AGENDA ITEM

9 COMMITTEE: DEVELOPMENT CONTROL

DATE: 11TH JANUARY 2017

SUBJECT: SERVICE STATION, ICKNIELD WAY – DEVELOPMENT OF LAND FOR RESIDENTIAL PURPOSES – ERECTION OF 2 NO. 3 BEDROOM DWELLING HOUSES AND TWO DETACHED BUILDINGS COMPRISING OF 19 FLATS WITH ASSOCIATED ACCESS AND PARKING. (APPLICANT: SIMCO HOMES) (APPLICATION NO: 15/01833/OUT)

REPORT BY: DEVELOPMENT CONTROL MANAGER

CONTACT OFFICER: CAROLINE ELLIS 01582 546317

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: ICKNIELD

PURPOSE

1. To advise Members of a current application for planning permission and to seek their decision.

RECOMMENDATION(S)

2. It is recommended that planning permission is granted subject to the satisfactory completion of a S106 Agreement to include an overage agreement to secure financial contributions to be paid towards improvements to education and waste management and subject to the following conditions:-

(01) In the case of any matter hereinafter reserved for the subsequent approval of the Local Planning Authority, application for this approval shall be made not later than the expiration of two years beginning with the date of this permission and the development hereby permitted shall be begun not later than whichever is the later of the following dates: (a) The expiration of three years from the date of this permission or (b) The expiration of one years from final approval of the matters hereinafter reserved for the subsequent approval of the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.

(02) Full details and particulars of all buildings and other works hereby permitted in respect of the landscaping of the site/development shall be submitted to and approved by the Local Planning Authority before any development is commenced.

Reason: To enable the Local Planning Authority to exercise proper control over the details of development in the case of an outline planning permission granted under Part 2, paragraph 4(1) of the Town and Country Planning (Development Management Procedure) Order, 2010.

(03) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on plan numbers 08, 09, 10, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, H2, ENV9 and T3 of the Local Plan.

(04) All planting included in the scheme(s) submitted in compliance with Condition No. 2 of this permission and approved by the Local Planning Authority shall be carried out by a date not later than the end of the full planting season immediately following the completion of that development. If within a period of five years from the initial date of planting of any tree or shrub, any such plant is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority, seriously damaged, diseased or defective, another tree or shrub 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 ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV10 of the Luton Local Plan.

(05) Prior to the commencement of any work on site an accurate survey plan to a scale of not less than 1:200 shall be submitted to and approved by the Local Planning Authority showing: (a) The position, height, species, branch spread and condition of all existing trees, shrubs and hedges both within and immediately adjoining the development site; (b) A clear indication of trees, shrubs and hedges to be retained and/or removed; (c) Existing and finished site levels; (d) The routes of any existing or proposed underground works and overhead lines, including their manner of construction.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV10 of the Luton Local Plan.

(06) A landscape management plan, setting out management and maintenance responsibilities for all hard and soft landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, for its permitted use. The landscape management plan shall be carried out as approved and shall remain in force for as long as the development remains in existence.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV10 of the Luton Local Plan.

(07) A management plan, including management responsibilities and maintenance schedules, for all internal, external and shared/common areas of the flat buildings shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development for its permitted use. The management plan shall be carried out as approved.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, H2 and ENV9 of the Luton Local Plan.

(08) Prior to the first occupation of the development hereby approved, a scheme to provide site security shall be installed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in full and retained and maintained thereafter for so long as the development remains in existence.

Reason: To ensure a satisfactory standard of development and in the interests of security and the prevention of crime. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(09) No external lighting shall be installed on the site, other than in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to occupation. The scheme, lighting equipment and levels of illumination shall comply with guidance issued by the Institution of Lighting Professionals in their publication "Guidance Notes for the Reduction of Obtrusive Light Ref: GN01:2011" and shall be accompanied by a statement from the developer confirming that compliance. The scheme shall thereafter be retained and maintained for so long as the development remains in existence and shall not be varied without the prior written permission of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV8, ENV9 and H2 of the Luton Local Plan.

(10) The parking area for the residents as identified on the approved plan, shall be laid out and ready for use prior to the occupation of the development hereby permitted.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and T3 of the Luton Local Plan.

(11) The cycle storage facilities hereby approved shall be laid out and ready for use prior to the occupation of the development hereby permitted. These shall be retained and maintained for as long as the development remains in existence.

Reason: In the interests of visual amenity and highway safety. To accord with the objectives of Policy(ies) LP1 and T3 of the Luton Local Plan.

(12) The bin storage facilities hereby approved shall be laid out and ready for use prior to the occupation of the development hereby permitted. The bin storage facilities shall be retained and maintained for so long as the development remains in existence.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(13) Notwithstanding the submitted details full details of the proposed boundary treatment including access gates to serve the parking area, shall be submitted to and approved by the Local Planning Authority before the development is commenced and the approved treatment shall be installed before the buildings hereby permitted are occupied.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(14) Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) () Order, 2015 (as amended), (or any Order revoking and re-enacting that Order with or without modification) no building, extension or other structure shall be erected, constructed or placed within the curtilage of any dwellinghouse hereby permitted without the prior permission of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV9 and H2 of the Luton Local Plan.

