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Report for MA 13 1373

APPLICATION:       MA/13/1373            Date: 2 August 2013   Received: 2 August 2013

 

APPLICANT:

Swift & Styles

 

 

LOCATION:

ROOFING CENTRE GROUP LTD, MENDIP HOUSE, LEEDS ROAD, LANGLEY, MAIDSTONE, KENT, ME17 3JN            

 

PARISH:

 

Langley

 

 

PROPOSAL:

Outline application for the demolition of existing units on site and the erection of 6 detached houses with garaging, parking and access. With access to be considered at this stage and all other matters reserved for future consideration as shown on drawing no.s  DHA/9747/02, DHA/9747/03, and indicated in the Design and Access Statement, Planning Statement, Tree Report dated 31st July.

 

AGENDA DATE:

 

CASE OFFICER:

 

6th February 2014

 

Amanda Marks

 

The recommendation for this application is being reported to Committee for decision because:

 

    ●    it is a departure from the Development Plan

 

1.       POLICIES

 

·         Maidstone Borough-Wide Local Plan 2000:  ENV28, T13

·         Government Policy:  National Planning Policy Framework

 

2.       HISTORY

 

MA/97/1597 Outline application for the redevelopment of the existing site with the erection of 5 dwellings with access, garaging and parking.  Refused APPEAL ALLOWED 21/12/99

                  

3.       CONSULTATIONS

 

3.1        Langley Parish Council: No comment

 

3.2    Landscape: There are no protected trees on this site. The tree survey is considered acceptable. The report clearly identifies potential post development pressure on existing boundary trees but recommends a schedule of tree works to mitigate the risks of this.  I therefore raise no objections on arboricultural grounds subject to pre commencement conditions requiring a detailed arboricultural method statement to include details of protective fencing and methods for excavating the hard standing to minimise disturbance within the RPAs of retained trees. A detailed landscape scheme will also be required together with implementation details and a long term management plan.

 

3.3        Conservation: No objections.  The proposal would have no significant impact on the setting of the nearby listed barn.

 

3.4        Environmental Health Manager: No objection subject to a land contamination condition.

 

3.5        KCC Highways: No objections subject to conditions.

 

4.      REPRESENTATIONS
 

4.1        Residents: no representations received.

 

5.      CONSIDERATIONS

 

5.1    Site Description

 

5.1.1  The application site lies on the eastern side of the Leeds Road (B2163) to the south of the settlement of Langley Heath.  In policy terms the site is located in the open countryside, it is not however subject to any site specific designation and is not identified as an employment site.    The existing site is brownfield and contains two substantial buildings close to the site frontage and a wealth of open storage and smaller structures related to the use of the site by a roofing company.  The site is broadly triangular in shape with established planting on the boundaries of the site.   Within the site it is dominated by hard standing of some sort, with a smaller single storey building to the rear of the site and various racks and means of open storage.  

 

5.1.2  Whilst opposite the site is farmland and wooded areas, to the north and south development of dwellings extends in both directions.   In terms of character the existing dwellings are mixed, for example to the north can be seen two storey flat roof dwellings and to the south the range includes a small  bungalow immediately adjacent to the site Hazeldene), two further bungalows (Longwood and Ragstones) then two storey dwellings varying in scale and form.    The site is on land at a higher level than buildings to the east (stud farm and agricultural buildings). There is a Grade II Listed dwelling ‘Highland’ which is located approximately 50m to the north of the application site.

 

5.2    Proposal

 

5.2.1  Outline planning permission is sought for the demolition of all existing buildings and the redevelopment of the site for residential use.  A layout plan has been submitted showing 6 detached dwellings with garaging, parking and access.   Five of the dwellings are indicated to be 5 bedrooms and the remainder a 4 bedroom property. At this time only the means of access is to be considered and the remainder of the reserved matters are for future consideration.

 

5.2.2 The layout plan shows which of the existing trees would need to be removed, those to be retained and identifies their root protection area (RPA), the proposed tree planting and hedgerow.

