North Area Committee -5th October 2006
Application Number: 06/01371/FUL
Decision Due by: 28th August 2006
Proposal: Erection of detached single storey studio and ancillary accommodation in the rear garden
Site Address: 109 Banbury Road Oxford Oxfordshire OX2 6JX (Site plan Appendix 1)
Ward: St Margarets Ward
Agent: Allied Design Associates Applicant: Mr Fiorentino
Application Called in – by Councillors – Campbell, Tall, Royce, Van Zyl and Fooks for the following reasons – impact on the conservation area, loss of garden space and possible traffic implications
Recommendation:
Application be Approved, for the following reasons:
1 The Council considers that the proposal accords with the policies of the development plan as summarised below. It has taken into consideration all other material matters, including matters raised in response to consultation and publicity. Any material harm that the development would otherwise give rise to can be offset by the conditions imposed. subject to the following conditions, which have been imposed for the reasons stated:-
1 Development begun within time limit 2 Samples in Conservation Area 3 No self-contained accommodation 4 Landscape protect trees shown on plan 5 System for ground protection of tree roots 6 Further details of joinery
Main Local Plan Policies: Oxford Local Plan 2001-2016 CP1 - Development Proposals CP7 - Urban Design
REPORT CP8 - Design Development to Relate to its Context HE7 - Conservation Areas HS19 - Privacy & Amenity
Other Material Considerations:
This application falls within the North Oxford Victorian Suburb Conservation Area.
PPS1 Delivering Sustainable Development PPG15 Planning and the Historic Environment Conservation Site Appraisal by Dr N Doggett (Appendix 2) Arboricultural Report by PG Biddle (Appendix 3)
Relevant Site History: 93/138/LH Conservation Area consent for partial demolition at rear. REFUSED 21.4.93
93/139/NFH Rebuilding: 4 storey (including roof-space) extension to house, 2 storey to rear to enlarge flats. 1 storey side extension for garage. Closure of access on Banbury Road/Rawlinson Road corner, new access onto Banbury Road with 5 car spaces. REFUSED 21.4.93
93/529/LH CAC for partial demolition at side and rear including fire escape and stair APPROVED 21.7.93
93/530/NFH Rebuilding at side and rear. 3 storey extension. Formation of hardstanding to provide two off-street car parking spaces in the front garden including removal of an ornamental cherry tree. APPROVED 21.7.93
99/127/NFH Change of use from 6 flats to guest house (9 guest bedrooms and 1 bed flat for residential staff). Provision of 7 parking spaces plus 2 spaces for proprietor at 109A. APPROVED 11.5.99
01/1894/FUL Subdivision of rear garden and erection of 2 storey 3 bedroom detached house with integral garage accessed from Rawlinson Road. REFUSED 15.12.2001
02/2261/FUL Erection of 6 bedroomed house on 3 levels. Provision of 4 parking spaces to forecourt. REFUSED 23.01.2003 Appeal Dismissed 13.10.03
Representations Received: 14 letters of objection received, making the following points:
• Design is out of character with Conservation Area • Backland development • Loss of privacy to neighbour • Loss of light to neighbour • What is use of upstairs rooms • Loss of trees
REPORT • Potential for new vehicular access • Noise intrusion from use of the building • Inability to maintain studio due to proximity to boundary
• Also lack of consultation/inadequate advertisement in Conservation Area • Plans are misleading
Statutory and Internal Consultees: Oxford Preservation Trust, St Margarets Area Society, Oxford Architectural & Historic Society,
Site Notice The application has been advertised as affecting the Conservation Area. Comments were received that the original notice was sited in a location which was not visible to local residents/members of the public. A further notice was sent to the applicant which was displayed clearly in the street with a revised (later) deadline for consultation responses.
Issues: Principle of Development, design, neighbourliness and trees.
Officers Assessment:
Site location and description
1 The site is located on the north west corner of Banbury Road and Rawlinson Road, one mile from the centre of Oxford within the North Oxford Victorian Suburb Conservation Area. 109 Banbury Road faces onto the Banbury Road and was built in 1889. It is a three storey building which is divided into flats. An extension was added to the rear in 1993 which provides separate accommodation for the applicant.
2 To the rear of 109 is a large garden that is enclosed by 1.8m high brick walls. There are a number of trees in the garden which are protected by virtue of their situation in the Conservation Area. There are currently two sheds located in the area proposed for development. The site is bounded by D’Overbroeck’s College to the north side and at No. 2 Rawlinson Road there is a nursery on the ground floor and 2 flats above.
Proposed Development
3 The proposal seeks planning permission for the erection of a detached single storey studio and ancillary accommodation to be located on the boundary with No. 2 Rawlinson Road.
REPORT Principle of Development
4 Policy CP1 of the adopted Local Plan expects development to enhance the quality of the environment. It expects development to show a high standard of design, and use materials that are appropriate. CP1 and HE7 require that developments should preserve or enhance the special character of conservation areas.
5 Policy CP7 states that the need for good urban design is central to good land use planning. This ensures that the relationship between different buildings, and buildings and streets are appropriate for the site and the surrounding area. Policy CP8 expects that new development should create an appropriate visual relationship with the form, grain, scale, materials and details of the surrounding area.
