69 1 SUMMARY 1.1 Permission Is Sought for a Residential

DEVELOPMENT CONTROL COMMITTEE – 7th April 2015 10 APPLICATION NO DC/14/4128/FUL LOCATION Land At Stoven Close Lowestoft Suffolk

EXPIRY DATE 24 th March 2015 APPLICATION TYPE Full Application APPLICANT Orwell Housing Association

PROPOSAL Construction of 4 No. houses, 2 No. flats and 6 bay residents parking area

DO NOT SCALE SLA100042052 Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

1 SUMMARY

1.1 Permission is sought for a residential development which comprises three houses, one bungalow, two flats and a six space parking area on land part of which is currently used as an amenity area and car park. This is an affordable housing scheme, all of which will provide rented accommodation.

1.2 The application comes before the Committee because the application site is owned by Waveney District Council.

2 SITE DESCRIPTION

2.1 The area is characterised by terraced housing located on Westhall Road, Stoven Close, Rumburgh Road and Wissett Way which back onto a regular-shaped grassed area which is transected by two footpath routes, and flanked to the north and south by two communal parking areas.

2.2 The application site consists of three areas:

2.3 Rear of No’s 30-36 (even) Westhall Rd and Rear of No’s 15-17 Stoven Close . This is part of a larger informal grassed area divided by two footpaths linking Westhall Road to the west, Stoven Close and a parking area to the north, Rumburgh Road to the east and Wissett Way and another parking area to the south.

2.4 East of No.15 and South of No.14 Stoven Close – Located on part of the northern communal car park providing approximately 18 car parking spaces which serve residents of Stoven Close.

2.5 West of 10-13 Stoven Close – Part of the fringe of a much larger area of Public Open Space.

3 PROPOSAL

3.1 The application proposes an affordable housing scheme comprising:

3.2 Three two-storey, two bedroom terraced houses and a one bed bungalow backing onto the existing terrace of No’s 30-36 Westhall Road and abutting the rear boundaries of No’s 15- 17 Stoven Close.

3.3 A pair of one bedroom flats on the parking area between No.15 Stoven Close and No.17 Rumburgh Road whilst utilising the remaining area of 10 spaces to provide car parking for the proposed development.

3.4 The creation of a new parking area accessed from Stoven Close, providing 6 off street car parking bays to be set out formally for the benefit of existing residents.

4 CONSULTATIONS/COMMENTS

Neighbour consultation/representations

4.1 Letters of objection have been received and the following comments raised in relation to the two rounds of neighbour consultation carried out:

4.2 Andrew Davies (address not supplied)

• Loss of this play area at the rear of their home. The play area has no vehicular traffic their children can be physically seen and heard from the house whilst playing on the site. • The proposals will result in this amenity being taken away. • Privacy - clear view into living room windows. • Properties are closer than a limit they believe to be in force of 24m. • Rear alleyway proposed will be unsafe for children entering an alley way to come home from school and that unlit space will make matters worse.

4.3 Mr. & Mrs Woolston (30 Westhall Close):

• Concerns relating to overlooking and of blocking out light to homes and gardens. • Proposed alleyway will cause security issues, antisocial behaviour and criminal activity. • Noise issues from new residents due to close proximity. • Lack of existing parking and the proposals will make the situation worse. • Increased traffic in the area. • Extra burden on the sewerage system. • The interface distance not the required 24m.

4.4 Mr. & Mrs D. Smart (11 Rumburgh Road)

• Proposed development is too close to existing houses. • The development will result in a loss of light. • There will be more pressure on the sewerage system which has existing problems. • Other sites such as the existing underused play area nearby would be a more appropriate location for the proposals.

4.5 Mrs. P Warren (16 Westhall Road)

• Noise concerns from the close proximity of the development. • Danger from additional traffic. • Concerns about the construction noise and traffic.

4.6 A petition has been received against the proposed development, signed by residents concerned about the effect of the development on the local community. The concerns are stated as:

• Increased amount of traffic in the area. • Lack of parking for existing residents. • Extra burden on the sewerage system – existing small pumping station continually has problems. • Residents’ security – alleyways between the perimeter rear gardens, possible criminal and anti-social behaviour in darkened areas. • Possible noise pollution from new residents in close proximity of existing housing. • Current residents being overlooked. • Blocking of light to existing properties.

