Planning Committee

PLANNING COMMITTEE

AGENDA

Planning Officers will be available in the Guildhall from 1.00pm to respond to questions on the detail of applications from Members. The late papers will be available at that time.

Date: Thursday, 22nd August, 2013

Time: 1.30 pm

Venue: Guildhall

PLANNING COMMITTEE Members o f the C ommittee :- Chairman: Councillor David Wilkinson (C) Vice -Chairman: Councillor Pa tricia Agar (L)

Councillor Alan Amos (L) Councillor Andrew Roberts (C) Councillor Roger Berry (L) Councillor Robert Rowden (C) Councillor Lynn Denham (L) Councillor Aubrey Tarbuck (C) Councillor Paul Denham (L) Councillor Dr David Tibbutt (C) Councillor Derek Prodger MBE (C) Councillor Geoff Williams (L)

C = Conservative L = Labour

Information for Members of the Public

Access to the Guildhall is via the front entrance in the High Street. The nearest car park is Copenhagen Street (pay and display). If you are a wheelchair user or have restricted mobility, access to the Guildhall can be gained either through the door on the right side of the forecourt as you face the Guildhall, or through the sliding doors at the rear of the Guildhall. There is dedicated disabled parking space at the rear (access via Copenhagen Street). Most meetings are held on the ground floor, which can be reached by using a lift. If you are a wheelchair user or have restricted mobility and you wish to attend a meeting, please telephone or email the officer mentioned below in advance and we will make any necessary arrangements to assist your visit.

Part I of the Agenda includes items for discussion in public. You have the right to inspect copies of Minutes and reports on this part of the Agenda as well as background documents used in the preparation of these reports. Details of the background papers appear at the foot of each report. Part II of the Agenda (if applicable) deals with items of 'Exempt Information' for which it is anticipated that the public may be excluded from the meeting and neither reports nor background papers are open to public inspection.

At the start of the meeting under the item 'Public Participation' up to fifteen minutes in total is allowed for members of the public to present a petition, ask a question or comment on any matter on the Agenda. Participants need to indicate that they wish to speak by 4.30 p.m. on the last working day before the meeting by writing, faxing, telephoning or E-Mailing the officer mentioned below .

The taking of photographs, film, video or sound recording is prohibited unless with the express prior consent of the person presiding at the meeting.

If you have any queries about this Agenda or require any details of background papers, please contact Margaret Johnson, Democratic Services Administrator, Democratic Services, Guildhall, Worcester. WR1 2EY Telephone: 01905 722085 (direct line); fax 01905 721120; Typetalk: 18001 01905 722233. E-Mail Address: [email protected]

This agenda can be made available in large print, braille, on PC disk, tape or in a number of ethnic minority languages. Please contact the above named officer for further information.

Agendas and minutes relating to all City Council Committees, Cabinet and Council Meetings are also available electronically, click on the option “Committee Minutes and Documents”, Website Address: Worcester.gov.uk

2 Planning Committee Thursday, 22 August 2013

AGENDA

Part 1 (ITEMS FOR DISCUSSION AND DECISION IN PUBLIC)

1. Appointment of Substitutes To receive details of any Member nominated to attend the meeting in place of a Member of the Committee.

2. Declarations of Interest To receive any declaration s of interest.

3. Minutes of the meeting held on 25 th July 2013 to be Page(s) 1 - 14 approved and signed.

4. Conservation Areas Advisory Minutes of the meeting held on 10 th July Committee 2013 to be received. Page(s) 15 - 22

5. Inspections Such inspections of current application sites as may have been recommended by Officers and as may be approved by the Committee.

Members should inform the Development Services Manager of any requests for site visits by 3.00 p.m. on the Tuesday immediately prior to the meeting (20 th August 2013) and reasons for the request.

Site visits will be conducted in accordance with the procedure attached which forms part of the Council’s Good Practice Protocol for Members and Officers dealing with Planning Matters.

6. Public Participation Up to a total of fifteen minutes can be allowed, each speaker being allocated a maximum of five minutes, for members of the public to present a petition, ask a question or comment on any matter on the Agenda or within the remit of the Committee in accordance with Committee Procedure Rule 5.

7. Public Representations Members of the public will be allowed to address the Committee in respect of applications to be considered by the Committee in accordance with Committee Procedure Rule 6.

8. Performance Progress Report To report progress in relation to Page(s) 23 - 26 performance on the processing of planning Ward(s): N/A applications.

Contact Officer: Paul O'Connor, Development Services Manager Tel: 01905 722534

9. Application P13Q0221 - Former The Development Services Manager Ronkswood Hospital, Newtown recommends that Planning Committee Road endorses the suggested refusal reason had Page(s) 27 - 52 the application been determined. Ward(s): Warndon Parish South Plans Schedule Page(s): 11-12 Contact Officer: Nick Kay, Senior Planning Officer Tel: 01905 722560

10. Application P13K0 353 - 86 The Development Services Manager Laugherne Road recommends that planning permission is Page(s) 53 - 58 granted, subject to the conditions set out in Ward(s): St. John the plans list. Plans Schedule Page(s):32-33 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523 4

11. Application P13F0306 - Ullswater The Development Services Manager Close recommends that the Committee be Page(s) 59 - 70 minded to grant planning permission, Ward(s): Gorse Hill subject to the completion of a Section 106 Plans Schedule Agreement and to the conditions set out in Page(s):20-27 the plans list. Contact Officer: Nick Kay, Senior Planning Officer Tel: 01905 722560

12. Applicat ion P13N0298 - The Development Services Manager Brookthorpe Close recommends that the Committee be Page(s) 71 - 80 minded to grant planning permission, Ward(s): Warndon subject to the completion of a Section 106 Plans Schedule Agreement and to the conditions set out in Page(s):16-20 the plans list. Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

13. Application P13D0284 - Heron The Development Services Manager Lodge, London Road recommends that planning permission is Page(s) 81 - 92 granted, subject to the conditions set out in Ward(s): Cathedral the plans list. Plans Schedule Page(s):12-16 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

14. Application P13D0334 - 33 Diglis The Development Services Manager Lane recommends that planning permission is Page(s) 93 - 102 granted, subject to the conditions set out in Ward(s): Cathedral the plans list. Plans Schedule Page(s):28-32 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

15. Application L13D0077 - 18 -20 The Development Services Manager Silver Street recommends that listed building consent is Page(s) 103 - 112 granted, subject to the conditions set out in Ward(s): Cathedral the plans list. Plans Schedule Page(s):1-10 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

16. Application P13N0375 - St. The Development Services Manager Josephs Catholic Primary School, recommends that the Planning Committee Chedworth Drive resolve to carry out the development in Page(s) 113 - 116 accordance with Regulation 3 of the Town Ward(s): Warndon and Country Planning General Regulations Plans Schedule 1992 subject to the conditions set out in Page(s):33-34 the plans list. Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

17. Application P13G0327 - Nunnery The Development Services Manager Wood Sports Centre, Spetchley recommends that the Committee resolve to Road carry out the development in accordance Page(s) 117 - 120 with Regulations 3 of the Town and Country Ward(s): Nunnery Planning General Regulations 1992 subject Plans Schedule to the conditions set out in the plans list. Page(s):27 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

18. Application A13G0035 - The Development Services Manager Worcester Sixth Form College, recommends that advertising consent is Spetchley Road granted, subject to the conditions set out in Page(s) 121 - 126 the plans list. Ward(s): Nunnery Plans Schedule Page(s):35-36 Contact Officer: Alan Coleman, Planning Development and Enforcement Team Leader Tel: 01905 722523

19. Any Other Business Which in the opinion of the Chairman is of sufficient urgency as to warrant consideration.

20. Plans Schedule Page(s) 127 - 162

COMMITTEE SITE VISITS

The following is an extract from the Good Practice Protocol relating to Planning Matters.

The procedure for site visits will be as follows:-

• Members of the Planning Committee together with relevant officers travel to the site by mini-bus. • On arrival at the site, the designated planning officer explains the main planning issues to the Committee. • Inspections will be undertaken in a formal and professional manner. The Committee should stay together as a group. • There will be no inter-action between Members and applicants or objectors at the site visit beyond the common courtesies to be expected when visiting someone else’s property. • Members may ask questions of the officers and draw attention to issues relevant to the site visit. • Members will not debate the merits of the proposal on the site visit or on the way to or from the site visit. • Members who have declared a prejudicial interest or who, for any other reasons, do not intend to participate in the planning decision, will not participate in the site visit. • The Chairman will close the site visit and all Members will leave the site at the same time. • The Chairman may alter or terminate any visit at his/her discretion.

7 This page is intentionally left blank Page 1 Agenda Item 3

PLANNING COMMITTEE

25th July 2013

Present : Councillor David Wilkinson in the Chair

Councillors Agar (Vice -Chairman), Berry, L. Denham, P. Denham, Prodger, Roberts, Rowden, G. Squires (in place of Councillor Amos), Tibbutt, Whitehouse (In place of Councillor Tarbuck), Williams

Also in Attendance: Councillor Riaz

Apologies: Councillors Amos and Tibbutt

16 Declarations of Interest

The following declarations of interest were made:-

Applications P13D0286, P13D0287 and L13D0057: United Reformed Church, Albany Terrace (Minute 25)

Councillors Agar, Berry, Rowden and Williams – Know the applicant. All Councillors elected to speak and vote on the application.

Councillor L. Denham – Married to Councillor P. Denham but was not a member of the church. Councillor Denham elected to speak and vote on the application.

Application P12C0453: 75 Bromwich Road (Minute 27)

Councillor Roberts – Knows the objector, Ms Carole Williams a former colleague and friend. Councillor Roberts elected to speak and vote on the application.

Applications P13D0088 and L13D0020: Heenan and Froude Social Club, Sansome Place (Minute 32)

Councillor Berry – As Portfolio Holder for Housing Services. Councillor Berry elected to speak and vote on the application.

Councillor Agar – In her role as Mayor for whom St. Paul’s Hostel is one of her charities. Councillor Agar elected to speak and vote on the application.

Councillor Rowden – The Worcester Conservative Office, Churchill House is located in Sansome Place. All Members of the Conservative Group who were eligible to sit on the Planning Committee had been granted a dispensation to speak and vote on the application by the Standards Committee at its meeting on 25 th March 2013.

Page 2 25th July 2013 2

The following declarations of disclosable interest were made:-

Applications P13D0286, P13D0287 and L13D0057: United Reformed Church, Albany Terrace (Minute 25)

Councillor P. Denham – As an elder within the church and is also on the management committee. Councillor Denham left the room during consideration of this item.

Applications P13D0088 and L13D0020: Heenan and Froude Social Club, Sansome Place (Minute 32)

Councillors David Wilkinson and Williams – As Board Members of Worcester Community Housing, the applicants. Both Councillors left the room during consideration of this item.

17 Minutes

RESOLVED: That the minutes of the meeting held on 20 th June 2013 be approved as a correct record and signed by the Chairman.

Matters arising:-

Minute 2 – Page 2, Minute 174, Old Hospital Site, Silver Street. Members asked if an application had been received for this site. The Development Services Manager confirmed that it had and Members had been informed via the weekly list of planning applications registered.

Minute10 – Page 11, penultimate paragraph. The Chairman drew the Committee’s attention to the request for a condition for the exterior of the Barley Mow Public House which had not formed part of the resolution and asked Officers to explain. The Development Services Manager clarified that all external building matters did not necessarily need planning permission/listed building consent. He had been in touch with the applicant/agent and subject to funding it would be their intention to tidy up the exterior of the building.

18 Conservation Areas Advisory Committee

RESOLVED: That the minutes of the meeting of the Conservation Areas Advisory Committee held on 5 th June 2013 be received.

19 Inspections

No inspections had been recommended by Officers nor had any requests for site visits been made in accordance with the accepted timetable for notifying of requests for a site inspection, with reason been given for that request.

20 Public Participation

None.

Page 3 25th July 2013 3

21 Public Representations

The following people addressed the Committee in respect of applications to be considered and determined:-

1. Application P12C0453: 75 Bromwich Road: Ms Carole Williams (Objector).

2. Application P13D0281: 260 Bath Road: Ms Carol Pratt (Objector).

22 Planning Enforcement Report

The Committee considered the planning enforcement monitoring report for the period 2012-13.

It was noted that the complaints received and the outcome of investigations had slightly dropped but not too significantly. Fewer formal proceedings had been taken but less was being resolved by compliance.

Cases of interest were highlighted in the report in particular Blakefield Road where the Inspector upheld the appeal and the enforcement notice was squashed, this being the first one, and unauthorised advertisements in St. Johns where compliance was achieved as a result of negotiations.

The recent re-structure of the Planning Development and Enforcement Team would also provide opportunities for greater pro-active engagement with applicants at an early stage in the development process and it was anticipated that the current review of the Local Validation Checklist requirements would reduce the scope for breaches of planning conditions and non-compliance to occur.

RESOLVED: That the Committee note the report .

23 Application P13K0248 - University Park (formerly known as Grove Farm) Bromyard Road

The Committee considered an application for the approval of reserved matters (pursuant to outline approval P11K0588) for the development of the Health and Well Being Campus comprising forty close care apartments, sixty extra care apartments, a community hub and sixty bed car home at University Park (formerly known as Grove Farm), Bromyard Road.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The relevant issues with regards to the application were:-

• Principle of development; • Design scale and layout; • Impact on the amenity of neighbouring residents; • Impact on heritage assets; • Access, car parking and impact on the highway network; • Proposed landscaping and; Page 4 25th July 2013 4

• Sustainability.

The Committee’s attention was drawn to the late paper which related to a response from the County Council Highway Authority together with an additional condition. A statement had also been submitted on behalf of the applicant in response to the objection from the Conservation Area Advisory Committee.

The Committee also received a paper copy of samples of colours of facing materials.

The Committee debated the issues raised and the following principal points were made:-

• Members asked how many people would be employed as a result of the proposal. The Development Services Manager could not give an exact figure but a substantial amount from construction through to the final phase.

• Members referred to it as a ‘Retirement Village’ and a significant development but asked about the outside space and somewhere to sit. The Development Services Manager referred to independent living with bungalows, spaces for car parking for those that drive and provision of allotments. There would be various levels of care available to all and accessible. There was also access to a footpath network throughout the site. There would also be provision of public transport once the site was completed and access to the rest of the buildings on site. The attention to landscaping had been very important and there would be areas where people could sit out.

• Reference was made to the consultation process and in particular the response received from the Conservation Areas Advisory Committee who had objected to the scheme on design grounds which had been responded to on behalf of the applicants. The Chairman did state that if Committee was minded to give weight to the comments by Conservation Areas Advisory Committee then they could do so. The comments at this stage were noted.

• Members highlighted that there would be a portion of people who were going to need this type of care and felt that a good job had been done which was imaginative with different shapes of blocks and colours and would be close to a medical centre. Paragraph 8.34 of the report referred to sustainability and Members welcomed the fact that the scheme would undertake the commitment to achieve a minimum BREEM rating of ‘very good’.

• The County Council’s Highways representative was asked to clarify the parking capacity as referred to in 1.1 of the late paper. It was confirmed that it was difficult to predict usage for this group it was the unknown car usage of the residents.

On being put to the vote Members unanimously agreed the proposal.

Page 5 25th July 2013 5

RESOLVED: That the Committee grant Reserved Matters Approval, subject to the conditions set out in the plans list and to the additional condition as set out in the late paper.

24 Application P13K0248 - University Park (Footpath Diversion)

The Committee considered an application which sought authority for the diversion of footpath no. 669 under Section 257 of the Town and Country Planning Act 1990.

Diversion of the footpath was required in order to facilitate the development of the University Park Health and Well Being Campus and an alternative route had been accommodated as part of the proposed layout and landscaping proposals that had also been designed to integrate with separate proposals for the diversion of the footpath through the landscaped buffer under application P13K0216.

The City Council was requested by the applicants to commence diversion procedures for the footpath on behalf of the developers under Section 257 of the Town and Country Planning Act 1990. The developers would meet the reasonable costs incurred by the City Council.

RESOLVED: That authority is granted to proceed with the diversion of footpath no. 669 on behalf of the developers, and that the Legal Services Manager be authorised to take all action necessary in connection with the diversion.

25 Applications P13D0286, P13D0287 and L13D0057 - United Reformed Church, Albany Terrace

The Committee considered applications for the erection of a pair of semi-detached dwellings; single dwelling and the demolition of a redundant store building at United Reformed Church, Albany Terrace. There were two separate applications for planning permission and, if approved, it would be a matter of developing one scheme or the other.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The relevant issues with regards to the applications were:-

• Principle of development; • Impact on the Conservation Area; • Quality of living environment for future occupants; • Impact on the proposal of neighbouring amenity; and • Heritage protection.

The Committee’s attention was drawn to the late paper which related to a response from the County Council Highways representative who had no objections to the submitted proposal. Page 6 25th July 2013 6

A response from the City Council’s Archaeological Officer who had no objection to the demolition of the building but requested conditions related to a programme of archaeological investigation and CE15 and CE06 be added to the plans list for both applications. The late paper also included a letter of objection from a neighbour.

The County Council’s Highways representative pointed out to the Committee that representation comments made with reference to the rear access was not public highway and was in the ownership of the applicant.

The Committee unanimously agreed the proposals.

RESOLVED: That the Committee grant planning permission and conservation area consent, subject to the conditions set out in the plans list and to the additional archaeology conditions as set out in the late paper for Applications P13D0286 and P13D0287.

26 Application P13C0266 - Bromwich Road Allotments

The Committee considered an application under Regulation 3 of the Town and Country Planning General Regulations 1992 for replacement fence and gates at Bromwich Road allotments.

The application related to development by the City Council and was referred to the Planning Committee in accordance with Part 5 of the Constitution on Protocol for Good Practice for Councillors and Employees Dealing with Planning Matters that states at paragraph 6.5:-

Development proposals by the Council...will not be delegated to DSM for decision, however small or non-contentious, and must always be reported to Committee for determination.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The Committee’s attention was drawn to the late paper which related to responses from consultees i.e. County Council Highway Authority, Crime Risk Manager and the Senior Urban Design Planning Officer, whereby no objections had been raised.

The proposal was for the erection of replacement boundary fences and gates to address the security concerns of allotment holders. As amended, the proposal was for the erection of a 1.2 metres high powder coated chain link fence to the Bromwich Road boundary rising to 1.8 metre high either side of ‘deer gates’ that was proposed to the vehicle entrance; together with 1.8 metre high galvanised weld mesh fencing to the northern side and eastern rear boundaries.

The Development Services Manager was of the opinion that the key issue for consideration when determining this application was the impact on the character and setting of allotments, Riverside Conservation Area and views of the historic City Centre and its associated skyline from the main road network.

Page 7 25th July 2013 7

In terms of impact on neighbouring residents’ visual amenities the Development Services Manager was satisfied that the amended proposed development would not detract unacceptably from their outlook in terms of short and long range views.

The Committee unanimously agreed the proposal.

RESOLVED: That Committee resolve to carry out the development in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992, subject to the conditions set out in the plans list.

27 Application P12C0453 - 75 Bromwich Road

The Committee considered a retrospective application for a three metre high semi-transparent acoustic structure at 75 Bromwich Road.

This application was reported to Planning Committee on 20 th June 2013 at which it was minded to refuse planning permission, contrary to Officer’s recommendation, and was deferred pending a further report to the Planning Committee in accordance with agreed procedure recommending reason(s) for refusal and assessment of the prospects at appeal. The previous report was attached as Appendix 1.

The Committee’s attention was drawn to the late paper which related to an email from the objector to Worcestershire Regulatory Services regarding levels of noise nuisance and correspondence from the objector to Planning Committee Members.

The Development Services Manager remained of the opinion that the proposal was, on balance, acceptable.

Members at the Committee meeting on 20 th June 2013 were minded to refuse planning permission on the grounds that the height, size and siting of the screen was harmful to the setting of the Riverside Conservation Area and the outlook from the side facing window of the neighbouring property at 79 Bromwich Road.

The Development Services Manager referred Members to 3.6 of his report where concerns had been expressed that the height and siting of the screen was harmful to the outlook from the side facing window of the neighbouring property at 79 Bromwich Road. In planning terms the outlook from side facing windows to non- habitable rooms was not afforded the same level of protection as the outlook from windows to habitable rooms. In this case the window provided the only source of light to a home office that he understood was used on a regular basis by the homeowner who worked from home.

Following public representations by the objector the Committee debated the issues raised and the following principal points were made:-

• The objector was asked when the application was first approved on a temporary trial basis what had since changed to the operation? The objector confirmed that the original proposal was for three operatives and one power washer now it was now four or five operatives with two power washers.

Page 8 25th July 2013 8

• Members recalled that when the application came before Committee for a screen it was thought that this was prevent water and noise nuisance and were surprised to hear that it had not. The objector stated that by removing the power washers to hand wash only then would the water and noise levels be reduced.

• Unfortunately most issues referred to by the objector were not for Planning Committee to consider except the hours of operation. The objector was asked if the fence worked would they be satisfied. The objector stated that the structure as is does not work and the solution they came up with does not work. If the fence were to remain then the room currently used as a home office could not be used.

• The Development Services Manager stated that the most appropriate way to deal with the noise issues would be to liaise with Worcestershire Regulatory Services to allay Member’s concerns.

• Members in considering the transparent acoustic structure felt that if it was not fit for purpose then permission should not be given. The Development Services Manager stated that if Members wished to proceed on this basis then reasons for refusal were given in his report.

• The Development Services Manager confirmed that if the Committee proceeded with refusal then an Enforcement Notice would be issued.

• The Chairman agreed that the Committee was in the same position as last time and the reasons for refusal remained.

It was proposed and seconded to refuse planning permission and on being put to the vote, contrary to Officer’s recommendation, it was:-

RESOLVED: That the Committee refuse planning permission for the following reasons:-

Policy BE1 of the City of Worcester Local Plan 2004 requires all development, inter alia, to achieve a high standard of design, having regard to the character of the area and to harmonise with its environment. Policy BE2 also seeks to ensure that development would have a positive effect on the character of the locality and that the character, appearance or setting of the City would not be damaged when seen from the transport network. Further guidance on boundary treatments in conservation areas is set down in Local Plan Policy BE12 which sets out criteria to be satisfied in applications for boundary treatments in conservation areas, including the requirement that boundary treatments are of a type which is appropriate to the site and surroundings in terms of materials, appearance, location, design, height and form and, amongst other matters, does not obscure or harm an important feature or view which contributes to the special character or appearance of the conservation area. Policy NE9 also requires development proposals to be located and designed so as not to detract from the character of the Green Network. The aims and objectives of these saved policies are also reflected in advice contained in the National Planning Policy Framework. Page 9 25th July 2013 9

In the opinion of the Local Planning Authority the proposal would be an unacceptable form of development which will result in harm to the setting of the Riverside Conservation Area and a designated heritage asset that would neither preserve or enhance the character or appearance of the Riverside Conservation Area and which, by virtue of its the height, size and siting would harm the setting of the Riverside Conservation Area and the outlook from the side facing window of the neighbouring property at 79 Bromwich Road, long distance views of the city centre and its skyline and would unacceptably detract from the visual amenity of the site and the Green Network and Green Space setting of the site.

The proposal would thereby also be contrary to the expectations of Local Plan Policies BE1, BE2, BE12 and NE9 and the aims and interests that the National Planning Policy Framework seeks to protect and promote.

28 Application P13D0281 - 260 Bath Road

The Committee considered a report for the proposed erection of a dormer window to the front slope at 260 Bath Road.

The application was referred to Planning Committee for determination as the applicant, Mrs Akhtar, was a relative of Councillor Ditta.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The relevant issues with regards to this application were:-

• Impact on the character and appearance of the property on adjoining terrace and; • Impact on neighbouring residents’ amenities.

The Development Services Manager stated there was an absence of Dormer windows in the adjacent properties but not in the road. He was satisfied that the proposal would comply with the Residential Design Guide. Objections had been taken on board and referred Members to 5.1 of his report which identified on what grounds the objections related to.

The Committee’s attention was drawn to the late paper which related to a consultation response from the County Council Highways representative who had no objections on highway/parking matters.

Following public representation by the objector the Committee debated the issues raised and the following principal points were made:-

• The objector had informed the Committee of issues related to noise transfer between properties, drainage issues, impact on the roof and the appearance of the Victorian row of terrace houses. The main problems had occurred during construction of the rear dormer window and it was felt this would happen again with the construction at the front. Page 10 25th July 2013 10

• The objector was asked if soundproofing were put in would this help. The objector confirmed that there was in the rear dormer but it was not sufficient and was sure this would be the case for the front dormer.

• With regards to the roof the objector was asked if any work had been done. It was confirmed that the scaffolding had been there for some months for the rear dormer but was concerned over the structural integrity of the roof.

• Members asked the objector if she had been in contact with South Worcestershire Building Control on these issues for which she confirmed she had been when the rear dormer window was being constructed.

• Members agreed that the Committee were limited as to what they could do as the issues raised were outside material planning considerations. They had noted that the issues raised were clearly a concern to residents and to the Committee also.

• The Committee emphasised the need for the objector to speak with South Worcestershire Building Control and any other relevant bodies to raise their concerns over soundproofing, quality of workmanship, roof and drainage issues.

On being put to the vote the proposal was recommended for approval.

RESOLVED: That the Committee grant planning permission, subject to the conditions set out in the plans list.

29 Application P13H0280 - 102 Astwood Road

The Committee considered an application for a proposed dropped kerb to the front of the property at 102 Astwood Road in order to legitimately gain access to the existing forecourt and hard standing.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The Development Services Manager recommended that planning permission was refused for the reasons set out in his report.

The Committee’s attention was also drawn to the late paper which related to a consultation response from the County Council Highways Authority whereby if Members were minded to grant planning permission then three additional conditions would need to be applied.

It was noted that some properties in Astwood Road that do have dropped kerbs had been approved by Committee, contrary to Officer’s recommendation. The Committee felt there was a need to be consistent.

Contrary to Officer’s recommendation it was:-

Page 11 25th July 2013 11

RESOLVED: That the Committee is minded to grant planning permission and delegate power to the Development Services Manager authority to issue the decision, subject to the conditions as set out in the late paper.

30 Application P13H0279 - 104 Astwood Road

The Committee considered an application for a proposed dropped kerb to the front of the property at 104 Astwood Road in order to legitimately gain access to the existing forecourt and hard standing.

The report set out the background to the proposal, the proposal itself, relevant planning policies, planning history, representations and consultations, where applicable.

The Development Services Manager recommended that planning permission was refused for the reasons set out in his report.

Contrary to Officer’s recommendation it was:-

31 Any Other Business

1. Members were informed that the Planning Committee meeting scheduled for Thursday 22 nd May 2014 had been re-scheduled to take place on Thursday 15 th May 2014 due to the European Parliamentary Elections.

2. The Chairman informed Members in order to enhance the profile of the Public Art Panel it was suggested that the Panel be formalised to bring it in line with the Conservation Areas Advisory Committee and that minutes of the meetings would be reported to Planning Committee. Members agreed to this suggestion.

32 Applications P13D0088 and L13D0020 - Heenan & Froude Social Club, Sansome Place

COUNCILLOR AGAR IN THE CHAIR

The Committee considered applications for partial demolition and restoration of the frontage building to facilitate the erection of 16 studio apartments and the creation of an administrative suite for St. Paul’s, Heenan and Froude Social Club, Sansome Place

Page 12 25th July 2013 12

The applications had been deferred, minded to approve, by Committee at its meeting on 20 th June 2013 in order to clarify details and certain aspects of the proposed management plan, provision of outreach service and ‘wet garden’ facility at the site and for the Crime Risk Manager to attend Planning Committee. In particular, Members sought clarification of the points raised by Councillor Riaz in his address to the Committee i.e. CCTV; police outpost and the ‘wet garden’.

The Committee Members, together with the residents, applicants and other relevant groups had been made aware on late Tuesday 23 rd July 2013 that this item was to be taken as an urgent item on the agenda for the 25 th July 2013 meeting and why and were provided with the report of the Development Services Manager, together with appendix 1 the previous planning committee report of 20 th June 2013, appendix 2 a letter from the Chief Executive of Worcester Community Housing which related to a significant risk to the scheme if delayed and appendix 3 minutes of the meeting held on 22 nd July 2013 between applicants, representatives of the residents and residents association, St. Paul’s Hostel, the Crime Risk Manager, Local Housing Authority and Local Planning Authority.

The Committee’s attention was drawn to the late paper which related to the original conditions. The Development Services Manager’s report of 25 th July 2013 set out in 2.4 to 2.12 the procedural issues in dealing with these applications as an urgent item at this meeting. Section 3 of the report gave a summary of the outcome of the meeting held on 22 nd July, 2013.

The Development Services Manager stated that given the degree of consensus that had emerged following the meeting between the applicant, the proposed operators, police and local residents and the extent to which issues had been addressed he remained of the opinion that the proposals were acceptable and continued to recommend that Committee grant planning permission subject conditions.

In the ensuing discussions the following principal points were made:-

• Some Members remained concerned but accepted reasons for dealing with the applications as an urgent item. It was noted that there were financial issues for the applicant but was this taking precedent over the residents.

• The Development Services Manager responded by saying this was a different application to normal as it had already been before Committee once and public speakers (both for and against the proposal) and the local Ward Member had already addressed Committee. There were no new material reasons being raised at this stage and no further public speaking would be permitted. Members had sought clarification on specific issues with the expectation that a meeting would be held between applicant, police and local residents and that the police would attend this meeting. All of the expectations of the Committee had been satisfied. The Development Services Manager went on to say that the issue about funding was a material planning consideration but in bringing the application before members there was consideration of local residents as all those making representations had been informed by mailshot on the day of the decision to bring the application forward with a copy of the report and an opportunity to make representations.

