Application Number: 08/00269/FUL

CONSTRUCTION OF 4 STOREY BUILDING FOR 9 APARTMENTS (4 X ONE BED, 4 X TWO BED, 1 X THREE BED) WITH ASSOCIATED PARKING

AT Land Off, Walker Avenue, Mill East

FOR Cooper Beard Estate Agency Ltd

Target: 15th April 2008

Ward: Wolverton Parish: Wolverton & Greenleys Town Council

Report Author/Case Officer: Richard Sakyi Contact Details: 01908 252509 [email protected]

Team Leader: Mike Bowley Contact Details: 01908 252610 [email protected]

1.0 SUMMARY (A brief explanation of what the application is about, what the main issues are and the officer's Recommendation to the Committee)

1.1 This application seeks full planning permission for the erection of 4 storey building for 9 apartments (4 x one bed, 4 x two bed, 1 x three bed) with associated car parking. The site comprises the area of land between the V5 Great Monk Street to the east, Walker Avenue to the west and High Park Drive to the south. It is a small site at 0.098 ha at the southern end of Walker Drive. The proposal is for a building with 9 apartments at a density of 92 dwellings per ha. The site is located within a designated employment area with suitable uses B1, B2 and B8 as identified in the Proposals Map of the Local Plan 2001 – 2011.

1.2 Main Issues

1) Whether the proposal adheres to development plan policy and national planning guidance. 2) Whether the layout, siting, density and design of the buildings would be acceptable. 3) Whether the access road would be acceptable and there would be adequate car parking provision to service the site. 4) Compliance with policy D4 Sustainable Construction measures. 5) Whether the proposal adheres to planning obligation for affordable housing.

RECOMMENDATION It is recommended that planning permission be refused for the reasons set out at the end of this report. 2.0 REASON FOR REPORTING APPLICATION TO COMMITTEE (Most planning applications are dealt with by the Chief Planning Officer under powers delegated by the Development Control Committee)

2.1 This application is being brought before the Committee as a departure from the Milton Keynes Local Plan 2001 – 2011.

3.0 INTRODUCTION (A brief description of the site and its surroundings)

3.1 The application site is located between the settlements of to the west and Wolverton to the east. The site has a frontage onto Great Monks Street to the east, Walker Avenue to the west and High Park Drive to the south. The site is approximately 0.093 hectare and was formally part of a larger site (Post Office Training College) with extant permission for the erection of a commercial unit (use classes B1 or D1) with associated parking and disabled facilities reference 07/00551OUT. Planning permission was granted for the erection of 9 houses on the land immediately to the north of the site reference 07/00550/FUL. At the time of the grant of that permission the site was within the ownership of Newton Survey and Development Limited. The current application relates to the southern section of the site, which is now in the ownership of Cooper Beard Estate Agency Ltd (applicant).

3.2 The site is narrow and roughly rectangular shape with a frontage to High Park Drive of approximately 19m and a depth of 53m to both Great Monks Street and Walker Avenue with footpaths to three sides. The ground level slopes steeply from the south to north of the site. The site lies within the Wolverton Framework Area and designated Employment Area as identified in the Proposals Map of the Milton Keynes Local Plan 2001 - 2011.

4.0 RELEVANT POLICIES (The most important policy considerations relating to this application)

4.1 The most important factor that the Committee must consider is the relevant planning policies. Firstly there are the Council's own planning policies, particularly the policies in the Adopted Local Plan, but including other policy documents such as Supplementary Planning Guidance (SPG). Relevant Government policy documents, such as Planning Policy Statements (PPS) or Planning Policy Guidance (PPG) and Circulars also need to be considered, along with Regional Plans and policies. Planning legislation requires that all planning decisions should be in line with the relevant policies.

