(Attachment: 6)report (124K/bytes) - Northumberland County Council
(Attachment: 6)report (124K/bytes) - Northumberland County Council
(Attachment: 6)report (124K/bytes) - Northumberland County Council
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AREA PLANNING COMMITTEE WEST : 27 JUNE 2012<br />
Application No:<br />
Proposal:<br />
Site Address<br />
12/00984/FUL<br />
Demolish existing dwelling and detached garage, construction of<br />
two new residential dwellings (5 & 6 bedrooms), attached double<br />
garages with one dwelling having an attached granny flat<br />
213B Western Way, Ponteland, Newcastle Upon Tyne,<br />
NE20 9ND<br />
Applicant/Agent Applicant: Mr Danny Kholi<br />
Agent: Mr Mario Minchella, Swallow House, 19 Parsons Road,<br />
Washington, Tyne And Wear, NE37 1EZ<br />
Valid Date 28 March 2012 Expiry Date 23 May 2012<br />
Case Officer Name: Miss Joanne Wood<br />
Details Job Title: Planning Officer<br />
Tel No: 01670 625551<br />
Email: joanne.wood@northumberland.gov.uk<br />
This material has been reproduced from Ordnance Survey digital map data with the<br />
permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright<br />
(Not to Scale)
1. Background<br />
1.1 This application is recommended for approval contrary to the views of five written<br />
objections.<br />
2. Description of the Proposal<br />
2.1 Planning permission is sought for the construction of two dwellings following the<br />
demolition of an existing dwelling at 213B Western Way, Darras Hall.<br />
2.2 The existing site would be subdivided into two plots, and two detached two<br />
storey dwellings are proposed. The first of the dwellings would be located to the west<br />
of the site and would measure approximately 18.2 metres in width and 10.6 metres<br />
in depth. It would have a hipped roof with a maximum height of 8.1 metres. There<br />
would be a garage projecting by 9 metres from the front elevation which would have<br />
living accommodation above and which would have a maximum height of 6.4 metres.<br />
This dwelling would be east facing. The second dwelling would have a width of 22<br />
metres and a depth of 11 metres. This dwelling would have a maximum height of 8.5<br />
metres and would be west facing. Both dwellings would be constructed using brick<br />
with grey slate roofs, and would be accessed by the existing single track lane from<br />
Western Way which currently serves the application site.<br />
2.3 The application site, which measures approximately 0.4 hectares, is currently<br />
occupied by one single storey dwelling. The site is set back from Western Way and<br />
is accessed by a single track lane which also provides access to neighbouring<br />
property 213A Western Way. The site is bounded on all sides by residential<br />
dwellings.<br />
2.4 The application site is located in the built up area of Darras Hall, within the<br />
Ponteland settlement boundary.<br />
3. Planning History<br />
Reference Number: 11/03120/FUL<br />
Description: Demolition of existing single storey dwelling and construction of 2<br />
no detached dwellings each including basement and attached double garage with<br />
granny flat above<br />
Status: Application Returned<br />
Reference Number: CM/20090282<br />
Description: Proposed demolition of existing bungalow and detached garage and<br />
erection of two storey dwellinghouse with attached triple garage/granny flat and<br />
full extent basement level with associated light-wells<br />
Status: Withdrawn
4. Consultee Responses<br />
5. Public Reponses<br />
Ponteland Town <strong>Council</strong><br />
Comments: We have serious concerns about the<br />
proposal and make the following comments:<br />
This is an intensification of undesirable backland<br />
development, contrary to Policy H11 of the Castle<br />
Morpeth District Local Plan. Does it contravene<br />
PPS3 The information provided is incorrect as<br />
access is from Western Way (not Darras Road) and<br />
public transport services are very infrequent. A<br />
condition to retain boundary vegetation would be<br />
required as the proposal would impinge on a<br />
considerable number of properties. The development<br />
could potentially cause damage to underground<br />
services along the access drive (which also serve<br />
213A). As the access drive is only narrow, there are<br />
likely to be problems concerning access for<br />
emergency and utility vehicles, both during and after<br />
construction. Damage to the access drive caused by<br />
construction vehicles would need to be made good;<br />
Highways Authority<br />
Public Protection<br />
<strong>County</strong> Ecologist<br />
Waste Management<br />
Environment Agency<br />
Northumbria Water<br />