Page 13 25th July 2013 13

• Some Members had reservations about the project being open to individuals from other areas and would not wish to see large numbers of homeless people descend on this area of the City which had seen an improvement.

• Other Members felt that the applicants and objectors had been questioned very carefully at the last meeting and the Committee had since been reassured further on issues that had concerned them. There was confidence that Worcester Community Housing and St. Pauls would manage the project well.

• The local Ward Member addressed the Committee and stated that some of the concerns raised by residents still remained. He did however appreciate the emergency measure taken to bring the applications to the meeting today.

• In response to the issue raised on the outreach service based on site for administrative purposes, the Development Services Manager had indicated that an additional condition could be added to ensure the use of the administrative suite was for purposes within the meaning of Use Class B1 only. This condition would restrict the use of the administrative suite office to private office use only and no visiting members of the public.

• Members agreed to this additional condition and stated there would be no material planning reason to refuse permission on this basis. It was reiterated that the scheme was going to be managed properly and it was important to recognise that the City was a county town which had a number of resources that were and could be used.

• One of the Members who had spoken at the last meeting stated that there were lots of questions asked on the proposal to the residents/agents involved in the applications and was impressed with the residents and their balanced view on the matter and their own local situations and environments. In considering the applications it was important to separate the planning and anti-social behaviour issues.

• The recent P.A.C.T. meeting was referred to and it was confirmed that this area was now a policing priority area and issues would be dealt with proactively. It was stressed that joint working was essential and that genuine community involvement was needed and utilised all the safety and community issues in place.

• The Crime Risk Manager was in attendance at the meeting, as requested, and was asked if he had anything further to add. It was confirmed that although objections had been raised originally these had been withdrawn following the submission of further information by the applicant. There was nothing further to add but he would be happy to answer any concerns that Members had.

On being put to the vote Members agreed the proposal, subject to the additional condition restricting use of offices within meaning of Class B1.

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RESOLVED: That Committee grant planning permission and conservation area consent, subject to the conditions set out in the original plans list, late paper and to the additional condition relating to Use Class B1

Duration of the meeting: 1.30pm to 4.55pm

Chairman at the meeting on 22nd August 2013 Page 15 Agenda Item 4

Conservation Areas Advisory Committee

10 th July 2013

Present: Dr Martin Doughty in the Chair; Councillors Cronin, Rowden and D. Wilkinson, Messrs C. Potterton, C. Guy, R. Lockett, M. McCurdy, The Dean, Mrs C. Silvester and Miss H. Wootton

Also in Ms Heather Barrett, Attendance: Worcester Civic Society

Officers: Mr J. Blackwell, Mr C. Jukes and Mr J. Dinn

Apologies: Mr D. Davis and Mr D. Saunders

The Chairman welcomed Ms Heather Barrett to the meeting as a potential Civic Society member on CAAC. Ms Barrett was in attendance as an observer.

19. MINUTES

The minutes of the meeting held on 5th June 2013 were approved as a correct record and signed by the Chairman.

Matters arising:-

Councillor Wilkinson referred to Minute 1 and asked to know more about Worcestershire Building Preservation Trust who would be linking up with Carillion Richardson with regards to the Old Hospital Site, Silver Street. The Heritage Officer confirmed that they were applying for Heritage Lottery funding, but would also need to apply elsewhere for monies. The Committee were interested to know the finance side relating to the building and were concerned about the arrangements. The Heritage Officer had suggested that Mr Bob Tolley from the Trust be asked to attend a meeting of CAAC. The Chairman felt it was appropriate for CAAC to ask due to their interest in the building and its future.

20. OUTCOME OF APPLICATIONS

Mr Jukes reported on the status of applications considered at the meeting on 8th May 2013.

21. REPORT OF CHAIRMAN

1. Appeal Decisions and Notifications of Appeal.

None.

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2. Chairman’s Correspondence.

The Chairman made the Committee aware that he had been asked for his comments on the review of the ‘Local List’ Application validation requirements. Mr Blackwell confirmed that it would mean a more robust checklist which would also reflect policy changes. The comments from CAAC were to be sent to Mr Coleman by the 30 th July 2013. It was agreed that the Chairman would arrange for the email received from Mr Coleman to be circulated to Members. Any comments to be passed to the Chairman and he would then respond on behalf of CAAC by the due date.

22. APPLICATION P13K0248: UNIVERSITY PARK, BROMYARD ROAD

Application for Approval of Reserved Matters (pursuant to Outline Approval P11K0588) for the development of the Health and Well Being campus comprising 40no. Close Care apartments, 60no. Extra Care Apartments, a Community Hub and a 60no bed care home.

The Chairman declared an interest and requested that Mr Potterton Chair this item. MR POTTERTON IN THE CHAIR

This application was before Committee at its meeting on 5th June 2013. It was requested by the Committee that they wished to see the supporting documents i.e. Landscape Visual Impact Assessment, a Heritage Statement and/or a Design and Access Statement. It was agreed that Mr Potterton and Miss Wootton would look at these online and report back to this meeting.

Mr Potterton confirmed that he had a quick look at the documents and noted that reputable Landscape Architects were looking after the scheme. Miss Wootton asked if any changes had been made to the scheme since it was last presented to CAAC. The Heritage Officer confirmed that no changes had been made.

Mr Potterton and Miss Wootton agreed to submit comments on behalf of CAAC to Mr Coleman as a matter of urgency.

23. APPLICATIONS P13D0297 AND L13D0068: SITE AREA B (KING STREET) SEVERN STREET

Application for the demolition of the old school house to facilitate the erection of a three storey terraced building containing 28no. residential apartments and associated undercroft parking and associated works.

DR MARTIN DOUGHTY IN THE CHAIR

The Chairman had declared an interest as the project was being managed by the University however he remained as Chairman for the item.

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The building to be demolished was not a listed building or a building of significance. The Chairman reported that a planning application had been submitted in 2006 for demolition of the old school house but it was refused by Planning Committee. It was stated that there would be a need for concrete planning reasons for refusal. The Heritage Officer referred to the seven tests in the National Planning Policy Framework with regards to demolition. If Berkeley Homes can prove they have carried out these tests then they can demolish.

The Committee raised the issue of traffic from Severn Street and King Street into Sidbury which can get very congested at times and this would add to it. The Heritage Officer stated that traffic assessments were being carried out by Berkeley Homes. It was noted that car parking would almost vanish under this proposal although there be undercroft parking for the residents. It was highlighted that the front of the King Street properties would need to match those properties in Edgar Street.

The Committee referred to the close proximity to the listed building and the Porcelain Museum and stressed that we needed to be careful what we were putting next to it. It was felt that this proposal was of poor design and a better quality building was needed particularly with the proposed new Arts Centre.

The Chairman stated that the Committee were entitled to say that the proposals did not enhance the area that it was not essential the school building be demolished, the impact on the Museum and the traffic issues. These were appropriate issues for CAAC to mention.

The Committee objected on the grounds of the demolition of the old school house building, the new build on scale and quality

24. APPLICATIONS P13D0287 AND L13D0059: UNITED REFORMED CHURCH, ALBANY TERRACE

Proposed demolition of redundant store building and erection of a four bed dwelling.

The Committee commented that historically there was not another building in the City like this which was owned by the United Reformed Church. The principle however of demolition of the redundant store building could not be opposed but the question was asked it if was of sufficient character to keep it and what its history was. The Heritage Officer agreed to provide the Chairman and Mr Guy with a copy of the Historic Building Assessment and Building Statement for commenting on directly to the Heritage Officer.

With regards to the proposed four bed dwelling the Committee generally liked it for not trying to be like the other properties in the area. Archaeological conditions and historical record requested.

The Committee has no objections, recommending approval. Page 18

25. APPLICATION P13D0284: HERON LODGE, LONDON ROAD

Proposed erection of 2no. dwellings.

The proposed scheme consisted of the construction of two eco properties on the car park site adjacent to the existing residential units along the driveway access to Heron Lodge. The properties would be constructed from cedar cladding and green roofs.

The Committee liked the contemporary design but would prefer a roof that was more in keeping with the building within the proximity to Heron Lodge which was one of the last early 19 th Century buildings of its type. The Committee were concerned for the existing trees and wanted to see long term protection for them. The Heritage Officer stated that some were already covered by a TPO. It was suggested that conditions be applied during construction on the safeguarding of the trees.

The Committee had no objection in principle in using the car park site and asked if there was a reason why the proposed scheme was straight onto the the drive. The Heritage Officer stated that there had been issues with the windows and light with the existing properties to the rear. The Heritage Officer stated that details of treatment for the boundary onto the highway was to be asked for and had already spoken with the architects. A CEO6 access condition requested.

The Committee has no objections, recommending approval.

26. APPLICATIONS P13D0323 AND L13D0067: 5 STEPHENSON ROAD

Proposed rebuilding of existing rear wing and new side and rear extension.

The Committee has no objections, recommending approval.

27. APPLICATIONS P13D0283 AND L13D0055: ASHLEYS RESTAURANT, 11 THE TYTHING

Rear extension.

The Heritage Officer confirmed that this building was on the Heritage at Risk Register. The rear extension was to extend the seating space for diners and the proposal aimed to roof over the existing rear yard to the property.

The Committee had asked if the applicants could be asked to tidy up the front of the building.

The Committee has no objections in principle but would express a concern over the frontage of the building.

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28. APPLICATION L13D0065: THE OLD PALACE, DEANSWAY

Internal and external alterations and repairs.

The Heritage Officer confirmed works would include complete rewiring, new heating and toilet alterations. Part of the Chapel gable wall was to be demolished and rebuilt.

The Committee has no objections, recommending approval.

29. APPLICATIONS L13D0049 AND P13D0251: LAND ADJACENT TO HERON LODGE, LONDON ROAD

Reuse of redundant land to create two dwellings.

These applications were withdrawn from the agenda.

30. APPLICATION P13D0229: LAND TO THE REAR OF 34 FOREGATE STREET

Amendments to rear elevation (minor change to approved scheme to retain roof and clad rear gable).

This application was withdrawn from the agenda as permission had been granted under delegated approval.

31. APPLICATION P13A0291: 26 BARRY STREET

Retrospective consent sought for change of use to one two bedroomed house.

The Committee has no objections, recommending approval.

32. APPLICATION A13C0031: WORCESTERSHIRE COUNTY CRICKET CLUB, COUNTY GROUND, NEW STREET

Proposed display of various illuminated and non-illuminated signage.

The Heritage Officer confirmed there had been no objections on policy grounds for the signage but Members stated that whether they were lit was important and had suggested that the policy should not be a guiding factor. The Committee were shown those signs which would be illuminated. They considered the banners to be interesting for the history of the club but thought there were too many in such a short space , a suggestion was made for three banners only. There were concerns over the totems which they thought were too big. The signs at the entrances to the car parks were considered too large and should be half the size. The Committee felt that less signage would be better.

The Committee has no objections in principle but would prefer the car park signs to be half the size proposed.

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33. APPLICATIONS P13D0286 AND L13D0057: UNITED REFORMED CHURCH, ALBANY TERRACE

Demolition of redundant store building and erection of 2no. 2 bed dwellings.

The Committee agreed that their comments as in Minute 24 would apply for this item albeit this was for a 2 two bed dwelling.

34. APPLICATIONS L13D0062 AND P13D0304: 52A BRITANNIA SQUARE

Proposed conversion of existing double garage into dining room and internal alterations.

The proposal was to also include the creation of a basement for which archaeological conditions had been requested. It was confirmed that the proposal would enhance the building.

The Committee has no objections, recommending approval.

35. APPLICATION P13D0312: 19 ALBANY TERRACE

Proposed ground floor extension, carport and re-siting of shed.

The Committee raised no objection with the extension as long as the same materials as the main house were used. Archaeological conditions requested for the extension. The Committee however objected to the car port stating that it did not enhance the building.

The Committee has no objections to the extension but objected to the car port which did not enhance the building.

36. APPLICATION L13D0050: 29 COLLEGE STREET

Internal works.

This application was withdrawn from the agenda as permission had been granted under delegated approval.

37. APPLICATION L13D0056: 11 BRITANNIA SQUARE

Minor internal works and external alterations.

The Heritage Officer confirmed that a flue was to be fitted but this was not shown on the plans.

The Committee has no objections, recommending approval.

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38. APPLICATION A13D0026: 29 COLLEGE STREET

Fascia and projecting signs.

This application was withdrawn from the agenda as permission had been granted under delegated approval.

39. APPLICATION L13D0046: 39 THE TYTHING

Non-illuminated signage.

The Committee has no objections, recommending approval.

40. APPLICATION P13D0285: SUITE 1, STABLEMASTER’S COTTAGE, BASIN ROAD

Change of use from A1 (shop) to B1a (office).

The Committee has no objections, recommending approval.

41. APPLICATION P13D0278: 32 SEVERN TERRACE

Internal and external alterations and additions.

The proposals included the conversion of the basement to form an open plan living space for which the entrance would be at the rear and a sunken garden. The trees in the grounds were not affected but a survey of the trees was yet to be submitted. Archaeological conditions requested.

The Committee welcomed the proposal, recommending approval, subject to a Tree Survey being provided.

42. APPLICATION A13D0032: 22A-23 THE CROSS

Proposed 2no. Vinyl strips to be applied to the inside of the windows.

This application was withdrawn from the agenda.

43. APPLICATION A13D0029: 105 HIGH STREET

Proposed signage.

The Heritage Officer informed the Committee that the proposed signage was to be amended and the Committee agreed to wait for the amended scheme.

44. APPLICATION A13D0037: SUPERDRUG, 4-5 ST SWITHINS STREET

Proposed display of various signs.

The Committee still had an issue with the sign in Church Street nearest to St. Swithun’s Church which was highlighted when seen previously. Page 22

The Committee has no objections, recommending approval, subject to Officer’s recommendations and policy.

45. ANY OTHER BUSINESS

The Heritage Officer, Mr Jukes informed the Committee that this was his last meeting as he was leaving the City Council’s employment. The post would be advertised shortly. Mr Jukes gave thanks to all of the CAAC Members and hoped they continued to give their support to the Officers. The Chairman on behalf of the Committee thanked Mr Jukes for his commitment and was sorry to see him go and hoped all worked out well for him.

46. DATE OF NEXT MEETING

7th August 2013.

Duration of meeting: 5.00pm-6.40pm

Chairman at the meeting 10th July 2013 Page 23 Agenda Item 8

Report to: Planning Committee – 22nd August 2013

Report of: Development Services Manager

Subject: PERFORMANCE PROGRESS REPORT

1. Purpose of the Report

1.1 To report progress in relation to performance on the processing of planning applications.

2. Background

2.1 This report gives monitoring information about those six indicators which relate to the processing of planning applications.

2.2 The period relates to the first quarter of 2013/14, i.e. April to June 2013.

3. Planning application indicators

3.1 The statistics for April to June 2013 were as follows:-

Target April - June 2013 Indicator description Success s No. Total % Major applications in 13 weeks 70% 3 4 75.0 % Minor applications in 8 weeks 90% 22 34 64.7 % ßßß Other applications in 8 weeks 90% 136 169 80.5 % <> Planning Appeals allowed 33% 1 1 100 % ßßß % improvements if negotiated 80% 67 76 88.2 % % householder decisions in 8 wks 90% 84 98 85.7 % <> % delegated to officers 90% 191 207 92.3 %

3.2 The national target for determining major applications has been 13 weeks. However government is moving way from this as a measure to one of quality and speed based upon any authority that fails to determine more than 30% of major applications within 13 weeks or have more than 20% of major applications allowed at appeal will be deemed to be unsatisfactory and will permit applicants to submit applications directly to the government for determination.

3.3 In respect of those measures, the government made the first announcement on performance based upon historical data that showed City Council performance at 51.7% of major applications determined within 13 weeks and 0% of major applications allowed at appeal. There is currently no risk therefore of being identified as a poor performer.

3.4 Nevertheless the City Council is not satisfied with merely being satisfactory and is seeking to ensure that it delivers sustainable development in a manner that is good value for money and in a manner appropriate for all customers.

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3.5 In the last quarter four major applications were determined of which three were approved in less than 13 weeks. The applications were:-

Application Location Proposal No. of wks P13K0216 University Park, Bromyard Road Employment 4 P13Q0211 WRH, Charles Hastings Way Hospital 8 P13A0087 White Ladies Close Residential 12 P12K0145 University Park, Bromyard Road Employment 48

3.6 The application determined in more than 13 weeks was the subject of detailed negotiation in respect of infrastructure contributions that included detailed work with the County Council on the delivery of the Worcester Transport Strategy and issues of viability. At its conclusion the subsequent reserved matters application was dealt with in only 4 weeks.

3.7 In recent times approval rates have been measured. For the quarter the approval rates were:-

April 2013 – June 2013 Indicator description Total Total % Approved Approved Applications Major Applications 4 4 100 % Minor Applications 33 34 97 % Other Applications 167 169 99 % ALL APPLICATIONS 204 207 98.5 % Applications determined by Committee 8 8 100 % Applications determined by delegation 196 199 98.4 %

3.8 A local indicator of 90% has been established for the approval of major scheme and in this quarter all 4 major applications were approved.

4. Comments of the Development Services Manager

4.1 The service is committed to being as good as it can be in respect of performance when balanced against customer satisfaction and value for money. The wider picture is reported at Performance Management and Budget Scrutiny Committee. This report reviews the performance side of matters.

4.2 The set of performance indicators that are presented may appear to be a mixed bag and I am sure that there is opportunity to concentrate on those that have poorly performed. Therefore let me go into some detail on those.

4.3 64.7% for minor applications and 80.5% for other applications determined within 8 weeks is below the standards that have been set by the service over many years, but there are mitigating circumstances. There has been considerable negotiation on some important schemes to ensure that they can be approved. This has taken time with some detailed revisions being made to a number of schemes. This has resulted in the highest approval rating on record. There has also been a concerted effort to ensure that any longstanding applications were brought to completion.

Page 25

4.4 The same explanation will apply with householder applications as they form part of "other" applications.

4.5 The performance on appeals demonstrates how the use of statistics using small numbers can be misleading. There was only one appeal decision in the quarter and this was allowed.

4.6 However despite these indicators I am very pleased by the performance of the service in this quarter. The total number of applications determined, 207, is the most determined in a quarter for five years and demonstrates the ability of the team to focus on the needs of the customer as the new staffing arrangements have come into effect. A period of transition could have seen a significant reduction in output but the professional approach of the team has been exemplary and worthy of note.

4.7 The delivery of Heritage & Design work remains at the forefront of the service’s work. In this quarter there was the highest number of listed building consent applications determined for five years. Members have also agreed to receiving the minutes of the Public Arts Panel at this committee. This coincides with the work undertaken in progressing the work of the panel between its members and Heritage & Design officers.

4.8 There continues to be a commitment to negotiating improvements to schemes. 88% of all negotiations successfully resolved problems and found solutions in accordance with national government policy in the National Planning Policy Framework. This demonstrates that officers are seeking to deliver improvements. This is particularly important in an historic city with the heritage assets that it has.

4.9 The determination of major applications at 75% within 13 weeks is above target, but again is influenced by the small numbers involved. The specific time taken is not the critical issue in many major applications because they can be contentious and complex and applicants do not expect a rapid decision. However it is important to demonstrate a commitment to sustainable development, to working with the applicant and securing the beat solution for a scheme and sometimes this results in decisions in over 13 weeks. This does not mean poor performance but the right decision made to deliver the future development for the city.

4.10 The City Council has approved more than 98% of all applications determined in the quarter. This is much higher than the national average of approximately 89%. This may be a concern if it is consistently this high as it might show inappropriate schemes are approved, but this quarter demonstrates a commitment by the team to resolve outstanding cases that have seen protracted negotiations.

4.11 This quarter has seen significant transition that will continue into quarter 2, albeit with less impact, but officers have demonstrated a remarkable commitment to sustainable development by the capacity to determine applications at this time which is a testimony to the professionalism of the team.

5. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That the Committee note the report.

Ward(s): N/A Contact Officer: Paul O’Connor - Tel: 01905 722534 Background Papers:

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This page is intentionally left blank Page 27 Agenda Item 9

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION P13Q0221: RESIDENTIAL DEVELOPMENT (UP TO 200 DWELLINGS) INCLUDING INFRASTRUCTURE, ANCILLARY FACILITIES, OPEN SPACE AND LANDSCAPING. CONSTRUCTION OF NEW VEHICULAR ACCESS FROM NEWTOWN ROAD AND CONSTRUCTION OF EMERGENCY ACCESS TO NEWTOWN ROAD ON LAND AT THE FORMER RONKSWOOD HOSPITAL, NEWTOWN ROAD

1. Decision Required

1.1 The Development Services Manager recommends that Planning Committee endorses the suggested refusal reason had the application been determined.

2. Background

2.1 The application was submitted on 23rd April 2013. The period for determination expired on 23rd July 2013. An appeal against non-determination of the application has been made. The start date for this appeal is 1st August 2013.

2.2 Outline planning permission is sought for residential development of up to two hundred dwellings together with associated infrastructure, landscaping and an area of open space. The site will be accessed from an access point on Newtown Road opposite the junction with Canterbury Road (western junction). The proposal also makes provision for an emergency access from Newtown Road.

2.3 The submitted proposal is outline in format and seeks approval of access details only. All remaining matters (appearance, landscaping, layout and scale) are reserved for future consideration. The proposal is supported by indicative plans showing the approximate location of buildings, internal circulation routes and open space proposed as part of the development.

2.4 The application is accompanied by a suite of supporting documents comprising: Planning Statement; Design and Access Statement; Transport Assessment, Residential Travel Plan, Landscape and Visual Appraisal, Ecological Assessment, Flood Risk Assessment and Drainage Strategy, Statement of Community Involvement, Heritage Statement, Geotechnical Design Report and arboricultural survey.

3. Policies

3.1 The Town and Country Planning Act 1990 (‘the Act’) establishes the legislative framework for consideration of this application. Section 70(2) of the Act requires the decision-maker in determining planning applications/appeals to have regard to the Development Plan, insofar as it is material to the application/appeal, and to any other material consideration. Where the Development Plan is material to the development proposal it must therefore be taken into account. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application/appeal to be determined in accordance with the Plan, unless material considerations indicate otherwise.

Page 28

3.2 On 24th April 2013 the Secretary of State laid in Parliament a statutory instrument to revoke the Regional Strategy for the West Midlands, which came into force on 20th May 2013 (The Regional Strategy for the West Midlands (Revocation) Order 2013 (S.I. 2013/933)). This legislation also revoked all Directions which had previously saved policies of the Worcestershire Structure Plan. As a consequence, the Development Plan for Worcester now comprises:-

• The saved policies of the City of Worcester Local Plan (1996 - 2011), which was adopted on 8 October 2004. • The Worcester Balance Housing Market Development Plan Document, which was adopted on11 December 2007 • The Worcestershire Waste Core Strategy, which was adopted on 15 December 2012 • The saved policies of the County of Hereford and Worcester Minerals Local Plan, which was adopted in April 1997.

3.3 There are no policies of either the Worcestershire Waste Core Strategy or the Hereford and Worcester Minerals Local Plan that are relevant to the proposals. However, the following policies of the City of Worcester Local Plan 2004 are considered to be relevant to the proposals:-

NE5 Landscape protection NE7 Landscaping scheme BE1 Environmental standards for development BE2 Character and appearance of the City BE21 Development within archaeologically sensitive areas- design principles BE29 Light TR12 Parking Standards TR23 Green transport plans E1 Allocated employment land on brownfield sites CLT10 Requirements for additional educational facilities related to development CLT34 Open space standard and contributions

3.4 Other adopted Supplementary Planning Documents of relevance include: Accessibility (2012), Affordable Housing (2009), Archaeology and the Historic Environment (2007), Biodiversity and Trees (2007) and Education Contributions (2007). There is also adopted Supplementary Planning Guidance of relevance, namely SPG3: Residential Design Guide, and SPG11: Contributions to Open Space.

3.5 The Balanced Housing Market Development Plan Document is also relevant in the determination of this application. The Worcester Balanced Housing Market DPD supersedes many of the housing policies contained within the Local Plan; as such it is a material consideration in the determination of planning applications:

• Policy H5 deals with windfall housing sites. It states that planning permission will normally be granted for housing development on windfall sites provided that the site is not allocated for other non-residential uses in the LDF, or otherwise subject to policies that would mean that residential use was not appropriate. The site is currently being promoted through the LDF as a site suitable for housing, and is allocated as such in emerging policy. • Policy H6 deals with housing types and densities and the provision of affordable housing within windfall sites is dealt with within policy H7 which seeks to provide affordable housing at a level of 40% of the developable area. Page 29

3.6 The Worcestershire Local Transport Plan 3 (2011) and the Worcester Transport Strategy that gives it local focus, is a formally adopted document that sets out in detail the rationale for seeking mitigative funding, its calibration and a justification for why such funding may be considered directly related to the development. The premise is that nearly all such development will have a cumulative deleterious impact on the highway network and with detailed modelling this impact will increase unless mitigated. A formula is set out which distils the per-dwelling requirement (calculated at different amounts to reflect dwelling numbers) with the net contributions being pooled and applied across the area network. This is considered to be a reasonable model, supported by local planning and strategy that accords with the three regulatory criteria of the CIL, determining that these obligations may be taken into account. As such, I consider it is a significant material consideration in the assessment of this application.

3.7 The National Planning Policy Framework (the Framework) comprises national planning guidance which is relevant in the determination of this application. The Framework was published in March 2012 and replaced all existing national planning policies, except for Planning Policy Statement 10: Waste. The Framework sets out the Government's planning policies for England and how these are expected to be applied. It sets out the Government's requirements for the planning system only to the extent that is relevant, proportionate and necessary to do so and also sets out how decision-takers should proceed taking account of the date of adoption of the relevant policy and the consistency of the policy with the NPPF.

3.8 Key elements of the NPPF relevant to this application are:-

• Paragraph 6 states that the purpose of the planning system is to contribute to sustainable development. • Paragraph 7 identifies the economic, social and environmental dimensions of sustainable development. • Paragraph 17 states inter alia that planning should ‘always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.’ • Paragraph 14 - sets down the presumption in favour of sustainable development. • Paragraph 22 - states that the long term protection of sites allocated for employment should be avoided and applications should be treated on their own merits where there is no reasonable prospect of the site being used for employment use. • Paragraph 32 – states that all developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment and indicates that development should only be prevented or refused on transport grounds where the residual cumulative impacts of developments are severe. • Paragraph 47 - which sets out what Council’s should do to boost significantly the supply of new homes. This requires the need to identify annually sites sufficient to provide five years’ worth of housing requirements with additional buffers of 5% and 20%, depending on whether there has been a record of persistent under delivery of housing, to ensure choice and competition in the market for land. Page 30

• Paragraph 49 - which states significantly that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the Local Planning Authority cannot demonstrate a five year supply of deliverable housing sites. • Paragraph 69 states that decisions should aim to achieve places which promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion.

3.9 With regard to decision-making paragraph 214 of the Framework confirms that:-

“For 12 months from the day of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework.”

3.10 Thereafter, paragraph 215 stipulates that:-

“In other cases and following this 12-month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).”

3.11 In this particular case all of the aforementioned Local Plan policies and DPD are considered to be in general conformity with the Framework. As such, it is considered that due weight should be given to these policies.

3.12 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

• the stage of preparation of the emerging plan (the more advanced the preparation 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);and • the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”

3.13 The South Worcestershire Development Plan (SWDP) has been submitted to the Secretary of State for examination in the latter part of this year. The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP1 Overarching Sustainable Development Principles SWDP2 Development Strategy and Settlement Hierarchy SWDP4 Moving Around South Worcestershire SWDP5 Green Infrastructure SWDP7 Infrastructure SWDP8 Providing the Right Land for Buildings and Jobs SWDP13 Effective Use of Land SWDP14 Housing Mix SWDP15 Meeting Affordable Housing Needs SWDP21 Design Page 31

SWDP22 Biodiversity and Geodiversity SWDP25 Landscape Character SWDP27 Renewable and Low Carbon Energy SWDP28 Management of Flood Risk SWDP29 Sustainable Drainage Systems SWDP30 Water\Resources, Efficiency and Treatment SWDP31 Pollution SWDP39 Provision of Outdoor Community Uses in New Development SWDP62 Implementation

3.14 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

3.15 Notwithstanding the above, the presumption under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the proposal shall be determined in accordance with the development plan unless material considerations indicate otherwise.

4. Planning history

4.1 The site has been subject to several previous applications. However, I consider the most relevant applications are:

P12Q0232 - Residential development (up to 200 dwellings) including infrastructure ancillary facilities, open space and landscaping, construction of new vehicular access from Newtown Road and construction of emergency access to Newtown Road. Approved by Planning Committee on 22nd January 2013.

P13Q0171 - Application for reserved matters (pursuant to outline planning approval P12Q0232) for 181 dwellings (including 72 affordable units) - details of siting, design, external appearance and landscaping. Approved by Planning Committee on 23rd May 2013.

5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:

Natural England: No objection

Severn Trent Water: No objections subject to condition

South Worcestershire Land Drainage Partnership: Commented on disposal of surface water and other drainage detailing

Worcester City Council Landscape and Ecology Officer: No objection in principle. Suggested amendments to site layout and buffer planting zones to improve site setting

Worcestershire Regulatory Services: Commented on the proximity to the Newtown Road Air Quality Management Area (AQMA).