 

5.2.3 The layout plan shows two of the dwellings to front the Leeds Road and the remaining four to be set back within the site. The gardens vary in depth and width but essentially all have gardens exceeding a depth of 10 metres.   A garage to serve plot 6 is shown in the northern corner of the site and would be visible within the street scene – however, subject to design there is no reason that this should compromise the character of the site.

 

5.2.4 In addition to the Planning Statement, the application was accompanied by a Design & Access Statement, a Transport Statement and a Tree Survey.

 

5.3    Principle of Development

 

5.3.1 The key issues for consideration are the principle of the development, the effect of the proposal on the setting, character and appearance of the village and the impact of the proposal on residential amenity in terms of privacy and light in particular.

 

5.3.2 The findings of the Inspector’s decision in 1999 have also been taken into consideration in reaching the recommendation on this proposal.  Planning application MA/97/1597 was refused on two grounds.  These related firstly to the density, pattern of development and impact on the character of the area; and secondly to concerns over loss of privacy.

 

5.3.3 The application is before committee solely on the basis of being a departure from the local plan (Policy ENV28).    This being said the NPPF affords a presumption in favour of development in sustainable locations unless any adverse impacts would significantly and demonstrably outweigh the benefits of the development as a whole.   In this case whilst Policy ENV28 would normally be the overarching policy to assess this development against, in the absence of a 5 year housing supply the presumption in favour of development must prevail.    The fact that the site is previously developed land and seen in the context of the residential development both north and south of the site, it is not seen as ‘open countryside’.    I therefore consider the principle of redevelopment of this site for housing acceptable.   This was also the view of the Planning Authority and Inspector on the 1997 application.

 

5.4    Visual Impact

 

5.4.1 The existing dwellings along this stretch of Leeds Road have varying distances to the road frontage – as such there is no clear building line. Save for plots 1 and 2, the majority of the dwellings will be largely obscured from public view and accessed via the private drive. The existing landscaping on the site boundaries, particularly on the southern boundary and site frontage (west) are to be retained as fully as possible.

 

5.4.2 I consider the main concern over the visual impact of the development would be if the current level of screening is compromised.   As can be seen from the layout plan, it is proposed to retain existing planting – all be-it after some crown reduction works being undertaken.  I do not consider the proposal would cause harm to the character of the street scene provided the appropriate landscaping retention and new planting is secured through condition and the design of the  dwellings are appropriate for the area.

 

5.4.3 With regard to the layout and form of the development, I agree with the findings of the Inspector in 1999 who stated ‘The dwellings to the south have long back gardens, but this is not readily apparent from the road, nor is the form of development repeated to the north of the site. Therefore, I do not believe it is right to necessarily impose that development structure on this site … I consider that development in depth as a small housing group would be acceptable.’  At the time of the 1999 planning application the Council had been trying to achieve frontage development only.  However, with buildings to the north, east and south of the site, in my view there is no justification to restrict development in this manner.

 

5.4.4 I consider this to be a well thought out layout and in my view whilst there may be an additional dwelling to the scheme previously approved by the Inspectorate, I consider this layout works considerably better in terms of impact on Hazeldene and overall effectiveness within the site.  In visual terms the loss of the substantial commercial buildings and associated hardstanding and open storage can be considered a betterment.

 

5.5    Residential Amenity

 

5.5.1  It is my view that the proposal represents a benefit in terms of the immediate character of the area.  By its nature the existing site with its associated vehicle movements and vehicle type, the open storage and substantial buildings does not make a positive contribution to the predominantly residential character of the area.   It is also anticipated that there would be a reduction in vehicle movements and of the potential for noise and disturbance. A residential use would be more cohesive in this location and in principle is clearly a better use for the site.     

 

5.5.2 The closest property to the site is Hazeldene.  This small bungalow is approximately 4m from the commonside boundary with the application site; it is a further 4m to the flank wall of plot 2 the nearest proposed dwelling.  Plot 2 is shown to be set approximately 3.5m forward of the building line of Hazeldene; it does not extend to the rear past the original rear wall of Hazeldene.  I am satisfied that due to the orientation and siting of plot 2 in relation to the neighbouring bungalow there would be no loss of light and privacy can be maintained. 

