Agenda item

OUTLINE APPLICATION TO CONSTRUCT 2 DORMER BUNGALOWS, FOLLOWING DEMOLITION OF GARAGES (WITH SOME MATTERS RESERVED)

LAND TO THE REAR OF 13 RUTLAND AVENUE, TOTON, NOTTINGHAMSHIRE, NG9 6EP

Outline application to construct 2 dormer bungalows following demolition of garages (with some matters reserved)

Land to the rear of 13 Rutland Avenue, Toton, Nottinghamshire, NG9 6EP

 

This application sought planning permission to construct two dormer bungalows on the land to the rear of 13 Rutland Avenue.  Details of access, and layout had been submitted as part of the application, with landscaping, scale and appearance reserved for future consideration (reserved matters). The existing garages on site are to be demolished. The main issues are whether the principle two dormer bungalows would be acceptable, if the development is acceptable in relation to access, layout and flood risk and whether there will be an unacceptable impact on neighbour amenity.

 

Councillor L Fletcher requested this application be determined by Planning Committee.

 

Members considered the late items and there were 8 Consultation responses (29.08.20, 31.08.20,1.09.20,2.09.20,3.9.20) with two of these from the same individual, all of which object to the application. These comments can be summarised as follows:

• Better consideration has been given but many former objections still remain.
• Dormer bungalows could still be the same height as a semi-detached house.
• Unsure of which way the bungalows will face.
• Single storey bungalows would be more in keeping with the surrounding area.
• Loss of light, privacy and overlooking due to dormers and being too close to neighbouring boundaries.
• Existing garages and proposed developable area are elevated above neighbouring gardens which will increase overlooking.
• The bungalow will be higher due to flooding requirements
• Questions why it has to be so close to neighbouring property and that it should align with rear elevation.
• Requests to reserve the right to comment on where the dormer windows are positioned if the application is granted permission.
• Bin store position could cause issues with traffic, rubbish will be blown into the road and it will cause odours.  They should be positioned next to the bungalows.
• Bin storage is out of character with current arrangements that operate on Chetwynd Road.
• Bin stores will attract vandalism, anti -social behaviour and used by passers-by.
• Flooding should be addressed.
• Should only be single storey due to increase in ground floor level required due to its location in a flood zone.
• All surface water run off should be contained within the site.
• Mature trees will be adversely affected. Care should be taken to minimise impact on these.

 

Mr Michael Lucking (applicant) submitted a formal written representation that

was read to members of the Committee. Mr Alistair Harris (Objector) submitted a formal written representation that was read to members of the Committee.

 

Members debated the application and the following comments were amongst those noted:

 

• The impact on neighbour amenity
• Permitted development changes

 

RESOLVED that planning permission be granted subject to the following conditions which includes an additional condition to remove permitted development rights as requested by Members.

 

1.    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.

 

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

 

3.    The outline permission relates to drawings:

 

·         Site Location Plan (1:1250) received by the Local Planning Authority on 29 April 2020 and

·         Block Plan Rev F (2194/03) (1:1250) received by the Local Planning Authority on 25 August 2020.

 

4.         Before any development is commenced, detailed drawings and  particulars showing the following (the ‘Reserved Matters’) shall be submitted to and approved by the Local Planning Authority:

 

a) the scale and external appearance of the dwellings;

b) the landscaping treatment of the site.

 

The development shall be carried out strictly in accordance with the approved details.

 

5.         a) No part of the development hereby approved shall be commenced until an investigative survey of the site has been carried out and a report submitted to and approved in writing by the Local Planning Authority. The survey must have regard for any potential ground and water contamination, the potential for gas emissions and any associated risk to the public, buildings and/or the environment. The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems.

 

b) No building to be erected pursuant to this permission shall be occupied or brought into use until:-

 

(i) All necessary remedial measures have been completed in accordance with details approved in writing by the Local Planning Authority; and

 

(ii) It has been certified to the satisfaction of the Local Planning Authority that necessary remedial measures have been implemented in full and that they have rendered the site free from risk to human health from the contaminants identified.