Comments: No objection subject to conditions<br />
No response received<br />
Comments: No objection subject to conditions<br />
No response received<br />
Comments: No comment<br />
Comments: No comment<br />
5.1 Adjacent neighbours notified in line with <strong>Council</strong> practice as detailed below:<br />
Number of Neighbours Notified 11<br />
Number of Representations Received 0<br />
Number of Objections 5<br />
Number of Support 0<br />
Number of Contributors 5<br />
Summary of Responses:<br />
5.2 Five letters of objection have been received raising the following material<br />
planning considerations:<br />
- Impact on residential amenity;<br />
- Impact on highway safety;
- Inadequate access;<br />
- Overdevelopment of the site; and<br />
- Backland development.<br />
Notices<br />
No site notice required<br />
No press notice required<br />
6. Planning Policy<br />
6.1 National Planning Policy<br />
National Planning Policy Framework (27 March 2012)<br />
6.2 Core Strategy/Local Plan Policies<br />
Castle Morpeth Local Plan<br />
H15 New housing developments<br />
PH2 Housing development in Darras Hall<br />
C11 Protected species<br />
H11 Tandem and backland development<br />
7. Appraisal<br />
7.1 On 27 March 2012 the Government published its National Planning Policy<br />
Framework (NPPF). The policies contained within the NPPF are material<br />
considerations which Local Planning Authorities should take into account from the<br />
day of its publication. The NPPF makes clear that Local Planning Authorities should<br />
approve development proposals that accord with the development plan without<br />
delay, unless material considerations indicate otherwise. This approach is the basis<br />
for a presumption in favour of sustainable development.<br />
7.2 The main issues for consideration in determining this application are as follows:-<br />
Principle of the development<br />
Housing density<br />
Backland development<br />
Siting and design<br />
Impact on residential amenity<br />
Ecology<br />
Highway matters<br />
Principle of the development<br />
7.3 Local Plan Policy H15 sets out the principles for new housing development,<br />
whilst Policy PH2 of the Local Plan sets out principles for housing development<br />
specifically in Darras Hall. Both policies allow for new housing development within<br />
settlements where the proposal would satisfy relevant criteria. The proposed<br />
construction of a replacement dwelling on this site, and one additional dwelling unit,<br />
would accord in principle with Local Plan Policies H15 and PH2.
7.4 In terms of the NPPF, housing developments should be considered in the context<br />
of the presumption in favour of sustainable development. Its states that policies for<br />
housing supply should not be seen as being up to date if the Local Authority cannot<br />
demonstrate a five year housing supply. The <strong>Council</strong>’s Housing Land Supply 2012-<br />
2017 document shows that there is currently a five year supply of deliverable<br />
housing sites within the former Castle Morpeth area. However, the oversupply figure<br />
is marginal (18 units) and there is not currently a five year supply of deliverable<br />
housing sites in the <strong>County</strong> as a whole. In addition, the NPPF makes clear that<br />
Authorities should plan for a 5% buffer over and above the RSS housing supply<br />
figures. Therefore, the development of one additional dwelling unit on the site would<br />
contribute to addressing the need for housing land in the area.<br />
7.5 In terms of the presumption in favour of sustainable development within the<br />
NPPF, there are three dimensions to this: economic, social and environmental. The<br />
site is located within the defined settlement boundary of Ponteland and is within<br />
walking distance of a wide range of community facilities, key services, schools,<br />
employment opportunities and public transport links. It is therefore considered that<br />
the location would be a sustainable location both economically and socially in terms<br />
of locating housing in the right location with accessible local services. The proposal<br />
therefore accords in principle with the NPPF in these respects.<br />
Housing density<br />
7.6 Darras Hall caters for the 'executive' housing market and as such the estate has<br />
a large proportion dwelling units on large plot sizes. Local Plan Policy PH2 states<br />
that the minimum size of any residential site should not fall below a minimum of 0.1<br />
hectares and should be similar to average plot sizes in the area. The plot sizes for<br />
both of the proposed dwellings would be 0.2 hectares. Therefore the proposal is in<br />
