Core Strategy.

4. Prior to the commencement of development on site a plan is to be agreed to ensure that the cedar tree is protected in accordance with BS5837:2012.

Reason: In the interests of landscape amenity in accordance with policy 3 and 8 (d) (ii) of the North Northamptonshire Joint Core Strategy.

5. A means of access into the site should be laid out as a shared private drive having a width of no less than 4.5m for a distance of 10m in rear of the highway boundary.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

6. The vehicular crossing must be constructed and all highway surfaces affected by the proposals reinstated in accordance with the specification of the Local Highway Authority.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

7. To prevent loose material being carried onto the public highway the driveway must be paved with a hard bound surface for a minimum of 5m in rear of the highway boundary.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

8. A positive means of drainage must be installed to ensure that surface water from the driveway does not discharge onto the highway.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

9. Pedestrian to vehicle visibility of 2.0m x 2.0m above a height of 0.6m must be provided and maintained on both sides of the vehicular access.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

10.A vehicle to vehicle visibility of 2m x 43m in the northerly direction towards Isham and 2m x 215m in the southerly direction away from the village must be provided and maintained on each side of the point of access.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the North Northamptonshire Joint Core Strategy.

11.Before construction site begins the developer shall undertake: 1. A preliminary risk assessment. Should the preliminary risk assessment identify the need for further investigation,

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2. A site investigation scheme to provide a detailed assessment of the risk to all receptors, including off site receptors. 3. A remediation proposals based on the results of the site investigation and risk assessment in 2. above giving full details of remediation required. The preliminary risk assessment, site investigation and remediation proposals shall be agreed with the local planning authority.

On completion of the remediation but before the site is first occupied the developer shall; 4. Provide a verification report to demonstrate the completion of the works set out in the agreed remediation proposals in 3. above. Reference shall be had to Environment Agency Guide CLR11 Model procedures for the management of land contamination available at https://www.gov.uk/government/publications/managing-land-contamination.

Reason: In order to safeguard the amenities of nearby occupiers in accordance with policy 8 (e) (i) of the North Northamptonshire Joint Core Strategy.

12.The development hereby approved shall be compliant with requirement M4(2) (accessible and adaptable dwellings) of the Building Regulations.

Reason: In order to comply with policy 30 (c) of the Joint Core Strategy.

4. Although the street frontage over which access is to be formed does not comprise highway maintainable at the public expense it is suggested that the vehicular crossing giving access to the proposed and existing dwelling should follow, as far as applicable, the normal standards of the Local Highway Authority.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Paul Bateman WP/16/00520/FUL

Date received Date valid Overall Expiry Ward 22 August 2016 26 August 2016 21 October 2016 Swanspool

Applicant Mr B & J Johal

Agent Martin Benke

Location 9 - 11 Oxford Street & Waterloo Yard Wellingborough Northamptonshire NN8 4HY

Proposal Construction of 9 no. flats and 1 no. retail unit following demolition of numbers 9 and 10 Oxford Street, Wellingborough together with associated works - additional information. Further additional information.

PLANNING HISTORY

WP/16/00520/FUL Determination pending. Construction of 9 no. flats and 1 no. retail unit following demolition of numbers 9 and 10 Oxford Street, Wellingborough together with associated works - additional information. Further additional information.

WU/1965/0144 Approved with conditions 15.09.1965 Wholesale paper store

WU/1967/0151 Approved with conditions 13.09.1967 Renewal - wholesale paper store WU/65/0144

BW/1982/0480 Refused 21.07.1982 Change of use from paper store to use of building for mechanical/body repairs to motor vehicles with ancillary office, storage and car parking

WP/1997/0395 Approved with conditions 29.01.1999 Proposed food store with associated car parking (at surface level and below sales area), servicing, together with demolition of nos. 6 and 7 Silver Street and erection of two retail units, Use Class A1

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WP/16/00520/FUL

ICT Services © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. This map is accurate Legend 1:1,250 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 ± GetMapping PLC 1999 WP/16/00520/FUL - 9-11 Oxford Street and Waterloo Yard, Wellingborough

and A2 off Silver Street, Wellingborough

WP/1999/0112 Approved with conditions 14.07.1999 Food store with associated car parking, servicing, ancillary office use together with retention/refurbishment of existing adjacent buildings to form retail A1/A2 units

Reason for Committee Consideration:

- This application is referred to the planning committee for determination because BCW owns part of the application site.

THE SITE AND SURROUNDINGS The application site is a long time vacant retail which is adjacent to the Morrisons supermarket and adjoins another vacant unit.

There is a vehicular access through to the rear of the site where there is an area of waste ground area which at the time of officer inspection was being used for car parking and informal storage of white electrical goods.

The rear of the premises is beginning to become overgrown and there was evidence of a degree of fly tipping. Growing towards the rear of the site are a number of mature trees.

The site is located in the Wellingborough Town Centre Conservation Area and the building has been identified as being of townscape merit.

APPLICATION BACKGROUND AND PROPOSAL The applicant has previously sought pre-application advice from the council which was generally supportive in principle.

The proposal seeks to gain permission for the demolition of nos. 9 and 10 Oxford Street and redevelop the site with nine flats and a retail unit on the ground floor. The proposed building has a two storey element on the street frontage with three storeys at the rear; parking is illustrated as being at the rear together with cycle and bin stores.

An amended layout plan illustrating 15 no. off-road car parking spaces was received on 17 October 2016.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 2 (historic environment)

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4 (biodiversity & geodiversity) 5 (water environment, resources and flood risk management) 6 (development on brownfield land and land affected by contamination) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 12 (town centres and town centre uses) 20 (Nene and Ise valleys) 26 (renewable energy) 28 (housing requirements and strategic opportunities) 29 (distribution of new homes) 30 (housing mix and tenure)

Borough of Wellingborough Local Plan (LP) Policy: G2 (flood protection)

Wellingborough Town Centre Area Action Plan Polices: WTC8 (commercial fringe area) WTC12 (Wellingborough Town Centre Conservation Area) and the supporting Wellingborough Town Centre Conservation Area Appraisal

Plan for the Borough of Wellingborough - Emerging Plan (PBW) Policies: TC1 (town centre boundary) TC2 (primary shopping area)

Supplementary Planning Documents/Guidance: Northamptonshire Minerals and Waste Development Framework: development and implementation principles

Sustainable Design Biodiversity Trees on Development Sites Upper Nene Valley Special Protection Area Planning Out Crime in Northamptonshire Parking Wellingborough Town Centre

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - suggests the applicant undertakes a local car parking survey and gives details on how the survey should be carried out. Based upon its recently adopted car parking standards, the company states that 20 off-road car parking spaces are required to serve the development.

2. NCC Archaeology - sets out a brief archaeological overview of the location of the site. There is the potential for remains of interest to be present on the site which the proposed development would have a detrimental impact. A condition is suggested which would require the submission for approval of a scheme of archaeological investigation.

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3. Anglian Water Services Ltd - suggest the imposition of a surface water drainage condition.

4. Environment Agency - the proposal falls outside of the scope of its consultation requirement.

5. BCW conservation officer - notes that the building although not listed is of townscape merit. The roof and gable wall of the building facing Morrisons are in reasonable condition and make a positive contribution to the street scene. The front elevation is poor and should have a traditional shop front. Retention of the building at the front is preferred, but no objection to redeveloping the rear as proposed. Re-using the existing roof covering is positive.

6. BCW environmental protection - requests the imposition of planning conditions relating to the following: - contaminated land - construction method statement - demolition impacts - noise from fixed plant and equipment

7. Natural England - identifies the site is within 3km of the Upper Nene Valley SPA and that mitigation measures are required.

8. Northamptonshire Police - has offered detailed crime prevention advice.

9. Northamptonshire Fire and Rescue - has made detailed fire safety precaution comments.

10. Adjoining land owner - objects to the application for the following reasons: - interference with private land rights - effect on security - inhibit the running of a business

11. Third party residents - the occupiers of 5 Arthur Street and 7 Weavers Road object to the application for the following reasons: - demolition of the historic building which should be renovated - the council should have restored he premises and improved the town

The occupier of 19 Doddington Road lodges the following comments: - support for the demolition - objection to the lack of car parking, but would support the scheme if adequate car parking provision brought about by a reduction in residential units.

12. The applicant has supplied comments on the consultation replies received from Northamptonshire Highways and the Police.

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan and material considerations - effect on the Wellingborough Town Centre Conservation Area

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- effect on archaeology - effect on the Upper Nene Valley Special Protections Area - effect on biodiversity - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - effect/impact on highway safety in relation to the proposed access arrangement and off-road car parking provision - contamination - drainage - crime and disorder - planning conditions.

The development proposal envisages the use of brownfield land within the town centre for residential and commercial re-development and, upon the face of it; the scheme could be considered to be in conformity with general development plan policies and is consistent with the provisions of the NPPF with regards to this type of development on such sites.

The town centre area action plan states that uses could include retail, non-residential institutions and assembly and leisure. It goes on to say that proposed uses should be compatible with the aforementioned uses and should not result in the loss of a mix of these uses predominating at ground floor/street level in any one of the commercial fringe areas.

The proposal must also be judged against the policies contained in the emerging Plan for the Borough of Wellingborough (PBW).

Policy TC1 defines the extent of the town centre. Policy TC2 identifies the main town centre uses together with its intentions for the primary and secondary shopping frontages.

There are four stages the emerging PBW must go through before it can be adopted by the council, these are:

- engagement - publication of the draft plan - submission of the plan to the secretary of state - independent examination of the plan.

Currently the PBW is at the engagement stage.

The NPPF at paragraph 216 advises that the council may give weight to policies in an emerging plan according to:

- the stage of preparation of the emerging plan, the more advanced the preparation,

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the greater the weight that may be given - the extent to which there are unresolved objections to relevant policies, the less significant the unresolved objections, the greater the weight that may be given) - the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF, the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given.

As a result of the early stage of the PBW should be accorded limited weight. The proposal does not impinge on the intentions of the emerging policies.

The application also falls to be considered in the light of all of the other more specific development plan policies and the NPPF guidance which are discussed below.

Effect on the Wellingborough Town Centre Conservation Area Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on a decision maker to pay special attention to the need to preserve and enhance the character or appearance of a conservation area.

Policy 2 of the JCS sets out the policy background for the protection, preservation and enhancement of the historic environment.

The salient part of policy WTC12 says that buildings, and their setting, which form part of the architectural and historic fabric of the town centre will be protected. Part (iv) of the policy authorizes the production of a conservation appraisal which has identified the current building on the site as being of townscape merit.

The comments of BCW's conservation officer and objectors to the redevelopment of the site are noted. However, the building has been vacant for some considerable time and it is suggested that the planning balancing exercise consists of two competing arguments. The first involves the conservation of a building of heritable value as it stands, versus the opportunity to develop the site in a manner which would have the public benefit of:

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providing a retail unit, boosting the housing supply in the borough and delivering a scheme which would have a design that would be appropriate to its conservation area location.

Taking these two matters into account, the identification of the building as being of townscape merit is noted as is the fact that it has been left vacant for a considerable period of time and it has clearly suffered as a consequence of it not being occupied and maintained. It is thought that in this instance sufficient weight should be accorded to the benefits associated with of the proposal to the borough of an increased housing supply that outweighs any harm that results in the development, and the desire to retain the building on a site which could remain vacant and deteriorate further. In addition, it is considered that the design and appearance of the scheme is acceptable and would not harm the visual amenity of the town centre conservation area.

In the circumstances, it is considered that it would be appropriate to recommend a condition which would require the submission for subsequent approval of the details of the end gable wall which faces Oxford Street in a south westerly direction to enable any developer time to assess the practicality of including the wall within the build.

With regards the NPPF, section 12 sets out government advice on conserving and enhancing the historic environment and in particular paragraph 128 advises that when determining an application which could affect a heritage asset with archaeological interest the council should, where appropriate, require developers to submit a field evaluation.

Noise To ensure quality of life and safer and healthier communities the JCS at policy 8 (e) 9 (ii) states that new development should be prevented from contributing to or being adversely affected by unacceptable levels of noise.

The PPG offers detailed advice on noise which was updated on 24 December 2014.

The comments of BCW's environmental protection service are noted and it is acknowledged that the flats would be located in a relatively noisy town centre environment. It is therefore considered that a sound condition should be imposed which would require the submission for approval of sound insulation measures to protect the future occupiers of the development from any untoward noise levels.

Notwithstanding the planning issues discussed above, it should be identified that BCW's environmental protection service has powers to deal with any unacceptable noise the

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residents of the development may suffer as necessary under the provisions of the Environmental Protection Act 1990. In addition, the service has powers to deal with any unacceptable noise caused by building works as necessary under the provisions of the act and it has published a leaflet entitled 'considerate contractor advice note.'

A 'ramsar' site is a wetland of international importance designated under the convention of wetlands of international importance especially as waterfowl habitat. It is known as the 'Ramsar Convention' after the Iranian city where it was drawn up and adopted in 1971. The SPA and Ramsar site boundaries for the Upper Nene Valley Gravel Pits are identical, although the qualifying features are slightly different. References to the SPA should therefore be interpreted as including the ramsar site.

The Upper Nene Valley Gravel Pits Special Protection Area (SPA)/Ramsar site is legally protected by the Conservation of Habitats and Species Regulations 2010 (the 'Habitats Regulations').

A Habitat Regulations Assessment to identify the likely effects of the proposed development on the SPA has been undertaken by the council. It is considered that a planning decision on the merits of the proposed development can now be taken because a mitigation payment of £269.44 has been made under section 111 of the Local Government Act 1972.

The applicant has paid monies to pay for mitigating measures in the SPA which is considered to be necessary and appropriate.

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The JCS policy 4 - protects biodiversity and geodiversity, and seeks a net gain in biodiversity.

Notwithstanding the effects on the SPA discussed above, it is considered that there are no other matters of biodiversity importance to examine.

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development The JCS at policy 8 (e) (i) relates to the protection of amenity of neighbouring occupiers.

The development would not adversely affect the amenities of any nearby neighbours to any significant degree. In addition, it is believed the future occupiers of the development would enjoy an adequate standard of amenity.