(15) Full details of the materials to be used in the construction of the roof, walls and balconies of the development shall be submitted to and approved by the Local Planning Authority before the development is commenced. The development shall be carried out using the approved materials unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan.

(16) Prior to the commencement of development, details of a scheme for renewable energy production equipment to provide at least 10% of the predicted energy requirements of the development shall be submitted to and approved by the Local Planning Authority, unless it can be demonstrated that there are overwhelming practical reasons why this is not appropriate. The scheme thereby approved shall be installed before first occupation or in accordance with a timetable agreed in writing by the Local Planning Authority and shall be used, retained and maintained thereafter for so long as the development remains in existence.

Reason: In the interests of sustainability. To accord with the objectives of Policy(ies) LP1 and U3 of the Luton Local Plan.

(17) In accordance with the desktop study, a Phase 2 intrusive soil investigation shall be undertaken to assess the degree and nature of any contamination present, and to determine its potential for pollution of the water environment and risk to other receptors via a qualitative risk assessment. The method and extent of the investigation shall be agreed with the Local Planning Authority in consultation with the Environment Agency and the Council's Environmental Protection Service beforehand and the investigation shall be undertaken prior to the commencement of the development.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(18) Subject to the result of the studies required by Conditions 17, a remediation strategy setting out a timetable of works and the proposed means of dealing with any contamination on site, including provisions for monitoring any specified actions and validating the outcomes, shall then be submitted to and approved by the Local Planning Authority in consultation with the Environment Agency and the Council's Environmental Health Service before the development commences. The development shall then proceed in strict accordance with the approved remediation strategy.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(19) If during development contamination not previously identified is found to be present at the site, no further development shall be carried out. An investigation and risk assessment should be undertaken and where remediation is necessary a Remediation Strategy must be submitted to and approved by the Local Planning Authority. The development shall then proceed in strict accordance with the approved remediation strategy.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(20) Following completion of remediation works, the developer should submit a Verification Report to the Local Planning Authority for approval. The Verification Report should provide confirmation that all measures outlined in the approved Remediation Strategy have been completed including where appropriate validation testing.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(21) Piling and other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrate that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(22) Notwithstanding the submitted SuDs Strategy and Maintenance Plan dated February 2016 by Create Consulting Engineers, the development shall not begin until a detailed design and maintenance scheme for a surface water drainage scheme of the site, based on sustainable drainage principles and assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning authority, in consultation with the Lead Local Flood Authority. The scheme shall subsequently be implemented in accordance with the approved details of how the scheme shall be maintained and managed after completion.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan.

(23) No infiltration based sustainable drainage systems (including soakaways) shall be constructed on land affected by contamination.

Reason: To prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

(24) Notwithstanding the contents of the Flood Risk Assessment dated June 2016 by Evans Rivers and Coastal, the development shall not begin until full details of the property resistance and resilience measures has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority. The measures shall subsequently be implemented in accordance with the approved details.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 and ENV19 of the Luton Local Plan.

(25) Prior to commencement of development, a scheme setting out the details for monitoring the river culvert during and post construction, shall be submitted to and approved in writing by the Local Planning Authority. The measures shall subsequently be implemented in accordance with the approved details and retained thereafter in perpetuity.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan.

(26) Prior to commencement of development, a scheme setting out the details for monitoring the surface water culvert during and post construction, shall be submitted to and approved in writing by the Local Planning Authority, in conjunction with the Lead Local Flood Authority. The measures shall subsequently be implemented in accordance with the approved details and retained in perpetuity thereafter.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan.

(27) Prior to commencement of development, a full structural survey of the surface water culvert shall be undertaken. This should demonstrate the current state of the culvert (usually by CCTV) and demonstrate that the proposed development would result in no loading of the culvert.

Reason: To prevent the increased risk of flooding and to prevent pollution of the water environment. To accord with the objectives of Policy(ies) LP1 and ENV14 of the Luton Local Plan.

(28) Notwithstanding the submitted details, a detailed parking plan and strategy, setting out the allocation of parking spaces , shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development . The measures shall be implemented prior to the occupation of the development in full accordance with the approved details and shall be retained and maintained in perpetuity thereafter.

Reason: To ensure that adequate provision is made for vehicles to park clear of the highway in the interest of road safety. To accord with the objectives of Policy(ies) T3 of the Luton Local Plan.

(29) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) Operating hours No demolition, construction or contaminated land remediation activities, movement of traffic, or deliveries to and from the premises, shall occur other than within the hours agreed with the Local Planning Authority. Any proposed extension to these agreed hours, other than for emergency works, shall be agreed with the Local Planning Authority before work commences; (ii) the parking of vehicles of site operatives and visitors; (iii) loading and unloading of plant and materials; (iv) storage of plant and materials used in constructing the development; (v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (vi) wheel washing facilities; (vii) measures to control the emission of dust and dirt during construction; (viii) a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan.

REPORT

The Site and Surroundings

3. The application site measures approximately 0.24 hectares and is currently used for car sales, an MOT testing station and hand car wash facility. Prior to this the site was a former petrol filling station. A detached dwelling house is also provided within the south-eastern section of the site.