4.7 The petition as the following signatures:

P. Woolston (30 Westhall Road) D. Woolston (30 Westhall Road) R. Williamson (26 Westhall Road) M. Rameles (28 Westhall Road) K. Warren (16 Westhall Road) V. Knights (3 Wissett Way) K. Mumshall (1 Rumburgh Road) N. Watt (5 Rumburgh Road) S. Cleod (7 Rumburgh Road) K. Cook (9 Rumburgh Road) S. Smart (11 Rumburgh Road) D. Smart (11 Rumburgh Road) S. Harlow (15 Rumburgh Road) E. Cameron (17 Rumburgh Road) D. Barber (15 Stoven Close) S. Dunn (16 Stoven Close) T. Dunn (16 Stoven Close) 71

J. Gurney (16 Stoven Close) L. Gurney (16 Stoven Close) D. Damerell (17 Stoven Close) L. Tarrant (17 Stoven Close) C. Buckenham (19 Stoven Close) R. Davis (36 Westhall Road) Y. Gooderham (32 Westhall Road) W. Chier (34 Westhall Road) E. Romeo (6 Stoven Close) V. Carroll (3 Stoven Close) D. Alderman (13 Stoven Close)

Consultees

4.8 Anglian Water - were consulted on the 12 January 2015.

4.9 Essex and Suffolk Water PLC - We would advise you that our existing apparatus does not appear to be affected by the proposed development. We have no objection to the development subject to compliance with our requirements. Consent is given to this development on the condition that a new metered water connection is made onto our Company network for each new dwelling for revenue purposes.

4.10 Waveney Norse - Property and Facilities were consulted on the 12 January 2015.

4.11 WDC Environmental Health - Contaminated Land - The NPL report submitted with the application has identified that there is the potential for contamination to exist in the made ground below the hard standing areas. The report recommends that a competent person from NPL visits the site during site clearance to examine the material beneath the hard standing and to take any soils samples deemed necessary.

4.12 Made ground is inherently associated with contamination (PAHs, heavy metals, fuels and asbestos) so I would concur with this recommendation and the site should not be developed until such time as it has been confirmed that the site is or can be made suitable for the intended residential end use.

4.13 This work, and any remediation or validation which may subsequently be required, could be secured using the ‘suite of model planning conditions’.

4.14 Suffolk County - Highways Department - This proposal is unlikely to have any significant impact on the highway network in the area.

SITE NOTICES

4.15 The following site notices have been displayed:

General Site Notice Reason for site notice: New Dwelling, Date posted 14.01.2015 Expiry date 03.02.2015

5 PLANNING POLICY

5.1 The Waveney Core Strategy was adopted in January 2009.The following policies are relevant to the consideration of this application:

• CS01 Spatial Strategy • CS02 High Quality and Sustainable Design • CS11 Housing

5.2 Development Management Policies were adopted in January 2011. The following policies are relevant to the consideration of this application:

• DM01 Physical Limits • DM02 Design Principles • DM03 Sustainable Construction • DM16 Housing Density • DM17 Housing Type and Mix • DM18 Affordable Housing • DM25 Existing and Proposed Open Space

5.3 The National Planning Policy Framework (NPPF) is also relevant to this proposal.

6 PLANNING CONSIDERATIONS

6.1 Principle of Development. Core Strategy Policy CS01 sets out the spatial vision for the district. Lowestoft is identified as the main town and will accommodate approximately 80% of the housing growth for the District. The site is within the “physical limits” identified for Lowestoft under Development Management policy DM01, where new development will be accommodated.

6.2 Policy CS01 also sets out that the focus for development will be on previously developed land within built-up areas, with more than 50% of housing expected to be delivered on brownfield sites. In the National Planning Policy Framework (NPPF) previously developed land is defined as land which is or was occupied by a permanent structure, including the curtilage of the developed land. It should be noted that only part of the site as such, meets the definition of ‘previously’ developed land, which the policy states should be the focus of development.

6.3 In order to achieve a good quality environment in which to live, regeneration is considered to be a key objective at all levels of planning policy. The NPPF actively seeks to bring vacant and underused previously developed land back into productive use and to promote urban regeneration whilst helping to militate against declining environmental quality. The applicant considers the site to meet this definition and considers that the proposed development will contribute towards achieving these goals.

6.4 In accordance with policy CS11 the sequential approach to proposals for development should be taken, with previously developed land within physical limits of settlements being the first choice. As such, it is considered that this proposed development is broadly compliant with policies CS01 and CS11 of the Core Strategy and DM01 of the Development Management Policies.

6.5 The site is within 15 minutes walking distance of a full range of facilities including shops, school, surgery, public transport and other community facilities. There are therefore some wider economic and social benefits to the use of this site for housing.

6.6 The applicant has stated that this development is much needed and has cited the ‘Indicators of Need and Demand for Affordable Housing in Lowestoft, Carlton Colville and Kessingland Report 2013’.

