PLANNING AND REGULATORY COMMITTEE 8th November 2016 PLANNING APPLICATIONS FOR DETERMINATION Item 1: 07/16/0951/F Location: The Windmill 210A Windmill Lane Cheshunt Hertfordshire EN8 9AF Description: Development of a four storey building with commercial unit on ground floor and 5 no. residential flats on floors above Applicant: Ludgate Developments Ltd. Agent: DPA (London) Ltd Date Received: 24/08/2016 Date of Committee: 05/10/2016 Officer Contact: Colin Free Expiry Date: 19/10/2016 Ward Councillors: Cllr Carol Crump, Cllr Cody McCormick and Cllr Tony Siracusa RECOMMENDED: that planning permission be approved subject to the planning conditions set out at the end of this report. 1.0 CONSULTATIONS 1.1 HCC Flood Management Team – No objection EA – Referred application to Flood Risk Standing Advice HCC Highways – No objection Network Rail – No objection Environmental Health – No objection 2.0 PUBLICITY 2.1 The application was advertised by means of a site notice and 32 individual neighbouring letters – addresses comprise: 197, 199, 201, 203, 204, 205, 206, 207, 208, 209 & 211 Windmill Lane 29, 31, 33 & 35 Shalcross Drive Flats 1, 2, 3, 4, 5, 6, 7, 8 and 9 - 212 Windmill Lane Flats A, B, C and D – 208 Windmill Lane Flat, The Windmill, Windmill Lane Hazel Apartments Windmill Lane Station Cars Windmill Lane The Windmill 210 Windmill Lane A1 3.0 REPRESENTATIONS 3.1 Three responses have been received from neighbouring properties, all objecting. The reasons for objection raised are summarised as follows: Concerns that the retail unit would become an off licence – with associated anti- social behaviour issues There would be a loss of character through the demolition of the existing building There is an over proliferation of flatted developments in the local area Crossrail 2 will render the development redundant Resident windows overlook the fronts of properties opposite in Windmill Lane with associated loss of privacy issues Structure will deprive light from other local residences Overlooking and loss of light at the Windmill PH, including at flank window due to be re-instated in near future Overbearing effect on pub garden Potential effects to future residents from activities already occurring at public house Boundary dispute with site of Windmill Public House 4.0 RELEVANT LOCAL PLAN POLICIES 4.1 The following policies of the Borough of Broxbourne Local Plan Second Review 2001-2011 (adopted December 2005) apply: SUS17 Flood Risk Assessments SUS18 Surface Water Drainage H6 Protecting the Amenity of Existing Residential Areas H8 Design Quality of Development HD13 Design Principles T3 Transport and New Development T10 Cycling Provision T11 Car Parking 4.2 The policies of the emerging Local Plan are also of particular relevance, in particular: 4.3 CH1: Cheshunt Lakeside – which concerns site allocations for the proposed redevelopment of sites in Delamare Road and Windmill Lane. The application site is in close proximity to but outside the boundary of the designated land. 4.4 The Borough-Wide Supplementary Planning Guidance (SPG) (August 2004) (updated in 2013) is relevant in this case as it provides design guidance for all forms of development. 4.5 The National Planning Policy Framework (NPPF) 2012 also needs to be considered. The local planning policies listed above are generally considered to accord with the policies and principles of the NPPF. 4.6 The Interim Policy for Residential Car Parking Standards (approved February 2011) is a relevant consideration. A2 4.7 The Technical Housing Standards – nationally described space standards (March 2015) are also relevant. 5.0 LOCATION AND DESCRIPTION OF SITE 5.1 The site is located at the corner of Windmill Lane and Station Approach, immediately to the east of Cheshunt Rail Station. The current structure at the site is a single storey building which formerly housed an interior design and fittings company but more recently was a coffee shop. The unit currently appears to be standing vacant. To the south of the site is a four storey apartment block recently constructed on a former factory site and further to the south is the station car park. Members should note that the structure on the former factory site is currently subject to enforcement action, having not been constructed in accordance with the approved plans. To the east is the level crossing into the Lee Valley Park. Immediately adjacent to the site to the west is the Windmill Public House and opposite there is a row of residential dwellings (No’s 197-211 odd) and a Network Rail Maintenance Depot. A3 Aerial Image of Site Street View of Site 6.0 PROPOSAL 6.1 The application seeks full planning permission for the development of a four storey building with a commercial unit and car parking and service bays on the ground floor and five, two bedroomed flats on the floors above. A4 6.2 The proposed development would comprise a four storey building having an overall footprint of 227m2 and maximum dimensions 13.4m width and 18m depth. The ground