4. The site occupies a corner plot at the Icknield Way junction with Catsbrook Road, with the surrounding area generally being residential in character. The footpath at the Catsbrook Road/Icknield Way junction adopts a wide splay and this is reflected on the opposite corner of the junction. The existing buildings on the site are set back from the highway boundary and consist of a flat roof workshop that occupies a large proportion of the site. A large canopy is provided close to the frontage with Icknield Way, which forms a prominent addition to the street scene and is a reminder of the site’s former use as a petrol filling station. The car wash operation is undertaken within a lean to style structure constructed from timber and corrugated plastic sheeting. Large conifer trees line the boundary of the site with Catsbrook Road. Beyond the trees there is a detached two storey dwelling which is set back from the highway by approximately 23m and enclosed by a 1.8m high concrete wall.

5. Residential properties in Icknield Way and a garage block serving properties in St Olams Close adjoin the north-eastern boundary of the site. The south-eastern boundary of the site is adjoined by residential properties in St Olams Close. The south-western and north-western boundaries are adjoined by Catsbrook Road and Icknield Way, respectively. On the opposite side of Catsbrook Road is St Augustine’s Church and on the opposite side of Icknield Way are bungalows.

Relevant Planning History

6. There are numerous planning applications dating from 1979 to 2007 that relate to the current operations on the site. In 2015 a pre-application enquiry was submitted, which sought advice on the principle of a mixed use development comprising a mix of residential and retail uses. The applicant was advised that the principle of residential was likely to be acceptable but retail provision would fail to comply with relevant retail policies set out in the Luton Local Plan. Therefore this element was deemed to be unfavourable.

The Proposal

7. The proposal is an outline application for the development of land for residential purposes seeking to create a total of 21 residential units. At this stage approval is sought for access, appearance, layout and scale with landscaping being reserved for future approval.

8. The proposed scheme would provide 2 No. three bedroom dwelling houses in the form of a pair of semi-detached dwellings (referred to as Block A on the submitted details), along with two separate blocks (Block B and C) to provide 19 flats. Block B would provide a total of 14 flats consisting of 3 No. one bedrooms, 10 No. two bedrooms and 1 No. three bedroom flats. Block C would provide a total of 5 flats consisting of 3 No. one bedroom flats and 2 No. two bedroom flats. The proposal also seeks permission for the access from Catsbrook Road and associated bin and cycle storage.

Planning Policy

National Planning Policy Framework (NPPF)

9. The National Planning Policy Framework (NPPF) dated March 2012 sets out to rationalise national policy guidance and how the government’s planning policies are expected to be applied. The core principle of the Framework is a “presumption in favour of sustainable development”. However, this does not change the status of the development plan as the starting point for decision making. Planning law requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Framework is a material consideration in planning decisions and is referred to appropriately in the report.

10. Planning Authorities should approach decision taking in a positive way to foster the delivery of sustainable development and they should look for solutions rather than problems and decision-takers at every level should seek to approve applications for sustainable development where possible. Paragraphs 186 and 187 of the National Planning Policy Framework advise that, in dealing with applications, the Council should work in a positive and proactive way with the Applicant in order to focus on seeking solutions to issues arising from the development proposal. In this case, a meeting, phone discussions and numerous email exchanges have taken place with the agent to discuss alterations to the proposal. The original submission sought 24 residential units on the site and the central block (Block B) was to be provided to a height of 3 storeys. Having regard to the concerns raised by local residents (discussed in subsequent sections of the report) and following a detailed review of the submitted documents, the scheme has been reduced to 21 units and Block B has been reduced to 2.5 storeys in height. The LPA in conjunction with the Lead Local Flood Authority has also worked closely with the Environment Agency.

National Planning Practice Guidance

11. National Planning Practice Guidance (NPPG) should be used in support of the NPPF.

Luton Local Plan 2001-2011

12. The site is unallocated on the Proposals Map of the Luton Local Plan but the policies relevant to the proposal are LP1, ENV9, ENV10, ENV14, H2, H5, T3, T8, U3 and IMP1.

13. Policy LP1 sets out a sustainable development strategy.

14. Policy ENV9 deals with the design principles of new development and, amongst other things, expects new buildings to enhance the character and appearance of an area; respect existing landforms and natural features; respect the scale and proportion of existing buildings, building lines and heights within the street scene.

15. Policy ENV10 considers landscaping proposals for all new developments.

16. Policy ENV14 relates to the water environment and states that permission will not be granted if the development: would result in increased flood risk either on site or elsewhere; does no incorporate appropriate water conservation measures; would pose unacceptable risk of pollution to groundwater or surface water; would adverse effect the ecology of the River Lea; fails to facilitate the opening up of culverts along the River Lea or its tributaries, except where the scale of the scheme does not make this feasible.

17. Policy H2 [B] relates to the provision of additional dwellings within the Borough. It states that permission would be granted for housing on sites not allocated in this plan, provided that: the site is previously developed or underused land; there would be no unacceptable effect on the environment; and there is good access to local facilities and public transport. As part of the site is already in residential use then it is necessary to also consider Policy H2 [C] which supports additional residential units on existing residential land provided that the scheme is well sited in relation to surrounding buildings and would not be over- intensive development.

18. Policy H5 seeks a percentage of the proposed new units in all developments of 15 dwelling units or more being for affordable housing, subject to the circumstances of the site and any special development costs.