6.7 The report confirms there to be a high demand for smaller (1 bed) affordable flats in the Lowestoft Area, as reflected by the needs identified and that there is a considerable mismatch between the size of properties needed (predominantly one and two bedroom) and the housing stock available (48% having 3 or more bedrooms). It concludes that existing social housing stock cannot meet the area’s need for 1 and 2 bedroom properties.

6.8 Impact on Residential and Visual Amenity. The initial design of the scheme has been amended in two ways.

6.9 Firstly, by the reduction in overall height proposed for end terrace property proposed to the north. The applicant has replaced the two-storey house initially proposed with a single- storey bungalow following concerns regarding the impact upon the outlook of the residential occupiers at the rear of No’s 15 & 16 Stoven Close. Whilst the building’s footprint has increased slightly to compensate, this is not seen to have resulted in further issues elsewhere in the overall design.

6.10 Secondly, by the re-positioning of the flat block within its plot, which has been re-sited eastwards so as to reduce the impact of the development on No.15 Stoven Close.

6.11 The application proposals are appropriate in scale and appearance to the surrounding buildings; both blocks have plain façades and will be finished in red brick, grey pantiles and white upvc fenestration/ doors to provide a common theme throughout, and to remain in keeping with Stoven Close. It is considered therefore that the proposed development will complement the scale and appearance of the surrounding area.

6.12 The relationship between the proposed buildings and No’s 30 – 36 Westhall Road, No’s 15 - 19 Stoven Close and No.11 - 17 Rumburgh Road have been carefully considered given the potential problems of undue overlooking and possible consequential loss of privacy or overshadowing to surrounding properties.

6.13 The revised scheme is considered to provide appropriate separation distances which, along with the careful placement of windows, has created an informed scheme which is considered to acceptably mitigate the effects of the development upon neighbouring occupiers in accordance with policies CS02 (High Quality and Sustainable Design) and DM02 (Design Principles).

6.14 Housing developments should make efficient use of land but regard should also be had to the characteristics of the local area. Policy DM16 sets out that proposals for residential development will be permitted provided that the development makes best use of the site in a manner that protects or enhances the distinctiveness and character of the area.

6.15 The proposed density of this development is particularly high at approximately 60 units per hectare. The applicant concedes this but reasons that it is compatible with the general character of the area which comprises relatively dense residential development in terraced blocks adjacent to open areas. It should also be noted that in accordance with Central Government’s aim of encouraging the deliverability of smaller dwellings, the provision of two one- bed flats also contributes towards this higher figure.

6.16 The proposals are considered to generate an acceptable level of residential amenity for new residents and the overall design, layout, outlook and amenity of the flats would create an acceptable living environment.

6.17 Impact on Open Space Provision. Policy CS14 advises that the Council will protect open spaces. The development proposed is to be located on land which is informal open space.

6.18 The main development site (four houses involving 440 sq. m site area) sits at the western end of an informal unequipped open space (0.11 hectares). This land is in the ownership of Waveney District Council. Some 670 sq. m will be retained as open space under these proposals.

6.19 There is a conflict between policy aims i.e. the loss of informal open space against the high demand for affordable housing as demonstrated by the ‘Indicators of Need and Demand for Affordable Housing in Lowestoft, Carlton Colville and Kessingland Report 2013’.

6.20 The Council is presently consulting on a revised SPD Open Space Needs Assessment (Dec 2014). This document recognises that North Lowestoft has a reasonable amount of informal open space in comparison to other areas in the Waveney district, although it also recognises that there is a shortage of formal open space.

6.21 There are several areas of larger public open spaces in relatively close proximity to the site. The applicant’s consultation with the Council’s Property Services Team provides confirmation that improvements to the Stoven Close formal play area are being considered and that they do not consider that the small area of land that is proposed to be used for car parking for existing residents undermines the quality of the public open space provision.

6.22 The applicant has advised that the proposed car parking area for existing residents (measuring 87 sq. m) will have little impact on the larger open space (0.54 hectares). This loss amounts to approximately 1.6 % of the overall area of what is termed ‘fringe location’ (as recognised by the Councils Property Services Team).

6.23 It is considered that the demonstrable significant shortage of affordable housing in Lowestoft and surrounding areas would be assisted by this proposal. The applicant claims that the scheme will help to alleviate this deficit at the expense of what is in reality a burden in terms of on-going maintenance and that furthermore, the area will benefit from additional potential natural surveillance from both the proposed houses and flats.

6.24 Given that there is a large public open space fronting Stoven Close only 50 metres away from the site, providing more welcoming formal play facilities for toddlers and juniors and informal space for older children, it is considered that that loss of this informal area is outweighed by the benefits brought that the scheme.

6.25 Impact on Car Parking and Highway Safety. The proposed development will have its own car parking area providing 10 spaces (6 for occupiers and 4 visitor spaces).

