Case Officer: Tony Wallace File No: CHE/15/00050/FUL Tel. No: Plot No: 2/ st June 2015 ITEM 1

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1 Case Officer: Tony Wallace File No: CHE/15/00050/FUL Tel. No: Plot No: 2/ st June 2015 ITEM 1 FULL PLANNING APPLICATION FOR THE ERECTION OF 2 BEDROOM BUNGALOW WITH DETACHED GARAGE AT LAND ADJACENT TO 51B JOHN STREET, BRIMINGTON, CHESTERFIELD Local Plan: Unallocated Ward: Brimington North 1.0 CONSULTATIONS Highways DCC Ward Members Environmental Health Drainage Services Yorkshire Water Neighbours/Site Notice No objection No comments received No objection No objection No comments received 2 representations received 1.1 The proposal was publicised by neighbour letter and the statutory period of publicity has expired. 2.0 SITE LOCATION AND DESCRIPTION 2.1 A plot of enclosed land in the settlement of Brimington, located on a residential street, and surrounded by residential properties. The land rises to the rear (south) and excavations and footings are visible within the site, the footings corresponding to the proposed dwelling. There is a pile of excavated earth to the rear of the site, and the rear of the site is appreciably higher than the adjoining properties rear garden at No.51B John Street. The rear gardens of a bungalow and semi-detached dwelling adjoin the eastern side boundary of the site, whilst there is a semi-detached dwelling adjoining to the west. To the rear of the site is a brick wall and beyond this the rear yards of semi-detached dwelling s with rear elevations facing towards the application site.

2 3.0 SITE HISTORY 3.1 The following history of the site is relevant to the consideration of the proposal: CHE/09/00664/FUL Renewal of CHE/06/00825/FUL - detached three bed single dwelling with amendments to include attic conversion and single garage. RETURNED CHE/09/00335/FUL Renewal of CHE/06/00825/FUL - detached three bed single dwelling with amendments to include attic conversion and single garage. RETURNED CHE/06/00825/FUL Amendment to approved plans to include attic conversion and erection of detached single garage. GRANTED CHE/06/00599/FUL Detached 3 bed single dwelling. GRANTED CHE/06/00171/FUL A pair of semi detached two bed dwellings. GRANTED There is no relevant history of nearby sites. 4.0 THE PROPOSAL 4.1 Full planning for a single storey detached dwelling and a detached single garage with vehicular access and driveway off John Street. The dwelling and garage would have dual pitched roof s and gable ends, the gable ends facing north and south. The dwelling would be 5.40m tall to ridge, eaves at 2.60m, width 6.00m and length 10.00m. The garage would be 3.75m to ridge, 2.5m to eaves, 6.0m long and 3.48m wide. The proposed external materials are Bisque Red Brick and flat concrete tiles by a company called Lagen. 4.2 A fence is proposed to the western side boundary and rear boundary (no details of appearance/materials provided) and metal (iron) railings to the front boundary. The proposed layout shows the dwelling located on a north-south axis, with an access and driveway to its eastern side. The dwelling would be positioned between 50cm to 58cm in from the side elevation of No.51B John Street (the neighbouring semi-detached

3 dwelling to the west) and 2.4m away from the eastern side boundary with properties on Cross Street. The proposed garage would be to the rear of the site and adjoining the rear boundaries of No.4 and No.6 Cross Street. 4.3 The applicant, further to their initial application has submitted plans which show the levelling of the rear of the site adjacent to the side boundary with No.51B John Street, such that the rear curtilage of the application site will be level with that of No.51B John Street. The plans submitted also show a boundary fence of 2.0m in height above the ground level of No.51B John Street s rear curtilage. 5.0 CONSIDERATONS The Development Plan 5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and section 70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The relevant Development Plan for the area comprises of the saved policies of the Replacement Chesterfield Borough Local Plan adopted June 2006 (RCLP) and the adopted Chesterfield Local Plan: Core Strategy ( ). Replacement Chesterfield Borough Local Plan Policies ( RCBLP ) 5.2 There are no saved Local Plan policies relevant to the decision. Chesterfield Local Plan: Core Strategy ( Core Stategy ) CS1 CS2 CS3 CS4 CS6 CS7 CS8 CS9 CS10 Spatial Strategy Principles for Location of Development Presumption in Favour of Sustainable Development Infrastructure Delivery Sustainable Design and Construction Managing the Water Cycle Environmental Quality Green Infrastructure and Biodiversity Flexibility in Delivery of Housing

