AGENDA ITEM Development Control Committee 20 July 2010 JJ1 S10/0364/MJRR Target Decision Date: 29-Apr-2010 Applicant E Bowman & Sons Limited E Bowman & Sons Ltd, Cherryholt Road, Stamford, Stamford, Lincolnshire, PE9 2ER Agent Wythe Holland Partnership LLP Unit 6, Messenger Centre, Crown Lane, Tinwell, Stamford, PE9 3UF Proposal Erection of 45 dwellings (Approval of Reserved Matters) Location Land And Premises Of E Bowman & Sons, Cherryholt Road, Stamford App Type Major RM (Residential) Parish(es) Stamford REPORT Members will recall that this application was considered at your last meeting on 22 June 2010. Members had concerns about the potential impact of the development, particularly on the amenities of some local residents. The application was deferred to allow for negotiations to be held with the developer with the aim of securing an amended scheme to address those concerns. The applicants’ agent however has advised that, “after due consideration we wish the above application to be presented to the next Planning Committee (sic) meeting in July 2010 without amendment”. The agent further advises that, “we were extremely disappointed with the behaviour of some Councillors and to this end will present a letter in support of the application.” The letter referred to is attached as an appendix to this report. The following report is identical to that presented to the last meeting amended to incorporate some minor amendments arising at the late item stage. Members are reminded that there is a valid, extant outline planning permission in place for the residential development of this site. This was granted in March 2008 and was the subject of a Section 106 agreement. The application under consideration is for the approval of reserved matters. It is therefore not possible, in law, to consider, or reconsider, matters of principle such as the suitability of the site for residential development, or flooding issues, or the terms of the agreed Section 106 agreement. Application Category This application is categorised as a major application. 1 Reason for Referral to Committee The application has been reported to the Development Control Committee as it is a major application The Proposal This is a reserved matters application for residential development of land off Cherryholt Road, Stamford. The application proposes the erection of 45 dwellings comprising a mix of two and three storey town houses and flats. The proposed development would have two main access points onto Cherryholt Road, one located towards the northern end of the site and one located at the southern end. The applicants have suggested a limited palette of building materials and window styles to provide an overall unity to the scheme. The walls are proposed to be natural stone, lime rendered or brick with featured areas of cut stone blocks. The roofs are either artificial Collyweston slate or pantile. The application site and its surroundings The application site measures approximately 0.74ha and is currently a stonemasons premises located on the eastern side of Cherryholt Road. The site is located in a mixed use area with some residential, commercial and industrial premises and an electricity substation on the opposite side of the road. There are further commercial premises at the southern end of the road, adjacent to the river. To the south and east of the site lies pasture land. To the north, on higher ground, are residential properties, one fronting Cherryholt Road and the remainder on Priory Road. The site currently comprises a mixture of office and industrial style buildings constructed from a variety of materials including brick, timber and concrete blockwork. The unbuilt areas of the site are used for storage and vehicular parking and manoeuvring. Site History In March 2008 outline planning permission S06/0439 was granted for the residential development of the site. The application was approved subject to a Section 106 Agreement seeking contributions towards affordable housing provision, open space and highways contributions. Representations Received Environment Agency: No objections 2 Environmental Protection: No objections subject to contamination report being submitted in accordance with condition 5 of the outline planning consent. Stamford Town Council: “The Committee is gravely concerned that Policy EN1 may be compromised as a result of the traffic impact to the site junction which is narrow and exceptionally busy road. In view of this consultation with LCC Highways Authority is requested. It is recognised that the site is suitable for residential development but the proposed volume is excessive and it is strongly considered a reduction to 35 or less mixed dwellings would be preferable. It is considered there would be major impact on residents on Priory Road and neighbours’ amenities should not be compromised. It is noted that there appears no Sec. 106 agreement in Place. It is requested that any money from such agreement is used for the construction of a highway, footway and cycle path across both the river Welland and the railway, which will allow access from Barnack Road and Cherryholt