4.2 The most relevant policies in the adopted Milton Keynes Local Plan (2001 - 2011) are:

D1: Impact of Development Proposals on Locality D2A: Urban Design Aspects of new Development D2: Design of Buildings D4: Sustainable Construction T3 & T4: Pedestrians and Cyclist T10: Traffic T15: Parking Provision H3 - H5: Affordable Housing H7: Housing on Unidentified Sites H8: Housing Density E1: Protection of Existing Employment Land NE3: Biodiversity and Geological Enhancement KS6: Wolverton Development Framework Area and Principles of Development P01, P02, P04 (Planning Obligations – General Policies)

Supplementary Planning Guidance/Documents

Wolverton West End Development Framework adopted September 2004 Parking Standards for Milton Keynes Adopted 2005 Sustainable Construction Guidance adopted April 2007 Supplementary planning Guidance Affordable Housing July 2007

National Policies

PPS1 – Delivering Sustainable Development PPS3 - Housing

5.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site – this may not include every planning application relating to this site, only those that have a bearing on this particular case)

The site was originally developed as a teacher training college for County Council. In the mid 1970's the Post Office purchased the site and used it as a residential training and conference centre.

Subsequently, permission was granted in 2003 reference 03/02146/FUL for a residential development consisting of 96 houses and 46 flats on the land to the west of the training/conference centre buildings and is currently constructed.

On 11.09.2007 planning permission was granted reference 07/00550/FUL for residential development comprising nine houses and associated parking on land immediately to the north of the site. At the time of the application this land formed part of a larger site which this current application relates to and was within the ownership of Newton Survey and Developments Limited.

On 30.11.2007 planning permission reference 07/00551/OUT was granted for erection of B1/D1 commercial unit with associated parking and disabled facilities which has not been implemented.

6.0 APPLICATION AS ORIGINALLY SUBMITTED (Details of the proposal as originally submitted)

6.1 This proposal seeks planning permission for the erection of four-storey building comprising 9 apartments with associated car parking on the site which currently has outline permission for a B1/D1 commercial unit. The building would comprise 4 x one-bedroom, 4 x two-bedroom and 1 x three-bedroom. Access to the building would be via Walker Avenue and a closed shared recycling and refuse storage building erected at the northern part of the site adjacent to the parking area. It is proposed to provide 15 parking spaces including one disabled space at the north of the site. The proposed building would have equally strong elevations different from each other. The building would incorporate three separate floor plates extending to 2, 3 and 4 floors with varying heights of ridge and eaves, which tapers to the north. The proposed external materials would provide a horizontal emphasis to the flats wrapped around a vertical uniting tower that is separated by the vertical glazing to the landing and circulation areas. The building would have a duo pitched roofs to reflect the existing buildings situated to the north and west of the site.

6.2 The applicant has provided additional information from Masons Lousada outlining the marketing of this site since 2003 when it was part of a larger development opportunity. This site is now the only part of the former Post Office Training College that has not been developed or acquired full planning approval. The information indicates that they have not received a serious inquiry for a land sale or pre-letting or pre-sale of any building constructed for an occupier. The site has been marketed since the outline consent in May 2007.

6.3 Other documentation included such as the MK Employment Survey May 2007 and a letter from Quadrant Estates indicate that there is very little demand for B1 employment use and that commercial development is not viable, and will not be so for the foreseeable future – especially bearing in mind the amount of available competition in the area. Further information from Mike Neville estate Agents indicates that the site is being actively sought by a number of housing associations and that there is a pressing need for affordable housing, which is most frequently supplied as part of open market housing approvals – with the slow down in completions and the delay in new sites coming forward, the target supply is not being met and the pent up demand not satisfied.

The application is accompanied by a Design and Access Statement, Noise Assessment of acoustic air and Sustainability Statement.

7.0 AMENDMENTS (Any changes that have been made to the application since it was originally submitted)

7.1 None

8.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received)

8.1 Wolverton and Greenleys Town Council

Commented that the Committee in principle supports the application but would wish to be consulted in the landscaping design for the proposed development. 8.2 Archaeologist

Commented that the immediate environs of the site have been demonstrated to contain significant prehistoric and later archaeological remains therefore no development shall take place until a programme of archaeological work in accordance with a written scheme of investigation has been submitted and approved in writing.

8.3 Chief Environmental Health Officer

Recommends that a condition be imposed requiring an assessment of ground conditions.

