For:      Arena Estates Ltd, per Mr SRB Bell, Stephen R. Bell Design, 173 Lower High Street, Stourbridge, West Midlands, DY8 1TG

 

Ward: Aylestone

 

To consider a planning application which has been referred to the Committee because the Central Area Planning Sub-Committee was mindful to refuse it contrary to policy and officer recommendations.

The Development Control Manager said that the Central Area Planning Sub-Committee was minded to refuse planning permission contrary to recommendation.  He said that the Sub-Committee had given weight to the objections from local residents and were concerned at the loss of the existing single dwelling and its replacement with 6 self contained flats. They were also concerned about increased traffic and car parking.  He provided the Committee with the following updates:

 

The following letter has been received by Councillor Wilcox from the occupant of 96 Aylestone Hill.

 

“I thank you for your e-mail and subsequent letter outlining the discussions and decision to refuse the above application presented to the Central Area Planning Committee in March.

 

Mr Harry Speight of 15 Walney Lane was present at the meeting and informed me of discussion and outcome.

 

As I wrote in my letter of objection, should this application be eventually passed it will set a precedent for the future development of Aylestone Hill. I thank you and Councillor Vaughan for resisting the construction of flats within an area of the City which is predominantly single dwellings in spacious plots.

 

However I think such resistance is a lost cause in the present climate of Town development. Many of the Victorian houses at the south end of Aylestone Hill are being converted into flats, whilst I watched, with sadness, Carfax being demolished to make way for the large block of flats known as The Point at the ‘top’ of the Hill.

 

With such inevitability, I would hope that such blocks would be constructed within existing building lines and that associated car parking areas be located to the side or rear, with a control on front parking to avoid the total destruction of gardens, which help to form the Conservation landscape of the Hill.

 

My objection to the proposed development at ‘84’ was based upon my concern with the design and location of the associated car parking, as well as the fact that the block is well forward of the Walney Lane building line.

 

We can see what happens when a building is converted into multiple flats; the greenery of a front garden disappears under a sea of gravel and the road boundary becomes a 1.5m ‘solid’ timber fence.

 

I disagree with the Traffic Manager’s observations that “the access is safe and that adequate parking has been proposed within the application”. The proposed design indicates double-banked parking for residents and visitors, which is not practical.

 

What will happen? Visitors to the flats will park their cars on the Walney Lane entrance splay or on the lay-by outside 94-98 Aylestone Hill. Hopefully this will be stopped with the introduction of “No Parking” for these areas.

 

It seems inevitable that as soon as the Planners ‘backs are turned’ the given parking area for the flats will be enlarged to cover most of the front garden.

 

I am of the opinion that the nature of the Conservation Area that we presently enjoy on Aylestone Hill has no future. The houses set in large gardens on the north side of the hill, both east and west sides, which have no architectural merit, will be demolished to make way for large blocks of flats. The Traffic Manager has given the green light with the statement: “the local highway network has sufficient capacity”.

 

Such developments have been going on in leafy suburbia about most major Cities; it’s now reached Hereford.

 

This is yet another example of a Planning Application where the local Councillors and/or Officers may wish to limit development but are feared to so do, for should the Developer win his case at Appeal, the local tax payer will foot the bill.”

 

 

The Development Control Manager said that the applicant had agreed to increase the total parking provision on the site to nine spaces and to use “grasscrete” or a similar material for the car-park surfacing.  The applicant had also agreed to enter into a Section 106 agreement to pay for a Traffic Regulation Order to prevent parking in the recently widened entrance and first section of Walney Lane. The Transportation Manager had no objection to the proposals.  The view of the Officers was that should the site be developed for flats, it would not be conspicuous because there were others nearby. The footprint of the new building would be different and larger than the existing one but would not significantly change the character of the built form of the area.  The general scale was comparable to the neighbouring dwelling to the north.  In these circumstances a refusal of permission would be very difficult to defend on appeal.

 

The Committee discussed the details of the application and noted the steps agreed with the applicant to overcome the objections that had been raised.  In answer to a question from Councillor PJ Watts about retaining the trees, the Development Control Manager said that they would be protected through the landscaping scheme to be approved by the officers, and by virtue of being in the Conservation Area.

 

 

RESOLVED:

 

That   

 

1)      the Head of Legal and Democratic Services be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 subject to the Heads of Terms attached to this report an any additional matters and terms as he considers appropriate;

 

2)      upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any other conditions considered necessary by officers.

 

Note to applicant:

 

1)      this permission is granted pursuant to an agreement under Section 106 of the Town and Country Planning Act 1990.

 

        CE2008/0220/F

 

1       A01 (Time limit for commencement (full permission) )

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2       B01 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

3       H13 (Access, turning area and parking )

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

4       G04 (Landscaping scheme (general) )

 

         Reason: In order to protect the visual amenities of the area.

 

5       G05 (Implementation of landscaping scheme (general) )

 

         Reason:  In order to protect the visual amenities of the area.

 

6       G09 (Retention of trees/hedgerows )

 

         Reason: To safeguard the amenity of the area.

 

7       G18 (Protection of trees )

 

         Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

 

8       H29 (Secure covered cycle parking provision )

 

         Reason: To ensure that there is adequate provision for secure covered cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

9         Notwithstanding the submitted details, the finished floor level of the development hereby permitted shall be constructed at 76.400

 

         Reason: in order to define the permission and to ensure the development is of a scale and height appropriate to the site and its surroundings.

 

10     F16 (Restriction of hours during construction )

 

         Reason: To protect the amenity of local residents.

 

11     H27 (Parking for site operatives )

 

         Reason: To prevent indiscriminate parking in the interests of highway safety.

 

12     The development hereby permitted shall not occupied until evidence documenting the foul drainage connection to the mains sewer has been submitted to and approved in writing by the local planning authority.

 

         Reason: To ensure satisfactory drainage arrangements are provided.

 

13     Foul and water surface discharges shall be drained separately from the site.

 

         Reason: To protect the integrity of the public sewerage system.

 

14                No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the local planning authority.

 

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

15     Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

 

          Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

16      F39 (Scheme of refuse storage)

 

          Reason: In the interests of amenity.

 

17       The development shall be designed and constructed to meet level three of the Code for Sustainable Homes: A Step change in Sustainable Home Building Practice Design dated December 2006 or equivalent standard as may be agreed in writing with the local planning authority.  No development shall commence until authorised certification has been provided confirming compliance with the agreed standard and prior to the occupation of the last dwelling, further certification shall be provided confirming that the development has been constructed in accordance with the agreed standard.

 

Reason: To promote the sustainability of the development hereby approved in accordance with Policies S1 and H13 of the Herefordshire Unitary Development Plan and PPS1 Supplement ‘Planning and Climate Change’

 

 

INFORMATIVES:

 

1       There are no foul/surface water sewers in the immediate vicinity.  It is therefore likely that off-site sewers will be required to connect to the public sewerage system.

 

         If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155.

 

2       N15 - Reason(s) for the Grant of PP/LBC/CAC

 

3        N19 - Avoidance of doubt

 

DCCE2008/0225/C

 

1.       C01 (Time limit for commencement (Listed Building Consent)

 

Reason: Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2.       G18 (Protection of trees)

 

Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

 

2                    C14 (Signing of contract before demolition).

 

Reason: Pursuant to the provisions of Section 71(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

INFORMATIVES:

 

1       N15 - Reason(s) for the Grant of PP/LBC/CAC

 

2       N19 - Avoidance of doubt