floor would be made up of the shop space, of 18m2, the residential entrance and stairwell, parking for five vehicles with turning spaces, storage space for two 1.26m x 1m Eurobins and racking for six bicycles. The first and second floors would have identical layouts comprising of accommodation for two x two bedroom flats and the top floor would have a reduced floorspace with a roof terrace area and would accommodate a fifth two bedroom flat. Access to the parking area would be from Windmill Lane, via the existing crossover for the manufacturing unit currently in situ and the garage area would have a sliding security gate set 5m back from the edge of the footway and 7m back from the road. 6.3 The application is supported by a suite of documents comprising: Design and Access Statement Noise Risk Assessment Flood Risk Assessment 6.4 The applicant has not undertaken pre-application advice with the Local Planning Authority. 6.5 Following the comments made by representatives of the freeholders of the Windmill Public house site, the applicant was invited to re-address the site boundaries and layout. Subsequently amended designs were submitted and re-consultation undertaken. The amended designs form the basis of this report although confirmation of acceptance of the re-drawn boundary has yet to be received from the Windmill Public House. Indicative Illustration of the Proposed Front Elevation A5 Building below is the elevation for the adjacent 212 Windmill Lane forming part of the street scene elevation. 210A Proposed Elevations A6 Proposed Plans 7.0 RELEVANT PLANNING HISTORY 7.1 07/14/1130/O - Outline application for development of commercial unit and five residential flats Conditional Approval (01/04/2015) 7/264/1990 – Change of Use Shop/office to car rental - refused 7/115/1988 – Change of Use Newsagent to minicab office – refused 7/756/1987 – Single storey side extension to office & shop – conditional approval 8.0 APPRAISAL 8.1 The main issues for consideration in this case are as follows: i. Principle of development ii. Design, layout, and appearance; iii. Highways/Parking; iv. Impact to the amenity of neighbouring residential properties; v. Planning Obligations; vi. Other matters These matters will be appraised in turn, below. A7 Principle of Development 8.2 The principle of this development has already been established in the previously approved application for outline approval for this development. The accommodation and basic design and access remains largely unaltered from the approved scheme with most alterations comprising improvements to the cosmetic finish of the building and internal layout. Publication of the Draft Local Plan has not introduced any new policies or guidance which would give reason to reverse the previous decision. This proposal is compatible with the proposed allocation of the nearby site and could complement the development of that site. When considered against the policies of the adopted and emerging Local Plans, the proposed development is acceptable in principle. Design, layout and appearance 8.3 The accommodation and internal amenity provision for the residential accommodation of the development all comply with Council SPG and National Space Standards and the proposed apartments would provide adequate accommodation for future residents in close proximity to a significant commuter link in the Borough. The overall appearance of the building has been improved in this revised scheme from that previously approved by showing greater care and attention to finishing details and the materials proposed which would complement the surrounding vernacular of the locality. It is considered that the proposed building would enhance both the station entrance and the wider street scene. 8.4 Despite its lack of external amenity space it is considered that, owing to its close proximity to the Lea Valley Park and all of the facilities for leisure and recreation which are available there, the proposed development would be able to provide a good range and quality of opportunity for enjoyment of casual external amenity space. In terms of its scale, design and layout the development is considered to be compliant with all relevant existing Local Plan Policies and also those of the emerging Local Plan. Access and Car Parking 8.5 The provision of five spaces for private vehicles is considered adequate for the five dwellings proposed as the site is located within the Borough Accessibility Corridor and is next door to Cheshunt Station. The cycle storage is adequate and would facilitate leisure use of cycling facilities in the nearby Lea Valley Park. The gated access is considered appropriate for security purposes and is set sufficiently back from the highway to ensure that no hazard to highway safety would occur as a result of vehicles waiting for the gates to open. The parking and access provided for the proposed development is considered acceptable and it is considered that no hazard to public highway safety would be created.