19. Policy T3 is concerned with the traffic implications of development. Permission will only be granted if the proposal would not exacerbate road congestion; cause safety problems; or be likely to cause demonstrable harm to the quality of the environment.

20. Policy T8 seeks new developments to encourage walking and cycling as part of their proposals.

21. Policy IMP1 seeks the provision of financial contributions made necessary by the development. It is now unlawful for a planning obligation to be taken into account when determining a planning application for a development that is capable of being charged CIL if the obligation does not meet all of the following tests:

• Necessary to make the development acceptable in planning terms • Directly related to the development, and • Fairly and reasonably related in scale and kind to the development.

22. In the context of this application the development is in a category to which Regulation 122 applies. The requirements for financial contributions towards infrastructure improvements are matters which, if the proposals were to be supported, would need to be secured through a planning obligation. This is a proportionate obligation that is considered to comply with the regulation and for which there is a clear policy basis either in the form of development plan policy or supplementary planning guidance.

23. Policy U3 seeks all proposals in totally 1,00sq.m or more in floorspace to incorporate renewable power generation equipment to provide at least 10% of the predicted energy requirements. The emerging Luton Local Plan 2011-2031

24. The emerging Local Plan has been submitted for examination, which is currently being heard. All being equal it is anticipated that the Plan would be adopted during the course of 2017. The policies contained within that Plan are afforded some weight in the decision making process, but the current Luton Local Plan 2001-2011 continues to form the predominant development plan for the Borough.

Equality Implications

25. No disproportionate effect on people with protected characteristics has been identified.

Consultation Responses

26. Lead Local Flood Authority: Requests that conditions be imposed on any permission that is granted. This request is discussed in subsequent sections of the report.

27. LBC Environmental Protection: Advises that the submitted Phase 1 report indicates that contamination may be present. Therefore conditions should be imposed on any permission that is granted, seeking a phase 2 intrusive soil investigation and if necessary a strategy for remediation, and submission of a Verification Report. .

28. LBC Housing: No response has been received. Any comments made will be reported at the Meeting.

29. LBC Highways: No response has been received. Any comments made will be reported at the Meeting.

30. LBC Museums: Has sought contributions towards improvements to Museum services within the Borough.

31. LBC Libraries: Has sought contributions towards improvements to Library services within the Borough.

32. LBC Education: Advises that the proposal would generate a pupil yield and contributions would be sought towards improvements to education facilities within the Borough.

33. LBC Parks: No response has been received. Any comments made will be reported at the Meeting.

34. LBC Public Health: No response has been received. Any comments made will be reported at the Meeting.

35. LBC Strategic Planning: Has provided strategic policy advice towards the natural environment and design implications of the proposed development.

36. LBC Waste Management: Advises that the development would require contributions to waste infrastructure associated with the development.

37. Thames Water: Satisfied with the proposal and have raised no issue with the Local Planning Authority imposing conditions relating to the surface water culvert.

38. Affinity Water: Site is located within a groundwater Source Protection Zone (SPZ). All construction work should be conducted in accordance with British Standards and Best Practices. If pollution is found then appropriate monitoring and remediation methods will need to be undertaken.

39. Police Architectural Liaison Officer: Has requested that conditions be imposed on any permission that is granted relating to details of boundary treatments and external lighting.

40. Environment Agency: Has advised that the amended Flood Risk Assessment (FRA) is considered acceptable. The proposed measures to ensure the stability of the culvert are deemed suitable. Groundwater contamination should be considered in context of the requirements of the NPPF and NPPG. Has requested the imposition of conditions and informatives should planning permission be granted.

41. Statutory Neighbour Consultation: 14 neighbours were notified by letter, site notices were posted at numerous locations close to the site and a press notice was posted. Four letters of representation have been received from local residents and the following issues have been raised:

• Proposed access would be sited opposite the Church car park access and this could lead to issues for users of the Church and hall; • Parking is based on one vehicle per apartment and this would lead to excessive roadside parking resulting in visibility issues for road users; • Obstruction of light into the Church due to the height of the apartments – the Church was designed and positioned to maximise light. Loss of light would negatively impact on the use of the worship space – a reduction in height would be more in keeping with the surrounding area; • Proposal represents over-development and is more reflective of a town centre development; • Insufficient parking will encourage on street parking, which is already a problem at weekends due to patrons at the local St Augustine’s Church and people undertaking sporting activities at the nearby playing fields; • Overlooking to No. 20, 21 and 22 St Olams Close; • Loss of light to No. 207 Icknield Road due to the scale of the development, which is not in keeping with the area; • Noise and disturbance; • Rear gardens of neighbour properties would be accessible from the car park serving the new development; • Noise and disturbance during demolition and construction phases.

42. Following the receipt of revised plans that demonstrated a reduction in the number of units to 21 and a reduction in the scale of Block B, neighbouring residents have been re-consulted and the following further comments have been received:

• Loss of trees that offer significant amenity value and provide a noise barrier and privacy; • Proposals represent an intrusion to peace and privacy; • The level of parking would fail to accord with the Local Plan requirements thereby leading to on street parking, particularly on Catsbrook Road – the result would be increased traffic congestion and highway safety issues; • The failure to provide disabled parking bays would be contrary to the Policy T4 of the Local Plan.