4 CS11 CS17 CS18 CS20 Range of Housing Social Infrastructure Design Influencing the Demand for Travel National Planning Policies 5.3 The Sections of the National Planning Policy Framework (NPPF) relevant to the consideration of the proposal are; 1. Building a Strong, Competitive Economy 4. Promoting Sustainable Transport Objectives 6. Delivering a Wide Choice of High Quality Homes 7. Requiring good design 8. Promoting Healthy Communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving and Enhancing the Natural Environment Other Relevant Policy and Document 5.4 Supplementary Planning Documents relevant to the decision are; SPD Successful Places (adopted July 2010). SPD - Designing Out Crime (adopted June 2007). 5.5 Other relevant documents include; -Manual for Streets 2 (DfT March 2007) -National Planning Practice Guidance -Northern Sub Region SHMA (Fordham research - September 2007) -BRE Report 209: Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (2 nd Edition 2011) - Places, Homes, People English Partnerships Quality Standards (Nov 2007)

5 5.6 Key Issues 1 Principle Of Development 2 Local Character, Amenity and Design 3 Highway Safety and Parking Provision 4 Pollution Control 5 Land Stability 6 Flood Risk and Drainage 7 Biodiversity 1. Principle of Development 5.7 The site is previously developed land and there appears to be an implemented permission as a result of the excavations and footings on the site thereby authorising a lawful start on permission CHE/06/00825/FUL. Notwithstanding the Council not being able to demonstrate a 5 year deliverable supply of land for housing, the principle of a new dwelling in this location, which is an urban area, close to a centre is acceptable and in this respect would accord with policies CS1, CS2 and CS10 of the Core Strategy and the NPPF. The type of house proposed (2 bedroom bungalow) would meet a demand and a need in the Borough and so represents an appropriate mix in accordance with policy CS11 of the Local Plan and the NPPF. 2. Local Character, Amenity and Design 5.8 The locality is mainly characterised by 2-storey buildings and the proposal would be single storey. However, the site would be adjoining a property with a bungalow and so its scale and its layout would to a degree reflect the existing pattern of development. The front elevation is likely to appear unusual in the streetscene due to its single storey, gable end and lack of door (displaying just windows), being set no further back than the front elevation of No.51B John Street. However, the proposed single storey height would be appropriate as would the axis of the roofs ridge in order to reduce any adverse effects on the outlook, daylight and sunlight to the neighbouring bungalow to the east. The incongruity should however be diluted by the existing variety in fenestration evidence nearby and the use of external materials that are of a similar appearance to those used on No.51B John Street. A condition can be applied to require external materials samples to be submitted and approved. The proposed front curtilage should be unenclosed or have a low brick wall to be consistent with its