8.4 Senior Scientific Officer

Commented that the assessment has demonstrated that noise mitigation measures are required for habitable rooms that face onto Great Monks Street and are on the boundary with commercial premises. I therefore have no objection subject to the imposition of a condition requiring double glazed windows to all habitable rooms facing Great Monks Street.

8.5 Environment Agency

No representation received.

8.6 Highway officer – Development Control

No objections in principle, subject to receipt of revised plans showing the access amended to 4.8m wide with a 4m radius on each side and the kerb line amended so that the access and kerb line is at right angles to Walker Avenue. It is not clear from the plans whether the car park area will be level with Walker Avenue or it will slope up level with the rest of the site. It is a requirement that the first 5m from the carriageway into the site should not exceed a gradient of 1 in 14. The cycle store shows space for 10 bikes. However, one of the stands is blocking the access to two of the other stands. I do not consider that this is providing a usable facility at the standard of 1 space per dwelling.

8.7 Sustainable Development Officer

Commented that the updated Design and Access Statement clarifies that the development will be designed to the Code for Sustainable Home Level 4. The applicant has also provided Pre-Assessment Estimator tool confirming that the proposed development will be designed to achieve level 4 of the Code. Prior to the first use of the building/occupation of the first dwelling the developer shall submit a copy of a certificate confirming the achievement for the Code for Sustainable Homes Level 4 rating.

8.8 Urban Design Officer

The main entrance to the building should be from Walker Avenue rather than the car parking area. The entrance should provide a strong and visible feature on the south west elevation, both to aid legibility and add visual interest to the elevation. The cycle/bin store should be set back from the boundary behind the building line and the area of circulation to the west could be re-assigned to communal amenity space, if the main entrance was located on the elevation facing Walker Avenue.

The four storey element of the building should mark the corner of High Park Drive and Great Monks Street. Timber rail is more appropriate boundary treatment than a steel mesh fence. The car parking should be set back from the boundary to allow planting to be provided along the boundary.

8.9 Senior Landscape Architect

A width of 2 metres is required along the eastern boundary to allow suitable planting space to create landscape boundary coherence, against other adjacent development. The development proposals in places can’t achieve this. The southern boundary would be acceptable but the inclusion of the “patio” from the eastern building, omits space for planting and therefore must be omitted. The narrow planting area fronting visitor space 15 is about 600mm and too narrow to achieve good boundary planting. A minimum of 1.2m width is required.

8.10 Development Plans Manager

This site comprises the area of land between the V5 Great Monk Street to the east, Walker Avenue to the west and High Park Drive to the south. It is a small site at 0.098 ha at the southern end of Walker Drive. The proposal is for a building with 9 apartments at a density of 92 dwellings per ha. The developer is treating this site as a Gateway site on which there should be a landmark building.

The site has notation on the proposals map for employment purpose. Table E1 identifies suitable uses as B1 B2 B8 uses.

The applicant has provided material from Masons Lousada about the marketing of this site for dating back to 2003. They have not received a serious inquiry for a land sale or pre-letting or pre-sale of any building constructed for an occupier. Other documentation indicates little demand for B1 employment use.

In this case it is recommended that planning permission be granted for this residential development as an exception to policy EM1.

On the grounds that:-

1) The proposed site is small and irregularly shaped and seems better suited for housing than for employment development.

2) I am satisfied the proposed use will not significantly reduce the provision of local employment opportunities (policy EM1).

3) Given the relationship of the site to surrounding land uses; developing the site for housing as a southern extension to the development of housing land to the north is more compatible with the use of the adjoining land, than if the land were to be developed for employment uses (which it is physically separated from by Walker Avenue and High Park Drive).

4) Site has been marketed for employment use without success.

8.11 A letter of support has been received from the director of Quadrant Estates Limited on the grounds that: - in terms of alternative uses for the site, there is now a very clear over-supply of B1 accommodation in the area and in his view this market is saturated. In addition there are vacant and underused properties at Warren Farm and nearby sites such as Featherstone Road. A residential development therefore seems eminently sensible. The proposed development would provide a very distinctive and prominent gateway to the whole of Walker Avenue and would reflect the development that overlooks the Great Monks Street/Stratford Road roundabout.