6.26 The applicant has carried out a car parking survey of the two parking areas closest to the site. This was carried out when residents were more likely to be at home and therefore likely to be exerting higher demand on such facilities.

6.27 The survey involved 6 separate visits covering both car parking areas; identified as Car Park A (the site where 2 flats and ancillary parking are proposed) and Car Park B which remains a car park. Both areas can currently accommodate approximately 18 vehicles each.

6.28 The surveys revealed that the level of use of Car Park A varied between 22% and 39% whilst at Car Park B it varied between 22% and 44%. These surveys have revealed that both car parks have roughly the same low level usage.

6.29 The applicant has concluded that the additional 6 bays to be provided fronting Stoven Close should adequately compensate for the loss of Car Park A, that there is clearly significant additional capacity in Car Park B should any additional pressure emerge and that Stoven Close benefits from two further car parking areas which can accommodate approximately 11-12 cars between them.

6.30 The survey also notes that a total of 4 of the 19 properties in Stoven Close have their own off-street hard standing areas and that one vehicle has the benefit of an informal space fronting No. 19 Stoven Close.

6.31 The loss of 18 no. parking spaces is offset to some extent by the provision of 6 no new car parking spaces for existing residents. The applicant has carried out a survey of current use of the two car parks closest to the site and identified low demand from local residents. On

that basis, the applicant’s argument of current overprovision is difficult to counter, given the replacement spaces proposed.

6.32 Suffolk County Council Highways Authority has not raised any particular concerns relating to parking or highway safety and therefore it is reasonable to conclude that these proposals should not create any additional pressure for parking elsewhere in the area are therefore acceptable.

7 CONCLUSION

7.1 Whilst there were some concerns with the initial scheme submitted by the applicant, the revised scheme is considered to address all major concerns relating to development on this site. The principle of the development accords with Core Strategy and will contribute toward the provision of the much needed affordable housing. Accordingly, the application is recommended for approval.

RECOMMENDATION

That permission is granted subject to the completion of a section 106 agreement and the imposition of the following conditions:

1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.

Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.

2. The development hereby permitted shall not be brought into use until it has been completed in all respects strictly in accordance with drawing numbers SLOC REV A, 01PL03 REV A received 12 th December 2014 and PL01 REV C and SL01 REV C received 18 th February 2015, for which permission is hereby granted or which are subsequently submitted to and approved in writing by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.

Reason: To secure a properly planned development.

3. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 4 to 7 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 7 has been complied with in relation to that contamination.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

4. An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject

to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: - human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

5. A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

6. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

7. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 4, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 5, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 6.

8. The use shall not commence until the additional car parking area shown on submitted drawing number SLO1 REV C for the parking of vehicles has been provided and thereafter that area shall be retained and used for no other purposes.

Reason: To ensure that sufficient space for the parking of vehicles is provided and maintained in order to ensure the provision of adequate space for the parking of vehicles.

9. Before the development begins, details of the siting, height and type of screen walls and fences shall be submitted to and approved by the Local Planning Authority. No building shall be occupied until the boundary treatment approved has been erected between each adjacent dwelling hereby permitted, and shall be subsequently retained; unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of neighbour amenity and in order to enhance the appearance of the locality.

10. No development shall commence until the agreed foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

Reason: To prevent environmental and amenity problems arising from flooding.

11. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hard standings should be passed through trapped gullies with an overall capacity compatible with the site being drained.

Reason: to prevent pollution of watercourses or groundwater.

12. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels; car parking layouts; hard surfacing materials; structures (e.g. refuse or other storage units); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed number/densities where appropriate; implementation programme.

Reason: To ensure the provision of amenity afforded by appropriate landscape design.

13. The landscaping scheme shall be completed within 12 months from the completion of the building shell, or such other date as may be agreed in writing with the Local Planning Authority. Any trees or plants which die during the first 3 years shall be replaced during the next planting season.

Reason: to ensure the satisfactory external appearance of the building.

14. Samples of all external facing and roofing materials shall be submitted to and approved by the Local Planning Authority before development commences. Development shall be carried out in accordance with the approved samples.

Reason: To ensure the satisfactory external appearance of the development.

15. Prior to the occupation of the final dwelling a final Code for Sustainable Homes certificate for each dwelling shall be submitted to and approved in writing by the Local Planning Authority. The final certificate shall be produced by an accredited assessor and demonstrate compliance with code level 3.

Reason: To ensure the delivery of sustainable construction.

BACKGROUND INFORMATION: See application ref: DC/14/4128/FUL at www.waveney.gov.uk/publicaccess

CONTACT Paul Vertigen (Area Planning & Enforcement Officer) Tel. 01502 523021