accordance with Policy PH2 in this respect. This would also tie in with latest<br />
Government guidance in the NPPF where weight is given to ensuring the character<br />
of areas is preserved and enhanced.<br />
Backland development<br />
7.7 Policy H11 of the Castle Morpeth Local Plan states that proposals for the<br />
residential development of land will not be permitted if it would result in a significant<br />
breach of a clearly defined building line, giving rise to a pattern of development<br />
which would detract from the character of the area. In this instance, the application<br />
site is a large backland site. Therefore, the subdivision of this site would not result in<br />
the breach of any clearly defined building lines, as the site is located to the rear of<br />
the properties which front on to Western Way. The proposal is therefore in<br />
accordance with Policy H11 of the Local Plan in this respect.<br />
Siting and design<br />
7.8 The NPPF states that in decision taking, Local Authorities should always seek to<br />
secure high quality design and a good standard of amenity for all existing and future<br />
occupants of buildings. The NPPF states that great weight should be given to<br />
outstanding or innovative designs which help to raise the standard of design in an<br />
area. Policies PH2 and H15 of the Local Plan specify the detailed requirements for<br />
new housing developments and seek to ensure high quality design whilst protecting<br />
the amenity of neighbouring properties. Given that Local Policies H15 and PH2
promote good design, it is considered that due weight can be given to these policies<br />
as they are generally consistent with guidance set out in the NPPF.<br />
7.9 Local Plan Policy PH2 seeks to ensure that the curtilage of the proposed<br />
dwelling is commensurate with the size and quality of the proposed dwelling, that it is<br />
laid out to maximise the perpetuation of existing boundary features of amenity value<br />
and that the siting of the proposed dwelling generally conforms with strongly<br />
established building lines. The layout of the site and proposed dwellings conform<br />
with Policy PH2 in this respect, as well as providing a minimum distance of 3 metres<br />
to the adjoining side boundaries.<br />
7.10 It is considered that there would be sufficient space left around the dwellings to<br />
ensure that the space and privacy standards of the proposed dwellings are<br />
commensurate with the size and quality of the units. The space around the dwellings<br />
would allow for the proper functioning of the gardens for amenity purposes and the<br />
storage of refuse and recyclables without detracting from the street scene.<br />
7.11 Darras Hall has a diverse and varied character which includes a variety of<br />
individual house types, designs and a mix of materials with no distinctive vernacular<br />
character. The proposed dwellings are considered acceptable in terms of design and<br />
appearance. Both dwellings are large in terms of their width and height, particularly<br />
in comparison to those on adjacent plots. However the two storey garage projection<br />
to the front of the first dwelling and to the side of the second dwelling break up the<br />
front elevations and would reduce the scale of the frontage of the buildings,<br />
particularly in comparison to those surrounding. The proposed dwellings are<br />
considered to be acceptable in terms of their siting and design and would therefore<br />
be in accordance with Local Plan Policies H15 and PH2 in these respects.<br />
Impact on residential amenity<br />
7.12 In the interests of preserving existing standards of residential amenity Local<br />
Plan Policies H15 and PH2 set out a number of minimum separation distances to be<br />
applied to proposals for new housing developments. Policy PH2 requires that no<br />
habitable rooms are constructed within 3 metres of a site boundary and H15 requires<br />
that the distance between primary elevations of new and existing dwellings,<br />
particularly at first floor level, should not fall below 20 metres. In this instance, the<br />
proposed dwellings would face each other, with a distance of approximately 23<br />
metres between the front elevations of both properties.<br />
7.13 The rear elevation of Dwelling 1 would be approximately 21 metres away from<br />
the boundary of the site with neighbouring properties No’s 211 and 213 Western<br />
Way, and over 35 metres away from the rear elevations of these neighbouring<br />
properties. The dwelling would be largely screened from these neighbouring<br />
properties by the existing planting along the western boundary of the site. Five<br />