Effect/Impact on Highway Safety in Relation to the Proposed Access Arrangement and Parking Provision The JCS policy 8 (place shaping principles) gives a number of requirements that new development should achieve with regards to highway, pedestrian and other sustainable transport matters.

The NPPF at chapter four sets out government views and how transport policies and decisions should play a part in promoting sustainable development and health objectives.

With regards to the NPPF and sustainable transport, the document intimates that local parking standards for residential development should take into account, amongst other things, the: - accessibility of the development - type, mix and use - availability of and opportunities for public transport

It can be seen from the above the government promotes a flexible approach to the provision of off-road car parking provision based on the individual circumstances of the application, depending on location and access to a range of sustainable transport modes.

The comments of Northamptonshire Highways are acknowledged and it is noted that its recently adopted car parking standards at chapter three sets out the background behind the adopted standards. The document goes on to say that applications for new build flats, mixed use developments and conversion of floor space above existing residential buildings will be treated on their own merits based upon the local character and information in this guidance. Minimum standards for the number of parking spaces

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required for new dwellings are set out in chapter 9 which has resulted in the number of off-street car parking spaces suggested by the company.

Although the company has mentioned the need for 20 off-road car parking spaces it would seem there is a degree of flexibility in its standard to allow for a lesser car parking provision. The scheme is for flats in a town centre location close to all the facilities and transport links which it has to offer. In addition, car parking flexibility is encouraged by the NPPF and therefore it is considered that the proposed 15 off-road car parking provision is acceptable. However, a condition is recommenced to ensure the car parking spaces which are proposed are available for the residents before the development is first occupied.

The NPPF at chapter 11 sets out policies on development involving contaminated land. The PPG also offers detailed government advice on this topic.

The advice of BCW's environmental protection service can be taken forward by way of an appropriate condition.

Drainage The JCS at policy 5 sets out a raft of sub policies aimed at preventing or reducing flood risk.

The NPPF at chapter 10 sets out government views on how the planning system should take into account the risks caused by flooding. The PPG under the chapter titled 'flood risk and climate change' gives detailed advice on how planning can take account of the risks associated with flooding in the application process.

Saved local plan policy G2 lists criteria to ensure that development is not at an unacceptable risk from flooding and would not result in an increase in the risk of flooding elsewhere.

The views of Anglian Water Ltd can be accommodated by an appropriately worded condition.

Crime and Disorder Section 17 of the Crime and Disorder Act 1998 details the need for the council to do all that it reasonably can to prevent, crime and disorder in its area.

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The comments of the police and the applicant are noted. It is thought the way forward would be for any potential developer to submit the intended crime prevention measures to be incorporated into the building so that they can be evaluated by the council in conjunction with contemporary police advice.

- specific controls outside planning legislation may provide an alternative means of managing certain matters (for example, works on public highways often require highways' consent)

- conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning

The council's environmental protection service has requested the imposition of a number of conditions. However, it is considered that the issues it has identified can be controlled through its own powers vested through laws other than planning.

OTHER ISSUES The fire safety comments made by the fire and rescue service are regulated by the building regulations.

CONCLUSION The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to promoting sustainable development, raising design standards, conserving the environment and highway safety etc. In the absence of any material considerations of sufficient weight, it is recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

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2. The development shall be carried out in accord with the following plan numbers: 0252/11A, 0252/12, 0252/13, 0252/14 sheets 1 - 3, 0252/15A, 14740-MBS-1-A, 14740-TOPO-1-A, location plan.

Reason: To ensure that the development is carried out in accordance with the approved plans.

3. Before construction of the building commences, representative samples of the intended exterior facing materials shall be submitted to the local planning authority for approval in writing. The development shall be carried out in accord with the approved details.

Reason: In the interests of protecting the appearance of the Wellingborough Town Centre Conservation Area in accordance with policy 8 of the North Northamptonshire Joint Core Strategy and policy WTC12 of the Wellingborough Town Centre Area Action Plan.

4. Before construction of the building commences, details of the intended crime prevention measures to be included into the development shall be submitted to the local planning authority for approval in writing. The development shall be carried out incorporating the approved measures and evidence that the measures have been included into the development shall be submitted to the local planning authority before the development is first occupied.

Reason: In the interests of preventing crime in accordance with policy 8 of the North Northamptonshire Joint Core Strategy.

5. Before construction of the building commences an Environmental Risk Assessment which shall contain details of any necessary contamination remediation works shall be submitted to the local planning authority for approval in writing. Any identified remediation works shall be implemented before the dwelling is first occupied. Proof of the remediation shall be submitted to the local planning authority for approval in writing before the dwelling is first occupied.

Reason: To prevent harm to the environment in accordance with policy 6 of the North Northamptonshire Joint Core Strategy.

6. Before construction of the building commences a written scheme of investigation shall be submitted to the local planning authority for approval in writing to secure the implementation of a programme of archaeological work. The approved programme of works shall be completed before development commences and evidence of the completion of the works shall be submitted to the local planning authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded, in accordance with North Northamptonshire Joint Core Strategy policy 2 (d) and NPPF paragraph 141.

7. Before construction of the building commences details of the intended noise prevention measures to be included into the development shall be submitted to the local planning authority for approval in writing. The development shall be carried out incorporating the approved measures and evidence that the measures have been

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included into the development shall be submitted to the local planning authority before the development is first occupied.

Reason: In the interests of mitigating the effects of noise on the residential occupiers of the development in accordance with policy 8 of the North Northamptonshire Joint Core Strategy.

8. Before construction of the building commences a surface water management strategy shall be submitted to the local planning authority for approval in writing. The development shall thereafter be carried out in accordance with the approved drainage details.

Reason: To prevent environmental and amenity problems arising from flooding in accord with policy 5 of the North Northamptonshire Joint Core Strategy and policy G2 of the Borough of Wellingborough Local Plan.

9. Before the development is first occupied the car parking spaces illustrated on plan number 0252/15A shall be constructed and made available for the use of the residents of the development and the spaces shall be retained solely for their use thereafter.

Reason: In the interests of achieving and maintaining an acceptable level of off-road car parking provision in accordance with policy 8 of the North Northamptonshire Joint Core Strategy.

3. It should be noted that this permission does not relate to the installation of a new shop front which would need a separate planning application being made.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Mr Bob Mason WP/16/00565/OUT

Date received Date valid Overall Expiry Ward Parish 14 Sept 2016 20 Sept 2016 15 Nov 2016 Wollaston Wollaston

Applicant Mr Dennis Evans

Agent Mr Garry Mines

Location 37 Windmill Close Wollaston Wellingborough Northamptonshire NN29 7SE

Proposal Outline application with all matters reserved for one single storey dwelling

PLANNING HISTORY

WP/15/00169/FUL Approved with conditions 03.06.2015 Part demolition and alterations to existing single storey dwelling

WP/15/00173/FUL Refused 03.06.2015 Erection of one new single storey dwelling

WP/15/00174/OUT Refused 03.06.2015 Outline application with all matters reserved for the erection of one single storey dwelling

WP/16/00565/OUT Determination pending. Outline application with all matters reserved for one single storey dwelling

BW/1976/0552 Approved with conditions 06.09.1976 Proposed extension to rear of bungalow to form sun lounge

WR/1962/0141 Approved 26.10.1962 Bungalow and garage

WR/1952/0101 Approved with conditions 09.11.1953 Housing site

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WP/16/00565/OUT

Reason(s) for Committee Consideration:

- The parish council have raised objection to the proposal; - The application has attracted more than 3 objections.

THE SITE AND SURROUNDINGS The application site is part of the side and rear garden area of a bungalow which is located within the built up area of the village. The site is situated at the end of a cul-de- sac and with access off the turning head at the end of the road. The garden is generally at a lower level than the road and there is a large sycamore tree growing in the eastern boundary of the site. On the north-eastern side of the application site there are rear accesses into 18 and 20 Hookhams Path. This part of Windmill Close is characterised as an area of bungalows.

APPLICATION PROPOSAL AND BACKGROUND This is an outline application with all matters reserved for subsequent approval. The application forms state that it is for the construction of one single storey dwelling. The indicative plan shows a single storey 2 bed dwelling measuring 59 square metres with a 1.2m fence separating the proposed driveway from the front garden of no. 37 and a 1.8m screen fence between the respective gardens. The proposed driveway would have sufficient parking for 2 cars, and the existing fencing/hedge along the boundary with 20 Hookhams Path would be retained.

The applicant has submitted a plan indicating that an additional house plot was always envisaged for this site.

The Special Protection Area fee has been paid towards the mitigation of the effect of the proposed development on the Nene Valley area of ecological importance, as set out in JCS policy 4.

An identical outline planning application (WP/15/00174/OUT) to the present one under consideration was refused by committee on 3rd June 2015.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 4 (biodiversity & geodiversity) 6 (development on brownfield land and land affected by contamination) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 20 (Nene and Ise valleys) 30 (internal and accessibility space standards)

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Borough of Wellingborough Local Plan (LP) Policies: G4 (development within the limited development and restricted infill villages)

Plan for the Borough of Wellingborough - Emerging Plan (PBW) Policies SS1 (villages)

Supplementary Planning Documents/Guidance: Biodiversity Upper Nene Valley Special Protection Area Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. Northamptonshire Highways - raises no objection but makes reference to its standing advice with specific reference to the following issues: - pedestrian to vehicle visibility, access hard surfacing, surface water drainage and street furniture.

2. NCC Archaeology - no objection.

3. BCW environmental protection - commented that the site may have been subjected to use in the past including contaminative activities so that before construction work begins, the developer shall undertake a preliminary risk assessment, a site investigation scheme, remediation proposals and provide a verification report as necessary.

An hours of operation during construction work informative should be attached to any permission granted stating the following:

'There shall be no demolition/construction/building works carried out on the site except between the hours of 0800 and 1800 on Mondays to Fridays and between 0800 and 1300 on Saturdays without the prior written approval of the local planning authority.'

4. Wollaston Parish Council - objection to the detrimental effect on the neighbouring properties due to the overdevelopment of the site, and highway concerns regarding the additional access into the cul-de-sac.

5. Third party representations - objections have been received from the occupiers of 30 Hookhams Path; and 34, 35 and 36 Windmill Close giving the following reasons for opposing the application: - overdevelopment and loss of village quality from too much infill development - additional traffic and car parking in a small cul-de-sac including problems for utility and emergency vehicles and construction traffic - too many accesses into the cul de sac to the detriment of highway safety - a previous refusal of planning permission

ASSESSMENT AND REASONED JUSTIFICATION The proposal raises the following main issues:

- conformity with the development plan and material considerations

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- design, layout and the effect on the character and appearance of the surrounding area - effect on biodiversity - effect on the Upper Nene Valley Special Protection Area - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - effect/impact on highway safety in relation to the proposed access arrangement and parking provision - contamination - planning history - planning conditions

The proposed dwelling is located within the built up area of the settlement and therefore the application complies in principle with the development plan subject to the following material considerations:

The indicative plans which accompany the application depict a building with a modest footprint and which is annotated 'proposed single storey dwelling.' The plans also illustrate how the building could be set back from the highway by an appropriate distance and have adequate spacing around both it and the adjacent bungalow.

Given that the bungalow would be located at the end of the cul-de-sac and set back from the highway its presence would have a relatively minimal effect on the street scene. It is considered therefore that the proposed scheme would not look out of place or have a detrimental impact on the character and appearance of the area. A condition can be imposed on the permission stipulating the requirement for a single storey dwelling only.

Accordingly, it is considered that the application complies with JCS policy 8 (d).

Effect on Biodiversity JCS policy 4 - protects biodiversity and geodiversity and seeks a net gain in biodiversity.

The large mature sycamore tree on eastern boundary is well away from proposed dwelling on the indicative plan, and it is considered that no objection should be raised regarding this aspect.

Hence the application complies with JCS policy 8 (e) (iii) in this regard.

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Effect on the Upper Nene Valley Special Protections Area The Upper Nene Valley Gravel Pits Special Protection Area/Ramsar site was formally classified by the UK government in 2011. Policy 4 of the JCS relating to biodiversity and geodiversity requires development that is likely to have an adverse effect on the special protection area must satisfy the requirements of the Habitat Regulations and mitigate its impact within 3km of the SPA.

A Habitat Regulations Assessment to identify the likely effects of the proposed development on the SPA has been undertaken. It is considered that a planning decision on the merits of the proposed development can now be taken because a mitigation payment of £269.44 has been made under section 111 of the Local Government Act 1972, thereby satisfying habitat regulation and planning policy requirements in relation to this issue.

Hence there is no objection on ecological grounds and the application complies with JCS policy 8 (e) (iii).

Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development JCS policy 8 (e) (i) relates to the protection of amenity of neighbouring occupiers.

It is accepted that the new dwelling will have some effect on the standard of amenity which is currently enjoyed by the surrounding residential occupiers. However, it is considered that the effects will not be so significant or serous to warrant recommending refusal in that such a modest bungalow will result in nearby neighbours still being able to appreciate an adequate standard of amenity with regards to privacy, light reception and physical impact of the proposed building.

A condition can be attached requiring screen fencing to be erected where required prior to the occupation of the proposed dwelling. It is also suggested that the permitted development rights for extensions to the bungalow be withdrawn to maintain these standards for adjacent residential occupiers.

As suggested by BCW environmental protection, due to the relatively confined nature of the site and the access an informative can be attached asking the contractor to limit the hours of construction in order to reduce the impact on neighbours' amenity, together with a request to promote liaison between the contractor and neighbours during construction.

Hence the application complies with JCS policy 8 (e) (i) in this regard.

Policy 30 of the JCS seeks to ensure that the internal floor area of new dwellings must meet the 'national space standards' as a minimum to provide residents with adequate space for basic furnishings, storage and activities. New dwellings must also meet category 2 of the 'national accessibility standards' as a minimum to ensure that they are accessible and adaptable. With regards to the current scheme, the internal floor area of the house is to be 59.4 square metres, whereas the minimum national standard for a

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single storey 2 bed dwelling to accommodate at least 3 persons is 61 square metres. Given that the application is in outline form at this stage, whilst the internal floor area is marginally below the minimum standard, it is considered that the appropriate standard could be achieved by the imposition of a condition. Similarly, the requirements for national accessibility standards can be achieved in the same way.

