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(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

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