MAIN PLANNING CONSIDERATIONS

43. The main planning considerations relate to the principle of the development, affordable housing provision and potential infrastructure improvements made necessary by the development and scheme viability. The access, appearance, layout and scale are also key considerations, along with flooding and drainage matters. The landscaping proposals have been provided as indicative only and are reserved for future approval.

Principle of Development

44. The site is a brownfield site that is occupied by industrial type uses that are not considered to be compatible with the overarching character of the area, which is predominantly residential. In order for the proposed development to be acceptable as a matter of principle it would first have to comply with relevant local and national planning policies.

45. The starting point would be the National Planning Policy Framework (NPPF), which advises that all housing proposals should be considered in the context of the presumption in favour of sustainable development. Development of the site would represent a sustainable use of a brownfield site and would provide much needed residential units in the town. The housing needs are fully documented within the emerging Luton Local Plan, which based on the findings of the Luton and Central SHMA 2015 indicate that there is a need for family accommodation. The development would provide a mix of 1, 2 and 3 bedroom units, which would be broken down as follows: 29% 1 bedroom units, 57% 2 bedroom units and 14% 3 bedroom units. It is considered that the proposal would provide a suitable mix of unit types.

46. The principle of a housing development on the site has also been assessed against the policies within the Local Plan and in particular, Policy H2. The development would be in accordance with the objectives of this policy, which supports residential development on underused parcels of land and increased dwellings on existing residential land. The loss of the existing dwelling house is not considered an issue.

47. The loss of the industrial functions is not considered an issue in principle, particularly as the site has no allocation in the adopted or emerging Local Plan as an Employment Area. Replacement of these uses with more compatible residential provision is considered appropriate.

48. Overall the principle of development is considered acceptable as the proposal accords with relevant national and local planning policy.

Contributions and Affordable Housing

49. Policy H5 sets an indicative affordable housing target of up to 50% on all developments of 15 or more units. The Strategic Housing Market Assessment (SHMA) of 2010 and subsequent updates identify a continuing acute need for additional affordable homes within the Borough. An Affordable Housing Viability Study carried out by Three Dragons in April 2013 to assist in the development of the affordable housing policies of the emerging Local Plan identifies that a realistic affordable housing target for mixed tenure schemes is likely to be around 15-20%. Whilst this is not adopted policy, it gives an indication of the level of affordable housing that developments should realistically yield in the current financial climate, subject to the circumstances of the site.

50. In addition to affordable housing provision, financial contributions are sought in accordance with Policy IMP1 of the Local Plan and the SPD on Planning Obligations. Based on consultation responses that have been received, contributions have been sought for improvements to education, waste management, museum and libraries, which would mitigate the impact of the development.

51. An Affordable Housing Statement has been submitted, which indicates that no affordable housing can be supported due to the challenging finances of the development. The Statement further specifies that the proposed units would be delivered through the Help to Buy scheme, thereby adding a further element of affordability. Whilst noted this does not accord with policy requirements and subsequently the applicant has submitted a viability appraisal to demonstrate the financial position. This has been assessed by the Council’s Fixed Assets team. The initial conclusion reached in that appraisal was that the scheme, whilst not financially viable to support the provision of affordable housing, is sufficiently viable to meet the required S106 contributions. However, the applicant undertook further discussions with Fixed Assets due to some disagreement regarding the Benchmark Site Value. Eventually it was agreed that it would only be financially viable to provide a proportion of the required contributions. Negotiations were undertaken to seek an upturn in the level of contributions and off site contributions towards Affordable Housing. However, these proved ineffective and the applicant has made an offer to meet the waste contribution in full, and 31% of the requested education contribution. Notwithstanding this however, the application is not able to meet the requested Museum or Library contributions. Additionally, the applicant is not in a position to provide any affordable housing as part of the scheme.

52. The NPPF urges local planning authorities to deliver a wide choice of quality homes and create sustainable communities. The provision of financial contributions to offset the impact of development on local infrastructure is part of that objective. The NPPF nonetheless also advises that local planning authorities should be sufficiently flexible where viability affects development being delivered.

53. It is for Members to decide whether it is appropriate for the development to proceed without the provision of affordable housing and partly reduced contributions. In this regard it would be recommended that an ‘Overage’ clause be included in any S106 Agreement that needs to be completed in respect of the development. Such a clause would allow for a review of the development viability if, for instance, a period of 2 years lapses from the date of permission and works have not commenced. Any positive upturn would then present an opportunity for the Council to clawback a suitable sum of money in lieu of any on-site provision of Affordable Housing. Additionally, Fixed Assets have advised that the inclusion of a review mechanism based on the acquisition of the respective sites required for the delivery of the proposed scheme within an agreed timescale such that if the actual purchase price is lower than the assessed benchmark figure put forward by the applicant (to be deduced from the land registry records of the sale), the s106 contribution along with any commuted sum to have first call on the savings. The applicant agrees with these clauses to be enshrined in the s106.

