APPLICATION ITEM LW/08/0996 NUMBER: NUMBER: 3 APPLICANTS PARISH / South Heighton / Vastreach Ltd NAME(S): WARD: Ouse Valley &
Ringmer
PROPOSAL: Planning Application for Demolition of existing building, provision of two x one-bedroom flats, ten x two-bedroom flats, access, parking, bin/cycle/recycling store and associated works.
SITE ADDRESS: The Old Rectory, Heighton Road, South Heighton, East Sussex, BN9 0JT GRID REF: TQ 4502
COMREP (March 07) PAC – 28/01/2009 1. SITE DESCRIPTION / PROPOSAL
1.1 The site is the Old Rectory, a detached property in relatively spacious grounds fronting onto Heighton Road, on the approach to South Heighton village from Denton. Although the building is generally attractive, it is not listed and neither is it in a conservation area. The building has until recently been used as a children's home, but is currently vacant. A Tree Preservation Order covers certain trees along the south and west boundaries of the site. The site slopes down from front to back, beyond which are properties fronting Denton Rise at a lower level than the application site.
1.2 It is proposed to redevelop the site to provide 12 flats, accommodated in two separate new buildings on the site. The larger of the two buildings would be located in the position of the existing building, and would accommodate 8 flats in a part two and part three storey building (the second floor being within the roofspace). The smaller of the two buildings would be located to the rear, and would accommodate four flats in a two storey building (the first floor being in the roofspace). The style of the buildings would be relatively traditional, featuring stock bricks, vertical tiling and slate roofs.
1.3 The existing access onto Heighton Road would be closed off, and a new access formed in the centre of the frontage. Twelve parking spaces would be provided on the site. An existing close board fence along the front boundary would be replaced with a post and rail fence and hedge, which would supplement the trees along the frontage which are to be retained. To the rear of the site, TPO trees along the boundaries would be retained.
2. RELEVANT POLICIES
LDLP: – ST03 – Design, Form and Setting of Development
3. PLANNING HISTORY
LW/07/0578 - Demolition of existing building , erection of twelve x two bedroom flats in two blocks, parking & associated works (resubmission of LW/06/1140) - Refused
LW/06/1140 - Demolition of existing house and erection of ten x two bedroom flats and two semi detached two bedroom houses - Refused
LW/02/0602 - Change of use from single residency to home for children for a maximum of six children (12 - 16yrs) - Approved
4. REPRESENTATIONS FROM STANDARD CONSULTEES
Main Town Or Parish Council – Object due to:
Inadequate parking issues Block 'B' will overlook properties in Denton Rise and possibly St Clere. Detrimental to the existing varied housing.
COMREP (March 07) PAC – 28/01/2009 Inadequate sectional plans
Environmental Health – No recommendation.
ESCC Highways – Do not wish to restrict grant of consent in principle subject to some observations.
EDF – No objections
Tree & Landscape Officer Comments – An objection is raised against the construction of block 'B' because of the likely conflict between the trees and future occupants of the site.
In the event that it is decided to grant planning permission various planning conditions will need to be imposed to protect the vulnerable rooting systems of the trees during demolition and subsequent building operations.
Environment Agency – No objection provided planning conditions are imposed on any planning permission granted.
East Sussex County Archaeologist – Recommend a programme of archaeological works.
Sussex Police - C.P.D.A. – Comments submitted on safety issues.
5. REPRESENTATIONS FROM LOCAL RESIDENTS
5.1 7 letters of objection were received from 5 households. The points raised are:
Increase to the existing traffic problems Destruction of protected trees and wildlife Inadequate parking Not in keeping with neighbouring properties No affordable housing Overlooking to nearby properties
6. PLANNING CONSIDERATIONS
6.1 The site is within the Planning Boundary for Newhaven, and so is not subject to the policy restrictions on new development which apply in the countryside.
Existing building
6.2 The existing building is relatively attractive and consideration has been given by the Planning Department as to whether it merits a request for listing. However, the building has been altered over the years in certain ways, and it has been concluded that the building fails to display the architectural or historic interest which would justify listing. Replacement of the building may
COMREP (March 07) PAC – 28/01/2009 therefore be accepted in planning terms, provided that the proposed replacement is acceptable in terms of the effect on the character of the area, on the amenities of nearby residents, and in terms of other material planning considerations.