6 surroundings, as opposed to the metal railings proposed. A condition is necessary to this effect. 5.9 Subject to conditions the developments impact on visual amenity and local character would not conflict with the Council s adopted SPD Successful Places, Core Strategy policies CS2, CS18 and the NPPF. Neighbouring Occupiers Amenity 5.10 The proposal would not conflict with the 25 and the 45 degree approach s in the BRE Report 209: Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (2 nd Edition 2011) and the Council s SPD Successful Places, in respect of the rear facing habitable room windows on No.51B John Street or rear facing habitable room windows on dwellings on Cross Street to the east. As such daylight levels to neighbouring dwellings would not be significantly reduced In respect of sunlight there would be no significant loss to adjoining properties habitable rooms or gardens, having regard to the scale and siting of the development, the guidance in the BRE Report 209: Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (2 nd Edition 2011) and the Council s SPD Successful Places Provided that a boundary fence is provided to the side boundary with No.51B John Street, that does not exceed 2.0m in height above the ground level of that neighbouring dwelling (and is no lower than 1.7m), then the proposal would not have an adverse effect on privacy Outlook from adjoining properties would not be significantly affected. The main impact would be on views to the side from the glazed conservatory/porch on the rear of No.51B John Street and from the rear garden of the Bungalow to the east. However, the conservatory/porch would retain a reward outlook and the single storey height of the new would be set against the two storey gable of No.51B John Street, the impact on amenity being insignificant The proposal in terms of impact on neighbouring occupiers amenity, would accord with the Council s SPD Successful Places, Core Strategy policies CS2 and CS18 and the NPPF In respect of future occupiers, reasonable levels of internal space, amenity space, daylight, sunlight, outlook and privacy would be

7 achieved and in these respects the proposal would accord with the Council s adopted SPD Successful Places, policies CS2 and CS18 of the Core Strategy and the NPPF. Sustainable Design 5.16 The scale of the development is such that there it would be unreasonable to impose a requirement for a particular BREEAM or CfSH level and Building Regulations are sufficient to accord with Core Strategy policy CS6 and the NPPF in terms of sustainable design. Community Safety and inclusive Access 5.17 The proposal would not be likely to adversely affect inclusive access nor community safety and the proposal would not conflict with Core Strategy policy CS18 and the NPPF in these respects. 3. Highway Safety and Parking Provision 5.18 The Highway Authority has raised no objection subject to conditions. Significant weight is given to the comments of the Highway Authority and subject to the recommended conditions (with the exception of that requiring inter-visibility splays given that this is not possible and not necessary), there would be no conflict in terms of impact on highway safety and traffic flow, with Core Strategy policies CS2, CS18 and CS20 and the NPPF. 4. Pollution Control 5.19 The Borough Council s Environmental Health Officer (EHO) raises no objection to the development. Giving weight to the history of the site, surrounding land uses and the comments of the EHO the proposal would be suitable in this location in respect of risk from pollution without a need for further information. Consequently in this respect the proposal would accord Core Strategy policies CS2, CS8 and CS18 and the NPPF. 5. Land Stability 5.20 The development is in an area of coal mining subsidence risk and within a Coal Authority standing advice area. The Coal Authority has advised for such developments that the risk would be acceptable subject to a footnote being provided on any grant of permission

8 decision notice. Subject to such a footnote the proposal would not be contrary to Core Strategy policy CS8 and the NPPF in respect of risk from land stability. 6. Flood Risk and Drainage 5.21 The proposal is in a low flood risk area and is appropriate in this location in terms of flood risk management. The surface water from the site should be drained on a separate system and to soakaways as first preference and a condition is necessary to ensure that a sustainable approach is taken to surface water drainage. Subject to such a condition the development would be in accordance with Core Strategy policies CS2 and CS7 and the NPPF. 7. Biodiversity 5.22 No significant issues are present given the nature of the development. The proposal would not conflict with Core Strategy policy CS9 and the NPPF. 6.0 REPRESENTATIONS of objection (51B John Street) and 1 of support (Chesterfield resident) has been received. The issues raised are summarised as follows: Support: 1. Redevelopment of a vacant plot with a well-designed infill development. 2. Will fill in a gap left in streetscene by demolition of previous building on the site. Objection: 3. If gap between new dwelling (including any soffits and guttering) and No.51B John Streets side elevation is less than 1.0m it will be very difficult and more costly to maintain the eastern gable of No.51B. 4. No levels submitted so difficult to visualise impact of a 2m high fence next to the conservatory of No.51B John Street and on the recently raises area of land in the south west corner of the site.

9 5. Recently raised area of rear of site (south west corner) uses boundary wall with No.51B John Street as a retaining wall and there is concern at the extra loading and moisture arising, and the implications of this for maintenance of the wall. 6. If boundary fence erected it will be difficult or impossible to maintain the boundary wall with No.51B John Street, and the eastern elevation of No.51B John Street (including conservatory). 6.2 The Local Planning Authority could not legitimately refuse the application on the basis that it would prejudice maintenance of the adjoining properties as this is a private matter and does not directly harm amenity (residential or visual), a gap not being necessary to avoid an adverse visual effect on the streetscene. 6.3 The matter of residential amenity in respect of a boundary fence and levels within the site has been considered in the main issues section of this report. Currently a 2m tall fence could be installed adjoining the boundary opposite the conservatory of No.51B John Street without a requirement for planning permission and would have no less effect than that of the proposed development. 7.0 HUMAN RIGHTS ACT Under the Human Rights Act 1998, which came into force on 2 nd October 2000, an authority must be in a position to show:- Its action is in accordance with clearly established law. The objective is sufficiently important to justify the action taken. The decisions taken are objective and not irrational or arbitrary. The methods used are no more than are necessary to accomplish the legitimate objective. The interference impairs as little as possible the right or freedom. 7.2 The action in considering the application is in accordance with clearly established Planning law and the Council s Delegation scheme. The objective of arriving at a decision is sufficiently important to justify the action taken over the period of the life of the application. The decision taken is objective, based on all planning considerations and is, therefore, not irrational or arbitrary. The methods used are no more

10 than are necessary and required to accomplish the legitimate objective of determining an application. 7.3 The interference caused by a refusal, approval or approval with conditions, based solely on planning merits, impairs as little as possible with the qualified rights or freedoms of the applicant, an objector or consideration of the wider Public Interest. 7.4 The recommended conditions are considered to be no more than necessary to control details of the development in the interests of amenity and public safety and which interfere as little as possible with the rights of the applicant. 8.0 CONCLUSIONS 8.1 Subject to conditions the proposal would accord with the Development Plan and NPPF. There are no other materials considerations of sufficient weight to warrant a determination not in accordance with the Development Plan. 9.0 Statement of Positive and Proactive Working With Applicants 9.1 The Government (since the 1 st December 2012) requires LPA s to include a statement on every decision letter stating how they have worked with the applicant in a positive and proactive way, in line with the requirements in paragraphs 186 and 187 of the NPPF. 9.2 Given that the proposed development conflict s with the NPPF and with up-to-date Development Plan policies, it is not considered to be sustainable development and there is no presumption on the LPA to seek to approve the application. The LPA has been sufficiently proactive and positive in proportion to the nature and scale of the development applied for, using conditions where appropriate to resolve outstanding issues and asking for further information on site dimensions and levels form the Applicant in order that the proposal can be considered RECOMMENDATION 10.1 That the application be GRANTED permission subject to the following conditions: 01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

11 02 Before construction works to the new dwellings commences, precise specifications or samples of the walling and roofing materials to be used shall be submitted to the Local Planning Authority for consideration. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development unless otherwise agreed by the Local Planning Authority in writing. 03 Prior to development commencing a scheme of foul water and surface water drainage (incorporating a separate system of foul and surface water and soakaways if feasible) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the scheme so approved. 04. Notwithstanding the submitted details, prior to the first occupation of dwellings hereby permitted commencing, a scheme for a means of enclosure (not railings) for the front curtilage of the new dwelling and to run along the side boundary of the site with No.51B John Street shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented. The means of enclosure so implemented shall be retained thereafter and not altered. 05 Prior to the first occupation of the dwelling hereby permitted commencing, a new vehicular access (including dropped footway crossing) shall be created to the highway in accordance with the application drawings and constructed to the approved specification of Derbyshire County Council Highway Authority. The access so formed shall be retained thereafter. 06 Prior to the first occupation of the dwelling hereby permitted commencing, a driveway not less than 10m in length and 2.4m in width constructed in a water permeable but bound hard surfacing material, shall be constructed in the position shown on the application drawings and shall be retained thereafter. This area shall be maintained free of any impediment to parking whilst so ever the dwelling exists. 07 The driveway hereby permitted should not exceed a maximum longitudinal gradient of 1 in Prior to development commencing details of existing and proposed levels to the rear curtilage of the site shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first

12 occupation of the dwelling hereby permitted commencing the approved levels shall be carried out in full and retained as such thereafter. 09 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent legislation, there shall be no extensions (including to the roof), new windows or doors on/in the dwelling hereby permitted, or new means of enclosure or alterations to existing ones without the permission of the Local Planning Authority. 10 Unless otherwise agreed in writing by the Local Planning Authority work for the development shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment. 11 All external dimensions and elevation treatments shall be as shown on the approved plans with the dwelling not being sited closer than 50cm to the side elevation of No.51B John Street and not closer than 2.4m to the sites side boundary with The Comma and No.6 Cross Street, with the exception of any approved non material amendment or modifications required by other conditions on this permission. Reasons for Conditions 01. The condition is imposed in accordance with section 51 of the Planning and Compensation Act In the interests of visual amenity and local character and to accord with policy CS18 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 03 In the interests of pollution and flood risk control and to accord with policies CS2 and CS7 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 04 In the interests of privacy, visual amenity and local character and to accord with policies CS2 and CS18 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework.

13 05 In the interests of highway safety and to accord with policies CS2, CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 06 In the interests of highway safety and to accord with policies CS2, CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 07 In the interests of highway safety and to accord with policies CS2, CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 08 In the interests of privacy and visual amenity and to accord with policies CS2 and CS18 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 09 In the interests of residential amenity and to accord with policies CS2 and CS18 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 10 In the interests of privacy and residential amenity and to accord with policies CS2 and CS18 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 11. In order to clarify the extent of the planning permission in the light of guidance set out in "Greater Flexibility for planning permissions" by CLG November Notes 01 If work is carried out other than in complete accordance with the approved plans, the whole development may be rendered unauthorised, as it will not have the benefit of the original planning permission. Any proposed amendments to that which is approved will require the submission of a further application. 02 The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on It should be noted that this site may lie in an area where a current licence exists for underground coal mining. Further information is also available on the Coal Authority website at:

14 coal-authority. Property specific summary information on past, current and future coal mining activity can be obtained from: This standing advice is valid from 1st January 2015 until 31st December This approval contains condition/s which make requirements prior to development commencing. Failure to comply with such conditions will render the development unauthorised in its entirety, liable to enforcement action and will require the submission of a further application for planning permission in full. 04. Pursuant to Section 151 of the Highways Act 1980, the applicant must take all necessary steps to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant's responsibility to ensure that all reasonable steps are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness. 05. Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the existing highway measures shall be taken to ensure that surface water run-off is prevented from escaping across the footway margin of the road by means of a barrier. 06. Under Section 50 (Schedule 3), New Roads and Street Works Act 1991, before any excavation works are commenced within the limits of the existing highway, at least 6 weeks prior notification shall be given to the County Highway Authority (contact the Streetworks Co-ordinator - tel.no ). 07. Under Section 184, Highways Act 1980 and Section 86(4) of the New Roads and Street Works Act 1991, at least 12 weeks prior notification shall be given to the Maintenance Manager, tel: , before any works commence within highway limits for the proposed vehicular access. 08. The applicant is advised to use a solid bound material for driveways and parking spaces for highway safety reasons. The introduction of loose material onto the highway, for example through vehicles leaving the driveway or through materials being washed onto the highway/footpath in wet weather can cause danger to users of the highway. This may result in the owners of individual dwellings being liable to prosecution under Section 151 of the Highways Act The use of a solid bound material would avoid these problems.