Access

54. A singular vehicle access point would be provided directly from Catsbrook Road and this would lead to the residents parking area. The access would be provided in the form of an undercroft through Block C. Pedestrian access points would be provided from Icknield Way and Catsbrook Road. The existing site currently has 3 vehicle crossovers, two of which serve the industrial uses and the other serves the detached dwelling house. No comments have been received from LBC Highways regarding the proposed access arrangements; however, they were involved in discussions during the pre-application stage and raised no significant issues. Whilst the nature of the proposal has changed somewhat since then, the proposed access arrangements have remained unchanged and no issues were raised regarding this subject to a raised table being provided to offer better conditions for pedestrians.

Layout

55. The proposed buildings would be positioned much closer to the highway boundary than the existing buildings on the site but this is considered to be in keeping with the general character of the area. Block A would be sited adjacent to No. 207 Icknield Way but would be set back from the front elevation of No. 207 by approximately 4m. Block B would be positioned in a flank to flank arrangement adjacent to Block A, separated by a 1.2m wide pedestrian access. Block B would follow the angled nature of the periphery of the site thereby effectively turning the corner and having frontages on Icknield Way and Catsbrook Road. It would be set back from the highway boundary by between 3m to 5.5m. Block C would face onto Catsbrook Road and would be positioned adjacent to Block B in a flank to flank arrangement, again separated by a 1.2m wide pedestrian access. Block C would follow the building line of properties in St Olams Close.

56. The rear section of the site would be laid out with parking areas and the provision of shared and private amenity areas. A total of 25 parking spaces would be provided across the site. The 3 bedroom dwelling houses would have 2 parking spaces, with those provided for Unit 1 being accessible from Icknield Way only. The remaining parking spaces serving the development would be to the rear, generally positioned around the perimeter of the site. The ratio of parking would be 1.1 spaces per flat. Neighbouring residents have raised concern that the parking provision would be inadequate and would lead to future problems and fails to accord with the standards set out in the Luton Local Plan. These are maximum standards therefore scope exists for reduced parking provision to be provided. On balance it is considered that the level of parking would be satisfactory to ensure no adverse degree of overspill of parking to surrounding streets. A further issue has been raised by local residents regarding the absence of disabled parking bays and it has been suggested that the application should be refused on this basis as it would fail to comply with Policy T4. This Policy, however, no longer forms part of the statutory Luton Local Plan. In acknowledgement of this issue it is considered appropriate for a parking strategy and detailed plan to be submitted, by virtue of a planning condition, which sets out the parking allocations and provision of disabled parking bays.

57. The layout incorporates a dedicated bin storage area and cycle storage facilities for 11 cycles. This would be conveniently located for easy access by future occupiers.

58. Internally the dwelling houses (Block A) would be arranged over 3 floors, an open plan lounge/kitchen and dining area would be provided on the ground floor. The first floor would comprise of 2 bedrooms and a family bathroom, and a master bedroom with en-suite would be provided within the roof space. All habitable rooms would benefit from window openings to allow adequate daylight penetration and suitable outlook. Generally the dwellings would provide a spacious living environment.

59. The flats within Block B would be served by a communal corridor with access from the front and rear of the building. Internally the flats within each block would have shared living/kitchen facilities, bedrooms and bathrooms that would benefit from window openings to allow adequate daylight penetration and suitable outlook. Generally the flats would offer a spacious living environment.

60. Each of the first floor flats within Block B would be provided with a Juliet style balcony. An area of shared amenity space would be provided to the rear of Block B, the landscape details are indicative only but show areas of planting and seating areas for future residents. Each dwelling house would have a private amenity area that would be proportionate to the size of the dwelling. The ground floor units in Block C would benefit from the provision of an area of private amenity space.

61. The properties that would be most affected by the proposed development are those that are sited immediately adjacent to the application site. No. 207 Icknield Way adjoins the north western side of the application site, where Block A would be positioned with its flank elevation approximately 0.9m from the adjoining boundary. Concern has been raised that the proposed development would lead to loss of light to this property but given the proposed layout; it is not considered that any resultant impact would be so adverse to justify a refusal. Part of the side boundary of the rear garden to No. 207 would be adjoined by the proposed parking area. It is considered that enhanced landscaping along this boundary would be required, which would be addressed at reserved matters stage.

62. Rear gardens of No. 20, 21 and 22 St Olams Close adjoin the south eastern boundary of the site, which would be utilised as a parking area. The submitted details indicate that the boundary would be enhanced with the provision of landscaping to act as a buffer, the detail of which would again be addressed at reserved matters stage. Immediately to the rear of No. 22 St Olams Close, is where the bin/cycle store serving the proposed development would be sited. The flat roof design would reduce the visually intrusive nature of the structure and would minimise the resultant loss of light. Therefore it is not considered that the occupiers of No. 22 would be adversely affected.

63. No. 19 St Olams Close would adjoin the south eastern boundary of the site and Block C would be positioned adjacent to the flank boundary, with a distance of 2.8m being provided between the flank elevations. The single storey rear projection of Block C would project beyond the front elevation of No. 19 by approximately 3m but given the separation distance between the properties this is not considered to have an adverse impact in terms of loss of light or visual intrusion. The front elevation of Block C would generally follow the building line of No. 19. Loss of privacy has been raised as an issue by the occupier of No. 19. However the proposed relationship between the development and that adjoining property is such that the degree of overlooking would not be dissimilar to the overlooking that would exist between the existing dwellings.