The indicative plan shows a driveway with room for 2 parking spaces and appropriate pedestrian visibility splays. It is also noted that the proposed driveway would slope up towards the highway so that surface water would not drain onto the highway.

No objection was raised by Northamptonshire highways to the scheme and therefore it is considered that the application complies with JCS policy 8 (b) (i).

BCW environmental protection raise no objection subject to attaching a suitable condition regarding ground investigation. It is considered therefore that the application complies with JCS policy 8 (e) (ii).

Planning History The previous application on the site in question (WP/15/00174/OUT) for a single storey dwelling was refused on 3rd June 2015. This was refused due to overdevelopment, siting, scale and effects on amenity. Whilst the current planning application is virtually identical to the previously refused scheme since that decision a material consideration is a recent appeal decision relating to a refusal on similar grounds for 8 Hookhams Path (WP/14/00714/FUL) for an annex in the rear garden with access from Windmill Close was allowed on 3rd August 2015. This is in close proximity to the application premises as it is in the rear garden.

The Planning Inspector's report states the following in regard to the issue of overdevelopment:

'Whilst the appeal scheme would be visible from Windmill Close, in view of the narrow frontage and set back from 36 Windmill Close, it would be inconspicuous. The annex would be a modest single-storey building with a front gable, a feature which is prevalent in the surrounding area. The submitted plans show that the building would be set approximately 0.6 metres from the boundary fence with 36 Windmill Close and 1.7 metres from the boundary with 20 Hookhams Path. These distances are comparable to 36 Windmill Close, which I note was constructed on land that was once the rear garden of 16 Hookhams Path, as well as other properties in the cul-de sac.

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Based on the above considerations, I do not find that the proposal would constitute overdevelopment, appear cramped or unduly harm the character and appearance of the area. It would therefore be consistent with criterion (h) of Policy 13 of the North Northamptonshire Core Spatial Strategy 2008 (CS) which stipulates that development should be of a high standard of design which respect or enhances the character of its surroundings.'

Regarding the impact on neighbours' amenity the Planning Inspector stated the following:

'Due to the differences in levels, the annex would be set down at a lower level than No 36. The boundary between the two is currently delineated by a boarded wooded fence approximately 1.8 metres in height. The only window in the side elevation of No 36 is an obscure glazed window which is approximately 1 metre from the boundary fence. Whilst there might be some loss of light to this window, I consider it would be marginal. I am also mindful that the window serves a non-habitable room and therefore this would not be a sufficient reason to dismiss the appeal. Evidence submitted with the application, demonstrates that any overshadowing of No 36 and its garden would be minimal.

With regards to overlooking, there would be no windows in the side elevation facing No 36. The windows in the front and rear elevations would have no effect on adjacent properties given the height of the boundary fence. There is no evidence to suggest the proposal would give rise to unacceptable levels of noise, vibration, smell, light or other pollution.

Consequently I therefore conclude that there would be no unacceptable impact on the living conditions of the occupiers of neighbouring dwellings and as such, the proposal would accord with the relevant sections of CS Policy 13.'

It is considered that these points are also very relevant to the current application.

Therefore it is considered that the policy context and site circumstances in relation to the present application, together with the history it is recommended that the application is approved.

Planning Conditions Paragraph 206 of the NPPF states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. In addition to the above, the PPG re-iterates the advice on the use of planning conditions.

It is considered that the stated conditions meet with the above tests.

CONCLUSION The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to promoting sustainable development, raising design standards, conserving the environment etc. In the absence of any material considerations of sufficient weight, it is recommended that the proposal be approved subject to conditions.

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RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must 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 two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

2. Prior to the construction of the dwelling, detailed plans, drawings and particulars of the siting, design, drainage and external appearance of the proposed development and the means of access thereto, together with landscaping and screen walls/fences shall be submitted to and approved by the local planning authority and the development shall be carried out in accordance therewith.

Reason: To secure satisfactorily planned development.

3. Prior to the construction of the dwelling the following information should be submitted to and approved in writing by the local planning authority: 1. A preliminary risk assessment which may identify the need for further investigation, 2. A site investigation scheme to provide a detailed assessment of the risk to all receptors, including off site receptors. 3. A remediation proposal based on the results of the site investigation and risk assessment in 2 above giving full details of the remediation required. The preliminary risk assessment, site investigation and remediation proposals shall be agreed with the local planning authority on completion of the remediation. 4. Before the site is first occupied the developer shall provide a verification report to demonstrate the completion of the works set out in the agreed remediation proposals in 3 above. Reference shall be had to Environment Agency Guide CLR11 Model procedures for the management of land contamination available at https://www.gov.uk/government/publications/managing-land-contamination.

Reason: In order to safeguard the amenities of nearby occupiers in accordance with Joint Core Strategy policy 8 (e) (ii).

4. The hereby approved dwelling shall be single storey only.

Reason: In the interests of protecting the character and appearance of the area and to protect the amenities of the surrounding residential occupiers in accordance with Joint Core Strategy policy 8 (e) (i).

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5. Before the development is first occupied the first 5m of the access in the rear of the public highway shall be paved with a hard bound surface.

Reason: To prevent loose material being carried onto the public highway in the interests of highway safety in accordance with Joint Core Strategy policy 8 (b) (ii).

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order) (with or without modification), the hereby approved dwelling shall not be extended without the express planning permission of the local planning authority.

Reason: To protect the standard of amenity of the occupiers of the adjacent dwellings in accordance with Joint Core Strategy policy 8 (e) (i).

7. A scheme for screen fencing/walling shall be agreed with the local planning authority before the start of construction. The submitted scheme shall be approved in writing and implemented to the satisfaction of the local planning authority before the proposed dwelling is occupied.

Reason: In the interests of amenity and privacy in accordance with Joint Core Strategy policy 8 (e) (i).

8. The development hereby approved shall be compliant with the 'Technical housing standards - nationally described space standard' dated March 2015, by the Department of Communities and Local Government.

Reason: In order to comply with policy 30 (b) of the Joint Core Strategy

9. The development hereby approved shall be compliant with category 2 of part M (2) (accessible and adaptable dwellings) of the Building Regulations.

Reason: In order to comply with policy 30 (c) of the Joint Core Strategy.

2. There shall be no demolition/construction/building works carried out on the site except between the hours of 0800 and 1800 on Mondays to Fridays and between 0800 and 1300 on Saturdays without the prior written approval of the Local Planning Authority.

Reason: In order to safeguard the amenities of nearby occupiers in accordance with Joint Core Strategy policy 8 (e) (i).

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3. Prior to the commencement of any site works, all occupiers of potentially sensitive properties surrounding the site should be notified in writing of the nature and duration of works to be undertaken, and the name and address of a responsible person, to whom enquiries/complaints should be directed.

4. The 'Technical housing standards - nationally described space standard' dated March 2015, by the Department of Communities and Local Government can be found in the link below:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/52453 1/160519_Nationally_Described_Space_Standard____Final_Web_version.pdf

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

Report of the Head of Planning and Local Development

Case Officer Mr Omar Sharif WP/16/00575/FUL

Date received Date valid Overall Expiry Ward Parish 21 Sept 2016 21 Sept 2016 16 Nov 2016 Wollaston Wollaston

Applicant Mr M Varley

Agent Mrs Dawn Brodie

Location Land At Poplars Farm 80 Shepherds Hill Wollaston Wellingborough Northamptonshire NN29 7PG

Proposal Construction and improvement of existing farm track and construction of new access onto A509 with associated highways works

PLANNING HISTORY

WP/15/00818/FUL Refused 15.03.2016 The upgrading of 277.8metres in length of the existing Byway open to all traffic that is contiguous with Shepherds Hill, Wollaston and a new private drive approximately 339m that connects the byway to Poplars Farm

WP/16/00575/FUL Determination pending. Construction and improvement of existing farm track and construction of new access onto A509 with associated highways works

BW/1974/0424 Approved with conditions 18.09.1974 Proposed grain store building

WR/1969/0097 Permitted development 26.06.1969 Conversion of existing stabling into garage and farm workshop

WR/1963/0085 Approved 10.05.1963 Disused barn to childrens playground

WP/1999/0106 01.01.1999 Removal of hedge

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WP/16/00575/FUL

ICT Services © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. This map is accurate Legend 1:10,000 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 ± GetMapping PLC 1999 WP/16/00575/FUL - Land at Poplars Farm, 80 Shepherds Hill, Wollaston

BW/1989/0491 Approved 08.06.1989 The erection of an 11kV overhead line and pole mounted transformer to be supported on wooden poles.

WP/2007/0101 Agreed with conditions 04.04.2007 11,000 volt overhead line rebuild.

WP/2001/0016 Refused 22.02.2001 Removal of hedge

Reason(s) for Committee Consideration:

The application is a resubmission of an application determined at committee.

THE SITE AND SURROUNDINGS The village of Wollaston is located east of the A509 about 4.0 miles south of Wellingborough.

Poplars farm lies a further mile south east between the byway open to all traffic (B.O.A.T.) to the north and the A509 to the west.

APPLICATION PROPOSAL AND BACKGROUND The proposal relates to the provision of a new access to enable the transport of grain to and from the existing grain storage facility at Poplars Farm Wollaston. The land at Poplars Farm will now be farmed in conjunction with the land at Greenfield Lodge Farm. The existing access from Poplars Farm exits to the north of the farm on to Shepherds Hill. A restrictive covenant is placed on this access which notes that only farm vehicles servicing Poplars Farm itself can be transported along the existing access drive. Greenfield Lodge Farmhouse has been sold separately to the land and the access which formerly served the farm and land is now reserved for residential use only.

A previous planning application was submitted to the borough council to seek an alternate access to the site enabling grain lorries to utilise the shortest route to the public highway. This application was considered under reference 15/00818/FUL and proposed a new access point connected to the Byway Open to All Traffic (BOAT) for which a series of upgrading works were proposed. The proposal was refused planning permission at committee for the following reasons:

1. The proposal, by way of introducing a significant urbanising highway feature into this rural location, would have a demonstrably harmful effect on the visual amenity and character and appearance of the open countryside contrary to policy 13 (h) of the North Northamptonshire Core Spatial Strategy and emerging policy 3 (a) and (b) of the North Northamptonshire Joint Core Strategy - Main Modification to the submitted plan.

2. The proposal would result in additional traffic using Shepherds Hill which is restricted in width and would not allow for additional HGV movements to satisfactorily achieve passing manoeuvres along its length. The inability for HGV's to pass each other is contrary to policy 13 (n) of the North Northamptonshire Core Spatial Strategy which

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requires the proposal not to have an adverse impact on the highway network and emerging policy 24 (f) of the North Northamptonshire Joint Core Strategy - Main modification which requires the proposal to provide sufficient infrastructure to mitigate for impact on the highway.

Planning permission is therefore sought for the construction and improvement of an existing farm track and construction of new access onto the A509 with associated highway works at Poplars Farm, 80 Shepherds Hill, Wollaston, NN29 7PG.

The application hereby submitted comprises three parts:

1. Works to the existing tracks Existing tracks currently run between Poplars Farm and Greenfield Lodge Farm (as detailed in the design and access statement) and they are constructed of compacted hardcore. The works to the existing tracks involve some widening to create passing places and works to some corners to enable suitable tracking of farm vehicles. It is acknowledged that the works to upgrade and alter the existing tracks which run between Poplars Farm and Greenfield Lodge Farm would constitute permitted development. Under Class A of Part 6 of the Town and County Planning (General Permitted Development) Order 1995 (as amended), works involving any excavation or engineering operation are permitted subject to a series of criteria. Of the criteria only clause h) is relevant and it is confirmed that the proposed upgraded tracks are not within 25 metres of a metalled road. As noted above by the applicant, the need to farm the area of land as part of a single holding and being able to gain access to the highway for the onward movement of grain is sufficient to demonstrate the agricultural need for this proposal.

2. Provision of new tracks The works for the new tracks involves the construction of a new track and will connect the existing track to the new access onto the A509. The new track will extend in a westerly direction for a distance of approximately 770 metres. As with the works to the existing track, these works are considered to be permitted development. Under Class A of the Town and Country Planning (General Permitted Development) Order 1995 as they are not within 25 metres of a metalled highway. The proposed new access will be constructed of compacted hardcore to match the existing tracks.

3. New access The new access to the A509 and the associated works to connect to the proposed track involve the creation of a two way access point. As part of the access, the applicant has stated that visibility splays will be provided which enable sufficient forward vision on exit from the junction in accordance with the highway guidelines. Additionally, the works will be accompanied by an amendment to the existing road layout to enable a right hand turn filter lane. The applicants have stated that the new access will be constructed of tarmac and constructed to highway standards.

The grain facility which currently exists at Poplars farm has sufficient capacity to serve the wider land which formerly related to Greenfield Lodge Farm also. However, any grain which is stored at the site which has been received from land not originally part of Poplars Farm cannot be transported out of the site using the Poplars Farm access due to the restrictive covenant.

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As noted above, the applicant has stated that the need to farm the area of land as part of a single holding and being able to gain access to the highway for the onward movement of grain is the justification to demonstrate the agricultural need for this proposal.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) 1 (presumption in favour of sustainable development) 5 (water environment, resources and flood risk management) 11 (network of urban and rural areas) 13 (rural exceptions) 22 (delivering economic prosperity) 23 (distribution of new jobs) 24 (logistics) 25 (rural economic development and diversification)

Borough of Wellingborough Local Plan (LP) Policies: G2 (flood protection) G4 (development within the limited development and restricted infill villages)

Supplementary Planning Documents/Guidance: Planning Out Crime Biodiversity Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. NCC Highways - the highways officer has no formal objection to the application and recommends the highway standards and planning conditions set out in the NCC document 'highway authority standing advice', as applicable. Furthermore they go on to state that the highway works will be carried out in subject to a Section 278 agreement and they must apply prior to the commencement of any works within the highway.

2. Environment Agency - no objections to this application.

3. NCC Archaeology - have no objections but have stated that a condition be applied to this application due to the fact that the site is near a rare type of site known as a banjo enclosure.