Character of area
6.3 The general pattern of development, with a larger building at the front and a smaller building at the rear, is considered to be acceptable. There would be enough room within the site to accommodate both, whilst retaining reasonable spacing between the two (minimum of 13m) and the retention of TPO trees. The rear building would generally align with adjacent houses which are set back from Heighton Road, while the front building would be in the same position as the existing building
6.4 The design and appearance of the proposed buildings would, in terms of style and materials, be relatively traditional and would reflect elements of the existing building, including the use of gable ends and tile hanging. The removal of the close board fence across the Heighton Road frontage would be a positive change in the street scene. Overall, although the site would accommodate more built development than that at present, it is considered that the development as a whole would be acceptable in terms of its effect on the character and appearance of the area.
Nearby properties
6.5 There are properties adjoining the side and rear boundaries of the site. To the east is St Clere, a two storey house set back from Heighton Road, with the rear windows facing down its rear garden. The smaller of the new buildings would be positioned largely behind the rear wall of St Clere, and angled slightly towards it. However, that new building would have its eaves at ground floor level, above which the side of the roof would pitch away from the side boundary. In that building there would be two rooflights and two ground floor windows facing St Clere, as the main windows would face front and back. The presence of the new building here would constitute a significant change to this part of the site next to St Clere and the new building would be seen from St Clere, but it is considered that the building would be acceptable in terms of its effect on the living conditions of occupants of St Clere.
6.6 To the west is Glebe House, which like St Clere is also set back from Heighton Road. Glebe House has a blank side wall facing the site, and main windows front and rear. It is not considered that the new rear building would affect the amenities of occupiers of Glebe House (the rear building would be 9.5m from the respective side boundary). The two storey wing of the new front building would face back towards Glebe House, but at a distance of about 22.5m away. The distance between the buildings is such as to not, it is considered, materially affect the amenities of Glebe House.
6.7 To the rear is 7 Denton Rise, a bungalow which is at a lower level than the site. The new building towards the rear of the site would tend to have
COMREP (March 07) PAC – 28/01/2009 views over the bungalow and other dwellings in Denton Rise, rather than causing direct overlooking. It is considered that the living conditions of properties in Denton Drive would not be materially affected by the proposal.
Trees
6.8 Earlier versions of proposal to develop the site have been revised to take into account the retention of protected trees within the site. Significant trees within the site, which materially contribute to the character of the area, would be retained.
6.9 The Council's Tree Officer raises no objection to the proposed building at the front. The Officer does, however, object to the proposed building towards the rear of the site, on grounds that occupation of those flats would be fettered by the existing trees obstructing light to the flats. The concern is that this would lead to pressure on the Council to allow works to be carried out to the protected trees to improve living conditions, which would reduce the amenity value of the trees.
6.10 The Tree Officers advice has been considered in terms of whether a refusal of permission would be justified on the grounds of the concern expressed. In this case it is considered that a refusal would be difficult to justify if this would be the sole reason for refusing the application. This is because there would be no direct impact on the protected trees arising from the siting of the buildings, that the trees would be protected during construction (the measures specified in the Tree Report with the application are in themselves considered to be acceptable by the Tree Officer) and that the effect of the trees on lighting within the rear flats is by no means clear cut. It is therefore considered that evidence to support a refusal on this ground may be difficult to substantiate if a refusal was taken to appeal.
Highway issues
6.11 Some consultees have commented that traffic/parking conditions in Heighton Road would be worsened as a result of the proposal. The situation is that 12 parking spaces and cycle stores would be provided on the site, which the Highway Authority consider is adequate to serve the development. As 1 space per flat is therefore proposed, and the Highway Authority raise no objection, it is considered that a refusal on grounds of inadequate parking would be difficult to justify in terms of overflow parking affecting traffic safety conditions on Heighton Road.
Other issues (including drainage)
6.12 The adjacent occupier to the rear has raised concerns about drainage from the development. It is recommended that, if permission is granted, a condition requiring details of drainage from the development be agreed with the Council before any work starts.
COMREP (March 07) PAC – 28/01/2009 6.13 Financial contributions towards local public open space and recycling infrastructure would be required as a matter of planning policy.
6.14 Overall, the proposal would intensify built development on the site with 12 flats being accommodated in two buildings - a larger replacement building towards the frontage and a smaller new building at the rear. The proposal would, however, retain the trees on the site and, it is considered, would be acceptable in terms of the existing character of the area and amenities of close residents in the locality. Approval is recommended, subject to conditions.
7. RECOMMENDATION
That planning permission be granted.