64. The proposed layout would ensure that minimum spatial separation distances set within the Local Plan would be achieved or exceeded between the proposed development and the existing residential properties thereby ensuring that no adverse overlooking, loss of light or visual intrusion would occur.

Scale

65. In terms of scale, Block A and C would be 2.5 storeys in height, reaching 8.3m (approx.) to the ridge point, which is appropriate given the position adjacent to the existing 2 storey residential properties on Catsbrook Road and Icknield Way. Block B would also be 2.5 storeys in height but would be in the region of 9.5m (approx.) to the ridge, thereby sitting higher than the adjacent blocks and resulting in Block B being taller than the other residential buildings in the locality. The height of Block B is more in keeping with the scale of St Augustine’s Church away to the southwest, on the opposite corner of Catsbrook Road and Icknield Way. Corner plots often provide an opportunity for landmark buildings to be provided and it is considered that the proposed scale would be acceptable and appropriate in the surrounding context. Concerns raised by residents that the original proposal would be representative of a town centre scale development were noted and the scale of the building was subsequently reduced from 3 storeys to 2.5 storeys to ensure the proposal was more suited to the area, although it is noted that larger scale 3 storey buildings exist within the Icknield area, including the parade of shops at Birdsfoot Lane South and also Birdsfoot Lane North. The manner in which Block B turns the corner, along with the setback due to the width of the footpath, assists in reducing the street scene impact.

66. With regard to the footprint of the buildings, Block B would be the largest building on the site. It would extend rearwards by approximately 10.5m and its frontage on Icknield Way would be 8m in length, then 19m at the point where it turns the corner and 16m along its Catsbrook Road frontage. The remaining blocks (Blocks A and C) would be more modest in size with a footprint in the region of 9m by 10.6m for Block A and 11.7m by 16.5m for Block C. Having regard to the scale of the existing building on the site and the manner in which the mass of the blocks would be broken up by virtue of the design features, the proposed footprint of the buildings would not be considered an issue.

67. The surrounding residential units in Icknield Way are characterised by residential properties in the form of two storey semi-detached dwelling houses to the northwest of the site and semi-detached bungalows on the opposite side of the road. The bungalows sit marginally higher than the road due to a rise in levels in a north-western direction. The neighbouring residential dwellings adopt a simple design approach and follow a clear building line. Catsbrook Road is characterised by two storey terraced dwellings that face rearwards onto Catsbrook Road with the main frontages facing towards St Olams Close. St Augustine’s Church sited on the opposite side of Catsbrook Road adopts a dual pitched roof design with low lying eaves and glazed detailing on the elevation facing towards the application site.

68. Obstruction of light to the Church has been raised as a concern due to the proposed scale of the development. The response from the Vicarage at St Augustine’s Church highlights that the Church was designed to maximise light penetration and the proposal would adversely affect the function of the Church. A distance of 32m would be retained between the proposed development and the Church and is located to the north, which is favourable when considering the orientation of the sun path. Therefore it is not considered that the loss of light would be so significant to prejudice the function of the Church.

69. Overall it is considered that the proposal by virtue of its scale would represent a satisfactory addition to the street scene and replacement of the existing buildings would significantly enhance the character of the area.

Appearance

70. Block A and C would be finished in facing bricks with stone sills to the first floor windows and bay windows at ground floor. A tiled gable style roof would be provided with front dormers provided in the roof plane, which would adopt an arched detail finish. The central section of Block C is differentiated by a lower ridge height with an arched undercroft access to the rear parking area.

71. The bulk and mass of Block B would be broken up through the contrasting brick and render finish, further details of which would need to be secured by imposing an appropriate condition if minded to approve. Additional detail is provided in the form of brick soldier courses, Juliet style balconies and elongated windows at first floor level. Entrance points would be provided facing onto Icknield Way and Catsbrook Road, which adds additional interest to the appearance of the building and promotes activity to the front.

72. Each block would be provided with a gable style roof form that has an elongated rear roof slope. This does result in a marginally unbalanced appearance but it is considered necessary to enable living accommodation to be provided within the roofspace without the overall height of the roof being excessive and therefore out of keeping with the character of the area. This is not considered to have a detrimental impact on the overall design finish or subsequent street scene impact.

73. The perimeter of the site adjacent to Icknield Way and Catsbrook Road would be marked by a brick wall and piers with railings. No details have been provided relating to the rear boundary treatment so an appropriate condition would need to be imposed should an approval be granted.

74. The bin and cycle store would be provided in a flat roof brick building in the north eastern corner of the site, which would measure 2.2m in height. The simple design approach is considered acceptable.

75. Overall the intended appearance for the proposed development is considered acceptable.

Indicative Landscaping

76. The layout plan indicates that a degree of landscaping would be provided around the perimeter of the site adjacent to the boundary with Icknield Way and Catsbrook Road. Areas of defensible space, comprising of shrubs would be provided adjacent to the ground floor flats that look onto the public areas. This would provide a degree of privacy and prevent passers- by standing directly adjacent to the windows. As the landscaping is indicative only a suitable condition would be imposed regarding this aspect.