 

5.5.3 A single storey rear extension has been added to Hazeldene which is not indicated on the block plan (most likely permitted development).   The closest proposed buildings from the rear wall of Hazeldene are two detached double garages, these are set in from the commonside boundary 6m and 10m respectively, even taking into consideration the extension to Hazeldene there would still be approximately 16m from the rear of the bungalow until plot 3 which backs onto the rear garden at 90 degrees.   In the main part plot 3 maintains a garden of 12m and again, I am satisfied that a dwelling can be accommodated in this location without compromising the amenity of the occupiers of Hazeldene. It should be noted that the substantial existing planting on the southern boundary will also be retained.

 

5.5.4 The property to the north of the site is separated by substantial boundary planting.  The closest part of the new development would be a detached garage, the nearest dwelling is in excess of 40 distance.  I am satisfied that no detriment to amenity would arise.

 

5.5.5 I therefore consider that the proposed layout can be accommodated without compromising the residential amenity of existing occupants.

 

5.6    Highways

 

5.6.1  The existing site access will be utilised to serve the residential development.  Swept path analysis and trip generation information has been provided. The site can readily be accessed by all relevant emergency service vehicles and pantechnican. Traffic generated from this site is considered to be less than existing.  Two parking spaces per dwelling are proposed and considered appropriate for this edge of settlement location.  The Kent Highways officer has raised no objection to the scheme. 

 

5.7    Landscaping

 

5.7.1  The existing landscaping is substantially on the site boundaries.   It is proposed to retain the vast majority of trees. None of the trees within the site are protected.  The three trees to be removed are identified as being low quality in the tree report.  The existing hedgerow on the western boundary will be retained with low level planting to enhance its robustness.  A full landscaping scheme will be submitted as part of the reserved matters and it has been indicated that appropriate native species shall be used. There are no objections on arboricultural grounds.  It should also be noted that the proposal represents a 76% reduction in hardstanding.

 

5.8       Other Matters

 

5.8.1   Due to the significant level of hardsurfacing on the site, it is not anticipated that there would be any significant ecological concerns with regard to redeveloping this site.  This being said there could be opportunity to enhance the potential for ecological habitats through the new planting – a condition is proposed to explore this.  Ecology is acknowledged in the planning statement and it is suggested that through the submission of further detail at the reserved matters stage that improvements to biodiversity will be addressed through new planting. 

 

5.8.2   The existing use of the site gives rise to the requirement to impose a contaminated land condition. 

 

5.8.3   Matters of design, detailed landscaping and layout can be dealt with through the submission of reserved matters.  There is no prevailing architectural style found locally; however it would be expected that inspiration will be taken from the different local materials and palettes at the design stage.

 

5.8.4   With regard to the Code for Sustainable Homes, the design of the dwellings has yet to be determined. However, I would expect Level 4 to be met in line with the draft policy of the local plan.

 

6.      CONCLUSION

 

6.1     In light of the above considerations, I find the proposal acceptable in principle and in terms of impact on amenity and the character of the village.  I consider that the previous reasons for refusal have been overcome with a better designed layout.  I therefore recommend approval.

 

7.           RECOMMENDATION

 

GRANT PLANNING PERMISSION subject to the following conditions:   

 

1.           The development shall not commence until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-

 a.  Scale b. Appearance c. Landscaping d. layout

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved;

Reason: No such details have been submitted and in accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2.           The development shall not commence until details of any lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include, inter-alia, details of measures to shield and direct light from the light sources so as to prevent light pollution. The development shall thereafter be carried out in accordance with the subsequently approved details.

Reason: To prevent light pollution in the interests of the character and amenity of the area.

3.           No development shall take place until details in the form of large scale drawings (at a scale of 1:20 or 1:50) of the following matters have been submitted to and approved by the Local Planning Authority;

i) Details of the roof overhangs and eaves.
ii) Details of windows and doors and recesses/reveals (which shall be a minimum of 70mm).
iii) Details of the junction of the timber boarding and the brickwork, and other material change with brickwork.

