25 Clarry Drive, Sutton Coldfield, Birmingham, B74 2QT

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1 Committee Date: 04/09/2014 Application Number: 2014/02480/PA Accepted: 09/04/2014 Application Type: Full Planning Target Date: 04/06/2014 Ward: Sutton Four Oaks 25 Clarry Drive, Sutton Coldfield, Birmingham, B74 2QT Demolition of existing dwelling and erection of 2 dwelling houses with new vehicular access points and associated ground works Applicant: Agent: Recommendation Approve Subject To Conditions Mr and Mrs A Louka c/o Agent CT Planning Ltd Trafalgar House, 20a Market Street, Lichfield, Staffs, WS13 6LH 1. Proposal 1.1. This application is for the demolition of the existing bungalow (known as Nathan s Spinney) and erection of 2 detached dwelling houses (indicated as Unit 1 and Unit 2) with basement double garages, new vehicular access points and associated ground works Unit 1 would be positioned over part of the footprint of the existing bungalow and Unit 2 would be sited to the south in the side garden. Both dwellings would front Clarry Drive and would be set back between 6 and 10 metres from the highway. They would be sited away from the side boundaries to ensure a gap of 6.5 metres is retained to the boundary with 23 Clarry Drive and 9.5 metres to the boundary with 12 Stoneleigh Close The proposed houses would be two-storeys high and Unit 2 would include rooms within the roof space. The houses would have a traditional design but have individuality through minor variations in the building form and height, architectural detail and materials The internal layout of the houses would comprise a hallway, living room, dining room, family room, WC and kitchen on the ground floor. At first floor there would be four bedrooms (two with en-suites) and a bathroom and within the roof space of Unit 2 there would be a fifth bedroom, storage area and a play room. Both dwellings would have a basement level comprising a double garage and utility room. Unit 1 would also have a storage cupboard in the basement and Unit 2 would have a study room in the basement. Amended plans have been received that reposition the first floor bathroom to the rear of Unit 2 and indicate that all rear facing first floor windows in Unit 2 would be fitted with obscure glazing to prevent overlooking of the adjoining rear garden at 7 Parklands Drive. All bedrooms and garden sizes would comply with the minimum guidelines set out in Places for Living SPG. Page 1 of 11

2 1.5. The parking provision would be 200% for each dwelling with two parking spaces provided within the basement double garages. Two new access points would be provided adjacent to each other and the existing access point would be reinstated A revised Arboricultural Survey Report has been submitted following comments from my Tree Officer which confirms that no trees would need to be removed to facilitate this development and an amended site layout plan has been submitted that shows 2 new trees and a hedgerow within the front gardens of the proposed dwelling houses Site Area: 0.17 hectares Density: 12 dwellings per hectare The application has been submitted with a Planning Statement, Design and Access Statement, a Bat and Bird Survey and a revised Arboricultural Survey Report/Method Statement Front Elevations of Unit 1 and Unit Proposed Site Layout Proposed Development and Existing Pattern of Development 2. Site & Surroundings 2.1. The application site relates to Nathans Spinney, a 1970 s bungalow with an integral garage. The ground level of the site rises significantly from Clarry Drive (139.74) to the rear of the site (143.72) and the site contains a number of mature trees including trees covered by a tree preservation order (TPO 1086). The site is located on the east side of Clarry Drive, which is a private road and can only be accessed through Four Oaks Estate. The site is not located within a Conservation Area. The site is 132 metres to the west of Four Oaks Conservation Area and 50 metres to the east of Sutton Park The surrounding area is predominantly residential in character and comprises detached two-storey dwelling houses and bungalows. The site has relatively poor accessibility to public transport services Site Location 3. Planning History 3.1. There is no related planning history for the application site. 4. Consultation/PP Responses 4.1. Ward Councillors, M.P, Residents Associations and adjoining occupiers were notified Harveys Estate Agents (Adviser to the Four Oaks Estate) Objects to the proposed development on the grounds that it would result in an over-intensive development and recommends only one dwelling for the application site letters of objection received from nearby residents expressing the following: - Loss of privacy/overlooking. Page 2 of 11

3 - Loss of light to adjoining residential properties including their solar panels. - Over bearing impact on neighbouring properties. - Houses are not architecturally in keeping with the surrounding dwellings. - Over development. - Contravention of the Four Oaks Conservation Area requirement for each property plot to be a minimum of one-third of an acre, as the total area of the application site is approximately acres. - The other properties in the immediate vicinity have a restricted ridge height and the proposed properties would be substantially taller, thereby impinging on neighbouring properties views of Sutton Park. - Front and rear gardens are very small for the proposed large family houses and consequently this would impact where youngsters can play. The road at the front should not be a substitute where ball games are played as this would have a detrimental impact on neighbours. - The drawings are inadequate and do not show the surrounding context. - The road is narrow and would not accommodate any large vehicles nor the level of traffic required for the construction works. - The level of traffic and parking required by construction workers would obstruct access to nearby houses. - The access to the road from the proposed driveways would be dangerous as the road fronting the site is narrow, well used and on a bend. Previously Nathan's Spinney was in a cul de sac and was not a through road to Stoneleigh Close. - Recent tree works at the site resulted in debris, leaves, wood chips and dust encroaching onto nearby houses and this development would result in the same impact on nearby houses, and potentially be detrimental to the appearance and upkeep of nearby houses. - Noise from construction works. - De-value adjoining residential properties Regulatory Services No objection Transportation Development No objection subject to conditions to ensure the vehicular access point is constructed to BCC appropriate standards and appropriate pedestrian visibility splays are maintained at both access points. It is noted that the height of the proposed hedgerow to the front boundary would need to ensure appropriate visibility splays West Midlands Police No objection but recommends that this proposal is developed to enhanced security standards produced by Police Crime Reduction initiative 'Secured by Design' West Midlands Fire Service No objection Severn Trent Water No objections to the proposals subject to suitable drainage of the site. It is advised that there is a public sewer located within the application site. 5. Policy Context 5.1. Birmingham Unitary Development Plan (UDP) 2005, Draft Birmingham Development Plan (BDP), Mature Suburbs SPD, Places for Living SPG, Car Parking Guidelines Page 3 of 11

4 SPD, the 45 Degree Code SPD, National Planning Policy Framework (NPPF) 2012, Planning Practice Guideline and TPO Planning Considerations 6.1. Policy Context and Principle of Development 6.2. The adopted UDP 2005 resists proposals that would have an adverse effect on the quality of the built environment and emphasises that improving the quality of the built environment is one of the most important of the plan s objectives. Paragraph 5.25A of the adopted UDP, identifies a sequential approach when considering the location of new sites for housing and first favours the reuse of previously developed land. It therefore favours new housing to be located on brownfield land. Paragraph 9.9 of the adopted UDP advises that Sutton Coldfield acknowledges that the constituency possesses a range of high quality housing and large areas of open space which are a great asset to the City The NPPF advises that housing applications should be considered in the context of the presumption in favour of sustainable development and encourages the effective use of land by reusing land that has been previously developed. Paragraph 53 of the NPPF advises that local planning authorities should consider the case for setting out policies to resist inappropriate development of residential gardens, for example where development would cause harm to the local area Mature Suburbs (SPD) states that new housing can have a significant impact on local distinctiveness and on the character of an area and that new development must be of 'good design' resulting from a good understanding of the local character and circumstances. It states that design should determine density and not vice versa. It concludes that proposals that undermine and harm the positive characteristics of a mature suburb will be resisted The application site relates to previously developed land and currently contains a bungalow with an integral garage. The existing bungalow was constructed in the 1970 s and has limited architectural qualities. It is not listed and the site is not located within a Conservation Area. The site is located within a predominantly residential area and apart from a public sewer running through the site has no physical constraints preventing its redevelopment, subject to details of site specific solutions. The site has good accessibility to local shops, services and jobs. As such, I consider that the principle of demolition of the existing bungalow and its replacement with two dwelling houses involving the subdivision of the plot is considered acceptable Impact on the Local Character 6.7. Mature Suburbs SPD advises within the design criteria that: building plots should be of appropriate size (width, depth and shape) to reflect the typical form of plots in the area and the urban grain; new buildings should respect established building lines and set back from highways; and separation distances between buildings should respect the separation distances, which generally characterise the area. The NPPF attaches great importance to the design of the built environment and paragraph 58 requires new developments to respond to local character and reflect the identity of local surroundings and materials. The Planning Practice Guidance advises that designs should ensure that new and existing buildings relate well to each other, that streets are connected, and spaces complement one another. Page 4 of 11

5 6.8. The locality comprises a mixture of housing types and styles made up of two-storey detached dwellings and bungalows set back from the highway. Clarry Drive is one of a number of narrow private roads located between Four Oaks Estate and Sutton Park. The ground level falls east to west from the rear of the site to the front and down to Sutton Park; with the properties located on the opposite side of the road sited on lower ground level. The surrounding area contains a number of mature trees The proposed scheme would subdivide the existing plot and provide two plots of a similar size and shape. The proposed plot widths would measure 28 metres for Unit 1 and 31 metres for Unit 2 and would be in keeping with nearby housing plots, in particular 36 Clarry Drive and 7 Parklands Drive. The proposed density of the scheme, at 12 dwellings per hectare, would reflect the surrounding low density in the local area and acceptable gaps between the proposed dwellings and the side boundaries with neighbouring properties would be retained. I do not therefore consider that the proposed development would appear cramped or result in an over development of the site. I also consider that it would not be out of character with the surrounding area The proposed dwellings would have a traditional design that would respect the local character and both dwellings would include gables over the first floor windows, dormer window, chimney breasts and traditional window styles, which are all common features of the local architecture. The scale of the proposed dwellings would respect other two-storey dwellings in the immediate area and the variation in the building height of Unit 1 and the design of Unit 2, which creates a cat slide roof above the entrance door, would help to reduce the visual impact of the mass of the buildings. I am also satisfied that the proposed materials would blend well with the local character being a red brick and render/timber detailing to Unit 2 and detailing to the windows and entrance door I therefore consider that the proposed scheme would result in a high quality scheme that would integrate well within the existing street scene in terms of the overall scale, density, massing, landscape, layout and materials in relation to neighbouring properties. I have recommended conditions to secure high quality materials, landscaping and boundary treatment Impact on Highway Safety The proposed parking provision for both dwelling houses would comply with the maximum car parking standards set out in Car Parking Guidelines SPD, which seeks a maximum of 2 parking spaces per dwelling house. The proposed driveways to the basement garages would improve the access to the site and overcome the constraints of the existing driveway which has a steep gradient and has been noted to be a hazard during the winter months by the applicant I acknowledge that Clarry Drive is a narrow road and the proposed vehicular access points would be located on a curved section of the road, which to an extent restricts visibility. However the existing access point also has restricted visibility and there are other vehicular accesses off Clarry Drive and Stoneleigh Close that have a similar situation. I therefore consider that the proposed access points are acceptable, subject to a condition that restricts the maximum height of the proposed hedgerows to the front boundaries to 1 metre in order to maintain acceptable visibility splays. Page 5 of 11

6 6.15. I note Transportation Development raises no objection to the proposed scheme. I concur with this view and do not consider that the proposed scheme would have a detrimental impact on highway safety. I have recommended conditions to ensure the new access points are constructed to BCC specifications and the existing access point is reinstated Proposed Living Conditions and Impact on Adjoining Residents The proposed gardens would measure 273sqm for Unit 1 and 249sqm for Unit 2. These are well in excess of Places for Living guidance which seeks gardens of 70sqm. All bedrooms would comply with Places for Living guidelines. I am satisfied that the proposed development would provide a high standard of amenity for the future occupiers Places for Living SPG recommend 5 metres per storey between habitable room windows and adjoining rear gardens in order to protect the privacy of existing residents. Unit 1 would be sited 10 metres from the boundary with 7 Parklands Drive and would comply with policy. Unit 2 would be sited 8.3 metres from the boundary has been amended to ensure the rear facing windows only serve a bathroom, ensuite, play room and a secondary window to a bedroom. These windows would be installed with obscure non opening or top opening windows and I have recommended a condition to secure this. I also note that there are mature trees along the rear boundary which would help to prevent overlooking. I have recommended conditions to remove permitted development rights for any enlargement or additional windows to the proposed dwelling houses. I also do not consider that the proposed scheme would result in a significant reduction in the level of sunlight reaching neighbouring properties rear gardens I acknowledge that local residents have expressed concern regarding the potential for overlooking to the properties located on the opposite side of Clarry Drive. Given the separation between the properties, the road itself, and that the first floor bedroom windows in the neighbouring properties already face the public realm, I do not consider that there would be an adverse impact on the occupiers living conditions as a result of the proposed scheme Impact on Trees and Ecology The site contains four mature trees and five tree groups; with the tree group located in the southeast corner of the site covered by a Tree Preservation Order 1086). A number of trees have been removed from the site prior to this application which was granted consent by the Local Planning Authority subject to a replacement Oak tree being planted within the site. An amended site layout plan indicates 2 new trees within the front gardens of the proposed dwellings. My Tree Officer raises no objection to the proposed development subject to conditions to ensure appropriate tree protection of the retained trees. I concur with this view and have recommended a condition accordingly A Bat and Bird Survey was carried out at the application site and the findings confirmed that there was currently no opportunities for bats to roost in the property and no evidence of birds nesting in the building. The survey recommended that a method of working should be put in place with contractors to ensure that in the event of bats being found they would not be injured and that the proposed scheme should enhance roosting opportunities for local bats behind the ridge tiles of the new dwellings. The Council s Ecologist raises no objections to the proposed development and recommends a condition to secure the recommendations outlined Page 6 of 11

7 in the Bat and Bird Survey. I concur with this view and have recommended the condition accordingly. 7. Conclusion 7.1. I consider that the proposed scheme would result in high quality dwelling houses that would reflect the local character and add to the distinctiveness of the area. They would provide a good standard of amenity for future occupiers and would not have a detrimental impact on the amenities of neighbouring residents, trees or on highway safety. Conditions are recommended to protect neighbouring residents, trees, highway safety and to enhance ecology. I therefore consider that the proposed scheme complies with the adopted UDP, Mature Suburbs SPD, Places for Living SPG and the NPPF. 8. Recommendation 8.1. I recommend approval subject to the following conditions: 1 Requires the prior submission of level details 2 Requires the prior submission of a drainage scheme 3 Requires the prior submission of sample materials 4 Requires the prior submission of dormer window/window frame details 5 Requires the prior submission details obscure glazing for specific areas of the approved building 6 Requires the prior submission of hard and/or soft landscape details 7 Requires the prior submission of hard surfacing materials 8 Requires the prior submission of boundary treatment details 9 Requires the prior submission of details of bird/bat boxes 10 Requires the implementation of the submitted mitigation/enhancement plan 11 Requires tree replacement within 2 years post development 12 Requires the prior installation of means of access 13 Removes PD rights for new windows 14 Removes PD rights for extensions 15 Requires the proposed hedgerows to the front boundaries of Unit 1 and Unit 2 to be no higher than 1 metre. 16 Requires the scheme to be in accordance with the listed approved plans 17 Limits the approval to 3 years (Full) Page 7 of 11

8 Case Officer: Helen Hawkes Page 8 of 11

9 Photo(s) Front Elevation of existing bungalow Page 9 of 11

10 Application Site Page 10 of 11

11 Location Plan This map is reproduced from the Ordnance Survey Material with the permission of 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. Birmingham City Council. Licence No , 2010 Page 11 of 11