4. Wollaston Parish Council - no objections to this application.

5. Councillor Simmons - no objections.

6. BCW landscape officer - the landscape officer has stated that it to be reasonable to request some new hedge and tree planting around the reconfigured access.

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ASSESSMENT AND REASONED JUSTIFICATION Material planning considerations:

- conformity with the development plan - effect of archaeology - biodiversity - effect on landscape visual amenity - flood risk - highway impacts - effect on the appearance of the open countryside - effect/impact on the living conditions of the neighbouring occupiers and the future occupiers of the development - crime and disorder

Conformity with the Development Plan Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states that "If regard is to be had to the development plan for the purposes of any determination to be made under the Planning Acts, the determination must be made in accordance with the development plan unless material considerations indicate otherwise."

The NPPF sets out the government's planning policy for England and paragraph 17 sets out the twelve core principles which seeks to proactively drive and support sustainable economic development and good standard of amenity for existing and future occupiers, paragraphs 18 - 22 is specific to building a strong, competitive economy where it states that the government are committed to securing economic growth (paragraph 18) and paragraphs 29, 30, 34, 35 seeks to encourage economic development in sustainable locations.

The policies set out above are also consistent with the JCS particularly policies 22, 23, 24 and 25 which seek to safeguard existing employment uses and provide for a diverse economy including rural economic diversification.

Policy 13 of the JCS states newly built development may be permitted adjoining established settlements, beyond their built up area or defined boundary. In this regard, the application as submitted involves the improvement of the access track and would not result in new development related to housing.

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that can demonstrate this in developing the design of the new development should be looked on more favourably.'

An examination as to whether the proposed development conforms to the more specific policies of the JCS is set out below.

With regards the NPPF, section 12 sets government advice on conserving and enhancing the historic environment and in particular paragraph 128 advises that when determining an application which could affect a heritage asset with archaeological interest the council should require developers to submit a field evaluation.

The application site lies to the south of Wollaston and on the east side of the A509. The proposed stretch of new track, the southern end of the route joining the A509, passes two known archaeological sites identified from cropmarks but not excavated. To the south of Greenfield Lodge is a probable Romano-British settlement and field system, and west of that, close to the A509, is a prehistoric settlement including a comparatively rare type of site known as a banjo enclosure. The proposed track would be likely to have an impact on both of these sites, however it is considered that this can be suitably conditioned by monitoring groundworks and the investigation and recording of any remains found.

It is therefore considered that the proposed development would be compliant with policy 2 (d) subject to the imposition of the condition discussed.

Effect on Biodiversity The NPPF at chapter 11 'conserving and enhancing the natural environment' sets out government views on minimising impacts on biodiversity, providing net gains where possible and contributing to halt the overall decline in biodiversity.

Policy 4 of the JCS states that a net gain in biodiversity will be sought and features of geological interest will be protected and enhanced through refusing development proposals where significant harm to an asset cannot be avoided, mitigated, or, as a last resort compensated. The policy goes on to state, whilst not exhaustive, the protection of key assets, protecting the natural environment from adverse effects such as noise etc, contribute to alternative green infrastructure, ensuring habitats are managed well.

The above policy is dovetailed by policy 8 (e) (iii) whereby it states to incorporate ecologically sensitive design and features for biodiversity to deliver 'biodiversity by design'.

There are considered to be no pertinent impacts to the biodiversity of the site.

It is therefore considered that the scheme complies with policy 4 and 8 (e) (iii) of the JCS.

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Effect on Landscape Visual Amenity: Policy 3 of the JCS states that development should be located and designed in a way that is sensitive to its landscape setting, retaining and, where possible, enhancing the distinctive qualities of the landscape character area in which it would be situated or viewed from.

The proposed access point will involve the removal of a section of hedgerow. In places there may also need to be some cutting back of the hedgerow to allow clear vision in both directions however it has been stated by the applicants that due to the relatively wide verge and straight nature of the road ensure that the level of hedgerow to be removed can be kept to a minimum.

The landscape officer has commented on the scheme and has stated that it would be beneficial for the scheme to have new hedge and tree planting around the reconfigured access to help soften up the proposal into its surroundings.

It is therefore considered that the proposed development is compliant with policy 3 of the JCS.

Flood Risk JCS policy 5 sets out a raft of sub policies aimed at preventing or reducing flood risk.

The NPPF at chapter 10 sets out government views on how the planning system should take into account the risks caused by flooding. The planning practice guidance under the chapter titled 'flood risk and climate change' gives detailed advice on how planning can take account of the risks associated with flooding in the application process.

Saved local plan policy G2 lists criteria to ensure that development is not at an unacceptable risk from flooding and would not result in an increase in the risk of flooding elsewhere.

The Environment Agency has not raised an objection and furthermore the site is not known to be within a zone of risk in terms of flooding, therefore considered that the proposed development is compliant with policy 5 of the JCS and policy G2 of the Wellingborough local plan.

Highway Impacts Policy 8 (b) of the JCS seeks to make safe pleasant streets and spaces by (i) prioritising the needs of pedestrians, cyclists and public transport users and resisting developments that would prejudice highway safety.

The highways officer has not raised an objection to the scheme. Furthermore, it is accepted by the highways officer that the proposed development will not generate an increase in traffic movements to and from the farm and that a 'transport statement' is deemed unnecessary.

It is therefore considered that the development is compliant with policy 8 (b) (i) of the JCS.

Effect on the Appearance of the Open Countryside Policy 8 (d) of the JCS requires new development to create a local character by (i)

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responding the site's immediate and wider context and local character to create new streets, spaces and buildings which draw on the best of that local character without stifling innovation, (ii) responding to the local topography and the overall form, character and landscape setting of the settlement and (iii) the creative use of the public realm through the use of measures such incidental play spaces, bespoke street furniture and memorable features. Policy G4 allows for restricted infill in some villages whereby it sets the criteria in limited development and restricted infill villages, development will be granted planning permission, subject to more specific policies regarding individual sites areas or uses if it: is within the village policy lines as defined on the policies map, will not either individually or cumulatively have an adverse impact on the size, form or character and setting of the village and its environs.

Policy 13 states new development may be permitted adjoining established settlements, beyond their existing built up area or defined boundary and that the proposals should satisfy all of the following criteria: a) the form and scale of the development should be clearly justified by evidence that it meets an identified need arising within a village network of villages through local needs survey; b) sites should be well-related to a settlement that offers services and employment to meet the day to day needs of occupants of the development; c) development should enable access to local services and facilities by foot, cycle, or public transport; d) the scale and nature of the development will not exceed identified needs and must be appropriate to the surroundings, minimise impacts on the environment and be supported by existing or new infrastructure; e) occupation of the development will be controlled through a legal agreement or conditions to ensure that it remains available and affordable in perpetuity to meet local needs.

Whilst there will be some effect from the proposed development, the proposal does not involve the construction of any buildings and as previously stated makes use of the existing site landscaping which is considered to soften and integrate the proposal with the surrounding environment and negate any perceived negative effect on the open countryside.

The applicants have stated that surfacing of the majority of the existing track is compacted hardcore and the new stretch of track is proposed to be constructed in the same manner to provide consistency throughout the site. The compacted hardcore material is a material which is readily found throughout agricultural landscapes and would therefore preserve the character of the area. The width of the track has been kept to a minimum by providing a track width of just 3.5 metres with passing places constructed along the route to facilitate two way movement.

It is therefore considered that the development is compliant with the principles set out in policy 8 (d) (i), (ii) and (iii) of the JCS and policy 13 of the JCS and further saved policy G4 of the Wellingborough local plan.

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Effect/Impact on the Living Conditions of the Neighbouring Occupiers and the Future Occupiers of the Development Policy 8 (e) (i) of the JCS and SPD on 'sustainable design' require new development not to cause an unacceptable impact on the amenities of neighbouring properties or the wider area, by reason of noise, vibration, smell, light or other pollution, loss of light or overlooking.

It is considered that there will be little impact to the future and existing neighbouring occupiers in the immediate vicinity in terms of loss of light, outlook or overlooking on amenity.

It is therefore considered that the development is in compliance with policy 8 (e) (i) of the JCS.

Crime and Disorder Policy 8 (e) (iv) of the JCS states that development should seek to design out antisocial behaviour and crime and reduce the fear of crime through the creation of safe environments that benefit from natural surveillance, visible streets and open spaces and other security measures.

It is considered that there are no pertinent issues with regards to the crime and disorder of the application site, furthermore Northamptonshire Police have not objected or commented on the scheme.

CONCLUSION The proposed development complies with the relevant development plan policies and is consistent with the provisions in the NPPF specifically in relation to promoting sustainable development, raising design standards, conserving the environment etc. In the absence of any material considerations of sufficient weight, it is recommended that the proposal be approved subject to conditions.

RECOMMENDATION Approve subject to the following conditions:

CONDITIONS/REASONS

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason: Required to be imposed pursuant to S51 of the Planning and Compulsory Purchase Act 2004.

2. This consent is based on drawings 15-46-100, 15-46-101, 15-46-102, 15-46-103 received 21 September 2016.

Reason: To ensure that the development is carried out in accordance with the

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approved plans.

3. No development shall take place within the area indicated until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded, in accordance with the North Northamptonshire Joint Core Strategy policy 2 (d) and the NPPF at paragraph 141.

4. The vehicular crossing must be constructed and all highway surfaces affected by the proposals reinstated in accordance with the specification of the local highway authority.

Reason: In the interests of highway safety in accordance with policy 8 (b) (i) of the Joint Core Strategy.

5. The hedges adjacent to the proposed road construction are to be protected in accordance with BS3998 for the duration of the works on site. In the event that hedges become damaged or otherwise defective during such period, the Local Planning Authority shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To preserve the amenity value in accordance with policy 8d) (i) of the Joint Core Strategy.

2. It is anticipated that the highway works will be carried out subject to a Section 278, Highways Act 1980 Agreement and the applicant should be advised to make application to the Local Highway Authority, in this respect, prior to the commencement of any works within the highway.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

OTHER BOROUGH

Report of the Head of Planning and Local Development

Case Officer Mr Omar Sharif WP/16/00561/EXT

Date received Date valid Overall Expiry 13 September 2016 13 September 2016 4 October 2016

Applicant D B Symmetry Ltd

Agent Sean Bennett

Location Kettering South (land At) Kettering Northamptonshire

Proposal Outline application: Up to 214,606 sqm gross external area for B8 warehousing and distribution, ancillary B1(a) offices, with associated access, internal roads, parking and sustainable drainage

PLANNING HISTORY

WP/16/00561/EXT Determination pending. Outline application: Up to 214,606 sqm gross external area for B8 warehousing and distribution, ancillary B1(a) offices, with associated access, internal roads, parking and sustainable drainage

Reason(s) for Committee Consideration:

- This is an external consultation for a proposed development on land in an adjoining authority in this case Kettering Borough Council (KBC), who have received an application for Up to 214,606 sqm gross external area for B8 warehousing and distribution, ancillary B1(a) offices, with associated access, internal roads, parking and sustainable drainage (KBC Ref: KET/2016/0606). - The purpose of this report is to inform members of the application's existence as well as the background and issues relating to the development and to provide members with the opportunity to minute any comments or concerns they may have that can then be reported to KBC via the official minutes of the planning committee.

THE SITE AND SURROUNDINGS The site is located adjacent to the A509 Kettering Road and immediately to the south-

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WP/16/00561/EXT

east of the A14, Junction 9, Kettering. The site is at grid reference SP 88203 75117. The A14 is a trunk road and an important route in terms of connectivity between Felixstowe and the rest of the strategic road network in the UK, in particular linking to the M1 and M6. The A14 also forms a key part of the road network linking the Daventry International Rail Freight Terminal (DIRFT) and Euro hub in Corby.

APPLICATION PROPOSAL AND BACKGROUND The proposed development comprises the comprehensive development of the majority of parcel B of the land at Kettering south and the creation of employment floorspace. An outline planning application is submitted, with all matters reserved other than the point of access to the site from the A509. The full description of development is as follows:

'Up to 214,606 sqm gross external area (2,310,000 sq.ft) of buildings for class B8 Warehousing and Distribution, with ancillary class B1(a) Offices, together with associated means of access, internal estate roads, car and lorry parking, landscaping and sustainable drainage.'

The development is proposed to be set primarily on two tiers, a lower tier on the eastern section of the site, adjacent to the railway track and a higher tier on the western section of the site adjacent to the A509. This tiered design responds to the existing topography of the site.

The site forms part of 'parcel B' of the 'Land at Kettering South' allocated in policy 37 of the adopted JCS, which identifies that the development of parcel B should focus on the delivery of B8 (logistics) development and ancillary B1 (office) and B2 (general industrial) uses.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 5 (flood risk) 8 (North Northamptonshire place shaping principles) 11 (network of urban and rural areas) 22 (delivering economic prosperity) 23 (distribution of new jobs) 24 (logistics) 37 (land at Kettering South)

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED 1. BCW is a consultee only on this application and, therefore, no consultations, other than BCW planning policy, have been carried out on this application by the borough.

ASSESSMENT AND REASONED JUSTIFICATION The NPPF sets out government planning policy for England and paragraph 17 sets out the twelve core principles which seeks to proactively drive and support sustainable economic development and good standard of amenity for existing and future occupiers,

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paragraphs 18 - 22 is specific to building a strong, competitive economy, seeking to secure economic growth (paragraph 18) and paragraphs 29, 30, 34, 35 encourage economic development in sustainable locations.

It is acknowledged that the application seeks to deliver up to 214,606 sq.m gross external area (2,310,000 sq.ft) of buildings for class B8 warehousing and distribution, with ancillary class B1(a) offices, together with associated means of access, internal estate roads, car and lorry parking, landscaping and sustainable drainage.