The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To ensure a satisfactory external appearance to the development in the interests of the visual amenity and character of the surrounding area.

4.           The development shall not commence until details of foul and surface water drainage have been submitted to and approved by the local planning authority.  The development shall thereafter be carried out in accordance with the approved details.

Reason: In the interest of pollution and flood prevention.

5.           No external meter cupboards, vents, or flues shall be installed on any external elevation without the prior agreement in writing of the Local Planning Authority.

Reason: To secure a high standard of design.

6.           No development shall take place until details of the proposed slab levels of the buildings and the existing site levels have been submitted to and approved in writing by the Local Planning Authority and the development shall be completed strictly in accordance with the approved levels;

Reason: In order to secure a satisfactory form of development having regard to the topography of the site.

7.           The development hereby permitted shall not be commenced until the following components of a scheme to deal with the risks associated with contamination of the site have been submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:
- 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.

2) 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.

3) A remediation method statement (RMS) based on the site investigation results and the detailed risk assessment (2). This should give full details of the remediation measures required and how they are to be undertaken.  The RMS should also include a verification plan to detail the data that will be collected in order to demonstrate that the works set out in the RMS are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

4) A Closure Report is submitted upon completion of the works.  The closure report shall include full verification  details as set out in 3. This should include details of any post remediation sampling and analysis, together with documentation certifying quantities and source/destination of any material brought onto or taken from the site.  Any material brought onto the site shall be certified clean;

Any changes to these components require the express consent of the local planning authority. The scheme shall thereafter be implemented as approved.

Reason: To protect controlled waters.

8.           No development shall take place until an ecological enhancement strategy in conjunction with a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be undertaken in the first available planting season after first occupation.

Reason: In the interests of maintaining and enhancing ecological interests within the site.

9.           The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

drawing no.s  DHA/9747/02, DHA/9747/03, and indicated in the Design and Access Statement, Planning Statement, Tree Report dated 31July.

Reason: The ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers.

10.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008  (or any order revoking and re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Class(es) A, B, C, and E to that Order shall be carried out without the permission of the Local Planning Authority;
         
Reason: To safeguard the character, appearance and functioning of the surrounding area.

11.        No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, using indigenous species which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management. The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines;

Reason: No such details have been submitted.

12.        The development shall not commence until, written details and samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials;

Reason: To ensure a satisfactory appearance to the development.

13.        The development shall not commence until, details of all fencing, walling, railings and other boundary treatments have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details before the first occupation of the buildings or land and maintained thereafter;

Reason: To ensure a satisfactory appearance to the development and to safeguard the enjoyment of their properties by existing and prospective occupiers.

14.        The development shall not commence until, details of satisfactory facilities for the storage of refuse on the site have been submitted to and approved in writing by the Local Planning Authority and the approved facilities shall be provided before the first occupation of the buildings or land and maintained thereafter;

Reason: No such details have been submitted and in the interest of amenity.

15.        The development shall not commence until a detailed scheme for the parking/turning areas is submitted and approved in writing, the approved scheme shall be completed before the commencement of the use of the land or buildings hereby permitted and shall thereafter be kept available for such use. No development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any order revoking and re- enacting that Order, with or without modification) or not, shall be carried out on the areas indicated or in such a position as to preclude vehicular access to them;

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety.

16.        All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five 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 similar size and species, unless the Local Planning Authority gives written consent to any variation;

Reason: To ensure a satisfactory setting and external appearance to the development.

17.        All trees to be retained must be protected by barriers and/or ground protection in accordance with BS 5837 (2012) 'Trees in Relation to Construction-Recommendations'. No work shall take place on site until full details of protection have been submitted to and approved in writing by the Local Planning Authority. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority;

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development.

18.        The dwellings shall achieve at least Level 4 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.

Reason: To ensure a sustainable and energy efficient form of development.

19.        The development shall not commence until details of the proposed materials to be used in the surfacing of the access road, parking and turning areas and pathways within the site, and the design of kerb-stones/crossing points which shall be of a wildlife friendly design, have been submitted to and approved by the local planning authority.     The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To ensure a high quality external appearance to the development.