77. A neighbour objection has been received relating to the loss of trees along the south-eastern section of the site. Inevitably there would be a need for some trees to be removed in order for the development to come forward and it is noted that the existing trees do not benefit from a TPO. A condition would be imposed on any permission that is granted seeking a full survey and details of the existing trees on site in order to see if there is any scope to retain some, particularly those along the perimeter of the site.

Flooding and Drainage Matters

78. The site lies partially within Flood Zone 3a as defined by the Environment Agency Flood Map and therefore is considered to have a high probability of flooding. Additionally, part of the Catbrook tributary to the River Lea is culverted through the site from the north eastern boundary of the site through to the south eastern boundary where it is culverted under Catsbrook Road. The NPPF indicates that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas of high risk. An initial objection was received from the Environment Agency, raising concerns regarding the absence of a Flood Risk Assessment (FRA); the building over the watercourse, which would adversely affect the stability of the culvert thereby increasing the risk of flooding to the surrounding area; and the failure to restore the ecological value of the Cat Brook.

79. In order to address these objections, the applicant submitted an FRA and this was deemed suitable by the EA. With regard to opening up the culvert, it has been considered that owing to the measures to protect the culvert this aspect would no longer be pursued by the EA. Whilst this is an objective of Policy ENV14, it was not considered appropriate to impede the development by imposing this as opening up the culvert in this location would have limited benefits to the wider community due to its inaccessibility. In terms of protecting the culvert, the applicant undertook site surveys to accurately locate the position of the culvert and the results indicate that it is located beneath the undercroft access at Block C, therefore no ground level construction would be provided on it. The supporting details indicate that it would still be possible to undertake inspections of the culvert. On review of the revised details, the EA has removed its objection in regard to proximity and failure to restore the Cat Brook. No conditions have been requested but the EA agree with the applicant’s suggestion for culvert inspections to be undertaken yearly for the first 3 years then once every five years, however, they have indicated that this would be between the applicant and the LPA.

80. The EA has highlighted that the previous use of the site as a petrol filling station is a potential source for contamination. Whilst specific advice for the risks to controlled waters on the site has not been provided, it has been recommended to review the requirements of the NPPF and NPPG. The general comments made regarding contamination have also been highlighted by LBC Environmental Protection therefore appropriate conditions would be imposed on any permission that is granted.

81. In terms of surface water flood risk and the suggested drainage proposals, these are considered suitable by the Lead Local Flood Authority subject to numerous conditions to be imposed on any permission that is granted.

82. In addition to the river culvert there is a surface water culvert that passes adjacent to the western corner of the site within Icknield Way. Foundation details for Block B were provided and these have been reviewed accordingly by Structural Engineers at the Council. They are satisfied with the details and subsequently the Lead Local Flood Authority has advised that conditions should be imposed requiring a full structural survey and monitoring of the culvert during and post construction before commencement of works.

Other Matters

83. Noise has been raised as an issue by some residents, both in terms of the noise during construction and once the development is completed. In terms of construction noise this would be dealt with by alternative legislation. The resultant noise from the residential development is not considered to have an adverse impact and is likely to generate less noise than the existing uses on the site, thereby resulting in environmental improvements to the surrounding area.

CONCLUSIONS

84. The principle of developing the site for residential purposes is considered to be acceptable. The proposed access, scale, layout and appearance of the development are deemed satisfactory and would provide a suitable level and mix of residential units that would appropriately integrate with the site’s surroundings. The flood and drainage issues surrounding the site would be satisfactorily addressed by appropriate conditions being attached to any permission that is granted.

85. The main concern is the viability issues that have hampered the ability to provide affordable housing provision as part of the development and limited the scope for providing contributions to mitigate as best as possible the impact of the development on existing infrastructure. Notwithstanding this, in the circumstances and on the basis of the foregoing report, it is considered that planning permission be granted with the offer that has been made by the applicant.

LIST OF BACKGROUND PAPERS

LOCAL GOVERNMENT ACT 1972, SECTION 100D

86. Luton Local Plan 2001–2011

87. Emerging Luton Local Plan 2011-2031

88. National Planning Policy Framework

89. National Planning Practice Guidance 90. Planning Obligations Supplementary Planning Document (SPD)

DETERMINATION OF PLANNING APPLICATIONS

91. The Council is required in all cases where the Development Plan is relevant, to determine planning applications in accordance with policies in the Development Plan unless material considerations indicate otherwise.

HUMAN RIGHTS ACT 1998

92. The determination of the applications which are the subject of these reports is considered to involve the following human rights:-

1. Article 8: Right to respect for private and family life; and 2. Article 1 of the First Protocol: Protection of Property

93. The evaluation section of each report considers in detail the competing rights and interests involved in the application. Having had regard to those matters in the light of the Convention rights referred to above, it is considered that the recommendations in the reports are in accordance with the law, proportionate and balances the needs of the Applicant with the protection of the rights and freedoms of others in the public interest.

SECTION 17 CRIME AND DISORDER ACT 1998

94. In reaching the recommendations set out in each report, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area.

EQUALITY ACT 2010

95. In dealing with planning applications on this agenda and in reaching the recommendations set out in each report, proper consideration has been given to the duty imposed on the Council under the Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by that Act; to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Act are a person’s age, sex, gender assignment, sexual orientation, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief.