CA//16/00504/FUL. Canterbury City Council Military Road Canterbury Kent CT1 1YW. Crown copyright and database rights 2016 Ordnance Survey

Transcription

1 O Scale 1:1,250 Map Dated: 09/05/2016 CA//16/00504/FUL Crown copyright and database rights 2016 Ordnance Survey Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 13 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//16/00504/FUL Land adjacent to Warren Lodge, Ashford Road, Thanington, CT1 3XR Erection of two dwellings. FULL APPLICATION DATE REGISTERED: 09 March 2016 TARGET DATE: 04 May 2016 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: NOT LISTED No Wincheap Architectural Designs Mr Tamsett Mr Guy Wilson ocuments&keyval=_cante_dcapr_ RECOMMENDATION: Grant, section 101 delegation, subject to appropriate safeguarding conditions. SITE LOCATION AND DESCRIPTION 1. The site is an area of land adjacent to the Warren Lodge retirement apartments, located on a private drive off Ashford Road. The site is currently grassed over, with mature trees to the east, and a high timber fence separating it from two new build dwellings to the north. The terrain slopes up steeply from Ashford Road. 2. The site is within an area with potential for land contamination. RELEVANT PLANNING HISTORY 3. There is no relevant planning history. PROPOSED DEVELOPMENT 4. The proposed development is for the erection of a pair of semi-detached one-bed bungalows to the rear of Ashford Road, together with associated landscaping. The site would be accessed via the existing drive to Warren Lodge retirement apartments. 1

3 CONSULTATIONS 5. The following responses have been received in respect of this application: Southern Water a formal application will be required if a connection to the public foul sewer is required. The applicant should consult the EA directly regarding the use of a package treatment plant to dispose of foul sewage if that is to be used. Environment Agency No comments Canterbury City Council Archaeology Officer - No comment CCC Environmental Health Due the potential for ground contamination to be present, appropriate assessment and mitigation measures will need to be carried out prior to commencement. A site management plan should be submitted to protect the amenity of the adjoining occupiers. CCC Refuse and street scene No objection REPRESENTATIONS 6. Neighbouring occupiers adjoining the site were notified in writing and a site notice was posted near the site. 13 letters of objection have been received raising concerns over: Parking and access Overlooking Loss of light Loss of amenity Overdevelopment There is no restriction on the dwellings being sold on the open market rather than to retirees. Land instability Disruption and pollution during construction Unsustainability of the site A new traffic island on Ashford Road is needed to access the nearby bus stop Impact on the waste water system for Warren Lodge DEVELOPMENT PLAN POLICIES 7. Canterbury District Local Plan First Review 2006: H1 - Housing strategy BE1- High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. C9 - KCC Vehicle & Cycle Parking Standards with local variations 8. Canterbury District Local Plan Publication Draft 2014: SP1 - Presumption in favour of sustainable development SP4 Housing and general development strategy SP7 - Habitat Regulations and mitigation measures DBE1 - Sustainable design and construction measures DBE3 - Development proposals to be of high quality, to be assessed against specific amenity, visual, landscape, accessibility and highways criteria 2

4 DBE7 - New housing to have acceptable standard of accommodation to meet minimum space standards and to provide refuse and cycle storage and outdoor space. T9 - KCC Vehicle & Cycle Parking Standards with local variations. 9. Supplementary Planning Documents: Sustainable Construction SPD, adopted April Guidelines to Control Residential Intensification, adopted April ASSESSMENT 10. The application is brought to the Planning Committee as a result of the number of objections being received. The primary matters for consideration are: Principle of development Impact upon the character and appearance of the area Living conditions Parking and access Drainage Contamination Other considerations Principle 11. Policy H1 of the Canterbury District Local Plan sets out that that on non-allocated sites within the urban area, development on previously developed land will be supported, subject to compliance with other plan policies and an assessment of any site specific constraints. Policy SP4 of the Canterbury District Local Plan Publication Draft 2014 sets out a similar strategy, with development to be supported on suitable sites, subject to relevant planning considerations. The National Planning Policy Framework states that all housing applications should be considered in the context of the presumption in favour of sustainable development. 12. The site is within an established residential area, within the Canterbury urban boundary. While shops and services are limited nearby, there is a bus stop close by and the site is in a reasonably sustainable location. Subject to other planning considerations, there is no objection to the principle of residential development in this area, and the proposed development would be in accordance with policy H1 of the adopted local plan, policy SP4 of the Canterbury District Local Plan Publication Draft 2014 and the aims and objectives of the National Planning Policy Framework. Character and appearance 13. The National Planning Policy Framework states that planning decisions should aim to ensure that developments will function well and add to the overall quality of an area. Policy BE1 of the adopted local plan states that all development is expected to demonstrate a high standard of design, and should be considered against a range of factors including its visual impact and impact on the local townscape character, and the form of the development. These requirements are restated in policy DBE3 of the Canterbury District Local Plan Publication Draft Development along the Ashford Road is typically characterised by detached and semi-detached two-storey dwellings, and a number of bungalows, set back from the road and benefiting from substantial gardens. The site is an area of land set back off Ashford Road, behind two new build dwellings, and which was formerly part of the grounds of Warren Lodge. The proposed plots would be smaller than what is typical in 3

5 the area, however would be primarily related to Warren Lodge, which represents a significantly higher density and atypical form of development, rather than with the dwellings fronting Ashford Road. As such this presents an opportunity to divert from the established pattern of development along Ashford Road. Similarly, the development would be clustered together with and share the existing access to Warren Lodge. 15. The land slopes up steeply from Ashford Road; however due to the single-storey nature of the development, the dwellings would be visually subordinate to dwellings on Ashford Road. As such, it is considered that the backland nature of the site is not considered to be in conflict with the character of the street. The dwellings are proposed to have a conventional design which would be in keeping with development in the area. On this basis it is considered that the proposed development would not be harmful to the character or appearance of the area or street scene in accordance with policy BE1 of the Canterbury District Local Plan and policies DBE3 and DBE4 of the Canterbury District Local Plan Publication Draft Living conditions 16. Policy BE1 of the Canterbury District Local Plan states that new development should be considered against the impact on the privacy and amenity of the existing environment. Policy DBE3 of the Canterbury District Local Plan Publication Draft 2014 provides additional clarification stating that development is to be assessed against its impact on the privacy and amenity of neighbouring buildings and future occupiers (including overshadowing, outlook and sunlight). 17. The proposed dwellings would be single storey, and a 1.8m high fence is proposed to the rear boundary which would limit the potential for overlooking to the rear. Given the relationship with the Warren Lodge, the development would not lead to any significant overlooking. Given the distance to the nearest dwellings, and the single-storey nature of the proposed development, the proposals would not lead to a significant loss of light or overbear any neighbouring dwellings. 18. Both proposed dwellings would adhere to the requirements of the national described minimum space standards. While the dwellings would only benefit from limited outdoor space, it is considered the space is reasonable for a single bed dwelling. As such it is considered that both dwellings would afford their future occupiers an acceptable level of amenity. Parking and highway safety 19. The site is accessed off Ashford Road. Given the scale of the proposals, it is not considered that the development would result in a significant increase in traffic. A single parking space is proposed for each dwelling, which is in accordance with adopted parking standards. There is on-street parking on the Ashford Road which can be used by visitors. No cycle storage is shown on the plans and, particularly given the location of the development towards the edge of the city; it is considered necessary to condition the provision of cycle storage. Drainage 20. The site is within a low risk flood zone and surface water is proposed to be disposed of by means of a soakaway. As the nearest public foul sewer is some distance from the site, the developer proposes to use a package treatment plant to dispose of foul sewage. There is no objection to this in principle; however Southern Water have 4

6 commented that the developer will need to ensure its maintenance for the lifetime of the development. On this basis a condition to include a requirement to submit details of the maintenance and management of the surface and foul water drainage for the lifetime of the development is considered appropriate. Contamination 21. The site is within the Ashford Road Works site where is potential for ground contamination to be present. A risk based assessment will need to be carried out in the first instance, and a remediation strategy agreed if necessary. On the advice of the Council s environmental health officers, it is considered appropriate that this should be secured through a planning condition. Other considerations 22. The site is outside the zones of influence for the Thanet and Swale SPAs. Given the scale of the development it is not considered that there is any need for additional infrastructure, and so no developer contributions are sought. Conclusion 23. It is considered that the proposed new dwellings represent a sustainable form of development, and would not be harmful to the character of the street scene or the amenity of the occupiers of neighbouring residences. It is also considered that the development would not be detrimental to highways safety. The proposed development complies with Canterbury District Local Plan (2006) policies HE1, BE1, & C9; Canterbury District Local Plan (draft 2014) policies SP1, SP4, DBE1, DBE3, & T9; and the core principles and sections 6, 7 & 11 of the National Planning Policy Framework (2012). On this basis it is recommended that the application be granted subject to safeguarding conditions. 5

7 DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/16/00504/FUL Proposal: Erection of two dwellings. Location: Land adjacent to Warren Lodge, Ashford Road, Thanington, CT1 3XR CONDITIONS/REASONS: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act The development hereby approved shall be carried out in accordance with the submitted drawings: 15/0851 received on /0859 received on /0860 received on REASON: To secure the proper development of the area. 3 No extension of the dwellings hereby approved, whether approved by Part One of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out without the prior permission in writing of the Local Planning Authority. REASON: In the interests of the visual amenities of the locality in accordance with policy BE1 of the Canterbury District Local Plan 2006 and policy DBE3 of the Canterbury District Local Plan Publication Draft No development shall commence until a preliminary risk assesment has been submitted to and approved, in writing, by the local planning authority. The preliminary risk assessment shall identify identify: all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. REASON: To ensure that the proposed site investigation, remediation and development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 5 If deemed necessary by the approved preliminary risk assessment, no development shall commence until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be 6

8 submitted to and approved, in writing, by the local planning authority: 1. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 2. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 3. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. REASON: To ensure that the proposed site investigation, remediation and development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 6 If a remediation strategy is deemed necessary in the approved preliminary risk based assessment, no occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The longterm monitoring and maintenance plan shall be implemented as approved. REASON: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 7 Prior to the first occupation or use of the development, the area shown on the deposited plan for the parking and manoeuvring of vehicles shall be operational prior to any part of the development hereby approved being brought into use, unless otherwise agreed in writing by the Local Planning Authority. The area agreed shall thereafter be maintained for that purpose. REASON: In the interests of highway safety 8 No development shall take place until details of the means of foul and surface water disposal, including a detailed sustainable surface water drainage scheme for the site, which is compliant with the non-statutory technical standards for sustainable drainage and shall demonstrate the surface water run off generated up to and including the 100yr critical storm (including allowance for climate change) will not exceed the run off from the undeveloped site following the corresponding rainfall event, and so as not to increase the risk of flooding both on- or off-site, and 7

9 including details for the long term maintenance of all surface water and foul water drainage infrastructure on site, and including the provision of measures to prevent the discharge of surface water onto the highway, have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with such details as are agreed and thereafter maintained. REASON: To prevent pollution, in accordance with policy C37 of the Canterbury District Local Plan 2006 and the advice contained within the National Planning Policy Framework. 9 No development shall take place until a Construction Environmental Management Plan, which shall include the following details: Parking and turning areas for construction and delivery vehicles and site personnel Timing of deliveries Details of site access point(s) for construction Dust control measures Site operation times between Monday to Friday, Saturday and at no time on a Sunday or Bank Holiday unless in association with an emergency Demolition and construction waste - storage and removal Temporary traffic management/signage Details of wheel washing facilities prior to commencement of spoil removal on site and for the duration of spoil removal has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: To ensure pollution prevention measures are in place for all potentially polluting activities during construction in accordance within National Planning Policy Framework paragraph 109 and in the interests of highway safety. 10 Prior to the first occupation of the development, secure cycle parking facilities, shall be provided and thereafter maintained. REASON: In the interests of promoting increased cycling in accordance with the National Planning Policy Framework and in accordance with Policy C9 of the Canterbury District Local Plan 2006 and Policy T9 of the Canterbury District Local Plan Publication Draft All hard and soft landscape works, including the erection of any fences, shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development, or in accordance with a programme of works to be agreed in writing with the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority gives any written consent to any variation. REASON: In the interests of the visual amenities of the area in accordance with policy BE1 of the Canterbury District Local Plan 2006 and policy DBE3 of the 8

10 Canterbury District Local Plan Publication Draft Prior to their use in the development hereby approved details of the materials to be used in the construction of the external surfaces of the development hereby approved shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenities of the area in accordance with policy BE1 of the Canterbury District Local Plan 2006 and policy DBE3 of the Canterbury District Local Plan Publication Draft