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Highway Authority: – Commented that the County Council’s position remains unchanged from the previous outline application P12Q0232 and that its recommendation is for refusal unless the previously agreed WTS contribution sum is forthcoming.

5.2 Neighbours: 2 letters have been received from neighbouring residents. Concerns have been expressed regarding the following:-

• traffic impact on highway network; • parking; • views of the site from elsewhere in the City; and • desire for fewer houses and bungalows to be incorporated within the site.

6. Comments of the Development Services Manager

6.1 Apart from the additional/amended transport information this application is identical to outline planning application P12Q0232, which was presented to the Planning Committee and approved on 20th December 2012. A copy of the report is attached as Appendix 1 . As part of that approval there was a requirement for a contribution of £4,530 per residential unit towards the Worcester Transport Strategy. The current proposal would also be subject to a requirement for a similar contribution.

6.2 The NPPF indicates that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. This application seeks to indicate that there is no severe impact on the highway network as a result of this development and therefore there is no requirement to make the contribution. However, the Highway Authority has indicated within their consultation response that the new/additional information submitted with this application has failed to overcome their previous comments/concerns and as such stand by the need for a WTS contribution as the proposal would have a severe impact on highway grounds.

6.3 Otherwise, I have no objections to the proposal, subject to the conditions set out in the plans list and a Section 106 Agreement with regard to affordable housing, open space and education contributions. This view would be supported by the approval granted by Planning Committee at the beginning of this year and subsequent reserved matters approval.

6.4 Taking the above and all material considerations into account I am unable to offer support to this application on the grounds of highway capacity impact and as such recommend that planning permission is refused for the following reason:

The Worcestershire Local Transport Plan 3 (2011) and the Worcester Transport Strategy that gives it local focus requires all development proposals, where appropriate, to make provision for related highway works, infrastructure and services. Developers will be required to finance the full cost of all such provision which is fairly and reasonably related in scale and kind to the proposed development and its impact on the local highway network. These provisions will be the subject of planning obligations to be secured prior to the issue of planning permission. This is reflected in Policy BE1 of the City of Worcester Local Plan 2004, which requires residential development proposals to contribute to the interests of highway safety.

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The Local Planning Authority, in consultation with the County Council, has identified that the proposed development would generate a severe impact on the transport network which would require provision of mitigation measures. The cost of such provision would equate to £4,530 per residential unit, which is required to be paid as a commuted sum through an agreement under the provisions of Section 106 of the Town and Country Planning Act 1990. The applicant has failed to enter into such an agreement and, in the opinion of the Local Planning Authority the proposed development would have a severe impact on the transport network. The proposal would thereby also be contrary to Policy BE1 of the City of Worcester Local Plan 2004, and the aims and interests that the Worcestershire Local Transport Plan 3 (2011) and the Worcester Transport Strategy and National Planning Policy Framework seek to protect and promote with regard to the transport impact of development.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Planning Committee endorses the suggested refusal reason had the application been determined.

Ward(s): Warndon Parish South Contact Officer: Nick Kay – Tel: 01905 722560 Background Papers: Application P12Q0232 Planning Committee report

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This page is intentionally left blank Page 35 Agenda Item 9 Appendix 1

Report to: Planning Committee - 20 th December 2012

Report of: Development Services Manager

Subject: APPLICATION P12Q0232: RESIDENTIAL DEVELOPMENT (UP TO 200 DWELLINGS) INCLUDING INFRASTRUCTURE, ANCILLARY FACILITIES, OPEN SPACE AND LANDSCAPING. CONSTRUCTION OF NEW VEHICULAR ACCESS FROM NEWTOWN ROAD AND CONSTRUCTION OF EMERGENCY ACCESS TO NEWTOWN ROAD ON LAND AT THE FORMER RONKSWOOD HOSPITAL, NEWTOWN ROAD, WORCESTER

1. Decision Required

1.1 The Development Services Manager recommends that the Committee grant planning permission, subject to the completion of a Section 106 Agreement and to the conditions set out in the plans list.

1.2 The application is referred to the Committee as the proposed development is a major planning application.

2. Background

2.1 The application site comprises a vacant parcel of land which is 5.7 hectares in size. The site forms part of a larger site which is 7.2 hectares in size and was previously occupied by the Ronkswood Hospital. The proposal relates to the largest portion of the site and also includes public highway land at Newtown Road.

2.2 The site is located to the east of the city centre on Newtown Road, which forms one of the main arterial roads into the city. The application site sits on a plateau which is elevated above much of the city and slopes from north to south and east to west.

2.3 The site is bordered by open space to the north by the former Tolladine Golf Course, which is allocated as part of the ‘Green Network’ in the adopted local plan proposals map, and by Ronkswood Hill Farm. The site is bordered by residential properties to the south and a care home to the east that is currently under construction, beyond which lies a recent development of residential properties at Darwin Avenue. The site is accessed from Newtown Road.

2.4 This site forms part of a wider site which is currently allocated for employment use in the adopted local plan. The draft South Worcestershire Development Plan allocates the site for ‘a care home, care village and residential development’ (policy ref SWDP6/14).

2.5 The application site does not contain any listed buildings, is not located in a conservation area and is not governed by any environmental designations. The site adjoins a special wildlife site and the Green Network as designated in the adopted local plan proposals map.

2.6 The submitted proposal seeks outline planning consent for the erection of up to two hundred dwellings together with associated infrastructure, landscaping and an area of open space. The site will be accessed from an access point on Newtown Road opposite the junction with Canterbury Road (western junction). The proposal also makes provision for an emergency access from Newtown Road. Page 36

2.7 The submitted proposal is outline in format and seeks approval of access details only. All remaining matters (appearance, landscaping, layout and scale) are reserved for future consideration. The proposal is supported by indicative plans showing the approximate location of buildings, internal circulation routes and open space proposed as part of the development.

2.8 To facilitate the creation of the proposed vehicular access to the site it will be necessary to remove trees along the site frontage on Newtown Road: some of these trees are protected by a Tree Preservation Order.

2.9 The application is accompanied by a suite of supporting documents comprising: Planning Statement; Design and Access Statement; Transport Assessment, Residential Travel Plan, Landscape and Visual Appraisal, Ecological Assessment, Flood Risk Assessment and Drainage Strategy, Statement of Community Involvement, Heritage Statement, Geotechnical Design Report and arboricultural survey.

2.10 The proposal is submitted following public consultation which took the form of a planning exhibition consultation event in February 2012 and was the subject of pre- application discussions with the Local Planning Authority.

3. Policies

3.2 In this instance the Development Plan comprises the West Midlands Regional Spatial Strategy (formerly known as RPG11), which was initially published by ODPM in June 2004; the Worcestershire County Structure Plan (1996 - 2011), which was approved on 4 June 2001, and; the City of Worcester Local Plan (1996 - 2011), which was adopted on 8 October 2004.

West Midlands Regional Spatial Strategy (RSS11)

3.3 The WMRSS remains part of the development plan, although the Secretary of State is committed to abolishing it. The revocation of Regional Strategies has come a step closer following the enactment of the Localism Act on 15th November 2011. In a recent statement by Baroness Hanham CBE on 25 th July 2012 it was confirmed that it remains the Government’s intention to abolish Regional Strategies. However, it is continuing to delay their revocation as it wishes to update assessments and undertake further consultation. The statement also re-affirms that the proposed revocation of the Regional Strategies may be regarded as a material consideration by decision makers when determining planning applications and appeals. However, until such time as the WMRSS is formally revoked by Order, limited weight should be attributed to the proposed revocation in determining this application.

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3.4 In general terms, the policies provide strategic guidance for development in the West Midlands with the aim of providing for the future performance of the region’s economy. There are no policies that provide unequivocal support for or objection to the proposals. However, it sets a regional target for at least 76% of future housing within the region to be provided on previously developed land. The adopted RSS defines four Major Urban Area (MUAs) Birmingham/Solihull, the Black Country, Coventry and North Staffordshire), and five sub-regional foci of Hereford, Rugby, Shrewsbury, Telford and Worcester. The policies for the sub-regional foci indicate that development should be aimed at meeting locally generated needs at a level to support balanced and sustainable communities (para. 3.9 and policy CF2). Policy UR2 seeks to ensure regeneration in Worcester.

3.5 The RSS seeks to direct economic growth in the Major Urban Areas. In all areas in need of modernisation and renewal, policy PA5 suggests that Local Planning authorities should designate those areas which are in particular need of economic improvement. The site is not identified as having this status. With regard to employment the RSS aims to establish and maintain a portfolio of sustainably located employment sites which are attractive to developers and appropriate to market needs. It identifies three high technology corridors, one of which is the Birmingham to Worcestershire Central Technology Belt.

3.6 Worcester City is identified as a key node on this corridor which runs from Birmingham to the Malvern Hills Science Park and is an area where Advantage West Midlands (the former Regional Development Agency) wished to see investment in the future to encourage employment opportunities. Supporting paragraph 7.18 of policy PA3 - High Technology Corridors, states that land and premises for mature and growing firms that do not need to be in such close proximity to the research base should be provided in the key nodes. Overall the policy states that "corridor developments should be at key nodes well served by public transport, where there is a high quality environment and supporting infrastructure, including higher education, research facilities, leisure and cultural facilities and attractive housing" (Paragraph 7.20).

3.7 Policy PA6 addresses portfolio of employment land. It states that local planning authorities should aim to provide a range and choice of readily available employment sites to meet the needs of the regional economy. The policy goes on to state that local planning authorities should review all existing employment sites within their area to establish their continued suitability for employment development.

3.8 Given the scale and nature of the proposals I consider that little, if any, weight should be given to the proposed abolition in this case as it remains subject to two significant legal obstacles, namely: Parliamentary approval, and; the Strategic Environmental Assessment (SEA) process. To do so would require members to prejudge Parliamentary acceptance of the proposal and the outcome of the SEA process. This will, of course, change if the proposal progresses, or fails to progress, through the legislative and environmental assessment process.

Worcestershire County Structure Plan (1996-2011)

3.9 The Worcestershire County Structure Plan sets out the levels of housing and employment development for the period 1996-2011. Policy D.19 requires Worcester City to provide “about 75 hectares” of Class B employment land while policy D.20 requires “a portfolio of sites in terms of size, location and quality”.

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3.10 Policy D.26 sets out the preferred locations for office development in the County (both A2 and B1). It states that where suitable sites are not available in the town centres of the of the urban areas listed (includes Worcester), a sequential approach is to be applied to finding a suitable location for employment development in edge of centre, district or local centre and then out of centre locations accessible by a choice of means of transport. It states that district councils should follow this approach to site selection.

3.11 Sustainable Development Policies SD6 and particularly SD7 reiterate the sequential approach to site selection. Supporting paragraph 4.43 of policy SD7 states that in the case of employment development regard should be had in the application of the sequential approach for the need to provide a portfolio of sites to cater for the different requirements in terms of size location and infrastructure provision.

3.12 With regard to residential development proposals Policy D.9: Density of Housing Development states that in order to make efficient use of land, District Planning Authorities in carrying out their planning functions will be expected to discourage low density housing development, of less than thirty dwellings per hectare net, unless there are local circumstances including the character of the surrounding area which indicate otherwise. Sites within or adjacent to the urban area or rural settlements should be developed at densities between thirty and fifty dwellings per hectare net. Within town and local centres where there is good public transport accessibility and around major nodes along good quality public transport corridors, densities of about seventy dwellings per hectare net should be achieved.

3.13 Transportation policies T1, T2, T4 and T10 in the Structure Plan relate to the accessibility of new development proposals by a range of transport means and car parking.

City of Worcester Local Plan (2004)

3.14 The following policies are considered to be relevant to the proposals:-

3.15 Other adopted Supplementary Planning Documents of relevance include: Accessibility (2012), Affordable Housing (2009), Archaeology and the Historic Environment (2007), Biodiversity and Trees (2007) and Education Contributions (2007). There is also adopted Supplementary Planning Guidance of relevance, namely SPG3: Residential Design Guide, and SPG11: Contributions to Open Space.

3.16 The Balanced Housing Market Development Plan Document is also relevant in the determination of this application. The Worcester Balanced Housing Market DPD Page 39

supersedes many of the housing policies contained within the Local Plan; as such it is a material consideration in the determination of planning applications:-

• Policy H6 deals with housing types and densities and the provision of affordable housing within windfall sites is dealt with within policy H7 which seeks to provide affordable housing at a level of 40% of the developable area.

National Planning Policy Framework

3.17 On the 27 th March 2012 the government published the National Planning Policy Framework (NPPF), which replaced the national Planning Policy Statements (PPS’s) and Planning Policy Guidance (PPG’s) relevant in the assessment of planning application W/03/01772/CU. The NPPF largely carries forward existing planning policies and protections in a significantly more streamlined and accessible form. It also introduces the presumption in favour of sustainable development and makes adjustments to some specific policies.

3.18 Paragraph 7 of the NPPF explains the three dimensions to sustainable development – an economic role, a social role and an environmental role. Paragraph 17 sets out 12 principles that planning should achieve. The NPPF also sets out how decision-takers should proceed taking account of the date of adoption of the relevant policy and the consistency of the policy with the NPPF.

3.19 Key elements of the NPPF relevant to this application are:-

• Paragraph 14 - which sets down the presumption in favour of sustainable development.

• Paragraph 22 - which states that the long term protection of sites allocated for employment should be avoided and applications should be treated on their own merits where there is no reasonable prospect of the site being used for employment use.

• Paragraph 47 - which sets out what Councils should do to boost significantly the supply of new homes. This requires the need to identify annually sites sufficient to provide five years’ worth of housing requirements with additional buffers of 5% and 20%, depending on whether there has been a record of persistent under delivery of housing, to ensure choice and competition in the market for land.

• Paragraphs 208 – 216, which set out how weight should be attributed to Development Plan policies. Page 40

3.20 The NPPF makes it clear that Development Plan policies have to be considered in the light of the publication of the NPPF.

4. Planning history

4.1 The wider former Ronkswood Hospital site has been subject to the following applications:-

P11Q0245- Development of a Care Home and Extra Care apartments along with associated works and landscaping

P05Q0191- Outline application for Use Class B1 business park with access not reserved (approved). Time limit for submission of reserved matters relating to this proposal extended to 14 years under planning application P06Q0199.

P04J0101- Residential development comprising 35no dwellings. (approved). This has now been completed and forms the dwellings at Darwin Avenue to the east of the application site.

5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:-

Natural England - no objection

West Mercia Constabulary - Request for an on-site police post to be provided on the site. Request subsequently withdrawn

Severn Trent Water - No objections subject to condition

Tree Officer - No objection

South Worcestershire Land Drainage Partnership - No objections

Regeneration and Business Engagement Team - No objection

Cleaner and Greener Department - Concerns regarding the indicative internal road layout and suitability for access for long refuse vehicles

Worcester City Council Landscape and Ecology Officer – No objection in principle. Suggested amendments to site layout and buffer planting zones to improve site setting

Worcestershire Wildlife Trust - No objection subject to conditions

Hereford and Worcester Fire and Rescue Service - No comments

Worcestershire Regulatory Services - No objections subject to conditions

Housing Strategy Team - No objection

City Archaeologist - No objection subject to conditions Page 41

West Mercia Constabulary - No objections. Concerns expressed regarding indicative internal layout.

Worcestershire County Council Directorate of Children’s Services - Education contributions sought in accordance with Worcester City Council’s SPD on obligations for educational facilities.

Highway Authority - No objection subject to conditions and applicant entering into legal agreement regarding payment of contributions towards the Worcester Transport Strategy.

5.2 At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members in the form of a late paper.

5.3 Neighbours : 2 letters have been received from neighbouring residents. Concerns have been expressed regarding the following:-

• traffic- impact on highway network • parking • views of the site from elsewhere in the City • desire for fewer houses and bungalows to be incorporated within the site

6. Comments of the Development Services Manager

6.1 In my opinion, the main issues raised by the proposal relate to the following matters:-

1. Principle of the proposed residential development 2. Impact on the highway network 3. Submitted travel plan 4. Proposed site access 5. Proposed indicative site layout 6. Conformity with surrounding land uses/impact on the amenity of adjoining land users 7. Landscaping, ecology and trees 8. Developer contributions

These issues will now each be considered in turn.

6.2 Principle of the Proposed Residential Development

6.2.1 The site is allocated in the adopted Local Plan for employment use (Brownfield Employment Site) and as such Policy E1 (Allocated Employment Land on Brownfield Sites) is applicable. This policy allocates the application site for employment use in order to meet current and proposed employment land provision (Class B1 provision). In line with this allocation the site benefits from outline planning permission for the development of a business park.

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6.2.2 In the proposed South Worcestershire Development Plan Preferred Options the application site is allocated for residential development (site allocation SWDP SWDP6/13).

6.2.3 The South Worcestershire Development Plan is in draft form and does not form part the planning policy framework against which this planning application will be determined. As such, it carries little, if any, weight as a material consideration in planning terms. The proposed development of the brownfield site for residential use is contrary to the provisions of the current Development Plan, regardless of its proposed allocation in the Preferred Options of the South Worcestershire Development Plan, and therefore constitutes a departure from the current Development Plan.

6.2.4 Notwithstanding the above, it is worthwhile noting that I have not received an objection to this proposal from the Council’s Regeneration and Business Engagement Officer.

6.2.5 Guidance set down in paragraph 22 of the NPPF is pertinent in the determination of this application. This guidance states that the long term protection of sites allocated for employment should be avoided and applications should be treated on their own merits where there is no reasonable prospect of the site being used for employment use. As set out above the site is allocated for employment use in the current local plan and currently benefits from outline consent for the development of the site as a business park. The site has been marketed for this use for some time and it is considered that there is little prospect of the site being developed for these purposes in the future. As set out above there is no objection to the submitted proposal from the Council’s Regeneration and Business Engagement Officer. I give considerable weight to this national guidance and consider that in this particular case there are other material considerations which outweigh the aforementioned allocation and render the proposal acceptable in principle.

6.2.6 The application site is situated in a sustainable location with good connections to the public transport network. The site comprises a brownfield site which, in accordance with the expectations of the NPPF, makes the most effective use of land by re-using previously-developed land. As such it is considered that the submitted proposal accords with the broad aims of the NPPF.

6.3 Impact on the Highway Network

6.3.1 The submitted proposal seeks outline planning consent for the erection of up to 200 dwellings. In accordance with the expectations of local plan policy BE1 it is necessary to ensure that the proposed development contributes to the interests of highway safety. This is also reflected in the general objectives of the NPPF which has sustainable development at its core, including the promotion of sustainable transport.

6.3.2 The consultation response of the Highway Authority details the impact of the proposed development on the wider highway network. These comments outline a potential severe impact on the wider highway network and as such a transportation contribution has been sought to mitigate against these severe impacts. This contribution seeks to deliver the improvements set down in the Worcester Transport Strategy across the highway network, including a package of infrastructure and service schemes which includes the following:

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• Key radial and Orbital Corridors in Worcester, including Local Highway improvements such as traffic signal/UTMC upgrades and amended TRO's to enhance traffic flows (This will improve the flow of all traffic and help to protect buses from the effect of increased traffic, with the aim of enabling service frequency to be maintained without increasing crew/vehicle resources, thereby reducing the need for subsidy.

• Local Passenger Transport Infrastructure and Services improvements along key radial corridors (including bus stop improvements, traffic signals upgrade and service enhancements)

• Improvements to non-Highways Agency managed strategic highway links, including A4440, A38, A44, A449 (and associated links with the Highways Agency network at M5 Junctions 6 & 7) Access to the strategic rail network, including Worcestershire Parkway

• Local Rail Station improvements to Worcester Foregate Street and Worcester Shrub Hill stations

• Smarter Choices Measures which maximise use of walk, cycle and passenger transport modes (drawing on the Worcester and Redditch ‘Choose How You Move’ projects)

6.3.3 The development will have a local impact, needing a specific junction improvement. It will also have a wider transport impact. The schemes set out above are infrastructure requirements needed to address the harm caused by developments envisaged by the Draft SWLP and are therefore related to those developments.

6.3.4 The applicant has agreed to the payment of a sum of £906,000 to mitigate against this impact has and confirmed that a travel plan which achieves at least a 10% reduction in private car travel will be submitted to the Local Planning Authority and the Highway Authority for approval prior to the first occupation of the development. The Highway Authority has confirmed that the sum of £906,000 and the terms of the payment of this sum to be acceptable and, as such, has removed its objection to the submitted proposal.

6.3.5 Both the Local Planning Authority and the Highway Authority have sought counsel’s opinion on the justification for seeking a transportation contribution in the absence of a local plan policy for the payment of contributions in relation to residential development proposals. Both opinions concur that it would be reasonable and appropriate for the Local Planning Authority to seek a contribution in light of the cumulative severe impacts on the highway network resulting from the proposed development. It is considered that the requested contribution is justified and accords with the expectations of the NPPF paragraph 204 in that they satisfy the relevant tests set out in The Community Infrastructure Levy (CIL) Regulations, which came into force on 6 April 2010.

6.3.6 Although the Regulations mainly concentrate on the mechanics of putting together a CIL regime, they also include some significant changes to planning obligations made under Section 106. The Regulations now put the Government’s policy test for the use of Section 106 obligations on a statutory footing, thereby removing the discretion of local planning authorities as to whether or not the test, as previously set out in Circular 05/2005, is strictly applied. Regulation 122 of the Community Infrastructure Levy Regulations now requires that a planning obligation should be: Page 44

1. necessary to make the development acceptable in planning terms; 2. directly related to the development; and 3. fairly and reasonably related in scale and kind to the development

6.3.7 This is reflected in paragraph 204 of the NPPF. I am satisfied that the contribution sought by the Highway Authority sufficiently complies with the requirements of paragraph 204 of the NPPF and regulation 122 of the 2010 Regulations. Given the above it is considered that the submitted proposal, with the benefit of a payment towards the Worcester Transport Strategy (WTS) and a robust travel plan, will not result in harm to the highway network and as such accords with the expectations of local plan policy BE1 and the general guidance set down in the NPPF.

6.4 Submitted Travel Plan

6.4.1 The NPPF advocates the use of travel plans in promoting sustainable transport choices. Accordingly the application is supported by a Residential Travel Plan prepared by PFA Consulting which sets out a range of mechanisms and initiatives to reduce unnecessary travel and encourage sustainable travel and sets out targets for these.

6.4.2 The Highway Authority has raised objections to the submitted travel plan as it is considered that it does not provide sufficient evidence to show that a reduction of a sufficient magnitude in private car use can be achieved and as such the development could have a far greater impact on the highway network than has been modelled above. Assessments undertaken by the Highway Authority to determine the impact this development has on both the local and strategic highway network has assumed a reduction in car trips of between 8 and 10%. The Travel Plan does not provide sufficient evidence to show that a reduction of this magnitude can be achieved. Given this the submitted proposal is likely to have a greater impact on the wider network than has been modelled due to the greater number of trips generated. The Highway Authority has requested that a condition be attached to any planning permission that is granted for the submission of a robust travel plan prior to the first occupation of the development which sets out a reduction of at least 10% in private car trips, to be agreed in writing by the City Council. I consider this to be an appropriate request to ensure that the development does not result in further impacts on the highway network. A suitably worded condition is therefore recommended as set out in the plans list.

6.5 Proposed Site Access

6.5.1 It is proposed that the two existing vehicular accesses to the site on Newtown Road are closed to traffic and a new single vehicular access be provided by incorporating a northern arm to the existing Newtown Road/Canterbury Road (west) traffic signal controlled junction. In addition to this it is proposed that Newtown Road will be widened to provide a dedicated right-turn lane on the western approach to the junction. Controlled pedestrian crossings will be maintained on all arms of the junction with a staggered pedestrian crossing on the eastern arm. The existing bus lane arrangements will remain.

6.5.2 Emergency access to the site will be provided on Newtown Road, approximately one hundred and fifty metres to the east of the proposed main access junction. Pedestrian access to the site will be gained from several points along Newtown Road along the site frontage. Part of the pedestrian footpath network which currently runs Page 45

along the site frontage at Newtown Road will be incorporated within the application site running adjacent to Newtown Road. The indicative masterplan submitted in support of the application shows the proposed dwellings provided with car parking within parking courts and adjacent to properties. This plan is indicative only and will be considered in detail at the reserved matters stage.

6.5.3 The Highway Authority has raised no objection in principle to the proposed junction, subject to the payment of the aforementioned contribution towards the WTS and the submission of a robust travel plan which sets out the measures to achieve a reduction in private car use. Given this it is considered that the submitted proposal accords with the expectations of local plan policy BE1 with regards to the contribution towards the interests of highway safety (criterion g).

6.6 Design and Layout of the Proposal

6.6.1 The proposal is outline in format. Indicative plans showing the layout of the proposed development have been submitted which show a scheme of 200 dwellings comprising a mixture of detached, semi-detached, and terraced properties varying in height from 2 to 3 storeys. The site will be accessed from Newtown Road at a junction opposite Canterbury Road. The indicative layout makes provision for two local areas of play (LAP) and a local equipped area of play (LEAP) and a sustainable drainage pond.

6.6.2 The indicative plans show a layout and dwelling style which is in keeping with the application site surroundings. The application site borders a care home currently under construction which varies between two and three storeys in height, beyond which lies residential units of two-three storeys in height. To the south the site borders two storey residential units. The indicative masterplan shows a development of between two and three storeys in height which is considered to be appropriate to the application site and consistent with the overall character of the surrounding area. The indicative layout shows adequate separation between the proposed dwellings and the units that border the application site.

6.6.3 The proposed development would generate an average net density of thirty seven dwellings per hectare, excluding the area devoted to SUDS drainage and highways improvements. This would accord with the expectations of the Balanced Housing Market DPD (paragraph 4.37) which suggests an appropriate density for suburban areas of between 35-55 dwellings per hectare. This is considered to represent an efficient use of this previously-developed site whilst remaining consistent with the suburban character of the area surrounding the application site.

6.6.4 The submitted proposal makes provision for open space in the form of two (LAP’s) and a (LEAP) as well as further pockets of open space throughout the site and a linear perimeter green route to the site’s southern and western boundaries.

6.6.5 Concerns have been raised by the West Mercia Constabulary in relation to the proposed internal site layout, specifically in regard the location of the proposed LAP/LEAP in relation to the site boundary and the potential for anti-social behaviour, contrary to the expectations of local plan policy BE1 and the guidance set down in the NPPF. These concerns have been noted and raised with the applicant. The current submission is outline in format with all matters except access reserved for future consideration. The internal site layout, including the location of areas of open space, is indicative in nature. The detailed site layout will be considered on submission of the reserved matters application, at which point a detailed Page 46

consideration of the proposed layout will take place, including consideration of the points raised above.

6.6.6 Similarly it is considered appropriate that the concerns expressed by the Cleaner and Greener Department regarding the capacity of the internal layout to accommodate refuse vehicles are resolved during the consideration of the reserved matters application for layout. The internal layout shown is indicative in nature. Efforts will be made to ensure that the layout subject of the reserved matters application is informed by the guidance given by statutory consultees, including those made by the City Council’s Landscape Officer regarding the proposed landscaping at the site access and buffering to the site’s northern boundary.

6.7 Conformity with Surrounding Land Uses and Impact on the Amenity of Adjoining Land Users

6.7.1 The proposed use of the site for residential use is considered to be compatible with the surrounding area in land use terms which comprises residential units and an extra care facility currently under construction.

6.7.2 Indicative layout plans show a proposed development which will measure between two and three storeys in height. Due to the distance between the site and the nearest adjoining buildings it is considered that the proposal is unlikely to give rise to overlooking, noise disturbance or loss of light to adjoining land users. Nevertheless, as the application is outline in format with all matters except access reserved for future consideration detailed consideration of the proposed layout will take place at the reserved matters stage to ensure the development achieves an acceptable standard of design, layout and appearance to satisfy the aims and objectives that relevant Development Plan policies, locally adopted supplementary planning guidance/documents and the NPPF seek to protect and promote.

6.8 Landscaping, Ecology and Trees

6.8.1 The application site forms part of a local plateau which is seen from a broad area of the city centre. The site slopes from north to south and east to west from a height of 82 metres AOD to 74 metres AOD. The site comprises uneven, open space with areas of concrete hardstanding, remnants of demolished buildings and pathways and occasional piles of building rubble. Low mounds of grass covered spoil/ earth associated with the construction works are found to the east of the site.

6.8.2 The application site boundaries comprise a mixture of 1.8 metre high post and wire mesh fencing, red brick walls, Heras security fencing and informal grass and undergrowth border. Boundary vegetation comprises a mixture of hedge and trees of varying heights. Significant trees are found to the site’s southern boundary and the existing vehicular access point to the site: some of these trees are the subject of individual/group Tree Preservation Order.

6.8.3 The proposal is supported by a Landscape and Visual Appraisal and an indicative landscaping scheme, although landscaping has been reserved for future consideration at the reserved matters stage.

6.8.4 With regard to the indicative landscaping scheme it is considered that the proposed development is pulled too close to the site boundaries, in particular to the western boundary, in which is it proposed to create a buffer planting/zone and to the sensitive southern boundary at Newtown Road. The submitted proposal shows the Page 47

loss of trees to facilitate the proposed access arrangements, some of which are the subject of a Tree Preservation Order. I have not received any in principle objections to this from the Council’s Tree Officer subject to suitable replacement planting. In the context of the overall proposed indicative layout and landscaping scheme it is considered that this detail is lacking at this stage and the indicative landscaping layout does not consider how the loss of these trees will be addressed in the new landscape design. However, as detailed in earlier sections of this report, when assessing the merits of the submitted proposal it should be noted that this application is in outline format with all matters except access reserved for future consideration - the landscaping proposals are therefore only indicative and do not infer any acceptance or approval of this detail and landscaping layout. The reserved matters application will be the appropriate point at which the detailed landscape layout is assessed and a scheme which addresses the aforementioned issues is considered.

