DEVELOPMENT PLAN Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that “where in making any determination under the planning Acts, regard is to be had to the development plan; the determination shall be made in accordance with the plan unless material consideration indicates otherwise. Unitary Development Plan - current status The Unitary Development Plan for Sunderland was adopted on 7th September 1998. In the report on each application specific reference will be made to those policies and proposals, which are particularly relevant to the application site and proposal. The UDP also includes a number of city wide and strategic policies and objectives, which when appropriate will be identified. STANDARD CONDITIONS Sections 91 and 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 require that any planning application which is granted either full or outline planning permission shall include a condition, which limits its duration. SITE PLANS The site plans included in each report are illustrative only. PUBLICITY/CONSULTATIONS The reports identify if site notices, press notices and/or neighbour notification have been undertaken. In all cases the consultations and publicity have been carried out in accordance with Town and Country Planning (Development Management Procedure) (England) Order 2010. LOCAL GOVERNMENT ACT 1972 – ACCESS TO INFORMATION The background papers material to the reports included on this agenda are: • The application and supporting reports and information; • Responses from consultees; • Representations received; • Correspondence between the applicant and/or their agent and the Local Planning Authority; • Correspondence between objectors and the Local Planning Authority; • Minutes of relevant meetings between interested parties and the Local Planning Authority; • Reports and advice by specialist consultants employed by the Local Planning Authority; • Other relevant reports. Please note that not all of the reports will include background papers in every category and that the background papers will exclude any documents containing exempt or confidential information as defined by the Act. These reports are held on the relevant application file and are available for inspection during normal office hours at the Office of the Chief Executive in the Civic Centre or via the internet at www.sunderland.gov.uk/online-applications/ Janet Johnson Deputy Chief Executive. 1. Houghton Reference No.: 10/02874/VAR Variation of Condition Proposal: Variation of condition No. 28 (list of approved plans) attached to planning application 06/02209/FUL (Murton Lane Residential Development) to allow repositioning of garage blocks to the rear of plots 1 and 2 and associated alterations to rear parking court Location: Land North Of Murton Lane Easington Lane Houghton-Le- Spring Ward: Hetton Applicant: Taylor Wimpey NE LTD Date Valid: 7 September 2010 Target Date: 7 December 2010 Location Plan 'This map is based upon the Ordnance Survey material with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence No. 100018385. Date 2009. PROPOSAL: The proposal being considered is an application to vary condition no 28 of planning application 06/02209/FUL. Members may recall that this application was considered at the Development Control (Hetton Houghton and Washington) sub committee held on the 6 February 2007 wherein Members resolved to approve the application, subject to the completion of a Section 106 legal agreement. The condition in question, no. 28, relates to the list of approved plans, which the developer seeks to change in order to enable a minor alteration of the site layout. The area in question that is proposed to be altered comprises of the parking court to the rear of plots no’s 1 – 7 on phase I of the Taylor-Wimpey portion of the site. This first phase lies in the south-eastern corner of the site, adjacent to where the new roundabout is currently being constructed, which will enable access to the wider Murton Lane site, once complete. The changes proposed to the parking court involve the following:- • The relocation of rear garages for plot no’s 2 and 3 (to what was previously part of the rear garden of plot no. 1). • The lengthening of the turning head of the parking courts (Facilitated by the repositioning of the garages to plot no’s 2 and 3). • The reduction in size of the rear garden to plot no. 1 (as a result of the repositioning of the garages to plot no’s 2 and 3). Whilst these changes are relatively minor in detail, it should be noted that what is being applied for is essentially an additional planning permission, that will effectively replace the consent already issued the site. With this in mind, Members should note that this application to vary condition no 28 has already been considered by the committee at the Development Control (Hetton Houghton and Washington) Sub Committee held on 05 October 2010, where Members resolved to APPROVE the application. Since that meeting it has, however become apparent that due to an administrative error, the application was not publicised as a “Major” development. As a consequence, it has been necessary to re-consult accordingly, with press and site notices and to re-present the matter to Members. Site Description The site, extending to approximately 15.3 hectares, is situated on the eastern edge of Easington Lane and to the north of Murton Lane. Whilst formerly in agricultural use, active farming of the land ceased over 10 years ago. The majority of the site is now vacant and unused and suffers from the typical range of urban fringe problems including trespassers, dog walking, use by motor cycles and grazing by tethered ponies. The surrounding area is predominantly residential in form and character. It comprises a mix of private and public sector housing and a number of recent housing developments by Barratt Homes, Broseley Homes and Durham Estates. To the south of the site and south of Murton Lane is the site of the new Easington Lane Primary School. The A182 Easington High Street / Pemberton Bank running through the centre of Easington Lane is less than 400m from the centre of the application site. TYPE OF PUBLICITY: Neighbour Notifications Site Notice Press Notice CONSULTEES: Hetton Town Council Executive Director of City Services (Transportation) Final Date for Receipt of Representations: 09.12.2010 REPRESENTATIONS: Neighbours:- To date, no responses received as a result of the notification exercise. Consultees:- Executive Director of City Services (Transportation) No further observations – The scheme has been revised according to the advice given, resulting in the provision of an acceptable amount of parking spaces. POLICIES: In the Unitary Development Plan the site is subject to the following policies; HA_1_Retention and improvement of established industrial / business areas HA_4_Sites for new housing HA_12_Improvements in amenity open space provision H_5_Distribution of sites for new housing (over 10 units) H_7_Provision for executive housing H_10_Phasing of large housing developments CN_7_Measures to protect/ enhance the urban fringe CN_12_Recreation facilities in rural areas CN_14_Landscaping schemes and developments prominent from main transport routes CN_15_Creation of the Great North Forest CN_16_Retention and enhancement of existing woodlands, tree belts and hedgerows CN_18_Promotion of nature conservation (general) CN_23_Measures to conserve/ improve wildlife corridors L_1_General provision of recreational and leisure facilities L_4_Standards for outdoor sport and recreation L_5_Ensuring the availability of Public Parks and amenity open space L_6_Development of a hierarchy of playspace provision for children R_1_Working towards environmentally sustainable development B_2_Scale, massing layout and setting of new developments R_3_Infrastructure provision, etc. in association with developments R_4_Incorporation of energy saving measures T_2_Promote the role of public transport, improving quality, attractiveness and range T_8_The needs of pedestrians will be given a high priority throughout the city. T_9_Specific provision will be made for cyclists on existing/new roads and off road T_10_Protect footpaths; identify new ones & adapt some as multi-user routes T_14_Accessibility of new developments, need to avoid congestion and safety problems arising T_22_Parking standards in new developments Supplementary Planning Guidance contained within the Easington Lane Development Framework (February 2005) together with guidance contained within PPS3 (Housing) is also relevant to the consideration of this planning application. COMMENTS: The key issues to consider in relation to the application are:- • The principle of Development. • The impact upon neighbouring properties. • Highways Implications. The Principle of Development. This application has been assessed on the basis that consent has already been granted for the redevelopment of the site and that this application has only occurred as a result of the applicant seeking to alter the layout of a parking court and reposition garages. In land use terms therefore, Policies B2 and H4 of the Unitary Development Plan (UDP) apply. Policy B2 of the UDP requires that the scale massing layout or setting of new developments should respect and enhance the best qualities of nearby