Policy 37 is of particular relevance to the application, because the site is allocated as a strategic site in the JCS. The policy elaborates to include two distinct parcels of land - parcel A and parcel B and that they will be used to coordinate a mix of employment uses, supporting infrastructure and connectivity between parcels. With regards to parcel B the policy elaborates that: (f) focus on the delivery of B8 (logistics) development and ancillary B1 (office) and B2 (general industrial) uses; (g) ensure that development within the boundary site is directed to areas of lowest risk of flooding, consistent with the sequential test, and that extensive flood mitigation measures are provided to the east of the site. Built development on an area of 'flood zone 2' will only be acceptable subject to technical modelling and solutions being agreed with the Environment Agency (EA), which demonstrate that flood risk has been satisfactorily addressed; (h) be of a high standard of design within buildings arranged to limit the visual impact on Isham and designed to incorporate sustainability measures such as green roofs, renewable energy generation, sustainable drainage systems and rainwater harvesting; (i) provide a connected network of high quality landscaping which minimises visual impact. Proposals should include the delivery of strategic landscaping at the southern edge of the development at the earliest opportunity to limit the visual impact on Isham; (j) provide an accessible network of green infrastructure which includes opportunities provided by the Ise-Valley corridor to integrate the development into the countryside, enhance the character and ecological value of the development, including buffering the adjacent SSSI, and create accessible, usable green space; (k) safeguard the route of the Isham bypass and provide vehicular access from the A509; and (l) include a permeable network of roads and paths.

The application comprises the majority of parcel B (namely the land to the east of the A509). The applicant has stated that the development will generate some 2,787 jobs through the development's operation. - It will also generate some 1,028 jobs during the site's construction. - There will be potential development of local skills which in turn will benefit the local economy. - Opportunities to connect the skills of young people in logistics related education to employment opportunities at the site. - Change in travel to work patterns for instance, reducing Kettering's working age residents' reliance on out-commuting to pursue highly skilled employment opportunities.

Part of parcel B is adjacent to the River Ise is within flood risk zones 2 and 3, development proposals would need to comply with policy 5 - water environment, resource & flood risk management of the JCS, which states development should contribute towards reducing the risk of flooding and to the protection of the quality of the water environment, more of which is discussed further in the report.

It is accepted that the submitted management strategies within the application have

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been developed to manage run-off within Environmental Agency standards and in summary the applicant has stated:

- Due to the site's allocation in the JCS, the sequential test has already been applied by Kettering Borough Council and the North Northamptonshire Joint Planning Unit in identifying and allocating the site as part of the plan-led process. The FRA demonstrates that the development is 'safe' for its lifetime and will not increase flood risk elsewhere. - Hydraulic modelling has been undertaken to test the impacts of raising ground levels across the site and providing a channel to convey floodwater in the 1 in 100 year flow event plus an allowance for climate change. Modelling demonstrates that there are no adverse impacts off-site either upstream or downstream and the EA has approved the design scheme in principle. The development platform will be set above the flood level with plot levels and finished floor levels set at a sufficient freeboard above the design flood levels. - An indicative surface water management strategy has been outlined for the proposed development and includes underground storage serving each plot. Surface water runoff will be discharged from these attenuation features to the flood mitigation channel or the Pytchley Brook at existing greenfield run-off rates with appropriate pollution control measures included within the system. - The FRA also demonstrates that an appropriate drainage scheme and flood management strategy can be accommodated within the masterplan to ensure no off- site impacts in terms of flood risk and discharge at existing greenfield run-off rates from the site post-development, utilising SuDS techniques as required by Northamptonshire County Council.

It is recognized that the site is allocated in the JCS through policy 37 and the application is at outline stage, however concerns are raised on the character of the design and impacts to the landscape and visual amenity within the area.

The applicant has stated within the accompanying design and access statement that the building heights are to range from 18 metres to 23 metres to the ridge for the warehouse units and 2-3 stories for the offices, and whilst it acknowledged the application has attempted to address through appropriate mitigation measures i.e. gable ends facing the estate road, concerns are still raised from the visual impact of the development to the village character of Isham and on the wider countryside in accordance with policy 37.

While it is also acknowledged that the development will see the delivery of footways and cycle ways as part of the scheme, concerns are raised on the impact the development would have on the A509 and the movement of HGV vehicles along this route.

CONCLUSION Concerns are raised with regards to the visual impact from the proposed development on the village character of Isham and the wider countryside as well as the highway impacts on the A509.

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RECOMMENDATION Whilst no objections are raised against the planning application, notwithstanding this, concerns are raised from the likely visual impact of the proposed development on the village of Isham and wider countryside as well as potential highway impacts in relation to the A509.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

OTHER BOROUGH

Report of the Head of Planning and Local Development

Case Officer Mr Bob Mason WP/16/00632/EXT

Date received Date valid Overall Expiry 13 October 2016 13 October 2016 3 November 2016

Applicant Mr Richard Hazelton

Agent Graham Wyatt

Location Rear Of Green Close Wellingborough Road Irthlingborough Northamptonshire

Proposal Reserved matters: Appearance, landscaping layout and scale pursuant to planning permission 13/00077/OUT dated 15.10.13 - Outline: Up to sixty houses, public open space and associated access and other necessary infrastructure (all matters reserved)

PLANNING HISTORY

WP/16/00632/EXT Determination pending. Reserved matters: Appearance, landscaping layout and scale pursuant to planning permission 13/00077/OUT dated 15.10.13 - Outline: Up to sixty houses, public open space and associated access and other necessary infrastructure (all matters reserved)

Reason(s) for Committee Consideration:

- This application is referred to committee for comment because it is an East Northamptonshire Council application (ENC Reference: 16/01944/REM).

- The purpose of this report is to inform members of the application's existence and to provide members with the opportunity to minute any concerns they may have that can then be reported to ENC via the official committee minutes.

THE SITE AND SURROUNDINGS The site is located to the north of Wellingborough Road, on the south-western edge of lrthlingborough. The town contains a range of services and facilities, including a senior, a junior and an infant school, local shops, a library and a medical centre.

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WP/16/00632/EXT

WP/16/00632/EXT - Rear of Green Close, Wellingborough Road, Irthlingborough WP/16/00632/EXT - Rear of Green Close, Wellingborough

The application site currently consists of disused farmland. To the north lies open land associated with the former White Lodge Quarry and is characterised by areas of rough pasture with occasional scrub cover on areas of disturbed ground resulting from historic quarrying operations. This area is also informally designated as having local nature conservation importance. The land to the west of the site comprises arable farmland on rising ground towards the boundary with Wellingborough. The site abuts an area of existing residential development to the east, including Green Close and Presland Way.

APPLICATION PROPOSAL AND BACKGROUND Reserved Matters.

Outline planning permission was granted on 15/10/2013 subject to conditions including internal open space, landscaping and boundary treatment and the retention of existing trees.

The proposed development involves the approval of all reserved matters and consists of 45 market houses and 15 affordable houses. In detail, this comprises 28 x 4 bed, 13 x 3 bed and 4 x 2 bed market houses, and 4 x 3 bed, 9 x 2 bed and 2 x 1 bed affordable dwellings. Public open space would be located adjoining the northern and southern boundaries with a detention basin for surface water drainage within the latter area.

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Policies: 1 (presumption in favour of sustainable development) 3 (landscape character) 4 (biodiversity & geodiversity) 5 (water environment, resources and flood risk management) 8 (North Northamptonshire place shaping principles) 9 (sustainable buildings and allowable solutions) 10 (provision of infrastructure) 22 (delivering economic prosperity) 30 (housing mix and tenure)

Supplementary Planning Documents/Guidance: Sustainable Design Biodiversity Upper Nene Valley Special Protection Area Trees on Development Sites Planning Out Crime in Northamptonshire Parking

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED No consultations have been undertaken by BCW as the duty to undertake such consultation and publicity exercises rests with East Northamptonshire Council.

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If, however, BCW receive any representations to the application, then these will be forwarded to ENC for their attention.

ASSESSMENT AND REASONED JUSTIFICATION As this application is being determined by ENC, then it is not for BCW to provide professional opinions as to whether the proposal accords with development plan policies or to advise on all material considerations that need to be given due weight in the determination process. Nevertheless, the following comments provide a sense of the material considerations and design issues in the determination of the application.

The principle of the scheme has already been determined and this application only seeks approval for the detailed design.

The applicant shows 45% of the total houses to be 4 bedroomed and 25% of the total dwellings to be affordable. However, the affordable dwellings would be sited within a single cul de sac and not 'pepperpotted' around the proposed estate.

Some proposed houses would face the main road from behind a new hedge with new tree planting along this frontage. The proposed road layout also involves two adoptable cul de sacs with a number of private ones off and no more than 5 dwellings serviced by each of these. Each 4 bed dwelling would have 3 parking spaces whilst all the rest would have 2 spaces.

A footpath would be provided along the frontage of the main road and another along the western boundary of the site in place of an existing public footpath through the field.

The house designs reflect to some extent design features found on late Victorian houses within Irthlingborough, such as bay windows.

There would be screen walls around rear gardens to maintain residents' privacy, and generally the size of the proposed gardens appears adequate.

Landscaping involving a hedge and tree planting is proposed along the eastern boundary with existing housing and some is also proposed along the western boundary with the open countryside. Given all these aspects of the proposed design and the fact that the site is located within a dip in the wider landscape it is not expected that the proposed development would adversely impact upon the wider landscape.

It is considered that the proposal would not give rise to any material planning considerations relevant to this council's administrative area.

CONCLUSION It is concluded that no obection be raised against the planning application details.

RECOMMENDATION That no objection be raised in relation to the reserved matters.

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BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

OTHER BOROUGH

Report of the Head of Planning and Local Development

Case Officer Koko Ekanem WP/16/00648/EXT

Date received Date valid Overall Expiry 21 October 2016 21 October 2016 11 November 2016

Applicant Db Symmetry

Agent Mr Mark Patterson

Location Land Adj Glebe Farm Coventry Road Lutterworth Leicestershire

Proposal Outline application for the erection of up to 278,709sqm of Storage, Distribution buildings (B8) with ancillary B1(a) offices, creation of access onto A4303 and emergency services only access onto A5, formation of a Lorry Park, creation of SuDS facilities and other associated infrastructure and the demolition of Glebe Farmhouse (Means of access only to be considered) - ADDITIONAL INFORMATION

PLANNING HISTORY

WP/16/00648/EXT Determination pending. Outline application for the erection of up to 278,709sqm of Storage, Distribution buildings (B8) with ancillary B1(a) offices, creation of access onto A4303 and emergency services only access onto A5, formation of a Lorry Park, creation of SuDS facilities and other associated infrastructure and the demolition of Glebe Farmhouse (Means of access only to be considered) - ADDITIONAL INFORMATION

Reason(s) for Committee consideration:

- This application is referred to the planning committee for comment because it is a Harborough District Council application. - The purpose of this report is to inform members of the application's existence and to provide the members with the opportunity to minute any concerns they may have that can then be reported to Harborough District Council via the official minutes of the planning committee

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WP/16/00648/EXT

PROPOSAL AND DESCRIPTION OF SITE This is an outline planning application (with access as a detailed consideration) for the erection of a strategic scale, logistics park with ancillary offices off the A4303 (Coventry Road), Lutterworth.

It comprises up to 278,709 sq.m of Storage, distribution buildings (B8) with ancillary B1(a) offices, creation of access onto A4303 and emergency services only access onto A5, formation of a Lorry Park, creation of SuDS facilities and other associated infrastructure and the demolition of Glebe Farmhouse (Means of access only to be considered), land Aaj Glebe Farm, Coventry Road, Lutterworth. Additional information has been received in respect of the above planning application.

The application site comprises 87.9 hectares of land currently in agricultural use and is located approximately 2 km from Lutterworth town centre, to the south of Coventry Road and east of the A5, and to the west of the town of Lutterworth in Leicestershire.

The site is located adjacent and to the south of Magna Park, a large, existing warehousing and logistics centre.

Due to its size and scale, the application is accompanied by an Environmental Impact Assessment (EIA).

If the application is taken forward, it is envisaged that the proposal could be operational by 2025. It is predicted to create 3,500 jobs.

Although the application is in outline form with access as a detailed consideration only at this stage - there are proposed parameters for the units with respect to height and sizes as part of this proposal. This is summarised below: - Unit Numbers (1-11) - Unit size ranging from 125 sq metres to 120,000 sq metres - Unit dimensions ranging from 25-620 metres long and 5-195 metres wide - Unit height ranging from 18-23 metres to the ridge

The agreed access strategy for the application comprises the following: - A single point of access off the A4303 Coventry Road, via a 3 arm 70m ICD roundabout. - A proposed section of dual carriageway from the site access roundabout into the site to the proposed lorry park. - An emergency only access onto the A5 (using an existing field access) that would be secured and could be brought into use by the emergency services only.

PLANNING BACKGROUND By way of background, Magna Park, located immediately to the north, comprises some 10.45 million sq.ft (970,828 sq.m) of logistics space. Many buildings on Magna Park are nearly 25 years old and are "first generation" logistics warehouses. The applicant states that these buildings do not meet the requirements of modern warehouse operators who need high bay, energy efficient, well laid out warehouses, with increasing scale demands to meet both environmental and operational targets.

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NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/GUIDANCE National Planning Policy Framework (NPPF) Planning Practice Guidance

If, however, BCW receive any representations to the application, then these will be forwarded to Harborough District Council for their attention.

ASSESSMENT This is a very large proposal for B8 use with ancillary B1 use which will have a number of strategic implications for the Leicestershire area and region. However, it is considered that due to the distance of this proposal from BCW, it is unlikely that this scheme would have significant detrimental impacts in socio-economic terms for this area.

RECOMMENDATION It is concluded that no objections be raised against the planning application.

Planning Committee 135 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

OTHER BOROUGH

Report of the Head of Planning and Local Development

Case Officer Mr Bob Mason WP/16/00649/EXT

Date received Date valid Overall Expiry 24 October 2016 24 October 2016 14 November 2016

Applicant Roxhill (Junction 15) Ltd

Agent Helen Lancaster

Location Northampton Gateway Strategic Rail Freight Interchange Eastern And Western Sides Of The M1 Junction 15 South Of Northampton Northamptonshire

Proposal Scoping consultation and notification of the applicant's contact details and duty to make available information to the applicant if requested

PLANNING HISTORY

WP/16/00649/EXT Determination pending. Scoping consultation and notification of the applicant's contact details and duty to make available information to the applicant if requested

Reasons for Committee Consideration:

- This application is referred to committee for comment because it is a request to the Planning Inspectorate for an EIA Scoping Opinion on a Nationally Significant Infrastructure Project.