Road to relieve traffic pressure”. English Heritage: No objections Leisure Officer: No objections to the proposed open space provision. Highway Authority: No objections subject to the recommended conditions being imposed. The Local Highway Engineer has advised that the £30,000 S106 contributions from the outline application will be used to provide parking restrictions along Cherryholt Road. Representations as a result of publicity The application has been advertised in accordance with the Council’s adopted Statement of Community Involvement and 11 letters of objection have been received. The comments can be summarised as follows: 1. Concerns re access and parking provision along Cherryholt Road. 2. Concerns relating to increase in traffic to area. 3. Loss of privacy / overlooking. 4. Concerns relating to noise and disruption during construction. 5. Concerns that additional on-street parking would have a detrimental impact on the operation of nearby local businesses. 6. Dominant and oppressive impact on existing dwellings in Cherryholt Road. 7. Loss of light / overshadowing. 8. This area is mainly industrial and should remain so. 9. Double yellow lines should be put along Cherryholt Road. Policy Considerations National Planning Guidance PPS1 – Delivering Sustainable Development PPS3 – Housing PPS5 – Planning for the Historic Environment 3 PPG 13 – Transport PPS23 – Planning and Pollution Control PPG25 – Development and Flood Risk East Midlands Regional Plan 2009 Policy 1 Regional Core Objectives Policy 2 Promoting Better Design Policy 26 Protecting and Enhancing the Region’s Natural and Cultural Heritage Policy 27 Regional Priorities for the Historic Environment Policy 48 Regional Car Parking Standards Saved Policies of the South Kesteven Local Plan Policy EN1 Protection and Enhancement of the Environment Policy H6 Housing Development Policy E11 – Safeguarding Industrial Sites Key Issues Impact on residential amenity Impact on highway safety Parking provision Impact on the character and appearance of the adjacent Conservation Area Officer Evaluation Outline planning consent was granted for the redevelopment of the application site for residential development in March 2008. The principle of residential development of this areas has therefore already been accepted. This application seeks reserved matters approval for the specific details relating to access, appearance, layout, scale, and landscaping. The site currently has three access points on to Cherryholt Road. The application proposes to have one access serving the main courtyard area located towards the north of the site and a second access towards the southern end of the site. 74 off-street parking spaces would be provided. The local highway authority has been consulted and raised no objections to the access and parking arrangements. In addition to the suggested conditions the developer is required under the existing S106 Agreement to pay £30,000 towards highway improvements in the area. The highway authority has advised that these improvements will include parking restrictions being put in along Cherryholt Road in order to improve access in the area. The proposed development has been set out such that the residential amenities of the existing properties will be preserved and there will not be any significant loss of privacy or overlooking. The proposed separation distances will also ensure that the buildings do not appear overbearing or out of scale and character with other properties in the area. The developer has also made use of the levels changes across the site in order to further 4 minimise the impact of the development. Where the properties on Priory Road back on to the proposed development two storey dwellings are proposed in order to reduce the impact of the development. The proposed three storey block of flats located towards the southern end of the site (units 35-40) will have some impact on the residential amenities of the proposed occupiers of plots 41, 42 and 33, 34 due to its overall scale and the close proximity of the adjacent proposed dwellings. The block of flats has been designed to be a focal point at the end of the site and form an end stop adjacent to the open space provision. Although the block of flats will be a dominating feature at the southern end of the site it is considered that anyone purchasing one of the units will be aware of the situation. Furthermore the adjacent affected dwellings would not be particularly overshadowed as the gardens would get most of the midday sun given the site layout. The arrangement is therefore on balance acceptable considered to be acceptable. Most of the proposed development comprises a mix of two and three storey town houses and flats. The proposed dwellings have a traditional appearance which is reflective of other buildings in the surrounding area. A mixture of natural stone and brick is proposed for the elevations with either artificial Collyweston slate or pantiles for the roofing materials. Overall it is considered that the development would preserve and enhance the appearance of the area and the adjacent Conservation Area.