8.12 Local Residents (No representations received)

The occupiers of the following properties were notified of the application: Unit 2, 3, 4, 7 and 50 - 60 High Park Drive Wolverton Mill East Unit 1 - 34 Walker Avenue, Wolverton Mill East The Headteacher Radcliffe School Aylesbury Street Neil Cartright, Bloor Homes, Stirling House

9.0 CONSIDERATIONS (The analysis of the issues which are critical, material, considerations and/or of greatest concern to objectors for the Committee to weigh up before making a decision)

9.1 Principle

The site is located on the southern side of Great Monks Street and lies within the Wolverton Framework Area in the adopted Milton Keynes Local Plan (2001 - 2011). The key policy relating to this is site is KS6 which states that any development proposals should comply with the following aims:

i. Support the regeneration of Wolverton Town Centre iii. Minimise the traffic impact of development and improve links between the area and the rest of the town. v. Improve leisure and recreational facilities within the West End Area. vi. Ensure a high quality of design vii. Increase the amount and range of housing available in Wolverton viii. Promote mixed-use development, consistent with the location of the area adjoining the town centre.

Proposals will be assessed against the Development Framework Plan proposed for the area, which will have the status of supplementary planning guidance.

Criteria ii, iv, ix are not relevant to this site and have been omitted above.

It is considered that the site could in principle be developed for residential purposes as proposed as an exception to policy EM1 for the reasons outlined in paragraph 8.10 of this report

9.2 Design

The site is an elongated shape with a triple frontage onto Great Monks Street, Walker Drive and High Park Drive. The Great Monks Street frontage has been identified as a key frontage in the Wolverton West End Development Framework. A public right of way passes between the site and Great Monks Street.

9.3 The layout shows a four-storey building comprising 9 apartments with associated car parking. Access to the building would be via Walker Avenue and a closed shared recycling and refuse storage building erected at the northern part of the site adjacent to the parking area. The proposed building would have equally strong elevations different from each other. The building would incorporate three separate floor plates extending to 2, 3 and 4 floors with varying heights of ridge and eaves, which tapers to the north. The proposed external materials would provide a horizontal emphasis to the flats wrapped around a vertical uniting tower that is separated by the vertical glazing to the landing and circulation areas. The building would have a duo pitched roofs to reflect the existing buildings situated to the north and west of the site.

9.4 The layout would appear to respond well to the existing development at Walker Avenue and High Park Drive with adequate spacing and separation distance between the building and the existing development and would not have any significant adverse impact on the amenities of the surrounding area. Overall, the development would provide adequate surveillance in and around the site and the car parking area to the north and would assist in minimising opportunities for crime and disorder. The design and layout would provide a visually positive frontage to Walker Avenue, High Park Drive and Great Monks Street and would relate well to its context and the character and appearance of the area.

9.5 Sustainability

The applicant has submitted Sustainable Home pre-assessment tool, which demonstrates that a rating of code 4 would be achieved and which would equate to an Eco homes rating of 'excellent'. The Council's Sustainable Development Officer is satisfied with the submission and confirms that a condition be imposed requiring the applicant to submit a copy of a certificate confirming the achievement for the Code for Sustainable Homes Level 4 rating prior to the first use of the building/occupation of the first dwelling.

9.6 Planning Obligation for Affordable Housing

Paragraph 2.2.2 of the Council's adopted Supplementary Planning Guidance on Affordable Housing states that: “There maybe occasions, where a housing proposal is smaller than the threshold, when the Council will seek to enter into negotiations with and encourage developers to provide affordable housing. This will be in situations where in the Council’s opinion a site could legitimately be seen as part of a wider area that could be developed for sufficient dwellings to take it over the threshold.”

9.7 Under the previous application on the adjoining area of land for nine dwellings financial contributions were not sought towards deficiencies in infrastructure, community facilities and public art because the development was below the threshold. This site should be considered to be an extension of the adjacent site where houses are currently under construction. If treated as a stand alone site the numbers have been reduced below the threshold for which the adopted Supplementary Planning Guidance could be applied. Nevertheless, it is considered that an element of affordable housing should be sought on the basis that the total number of dwellings, including the site immediately to the north which was previously under a single ownership, exceeds the threshold of 15 above which affordable housing should be included and therefore it is considered that this application should be assessed on this basis

9.8 The applicant’s agent has stated that his client has recently acquired the site and it would be unfair for the Council to insist on the provision of affordable housing since the current proposal is individually below the threshold. He has further stated that Aragon Housing Association is interested in acquiring the site which would result in the development becoming social-rented apartments in any case.