6.8.5 The submitted proposal is also supported by an Ecological Assessment. This survey concludes that the majority of this brownfield site is of negligible ecological interest. The loss of such habitats, for example within areas of hardstanding and amenity grassland, is not considered to be significant in ecological terms. Other habitats within the application site, for example hedgerows and scrub, are of some ecological interest at the site level. These habitats will be lost through the proposed development. The ‘Assessment concludes that the loss of these habitats for development purposes is not considered to be significant in ecological terms. The retention of some of the existing trees and new planting will provide opportunities for improving biodiversity, which can be considered in detail at the reserved matters application stage.

6.8.6 Two trees, one within the application site and one just outside of it, have been identified as having some potential to support roosting bats. Subject to appropriate conditions Natural England and Worcestershire Wildlife Trust are satisfied that the proposed development should not result in potential harm to this protected species or its habitat.

6.8.7 I have not received any objections to this proposal from the Council’s Ecologist and on balance consider that the proposal accords with the objectives of local plan policy NE5 and guidance set down in the NPPF.

6.9 Developer Contributions

6.9.1 In accordance with local plan policy CLT34 and SPG11 ‘Contributions to Open Space from New Residential Development’ a commuted sum open space contribution is required for this development.

This figure is dependent on the overall number of dwellings proposed on submission at the reserved matters stage. The applicant has agreed to the payment of this contribution.

6.9.2 In accordance with local plan policy CLT10 and SPD ‘Education Contributions’ a commuted sum education contribution is required for all market dwellings of two bedrooms in size and above. This figure is dependent on the overall number, mix and size of dwellings proposed on submission of the reserved matters application. The applicant has agreed to the payment of this contribution.

6.9.3 The applicant has also agreed to make provision for 40% affordable housing in Page 48

accordance with the requirements of Policy H7 of the Balanced Housing Market DPD.

6.9.4 Earlier sections of this report make reference to the Highway Authority’s comments in relation to the impact of the proposal on the wider highway network and the level of contribution towards transport infrastructure necessary to mitigate against this. As referred to in earlier sections of this report the applicant has agreed to a contribution of £906,000 towards the WTS.

6.9.5 This contribution, the commuted sum payments and affordable housing provision requires a Section 106 Agreement to be entered into. The draft Heads of Terms for this Agreement can be found at Appendix 1.

7. Recommendation of the Development Services Manager: That Committee is minded to grant planning permission for the development subject to the applicant entering into an agreement under Section 106 of the Town and Country Planning Act in accordance with the agreed Heads of Terms and subject to the Legal Services Manager being satisfied with the nature of such an Agreement delegate to the Development Services Manager to grant the necessary planning permission, subject to the conditions set out in the plans list.

Ward(s): Warndon Parish South Contact Officer: Nichola Robinson Tel: 01905 772567 Background Papers: P12Q0232

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DRAFT HEADS OF TERMS

Proposed Planning Obligation Agreement Section 106 Town and Country Planning Act 1990 Planning Application: P12Q0232

Residential development (up to 200 dwellings) including infrastructure ancillary facilities, open space and landscaping. Construction of new vehicular access from Newtown Road. Construction of emergency access to Newtown Road at Former Ronkswood Hospital. Newtown Road, Worcester.

1. The Developer covenants with the County Council to pay the County Council a financial contribution for the improvement of educational facilities at Perry Wood Primary School and Nunnery Wood High School or such other educational establishment within the catchment area as may be specified by the County Council, on the basis of:-

£1,764 per dwelling for flats of 2 or more bedrooms £4,409 per dwelling for 2/3 bedroom dwellings £6,614 per dwelling for 4 or more bedroom dwellings

which 50% of the sum shall be paid on or before occupation of any unit and the remainder paid on or before occupation of 50% of the units.

No contribution is required for 1 bedroom dwellings nor dwellings defined as affordable housing.

2. In the event that the County Council does not for any reason use the said sum in Clause 1 for the purposes specified in the Agreement within ten years of the date of the Agreement, the County Council shall repay to the developer the said sum or such part thereof which has not been used by the County Council.

3. The developer covenants with the City Council in lieu of the provision of allotment and sports facility provision on the land to serve the development to pay to the City Council a financial contribution on the basis of £578 per dwelling. Contributions are required for dwellings defined as affordable housing and which sums shall be paid on or before the commencement of development.

4. The monies pursuant of clause 3 shall be used for the provision of off-site open space facilities including:-

- Improvement of sports facilities on King George V playing field; - Acquisition of land and laying out of allotments to serve the development;

5. In the event that the City Council does not for any reason use the said sum in Clause 3 for the purposes specified in the Agreement within ten years of the date of the Agreement, the City Council shall repay to the developer the said sum or such part thereof which has not been used by the City Council.

6. At the same time as submitting an application for approval of reserved matters pursuant to the permission, details as to the provision of Public Open Space including 2 Local Areas of Play (LAP) and 1 Local Equipped Area of Play (LEAP) shall be Page 50

submitted to the City Council. The developer covenants with the City Council to lay out the Public Open Space and equip the Local Equipped Area of Play as approved under the reserved matters application no later than the date on which 100 dwellings are first occupied pursuant to the permission and having received written confirmation from the City Council that the Public Open Space has been laid out and equipped to its reasonable satisfaction thereafter to retain maintain and manage the Public Open Space in accordance with a Landscape Masterplan for a minimum period of 12 months AND to ensure that the Public Open Space is retained as publicly accessible areas.

7. Upon expiry of the said 12 months to invite the Council to inspect the Public Open Space and upon confirmation from the Council that the Public Open Space has been properly maintained to its reasonable satisfaction the Owner and the Developer may (at their discretion) either:-

• offer to transfer the Public Open Space to the City Council or such other body nominated by the City Council; or;

• transfer the Public Open Space Area to the Management Body.

In the event that the Open Space Area is transferred to the Management Body it shall be on terms requiring the Public Open Space to be managed and maintained in accordance with a Landscape Masterplan.

8. 40% of the new dwelling units shall be used exclusively for the purposes of “Affordable Housing” as defined in the National Planning Policy Framework.

9. 80% of the Affordable Units shall be Social Rented Housing Units and managed by a Registered Provider, and these units shall not be occupied unless the City Council has previously given its written agreement to the terms on which they are to be let taking into account the Management Practices and Rent Setting Policies applicable to these units.

The remaining 20% of the Affordable Units shall be Intermediate Affordable Housing Units, the arrangements for which shall be submitted to and approved in writing by the local planning authority beforehand, and shall make provision for a Registered Provider to have a majority share in these properties when they are first occupied and the rent charge on the remainder share shall be no more than 3% of the remaining equity.

10. The Owner shall submit to the Council with each approval of reserved matters pursuant to the planning permission a plan to be agreed by the City Council identifying the size and location of the Affordable Housing comprised within the application.

11. The Owner shall use all reasonable endeavours to ensure that the Affordable Housing Units shall be constructed contemporaneously with the Market Housing Units such that at least 40% of the Affordable Housing Units shall have been completed and transferred to a Registered Provider prior to the occupation of 50% of the Market Housing Units with the remainder of the Affordable Housing Units being completed and transferred to a Registered Provider prior to the occupation of 95% of the Market Housing Units save where non provision of the entirety of the Affordable Housing is not due to the demonstrable fault of the owner.

12. The Affordable Housing shall be distributed throughout the land in groups of not more than 12 dwellings and shall be designed and constructed to no less a standard than Page 51

and to be visually indistinguishable from the Market Housing Units (including parking provision) and will be constructed to Housing Corporation Design and Quality standards and will meet Code for Sustainable Homes level 3 or above.

13. The Developer covenants with the County Council to pay the County Council a financial contribution towards the Worcester Transport Strategy for any of the following:-

- Improvements to key radial and orbital corridors in Worcester, including local highway improvements such as traffic signal/UTMC upgrades and amended TRO's;

- Local Passenger Transport Infrastructure and Services improvements along key radial corridors, including bus stop infrastructure and service enhancements and real time information;

- Improvements to non-Highways Agency managed strategic highway links and junctions, including A4440 (Southern and Eastern bypasses), A38, A44, A449 (and associated links with the Highways Agency network at M5 Junctions 6 & 7);

- Access to the strategic rail network, including Worcestershire Parkway;

- Local Rail Station improvements to Worcester Foregate Street and Worcester Shrub Hill stations;

- Smarter Choices (Choose how you move) measures which maximise use of walk, cycle and passenger transport modes consistent with the development Travel Plan;

Or other such initiatives as set down in the Worcester Transport Strategy.

14. The above payment will be on the basis of £4,530 per dwelling which 33.3% of the sum shall be paid on or before commencement of the development of housing on the application site, 33.3% on or before occupation of 50% of the units and the remainder paid on or before occupation of 75% of the units.”

15. In the event that the County Council does not for any reason use the said sum in Clause 14 for the purposes specified in the Agreement within ten years of the date of the Agreement, the County Council shall repay to the developer the said sum or such part thereof which has not been used by the County Council.

16. The Developer shall pay to the City Council and County Council on or before the completion of the Agreement their reasonable legal costs in connection with the preparation and completion of the Agreement.

17. The Developer shall complete the Agreement by 22nd January 2013, unless otherwise agreed by the Development Services Manager, otherwise the application will be registered as deemed refused.

NCR December 2012

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This page is intentionally left blank Page 53 Agenda Item 10

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager ______

Subject: APPLICATION P13K0353: APPLICATION FOR VARIATION OF CONDITION 5 FOR PLANNING APPROVAL P11K0239 FOR ANCILLARY RESIDENTIAL BUILDING TO PROVIDE ANNEXE ON LAND AT REAR OF 86 LAUGHERNE ROAD

1. Decision Required

1.1 The development Services Manager recommends that planning permission is granted, subject to the amended conditions set out in the plans list.

1.2 The application has been referred to the Planning Committee as the original decision on the host application P11K0353 was previously considered by the Planning Committee at the meeting on 14 th July 2011.

2. Background

2.1 The application was submitted on 10 th July 2013 and the period for determination expires on 4th September 2013.

2.2 The proposal relates to a single storey residential annex building located at the rear of the host property at 86 Laugherne Road, a traditional two storey semi-detached dwelling that has been extended by the addition of a two storey side extension.

2.3 The established pattern of development in this locality is predominantly of detached and semi-detached dwellings in generous plots comprising substantial undeveloped mature gardens that, together with the allotments beyond, are designated as part of a larger area of Green Network, as defined in the City of Worcester Local Plan 2004. The existing annex building on the site and the detached bungalow at the rear of the neighbouring site at 84 Laugherne Road are clearly notable exceptions to the prevailing pattern of development. However, the neighbouring bungalow was permitted in 1989 before the Green Network was established in the Local Plan.

2.4 Planning permission is sought for the variation of condition 5 of planning application P11K0239 (change of use of a single storey ancillary residential building to provide annexe accommodation), which was approved by the Planning Committee at the meeting on 14 th July 2011.

2.5 Condition 5 states:

‘The annexe hereby approved shall be occupied by the parents of the occupiers of 96 Laugherne Road only.

For the following reason:-

Creation of a separate unit may constitute development requiring specific planning permission, which does not form part of the approval hereby granted.’

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2.6 The purpose of this condition is to ensure that the annexe retains a familial link with the host property and does not become a separate and independent dwelling, for which a separate planning application may be required, and addressed members concerns regarding the perceived harm that an additional dwellinghouse would generate by operating separately from that of the host property.

2.7 As submitted, the proposal seeks to vary condition 5 as follows:

The annexe hereby approved shall be occupied by family members of the occupiers of 86 Laugherne Road only.

3. Policies

3.3 There are no policies of either the Worcestershire Waste Core Strategy or the Hereford and Worcester Minerals Local Plan that are relevant to the proposals. However, saved policy BE1 (Environmental Standards for Development) of the City of Worcester Local Plan is considered to be relevant to the proposal. This concerns environmental standards for new development. The criteria within this policy reflect the intention of the National Planning Policy Framework to promote sustainable development that is neighbourly and well designed for its context, so as to make a positive contribution to making places better for people.

3.4 Whilst the rear of the site is located in the Green Network, nevertheless Policy NE9 (The Green Network) is not considered relevant to the application as the proposal relates to the occupancy of the annex rather than the principle and impact of development within the site.

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3.5 Notwithstanding the above, the National Planning Policy Framework (the Framework) comprises national planning guidance which is relevant in the determination of this application. The Framework was published in March 2012 and replaced all existing national planning policies, except for Planning Policy Statement 10: Waste. The Framework sets out the Government's planning policies for England and how these are expected to be applied. It sets out the Government's requirements for the planning system only to the extent that is relevant, proportionate and necessary to do so.

3.6 Paragraph 6 of the Framework states that the purpose of the planning system is to contribute to sustainable development. Paragraph 7 identifies the economic, social and environmental dimensions of sustainable development. Paragraph 69 states that decisions should aim to achieve places which promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion.

3.7 Paragraph 17 of the Framework states inter alia that planning should ‘always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.’

3.8 With regard to decision-making paragraph 214 of the Framework confirms that:- “For 12 months from the day of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework.”

3.9 Thereafter, paragraph 215 stipulates that:- “In other cases and following this 12-month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).”

3.10 In this particular case all of the aforementioned Local Plan policies and DPD are considered to be in general conformity with the Framework. As such, it is considered that due weight should be given to these policies.

3.11 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

· the stage of preparation of the emerging plan (the more advanced the preparation 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); and · the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”

3.12 The South Worcestershire Development Plan (SWDP) has been submitted to the Secretary of State for examination in the latter part of this year. The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1: Overarching Sustainability Principles Page 56

3.13 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

3.14 Notwithstanding the above, the presumption under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the proposal shall be determined in accordance with the development plan unless material considerations indicate otherwise.

4. Planning History

4.1 The site was subject to a planning application for the new build development of a self contained bungalow in 2001 (application P01B0202). The application was refused on 19th July 2001. A subsequent appeal was dismissed on 10th June 2002.

4.2 Application P00B0401 for a two storey extension was approved in June 2000.

4.3 Application P08K0367 for the change of use of an ancillary residential building to a self contained bungalow was refused and a subsequent appeal was dismissed.

4.4 Application P11K0239 for change of use of detached single storey ancillary residential building to provide a self-contained two bedroom annex was approved by the Planning Committee at the meeting on 14 th July 2011 at which it was resolved:

'That planning permission be granted, as recommended, subject to the conditions set out in the plans list but with Condition 6 amended to link occupation of the proposed annex with familial occupation of the host property with the final wording of the condition being delegated to the Development Services Manager.'

NB : Condition 6 referred to above was re-numbered to Condition 5.

5. Consultations

5.1 No consultations have been received at the time of preparing the report. Any that are received in the meantime will be reported to members in the form of a late paper.

5.2 Neighbours: There have been two neighbour objections which are largely concerned with the principle of the development and its current impact. However, they both address the issue of the occupiers of the annexe are tied to the occupiers of the host building and how this can be managed to ensure on-going compliance.

6. Comments of the Development Services Manager

6.1 The planning permission granted under the terms of application P11K0239 confirms that residential use of the annexe in association with the host property is acceptable in principle. The purpose of the application is to allow occupation of the annexe by family members of the occupiers of 86 Laugherne Road as opposed to parents of the occupiers of 86 Laugherne Road. As such, I consider the proposal would satisfy the original intention and purpose of the condition to retain a family tie with the host dwelling and it would remain sufficiently clear and unambiguous that occupation would be limited to family members and could not be separated from the main dwelling to form a separate and independent dwelling house.

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6.2 However, given the broad range of relatives that could occupy the annexe as family members I consider it would be more appropriate for the condition to be amended to ‘immediate family members’ for the avoidance of any doubt (i.e.) spouse, child, child's spouse, stepchild, stepchild's spouse, foster child, foster child’s spouse, grandchild, grandchild's spouse, parent, stepparent, parent-in-law, or sibling.

6.3 In terms of monitoring and enforcement I am satisfied that this could be achieved via the Electoral Roll/Council Tax records and in any event the burden of proof would remain with the occupiers of the host property.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That planning permission is granted, subject to conditions set out in the plans list.

Ward(s): St Johns Contact Officer: Alan Coleman- Tel: 01905 722532 Background Papers: Application P11K0239 Page 58

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Report to: Planning Committee – 22nd August 2013

Report of: Development Services Manager

Subject: APPLICATION P13F0306: PROPOSED ERECTION OF 15 HOUSES, 2 APARTMENTS AND 1 BUNGALOW AND ASSOCIATED PARKING, AMENITY SPACE AND ENVIRONMENTAL UPGRADES TO SURROUNDING ESTATE AT ULLSWATER CLOSE AND GARAGE BLOCK OFF GRASMERE DRIVE

1. Decision Required

1.1 The Development Services Manager recommends that the Committee be minded to grant planning permission, subject to the completion of a Section 106 Agreement and to the conditions set out in the plans list.

2. Background

2.1 This application is referred to the Planning Committee as the proposed development is a major planning application.

2.2 The application was submitted on 12 th June 2013. The application is categorised as major development and has a 13 week period for determination which expires on 17th September 2013.

2.3 The application site is located to the north-east of the city and comprises an area of garages and open space within a predominately residential area. The site does incorporate a neighbourhood shopping centre and as such there are a variety of other uses within or adjoining the site including retail, take away and a public house which is no longer trading.

2.4 The surrounding area is generally characterised as residential and has a mixture of two storey terraced and semi-detached properties, along with three and four storey apartments, generally constructed circa 1960s as part of a former Local Authority housing estate.

2.5 The application site does not contain any listed buildings and is not located in a conservation area. Whilst the site is not governed by any environmental designations, nevertheless the footpath to the west of the application site is designated as Green Network.

2.6 The submitted proposal seeks consent for the provision of fifteen houses, two apartments and one bungalow with associated parking, amenity space and environmental upgrades to the surrounding estate.

2.7 The scheme utilise facing brickwork under pitched roofs with gable ends, brick bond details and brick finishes to add layering and visual interest.

2.8 The proposed development will be owned and managed by Worcester Community Housing with the affordable residential units being let at affordable rent levels (to qualify for HCA grant funding). The residential units will be constructed to level 3 of the ‘Code for sustainable homes’.

Page 60

2.9 The proposal makes provision for forty car parking spaces in total. Of these, eleven are within individual plot boundaries, eleven are within a shared parking courtyard, six are provided adjacent to the existing parking to the front of the neighbourhood shopping centre seven are to the rear of the shops and the remaining five are within Ullswater Close. It should also be noted that along with these additional parking spaces demarcation of the existing parking area to the front of the shops and within existing parking courtyards in Ullswater Close will be undertaken which theoretically will increase the car parking capacity of these areas.

2.10 All residential units will have access to appropriate levels of refuse storage and cycle storage.

2.11 The application is supported by a variety of plans as well as Design and Access Statement; Phase 1 Habitat Survey and Protected Species Assessment: Transport Statement and Management Plan Control of Delivery Vehicles.

3. Policies

3.2 The following policies set out in the City of Worcester Local Plan 2004 are of relevance:

NE5 Landscape protection NE7 Landscaping scheme BE1 Environmental standards for development BE2 Character and appearance of the City TR12 Parking Standards CLT34 Open space standard and contributions

3.3 Balanced Housing Development DPD (adopted September 2007)

The policies within the Balanced Housing Development Plan Document (DPD) supersede the vast majority of those in the previous Housing chapter of the Local Plan.

The policy aims include ensuring that a wide choice of housing is made available, in terms of dwelling size and tenure, and encouraging inclusive, mixed communities in all areas.

3.4 Supplementary Planning Documents

Supplementary Planning Guidance No. 3: Residential Design Guide establishes residential development standards and is also considered to be relevant to the proposals.

Page 61

Other adopted Supplementary Planning Guidance of relevance includes Access for All, Biodiversity and Trees, and Contributions to Open Space from New Residential Development.

3.5 The following National Guidance is also of relevance:

The NPPF (National Planning Policy Framework) was published in March 2012. The NPPF largely carries forward existing planning policies and protections in a significantly more streamlined and accessible form. It also introduces the presumption in favour of sustainable development and makes adjustments to some specific policies.

Paragraph 7 of the NPPF explains the three dimensions to sustainable development – an economic role, a social role and an environmental role.

Paragraph 17 states inter alia that planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. In addition to which it states 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. All development should respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

Paragraph 47 indicates that the Government’s ambition is to boost significantly the supply of housing.

4. Planning history

4.1 The site has been the subject of a number of planning and advertisement applications. However, I do not consider that any of these applications are significantly relevant in the determination of this application.

5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:-

West Mercia Crime Risk Manager: Has no objections, indicating that the proposal will be built in accordance with Secured by Design standards and that the proposed housing will be allocated the same as any other housing project.

Worcester City Archaeological Officer: Indicates that there is some potential for archaeological remains but is satisfied that this could be controlled through the imposition of a condition relating to access and recording of the site.

Worcester City Council Housing Strategy Officer: Supports this proposal as it will provide a mix of unit types and tenures to meet a range of housing needs in the City. The inclusion of bungalow accommodation is particularly welcomed. The units will be Code 3 for Sustainable Homes and also built to Lifetime Homes standards which will ensure sustainable accommodation to meet residents long term needs.

Worcester City Council Landscape and Biodiversity Adviser: Has no objections subject to conditions and final detailing Page 62

Highway Authority: Is now satisfied that the prime issues of servicing, car parking capacity/displacement, and general dimension/geometry have all been adequately addressed, and therefore raise no objections to the submitted scheme, subject to the recommended condition.

South Worcestershire Land Drainage Partnership: Has indicated that a drainage strategy would be appropriate to deal surface water run off.

5.2 Neighbours: Several letters/comments have been received raising concerns on the following grounds:-

• Additional traffic and parking demands; • Creation of delivery route and conflict with pedestrian users; • Loss of garages/parking spaces; • Impact on character of the area; • Proximity of development and potential overlooking and loss of privacy; • Potential for open areas to attract youths and potential anti-social behaviour; • Access arrangements to existing properties; • Lack of transparency in the planning application; • Covert consultation process and level of consultation undertaken with local residents from both the applicants and Worcester City Council; • Financial reward to the Council for allowing planning permission – new homes bonus; • Loss of property prices and need for compensation for loss in value of property; • Emotional impact on local residents through the submission of an application; • Impact on private property and landscaping including existing trees within other land owners control; • Increase in residential activity within the area resulting in additional noise and disturbance; • Impact during construction period and process; • Impact on crime risk; • Potential for anti-social behaviour (criminals, drug addicts and dealers to occupy the proposed dwellings); • No benefits to existing occupiers of the area; and • Removal of playground.

Any additional responses received will be reported to members in the form of a late paper.

6. Comments of the Development Services Manager

6.1 The relevant issues with regard to this application are in my view as follows:-

• Principle of proposed development and proposed uses; • Highway safety and access; • Layout, design and detailing; • Landscaping/ecology/biodiversity; • Sustainability; • Amenity of adjoining land users; • Crime risk; • Archaeology; • Drainage; and • Developer contributions/Section 106 agreement. Page 63

These issues will now each be considered in turn.

6.2 Principle of proposed development and proposed uses

6.2.1 Part of the site is identified as Neighbourhood Shopping Area with the remainder of the site not being designated for any particular use within the adopted Local Plan.

6.2.2 The application site is located in a predominantly residential area and as such I consider that the provision of a mix/variety of residential units appropriate, in principle, for this location and would be compatible with the surrounding area.

6.2.3 The provision of 100% affordable (social rent) housing is welcomed and is fully supported by the City Council Housing Strategy Officer.

6.3 Highway safety and access

6.3.1 The application proposes in curtilage parking for the new dwellings on the former garage area as well unallocated car parking spaces for the Ullswater Close units.

6.3.2 In total the proposal will result in the provision of forty car parking spaces. It should be noted that to satisfy the current parking standards the application would only need to provide twenty one parking spaces and as such the proposal has exceeded current parking standards by some nineteen parking spaces. Of the additional parking spaces six are proposed near to the front of the neighbourhood shopping centre and will be available for general parking, seven are proposed to the rear of the neighbourhood shopping centre and will be made available for residents and shop staff and the remaining six are proposed within Ullswater Close and will be for residents only.

6.3.3 Along with the additional parking spaces the existing parking bay, which serves the neighbourhood shopping centre, will be demarked to ensure maxim efficient use of the available space.

6.3.4 The proposal will result in the loss of the existing garages to the rear of the neighbourhood shopping centre. Information submitted with the application indicates that seven are let to occupiers living in Grasmere Drive, Ambleside Drive and Troutbeck, 1 is let to an occupier living in Tolladine and four are let to shop units. The applicants have confirmed that they are currently undertaking a review of nearby garage sites and any vacant garages, in the immediate vicinity, will be offered to displaced local residents. Where the vacant garages are beyond reasonable repair they will be demolished and numbered open parking provided. It should be noted that the applicants have indicated that there is likely to be circa twelve garages/numbered open parking spaces provided with this approach.

6.3.5 There has been several representations received raising concerns over the proposed delivery route between Ambleside fish and chip shop and Costcutter. In light of these concerns negotiations were undertaken which has resulted in this element being removed from the proposal. The delivery to the retail units would now be retained as existing.

6.3.6 Concerns have been raised with regard to the relationship with occupiers and vehicles within the former garage block area. Page 64

In light of these concerns I consider it appropriate to attach a condition requiring a vertical traffic calming measure near to the shared surface entrance which will reduce vehicles speed. The proposal also includes the provision of bollards at the bottom of the entry route to the flats, above the shops, and as such I consider this will be a benefit to these occupiers and provide additional separation between their movements and vehicles that use this area.

6.3.7 It should be noted that I have received no objections from the Highway Authority subject to conditions and on this basis I must conclude that there are no cogent reasons to raise objection on grounds of parking or highway safety.

6.3.8 On balance of the above I am satisfied that the proposal accords with the expectations of local plan policies BE1 and TR12 as well as the guidance set down in national planning policy.

6.4 Design and detailing

6.4.1 Saved Policy BE1 of the City of Worcester Local Plan 2004 requires all development, inter alia, to achieve a high standard of design, having regard to the character of the area and to harmonise with its environment.

6.4.2 I am satisfied that the proposed site layout is legible and accords with the expectations of local plan policy BE1 as well as guidance set down within national planning guidance.

6.4.3 I consider that the proposal has considered the constraints and opportunities of the site, including the orientation of the surrounding residential properties, and results in a scheme that would sit comfortably within the area with minimal impact.

6.4.4 Whilst the aesthetics of a proposal can be very emotive I am satisfied that the proposed design of the development and palette of materials would fit sympathetically within the site and would have a positive impact on the wider surrounding area.

6.4.5 It should be noted that pre-application discussions were undertaken and it was considered that the overall ethos of the design approach and palette of materials was acceptable.

6.4.6 I consider that there is sufficient detailing to the design of the dwellings to warrant support and have suggested several conditions to control detailing and materials of the building and associated works.

6.5 Landscaping/ecology/biodiversity

6.5.1 The Council’s Landscape and Biodiversity Adviser has no objections subject to final detailing. I therefore consider that the scheme would be appropriate to the site’s context, allowing the proposal to integrate with its surroundings and that the proposal would accord with the expectations of Local Plan policy NE5.

6.6 Sustainability

6.6.1 The proposed development has been designed to achieve level 3 of the ‘Code for Sustainable Homes’. This will seek to reduce the consumption of energy and water during the lifetime of the proposed development. Page 65

6.6.2 The application site is situated in a sustainable location close to facilities and services and with access to public transport links to the City Centre.

6.6.3 The proposal makes provision for cycle storage to encourage the use of sustainable forms of transport.

6.7 Amenity of adjoining land users

6.7.1 Objections have been received from local residents raising concerns over the potential impact on existing residential amenity levels. In circumstances such as these the Council’s Supplementary Planning Guidance ‘Residential Design Guide’ is particularly relevant.

6.7.2 I have considered the objections and assessed the proposed site layout in context with the surrounding street patterns and also in relation to the proximity of adjacent dwellings and have concluded that the proposal generally satisfies the spatial separation requirements of the City Council’s Residential Design Guide.

6.7.3 I consider that the imposition of a condition controlling boundary treatments as part of the landscaping strategy will further reduce the potential/perceived impact on amenity levels.

6.7.4 I must therefore conclude that to withhold planning permission on impact on residential amenity would have limited justification.

6.8 Crime risk

6.8.1 Several comments have been received expressing a concern about the future occupiers of the proposed units being under ‘special measures/restrictions’ and this could lead to anti-social behaviour and the fear of potential crime occurring as a result of this.

6.8.2 The applicants, WCH, have confirmed in writing that the proposed fourteen rented properties will be let to local people from the general waiting list and the four shared ownership properties will be sold to local people who can afford a share of a property but not to buy outright. I am satisfied with this response and suggest that this is the approach with the majority of WCH properties and as such there are no ‘special measures/restrictions’ for future occupiers.

6.8.3 It should be noted that sometimes rumours occur which raise the concerns of local residents. I am of the opinion that this may have occurred in this instance.

6.8.4 The Crime Risk Manager has had discussions with the applicant, as well as assessing the submitted information, and is satisfied that the housing will be built to Secured by Design standards with a high level of security. They are also satisfied that the proposed layout is not likely to facilitate criminal or inappropriate activity.

6.8.5 I must therefore to conclude that to withhold planning permission on crime risk has no merit.

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6.9 Archaeology

6.9.1 In terms of the effect on below ground deposits, the development could have an impact on buried archaeological remains. However, I consider that this aspect can be satisfactorily addressed through the condition recommended by the City Council’s Archaeology Officer.

6.9.2 I am satisfied that subject to this condition the proposal would accord with the guidance set down in national guidance.

6.10 Drainage

6.10.1 I am satisfied that the imposition of a standard condition requiring details of the drainage strategy with regard to the disposal of foul and surface water is appropriate for this development.

6.11 Developer contributions/Section 106 agreement

6.11.1 In accordance with local plan policy CLT34 and SPG11 ‘Contributions to open space from new residential development’ a commuted sum in open space contribution is required for this development. The applicants have agreed to the payment of a £16,578 contribution, which requires a Section 106 Agreement to be entered into.

6.11.2 The draft Heads of Terms can be found at Appendix 1` .

6.11.3 In the determination of this application I give weight to the fact that the proposed residential units are 100% affordable and will result in eighteen affordable units provided in the near future. This should be welcomed and encouraged.

6.12 Conclusion

6.12.1 On balance, I am of the opinion that the submitted, amended, scheme has indicated sufficient detail to warrant approval.

6.12.2 I am of the opinion that the negotiated amendments to the proposal, with regard, to the delivery vehicular movements to the adjoining retail units should have overcome initial concerns of local residents as it maintains the status quo.

6.12.3 It is worth noting that the occupiers of the proposed units would be local people from the general waiting.

6.12.4 I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered including those of the NPPF including economic, environmental and social, as well as diversity, in the determination of this application.

6.12.5 For the above reasons I consider the proposal is acceptable and would result in a satisfactory form of development, subject to conditions, on the site in accordance with the aims of the Development Plan.

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7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Committee is minded to grant planning permission for the development, subject to the applicant entering into an agreement under Section 106 of the Town and Country Planning Act in accordance with the agreed Heads of Terms and subject to the Legal Services Manager being satisfied with the nature of such an Agreement delegate to the Development Services Manager to grant the necessary planning permission, subject to the conditions set out in the plans list.

Ward(s): Gorse Hill Contact Officer: Nick Kay - Tel: 01905 722560 Background Papers: Application P13F0306

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DRAFT HEADS OF TERMS Proposed Planning Obligation Agreement Section 106 Town and Country Planning Act 1990

Planning Application: P13F0306

Proposed erection of 15 no. houses, 2 no. apartments and 1 no. bungalow and associated parking, amenity space and environmental upgrades to surrounding estate at Ullswater Close and garage block off Grasmere Drive

1. The Developer covenants with the City Council, in lieu of the provision of open space on the land to serve the development to pay the City Council the sum of £16,578 which sum shall be paid on or before the commencement of development.

2. The monies shall be used by the City Council at its option for any or all of the following purposes within the vicinity of the site:-

(i) Improvements to sports facilities (ii) Improvements to play facilities (iii) Improvements to allotments (iv) Improvements to informal open space

3. In the event that the City Council does not for any reason use the said sum in Clause 1 for the purposes specified in the Agreement in Clause 2 within ten years of the date of the Agreement, the Council shall repay to the developer the said sum or such part thereof which has not been used by the City Council.

4. The Developer shall provide to the City Council either a solicitor’s undertaking for the reasonable legal costs incurred by the City and/or County Council in connection with the preparation and completion of the Agreement or if no solicitor is instructed these fees must be paid direct to the City Council. These fees shall be payable prior to the commencement of any legal work and are payable whether or not the agreement completes.

5. The Developer shall complete the Agreement by 17th September 2013 unless otherwise agreed by Development Services Manager otherwise the application will be registered as deemed refused.

NDK June 2013 Page 70

This page is intentionally left blank Page 71 Agenda Item 12

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION P13N02 98: ERECTION OF 4 HOUSES, 4 APARTMENTS AND 2 BUNGALOWS AND ASSOCIATED CAR PARKING, AMENITY SPACE AND ENVIRONMENTAL IMPROVEMENTS AT BROOKTHORPE CLOSE

1. Decision Required

2. Background

2.1 The application site is located to the east of the city within the area known as Warndon and comprises an area of approximately 0.125 hectares in size. The site is situated off Brookthorpe Close and is formed of three linked parts: the existing garage court to the north of Brookthorpe Close, the existing garage court to the south of Brookthorpe Close and the existing vacant space between 87-95 Brookthorpe Close and 190-224 Cranham Drive.

2.2 The area is part of the larger Warndon post-war estate development and is a mixture of two and three story terraced flats and houses. The surrounding properties generally have stretcher bond facing brickwork facades with tile hanging at first floor and interlocking concrete tiled roofs. The properties generally have wide rectangular format windows. To the north east of the site is a two storey sheltered housing scheme. Some of the existing properties front traditional roads and footways whilst others are served by divorced footpaths, indicated with blue arrows on the adjacent plan.

2.3 The area is characterised as residential with terraced and semi-detached properties apparent. The wider area benefits from a variety of uses, including retail (as part of a neighbourhood shopping centre), residential (dwellings and apartments), community centre, school and a public house.

2.4 The application site does not contain any listed buildings, is not located in a conservation area and is not governed by any environmental designations.

2.5 The site appears level and flat with no apparent differences to adjoining sites.

2.6 The proposals are for three three bedroom two story houses, one four bedroom two storey house and a two story block containing four one bedroom flats to front Brookthorpe Close, following the existing pattern of development. Furthermore, two two bedroom bungalows are incorporated to the area at the rear, accessed off Cranham Drive. All of the entrances are clearly visible and identifiable from the street and living accommodation is arranged to provide active frontages and natural surveillance both of the street and the car parking areas, accessed off Brookthorpe Close, Selsey Close and Cranham Drive.

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2.7 Space is provided in the rear gardens for external storage and secure cycle storage within sheds and hardstanding provided for black ‘general refuse’ and green ‘mixed recycling’ Local Authority wheelie bins. A secure access is provided to each of the rear gardens meaning that residents do not have to pass through the house with bikes, garden refuse etc.

2.8 The development makes provision for two car parking space per house/bungalow and one space per one bedroom apartment are provided on site. Additional car parking is incorporated within the proposals, along either side of Brookthorpe Close, within the grouped parking areas to the north and south of Brookthorpe Close and to the area to the rear of Brookthorpe Close/ Selsey Close (accessed off Cranham Drive).

2.9 The proposed development will be owned and managed by Worcester Community Housing with the affordable residential units being let at affordable rent levels (to qualify for HCA grant funding) and have been designed for the Lifetime Homes standards.

2.10 The application is supported by a variety of plans as well as Design and Access Statement and Phase 1 Habitat Survey.

3. Policies

3.3 The following saved policies of the City of Worcester Local Plan are considered to be relevant to the proposal:-

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BE1 Environmental standards for development NE5 Landscape Protection TR12 Car parking standards for new development

3.4 Other adopted Supplementary Planning Guidance of relevance include: ‘Residential Design Guide’, and ‘Accessibility’.

3.5 The Balanced Housing Market Development Plan Document is also relevant in the determination of this application. The policies within this Balanced Housing Market DPD supersede the vast majority of those in the previous Housing chapter of the Local Plan. The vision for the housing policies in the Local Development Framework can be summarised as:-

“to provide the policy background for ensuring a balanced housing market for the city which will contribute to the social, environmental and economic quality of life for citizens and visitors .”

3.6 The policy aims are, amongst other matters:-

• to maximise the use of previously developed land and buildings for housing where they meet the principles of sustainable development; • to ensure that the City’s housing needs are met in sustainable locations; • to encourage inclusive, mixed communities in all areas; • to contribute to economic progress within the City; and • to ensure that where possible the location of housing development reduces the need to travel, particularly by private car, and that residents have access to a range of transport choices.

3.7 Notwithstanding the above, the National Planning Policy Framework (the Framework) comprises national planning guidance which is relevant in the determination of this application. The Framework was published in March 2012 and replaced all existing national planning policies, except for Planning Policy Statement 10: Waste. The Framework sets out the Government's planning policies for England and how these are expected to be applied. It sets out the Government's requirements for the planning system only to the extent that is relevant, proportionate and necessary to do so.

3.8 Paragraph 6 of the Framework states that the purpose of the planning system is to contribute to sustainable development. Paragraph 7 identifies the economic, social and environmental dimensions of sustainable development. Paragraph 69 states that decisions should aim to achieve places which promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion.

3.9 Paragraph 17 of the Framework states inter alia that planning should ‘always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.’ In addition to which it states 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.’ All development should respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

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3.11 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

• the stage of preparation of the emerging plan (the more advanced the preparation, 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); and • the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”

3.12 The South Worcestershire Development Plan (SWDP) is currently at the pre- submission stage of preparation and was submitted to the Secretary of State for examination on 28 th May 2013. The following policies of the SWDP are considered to be relevant to the application proposals:

SWDP 1: Overarching Sustainability Principles SWDP 21: Design SWDP 43/1: Worcester City Allocations - Housing

3.13 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies

4. Planning History

4.1 There is no planning history of relevance to the current proposals.

5. Consultations

5.1 West Mercia Constabulary Crime Risk Manager: No concerns or objections

5.2 WCC Landscape Officer: No objection subject to further details on landscaping design and arrangement being provided

5.3 WCC Tree Officer: No objection subject to details of tree planting being provided

5.4 WCC Planning Policy Officer: No Planning Policy Objection, supported by the allocation in the emerging SWDP.

5.5 WCC Archaeological Officer: No objection subject to one day unencumbered recording on site.

5.6 WCC Housing Officer: Supports the proposal for 100% affordable housing and whilst preference is normally for social rent as opposed to affordable rent (as proposed by this application) however given that the HCA grant funding conditions this application is supported.

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5.7 South Worcestershire Land Drainage Partnership: A drainage strategy for the proposed development is required has not been submitted.

5.8 Neighbours: One letter has been received referencing concerns associated with car parking during the construction phase of the development and once the properties have been occupied.

6. Comments of the Development Services Manager

6.1 The relevant issues with regard to this application are in my view as follows:-

These issues will now each be considered in turn.

6.2 Principle of proposed development and proposed uses

6.2.1 The area is not designated for any particular use within the adopted Local Plan. However, Policy 43/1 of the emerging South Worcestershire Development Plan allocates the site as for housing and indicates that 7 dwellings can be accommodated. For information, this allocation does not include the part of the application site adjacent to 178-188 Cranham Drive.

6.2.2 The application site comprises 'brownfield' land and as such there is a preference for development on brownfield sites to encourage sustainable forms of development in accordance with the aims and objectives of the NPPF.

6.2.3 The application site is located in a predominantly residential area and is bordered by residential units on all sides. I therefore consider that the provision of further residential units is appropriate in principle for this location and would be compatible with the surrounding area.

6.3 Highway safety and access

6.3.1 The application proposes in curtilage parking for all new dwellings which satisfy the current parking requirements and as such I am satisfied that the proposal accords with the expectations of local plan policies BE1 and TR12 as well as the guidance set down in national planning policy.

6.3.2 In addition, 41 off road car parking spaces are to be created offsetting the loss of the garages currently on the site. Furthermore, an ambulance pull-in bay is to be provided to ensure ease of access for the emergency services.

6.3.3 It should be noted that no comments have been received from the Highway Authority on the acceptability of the car parking provision and access arrangements. However, the application was the subject of extensive pre-application discussions and the Highway Authority did not raise any objection at this stage. Page 76

On this basis I must conclude that there are no cogent reasons to raise objection on grounds of parking or highway safety.

6.3.4 Any comments that are received in the meantime will be reported to Planning Committee in the form of a late paper.

6.4 Design and detailing

6.4.2 I am satisfied that the proposed site layout is legible and accords with the expectations of local plan policy BE1 as well as guidance set down within national planning guidance.

6.4.5 It should be noted that pre-application discussions were undertaken and it was considered that the overall ethos of the design approach and palette of materials was acceptable.

6.5 Landscaping/ecology/biodiversity

6.5.1 The Council’s Landscape Officer has commented on the application and in principle has no objection and makes several recommendations to improve the overall ecological value of the development. These recommendations have been reported to the applicants and I consider that any improvements can be dealt with through an appropriately worded condition. I therefore consider that the landscaping scheme would be appropriate to the site’s context, allowing the proposal to integrate with its surroundings and that on balance the proposal would accord with the expectations of Local Plan policy NE5.

6.6 Sustainability

6.6.1 The proposed development has been designed to achieve level 3 of the ‘Code for Sustainable Homes’. Measures for minimising the environmental impact of the proposed development are set out within the Design and Access Statement. These measures seek to reduce the consumption of energy and water during the lifetime of the proposed development.

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6.6.2 The application site is situated in a sustainable location close to facilities and services and with access to public transport links to the City Centre. The proposal makes provision for cycle storage to encourage the use of sustainable forms of transport.

6.7 Amenity of adjoining land users

6.7.1 In circumstances such as these the Council’s Supplementary Planning Guidance ‘Residential Design Guide’ is particularly relevant.

6.7.2 I have considered the proposed site layout in context with the surrounding street patterns and also in relation to the proximity of adjacent dwellings and have concluded that the proposal satisfies the spatial separation requirements of the City Council’s Residential Design Guide.

6.7.3 I must therefore conclude that to withhold planning permission on impact on residential amenity would have no justification.

6.8 Developer Contributions/Section 106 Agreement

6.8.1 In accordance with local plan policy CLT34 and SPG11 ‘Contributions to open space from new residential development’ a commuted sum open space contribution is required for this development. This figure equates to £9210 to be paid on or before the commencement of development. The applicant has agreed to the payment of this contribution, which requires a Section 106 Agreement to be entered into. The draft heads of terms is included as Appendix 1.

6.9 Conclusion

6.9.1 On balance, I am of the opinion that the submitted scheme has indicated sufficient detail to warrant approval.

6.9.2 In the determination of this application I give weight to the fact that the proposed residential units are 100% affordable. This should be welcomed and encouraged.

6.9.3 I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered including those of the NPPF including economic, environmental and social, as well as diversity, in the determination of this application.

6.9.4 For the above reasons I consider the proposal is acceptable and would result in a satisfactory form of development on the site in accordance with the aims of the Development Plan.

Ward(s): Warndon Contact Officer: Alan Coleman – Tel: 01905 722523 Background Papers: Application P13N0298 Page 78

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DRAFT HEADS OF TERMS Proposed Planning Obligation Agreement Section 106 Town and Country Planning Act 1990

Planning Application: P13N0298

Erection of 4 no. houses, 4 no. apartments and 2 no. bungalows and associated car parking, amenity space and environmental improvements to surrounding estate at Brookthorpe Close

1. The Developer covenants with the City Council, in lieu of the provision of open space on the land to serve the development to pay the City Council the sum of £9210 which sum shall be paid on or before the commencement of development.

2. The monies shall be used by the City Council at its option for any or all of the following purposes within the vicinity of the site:-

(i) improvements to sports facilities (ii) improvements to play facilities (iii) improvements to allotments (iv) improvements to informal open space

5. The Developer shall complete the Agreement by 6th September 2013 unless otherwise agreed by Development Services Manager otherwise the application will be registered as deemed refused.

MC June 2013

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Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION: P13D0 284: PROPOSED ERECTION OF 2NO. DWELLINGS AT HERON LODGE, LONDON ROAD

1. Decision Required

1.1 The Development Services Manager recommends that planning permission is granted, subject to the conditions set out in the plans list.

2. Background

2.1 The site is located within a predominately residential area to the south of the main city centre and currently comprises a redundant car parking area leftover from the former use of Heron Lodge as office accommodation.

2.2 The site adjoins residential properties to the south and west. To the north is ‘the orchard’; this land is currently overgrown and separates Heron Lodge from London Road. The east of the site is bordered by landscaping and the garden area for proposed unit 1 with properties in Silverdale Avenue further afield.

2.3 The wider application site comprises Heron Lodge. The main dwellinghouse is Grade II Listed and dates back to the early 19 th Century. Planning permission and listed building consent was recently granted for the conversion of Heron Lodge to 4no. dwellings. In addition, a separate planning application for the erection of 2no.dwellings in the site between Heron Lodge and Lark Hill is currently under active consideration.

2.4 The topography of the site and surrounding area slopes down from east to west with Heron Lodge being significantly raised in comparison to London Road. The redundant car park site is predominately flat, although the properties to the south in Wych Elm Close are considerably raised in comparison.

2.5 The area is predominantly residential in nature, characterised by a wide variety of different architectural styles and property types. This is evidenced by the contrast between the large character properties on Lark Hill and the more recent residential development in Wych Elm Close.

2.6 The application site and wider Heron Lodge site is situated within the Lark Hill Conservation Area designated 1 st July 1980. In addition to the designation of the site in the Conservation Area, the application site is situated within the Green Network wherein Policy NE9 of the City of Worcester Local Plan 2004 applies.

2.7 The proposal is to erect two, two storey, detached dwellings. The application is supported by detailed plans together with a tree survey, an ecological assessment and a design and access statement.

2.8 The proposed dwellings would be of a contemporary design with integral garage, kitchen and lounge at ground floor level with three bedrooms and a bathroom at first floor. The properties would be orientated with a west facing front elevation to front onto the access track from London Road up to Heron Lodge. Page 82

2.9 The proposed materials would be a combination of cedar and zinc cladding for the external walls, sedum green roof and planting walls on the west facing elevation. The roof includes the use of photo voltaic cells to the west facing roof slope.

3. Policies

3.3 The following saved policies of the City of Worcester Local Plan 2004 are considered to be relevant to the proposal:

BE1 Environmental standards for development BE12 Boundary Treatments in Conservation Areas BE21 Development within archaeologically sensitive areas NE9 The Green Network TR12 Parking standards

3.4 Adopted Supplementary Planning Guidance SPG3: Residential Design Guide is also of relevance.

3.5 The Balanced Housing Market Development Plan Document (DPD) is also relevant in the assessment of this application. The policies within this DPD supersede the vast majority of those in the previous housing chapter of the 2004 Local Plan. The vision for the housing policies in the DPD can be summarised as:-

“to provide the policy background for ensuring a balanced housing market for the city which will contribute to the social, environmental and economic quality of life for citizens and visitors .”

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3.6 The policy aims are, amongst other matters:

• to maximise the use of previously developed land and buildings for housing where they meet; the principles of sustainable development; • to ensure that the City’s housing needs are met in sustainable locations; • to encourage inclusive, mixed communities in all areas; • to contribute to economic progress within the City; and • to ensure that where possible the location of housing development reduces the need to travel, particularly by private car, and that residents have access to a range of transport choices.

3.10 Under paragraph 47 of the Framework makes clear that the local planning authorities’ plans are to boost significantly the supply of housing. Under paragraph 49 they are also to consider planning applications for housing development in the context of the presumption in favour of sustainable development. . Paragraph 69 states that decisions should aim to achieve places which promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion.

3.11 The NPPF does not contain an express presumption in favour of the conservation of designated heritage assets as PPS5 did, but the presumption in favour of sustainable development is a presumption in favour of development that meets the objectives and policies of the NPPF, which has one of its twelve core principles the conservation of heritage assets. All of the policies in the NPPF constitute Government’s view of what sustainable development in England means in practice. Consequently, development that fails to adhere to the historic environment policies, because it fails to give due weight to conservation for example, is not sustainable development.

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3.12 One of the key dimensions of sustainability is protecting and enhancing the historic environment. Economic, social and environmental improvement should be sought jointly and simultaneously. Pursuing sustainable development involves seeking improvements to the quality of the historic environment, amongst other matters.

3.13 ‘Great weight’ should be given to the objective of conserving designated heritage assets. ‘Setting of a heritage asset’ is defined in the glossary as ‘The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.’

3.14 It is also mentioned in the definition of ‘Significance’: Significance derives not only from a heritage asset’s physical presence but also from its setting.

3.15 The following paragraphs of the NPPF are also considered to be pertinent to the determination of the application:

• Para. 126.3 - Conserving and enhancing the historic Environment. 'Local planning authorities should set out in their Local Plan a positive strategy for the conservation and enjoyment of the historic environment, including heritage assets most at risk through neglect, decay or other threats. In doing so, they should recognise that heritage assets are an irreplaceable resource and conserve them in a manner appropriate to their significance. In developing this strategy, local planning authorities should take into account:

- the desirability of new development making a positive contribution to local character and distinctiveness;'

• Para. 128 - Conserving and enhancing the historic Environment. 'In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets' importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.'

• Para. 131.1 - Conserving and enhancing the historic Environment. 'In determining planning applications, local planning authorities should take account of:

- the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation;'

• Para. 131.3 - Conserving and enhancing the historic Environment. 'In determining planning applications, local planning authorities should take account of:

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- the desirability of new development making a positive contribution to local character and distinctiveness.'

• Para. 137 - Conserving and enhancing the historic Environment. 'Local planning authorities should look for opportunities for new development within Conservation Areas and World Heritage Sites and within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.'

3.16 With regard to decision-making paragraph 214 of the Framework confirms that:-

3.17 Thereafter, paragraph 215 stipulates that:-

3.18 In this particular case all of the aforementioned Local Plan policies and DPD are considered to be in general conformity with the Framework. As such, it is considered that due weight should be given to these policies.

3.19 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

3.20 The South Worcestershire Development Plan (SWDP) is currently at the pre- submission stage of preparation and will be submitted to the Secretary of State for examination at the end of May 2013. The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1: Overarching Sustainability Principles SWDP 6: Historic Environment SWDP 13: Effective Use of Land WDP 21: Design SWDP 27: Renewable and Low Carbon Energy

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3.21 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

3.22 Notwithstanding the above, the presumption under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the proposal shall be determined in accordance with the development plan unless material considerations indicate otherwise.

4. Planning History

4.1 The application site has not been the subject of previous planning applications relevant to this proposal; however the wider Heron Lodge site has been the subject of applications that are considered to be relevant:-

• P13D0371 - Reuse of redundant land to create two dwellings – Current application.

• P12D0375 - Proposed conversion of existing listed building from a single dwelling into four dwellings along with associated works. Approved under delegated powers on 13 th November 2012.

5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:

Highway Authority: No response at the point of drafting the report

Worcester City Council Archaeological Officer: No objections, subject to conditions to reflect the potential for medieval and Civil War finds.

Worcester City Council Landscape Officer: “1. The site is green network so it must be demonstrated how the proposal complements it ... (see policy) e.g. green credentials of the buildings, biodiversity enhancement including management, not with adverse visual impact to the setting and character of the area. If this can be done then also... 2. The recommendations of the tree report including especially that regarding root protection areas should be adhered to. 3. The site should not be level throughout but step between dwellings, this will also reduce dig and spoil removal. The dwellings should be farther apart to facilitate this and give a better setting with less "grouped" impact. 4. The timber cladding is welcomed and appropriate to the setting.”

Conservation Areas Advisory Committee: “The Committee liked the contemporary design but would prefer a roof that was more in keeping with the building within the proximity to Heron Lodge which was one of the last early 19th Century buildings of its type. The Committee were concerned for the existing trees and wanted to see long term protection for them. The Heritage Officer stated that some were already covered by a TPO. It was suggested that conditions be applied during construction on the safeguarding of the trees. The Committee had no objection in principle in using the car park site and asked if there was a reason why the proposed scheme was straight onto the drive. The Heritage Officer stated that there had been issues with the windows and light with the existing properties to the rear. Page 87

The Heritage Officer stated that details of treatment for the boundary onto the highway was to be asked for and had already spoken with the architects. A CEO6 access condition requested. The Committee has no objections, recommending approval.”

5.2 At the time of writing this report no other consultation responses have been received. Any that are will be reported to members in the form of a late paper.

5.3 Neighbours: letters of representation have been received from four parties raising the following issues:-

• Development out of character with surrounding area; • Impact upon Listed Building/Lark Hill Conservation Area; • Precedent for further development; • Overlooking of neighbouring properties; • Impact upon highway network; • Inappropriate design; • Inaccuracies in the submitted plans/documents; • Impact upon Green Network; and • Over dominant impact upon neighbouring amenity.

5.4 Any additional neighbour responses received will be reported to members in the form of a late paper.

6. Comments of the Development Services Manager

6.1 In my opinion, the main issues raised by the proposal relate to the following matters:-

• Principle of Development; • the impact of the proposal on the Grade II Listed Building and Lark Hill Conservation Area; • Impact of the proposal on neighbouring amenity; • Quality of living environment for future occupants; • Impact of the proposal on highway safety; • Impact upon Green Network and protected species; and • Inaccuracies within the submitted application.

These issues will now each be considered in turn;

6.2 Principle of Development

6.2.1 The application site is located in a predominantly residential area. In land use terms I consider it constitutes a brownfield site. The NPPF sets out a preference for development on brownfield sites. The principle of residential redevelopment of this brownfield site for residential use would thereby be consistent with the guidance set out in the NPPF and would be compatible with adjoining land uses.

6.2.2 Notwithstanding the above, I consider that it is important to consider whether the proposal would have an adverse impact on the overall character of the surrounding area and neighbouring residents' amenities, and whether a site of this size has the capacity to deliver a high quality residential development which meets the needs of future occupants. This will now be considered in detail.

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6.3 The impact of the proposal on the character and appearance of the area

6.3.1 Policy BE1 of the adopted City of Worcester Local Plan (2004) states that, amongst other matters, planning permission will be granted for development proposals provided that the proposal does not have an adverse effect on the character, setting and the amenities of adjoining development. This reflects the intention of the National Planning Policy Framework to promote sustainable development that is neighbourly and well designed for its context, so as to make a positive contribution to making places better for people.

6.3.2 I note that several letters of objection have been received in relation to the impact of the proposed development on the character and appearance of the Grade II Listed Building and wider Lark Hill Conservation Area.

6.3.3 The submitted proposal seeks planning permission for the erection of two three bed properties along with associated amenity space, integral garage and car parking. Whilst it is acknowledged that the style and palette of materials proposed does not match the adjacent listed building or neighbouring residential properties to the south or west of the application site, nevertheless it is considered that it would be appropriate in relation to the contemporary design of the dwellings being proposed.

6.3.4 I consider that given the siting of the application site on the southern boundary of the wider Heron Lodge site the separation distance between the properties is such that the proposal will have little visual impact upon the Grade II Listed Building. Whilst I appreciate the concerns raised regarding the subdivision of the curtilage of the Grade II Listed Building, nevertheless I note that the site was formerly the car parking area for the previous use of from Heron Lodge as an office.

6.3.5 This concern is reflected in the comments of neighbouring residents who consider that the proposal could set a precedent for further development within the Heron Lodge site, particularly the orchard. However, it is a fundamental principle that each application should be considered on its individual merits with regard to the Development Plan and all other material considerations. The granting of planning permission for development on a nearby site would not, in itself, provide automatic justification for granting permission for similar development elsewhere.

6.3.6 Given the nature of the application site, I do not consider that the erection of two dwellings in this location will have a detrimental impact upon the overall character of the Listed Building, its curtilage or the wider Lark Hill Conservation Area. My view on this matter is reinforced by the lack of objection from either the City Council’s Heritage Officer or the Conservation Area Advisory Committee, both of whom recommend approval.

6.4 Impact of the proposal on neighbouring amenity

6.4.1 The site is bordered by a number of residential properties and in accordance with the expectations of Local Plan policy BE1 it is necessary to ensure that the submitted proposal would not result in harm to the amenities enjoyed by residents of neighbouring properties. Concerns have been expressed by local residents regarding potential harm to the amenities enjoyed by local residents by reason of overshadowing and overlooking.

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6.4.2 Given the topography of the site, the neighbouring properties in Wych Elm Close to the south of the site are elevated above the application site and screened by mature trees and landscaping. The separation distance between the properties varies between 20-22 metres; the City Council’s Residential Design Guide recommends a separation distance of 22 metres between windowed elevations to be adequate. Furthermore, only one of the proposed dwellings would have a window at first floor level. As proposed, I do not consider that the proposal would have a detrimental impact on neighbouring residents’ amenities by reason of overlooking, loss of privacy, overshadowing or loss of light.

6.5 Quality of living environment for future occupants

6.5.1 Guidance set out in SPG3 requires that standard suburban type houses are provided with a garden of 70 square metres in size. The purpose of this is to ensure reasonable separation between dwellings, to afford privacy and to absorb any reasonable disturbance from residential activity in the garden. The proposed dwellings would be provided with in excess of 70 square metres of private amenity space to the rear of the dwellings. I am satisfied that the proposed gardens provide the necessary level of private amenity space provision to accord with the expectations of the SPG3.

6.5.2 For the reasons given above, I am also satisfied that future residents’ amenities would not be adversely affected by any actual or perceived overlooking from neighbouring properties in Wych Elm Close. However, a condition is recommended for the submission of a detailed landscaping plan showing additional boundary planting to further reinforce the existing mature landscaping.

6.5.3 I am also satisfied that there would be adequate provision within the site to accommodate the necessary refuse/recycling storage requirements of the City Council.

6.6 Impact of the proposal on highway safety

6.6.1 The proposed dwellings have each been allocated two car parking spaces to the front of the dwellings and an additional single garage (discounted from the parking requirements). These parking standards accord with the standards set out in the adopted City of Worcester Local Plan at Appendix 1 and Policy TR12 and I am satisfied that the proposed dwelling would be provided with sufficient in-curtilage car parking spaces.

6.6.2 I note that concerns have been raised by neighbours regarding the increase in traffic and congestion resulting from the submitted proposal. The submission seeks to replace the existing car parking area from the previous use of Heron Lodge as office accommodation. The Highway Officer has commented on the planning application and raises no objection to the proposal on highway grounds.