windows are proposed to the north elevation of Dwelling 1 at first floor level, three of<br />
which would serve a habitable room. However, this side elevation would be located<br />
over 40 metres away from the rear elevation of neighbouring property to the north No<br />
191 Edge Hill. This dwelling would be located approximately 16 metres away from<br />
the attached garage of neighbouring property to the south No 213A Western Way,<br />
and over 25 metres away from the front elevation of the dwelling itself. Two windows<br />
are proposed to the south elevation at first floor level which would face No 213A<br />
Western WAy, however these windows would serve non-habitable rooms and would
e obscure glazed. It is therefore considered that Dwelling 1 would not result in a<br />
loss of light, outlook or privacy to this, or indeed any other, neighbouring property.<br />
7.14 Dwelling 2 would be located approximately 26 metres from the eastern<br />
boundary of the site with neighbouring properties No’s 30 and 31 Hadrian Court, and<br />
over 35 metres from the rear elevations of these dwellings. There would be a<br />
distance of over 40 metres between this proposed dwelling and the neighbouring<br />
property to the north No 187 Edge Hill. Two windows are proposed to the north<br />
elevation of the dwelling at first floor level which would face towards No 187 Edge<br />
Hill, however these windows would serve non-habitable rooms and would be<br />
obscure glazed. The dwelling would be approximately 7 metres away from the<br />
boundary with the rear garden of No 213A Western Way to the south, however there<br />
are no windows on this south facing elevation of the proposed dwelling. As such it is<br />
considered that Dwelling 2 would not result in a loss of light, outlook or privacy to<br />
this, or indeed any other, neighbouring property. The proposals would therefore<br />
accord with Local Plan Policies H15 and PH2 in terms of neighbouring amenity.<br />
Ecology<br />
7.15 A bat survey <strong>report</strong> has been submitted with the application. The survey shows<br />
that there is a low risk of harm to bats roosting in the buildings, and no evidence of<br />
nesting birds using the site. Recommendations for measures to be taken to<br />
minimise the risk of disturbance or harm to any bats that might be present are<br />
included in the survey. Following consultation, the <strong>County</strong> Ecologist has confirmed<br />
that the proposal in unlikely to have an adverse effect on species especially<br />
protected by law subject to conditions requiring development to be carried out only in<br />
accordance with the mitigation measures detailed in the submitted bat survey <strong>report</strong>.<br />
Subject to the recommended conditions the proposal would accord with Policy C11<br />
of the Local Plan in respect of development affecting protected species.<br />
Highway issues<br />
7.16 Both of the properties would be accessed via the existing single track lane from<br />
Western Way which currently serves 213B and also 213A Western Way. Following<br />
consultation, the Highway Authority have raised no objection subject to conditions<br />
requiring a temporary car park, storage area within the curtilage, damage to the<br />
highway to be made good, the allocated parking area to be kept clear of obstruction,<br />
the provision of 4 parking spaces within the curtilage of both dwellings, provision<br />
within the site for the disposal of surface water and also a condition restricting the<br />
conversion of any garage to living accommodation. The proposals are therefore<br />
considered acceptable in terms of highway safety and level of parking provided,<br />
subject to these conditions being attached to any grant of permission.<br />
8. Recommendation<br />
That this application be GRANTED permission subject to the following:<br />
Conditions/Reason<br />
01. The development hereby permitted shall be begun before the expiration of three<br />
years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as<br />
amended)<br />
02. The development hereby permitted shall be carried out in accordance with the<br />
following approved plans:<br />
Dwg No C-10 - Proposed site plan<br />
Dwg No C11 - Plot 1: Proposed floor plans and elevations<br />
Dwg No C11 - Plot 2: Proposed floor plans and elevations<br />
All received 28th March 2012<br />
Reason: For the avoidance of doubt and in the interests of proper planning.<br />
03. Notwithstanding any description of the materials in the application, no<br />
development shall be commenced until samples of the materials to be used in the<br />
construction of the external walls and roof(s) of the building(s) have been submitted<br />