- The purpose of this report is to inform members of the proposal's existence and to provide members with the opportunity to minute any concerns they may have that can then be reported to the Planning Inspectorate via the official committee minutes.

THE SITE AND SURROUNDINGS The proposed development site is on land on both eastern and western sides of the M1 Junction 15 in Northamptonshire, to the south of the town of Northampton. The proposed built development is on land to the south-west of the motorway, contained to

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WP/16/00649/EXT

the west by the Northampton Loop railway, and to the east by the A508 road.

APPLICATION PROPOSAL AND BACKGROUND Roxhill (Junction 15) Ltd. is to apply for a Development Consent Order for a Strategic Rail Freight Interchange together with associated development works on land in the vicinity of J15 of the M1. The application is for the development of a Strategic Rail Freight Interchange (SRFI) together with landscaping, access and other supporting infrastructure works. It consists of:

- An intermodal freight terminal including container storage and HGV parking, with new rail sidings within the site to serve individual warehouses;

- Capability to provide a 'rapid rail freight' facility as part of the intermodal freight terminal;

- Up to 468,000 sq m (approximately 5 million sq.ft) (gross internal area) of warehousing and ancillary buildings, with up to 155,000 sq.m of additional floorspace provided in the form of mezzanine floorspace;

- New road infrastructure and works to the existing road network, including provision of a new access and associated works to the A508, a new bypass to the village of Roade, and substantial improvements to Junction 15 of the M1;

- Strategic landscaping and tree planting, including diverted public rights of way;

- Earthworks and demolition of existing structures on-site.

The indicative layout plans show several large warehouse units together with road and rail access.

Background The granting of permission for Nationally Significant Infrastructure Projects is no longer dealt with by local planning authorities and has been given to the relevant Secretary of States by the 2008 Planning Act (the Act) as amended by the Localism Act 2011. NSIPs are defined in the Act and are large scale facilities of national significance which support the everyday life of the country. The proposed development is a NSIP because it comprises the construction of a rail freight interchange and highways related development.

The Requirements for Environmental Assessment Applications for certain types of development need to be accompanied by an 'environmental statement' in order to comply with The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. An environmental statement is to be prepared as part of the application for development of this site. The objective is to identify the likely significant environmental effects arising from the proposed development.

Scoping Opinion The purpose of the report is to obtain an opinion from the Planning Inspectorate on whether the following topic areas should be covered in the Environmental Statement:

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- Socio-economic aspects - Landscape and visual effects - Ecology and nature conservation - Geology, soil and groundwater - Water resources and drainage - Noise - Air quality - Cultural heritage - Lighting - Transportation - Agricultural land quality - Cumulative Impact

NATIONAL GUIDANCE, DEVELOPMENT PLAN POLICY AND SUPPLEMENTARY PLANNING DOCUMENTS/ GUIDANCE: National Planning Policy Framework (NPPF) Planning Practice Guidance (PPG)

North Northamptonshire Joint Core Strategy (JCS) Relevant Policies: 4 (biodiversity & geodiversity) 20 (Nene and Ise valleys) 22 (delivering economic prosperity) 23 (distribution of new jobs) 24 (logistics)

SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED No consultations have been undertaken by BCW.

ASSESSMENT AND REASONED JUSTIFICATION As this scoping opinion is being determined by the Planning Inspectorate for a site some miles to the south west of the council's boundaries, it is not for BCW to provide professional opinions on all matters but only those relevant the council.

Site Specific Considerations These issues are matters to be considered by the local planning authority within the zones of influence proposed for each topic and also by the Planning Inspectorate.

It is considered that there is no relevance for Wellingborough regarding these aspects.

Socio-economic Impacts The study area defined from 2011 Census Travel to Work data is proposed to cover LPA areas of:

- South Northamptonshire District - Northampton Borough - Daventry District - Wellingborough District - Kettering Borough - Milton Keynes

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The draft report states that consideration is to be given to relevant major employment sites or commitments within that broad area, in consultation with the LPAs.

It is agreed that a list of completions and committed employment and warehousing sites, including strategic sites, should be prepared for the impact area in order to protect JCS policies 22, 23 and 24.

Ecology and Nature A project level 'habitats regulation assessment' will form part of the environmental statement, and will consider the potential for cumulative impacts on the Special Protection Area with other (committed) developments within 10km of the SPA.

The draft report recognises potential for ecological impacts on the Upper Nene Valley SPA. The SPA was designated due to its assemblage of bird species, and the development site is known to have a role in accommodating wintering birds (particularly the Golden Plover). Therefore, the zone of influence for the ecology assessment will consider the SPA despite its distance from the site.

It is agreed that the impact on the Special Protection Area should be considered as part of the Ecology Assessment in order to protect JCS policies 4 and 20.

'Other development' There are other matters which need to be included within the cumulative effects assessment, which include:

'Rail Central' Strategic Rail Freight Interchange (NSIP) - Proposed 8 million sq. feet of warehousing on land east of the A43, between Milton Malsor and Blisworth, in South Northamptonshire ie on land immediately to the west of the site which is the subject to this report.

This proposal is not yet the subject of a formal application, however there is some doubt that both schemes would be built even if they both received consent. Nevertheless the cumulative impact of both schemes together would have the potential to enlarge the above impacts significantly.

CONCLUSION The draft scoping report states that consideration is to be given to relevant major employment sites or commitments within a wider area in consultation with the local planning suthorities, and that the Zone Of Influence for the Ecology Assessment is to include the Upper Nene Valley Special Protection Area despite its distance from the site. These views are supported by BCW. Attention is also drawn to the possibility of further cumulative impacts if a similar adjoining scheme was to be built.

RECOMMENDATION That committee recommends that the above comments are sent to the Planning Inspectorate.

Planning Committee 139 of 144 16 November 2016

BOROUGH COUNCIL OF WELLINGBOROUGH

Planning Committee 16 November 2016

FOR INFORMATION

Report of the Head of Planning and Local Development

Case Officer Mr Bob Mason WP/16/00503/CRA

Date received Date valid Overall Expiry 12 August 2016 12 August 2016 2 September 2016

Applicant Mr Bernard Gallyot

Agent Helen Marsden

Location 30 Sanders Park Sanders Road Wellingborough Northamptonshire NN8 4FR

Proposal Waste transfer station to bulk up dry recyclable waste, including a new building

PLANNING HISTORY

WP/16/00503/CRA No objection WBC response 15.09.2016 Waste transfer station to bulk up dry recyclable waste, including a new building

NOTE Approved by Northamptonshire County Council on 14 October 106 subject to the following conditions/reasons:

1. Time Limit The development hereby permitted shall be begun before the expiry of three years from the date of this permission. Written notification of the date of commencement shall be provided in writing to the Waste Planning Authority within seven days of such commencement.

Reason: To comply with Section 91 of the Town and Country Planning Act as amended by the Planning and Compulsory Purchase Act 2004.

2.Scope of the Permission Except as otherwise required by conditions attached to this planning permission the development hereby permitted shall be carried out in accordance with the following approved plans: a) Application Forms dated 25 July 2016;

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WP/16/00503/CRA

ICT Services © Crown Copyright and database right 2016. Scale: Ordnance Survey 100018694. This map is accurate Legend 1:1,250 Cities Revealed to the scale specified Aerial Photography copyright: when reproduced at A4 ± GetMapping PLC 1999 WP/16/00503/CRA - 30 Sanders Park, Sanders Road, Wellingborough

b) Planning Statement dated July 2016 (Version 1) and appendices; c) Drawing No. GPPNVNLNV/16/01 Rev 1 Site Location Plan; d) Drawing No. GPPNVNLNV/16/02 Rev 2 Site Plan; e) Drawing No. GPPNVNLNV/16/03 Rev 1 Site Layout Plan; f) Drawing No. GPPNVNLNV/16/05 Rev 1 Catchment Area Plan; and g) Drawing No. 61107 Rev 4 Building Plans and Elevations.

Reason: To secure implementation and maintenance of the development in accordance with the approved documents and plans and secure the mitigation measures set out in the application.

3.Waste Inputs The development hereby permitted shall be restricted to the import, temporary storage, baling and onward transfer of waste.

4.The development hereby permitted shall not exceed a total annual throughput of 7,000 tonnes of waste.

5.The operator shall ensure that systems are in place to ensure that the site only accepts dry recyclable waste of a non-hazardous nature and that systems are in place to deal with any prohibited wastes delivered to site.

Reason for conditions 3 to 5: To define the scale of the facility in the interests of amenity protection and highway safety having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

6.Storage and Processing The submitted roller shutter doors system shall be implemented in accordance with the approved details which shall thereafter be retained and maintained for the duration of the development hereby permitted to ensure the roller shutter doors are closed except when opened specifically to facilitate access and egress for vehicles.

7.No external processing or external storage of waste shall take place on site.

Reason for conditions 6 to 7: In the interests of amenity and environmental protection having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

8.Fire Risk Management Prior to bringing the building into operational use, a Fire Risk Management Plan (FRMP) shall be submitted to and approved in writing by the Waste Planning Authority (see informative). The plan shall include measures to mitigate the risk of fire associated with waste storage on the site. The plan shall be fully implemented and subsequently maintained, in accordance with the plan, unless any changes are subsequently agreed in writing by the Waste Planning Authority. In the event that any of the measures stipulated in the FRMP conflict with measures subsequently agreed as part of the Environmental Permit for the waste facility then the measures specified in the FRMP shall be superseded by the conflicting measures in the Environmental Permit.

Reason: In the interests of safety having regard to Policy 27 of the Northamptonshire Minerals and Waste Local Plan (2014).

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9.Odour, Noise and Dust The odour management strategy (Appendix 6 of the Planning Statement) shall be implemented and maintained for the lifetime of the development with any revisions to be agreed in writing with the Waste Planning Authority.

11.No vehicles and mobile plant used exclusively on site shall be operated unless they have been fitted with white noise alarms.

12.No vehicle, plant, equipment or machinery used exclusively on site shall be operated at the site unless it has been fitted with and uses an effective silencer. All vehicles, plant, equipment and machinery shall be maintained in accordance with the manufacturer's specification.

13.In the event that complaints regarding noise, odour, lighting or dust during construction or operational phases are received by the Waste Planning Authority and thereafter notified to the operator , an assessment of the complaint shall be undertaken by the operator. A report on the findings, with proposals for removing, reducing or mitigating identified adverse effects resulting from the operation, and a programme for the implementation of remedial measures (if necessary) to be undertaken shall be submitted to the Waste Planning Authority no later than five working days from notification of the complaint to the operator, unless a later date is otherwise agreed in writing by the Waste Planning Authority. The approved remedial measures shall be implemented in full and thereafter maintained.

Reason for conditions 10 to 13: In the interests of the amenities of the area having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

14.External Lighting External lighting shall be installed in locations shown on the approved site layout plan. Both lights shall be fitted with deflectors and their aim maintained vertically downward for the lifetime of the development. The lights shall be switched off outside the hours of working (condition 16).

Reason: In the interests of the amenities of the area, site security and sustainability having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

15.Hours of Working All construction activities shall be restricted to between the hours of 0700 and 1800 Mondays to Fridays and 0700 to 1300 Saturdays with no construction activities on Sundays or Public and Bank Holidays.

16.All waste management operations shall be confined to between 0700 hours and 1800 hours Mondays to Fridays with no such operations to be undertaken on Saturdays, Sundays, Public or Bank Holidays.

Reason for conditions 15 to 16: To ensure that working on site is carried out within reasonable hours so as to avoid disturbance to amenity in accordance with Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

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17.Wheel Cleaning and Vehicle Sheeting All HGVs arriving at and leaving the site shall be cleansed of mud and other debris to ensure that there is no nuisance dust and no mud or debris deposited on the public highway.

18.All operational vehicles arriving at and leaving the site shall be sheeted to prevent material spillage or wind blow.

Reason for conditions 17 to 18: In the interests of highway safety and local amenity in accordance with Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

19. Materials All external facing materials shall be in accordance with the details submitted unless otherwise agreed in writing with the County Planning Authority.

Reason: In the interests of amenity protection and landscape character having regard to Policy 22 and 25 of the Northamptonshire Minerals and Waste Local Plan (2014).

20.Pollution Control Any facilities, above ground, for storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund.

21.All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse, surface water sewer or soakaway.

Reason for conditions 20 to 21: To minimise risk of watercourse and aquifer pollution and to prevent pollution of the water environment having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

22.Catchment Area All waste materials to be processed on the site shall originate from locations within the area shown on the submitted Catchment Area plan dated 24 April 2014 (reference GPP/WNL/WD/14/05 Rev no. 1). The annual report required by condition 23 shall incorporate such records that demonstrate compliance with the approved catchment area plan.

Reason: To ensure that waste materials are dealt with as close to their source as possible in the interests of self-sufficiency and sustainability having regard to Policy 23 of the Northamptonshire Minerals and Waste Local Plan (2014) and to enable the Waste Planning Authority to monitor progress towards achieving the principles in Policy 11, 13 and 29 of the Northamptonshire Minerals and Waste Local Plan (2014).

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23.Contaminated Land 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 development has submitted, and obtained written approval from the Waste Planning Authority for a remediation strategy detailing how this contamination shall be dealt with.

Reason for condition 23: To ensure that risks from land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to human health and the environment having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

24.Monitoring The operating company shall submit an annual report in writing to the Waste Planning Authority within one month of the first anniversary of operations commencing and at 12 monthly intervals thereafter. The report shall include detailed information on the types, quantities and sources of all waste materials brought on to the site, including records demonstrating compliance with the approved waste input condition (condition 3) and catchment area plan (condition 22). The information required by this condition shall also be supplied at any other time on request by the Waste Planning Authority.

Reason: To enable the Waste Planning Authority to monitor progress towards achieving the principles in Policy 11 of the Northamptonshire Minerals and Waste Local Plan (2014), to ensure that waste materials are dealt with close to their source in accordance with Policy 23 of the Northamptonshire Minerals and Waste Local Plan (2014) and in the interests of highway safety and amenity having regard to Policy 22 of the Northamptonshire Minerals and Waste Local Plan (2014).