6.7 Impact upon ecology and biodiversity

6.7.1 The application site is designated as Green Network in the City of Worcester Local Plan 2004 and as a result the provisions of Policy NE9 apply. The Landscape Officer has commented on the application and considers that a demonstration of how the proposal complies with the aims of this policy must be provided.

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6.7.2 This has been requested and will be provided to Committee in the form of a later paper. In my opinion, given the current nature of the site, the proposed construction methods and materials proposed are consistent with the Policy and would not result in a significant detrimental harm to the wider Green Network.

6.7.3 The site and the nearby surrounding area also contain a number of large protected trees and a detailed Tree Survey has been submitted as part of the application for the consideration of the City Council’s Tree Protection Officer. The Tree Protection Officer raises no objection to the proposal subject to the recommendations of the report be followed.

6.7.4 Given the nature of the site, an initial ecological assessment has been requested and the recommendations of the report should be followed during any construction on site.

6.8 Inaccuracies within the submitted application

6.8.1 A number of the objection letters received from neighbouring residents cite inaccuracies within the submitted plans and supporting documents, namely:

• The siting of a detached garage on the site associated with 159b London Road approved under planning application P11D0172; • Presence of mature trees in the 3d views, and; • References to Wych Elm Close as being in the Conservation Area

6.8.2 It has been brought to the attention of the Local Planning Authority that the location of the garage approved under planning application P11D0172 is within the application site and, if built, would be sited within the footprint of the first proposed dwelling. In reviewing this matter a detached garage has already been constructed within the curtilage of 159b London Road. As it now appears that the approved position of the garage is on land outside of the ownership of the applicant it is considered that the submitted plans for the garage in 2011 were erroneous and the applicant is to be contacted with a view to regularising their development. Nevertheless, if this application was to be approved, the land owner of the application site would have the opportunity to develop either scheme.

6.8.3 With reference to the presence of mature trees on the 3d images provided, it is accepted that the images show mature trees to the rear of the application site between the proposed dwellings and 1 Wych Elm Close when on site the trees in this location are not particularly tall. I have raised this with the applicant and the 3d views will be updated prior to planning committee. Nevertheless, the committee will be presented with up-to-date site photographs and my assessment of the application and recommendation is based on a comprehensive site visit in and around the application site that has accounted for this discrepancy.

6.8.4 Finally, a number of letters of objection make reference to the use of the development in Wych Elm Close as a justification for this proposal. For clarity, Wych Elm Close is within the Lark Hill Conservation Area.

6.9 Conclusion

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6.9.1 On balance, I am of the opinion that the site has sufficient capacity to accommodate the proposed development in an acceptable manner with regard to siting, size, layout, design, appearance and impact on the character and appearance of the site, its setting within the curtilage of Grade II listed building and Lark Hill Conservation Area and neighbouring residents’ amenities. I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered in the determination of this application.

6.9.2 For the above reasons I consider the proposal is acceptable and would result in a satisfactory form of development on the site in accordance with the aims and interests that the relevant saved policies of the City of Worcester Local Plan, SPG3 and the NPPF seek to protect and promote with regard to residential development proposals and heritage assets.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Committee grant planning permission subject to the conditions set out in the plans list.

Ward(s): Cathedral Contact Officer: Alan Coleman - Tel: 01905 772523 Background Papers: Application P13D0284

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This page is intentionally left blank Page 93 Agenda Item 14

Report to: Planning Committee 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION P13D0286: DEMOLITI0N OF BUNGALOW AND ERECTION OF 2NO. DWELLINGS AT 33 DIGLIS LANE

1. Decision Required

1.1 The Development Services Manager recommends that planning permission is granted, subject to the conditions set out in the plans list.

2. Background

2.1 The site is located within a residential area to the south of the main city centre and currently comprises a detached single storey bungalow.

2.2 The detached bungalow is of brick and tile construction with a painted render finish, the single storey structure is set within a well-sized residential amenity space and benefits from off road car parking within the front curtilage.

2.3 The topography of the site and surrounding area is mixed with properties on Diglis Lane being set at a consistent level on a north-south axis. However, properties to the east of the site on Bath Road are raised considerably above the application site.

2.4 The area is predominantly residential in nature, characterised by a wide variety of different architectural styles and property types. This is evidenced by the semi detached Victorian properties to the north of the site, in contrast to the later detached single storey developments to the south of the site.

2.5 Diglis Lane is not situated within a designated Conservation Area and 33 Diglis Lane is not subject to any form of local or national listing. The application site is also not subject to any environmental designations within the City of Worcester Local Plan 2004. It should be noted that opposite the application site the playing fields are designated as Green Network and further afield is the River Severn.

2.6 The proposal is to demolish the bungalow and replace it with two three storey detached dwellings. The application is supported by appropriate drawings together with a flood risk assessment and a design and access statement.

2.7 The proposed dwellings are of the same design with a large integral garage at ground floor level; at first floor the properties would benefit from a large balcony overlooking the adjacent playing fields. Second floor accommodation is provided in the attic space and would be served by two flat roofed dormer windows.

2.8 The materials would be a combination of red Worcester facing brick and render for the external walls, slate for the roof and powder coated aluminium window frames and doors. The balcony on the front elevation at first floor level would comprise stainless steel balustrading with structural glass. The roof includes the use of photo voltaic cells to the west facing roof slope.

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2.9 There would be three obscurely glazed side facing windows in the northern elevation of the dwelling on plot 1 to serve a downstairs cloakroom, first and second floor landings that would face onto the side elevation of 31 Diglis Lane which itself has five side facing windows (three on the ground and two on the first floor) that serve non-habitable rooms. The nearest dwelling to the south of the site is considerably further afield and is single storey in nature.

3. Policies

3.3 The following saved policies of the City of Worcester Local Plan 2004 are considered to be relevant to the proposal:

BE1 Environmental standards for development BE21 BE23 Development within archaeologically sensitive areas TR12 Parking standards

3.4 The adopted Supplementary Planning Guidance SPG3: Residential Design Guide is of relevance.

“to provide the policy background for ensuring a balanced housing market for the city which will contribute to the social, environmental and economic quality of life for citizens and visitors .”

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3.6 The policy aims are, amongst other matters:

3.11 One of the key dimensions of sustainability is protecting and enhancing the historic environment. Economic, social and environmental improvement should be sought jointly and simultaneously. Pursuing sustainable development involves seeking improvements to the quality of the historic environment, amongst other matters.

3.12 With regard to decision-making paragraph 214 of the Framework confirms that:-

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3.13 Thereafter, paragraph 215 stipulates that:-

3.14 In this particular case all of the aforementioned Local Plan policies and DPD are considered to be in general conformity with the Framework. As such, it is considered that due weight should be given to these policies.

3.15 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

3.16 The South Worcestershire Development Plan (SWDP) is currently at the pre- submission stage of preparation and will be submitted to the Secretary of State for examination at the end of May 2013. The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1: Overarching Sustainability Principles SWDP 6: Historic Environment SWDP 13: Effective Use of Land WDP 21: Design SWDP 27: Renewable and Low Carbon Energy

3.17 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

3.18 Notwithstanding the above, the presumption under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the proposal shall be determined in accordance with the development plan unless material considerations indicate otherwise.

4. Planning History

4.1 The site has been the subject of previous planning applications, the most relevant of which is:

P12D0543 – Demolition of bungalow and erection of 2no.dwellings – Withdrawn 17 th June 2013

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5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:

West Mercia Constabulary Crime Risk Manager: Has no concerns or objections.

Highway Authority: No response at the point of drafting the report

Worcester City Council Archaeological Officer: No objections, subject to conditions to reflect the location of the site on or close to the probable line of the Roman road south from Worcester and the potential presence of buried remains.

Worcester Regulatory Services: “I have considered the application and I have the following comments to make: The proposed site is surrounded by existing residential properties therefore the potential exists for noise and dust to cause an issue to nearby residential properties if it is not sufficiently controlled. Therefore if planning approval is granted I would recommend that the applicant submit a demolition and construction management plan which should include measures for controlling noise and dust emissions from the site. The following guide can be used to construct the management plan.”

South Worcestershire Land Drainage Partnership: “The Applicant has stated "soakaway" as the proposed means of disposal for surface water, which is acceptable subject to ground and site conditions being suitable. Other SuDS features are also being proposed, which should provide additional mitigation and interception prior to discharge to ground. The distance in relation to existing drains and structures will need to be checked to ensure that a minimum clear distance of 5.0 metres can be achieved. If ground or site conditions are found to be unsuitable then an alternative means of disposal for surface water will need to be submitted for approval that will demonstrate that satisfactory management of surface water can be achieved without increasing the flood risk to the site or elsewhere. The FRA submitted has not been amended since my comments to the previous application P12D0543. The site is within EA Flood Zones 1, 2 & 3 and the Exception Test may be applicable. The proposed building footprint appears to be located on the area of the site at least flood risk. The historic (1947) flood level at the Diglis gauge is 15.58m AOD and the 100 year flood level quoted in the FRA is 15.45m AOD (at node 11439). Proposed finished ground floor levels should be set at a minimum level of 100 year + allowance for climate change, usually 0.3m for the River Severn corridor, (this is the Design Flood Level) + appropriate freeboard allowance (normally 0.6m). No mention is made of climate change either in the FRA or in the advice given by the EA to the Applicant's data capture request, in this case 100 year + 0.6m equates to the climate change and a 0.3m freeboard, ie a minimum FFL = 16.05m AOD. This relates to the dwellings however as garage floor levels appear to be lower. Use of flood proofing/resilience and resistance construction and finishes throughout to 16.35m AOD will be required.”

5.2 At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members in the form of a late paper.

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5.3 Neighbours : letters of representation have been received from four parties raising the following issues:-

• Development out of character with surrounding area; • Impact upon nature reserve opposite application site; • Size of development too large; and • Loss of neighbouring resident’s views.

5.4 Any additional neighbour responses received will be reported to members in the form of a late paper.

6. Comments of the Development Services Manager

6.1 In my opinion, the main issues raised by the proposal relate to the following matters:-

• Principle of Development; • the impact of the proposal on the character and appearance of the area; • Impact of the proposal on neighbouring amenity; • Quality of living environment for future occupants; • Impact of the proposal on highway safety; • Impact of the proposal on flood risk; and • Impact upon ecology and biodiversity.

These issues will now each be considered in turn.

6.2 Principle of Development

6.2.1 The application site is located in a predominantly residential area and the erection of a further residential unit is considered to be compatible with the adjoining land uses. The plot is considered to be of sufficient size to accommodate two dwellings along with the associated amenity space and parking requirements in a manner which is consistent with the character of the surrounding area and in principle it is considered to be an efficient use of this land.

6.2.2 The proposed dwellings will front Diglis Lane in line with the existing dwellings and would not result in conventional 'backland' development which subdivides plots and which would result in harm to the established character and appearance of the area.

6.2.3 Notwithstanding the above, I consider that it is important to consider whether the proposal would have an adverse impact on the overall character of the surrounding area and neighbouring residents' amenities, and whether a site of this size has the capacity to deliver a high quality residential development which meets the needs of future occupants. This will now be considered in detail.

6.3 The impact of the proposal on the character and appearance of the area

6.3.2 I note that several letters of objection have been received in relation to the impact of the proposed development on the character and appearance of the streetscene. The main issue of concern relates to the visual impact of the proposal due to the scale of the dwellings being out of character within the streetscene.

6.3.3 The submitted proposal seeks planning permission for the erection of two large 4- bed properties along with associated amenity space, integral garage and car parking. Whilst it is acknowledged that the style and palette of materials proposed do not match the adjacent Victorian terraced properties, evidence of similar materials in the surrounding street scene can be found and I consider the proposed palate of materials to be acceptable in this location without causing harm to the streetscene.

6.3.4 With regard to the scale of the proposed dwellings, the properties are taller than the neighbouring properties to the north of the site by approximately 600mm and are considerably wider at 7.5 metres in width. Whilst the properties are large both in height and width, it is my view that the site has sufficient space to accommodate both dwellings without harming the rhythm of the streetscene. In addition, the ridge height of the dwellings has been reduced by approximately 500mm in the amended scheme.

6.3.5 It is accepted that the design and style of the proposed dwellings are different to neighbouring properties, however, it is considered that Diglis Lane is characterised by the eclectic mix of design and architectural styles. On balance I consider that the proposed dwellings would compliment the eclectic mix of architectural styles within the surrounding area and would not detrimentally impact upon the character and setting of Diglis Lane, wherein I consider it would add further variety and interest.

6.4 Impact of the proposal on neighbouring amenity

6.4.2 The adjacent property at 31 Diglis Lane has five side facing windows. However, in planning terms, the outlook from side facing windows to non-habitable rooms is not afforded the same level of protection as the outlook from windows to habitable rooms in principal front and rear elevations of dwellings. In this instance I consider the impact of the proposed development in relation to these windows would not be so significant as to warrant refusal. Indeed, it should be noted that the revised application results in the nearest dwelling to No.31 Diglis Lane being set 2 metres away from the common boundary thus reducing the dominance of the proposed development.

6.4.3 With regard to the overlooking of 31 Diglis Lane, I consider that whilst the change in built form from a single storey bungalow to three storey dwellinghouse will have a discernable impact, nevertheless the layout of the properties would be in a conventional side by side arrangement and no clear glass side facing windows are proposed by the development. I am therefore of the opinion that the impact of this aspect of the development would also not be so significant as to warrant refusal. Page 100

6.4.4 A number of neighbouring residents to the rear of the application site on Bath Road have also expressed concerns that the proposal will result in an unacceptable amount of overlooking. The Residential Design Guide provides the standards for residential development proposed within the City and outlines separation distances to ensure developments do not impinge on residential amenity.

6.4.5 Section 4.9.1a of the Residential Design Guide sets out the required separation distances and requires 22 metres between the rear elevations of two storey dwellings to achieve a satisfactory degree of privacy. The Residential Design Guide also states that for every one metre increase in ground level between properties an additional 2 metres separation distance is required.

6.4.6 The difference in land level between the site and adjoining dwellings at 136, 138 and 140 Bath Road is approximately 3 metres. Thus, a total separation distance of 28 metres is required to satisfy the Residential Design Guide. The approximate separation distance between the dwellings would be 30 metres and given the topography of the site (the new properties being on a lower level) I consider that any overlooking of existing properties on Bath Road would be minimal.

6.4.7 Furthermore, the Residential Design guide considers that 5 metres per storey provides an acceptable garden length for new development. In considering that the second floor is only served by rooflights, I consider 10 metres to be an acceptable garden length and the proposal achieves this distance. This would also be consistent with the rear gardens of some neighbouring properties in Diglis Lane.

6.4.8 Concerns have also been expressed that the properties in Bath Road will lose their views across Diglis Playing Field towards the River Severn and the Malvern Hills beyond. The loss of a private view is not a material planning consideration and as such I afford no weight in determining the application to this matter. Nevertheless, given that the properties are approximately 600mm higher than the neighbouring property 31 Diglis Lane, the impact will be minimal.

6.4.9 The proposal complies with the amenity standards set out in the Council's adopted residential design guide and I am satisfied that the proposed dwelling will not result in harm to amenities of adjoining occupants through overlooking, loss of privacy or overshadowing and loss of light. The proposed layout complies with the spacing and amenity standards set out in the Residential Design Guide and I am thereby satisfied that the proposal accords with the aforementioned SPG and local plan policy BE1 in relation to the impact of the proposal on neighbouring amenity.

6.5 Quality of living environment for future occupants

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6.5.2 For the reasons given above I consider the amenity of any future occupants of the proposed dwellings will not be adversely affected by any actual or perceived overlooking from the properties in Bath Road. I am also satisfied that there would be adequate provision within the site to accommodate the necessary refuse/recycling storage requirements of the City Council.

6.6 Impact of the proposal on highway safety

6.6.1 The proposed dwellings have each been allocated two car parking spaces to the front of the dwellings and an additional double garage (discounted from the parking requirements). These parking standards accord with the standards set out in the adopted City of Worcester Local Plan at Appendix 1 and Policy TR12 and I am satisfied that the proposed dwelling would be provided with sufficient in-curtilage car parking spaces.

6.6.2 I note that concerns have been raised by a neighbour regarding the increase in traffic and congestion resulting from the submitted proposal. The submission seeks to replace one single storey dwelling with two four-bedroom dwellings. The increase in trip generation to and from the site will not be such that any significant impacts are felt on the highway network. The proposed site access is considered adequate to accommodate two dwellings on this site.

6.7 Impact of the proposal on Flood Risk

6.7.1 The application site is situated within the Environment Agency’s Flood Risk Zone1 and the application is supported by the submission of a Flood Risk Assessment, the document recommends mitigation measures which have influenced the design of the properties by way of the finished floor levels.

6.7.2 The Environment Agency does not make bespoke comments on such applications. South Worcestershire Land Drainage Partnership has commented and recommends “Use of flood proofing/resilience and resistance construction and finishes throughout to 16.35m AOD will be required.” It is intended to condition the mitigation measures recommended by the Flood Risk Assessment and by South Worcestershire Land Drainage Partnership. This in combination with a detailed assessment of the drainage at the Building Regulations stage will ensure that the proposal does not contribute to flood risk on the application site or surrounding area.

6.8 Impact upon ecology and biodiversity

6.8.1 It is noted that the application site is currently served by a landscaped rear garden, in which there are a number of mature trees and extensive plant species. It is accepted that to lose this environment would be unfortunate, however, given that it forms a residential garden it has no protected status in the City of Worcester Local Plan and I am mindful of the fall-back position of the applicant in being legally able to completely remove all of the landscaping without the need for any formal consents.

6.8.2 Whilst I do not believe there are cogent grounds to refuse permission in relation to the loss of the landscaped garden, nevertheless I consider it is necessary and reasonable to attach a condition requiring a detailed landscaping scheme for each dwelling to offset for the loss of the existing.

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6.8.3 No comments at the time of writing this report have been received from the City Council’s Landscape Officer. However, any that are received will be presented to committee in the form of a later paper.

6.9 Conclusion

6.9.1 On balance, I am of the opinion that the site has sufficient capacity to accommodate the proposed development in an acceptable manner with regard to siting, size, layout, design, appearance and impact on the character and appearance of the site, surrounding area and neighbouring residents’ amenities. I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered in the determination of this application.

6.9.2 For the above reasons I consider the proposal is acceptable and would result in a satisfactory form of development on the site in accordance with the aims and interests that policy BE1 of the City of Worcester Local Plan, SPG3 and the NPPF seek to protect and promote with regard to residential development proposals.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Committee grant planning permission, subject to the conditions set out in the plans list.

Ward(s): Cathedral Contact Officer: Alan Coleman - Tel: 01905 772523 Background Papers: Application P13D0334

Page 103 Agenda Item 15

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION FOR LISTED BUILDING CONSENT L13D0077: DEMOLITION OF SINGLE STOREY EXTENSIONS, RECONSTRUCTION OF SECOND FLOOR AND NEW ROOF TO STREET RANGE AND EAST WING, AND CONSTRUCTION OF TWO STOREY EXTENSION TO EAST ELEVATION OF STREET RANGE, 18-20 SILVER STREET

1. Decision Required

1.1 The Development Services Manager recommends that listed building consent is granted, subject to the conditions set out in the plans list.

2. Background

2.1 Planning application P11D0413 was submitted on 25th August 2011 and the period for determination of this application expired on the 20th October 2011.

2.2 The proposal relates to the former Worcester Infirmary (1745 with later additions and alterations) at the rear of the group and attached two storey building, which is now a vacant and was formerly occupied by Majestic Wines outlet. This Grade II listed building known as 18-20 Silver Street is sited on the east side of City Walls Road, on the edge of the Lowesmoor Conservation Area. Although the application site is not the subject of any saved Natural Environment policies as designated on the City of Worcester Local Plan 2004, it is within an area designated as being Archaeologically Sensitive. However, the building is listed on the Heritage at Risk register.

2.3 The south-west facing front range to back edge of pavement is characterised by the two shop fronts of late 19th Century origins with 1980's renovations and recessed doorways. The re-roofing that took place in the mid 20th Century consists of corrugated asbestos sheeting fixed to a steel framed roof structure. The external first floor windows fronting Silver Street are single glazed metal Crittal windows.

2.4 The present historic buildings were developed in three phases. The first phase is distinctive by the use thin hand made bricks that are typical of buildings constructed during the latter part of the 17th century and are used for both the Majestic Wine Warehouse and Infirmary. All three buildings had a ground floor, first floor and habitable attic floor although this top floor has been taken down from the street range and rear wing reducing these to two storeys. The north and south street range also had cellars. The street range and rear wing have been significantly remodelled. None of the original casement or later sash windows survived and the shop front was remodelled c1980's. Internally none of the internal walls remain, the chimney stack in the southern street range has been taken down and the staircase removed.

2.5 There is photographic evidence of timber-framed gables to a higher pitched roof containing dormer windows, and the northern range had mullion and transomed windows, contrasting with the 19th century sashes of the southern range. Page 104

This evidence, together with the narrow (5.5m) width of the Silver Street ranges, makes it possible that they were converted for the hospital's use rather than purpose-built in 1745.

2.6 The street range is now entirely open plan with the exception of two cast iron columns, which were installed when the chimney stack was removed between ground floor and first floors to give a clear trading floor. The interior of the Infirmary building is subdivided on the ground floor, with a substantial central stack, but open on the first floor. There is no staircase to first floor level, the building having apparently been accessed via the linking block. A plain timber staircase in the north-west corner links the first floor to the second floor, which has an exposed roof largely rebuilt, supported by a single central truss. It is at this level that some early timber boarded partitioning survives, as do fragments of earlier material re- used in window frames.

2.7 Documentary evidence indicates that these buildings were among the first to be built following the end of the Civil War and show a clear transition from the timber frame tradition of building construction to brick construction. From 1626 the site had already been occupied as a school known as Thomas Moore's Hospital and following the siege of Worcester the site was rebuilt in its current form, continuing the former use as a school then as the Blue Coat School. During the mid 18th century the buildings were leased to the Bishop of Worcester and were used between 1745-69 as an Infirmary before this relocated to the newly erected Royal Infirmary in Castle Street.

2.8 The use then reverted to a school once more, and from mid 19th century became a Working Mans Institute then a Tinplate Factory and a carriage works, which subsequently amalgamated with other businesses to become Metal Box. The building has therefore played an important part in education, health and the workplace for the citizens of Worcester over a period of 350 years.

2.9 Following a guided tour in January 2012 of the former Worcester Infirmary building in the presence of the City Conservation Officer, the Director of the History of Medicine Unit at the University of Birmingham stated in his written submission on the 24th January 2012 that 'such early hospital buildings are rare in this country, or have been renovated in a way that obscures the way in which they were originally laid out .' In addition to which he stated that the most interesting features on the site was: “… the sound-proofing that was evident in the ceiling below the top floor. This is clear evidence of the sound-proofing that was introduced to these buildings in their early years, a crucial modification when the top floors were generally reserved for operating theatres. Felt sheets over doors would have augmented this in the period, as would placing any other potentially disruptive patients in isolation.

It is for this reason that the top floor is also of most potential interest to historians. Whether built to isolate particular cases, or evidence of some sort of sub-division of labour in the surgical procedure, the cubicles may have been created to allow some of the preparation for operations to be undertaken outside the main operating theatre space (and, as crucially, out of the patient's sight), or even set aside as rooms for those who underwent a major operation, such as amputation; ordinarily such major operations were limited in their numbers, but could easily have numbered one a month in eighteenth-century hospitals. The graffiti on the wall of an adjoining room could very well have been left by patients, most likely the isolated cases occasionally placed on the top floors of buildings, but it is hard to say with certainty given the other uses to which this building has been put over the years. Page 105

It could very well be a memory of the students who were educated on this site, but this does not make them any less interesting from a historical perspective. I hope that there will be some way of preserving them for further study, consideration, or simply appreciation. A glass panel in the floor showing the layers intended to soundproof the top floor may be an interesting idea and not without interest to any future users for example .”

2.10 In terms of its structural condition the building can be separated into two distinct sections. Starting at the front of the site is a brick built two storey building which was formerly occupied by Majestic Wines. This is in a reasonable structural condition with no areas of significant concern. It is anticipated that the existing floor joists will be retained, with them being supplemented if necessary to achieve the required loading for the future usage of the building.

2.11 The rear section of the building has been derelict for a considerable time and requires more significant intervention. However, the proposal is to utilise the majority of the existing internal structure. Externally, the northern and eastern walls will require rebuilding as there is a large percentage which is in a poor condition.

2.12 Internally, the majority of the floor and roof timbers will be retained and strengthened with flitch plates or additional timbers to retain the historic fabric, and where rot has occurred, traditional carpentry methods will be implemented to carry out the repairs.

2.13 Overall, both sections of the building are suitable and capable of being repaired to allow them to be converted for their proposed use. The rear section will require a higher degree of intervention and repair than the front. Generally, with all the works to the buildings, the main principal will be to retain, re-use and utilise as much of the existing structure as possible.

2.14 Planning permission and listed building consent was granted under delegated powers on 9 th February 2012 for change of use from retail (A1 use class) to offices (B1 use class), demolition of single storey extension, reconstruction of second floor and new roof to street range and east wing and extension to south elevation to house staircases, various internal alterations, provision of lift and bin stores, and installation of air conditioning units (WCC Ref: P11D0413 and L11D0080). These works include the full repair the existing fabric of the building, repair and reconstruction of the chimney stacks, and repair and replacement of windows, both casement and sash type, together with the retention and repair of the timber fire surround at first floor level and historical timber partitions on the second floor of the Infirmary building in exchange for the removal of the chimney stack that runs through the middle of the first floor of the Infirmary Building.

2.15 The major revisions from the approved scheme have been to omit the extension to the south which housed the staircase and lift, and to add an extension to the east of the street range at the north end. The stair and lift have been accommodated within the existing building (street range and east wing). The details and specifications have also been changed to include for lath and plaster ceilings throughout the Infirmary and east wing, and limecrete floors to these areas have now been specified. However, a separate planning application for the proposed extension will be required.

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2.16 Level Access is currently available to the rear of the premises, although this only gives level access to part of the ground floor due to a step between the north and south sections of the street range. There are currently no internal staircases between the ground and first floor levels, and only one small stair between the first and second floors of the Infirmary. The new staircases within the south extension will be designed as near as possible to ambulant disabled standards.

2.17 The estimated cost of the works is in excess of £1 million. The funding will be split between the applicants (51%) and the Worcestershire Building Preservation Trust (49%) who will be undertaking the works. An application for Heritage Lottery Funding has also been submitted.

3. Policies

3.3 The following saved policies of the City of Worcester Local Plan 2004 are considered to be relevant to the proposal:

BE14 Alterations and Extensions to Listed Buildings BE21 Development within archaeologically sensitive areas

3.4 There is also adopted Supplementary Planning Documents of relevance, namely: Accessibility, and; Archaeology and the Historic Environment.

3.5 The National Planning Policy Framework (the Framework) comprises national planning guidance which is relevant in the determination of this application. The Framework was published in March 2012 and replaced all existing national planning policies, except for Planning Policy Statement 10: Waste.

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The Framework sets out the Government's planning policies for England and how these are expected to be applied. It sets out the Government's requirements for the planning system only to the extent that is relevant, proportionate and necessary to do so.

3.6 Paragraph 17 of the Framework states inter alia that planning should ‘always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.’ In addition to which it states 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.’ All development should respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

3.7 The NPPF does not contain an express presumption in favour of the conservation of designated heritage assets as PPS5 did, but the presumption in favour of sustainable development is a presumption in favour of development that meets the objectives and policies of the NPPF, which has one of its twelve core principles the conservation of heritage assets. All of the policies in the NPPF constitute Government’s view of what sustainable development in England means in practice. Consequently development that fails to adhere to the historic environment policies, because it fails to give due weight to conservation for example, is not sustainable development.

3.8 One of the key dimensions of sustainability is protecting and enhancing the historic environment. Economic, social and environmental improvement should be sought jointly and simultaneously. Pursuing sustainable development involves seeking improvements to the quality of the historic environment, amongst other matters.

3.9 ‘Great weight’ should be given to the objective of conserving designated heritage assets. ‘Setting of a heritage asset’ is defined in the glossary as ‘The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.’

3.10 It is also mentioned in the definition of ‘Significance’: Significance derives not only from a heritage asset’s physical presence but also from its setting.

3.11 In addition to the above, the Local Planning Authority is of the opinion that the following additional paragraphs within the NPPF are also of relevance to the determination of the application:

- the desirability of new development making a positive contribution to local character and distinctiveness;'

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• Para. 131.1 - Conserving and enhancing the historic Environment. 'In determining planning applications, local planning authorities should take account of:

- the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation;'

• Para. 131.3 - Conserving and enhancing the historic Environment. 'In determining planning applications, local planning authorities should take account of:

- the desirability of new development making a positive contribution to local character and distinctiveness.'

3.12 With regard to decision-making paragraph 214 of the Framework confirms that:-

3.13 Thereafter, paragraph 215 stipulates that:-

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3.15 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

SWDP 1: Overarching Sustainability Principles SWDP 6: Historic Environment SWDP 13: Effective Use of Land WDP 21: Design SWDP 27: Renewable and Low Carbon Energy

3.17 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

4. Planning History

4.1 The application site has been the subject of a number of applications of relevance to the proposals:

P11D0413: Change of use from retail (A1 use class) to offices (B1 use class). Demolition of single storey extension, reconstruction of second floor and new roof to street range and east wing and extension to south elevation to house staircases, lift and bin stores, along with the installation of air conditioning units. Approved under delegated powers on 9 th February 2012.