9.9 However, taking into account the proposal is for an exception to an employment policy, it is considered that a strict line should be taken on this issue. Rather than retrospectively applying the 30% ratio to the overall numbers on the combined sites it would be appropriate to request that 3 of the current 9 dwellings be secured as affordable housing by legal agreement.

9.10 The applicant has however declined a request to enter into such an agreement on the basis that in their view this site cannot be linked with Bloor’s adjoining site because it is now in entirely separate ownership and according to the applicants Bloor have no interest in buying it. As a totally independent site, say the applicants, nine units is below the council’s stated social housing threshold. The applicant’s agents also states that due partly to the fact that no private house-builders will buy development land at the moment, there is a strong likelihood that the whole of this development will be sold to a Housing Association and my client is presently in detailed discussions to this end. However, if the past 18 months have shown anything, it is that circumstances can very rapidly change. If interest from HAs evaporates, my client cannot be left with a single block of nine apartments, three of which are restricted to social housing use. It will simply blight the whole development from both a social and private perspective and make any consent worthless.

9.11 There is evidence that appeal inspectors accept the argument that it is not the ownership of land which is the critical factor in cases of this sort where a larger side is subsequently sub-divided into different ownerships and that thresholds should be calculated and applied on the basis of the overall site and not each parcel of land which may be in separate ownerships.

9.12 Highway Issues

The highway officer has raised no objection in terms of highway issues but has requested revised plans showing the access amended to 4.8m wide with a 4m radius on each side and the kerb line amended so that the access and kerb line is at right angles to Walker Avenue. It is a requirement that the first 5m from the carriageway into the site should not exceed a gradient of 1 in 14. The cycle store shows space for 10 bikes. However, one of the stands is blocking the access to two of the other stands and therefore would fail to provide a usable facility at the standard of 1 space per dwelling.

9.13 Noise From Great Monks Street

The applicant has submitted a Noise Assessment prepared by Acoustic Air which demonstrates that some mitigation would be required to the bedrooms and living room windows fronting onto Great Monks Street. The Council's Senior Environmental Health Officer agrees with the findings in the submitted noise report and requests that a condition is imposed requiring details of a sound insulation scheme to be provided for the dwellings fronting onto Great Monks Street.

10.0 CONCLUSIONS (The officer advice to the Development Control Committee on the appropriate decision, based on the policies of the Development Plan, taking into account the issues detailed in the report)

10.1 The proposal is for a building with 9 apartments at a density of 92 dwellings per ha. The developer is treating this site as a Gateway site on which there should be a landmark building. The site has notation on the proposals map for employment purpose suitable for B1 B2 B8 uses.

10.2 The applicant has provided sufficient justification in respect of the marketing of this site as far back to 2003 indicating that they have not received a serious inquiry for a land sale or pre-letting or pre-sale of any building constructed for an occupier. Other documentation indicates little demand for B1 employment use. In principle allowing the site to be developed for residential purposes as an exception to policy EM1 is considered acceptable. 10.3 However, taking into account the proposal is for an exception to an employment policy, it is considered that a strict line should be taken on the affordable housing issue. Rather than retrospectively applying the 30% ratio to the overall numbers on the combined sites, it is considered appropriate in the circumstances to require that 3 of the current 9 dwellings be secured as affordable housing by legal agreement. The applicant has however declined a request to enter into such an agreement. The recommendation is therefore that planning permission be refused for the reason stated below.

11.0 REASONS FOR REFUSAL

The applicant has not demonstrated that the development would make adequate provision towards deficiencies in affordable housing as a direct result of the development. The proposal therefore fails to comply with policies P01, P02, H3, H4 and H5 of the Milton Keynes Local Plan 2001 - 2011 and Supplementary Planning Guidance on Affordable Housing.