6 Policy HS19 states that planning permission will only be granted for development that provides for the protection of the privacy or amenity of occupants of neighbouring dwellings.
Background
7 Planning application 02/2261/FUL sought permission for a 6 bedroom house on 3 levels. This application was refused. The Council’s reasons for refusal included a comment that ‘only small scale, ancillary buildings, related to 109, of architectural quality should be considered as sympathetic and suitable development’.
8 This decision was taken to appeal which was subsequently dismissed. In summarising the case, the Inspector made some key points about the character and appearance of the conservation area:
• Rawlinson Road is one of the best preserved roads • Return boundaries are important elements of the overall character and have a rarity value and significance as some have already been lost to development. They provide space between buildings and visual relief, allowing views in depth of landscaped gardens. The bounday details i.e. walls and fences, provide a continuity on the back edge of the footpath and provide a sense of enclosure. • Proposals that fill the major part of the gap would intrude unacceptably undermining the garden suburb principles and landscaped appearance. • A smaller ‘independent’ building would appear out of scale.
9 It has taken the applicant two years to convert this advice into revised proposals. During this time, the applicant has undertaken an analysis of the character of the conservation area and continued a dialogue with the Conservation Team on design principles, which has resulted in this latest submission.
REPORT Design/Visual Impact/Impact on Conservation Area
10 There are historic precedents for ‘outbuildings’ associated with the large houses in North Oxford and it is clear that the proposal attempts to reflect this in the scale, form, height and siting of the building. It has a very simple traditional form tucked into the north west corner of the site. The glazed link is a reference to lean-to glass houses and helps to reinforce the ancillary character of the building. The small window in the gable and the velux in the roof are to allow better natural lighting as internally, the rooms are open to the roof. It is important, in order to retain its relationship as an ‘outbuilding’ to 109 that it is not divided off from the main house or given its own separate access. It is intended that the proposed development remains as part of the garden of 109 and therefore there is no need for a separate access.
11 From the street all that would be visible would be parts of the tiled roof and the principle gable. The existing boundary wall would retain the sense of enclosure and continuity. The additional tree planting proposed will maintain the tree cover and help to reinforce the garden suburb qualities, softening the presence of the building from within the site. It is proposed to use red brick with plain clay tiles which are appropriate materials in this location.
12 The detail for the joinery, the bay window and the glazed entrance is not clear but these architectural elements could be controlled by a condition requesting further detail.
Impact on Neighbours
13 The proposed development would be set 0.1 metre from the boundary with No. 2 Rawlinson Road, which itself is set 0.7 metre from the boundary. The east facing windows in the side elevation of No. 2 Rawlinson Road are secondary and as such it is not considered that a loss of light will be experienced as a result of the development. As the building is single storey it is not considered that it will be overbearing to the neighbour. The majority of windows on the proposed studio face into the application site. There are two windows that face towards the boundary wall shared with 111 Banbury Road but these will not result in a loss of privacy.
Impact on Trees
14 The proposed development would be situated approximately 2.8 metres from the trunk of a pollarded lime tree. The tree has been pollarded in the past to a height of 6 metres and its overall height now is approximately 10 metres. The tree officer comments that because the tree has been pollarded, it has a well established root system with a high root to crown ratio that will be able to tolerate a level of reduction to its root system. The wind firmness of the tree whould not be affected by excavations that are between 2.5 and 3m away. Conditions can be attached to ensure the protection of the tree during construction using fencing to the extent of the spread of the crown and to provide ground protection via a concrete slab during construction to avoid
REPORT damage to the roots of the tree. As already discussed, additional tree planting is proposed which will soften the impact of the proposed development and be in keeping with the conservation area.
Conclusion
Both the City Council and the Appeal Inspector suggested that if the proposal did not fill the gap and was small scale and ancillary in nature then it would be better able to be accommodated on the site without undermining the character or appearance of the conservation area. The applicant has worked hard to achieve this and subject to conditions which restrict any permitted development rights to extend the building, provide a separate access or subdivide the garden with boundary fences or walls and control over detail and materials then this building would not harm the conservation area. As such North Area Committee is recommended to support the application
Human Rights Act 1998
Officers have considered the Human Rights Act 1998 in reaching a recommendation to grant planning permission, subject to conditions. Officers have considered the potential interference with the rights of the owners/occupiers of surrounding properties under Article 8 and/or Article 1 of the First Protocol of the Act and consider that it is proportionate.
Officers have also considered the interference with the human rights of the applicant under Article 8 and/or Article 1 of the First Protocol caused by imposing conditions. Officers consider that the conditions are necessary to protect the rights and freedoms of others and to control the use of property in accordance with the general interest. The interference is therefore justifiable and proportionate.
Section 17 of the Crime and Disorder Act 1998
Officers have considered, with due regard, the likely effect of the proposal on the need to reduce crime and disorder as part of the determination of this application, in accordance with section 17 of the Crime and Disorder Act 1998. In reaching a recommendation to approve officers consider that the proposal will not undermine crime prevention or the promotion of community safety.
Background Papers: Application 06/01371/FUL Contact Officer: Mary Rowe Extension: 2160 Date: 7th September 2006
REPORT
REPORT