L11D0080: Demolition of single storey extension, reconstruction of second floor and new roof to street range and east wing and extension to south elevation to house staircases, lift and bin stores, along with the installation of air conditioning units and various internal alterations. Approved under delegated powers on 9 th February 2012.

L06D0040: Internal and external alterations. Approved by the Planning Committee at the meeting on 22 nd February 2007.

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P06D0250: Part demolition and refurbishment of existing structures and new build to provide, food-store, non-food retail, restaurant, offices, apartments, multi-storey car park and office/training/social facilities for Territorial Army. Minded to approve by the Planning Committee at the meeting on 22 nd February 2007 and issued on 11 th March 2008 following the completion of a S106 Agreement.

L02L0074: Refurbishment and reconstruction at 18/20 Silver Street, external alterations, insertion of mezzanine floor and additional floor at The Vinegar Warehouse, which was approved on 24 th June 2003.

L02L0073: Demolition of selected unlisted buildings to enable redevelopment, which was approved on 24 th June 2003.

P00L0206: Outline application for part demolition and refurbishment of existing structures and new build to provide 15,971 square metres of non food retail, restaurant, leisure and 22 residential apartments, underground parking for 250 car spaces and a 60 bedroom hotel with ancillary accommodation, which was deemed refused on 21 st February 2003.

L96L0061: Renewal of existing outstanding consent (L91C0034) for demolition of buildings, which was approved on 31 st December 1996.

L91C0034: Renewal of existing outstanding permission (L85C0081 granted 22-06- 1986) for demolition of buildings, which was approved on 11 th October 1991.

L90C0072: Refacing the rear of 18/20 Silver Street following demolition of three storey rear building. Restoration of whole building to form shops and offices, which was approved on 14 th March 1991.

P90C0522: Refacing of rear of 18/20 Silver Street following demolition of three storey rear building. Restoration of whole building to form shops and offices, which was approved on 14 th March 1991.

P90C0109: Deemed refused.

P86C0327: Surfacing and use of land as car park following the demolition of the existing building, which was approved on 12 th August 1986.

L88C0086: Demolition of No.18 and No.20 Silver Street, which was refused on 1st December 1988.

L85C0081: Demolition of existing building at the rear of No.18 and No.20 Silver Street, which was approved on 22 nd May 1986.

84/1221: Application for listed building consent for the demolition of the building at the rear of No.18 and No.20 Silver Street, which was refused on 8th January 1985.

77/0544: Application for Listed Building Consent to demolish No.18 and No.20 Silver Street, which was refused on 5th August 1977.

10453: The removal of the top storey of a three-storey building fronting Silver Street, and construction of lightweight roof at second floor level at No.18 Silver Street, which was approved on 17 th October 1952. Page 111

5. Consultations

5.1 The following comments from statutory consultees have been received in relation to this proposal:

Highway Authority: No response at the point of drafting the report

Worcester City Council Archaeological Officer: “There is extant planning and listed building consents for change of use and for alterations to the buildings. The current application is close to the consented scheme in the treatment of the historic parts of the buildings and the specific features which are known to survive.

I refer you to my comments on those earlier applications (P11D0413, L11D0080). The building’s significance lies in the form and fabric of the 17th century structure, and in the evidence for and historical associations with later uses, in particular the use as a hospital in the mid-18th century.

No detailed archaeological record of the building structure and features is currently available, and it is very important that one is prepared before any works take place, and is available to inform us and contractors working on the building.

Many of the internal features are very vulnerable to damage or loss. This particularly applies to joinery work such as the cupboards, stairs etc. and partitions in the rear wing. Careful steps will be needed to preserve these from damage. Wherever possible they should remain in situ, but where it is absolutely unavoidable that they are removed, this must be done with extreme care, and they must be packed and stored in a way which minimises the possibility of loss or damage. The archaeological record mentioned above will also be critical in informing the work when these features are returned to the building.

My recommended conditions mirror those attached to the existing consents.”

5.2 At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members in the form of a late paper.

5.3 Neighbours: No comments received at the point of drafting the report. Any that are received in the meantime will be reported to members in the form of a late paper.

6. Comments of the Development Services Manager

6.1 In my opinion, the main issues raised by the proposal relate to the effect of the works on the special architectural or historic interest of this Grade II listed building, and whether they would preserve or enhance the character or appearance of the Lowesmoor Conservation Area in which the site stands.

6.2 In relation to works to listed buildings Policy BE14 of the City of Worcester Local Plan 2004 states:

Planning permission will be granted for extensions or alterations to listed buildings provided they comply with policies BE1 and BE2 and all the following criteria are satisfied:-

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A. A listed building is only extended if it is, or is proposed to be, fully used; B. The development does not involve the loss of open areas which contribute to the building's setting or special architectural or historic interest; C. The development does not remove, obscure or damage features which contribute to the building's special architectural or historic interest; D. The development does not introduce debased versions of traditional details nor introduce new architectural elements unless they contribute to the building's architectural harmony and/or historic character; and E. The development must provide for or retain independent access to upper floors and in all cases there will be a presumption in favour of alterations or extensions which rectify damage caused by previous alterations or extensions and which enhance the setting or special architectural or historic interest of the listed building.

6.3 Pertinent advice is also contained in the National Planning Policy Framework. The Framework says that where substantial harm is caused to the significance of a designated heritage asset, consent should be refused unless it can be shown that the substantial harm is necessary to achieve substantial public benefits that outweighed that harm. Moreover, the Framework also encourages sustainable economic development that puts heritage assets to viable uses.

6.4 The property is in a sustainable location within a predominantly commercial area of Lowesmoor, which is in close proximity to the main city centre. I am of the opinion that the proposed works of conversion to this listed building, including the removal of some of the modern interventions on the upper floor of the building range fronting Silver Street, would enable it to be restored and brought back into full and beneficial use and ensure the long term future of this prominent Grade II listed building. In this regard I consider the proposals constitute responsible stewardship of this designated heritage asset.

6.5 For these reasons I consider the proposals would thereby also be consistent with the aims and interests that policy BE14 of the City of Worcester Local Plan and the NPPF seek to protect and promote with regard to heritage assets.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Committee grant listed building consent, subject to the conditions set out in the plans list.

Ward: Cathedral Contact Officer: Alan Coleman - Tel: 01905 772523 Background Papers: Application L13D0077

Page 113 Agenda Item 16

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager

Subject: APPLICATION P13N0375: APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS 1992 FOR NEW TWO STOREY EXTENSION TO THE SCHOOL WITH EIGHT CLASSROOMS AND ANCILLARY SPACE INCLUDING EXTERNAL WORKS EXTENSION TO NURSERY CLASSROOM, ST JOSEPHS PRIMARY SCHOOL, CHEDWORTH DRIVE

1. Decision required

1.1 The Development Services Manager recommends that the Planning Committee resolve to carry out the development in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in the plans list.

2. Background

2.1 The application was submitted on 24th July 2013 and the period for determination expires on 18th September 2013.

2.2 The site is located in a residential development of Warndon. There are residential properties in the form of houses and flats with gardens facing the school on three sides with a recreation park on the fourth side.

2.3 The school buildings are all single storey structures and have flat roofs except for the old caretaker’s house which is two storey with a pitched roof. There is a large playing field on a raised level within the site.

2.4 The sites topography has three main levels the playing field is the highest point, then down approximately 1 metre to the level of the netball playing area and a further 0.8 metres down to the level of the building.

2.5 This application proposes to a part single part two storey extension to the existing school building for eight additional classrooms which face the school playing fields. In addition, an extension to a classroom on the south east corner of the school is proposed for the nursery.

3. Policies

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3.3 The following saved policies of the City of Worcester Local Plan 2004 are considered to be relevant to the proposal:

BE1 - Environmental Standards for Development

3.4 Notwithstanding the above, the National Planning Policy Framework (the Framework) comprises national planning guidance which is relevant in the determination of this application. The Framework was published in March 2012 and replaced all existing national planning policies, except for Planning Policy Statement 10: Waste. The Framework sets out the Government's planning policies for England and how these are expected to be applied. It sets out the Government's requirements for the planning system only to the extent that is relevant, proportionate and necessary to do so.

3.5 Paragraph 6 of the Framework states that the purpose of the planning system is to contribute to sustainable development. Paragraph 7 identifies the economic, social and environmental dimensions of sustainable development. Paragraph 69 states that decisions should aim to achieve places which promote safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion.

3.7 With regard to decision-making paragraph 214 of the Framework confirms that:-

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3.8 Thereafter, paragraph 215 stipulates that:-

3.9 In this particular case all of the aforementioned Local Plan policies and DPD are considered to be in general conformity with the Framework. As such, it is considered that due weight should be given to these policies.

3.15 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

3.10 The South Worcestershire Development Plan (SWDP) is currently at the re- submission stage of preparation and will be submitted to the Secretary of State for examination at the end of May 2013. The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1: Overarching Sustainability Principles SWDP 13: Effective Use of Land WDP 21: Design SWDP 27: Renewable and Low Carbon Energy

3.11 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies.

3.12 Notwithstanding the above, the presumption under Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the proposal shall be determined in accordance with the development plan unless material considerations indicate otherwise.

4. Planning history

4.1 The site has not been the subject of any previous applications of direct relevance to this proposal.

5. Consultations

5.1 The West Mercia Crime Risk Manager has no objection to the proposal.

5.2 At time of writing this report no other comments have been received. However, any that are received in the meantime will be reported to Members as a late paper. Page 116

6. Comments of the Development Services Manager

6.1 Following a comprehensive site visit around the application site, I am of the opinion that the key issues for consideration when determining this application to be;

- Character and setting of the host property and the street scene. - Impact upon neighbouring properties

6.2 Policy BE1 of the City of Worcester Local Plan 2004 requires all development, inter alia, to achieve a high standard of design, having regard to the character of the area and to harmonise with its environment. Paragraph 17 of the National Planning Policy Framework states inter alia that planning should 'always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.' In addition to which it states 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.' All development should respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

- Character and setting of the host property and the street scene.

6.3 The principal extension has a simple arrangement providing classrooms to the east and ancillary storage accommodation to the west, this ensure that the classrooms have a glazed wall facing the fields to provide good levels of natural light and ventilation. In addition each classroom has direct access to the field and play areas via staircases.

6.4 The walls of the building are to be built in rick and the roof edges in white render following the theme of the existing building.

6.5 I am of the opinion that in terms of scale and mass, the proposal is in keeping with the area. I consider that the proposal accords with the expectations of local plan policy BE1 and will not detract from the appearance or setting of the host property.

- Impact upon neighbouring properties

6.6 I do not consider the proposal has any detrimental impact upon the amenity of neighbouring residents.

6.7 I am of the view that the proposed extensions would not detract unacceptably from the character or appearance of the surrounding area. I am satisfied that the proposal for which planning permission is required will not harm the residential amenity of existing residents within the immediate and surrounding area of the application site.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That Committee resolve to carry out the development in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in the plans list.

Ward(s): Warndon Contact Officer: Alan Coleman - Tel: 01905 722523 Background Papers:

Page 117 Agenda Item 17

Report to: Planning Committee - 22 nd August 2013

Report of: Development Services Manager ______

Subject: APPLICATION P13 G0327 : APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS 1992 FOR NEW INSULATED CLADDING AND REDESIGNED ROOF DETAIL AT NUNNERY WOOD SPORTS CENTRE, SPETCHLEY ROAD

1. Decision Required

1.1 The Development Services Manager recommends that that Committee resolve to carry out the development in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in the plans list.

1.2 The application relates to development by the City Council and is referred to the Planning Committee in accordance with Part 5 of the Constitution on Protocol for Good Practice for Councillors and Employees Dealing with Planning Matters that states at paragraph 6.5:

Development proposals by the Council … will not be delegated to DSM for decision, however small or non-contentious, and must always be reported to committee for determination.

2. Background

2.1 The site is set back from Spetchley Road and situated adjacent to Nunnery Wood High School and Worcester Sixth Form College. The property itself is of late 70s/early 80s construction and is built in a coated metal roofing and cladding system giving the property a distinctive appearance.

2.2 The application site is designated as Green Network in the City of Worcester Local Plan 2004. The site is not designated as a Conservation Area; it is not listed nor adjoins any listed buildings.

2.3 The proposal is for the recladding of the external façade of the building with insulated cladding panels and redesigned roof detail to improve the overall efficiency of the building.

3. Policies

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3.3 The following saved policies of the City of Worcester Local Plan are considered to be relevant to the proposal:-

BE1 Environmental standards for development NE9 The Green Network

3.7 With regard to decision-making paragraph 214 of the Framework confirms that:-

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3.8 Thereafter, paragraph 215 stipulates that:-

3.10 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:-

3.11 The South Worcestershire Development Plan (SWDP) is currently at the pre- submission stage of preparation and was submitted to the Secretary of State for examination on 28 th May 2013. The following policies of the SWDP are considered to be relevant to the application proposals:

SWDP 1: Overarching Sustainability Principles SWDP 21: Design

3.12 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to these policies

4. Planning History

4.1 There is no planning history of relevance to the current proposals.

5. Consultations

5.1 WCC Landscape Officer: Has no objection to the scheme, advises that the recommendations of the Ecological Survey are followed on site during construction.

5.2 Neighbours: None.

5.3 At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members in the form of a late paper.

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6. Comments of the Development Services Manager

6.1 I am of the opinion that the key issues for consideration when determining this application to be the impact on the character and setting of the street scene and the wider green network.

6.2 Policy BE1 of the City of Worcester Local Plan 2004 requires all development to achieve a high standard of design, having regard to the character of the area and to harmonise with its environment.

6.3 The application involves the external cladding of an existing building and as such no additional built form is proposed. The alteration to the roof is minimal and should improve rainwater run off. I consider the proposed cladding system and chosen colour scheme to be acceptable and merit is given to the increased energy efficiency achieved through this proposal. Overall I consider the proposal achieves the aims and objectives of Local Plan Policy BE1 and as such should be welcomed.

6.4 In terms of the impact on neighbouring residents’ visual amenities I am also satisfied that the proposal would not detract unacceptably from their outlook in terms of short and long range views.

Ward(s): Nunnery Contact Officer: Alan Coleman – Tel: 01905 722523 Background Papers: Application P13G0327

Page 121 Agenda Item 18

Report to: Planning Committee - 6th August 2013

Report of: Development Services Manager

Subject: APPLICATION A13G0035: PROPOSED ILLUMINATION OF EXISTING TOTEM SIGN AT WORCESTER SIXTH FORM COLLEGE, SPETCHLEY ROAD

1. Decision Required

1.1 The Development Services Manager recommends that advertisement consent is granted, subject to conditions set out in the plans list.

2. Background

2.1 The application was submitted on 10 th June 2013 and the period for determination expires on 19 th August 2013. The application in question has been called into committee by Councillor Richard Boorn on the grounds of significant local objection, impact of neighbouring amenities, highway safety inappropriate use impact on natural environment and an enhanced risk of distraction for drivers.

2.2 The site is located within a predominantly residential area within the Nunnery ward to the east of the city centre. The existing non-illuminated totem sign is installed at the entrance to Worcester Sixth Form College adjacent to the main driveway to the site that runs in-between 79 and 83 Spetchley Road.

2.3 The existing totem sign was approved under application A12G0002 and stands 2.5metres high by 1metre wide. The site is not within a Conservation Area or an Archaeologically Sensitive Area; it does not adjoin any Listed Buildings and is not the subject of any Natural Environment policies as defined on the adopted City of Worcester Local Plan Proposals Map 2004.

2.4 This application proposes to illuminate the existing totem sign by a single downward facing low energy floodlight. The lamp would be 462mm in width with intermittent illumination of 1600 cd/m and would be turned off at 7pm every evening other than on Wednesday nights when it would be turned off at 9pm after the end of night classes held at the college. There would be no illumination at weekends. The illumination of the sign will only affect the top of the sign, being the logo and words ‘Worcester Sixth Form College’ with the circumference of the illumination being 1sq.m maximum.

2.5 The illumination of the sign within these hours is in order to help navigation into the site during working hours, especially during the winter months where the entrance from Spetchley Road can be difficult to find due to the site sign being set back from the main road.

3. Policies

3.1 The Town and Country Planning Act 1990 (‘the Act’) establishes the legislative framework for consideration of this application.

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Section 70(2) of the Act requires the decision-maker in determining planning applications/appeals to have regard to the Development Plan, insofar as it is material to the application/appeal, and to any other material consideration. Where the Development Plan is material to the development proposal it must therefore be taken into account. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application/appeal to be determined in accordance with the Plan, unless material considerations indicate otherwise.

• The saved policies of the City of Worcester Local Plan (1996 - 2011), which was adopted on 8th October 2004. • The Worcester Balance Housing Market Development Plan Document, which was adopted on 11th December 2007 • The Worcestershire Waste Core Strategy, which was adopted on 15th December 2012 • The saved policies of the County of Hereford and Worcester Minerals Local Plan, which was adopted in April 1997.

3.3 There are no policies of the Worcestershire Waste Core Strategy, the Hereford and Worcester Minerals Local Plan or the City of Worcester Local Plan that are relevant to the proposals.

3.4 The Town and Country Planning (Control of Advertisements) Regulations 1992 enables local planning authorities to control advertisements, when it is justified, in the interests of "amenity" and "public safety". In this respect an advertisement application differs from other planning proposals as 'amenity' and 'public safety' are the only issues that can be controlled.

3.5 The control system is concerned with the visual effect on its surroundings of an advertisement. The relevant considerations for this purpose are the local characteristics of the neighbourhood, including scenic, historic, architectural or cultural features, which contribute to the distinctive character of the locality.

3.6 In assessing an advertisement's impact on "public safety", Local Planning Authorities are expected to have regard to its effect upon the safe use and operation of any form of traffic or transport on land (including the safety of pedestrians), on or over water, or in the air. Local Planning Authorities will therefore consider such matters as the likely behaviour of drivers of vehicles who will see the advertisement; possible confusion with any traffic sign or other signal; or possible interference with a navigational light or an aerial beacon.

3.7 In addition, the National Planning Policy Framework (NPPF) was published on 27th March 2012 and replaces, amongst other documents, Planning Policy Guidance Note 19: Outdoor Advertisement Control.

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The NPPF is the principle source of national guidance relevant to this application and is a material consideration in planning decisions. In relation to advertisement proposals it states at paragraph 67:

"Poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authority's detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.”

3.8 With regard to decision-making paragraph 214 of the Framework confirms that:

3.9 Thereafter, paragraph 215 stipulates that:

3.10 In this particular case there are no policies of the Worcestershire Waste Core Strategy, the Hereford and Worcester Minerals Local Plan or the City of Worcester Local Plan that are relevant to the proposals. As such, it is considered that the application should be assessed in the context of the National Planning Policy Framework, in particular paragraph 67.

3.11 Furthermore, paragraph 216 of the Framework states that:-

“From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:

• the stage of preparation of the emerging plan (the more advanced the preparation, 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);and • the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).”

SWDP 1: Overarching Sustainability Principles

3.13 However, given the current stage of preparation of the SWDP I consider that only limited weight can be afforded to this policy.

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4. Planning History

4.1 There are many previous applications concerning the site at Worcester Sixth Form College however only one is of relevance to this application which is listed below:

A12G0002 – Proposed display of 1no. monolith totem sign to be located at the entrance off Spetchley Road measuring 2.5 by 1m and 1no. fascia sign measuring 3.6m by 3m on front elevation. Approved under delegated powers on 1 st March 2012.

5. Consultations

5.1 Highway Authority: " The Luminance does not exceed the national guidelines, and in any event is not considered by the County Council to be in a position where highway safety is potentially compromised.

In dark and/or poor visibility conditions, the illuminated sign could actually assist highway safety for people visiting the site for the first time, whereby drivers may otherwise be distracted by looking for the college entrance and losing concentration on other road users”

5.2 Spetchley Road Resident’s Association: Object on grounds of no demonstrable need for illumination of sign, commercialisation of residential area and unnecessary intrusion in the street scene.

5.3 Neighbours: Objections to the application have been received from 79 Spetchley Road and 83 Spetchley Road on grounds that are summarised as follows:-

1. “The sign illumination will be an unwelcome irritation/light pollution; 2. Is completely out of character with the rest of the local area; 3. No proper prior consultation with local residents has taken place; 4. Will add little or no advertising value to the college; 5. Adequate signage is already in place; 6. Will unnecessarily commercialise a pretty residential area, and; 7. Waste of public money and the funds could be used much more appropriately elsewhere.”

5.4 Should any further comments be received they will be reported to the Committee as a late paper.

6. Comments of Development Services Manager

6.1 I consider the main issue raised by the proposal is the impact on amenity and highway safety.

6.2 I have received no objections to this proposal from the Highway Authority on public safety grounds. I am therefore satisfied that the advertisements would not result in any harm to public safety in terms of the safe use and operation of the surrounding roads. Having assessed the impact of the sign from all directions I am satisfied that the signs does not compromise highway safety or result in confusion to drivers.

6.3 With regard to amenity considerations the premises are located within a predominantly residential area that also includes educational establishments, a sports centre and the County Council’s offices.

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This does not necessarily preclude the display of well sited advertisements of suitable size and design, however, it is to be expected that it will result in control being maintained to ensure that outdoor advertisements do not spoil the appearance of the area.

6.4 I consider that the proposal represent an acceptable form of illumination for the existing sign that would neither appear over dominant nor incongruous and would not harm the visual quality of the site or the wider area. In my opinion, the proposed illumination of the existing sign would not commercialise or detract from the predominantly residential character, appearance and amenity of Spetchley Road, and would thereby satisfy the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to advertisements.

6.5 I acknowledge all comments received as part of the consultation process and consider that all material planning issues have been considered. With regard to the objections raised on the need for the sign and its cost these are not a material planning considerations. I note that objections have also been raised to the lack of prior consultation by the applicants with local residents. However, I cannot comment on this particular matter. Nevertheless, I am satisfied that the Local Planning Authority has fulfilled its statutory obligations in this regard and has undertaken appropriate neighbour notification of 14 properties in the vicinity of the application site at 92 – 102 (evens) Spetchley Road and 77 - 85 (odds) Spetchley Road, including 81a, 81b and 81c Spetchley Road.

7. RECOMMENDATION OF THE DEVELOPMENT SERVICES MANAGER: That advertisement consent is granted, subject to the conditions set out in the plans list.

Ward(s): Nunnery Contact Officer: Alan Coleman - Tel: 01905 722523 Background Papers: Application A12G0002

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CITY OF WORCESTER PLANNING COMMITTEE 22nd August 2013

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

Background papers to all items included in this agenda may be inspected at the offices of the Development Services Manager, Orchard House, Farrier Street, Worcester.

1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD

Location 18-20 Silver Street

Description Change of use from retail (A1) to Office (B2)Demolition of single storey extensions. Reconstruction of second floor and new roof to Street range and east wing.Construction of two storey extension to east elevation of street range.

Applicant Carillion Richardson (Worceste

Agent Nick Joyce Architects LLP

Constraints Grade II Listed Building Lowesmoor Conservation Area Archaeology Head of Cleaner & Gr

Consultations Worcester Civic Society Conservation Officer Cons Areas Advisory Committee City Archaeological Officer Head of Cleaner & Greener City Transportation Partnership Man

Advertised As Works affecting Listed Buildings

Number of Neighbours Consulted 12

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD

General Remark/ The decision to grant listed building consent takes into account the provisions Summary of of the Development Plan, in particular policies BE14 and BE21 of the City of Recommendation Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the National Planning Policy Framework. On balance, it was considered that the proposed works would not cause substantial harm to the significance of the designated heritage assets. The proposal is therefore considered to be consistent with the aims and objectives that policies BE14 and BE21 of the City of Worcester Local Plan and the National Planning Policy Framework seek to protect and promote with regard to heritage assets.

Positive and Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Recommendation APPROVAL

Conditions

1 CA04 LISTED BUILDING CONSENT The works must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2 CA06 CARRIED OUT IN COMPLETE ACCORDANCE The works hereby approved shall be carried out in complete accordance with the submitted plans, except where otherwise stipulated by conditions attached to this permission.

For the following reason:

For the avoidance of doubt and to secure a satisfactory standard of work in accordance with policies BE14 and BE21 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 3 CC05 SHARED SATELLITE TELEVISION No aerials or satellite dishes shall be installed other than in accordance with a scheme for the provision of a shared system for using one aerial and/or satellite dish in accordance with a scheme to be submitted to and approved in writing by the local planning authority. The approved scheme, which shall include the siting, size and colour of the aerial and/or satellite dish shall be implemented prior to the first occupation of any part of the building.

For the following reason:-

To ensure a high standard of design and appearance for this listed building and the character and appearance of the Lowesmoor Conservation Area, in accordance with policy BE14 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

4 CD20 DETAILS OF EXTERNAL PLANT Prior to their installation, full details of all external plant, including extract ventilation facilities, air conditioning equipment, ventilation, flues and other extraction systems, their noise generation levels, and any noise attenuation measures shall be submitted to and approved by the local planning authority in writing. The works shall not be carried out otherwise than in full accordance with such approved details.

For the following reason:-

5 CE02 RETAIN/RE-USE FEATURES This consent does not relate to the removal of any features of archaeological, architectural or historic interest except where specifically shown on the approved plans. Such features shall be retained and re-used in a manner to be agreed with the local planning authority in writing prior to any works being carried out which may affect them.

For the following reason:-

To maintain the character of this building as a grade II listed building in accordance with policies BE14 and BE21 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

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CITY OF WORCESTER PLANNING COMMITTEE 22nd August 2013

1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 6 CE05 SAFETY OF RETAINED STRUCTURES Before any work is commenced in pursuance of this consent, such steps shall be taken and such works carried out as shall, during the progress of the works permitted by this consent, secure the safety and stability of the parts and features of the building which are to be retained.

For the following reason:-

To maintain the character of this building as a grade II listed building in accordance with policy BE14 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

7 CE06 UNCOVERING FEATURES/INTEREST If during the course of the works hereby approved any of the following features of interest are uncovered other than those already identified on the submitted plans, the local planning authority shall be notified immediately and no works affecting such features shall take place until they have been inspected by persons authorised by the local planning authority and a scheme for their retention and/or treatment agreed in writing.

Schedule of features of interest:-

- timber framing - structural elements of masonry or brickwork

For the following reason:-

To allow the historical and archaeological potential of the buildings to be recorded in accordance with policy BE21 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 8 CE09 INTERNAL PLUMBING All new and/or relocated soil and vent pipes with their connecting waste pipes shall be located internally within the building in accordance with a scheme to be agreed in writing by the local planning authority before such works are commenced.

For the following reason:-

To ensure a high standard of design and appearance for this Listed Building and the character and appearance of the Lowesmoor Conservation Area, in accordance with policy BE14 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

9 CE14 ARCHAEOLOGICAL INVESTIGATION No works shall take place until full details of a programme of archaeological work have been submitted to and approved in writing by the local planning authority and the approved works shall be carried out as approved. The details shall include an archaeological watching brief during groundworks.

For the following reason:-

To allow the historical and archaeological potential of the buildings to be recorded in accordance with policy BE21 of the City of Worcester Local Plan 2004.

10 CE18 ARCHAEOLOGICAL INVESTIGATION - BUILDING RECORD No works shall take place until full details of a programme of archaeological building investigation and recording have been submitted to and approved in writing by the local planning authority and the approved works shall be carried out as approved. The details shall include a full drawn, photographic and written survey of the building, and an archaeological watching brief during intrusive works to the building. An interim report on the building recording to be submitted before any intrusive works are carried out to the building, to inform those works.

For the following reason:-

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 11 CF01 FULL DETAILS Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing before the works are commenced.

Schedule:-

- A full and clearly referenced structural engineer's report, to include reasoned justification for the removal of any timbers.

The works shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

Insufficient details were submitted for these matters to be fully and properly considered in respect of the approval hereby granted and policy BE14 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 12 CF02 AMENDED DETAILS Notwithstanding any details shown on the submitted plans, the following matters shall be carried out in full as part of the works hereby approved.

Schedule:-

- All rooflights to be flush fitting. - No mechanical sanding of floorboards. - Existing floorboards to be re-used in the same location. - Existing front door and door furniture to be re-used. - With the exception of the fireplace on the first floor by the stairs and sub stack, all fireplaces are to be made good, including the surround and mantle. - niche/cupboard on the ground floor to be retained and made good and not blocked up, unless otherwise agreed in writing by the local planning authority. - All rainwater goods shall be cast iron or rolled aluminium. - Dormers to have leaded cheeks. - A 25mm recessed reveal is to be left where doorways are to be blocked up. - Cellar steps and doorway leading to cellar room are to be retained in-situ. Doorway to be blocked up and cellar steps backfilled using material that would be reversable. - Where existing lath and plaster ceilings are removed, they are to be replaced on a like-for-like basis. - Brickwork partition underneath timber purlin on second floor of Infirmary building to remain in-situ and the doorway made good. - Where practicable wall fixings should be made into the mortar joints and not into the brickwork.

The works shall not be undertaken other than in full accordance with such matters.

For the following reason:-

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CITY OF WORCESTER PLANNING COMMITTEE 22nd August 2013

1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 13 CF02 AMENDED DETAILS Notwithstanding any details shown on the submitted plans, suitably amended details of the following matters shall be submitted to and approved by the local planning authority in writing before the works to which such matters relate are commenced.

Schedule:-

- Dormers to be positioned to the same configuartion as those shown on historic photographs.

The works shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

To maintain the character and the quality of the street scene and building as a Grade II Listed Building in accordance with policy BE14 of the City of Worcester Local Plan 2004, the City Council's adopted Supplementary Planning Document No.3 "Archaeology and the Historic Environment" and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

14 CE07 REPAIRS TO TIMBER FRAMING All repairs to the existing timber frame of the building shall be carried out in traditional materials and in an appropriate manner in accordance with details which shall have been agreed in writing by the local planning authority prior to the commencement of such works.

For the following reason:-

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 15 CF01 FULL DETAILS Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing before the works to which they relate are carried out.

Schedule:-

- Method statement for the dismantling or rebuilding of any walls. - Flush fitting rooflights. - Door and window furniture. - Floor finishes in each room. - Ceiling finishes. - Methodology for securing wall mounted fixtures. - Secondary glazing and fixings.

The works shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

16 CF05 MATERIALS TO BE SUBMITTED (B) Samples of all facing and roofing materials, including slates, tiles, bricks, stone door/window heads and cills and weather boarding, shall be submitted to and approved by the local planning authority in writing prior to their installation or use. The works shall not be carried out otherwise than in accordance with such approved details which shall be retained in-situ thereafter.

For the following reason:-

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1) L13D0077 LISTED BUILD CONSENT CATHEDRAL WARD 17 CF05 MATERIALS TO BE SUBMITTED (B) Samples of all joinery, including skirting, architraves, floorboards, window components, joists and roof members shall be submitted to and approved by the local planning authority in writing prior to their installation or use. All joinery to match existing in species and profile. The works shall not be carried out otherwise than in accordance with such approved details which shall be retained in-situ thereafter.

For the following reason:-

18 CE04 REMOVAL/STORAGE/RE-USE OF FEATURES Satisfactory measures shall be taken to ensure the careful removal and storage of items listed in the following schedule which are to be re-used as part of the works hereby approved in accordance with a scheme to be agreed in writing with the local planning authority before the works to which they relate are carried out:

Schedule of items:

- Existing doors; - Floorboards; - Existing front door and door furniture; - Timber shutter on second floor of Infirmary building; - Cast iron columns on ground floor, and; - operating theatre partitions.

For the following reason:-

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CITY OF WORCESTER PLANNING COMMITTEE 22nd August 2013

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

Background papers to all items included in this agenda may be inspected at the offices of the Development Services Manager, Orchard House, Farrier Street, Worcester.

2) P13Q0221 OUTLINE APPLICATION WARNDON PARISH SOUTH

Location Former Ronkswood Hospital Site, Newtown Road

Description Residential development (up to 200 dwellings) including infrastructure ancillary facilities, open space and landscaping. Construction of new vehicular access from Newtown Road. Construction of emergency access to Newtown Road.

Applicant Robert Hitchins Ltd

Constraints Archaeology Head of Cleaner & Gr TPO Tree Protection Offr Departure Dev Plan

Consultations City Archaeological Officer West Mercia Constabulary Head of Cleaner & Greener City Tree Protection Officer Landscape Officer Worcestershire Regulatory Serv Housing Strategy Officer City Property Section Transportation Partnership Man Warndon Parish Council Clerk Departure Dev Plan Environment Agency Contaminated Land Officer Worcestershire Wildlife Trust Cllr Lucy Hodgson Cllr Andrew Roberts Severn Trent Water Planning Policy Officer Natural England Ronkswood Action Group Cyclist Touring Club of Great South Worcestershire Land Drai

Advertised As Applications which do not accord with the provisions of the development plan

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CITY OF WORCESTER PLANNING COMMITTEE 22nd August 2013

2) P13Q0221 OUTLINE APPLICATION WARNDON PARISH SOUTH

Number of Neighbours Consulted 105 ------

3) P13D0284 FULL APPLICATION CATHEDRAL WARD

Location Heron Lodge, London Road

Description Proposed erection of 2no. dwellings.

Applicant Heron Homes Ltd

Agent Delta Architects

Constraints Larkhill Conservation Area Archaeology Head of Cleaner & Gr Green Network TPO

Consultations Conservation Officer Worcester Civic Society Cons Areas Advisory Committee City Archaeological Officer West Mercia Constabulary Head of Cleaner & Greener City Worcestershire Wildlife Trust Landscape Officer Tree Officer Transportation Partnership Man South Worcestershire Land Drai Georgian Group

Advertised As Development Affecting Conservation Areas

Number of Neighbours Consulted 18 Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

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3) P13D0284 FULL APPLICATION CATHEDRAL WARD 2 CA06 CARRIED OUT IN COMPLETE ACCORDANCE The development hereby approved shall be carried out in complete accordance with the submitted plans, except where otherwise stipulated by conditions attached to this permission.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy BE1 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design, amenity, residential development and heritage assets.

3 CF05 MATERIALS TO BE SUBMITTED (B) Samples of facing, roofing and surfacing materials shall be submitted to and approved by the local planning authority in writing prior to use in the construction of the development hereby approved. The development shall not be carried out otherwise than in accordance with such approved details.

For the following reason:-

To ensure a satisfactory standard of design and appearance for the development in accordance with policy BE1 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design, residential development and heritage assets.

4 CG12 LANDSCAPE SCHEME (DETAILS) No development shall take place until there has been submitted to and approved in writing by the local planning authority a scheme of landscaping which shall include details of all existing trees and shrubs, new tree and shrub planting, seeding, surface treatments, screen walls, boundary fences and boundary treatments.

For the following reason:-

To maintain and enhance the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design and residential development.

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3) P13D0284 FULL APPLICATION CATHEDRAL WARD 5 CG13 PLANTING All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the landscape planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation, and such new planting shall be similarly maintained for a five year period from its planting.

For the following reason:-

To maintain the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design and residential development.

6 CH11 PARKING - ESTATE DEVELOPMENT (MORE THAN ONE HOUSE) Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans and this area shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

For the following reason:-

In the interests of highway safety and to ensure the safety and free flow of traffic using the adjoining highway in accordance with policy TR12 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to residential development.

7 CM04 DRAINAGE - FOUL AND SURFACE The development hereby approved shall not commence until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details before the approved use is first operational.

For the following reason:-

To prevent pollution of the water environment and increased flooding risk in accordance with policy BE1 of the City of Worcester Local Plan 2004.

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3) P13D0284 FULL APPLICATION CATHEDRAL WARD 8 CN01 HOURS OF CONSTRUCTION / DELIVERIES During the demolition and construction works hereby approved no operations including deliveries to or from the site shall be carried out on the site other than between the hours of 0.730 to 17.00 Mondays to Fridays inclusive and to 13.00 on Saturdays and no operations shall be carried out at all on Sundays or on statutory Bank Holidays.

For the following reason:-

To maintain the residential amenity of the surrounding residential development in accordance with policy BE1 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to amenity and residential development.

9 CE13 ARCHAEOLOGY - ACCESS (UNENCUMBERED RECORDING) Twenty one days before any development is commenced resulting in any excavation within the site, written notice shall be given to the local planning authority, whereupon the local planning authority shall, within 21 days of receipt of such notice, specify in writing to the developer which persons authorised by the local planning authority shall be allowed access to the site whilst any excavations are in progress for the purpose of archaeological investigation. This access shall allow for a period of up to two days for unencumbered archaeological recording to take place within the trenches if in the opinion of the City Archaeological Officer features of interest are revealed.

For the following reason:-

To allow the historical and archaeological interest of the site to be recorded in accordance with policy BE21 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

10 CG25 PERMEABLE SURFACING All roadways, footpaths, driveways and other hard surfaced areas of the development hereby approved shall be constructed and surfaced using construction techniques and materials that allow the permeable drainage of surface waters from those areas. The development shall be retained as such at all times thereafter, unless otherwise agreed in writing by the local planning authority.

For the following reason:

To reduce flood risk through the implementation of a surface water management system in accordance with and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to sustainable construction and surface water drainage.

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3) P13D0284 FULL APPLICATION CATHEDRAL WARD 11 CJ18 RESTRICTING PERMITTED DEVELOPMENT (GENERAL) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re- enacting that Order with or without modification), no additions, extensions or external alterations shall be made to the approved property.

For the following reason:-

To maintain the character of the site and surrounding area in accordance with policy BE1 of City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design, amenity and residential development.

12 CJ18 RESTRICTING PERMITTED DEVELOPMENT (GENERAL) Notwithstanding the provisions of the Town and Country Planning (Use Classes Order) 1987 (or any Order revoking and re-enacting that Order with or without modification), the proposed residential units shall be used within the C3 use class and not for any other use without prior consent from the Local Planning Authority.

For the following reason:-

In the interests of neighbouring residents' amenities in accordance with policy BE1 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to amenity and residential development. ------

4) P13N0298 FULL APPLICATION WARNDON WARD

Location Brookthorpe Close

Description Erection of 4 no. houses, 4 no. apartments and 2 no. bungalows and associated car parking, amenity space and environmental improvements.

Applicant Worcester Community Housing Li

Agent DJD Architects

Constraints Head of Cleaner & Gr TPO

Consultations West Mercia Constabulary Head of Cleaner & Greener City Tree Officer Landscape Officer Housing Strategy Officer Transportation Partnership Man Planning Policy Officer Cllr Alan Amos Cllr Jo Hodges,J.P. South Worcestershire Land Drai

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4) P13N0298 FULL APPLICATION WARNDON WARD City Archaeological Officer

Number of Neighbours Consulted 155 Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 CA06 CARRIED OUT IN COMPLETE ACCORDANCE The development hereby approved shall be carried out in complete accordance with the submitted plans, except where otherwise stipulated by conditions attached to this permission.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy BE1 of the City of Worcester Local Plan 2004.

3 CC01 REFUSE STORAGE AND LOCATION Provision shall be made before any dwelling is occupied for the storage and collection of refuse in relation to that dwelling in accordance with a scheme to be submitted to and agreed by the local planning authority prior to the development hereby approved being commenced.

For the following reason:-

To ensure the satisfactory provision of this necessary residential facility in accordance with policy BE1 of the City of Worcester Local Plan 2004.

4 CE13 ARCHAEOLOGY - ACCESS (UNENCUMBERED RECORDING) Twenty one days before any development is commenced resulting in any excavation within the site, written notice shall be given to the local planning authority, whereupon the local planning authority shall, within 21 days of receipt of such notice, specify in writing to the developer which persons authorised by the local planning authority shall be allowed access to the site whilst any excavations are in progress for the purpose of archaeological investigation. This access shall allow for a period of up to one day for unencumbered archaeological recording to take place within the trenches if in the opinion of the City Archaeological Officer features of interest are revealed.

For the following reason:-

To allow the historical and archaeological interest of the site to be recorded in accordance with policy BE21 of the City of Worcester Local Plan 2004.

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4) P13N0298 FULL APPLICATION WARNDON WARD 5 CF01 FULL DETAILS Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing before the development is commenced.

Schedule:-

parking allocation arrangements

The development shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

Insufficient and/or inadequate details were submitted for these matters to be fully and properly considered in respect of the approval hereby granted and policy BE1 of the City of Worcester Local Plan 2004.

6 CF05 MATERIALS TO BE SUBMITTED (B) No development shall be commenced before samples of facing, surfacing and roofing materials have been submitted to and approved by the local planning authority in writing. The development shall not be carried out otherwise than in accordance with such approved details.

For the following reason:-

To maintain the character of the property and the quality of the street scene in accordance with policy BE1 of the City of Worcester Local Plan 2004.

7 CF07 DETAILS OF EXTERNAL LIGHTING Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the buildings are occupied. Development shall be carried out in accordance with the approved details.

For the following reason:-

8 CG12 LANDSCAPE SCHEME (DETAILS) No development shall take place until there has been submitted to and approved in writing by the local planning authority a scheme of landscaping which shall include details of all existing trees and shrubs, new tree and shrub planting, seeding, surface treatments, screen walls, boundary fences and boundary treatments.

For the following reason:-

To maintain the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004. 18 of 36 Page 145

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4) P13N0298 FULL APPLICATION WARNDON WARD 9 CG13 PLANTING All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the landscape planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation, and such new planting shall be similarly maintained for a five year period from its planting.

For the following reason:-

To maintain the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004.

10 CM04 DRAINAGE - FOUL AND SURFACE The development hereby approved shall not commence until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details before the approved use is first operational.

For the following reason:-

To prevent pollution of the water environment and increased flooding risk in accordance with policies NE20 - NE26 of the City of Worcester Local Plan 2004.

11 CN01 HOURS OF CONSTRUCTION / DELIVERIES During the demolition and construction works hereby approved no operations including deliveries to or from the site shall be carried out on the site other than between the hours of 07.30 to 19.30 Mondays to Fridays inclusive and 08.00 to 13.00 on Saturdays and no operations shall be carried out at all on Sundays or on statutory Bank Holidays.

For the following reason:-

To maintain the residential amenity of the surrounding residential development in accordance with policy BE1 of the City of Worcester Local Plan 2004.

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4) P13N0298 FULL APPLICATION WARNDON WARD 12 CN05 PARKING FOR SITE OPERATIVES Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

For the following reason:-

To prevent indiscriminate parking in the interests of highway safety and in accordance with policy BE1 of the City of Worcester Local Plan 2004.

13 CN06 WHEEL WASHING The development shall not be begun until wheel cleaning apparatus has been provided in accordance with details to be submitted to and approved in writing by the local planning authority, and this equipment shall be operated and maintained during construction of the development hereby approved.

For the following reason:-

To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety and in accordance with policy BE1 of the City of Worcester Local Plan 2004.

14 NSC NON-STANDARD CONDITION Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re- enacting that Order with or without modification), no additions or extensions shall be made to the approved properties.

For the following reason:-

To maintain the character of the site and surrounding area in accordance with policy BE1 of City of Worcester Local Plan 2004. ------

5) P13F0306 FULL APPLICATION GORSE HILL WARD

Location Ullswater Close and garage block off Grasmere Drive

Description Proposed erection of 15 no. houses, 2 no. apartments and 1 no. bungalow and associated parking, amenity space and environmental upgrades to surrounding estate.

Applicant Worcester Community Housing

Agent DJD Architects

Constraints Head of Cleaner & Gr Green Network

Consultations West Mercia Constabulary Head of Cleaner & Greener City

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5) P13F0306 FULL APPLICATION GORSE HILL WARD Worcestershire Wildlife Trust Landscape Officer Housing Strategy Officer Head of Safer & Stronger Commu City Property Section Transportation Partnership Man Cllr Roger Berry Cllr Geoffrey Williams South Worcestershire Land Drai James Dinn

Number of Neighbours Consulted 118

General Remark/ The decision to grant planning permission takes into account the provisions of Summary of the Development Plan, in particular policy BE1 of the City of Worcester Local Recommendation Plan 2004 and related Supplementary Planning Guidance No. 3 "Residential Design Guide" and it was considered that, on balance, the proposal would not cause demonstrable harm to the amenities of the area and highway safety.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy BE1 of the City of Worcester Local Plan 2004.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 3 CC01 REFUSE STORAGE AND LOCATION Provision shall be made before any dwelling is occupied for the storage and collection of refuse in relation to that dwelling in accordance with a scheme to be submitted to and agreed by the local planning authority prior to the occupation of any residential unit hereby approved.

For the following reason:-

To ensure the satisfactory provision of this necessary residential facility in accordance with policy BE1 of the City of Worcester Local Plan 2004.

4 CC03 PARKING FOR DOMESTIC PURPOSES The parking spaces shown on the approved plans or as may otherwise be required by the planning permission hereby granted shall be used solely for domestic purposes including the storage of private motor vehicles, and not for any commercial purposes whatsoever.

For the following reason:-

To minimise the likelihood of indiscriminate parking in the interests of highway safety in accordance with policies BE1 and TR12 of the City of Worcester Local Plan 2004.

5 CE13 ARCHAEOLOGY - ACCESS (UNENCUMBERED RECORDING) Twenty one days before any development is commenced resulting in any excavation within the site, written notice shall be given to the local planning authority, whereupon the local planning authority shall, within 21 days of receipt of such notice, specify in writing to the developer which persons authorised by the local planning authority shall be allowed access to the site whilst any excavations are in progress for the purpose of archaeological investigation. This access shall allow for a period of up to one day for unencumbered archaeological recording to take place within the trenches if in the opinion of the City Archaeological Officer features of interest are revealed.

For the following reason:-

To allow the historical and archaeological interest of the site to be recorded in accordance with polic BE21 of the City of Worcester Local Plan 2004.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 6 CF01 FULL DETAILS Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing before the development is commenced.

Schedule:-

construction management plan external lighting ecological improvements to the site including bird/bat boxes bollards

The development shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

7 CF02 AMENDED DETAILS Notwithstanding any details shown on the submitted plans, suitably amended details of the following matters shall be submitted to and approved by the local planning authority in writing before the development is first occupied.

Schedule:-

introduction of a verticle traffic calming measure (raised table)to the shared surface at the fromer garage block area

The development shall not be undertaken other than in full accordance with such approved details.

For the following reason:-

In the interests of highway safety and to ensure the safety and free flow of traffic using the adjoining highway in accordance with policy TR12 of the City of Worcester Local Plan 2004.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 8 CG12 LANDSCAPE SCHEME (DETAILS) No development shall take place until there has been submitted to and approved in writing by the local planning authority a scheme of landscaping which shall include details of all existing trees and shrubs, new tree and shrub planting, seeding, surface treatments, screen walls, boundary fences and boundary treatments and make specific provision for additonal boundary screening between exisitng and proposed residential units along with hard and soft landscaping features to the landscaped area off Gramere Drive leading to the former garage block.

For the following reason:-

To maintain the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004.

9 CG13 PLANTING All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the landscape planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation, and such new planting shall be similarly maintained for a five year period from its planting.

For the following reason:-

To maintain the visual and environmental quality of the site and surrounding area in accordance with policies BE1 and NE7 of the City of Worcester Local Plan 2004.

For the following reason:

To reduce flood risk through the implementation of a surface water management system in accordance with policy BE1 of the City of Worcester Local Plan 2004 and NPPF.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 11 CH11 PARKING - ESTATE DEVELOPMENT (MORE THAN ONE HOUSE) Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out, in accordance with the approved plans and this area shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

For the following reason:-

In the interests of highway safety and to ensure the safety and free flow of traffic using the adjoining highway in accordance with policy TR12 of the City of Worcester Local Plan 2004.

12 CH21 WHEEL WASHING Development shall not be begun until wheel cleaning apparatus has been provided in accordance with details to be submitted to and approved in writing by the local planning authority, and this equipment shall be operated and maintained during construction of the development hereby approved.

For the following reason:-

In the interests of highway safety and in accordance with policy BE1 of the City of Worcester Local Plan 2004.

13 CH27 PARKING FOR SITE OPERATIVES Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

For the following reason:-

In the interests of highway safety and in accordance with policy BE1 of the City of Worcester Local Plan 2004.

14 CM04 DRAINAGE - FOUL AND SURFACE The development hereby approved shall not commence until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details before the approved use is first operational.

For the following reason:-

To prevent pollution of the water environment and increased flooding risk in accordance with policies NE20 - NE23 of the City of Worcester Local Plan 2004.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 15 CN01 HOURS OF CONSTRUCTION / DELIVERIES During the demolition and construction works hereby approved no operations including deliveries to or from the site shall be carried out on the site other than between the hours of 07.30 to 19.30 Mondays to Fridays inclusive and 08.00 to 13.00 on Saturdays and no operations shall be carried out at all on Sundays or on statutory Bank Holidays.

For the following reason:-

To maintain the residential amenity of the surrounding residential development in accordance with policy BE1 of the City of Worcester Local Plan 2004.

16 NSC NON-STANDARD CONDITION Before any public highway works are commenced, a Road Making Agreement under combined Sections 38 and 278 of the Highways Act 1980, shall be signed and sealed with Worcestershire County Council, as the relevant Highway Authority for the following works and procedures:

(a) The alteration, extension, and adoption, of Ullswater Close, including any Public Highway extinguishment of the existing configuration, and any refurbishment of existing carriageway and footways/footpaths.

(b) Any alteration to the configuration of the service yard access off Grasmere Drive, including the possible re-alignment/extent (to that shown on submitted plans) of the proposed connecting footpath from the service yard to Grasmere Drive, to give optimum carriageway width and connecting footpath length.

(d) The advance funding for any investigation and/or implementation of Traffic Regulation Orders (TRO's) deemed necessary of consideration, as a direct result of the development.

(e) Following technical appraisal, any alterations, replacements, additions etc.,(over and above the basic Section 38/278 requirements) to road lighting, in the vicinity of the development.

(f) Any miscellaneous signage and road markings resulting from anything in items (a) to (e) inclusive, above.

For the following reason:-

In the interests of highway safety in accordance with policy BE1 of City of Worcester Local Plan 2004.

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5) P13F0306 FULL APPLICATION GORSE HILL WARD 17 CF05 MATERIALS TO BE SUBMITTED (B) No development shall be commenced before samples of facing, roofing and surfacing materials have been submitted to and approved by the local planning authority in writing. The development shall not be carried out otherwise than in accordance with such approved details.

For the following reason:-

To maintain the character of the property and the quality of the street scene in accordance with policy BE1 of the City of Worcester Local Plan 2004. ------

6) P13G0327 WORCESTER CC REG 3 NUNNERY WARD

Location Nunnery Wood Sports Centre, Spetchley Road

Description New insulated cladding and redesigned roof detail.

Applicant Worcester City Council

Agent Worcestershire County Council

Consultations Transportation Partnership Man Ronkswood Action Group

Advertised As Development by the City of Worcester on its own land

Number of Neighbours Consulted 11 Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy BE1 of the City of Worcester Local Plan 2004. ------

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7) P13D0334 FULL APPLICATION CATHEDRAL WARD

Location 33 Diglis Lane

Description Demolition of bungalow and erection of 2no. dwellings.

Applicant Darren Ball Property

Agent Michael A Brown Designer

Constraints Archaeology Head of Cleaner & Gr

Consultations City Archaeological Officer West Mercia Constabulary Head of Cleaner & Greener City Worcestershire Regulatory Serv Transportation Partnership Man Cllr Paul Denham Cllr Jabba Riaz Severn Trent Water South Worcestershire Land Drai Medina House Owners Associatio

Number of Neighbours Consulted 11 Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

For the following reason:

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7) P13D0334 FULL APPLICATION CATHEDRAL WARD 3 CF05 MATERIALS TO BE SUBMITTED (B) Samples of facing, roofing and surfacing materials shall be submitted to and approved by the local planning authority in writing prior to use in the construction of the development hereby approved. The development shall not be carried out otherwise than in accordance with such approved details.

For the following reason:-

5 CG13 PLANTING All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the landscape planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation, and such new planting shall be similarly maintained for a five year period from its planting.

For the following reason:-

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7) P13D0334 FULL APPLICATION CATHEDRAL WARD 6 CH11 PARKING - ESTATE DEVELOPMENT (MORE THAN ONE HOUSE) Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans and this area shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

For the following reason:-

To prevent pollution of the water environment and increased flooding risk in accordance with policy BE1 of the City of Worcester Local Plan 2004and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to residential development.

8 CN01 HOURS OF CONSTRUCTION / DELIVERIES During the demolition and construction works hereby approved no operations including deliveries to or from the site shall be carried out on the site other than between the hours of 0.730 to 17.00 Mondays to Fridays inclusive and to 13.00 on Saturdays and no operations shall be carried out at all on Sundays or on statutory Bank Holidays.

For the following reason:-

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7) P13D0334 FULL APPLICATION CATHEDRAL WARD 9 CE13 ARCHAEOLOGY - ACCESS (UNENCUMBERED RECORDING) Twenty one days before any development is commenced resulting in any excavation within the site, written notice shall be given to the local planning authority, whereupon the local planning authority shall, within 21 days of receipt of such notice, specify in writing to the developer which persons authorised by the local planning authority shall be allowed access to the site whilst any excavations are in progress for the purpose of archaeological investigation. This access shall allow for a period of up to two days for unencumbered archaeological recording to take place within the trenches if in the opinion of the City Archaeological Officer features of interest are revealed.

For the following reason:-

10 NSC NON-STANDARD CONDITION A Section 184 Licence (Highways Act 1980) shall be obtained from Worcestershire County Council as the relevant Highway Authority, for the complete re-kerbing and full extent footway refurbishment, to the total length of site frontage footway in Diglis Lane, which will embrace adequate dropped kerb vehicular crossing facilities deemed necessary by the County Council- not necessarily as depicted on submitted plans. The works to include replacement of existing carriageway channel blocks with standard carriageway construction. All the works covered by the said Licence shall be completed prior to the proposals being brought into use.

All the works covered by the said Licence shall be complete prior to occupation of the proposals.

For the following reason:-

In the interests of highway safety and in accordance with policy BE1 of the City of Worcester Local Plan 2004 and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to design and residential development.

11 NSC NON-STANDARD CONDITION In order to achieve optimum and adequate driver/pedestrian/driver inter- visibility, no hard or soft frontage feature within 2.4 m of the carriageway kerb line, or within a 2.0m x2.0m triangular splay from back-of-footway, each side of each drive, should be greater than 0.6m in height.

For the following reason:-

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7) P13D0334 FULL APPLICATION CATHEDRAL WARD 12 CG25 PERMEABLE SURFACING All roadways, footpaths, driveways and other hard surfaced areas of the development hereby approved shall be constructed and surfaced using construction techniques and materials that allow the permeable drainage of surface waters from those areas. The development shall be retained as such at all times thereafter, unless otherwise agreed in writing by the local planning authority.

For the following reason:

To reduce flood risk through the implementation of a surface water management system in accordance with the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to sustainable construction and surface water drainage.

13 CJ18 RESTRICTING PERMITTED DEVELOPMENT (GENERAL) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re- enacting that Order with or without modification), no additions, extensions or external alterations shall be made to the approved property.

For the following reason:-

14 CJ18 RESTRICTING PERMITTED DEVELOPMENT (GENERAL) Notwithstanding the provisions of the Town and Country Planning (Use Classes Order) 1987 (or any Order revoking and re-enacting that Order with or without modification), the proposed residential units shall be used within the C3 use class and not for any other use without prior consent from the Local Planning Authority.

For the following reason:-

8) P13K0353 REMOVAL OF CONDITION ST JOHN WARD

Location 86 Laugherne Road

Description Application for variation of condition 5 for planning approval P11K0239 to read: "The annexe hereby approved shall be occupied by immediate family members of the occupiers of 96 Laugherne Road only."

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8) P13K0353 REMOVAL OF CONDITION ST JOHN WARD

Applicant Mrs H Blizard

Constraints Head of Cleaner & Gr Green Network

Consultations Head of Cleaner & Greener City Transportation Partnership Man Worcestershire Wildlife Trust Landscape Officer

Number of Neighbours Consulted 7

General Remark/ The decision to grant planning permission takes into account the provisions of Summary of the Development Plan, in particular policy BE1 of the City of Worcester Local Recommendation Plan 2004 and it was considered that, on balance, the proposal would satisfy the original intention and purpose of the condition to retain a family tie with the host dwelling.

Positive and Proactive Statement

Recommendation APPROVAL

------

9) P13N0375 COUNTY COUNCIL REG 3 WARNDON WARD

Location St Josephs Catholic Primary School, Chedworth Drive

Description Consultation under Regulation 3 of the Town and Country Planning General Regulations 1992 for new two storey extension to the school with eight classrooms and ancillary space including external works. Extension to nursery classroom.

Applicant Worcestershire County Council

Agent TSH Architects

Constraints Head of Cleaner & Gr Green Network

Consultations West Mercia Constabulary Head of Cleaner & Greener City

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9) P13N0375 COUNTY COUNCIL REG 3 WARNDON WARD Worcestershire Wildlife Trust Landscape Officer Transportation Partnership Man South Worcestershire Land Drai

General Remark/ The decision to grant planning permission takes into account the provisions of Summary of the Development Plan, in particular policy BE1 of the City of Worcester Local Recommendation Plan 2004 and the National Planning Policy Framework and it was considered that, on balance, the proposal would not cause demonstrable harm to the character or appearance of the surrounding area, neighbouring residents' amenities and highway safety.

Positive and Proactive Statement

Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy BE1 of the City of Worcester Local Plan 2004. ------

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LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

Background papers to all items included in this agenda may be inspected at the offices of the Development Services Manager, Orchard House, Farrier Street, Worcester.

10 ) A13G0035 ADVERTISEMENT NUNNERY WARD

Location Worcester Sixth Form College, Spetchley Road

Description Proposed illumination of the existing totem sign.

Applicant Worcester Sixth Form College

Consultations Transportation Partnership Man

Number of Neighbours Consulted 15

General Remark/ The decision to grant advertisement consent takes into account the provisions Summary of of the Development Plan and the National Planning Policy Framework and it Recommendation was considered that, on balance, the proposal would not cause demonstrable harm to the amenities of the area and highway safety.

Positive and Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant advertisement consent in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Recommendation APPROVAL

Conditions

1 CA03 PLANNING PERMISSION The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

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10 ) A13G0035 ADVERTISEMENT NUNNERY WARD 2 NSC NON-STANDARD CONDITION Unless submitted in writing to the local planning authority, the proposed signage will not be illuminated seperately or outside the hours of the illumination of the main site building, that being Worcester Sixth Form Centre.

For the following reason:- To secure a satisfactory form of illumination with minimum effect to local amenity.

3 CA06 CARRIED OUT IN COMPLETE ACCORDANCE The development hereby approved shall be carried out in complete accordance with the submitted plans, except where otherwise stipulated by conditions attached to this permission.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of advertisement in accordance with policy BE1 of the City of Worcester Local Plan 2004. ------

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