POSITIVE AND PROACTIVE MANNER STATEMENT In determining this planning application, the County Planning Authority has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application by liaising with consultees, respondents and the applicant/agent and discussing changes to the proposal where considered appropriate or necessary. This approach has been taken in accordance with the requirement in the NPPF, as set out in the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012.

Planning Committee 144 of 144 16 November 2016

PLANNING COMMITTEE - 16 November 2016

The following applications dealt with under the terms of the Head of Planning and Local Developments delegated powers.

WP/15/00814/FUL Applicant Mr Scott Groome Longmarsh Limited

Location 33 - 37 The Embankment, Wellingborough, Northamptonshire, NN8 1LD. Proposal Proposed vehicle leasing offices and parts department extension Decision Application Permitted

WP/16/00302/FUL Applicant Mr & Mrs Reynolds

Location 24 Hatton Street, Wellingborough, Northamptonshire, NN8 5AW. Proposal Proposed first floor extension over existing garage, conversion of existing garage to family room, single storey rear extension and internal alterations. Proposed detached double garage to front Decision Application Permitted

WP/16/00399/VAR Applicant Mr I Wilkins

Location 18-20, 45 - 49 & Land Adj 34-36 Bradfield Road, Wellingborough, Northamptonshire, NN8 4HB. Proposal Variation of condition 2 of planning permission ref: WP/15/00561/FUL to reduce the project in accordance with plan numbers: 59-14-01_10-09-15, 59-14-02_A_29-06-16 and 59-14-03_A_29-06-16 Decision Application Permitted

WP/16/00426/FUL Applicant Mrs Ellis-Barratt

Location Land Adjacent 95, Station Road, Earls Barton, Northampton. Proposal New single storey dwelling with off road parking. Decision Application Permitted

WP/16/00429/FUL Applicant Mr Sumant Patel

Location 11 Gisburne Road, Wellingborough, Northamptonshire, NN8 4EE. Proposal Retrospective application for a single storey rear extension, conservatory, and outhouse to the rear of the dwelling and a garden shed adjoining rear boundary of garden Decision Application Permitted

WP/16/00434/FUL Applicant Mr Martin Howell

Location Church Farm, 2 - 4 Church Way, Grendon, Northampton. Proposal Installation of 120 ground mounted solar panel modules, 30kWp, in field within the curtilage of the property - amended description Decision Application Permitted

WP/16/00441/FUL Applicant Mrs Julie Grey Mears Ashby Cof E school

Location Primary School, 30 & 32 North Street, Mears Ashby, Northampton. Proposal Change of use of existing residential school house (C3 planning classification) to a new administrative area and principle entrance to the school facility (D1 planning classification) including a new link corridor on the east side of the existing school house. Decision Application Permitted

WP/16/00443/FUL Applicant Mr Keith Lear

Location 120 Overstone Road, Sywell, Northampton, Northamptonshire. Proposal Proposed ground and first floor extensions with new roofline, rear dormer and internal modifications Decision Application Permitted

WP/16/00471/FUL Applicant Mr & Mrs Turvey

Location 27 Station Road, Earls Barton, Northampton, Northamptonshire. Proposal Insertion of rooflights, changes to fenestration and entrance door area, and creation of lightwell. Removal of chimney Decision Application Permitted

WP/16/00479/FUL Applicant Mrs Tammi Chang Leng

Location 37 Cowper Road, Wellingborough, Northamptonshire, NN8 3NN. Proposal Single storey rear dining room extension and single storey extension to kitchen Decision Application Permitted

WP/16/00480/ADV Applicant Mr David Freebody Riwal UK

Location 1 - 5 Whittle Close, Wellingborough, Northamptonshire, NN8 6TY. Proposal Advertisement signs comprising of LED illuminated box signs. Non illuminated aluminium composite signs. 1 monolithic free standing sign Decision Application Permitted

WP/16/00481/FUL Applicant Mr Boddington

Location 18 Manchester Road, Wollaston, Wellingborough, Northamptonshire. Proposal First floor side extension Decision Application Refused

WP/16/00483/FUL Applicant Mr & Mrs S Taschini

Location 27 Lower Street, Great Doddington, Wellingborough, Northamptonshire. Proposal Proposed single storey side extension Decision Application Permitted

WP/16/00484/FUL Applicant Mr Terry O'Sullivan Just Pubs Limited

Location The Cromwell, 86 Princess Way, Wellingborough, Northamptonshire. Proposal Proposed demolition of the Cromwell Public House and construction of three pairs of semi-detached houses and a terrace of three houses (total nine) plus associated parking - amended plans recd 21 10 16 Decision Application Permitted

WP/16/00487/FUL Applicant Mr & Mrs Roe

Location 25 Reynolds Close, Wellingborough, Northamptonshire, NN8 4UR. Proposal New first floor extension to dwelling Decision Application Permitted

WP/16/00488/FUL Applicant Mr & Mrs W Lay

Location 17 Prince Street, Earls Barton, Northampton, Northamptonshire. Proposal Loft conversion including rear dormer Decision Application Permitted

WP/16/00489/FUL Applicant Mrs Joanna Williams

Location 9 Eastfield Crescent, Finedon, Wellingborough, Northamptonshire. Proposal Extension to existing conservatory from 3m x 3.5m to 3.5m x 5m Decision Application Permitted

WP/16/00494/FUL Applicant Mrs Shah

Location 35 Sanders Road, Wellingborough, Northamptonshire, NN8 4NL. Proposal Single storey side extension to existing building Decision Application Permitted

WP/16/00499/FUL Applicant Mr Terry McGlynn

Location 2 Council Street, Bozeat, Wellingborough, Northamptonshire. Proposal Two storey side and rear extensions including garden sheds to rear Decision Application Permitted

WP/16/00502/FUL Applicant Annabelle Kirkby Anglian Water Services Limited

Location Booster Station Moonshine Gap, Sywell Road, Wellingborough, Northamptonshire. Proposal Provision of a booster pumping station. Provision of an aerial mast for telemetry communications (6.5m high). Highway access from Sywell Road in to the compound. An area of hardstanding linking the highways access and the booster station. The removal of hedges and provision of new hedge row planting; and the installation of boundary treatments including fencing and security gates. Decision Application Permitted

WP/16/00504/FUL Applicant Mr Patel

Location 5 Ashton Grove, Wellingborough, Northamptonshire, NN8 5ZA. Proposal Loft conversion with a flat roof dormer to the rear elevation and a pitched roof dormer to the front elevation. Decision Application Refused

WP/16/00505/FUL Applicant Mr W Alexander

Location 1 Stow Close, Wellingborough, Northamptonshire, NN8 2LD. Proposal Single storey side and rear extension Decision Application Permitted

WP/16/00506/FUL Applicant Mr & Mrs Blincow

Location 57 Vicarage Farm Road, Wellingborough, Northamptonshire, NN8 5EU. Proposal To erect a white PVCu framed conservatory to the rear of the property Decision Application Permitted

WP/16/00511/FUL Applicant Mr Sebatian Ghiorghiata

Location 81 The Pyghtle, Wellingborough, Northamptonshire, NN8 4RR. Proposal Single storey side and rear extension to dwelling - re-submission Decision Application Permitted

WP/16/00515/TCA Applicant Mrs S Woodrow

Location Museum, 102 High Street, Wollaston, Wellingborough. Proposal Reduction of some trees and round the base of the Motte Decision Application Permitted

WP/16/00517/VAR Applicant Mr Bogdan Tuigi

Location 7 Brampton Close, Wellingborough, Northamptonshire, NN8 5XG. Proposal Removal of condition number 2 of planning permission ref: WP/2012/0550 - brick to match existing - brick material changed to Hanson Brecken Grey with upper floor to be render coloured cream. Decision Application Permitted

WP/16/00518/FUL Applicant Mr & Mrs Johnston-Smith

Location 40 Ecton Lane, Sywell, Northampton, Northamptonshire. Proposal Extensions and alterations to existing two storey house Decision Application Permitted

WP/16/00521/FUL Applicant Mr Phil Bennett

Location 48 Wellingborough Road, Finedon, Wellingborough, Northamptonshire. Proposal Change the use from a care home for the elderly to a bed and breakfast. ADDITIONAL PLANS Decision Application Permitted

WP/16/00523/PNX Applicant Mr Jason King

Location 297 Kilnway, Wellingborough, Northamptonshire, NN8 3TW. Proposal Prior approval of a proposed larger home extension for a conservatory to rear of property Decision Prior Approval/Notification Not Required

WP/16/00525/FUL Applicant Mr Keith Taylor

Location 24 Oakley Drive, Wellingborough, Northamptonshire, NN8 3JZ. Proposal Single storey rear extension Decision Application Permitted

WP/16/00526/LDP Applicant Mr Duncan Brebner Lifespace Developments

Location 52 Ecton Lane, Sywell, Northampton, Northamptonshire. Proposal Application for lawful development certificate to establish that by virtue of the discharge of conditions application WP/16/00251/CND and the section 80 notification and section 81 acknowledgement for demolition of the existing property establishes the implementation of the two dwelling approval WP/14/00776/FUL. Decision Application Permitted

WP/16/00529/FUL Applicant Mr Tim Walsh

Location 68 Arkwright Road, Irchester, Wellingborough, Northamptonshire. Proposal Construction of single storey side extension. Decision Application Permitted

WP/16/00534/FUL Applicant Mr Karl Tapp

Location 12 Church Street, Finedon, Wellingborough, Northamptonshire. Proposal Single storey rear extension Decision Application Permitted

WP/16/00535/FUL Applicant Mr P Blackwell

Location 9 Albert Road, Wellingborough, Northamptonshire, NN8 1EL. Proposal Install external staircase from first floor flat to access allocated garden Decision Application Permitted

WP/16/00537/ADV Applicant Mrs Paula Bright

Location 10 Silver Street, Wellingborough, Northamptonshire, NN8 1BQ. Proposal Fascia sign and front window/door display Decision Application Permitted

WP/16/00541/FUL Applicant Mr John Hewitt Glazerite Windows Limited

Location 7-11 Stewarts Road, Wellingborough, Northamptonshire, NN8 4RJ. Proposal Change of use to include retail trade counter and open storage to existing B1/B2/B8 uses Decision Application Permitted

WP/16/00542/FUL Applicant Mr Phil Alexander

Location 69 Kingsway, Wellingborough, Northamptonshire, NN8 2PB. Proposal First floor extension and conversion of dwelling house into two dwellings - re-submission Decision Application Permitted

WP/16/00567/AMD Applicant Mr Keith Cullip

Location 197 Wollaston Road, Irchester, Wellingborough, Northamptonshire. Proposal Application for a non-material amendment to planning permission ref: WP/14/00672/FUL to extend the kitchen at rear in line with the rear wall of the wc (move wall back 2.26m) and provide 1 additional roof window over the kitchen Decision Application Refused

WP/16/00580/TPO Applicant Mr Fordyce

Location 3 The Dell, Earls Barton, Northampton, Northamptonshire. Proposal Works to 14 trees Decision Application Permitted

WP/16/00583/AMD Applicant Mr Stuart Wesselby Tresham Institute Of Further & Higher Education

Location Tresham Institute Of Further And Higher Education, Church Street, Wellingborough, Northamptonshire. Proposal Application for a non-material amendment to planning permission ref: WP/2013/0605/FM to limit the extent of the scheme to phase 1 only; minor amendments to elevations to reflect reduced building footprint and reduction in building overall height. Decision Application Permitted

WP/16/00618/TCA Applicant Mr Rob Leslie-Carter

Location Thingdon Cottage, 53 Stocks Hill, Finedon, Wellingborough. Proposal Pollarding to weeping willow Decision Application Permitted

WP/16/00619/TPO Applicant Mr Rob Leslie-Carter

Location Thingdon Cottage, 53 Stocks Hill, Finedon, Wellingborough. Proposal Pollarding to weeping willow Decision Application Permitted

BACKGROUND PAPERS

The background papers for the planning and building applications contained in this report form part of the relevant files appertaining to individual applications as referenced.

Borough Council of Wellingborough, Planning and Local Development, Swanspool House, Doddington Road, Wellingborough.

BUILDING REGULATIONS FULL PLANS DECISIONS ISSUED

03 Oct 2016 To 02 Nov 2016

App No Location Description Decision Rec'd Date 2 Month Decision Date Within 2 Date months

PS/2016/2995 Padbury Village Hall Install disabled Approve 01/08/2016 Yes 05/10/2016 Yes Main Street toilet and conditions Padbury remodel existing BCW Buckinghamshire toilets MK18 2AP

FP/2016/1653/B Land At Rear Construction of 3 Approve 19/08/2016 Yes 07/10/2016 Yes Gatehouse new residential conditions 31 Station Road dwellings with BCW Finedon associated Wellingborough infrastructure Northamptonshire and garaging

FP/2016/1512 135 The Ridge Single storey Withdrawn 13/04/2016 11/10/2016 Great Doddington rear extension Wellingborough and new ground Northamptonshire floor WC NN29 7TU

FP/2016/3758 Bowlers Yard 11 new build Accepted 06/10/2016 13/10/2016 58 High Street dwellings Earls Barton Northampton Northamptonshire

FP/2016/3730 20 Barnwell Gardens Proposed single Approve 06/10/2016 24/10/2016 Wellingborough storey rear conditions Northamptonshire extension and BCW NN8 5FJ new first floor over garage

FP/2016/3774 6 William Street Erection of rear Approved 19/10/2016 25/10/2016 Finedon single storey, flat Wellingborough roof extension Northamptonshire NN9 5EU

Page 1 of 1 Received appeals

Appeal Site Ref. No. Date Status Type of Received procedure

18C Oxford Street WP/16/00188/FUL 3 November Appeal in Written Wellingborough 2016 progress representations Northamptonshire NN8 4HY

52 Ecton Lane WP/16/00269/FUL 3 November Appeal in Written Sywell 2016 progress representations Northampton Northamptonshire NN6 0BA

Land adjacent to WP/16/00338/FUL 3 November Appeal in Written 33 Doddington Road 2016 progress representations Earls Barton Northampton Northamptonshire NN6 0NF

Appeal Decision Site visit made on 30 August 2016 by Richard Aston BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 21 October 2016

Appeal Ref: APP/H2835/W/16/3152114 30 High Street, Wellingborough, Northamptonshire NN8 4JZ  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Mr David Balfe against the decision of Borough Council of Wellingborough.  The application Ref WP/15/00244/FUL, dated 16 April 2015, was refused by notice dated 16 December 2015.  The development proposed is described as ‘erection of 12 no. supported living apartments with associated bin store and external works on land at the rear of 30 High Street, Wellingborough. Land accessed via gateway through listed wall on Salem Lane’.

Decision

1. The appeal is allowed and planning permission is granted for development described as ‘erection of 12 no.supported living apartments with associated bin store and external works on land at the rear of 30 High Street, Wellingborough. Land accessed via gateway through listed wall on Salem Lane’ at 30 High Street, Wellingborough, Northamptonshire NN8 4JZ in accordance with the terms of the application, Ref WP/15/00244/FUL, dated 16 April 2015, subject to the conditions set out in the attached schedule.

Procedural Matter

2. Since the appeal was submitted Policy 13 of the North Northamptonshire Core Spatial Strategy (‘NCSS’) as referred to in the Council’s reason for refusal, has been superseded by Policies in the North Northamptonshire Joint Core Strategy 2011 – 2031 (‘JCS’), adopted by the Council in July 2016. With regard to the appeal the Council refers to Policy 2 of the JCS. I am required to determine this appeal on the basis of the development plan and national policy which are in place at the time of my decision and accordingly I have determined the appeal on that basis.

Main Issues

3. The main issues are the effect of the proposal on the character and appearance of the Wellingborough Town Centre Conservation Area and the effect on the setting of the Friends Meeting House and 30 High Street, Grade II listed buildings and the United Reform Church, a Grade II* listed building.

Appeal Decision APP/H2835/W/16/3152114

Reasons

The appeal site and background

4. The appeal property is a roughly rectangular piece of land and is formed by part of the rear garden area that is associated with No. 30 High Street. The site contains a number of mature trees and is located within the Wellingborough Town Conservation Area (‘WTCA’).

5. There is an existing gated vehicular entrance from Salem Lane in the corner of the site and the site is bordered by a brick wall, approximately 2m in height which is also listed. On the opposite side of Salem Lane lies the United Reform Church and abutting the site to the north-west lies the Friends Meeting House.

Heritage assets

6. In 2009 planning permission was granted for the erection of eight retirement apartments, secure refuse and cycle store together with parking and associated works1. That permission appears to have followed the approval of a scheme in 2008 for six apartments2. At the same time, Listed Building Consent was granted for alterations to the listed wall3. Planning permission was then granted again in 20124 and a further application for Listed Building Consent was also approved on in 20125 for what appear to be very similar developments.

7. However, the Council contend that the development would now be contrary to new development plan policy and the more recent tests set out in the National Planning Policy Framework (‘the Framework’). In my view, the Council’s case does not provide any meaningful justification as to why there has been such a significant change to the Council’s earlier decision that a very similar proposal was acceptable, in terms of its effect on the WTCA or neighbouring listed buildings. Whilst each case must be determined on its own merits it is also important that similar cases are determined in a like for like manner although I am also mindful that the earlier permissions appear to no longer be extant.

8. Nevertheless, I find that the significance of this part of the WTCA mainly derives from its medieval street pattern and historic core and more relatively recent Georgian, Edwardian and Victorian inner suburbs and buildings. Along with its historic groupings of listed and non-listed cultural, residential and commercial buildings of varying sizes, types and of different ages there is a tight urban grain, frequent plot divisions and a modest scale to the WTCA. Buildings are predominantly constructed in locally sourced Wellingborough brick, Blisworth Limestone and Ironstone which, along with a sloping topography, sense of enclosure and presence of individual trees contribute to its appearance, history and significance.

9. Paragraph 132 of the Framework makes it clear that when considering the impact of a proposed development on the significance of a designated heritage asset great weight should be given to the asset’s conservation.

1 WP/2009/0409 2 WP/08/185/F 3 WP/2009/0410 4 WP/2012/0462 5 WP/2012/0461

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10. The proposal would retain sufficient space to the boundaries and the proposal would be of a much lower scale than surrounding buildings. The design and appearance of the building includes a number of vernacular architectural features such as white painted sash windows, overhanging eaves, moulded timber porches and stone banding detail. This would be sensitive to and reflective of, the prevalent vernacular of buildings within the WTCA and the details of which could be suitably controlled by condition, as suggested by the Council.

11. In my judgement, in an area with such a tightly knit pattern of development and wide variety of building types, forms and sizes the proposal would complement such variety and would be in keeping with the grain and pattern of development. It would not be an alien or incongruous feature and it would preserve the character and appearance of the WTCA.

12. Turning to the setting of surrounding listed buildings, the Framework states that the setting of a heritage asset is the surroundings in which it is experienced and that this can be more extensive than its curtilage. Heritage assets are clearly influenced by the comprehension of external factors and development within their setting, the extent of which is not fixed and can evolve over time.

13. In this case, the setting of all of the listed buildings is influenced by a variety of building styles, designs and sizes, of a variety of different forms and from different periods and located within an urban setting. The surroundings in which they are experienced include much larger and more modern buildings located further along Salem Lane and on High Street. Although close to the appeal site the United Reform Church has well defined historic boundaries and is clearly physically and visually separated from the appeal site by Salem Lane.

14. Although the walls, gate piers, steps, gates and railings are separately listed, I find they contrast with the simple form and appearance of the wall around the appeal site and form a distinctive feature in their own right. Overall, there would be a very limited perception of the proposal from that building and its curtilage. Moreover, I find that there is no historic or aesthetic connection between the appeal site and that building that forms part of how the significance of that asset is experienced.

15. Whilst the proposal would be located directly to the rear of the Friends Meeting House, it would appear subservient in scale and massing. In this particular case, the most important aspect of its setting, facing St John Street would be unaffected by the proposal. In terms of No. 30 High Street, whilst a building would be introduced into its rear curtilage I also find that the most important aspect of its setting is the frontage onto High Street. Its rear elevation has also been substantially altered and in my view, the lack of prominence of the proposal, its scale and siting would result in no harm to the significance of either building as a designated heritage asset, in terms of their setting.

16. The proposal also includes the enlargement of the existing gated entrance off Salem Lane to facilitate access. These works are relatively limited in scale and subject to appropriate materials would preserve the character and appearance of the WTCA and would not harm any designated heritage assets in terms of their setting.

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17. For these reasons, the development would preserve the character and appearance of the WTCA and would not harm the significance of neighbouring listed buildings in terms of their setting. It would not conflict with Policy WTC 12 of the Wellingborough Town Centre Area Action Plan or Policy 2 (a, b and d) of the JCS which, amongst other things and when read as a whole require the conservation and enhancement of the heritage of the town, that development conserves the setting of an asset or group of assets in a manner commensurate with its significance and complements the surrounding historic environment in terms of form, scale, design and materials.

18. In the context of the Framework, the proposal would not cause harm to the significance of a designated heritage asset and therefore does not conflict with the heritage objectives of the Framework.

Other Matters

19. I have been provided with a signed and dated legal agreement that restricts all of the units to ‘supported housing’, to be provided through a registered provider, that no unit shall be occupied unless the need has been assessed by the Council’s Social Services department and it is deemed that supported housing is required. Furthermore, that all units shall be constructed to a minimum category of 2 under Part M of the Building Regulations.

20. A planning obligation may only constitute a reason for granting planning permission if it would be necessary, directly related to the development and fairly and reasonably related to it in scale and kind as provided by Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) (CIL) and as reiterated in Paragraph 204 of the Framework.

21. In this particular case, I have not been provided with any substantive evidence from the Council that this is necessary to meet an existing shortfall or is required by the development plan. In the absence of sufficient justification, I cannot be satisfied that the agreement would comply with regulation 122 and I am unable to take it into account as a result. Accordingly, I have not given the agreement any weight and it has not been a reason for granting planning permission.

22. In reaching this view I have taken account of the concerns of third parties in relation to highway safety issues on Salem Lane. However, I note that the Council does not object to the proposal on such grounds and there are no objections from the highway authority. Having visited the site, I have no reason to disagree with their assessment and the proposal would not cause harm to highway safety.

Conditions

23. I have considered the conditions put forward by the Council and have amended the wording where necessary in the interests of clarity and simplicity. A condition is required to ensure compliance with the approved plans as this provides clarity. Although the materials are shown on the plans, a condition requiring samples of the external materials to be agreed is necessary, in order to preserve the character and appearance of the WTCA.

24. In the interests of highway safety and the living conditions of neighbouring occupiers, I have imposed a condition requiring a Construction Method Statement to be submitted and approved. A condition is also necessary for a

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written scheme of archaeological investigation, to ensure that features of historic interest are properly examined and recorded.

25. To prevent the increased risk from flooding, I have imposed a condition requiring details of a sustainable surface water drainage system to be agreed. The Council have requested a condition relating to crime prevention measures, but I have no details as to why such a condition would be necessary in this case and reference is made to a superseded policy. I have therefore not imposed it.

26. Conditions 3, 4, 5 and 6 are conditions precedent and I am satisfied that such conditions are fundamental to the development to ensure that development does not occur until such matters are resolved, in the interest of a combination of the effects on the character and appearance of the WTCA, heritage assets, flood risk and the living conditions of neighbouring occupiers.

Conclusion

27. For the reasons set out above and having considered all other matters raised, the proposal would not conflict with the development plan, when read as a whole or the Framework and I therefore conclude that the appeal should be allowed.

Richard Aston

INSPECTOR

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SCHEDULE

CONDITIONS 1) The development hereby permitted shall be begun before the expiration of three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the approved plans: 462.2e-001, 462.2e-002, 462.2e-003, 462.2e- 004, 462.2e-005, 462.2E-005 A, 462.2e-006, 462.2e-007, 462.2e-008 and 462.2e-009. 3) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted (including the wall) have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 4) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:

i) the parking of vehicles of site operatives and visitors and traffic management; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; v) measures to control the emission of dust and dirt during construction; vi) a scheme for recycling/disposing of waste resulting from demolition and construction works; vii) delivery, demolition and construction working hours.

The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 5) No demolition/development shall take place until a Written Scheme of Investigation shall have been submitted to and approved in writing by the local planning authority. The scheme shall include an assessment of significance and research questions and:

i) the programme and methodology of site investigation and recording; ii) the programme for post investigation assessment; iii) the provision to be made for analysis of the site investigation and recording; iv) the provision to be made for publication and dissemination of the analysis and records of the site investigation; v) the provision to be made for archive deposition of the analysis and records of the site investigation;

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vi) the nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

6) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition 5.

7) No building hereby permitted shall be occupied until surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. Before any details are submitted to the local planning authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to Defra's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Appeal Decision Site visit made on 3 October 2016 by Richard Schofield BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 05 October 2016

Appeal Ref: APP/H2835/D/16/3157455 7 Fairfield Road, Isham, Kettering, Northamptonshire NN14 1HF  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Mrs Rachel Ritchie against the decision of Borough Council of Wellingborough.  The application Ref WP/16/00114/FUL, dated 1 March 2016, was refused by notice dated 11 May 2016.  The development proposed is new single storey front extension, two storey side extension and rear extension (single storey), two storey/single storey rear extension, internal modifications.

Decision

1. The appeal is dismissed.

Main Issue

2. The main issue is the effect of the proposed development on the character and appearance of the area.

Reasons

3. The Council’s concerns are with the front and side aspects of the proposed extension and, as such, this decision focuses upon them.

4. 7 Fairfield Road (No 7) is one half of a pair of semi-detached two storey houses, which themselves are part of a short, distinctive run of matching post- war dwellings. Of these, only 9 Fairfield Road (No 9) has been altered to the front with a somewhat incongruous single storey extension in place of the characteristic full width overhang above the first floor windows and front door.

5. Although of no significant architectural merit, the simple form and detailing of No 7, in combination with its identically designed ‘mate’ at No 51, is appealing and it makes a positive contribution to the streetscene.

6. There is a significant gap between the pairs of dwellings, being part of the driveway area, with some low key single storey garages set well back from the street. This situation, with the long rear gardens beyond, and deep verges to the front, adds to the sense of spaciousness of this part of the street.

1 Albeit that No 7’s windows have been replaced.

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7. The appeal proposal would introduce an uncharacteristic full width ground floor extension to the front of the dwelling, with such alien features as a pitched roof porch and a fanlight over the front door. The two storey side extension would feature a hipped roof, which would fail to reflect, and appear markedly at odds with, the overwhelming gable roof design of the semi-detached dwellings on the street. This would be compounded by the prominence of the two storey side extension, contrasting with the extant low key single storey garage, which would serve to block the characteristic sense of space between Nos 7 and 9.

8. Overall, the scheme would fail to reflect the form of the host dwelling, unbalancing the distinctive symmetry of the semi-detached pair of which it is a part and diminishing the building’s positive contribution to the streetscene here.

9. Some other dwellings on the street have been altered, generally, in my judgment, to the detriment of their originally coherent design and resulting in the loss of the sense of balance inherent in well-design semi-detached units. Thus, I do not consider that the front extension to No 9 can be considered as setting any kind of precedent and nor am I persuaded that adding a further harmful addition to the street scene could be regarded as beneficial.

10. I conclude that the proposed development would have an adverse impact upon the character and appearance of the area. It would conflict with North Northamptonshire Core Spatial Strategy policy 13(h) and North Northamptonshire Joint Core Strategy policy 8(d)(i). These seek to ensure that new development responds to the site’s immediate and wider context; is of a high standard of design and architecture; and respects and enhances the character of its surroundings.

Other Matters

11. The occupiers of 9 Fairfield Road have raised concerns about the impact of the proposal upon their living conditions, notably in relation to light and outlook. I share their concerns in relation to the latter point, given the height and proximity of the side extension, and had I not found harm in relation to character and appearance I would have explored this matter further with the parties. As I am dismissing the appeal on the main issue, however, I have not considered this matter further.

Conclusion

12. For the reasons given above, and taking all other matters into consideration, I conclude that the appeal should be dismissed. Richard Schofield

INSPECTOR