The application is subject to the following conditions:
1. Before the development hereby approved is commenced on site, details/samples of all external materials shall be submitted to and approved in writing by the Local Planning Authority and carried out in accordance with that consent.
Reason: To ensure a satisfactory development in keeping with the locality having regard to Policy ST3 of the Lewes District Local Plan.
2. Development shall not begin until details of finished floor levels in relation to the existing ground levels have been submitted to and approved by the Local Planning Authority. The works shall then be carried out in accordance with these details.
Reason: In the interest of residential amenity and the character of the locality having regard to Policy ST3 of the Lewes District Local Plan.
3. Tree protection measures for trees subject to Tree Preservation Order (No.7) 1998, Heighton Road will be carried out in accordance with the approved plans and particulars contained in the following documents: Ben Larkham Associates Ltd Report tr-644-07 and its associated tree protection measures and tree protection fencing. No alterations may be made unless prior consent in writing of the Local Planning Authority, in accordance with BS.5837;2005 Trees in Relation to Construction.
Reason: To help safeguard the character of the area, having regard to policy ST3 of the Lewes District Local Plan.
4. Development shall not begin until details of the route of underground services (e.g. foul and surface water drainage, electricity, Gas, Cable TV etc) have been submitted to and approved in writing by the Local Planning Authority.
Reason: To help safeguard the character of the area, having regard to policy ST3 of the Lewes District Local Plan.
COMREP (March 07) PAC – 28/01/2009
5. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. If within a period of two years from the date of the planting any tree, or any tree planted in replacement for it, is removed, uprooted destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason: To help safeguard the character of the area, having regard to policy ST3 of the Lewes District Local Plan.
6. Development shall not begin until details of foul and surface water drainage arrangements have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented prior to the first occupation of the development.
Reason: To secure a satisfactory standard of development having regard to Policy ST3 of the Lewes District Local Plan.
7. No development shall take place within the area indicated (this would be the area of archaeological interest) until the applicant, or their agents or successors in title, has/have secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority and carried out in accordance with that approval.
Reason: To facilitate the recording of finds of archaeological interest having regard to Policy ST3 of the Lewes District Local Plan.
8. The land indicated on the approved plans for the parking and turning of vehicles for the development hereby permitted shall be laid out prior to the first occupation/use of the development and thereafter kept available for that purpose only.
Reason: To ensure adequate off-street parking provision having regard to Policy ST3 of the Lewes District Local Plan.
9. The building indicated for the storage of cycles on the approved plans shall be completed before first occupation of the development and shall thereafter kept available for that purpose only.
Reason: To ensure adequate off-street parking provision having regard to Policy ST3 of the Lewes District Local Plan.
10. Construction work shall be restricted to the hours of 0800 to 1800 Monday to Fridays and 0830 to 1300 on Saturdays and works shall not be carried out at any time on Sundays or Bank/Statutory Holidays.
COMREP (March 07) PAC – 28/01/2009 Reason: In the interest of residential amenities of the neighbours having regard to Policy ST3 of the Lewes District Local Plan.
11. No development shall begin until a scheme for the provision and/or improvement of transport, recycling and public open space and play facilities to meet the needs of the development, together with details of the timing of the implementation for these approved schemes, has been submitted to and approved in writing by the local planning authority.
Reason: In help ensure adequate infrastructure to meet the needs of the development, having regard to Policy ST2 of the Lewes District Local Plan.
This decision is based on the following submitted plans/documents:
PLAN TYPE DATE RECEIVED REFERENCE
Design & Access 18 August 2008 Statement
Other Plans 18 August 2008 ARBORICULTURAL ASSESSMENT
Location Plan 18 August 2008 KLW/08/022/01
Location Plan 18 August 2008 KLW/08/022/02
Location Plan 18 August 2008 1:1250
Block Plans 18 August 2008 020208/02B
Proposed Elevations 18 August 2008 020208/03A
Proposed Floor Plans 18 August 2008 020208/03A
Proposed Elevations 18 August 2008 020208/04B
Proposed Floor Plans 18 August 2008 020208/04B
Proposed Elevations 18 August 2008 020208/A4/06
Summary of reasons for decision and any relevant development plan policies/proposal:
It is considered that the proposal meets the aims and objectives of Local Plan Policy and respects the character of the location, complying with Policy ST3 of the Lewes District Local Plan.
COMREP (March 07) PAC – 28/01/2009