 

6.    Prior to the first occupation of the dwellings hereby approved, the  development shall be constructed in accordance with the submitted Flood Risk Assessment Rev A prepared by TDI dated 12 August 2020. The finished floor levels shall be set no lower than 29.63m AOD. This mitigation measure shall be maintained and retained for the lifetime of the development.

 

7.    The dwellings hereby approved shall not be first occupied until:

 

·         the private shared driveway is constructed in accordance with the Block Plan 2194/03 Rev F;

·         the dropped vehicular footway crossing on Chetwynd Road has been widened and available for use;

·         The access drive is surfaced in a hard, bound material (not loose aggregate) for a minimum of 5.5m behind the highway boundary and designed to prevent the unregulated discharge of surface water onto the public highway and

·         the bin store as shown on Block Plan 2194/03 Rev F is constructed and made available for use.

 

The dropped vehicular footway crossing and bin store shall then be maintained in such form for the lifetime of the development.

 

8.   The detailed drawings and particulars required under condition 4(b) shall include the following details:

 

a.    numbers, types, sizes and positions of proposed trees and shrubs

b.    details of boundary treatments (including the bin store);

c.    proposed hard surfacing treatment;

d.    planting, seeding/turfing of other soft landscape areas; and

e.    a timetable for implementation of the scheme.

 

The approved scheme shall be carried out strictly in accordance with the approved details.  Soft landscaping shall be carried out not later than the first planting season following the substantial completion of the development and any trees or plants which, within a period of 5 years, die, are removed or have become seriously damaged or diseased, shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority, unless written consent has been obtained from the Local Planning Authority for a variation.

 

9.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any Order revoking or re-enacting this Order, no extensions, enlargements, or roof alterations shall be carried out to the dwellings hereby approved which come within Class A, B and C of Schedule 2 Part 1 of the Order without the prior written permission of the Local Planning Authority by way of a formal planning permission.

 

10.   No construction or site preparation work in association with this permission shall be undertaken outside of the hours of 07.30-18.00 Monday to Saturday and at no time on Sundays or Bank Holidays. Exceptionally, specific works or operations may be carried out outside these times, but these must be agreed in writing with the Local Planning Authority 7 days in advance of being undertaken.

 

REASONS

 

1.    To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

2.    To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

3.    For the avoidance of doubt.

 

4.    The application was submitted in outline only and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of the development commencing in the interests of ensuring the details of the development are acceptable to the Local Planning Authority.

 

5.    No such details were specified with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of the development commencing to ensure that the details are satisfactory in the interests of public health and safety and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy.

 

6.         To reduce the risk of flooding and in accordance with the aims of Policy 1 of the Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

7.       In the interests of highway safety and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policies 10 and 14 of the Broxtowe Aligned Core Strategy (2014).

 

8.      No such details were submitted with the application and to ensure the development presents a satisfactory standard of external appearance to the area and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

9.       In the interests of protecting the privacy of neighbouring properties and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).10.

 

10.    In the interests of the amenities of nearby residents and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

 

 

NOTES TO APPLICANT

 

1.     The Council has acted positively and proactively in the determination of this application by seeking positive amendments and working to determine it within the agreed determination timescale.

 

2.     The submitted plans relate to access and layout only and does not approve landscaping, scale or appearance.

 

3.     No waste shall be burnt on site at any time.

 

4.     The applicant is advised to contact the Council’s Waste and Recycling Section (0115 917 7777) to discuss waste and refuse collection requirements.

 

5.     The development makes it necessary to construct a dropped kerb crossing over a footway of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. Works will be subject to a design check and site inspection for which a fee will apply. The application process can be found at:

http://www.nottinghamshire.gov.uk/transport/licencespermits/temporary-activities