to and approved in writing by the Local Planning Authority. All roofing external facing<br />
materials used in the construction of the development shall conform to the materials<br />
thereby approved.<br />
Reason: To retain control over the external appearance of the development in<br />
accordance with Policy H15 of the Castle Morpeth Local Plan.<br />
04. Prior to commencement of the development hereby approved, provision shall be<br />
made for a temporary car park within the site to accommodate operatives and<br />
construction vehicles during the development of the site.<br />
Reason: To avoid obstruction of the highway in accordance with Policy H15 of the<br />
Castle Morpeth Local Plan.<br />
05. Prior to the commencement of development hereby approved, provision shall be<br />
made for a storage area to accommodate the storage of materials off the highway<br />
during the development of the site.<br />
Reason: To avoid obstruction of the adjoining highway in accordance with Policy<br />
H15 of the Castle Morpeth Local Plan.<br />
06. The dwellings hereby approved shall not be occupied unless any damage to the<br />
highway caused by construction/operative traffic associated with the works within the<br />
development site have been made good.<br />
Reason: To return the highway fronting the site to a satisfactory condition, in the<br />
interests of highway safety in accordance with Policy H15 of the Castle Morpeth<br />
Local Plan.<br />
07. The area allocated for parking and garage on the submitted plan shall be kept<br />
clear of obstruction and shall not be used other than for the parking of vehicles in<br />
connection with the development hereby permitted.<br />
Reason: In the interests of highway safety in accordance with Policy H15 of the<br />
Castle Morpeth Local Plan.
08. The development hereby approved shall not be occupied until a minimum of 4<br />
parking spaces per dwelling have been provided within the curtilage of the site.<br />
Reason: To ensure that there is adequate space within the site for the parking of<br />
vehicles clear of the highway in accordance with Policy H15 of the Castle Morpeth<br />
Local Plan.<br />
09. The dwellings hereby approved shall not be occupied unless turning areas have<br />
been provided within the curtilage of the site.<br />
Reason: To enable vehicles to join the highway in a forward direction at all times, in<br />
the interests of highway safety in accordance with Policy H15 of the Castle Morpeth<br />
Local Plan.<br />
10. Provision shall be made within the site for the disposal of surface water so as to<br />
prevent its discharge onto the highway.<br />
Reason: To reduce the risk of flooding and to prevent damage to the highway in<br />
accordance with Policy H15 of the Castle Morpeth Local Plan.<br />
11. Notwithstanding the provisions of the Town and <strong>County</strong> General Permitted<br />
Development Order 1995, no conversion of any garage to living accommodation<br />
shall take place without the prior permission of the Local Planning Authority.<br />
Reason: To enable the Local Planning Authority to consider the effects of such a<br />
development in accordance with Policy H15 of the Castle Morpeth Local Plan.<br />
12. Notwithstanding the provisions of the Town and Country Planning (General<br />
Permitted Development)(Amendment)(No 2) Order 2008, no subsequent extensions<br />
to the dwellings hereby permitted shall be constructed, or any additional windows<br />
provided at first floor level or higher in the north and south elevations of both<br />
dwellings, without the prior written approval of the Local Planning Authority.<br />
Reason: In the interests of neighbour amenity in accordance with Policy H15 of the<br />
Castle Morpeth Local Plan.<br />
13. The first floor windows to the north and south elevations of both dwellings shall<br />
be none other than obscurely glazed and shall remain as such in perpetuity.<br />
Reason: In the interests of neighbour amenity in accordance with Policy H15 of the<br />
Castle Morpeth Local Plan.<br />
14. All development shall take place in accordance with the mitigation measures<br />
detailed in Section E - Mitigation and Compensation; and Appendix 4 - Method<br />
Statement included in the <strong>report</strong> entitled A Wildlife Survey of a Property at 213B<br />
Western Way, Darras Hall, Ponteland (E3 Ecology Ltd, Sept 11) including, but not be<br />
restricted to: erection of three bat boxes; working methods and method statement;<br />
creation of four bat crevice roost sites; and constraints on external lighting.<br />
Reason: To maintain the favourable conservation status of protected species, in<br />
accordance with Policy C11 of the Castle Morpeth Local Plan.
15. Prior to development commencing, a plan shall be submitted to and approved in<br />
writing by the Local Planning Authority showing the location and design of three bat<br />
boxes to be installed on the site in advance of any works to buildings taking place.<br />
Reason: To maintain the favourable conservation status of protected species, in<br />
accordance with Policy C11 of the Castle Morpeth Local Plan.<br />
16. Prior to development commencing, detailed plans and elevations shall be<br />
submitted to and approved in writing by the Local Planning Authority indicating the<br />
location of four bat crevice roost sites under the ridge tiles to be incorporated on the<br />
buildings. Thereafter, the development shall not be carried out other than in<br />
complete accordance with the approved details.<br />
Reason: To maintain the favourable conservation status of protected species, in<br />
accordance with Policy C11 of the Castle Morpeth Local Plan.<br />
9. Reason for Decision<br />
The proposed construction of a replacement dwelling on this site, and one additional<br />
dwelling unit, would accord in principle with Local Plan Policies H15 and PH2. The<br />
proposal would also accord in principle with the NPPF through the provision of new<br />
housing development in a sustainable location which would contribute to addressing<br />
the need for housing land in the area.<br />
The plot sizes for both of the proposed dwellings would be 0.2 hectares and would<br />
generally be commensurate to the size of other residential plots in the area<br />
surrounding the site. The proposal is in accordance with Local Plan Policy PH2 in<br />
this respect, and also with latest Government guidance in the NPPF where weight is<br />
given to ensuring the character of areas is preserved and enhanced.<br />
The subdivision of this site would not result in the breach of any clearly defined<br />
building lines, as the site is located to the rear of the properties which front on to<br />
Western Way. The proposal is therefore in accordance with Policy H11 of the Local<br />
Plan in this respect.<br />
Subject to the recommended conditions the proposal would be acceptable in terms<br />
of its siting and design, impact on neighbouring residential amenity, impact on<br />
ecological interests, access and car parking provision. The proposal therefore<br />
accords with the NPPF and Local Plan Policies H15 and C11 in these respects.<br />
Castle Morpeth Local Plan<br />
H15 New housing developments<br />
PH2 Housing development in Darras Hall<br />
C11 Protected species<br />
H11 Tandem and backland development<br />
Date of Report: 11.06.2012<br />
Background Papers:<br />
Planning application file(s) 12/00984/FUL
List and Comments of representations received:-<br />
Name Address Summary of Comments<br />
Mr M And Mrs E<br />
Thompson<br />
211 Western Way<br />
Darras Hall<br />
Newcastle Upon Tyne<br />
<strong>Northumberland</strong><br />
NE20 9ND<br />
See attached copy<br />
Mr P Gallon<br />
Dr A A Codd<br />
Mr P Calvert<br />
C M Dockerty<br />
213 Western Way<br />
Darras Hall<br />
Newcastle Upon Tyne<br />
<strong>Northumberland</strong><br />
NE20 9ND<br />
213A Western Way<br />
Darras Hall<br />
Newcastle Upon Tyne<br />
<strong>Northumberland</strong><br />
NE20 9ND<br />
215 Western Way<br />
Darras Hall<br />
Newcastle Upon Tyne<br />
<strong>Northumberland</strong><br />
NE20 9ND<br />
30 Hadrian Court<br />
Darras Hall<br />
NE20 9JU<br />
See attached copy<br />
See attached copy<br />
See attached copy<br />
See attached copy