Senior Planning Officer. Nicola Thompson:

Transcription

1 ITEM 6a Application Number: 18/01147/FUL Description Part single front and side and part two storey side extensions with side dormers to facilitate loft conversion to provide 2 additional flats. AT 46 Newport Road, Woolstone, Milton Keynes, MK15 0AA FOR UK Housing Sites Ltd Target: 5 July 2018 Extension of Time: Yes Ward: Campbell Park and Old Woughton Parish: Campbell Park Report Author/Case Officer: Samantha Taylor Senior Planning Officer Contact Details: samantha.taylor2@milton-keynes.gov.uk Team Manager: Nicola Thompson: nicola.thompson@milton-keynes.gov.uk 1.0 RECOMMENDATION It is recommended that planning permission is granted subject to the conditions recommended at section 7.0 of this report. 2.0 INTRODUCTION The Site 2.1 The application site is a former office building located along Newport Road, Woolstone. The building is situated within the rear of the site, with parking located to the front, accessed from Newport Road. It is understood that construction hoarding has been placed on the site, in light of the recent prior approval applications for office to residential conversion. 2.2 The access from Newport Road also serves 46A Newport Road, which is positioned adjacent to Newport Road. 2.3 The proposed development seeks to utilise the existing parking area serving the office building, with some minor layout changes to improve the existing provision. The landscaping and existing boundary treatments on site will be retained as existing, this includes the hedgerow to the front of the site along Newport Road.

2 The Proposal 2.4 The application is subsequent to earlier prior notification applications to change the use of the building from offices to 9 residential homes (reference 17/01739/PNB1C3) and to 12 residential homes (reference 18/01096/PANB1C). The scheme to provide 12 residential homes on the site is the most recent consent. The current full planning application seeks permission for a part single storey front and side extension and part two storey side, with the conversion of the loft to provide an additional 2 residential homes, subsequent to the 9 home scheme approved under 17/01739/PNB1C3. In total 11 residential homes would be provided. 2.5 Only one of the prior notification applications can be implemented. The application before Members was made before the submission and determination of the later prior notification for 12 residential homes. The floorplans show 9 units, on the lower floors which broadly conform to the scheme submitted for the prior notification application. Given this, and the description for an additional 2 units, the current application is considered to be subsequent to 9 unit prior notification scheme 17/01739/PNB1C3. Reason for referral to committee 2.5 The application has been referred to the Development Control Committee for determination due to the call in requests of Ward Cllr MacDonald, Ward Cllr Brackenbury and Campbell Park Parish Council. 3.0 RELEVANT POLICIES 3.1 National Planning Policy Framework (2018) Section 2 - Achieving sustainable development Section 5 - Delivering a sufficient supply of homes Section 8 - Promoting healthy and safe communities Section 9 - Promoting sustainable transport Section 11 - Making effective use of land Section 12 - Achieving well-designed places In addition, the National Planning Practice Guidance is a material consideration. The Development Plan 3.2 Draft Campbell Park Neighbourhood Plan The Campbell Park Neighbourhood Plan has been submitted to the Authority, consulted on and reviewed by an external examiner. The examiner has reviewed the submitted plan, and agreed up number of changes in order to bring the Plan into conformity with the basic conditions required for Neighbourhood Plans to be adoptable. The changes have been agreed and the Neighbourhood Plan is subject to a referendum on 11 th October If the Plan receives a majority yes vote, the Plan will become made once adopted by the Council. At this point the Neighbourhood Plan Policies would become part of the Development Plan and carry full weight. Given the stage of the Neighbourhood Plan within

3 the adoption process, the policies contained within the Plan currently do not carry full weight, but significant weight. The following policies are considered relevant to the consideration of this planning application: Housing Policy 2 Housing Policy 3 Connectivity Policy 1 Environmental Policy 2 Design Policy 1 Heritage Policy 1 Housing Needs Summary at Appendix Core Strategy (2013) CSA: Presumption in Favour of Sustainable Development CS1: Milton Keynes Development Strategy CS10: Housing CS11: A Well Connected Milton Keynes CS12: Developing Successful Neighbourhoods CS13: Ensuring High Quality, Well Designed Places CS18: Healthier and Safer Communities 3.4 Saved Policies of the Local Plan (2005) D1: Impact of Development Proposals on Locality D2A: Urban Design Aspects of New Development D2: Design of Buildings T1: The Transport User Hierarchy T2: Access for those with Impaired Mobility T3: Pedestrians and Cyclists T10: Traffic T11: Transport Assessment and Travel Plans T15: Parking Provision 3.5 Supplementary Planning Documents New Residential Development Design Guide (April 2012) Parking Standards (January 2016) 3.6 Human Rights Act 1998 There may be implications under Article 8 and Article 1 of the First Protocol regarding the right of respect for a person's private and family life and home, and to the peaceful enjoyment of possessions. However, these potential issues are in this case amply covered by consideration of the environmental impact of the application under the policies of the development plan and other relevant policy guidance.

4 4.0 MAIN ISSUES Principle of development Highway matters and parking Impact on character of the area Impact on Designated Heritage Assets Design Residential amenity Landscape Drainage and flood risk Affordable Housing 5.0 CONSIDERATIONS Principle of development Previous Planning Applications and Decisions 5.1 There have been a number of recent application on the site. The most relevant are summarised below: 17/01739/PNB1C3 Prior approval was required and approved for the change of use of the building from an office to 9 residential homes. 17/02409/FUL an application was withdrawn for the alterations to the existing access and parking layout to provide 2 accessible parking spaces from Newport Road 17/03346/FUL - an application was withdrawn for Part single, part two storey side extensions, side dormers to facilitate a loft conversion to provide 3 additional residential units. 18/00209/CLUP a Certificate of Lawfulness was approved for the reorientation of 2 parking spaces and a new vehicular access from Newport Rd in addition to the re-surfacing of existing hard standing area for the demarcation of parking bays. 18/01096/PANB1C Prior approval was required and approved for the change of use of the building from an office to 12 residential homes 5.2 The above history identifies that the applicant has consent to change the use of the building to either 9 or 12 residential homes, without requiring further permission from the Authority. Through these notification applications, the applicant has confirmed they have a legitimate fall-back position, meaning they could revert and implement either of the earlier prior approval consents. 5 Year Housing Land Supply 5.3 Following the recent planning appeal decision ref. APP/Y0435/W/17/ at Land at Long Street Road, Hanslope, and the Inspector concluded that the Council is unable to demonstrate a 5-year supply of deliverable housing sites as required by paragraph 73 of the National Planning Policy Framework 2018 (NPPF). 5.4 In such circumstances, Footnote 7 of the National Planning Policy Framework considers policies for the supply of housing to be out of date where the Council

5 cannot demonstrate a five-year supply of deliverable housing sites. In such circumstances, the NPPF advises that policies for the supply of housing should not be considered up to date (para 11d). Housing applications must therefore be considered in the context of the presumption in favour of sustainable development. Given that paragraph 11 of the NPPF is engaged, this report needs to address the social, environmental and economic impacts of the development. This assessment is set out below. 5.5 However, it should also be noted that the Council considers that it will have a 5 year housing land supply upon the adoption of the emerging Plan: MK. Plan: MK is currently undergoing Examination in Public, and therefore the policies and allocations to justify the 5 year housing land supply can only hold limited weight in the determination of the application, and hold more weight as the Examination continues without objections to these policies, in accordance with paragraph 48. However, paragraph 49 states that a refusal based on emerging polices is unlikely to be justified unless the development is so substantial or cumulative effect so significant, that it would undermine the plan-making process, and that the emerging plan was at an advanced stage but not formally adopted. 5.6 It is considered that Plan: MK is at an advanced stage to hold some weight in the decision making process. Sustainable Development 5.7 In addition to the above assessment of the development and the draft Neighbourhood Plan policies, consideration must also be given as to whether the development satisfies the requirement of the NPPF which asserts a presumption in favour of sustainable development, under Paragraph 11. Footnote 7 of Paragraph 11 states that policies are considered to be out of date where an Authority cannot demonstrate a sufficient 5 year housing land supply. As outlined at paragraph 5.3 above, the Authority cannot currently demonstrate a sufficient 5 year supply of suitable housing sites and therefore, new residential development should be granted permission unless the harm of permitting the development would demonstrably outweigh the benefits of approval or there are specific policies which protect areas or assets of particular importance, where clear reasons for refusal exist. Economic Role 5.8 In terms of economic issues, the construction activities associated with the development would potentially generate employment opportunities for the local community, and have associated benefits for local services and suppliers in the short term. In the longer term the development would also support the local economy in terms of the use of local shops, services and facilities, and potentially result in new investment in the area. This weighs in favour of the scheme although can be given limited to moderate weight as there is limited economic benefit generated as a result of the above.

6 Social Role 5.9 In terms of social issues, Paragraph 8(b) of the National Planning Policy Framework asserts that the social role includes locating development close to local services such that these area accessible and permitting development which supports the health, social and cultural well-being of the community. It is noted that the development would provide additional dwellings which weighs in favour of the application, and be given significant weight considering that the Council cannot currently demonstrate a five year housing land supply. Environmental Role 5.10 In relation to environmental issues, paragraph 117 of the NPPF requires development proposals to make effective use of land. The proposed development seeks to use the land efficiently, by increasing the number of residential units on the site, that will provide a modest contribution to the Authority s shortfall. Other material considerations, relating to ensuring safe and healthy living considerations are outlined within the below assessment, however, the proposed development would also satisfy these requirements of paragraph 117 of the NPPF. This can be given moderate weight in the consideration of this application, because while the contribution of additional housing is limited, the NPPF places additional weight on the efficient use of land. Overall 5.11 On this basis of this clear NPPF presumption in favour of sustainable development subject to a full assessment against material planning considerations below, it is considered that the principle of the residential development of this site is acceptable and the application therefore falls to be determined on the basis of its impacts. Neighbourhood Plan 5.12 The Draft Campbell Park Neighbourhood Plan has been submitted to the Authority, has been assessed by an Inspector and is currently waiting for the public referendum on 11 th October As such, the policies contained within the Neighbourhood Plan carry significant but not full weight. Full weight would be applied if the referendum is successful and once the neighbourhood plan is adopted by the Council Given that significant weight can be applied to the policies contained within the Neighbourhood Plan, the Housing Needs Survey (summary at Appendix of 2 of the Neighbourhood Plan) and Housing Policies 2 and 3 are relevant to the consideration of the principle of development The summary of the Housing Needs Survey outlines that there is a need, across the Parish to provide additional homes. This includes over 100 houses, 50 bungalows, 50 flats/apartments and 25 sheltered/extra care/retirement houses. The demand for the size of these properties is recorded as 43% for 2 bedroom properties, 23% for 1 bedroom properties, 22% three bedroom properties, 7% four bedroom properties, 1% five bedroom properties and 5% bed-sit.

7 5.15 The summary also identifies that responses for Woolstone showed a higher demand for owner-occupation properties than within the remainder of the Parish (except for Willen) and a demand for smaller properties, for the medium to long term which could be attributed for a need to downsize Housing Policy 2 lists a series of sites in Fishermead, Springfield and Oldbrook which are considered acceptable for residential development and/or mixed residential/commercial development schemes. It is acknowledged that there are no identified sites within Woolstone that listed on this identified housing sites policy In light of this, consideration must be given to the other Housing Policies in the Neighbourhood Plan to identify if the proposed development complies with other housing policies. Housing Policy 3 relates to the suitability of other sites for residential development as it is acknowledged at paragraph of the Neighbourhood Plan that despite the identified sites, the Parish will face pressure for new development particularly housing. Housing Policy 3 outlines that in general, the use of previously developed land will generally be supported. The site contains a former office building and is considered to fall within the definition of previously developed land In light of the above, it is considered that the principle of residential development on this site accords with the findings of the Housing Needs survey and Housing Policy 3 of the Campbell Park Neighbourhood Plan. This is because the survey summary identifies that there is a need for additional residential homes within Woolstone and that there is a demand for smaller properties. In addition, the site is previously developed land and the principle of residential development is generally supported by Housing Policy 3. Highway matters and parking Parking 5.19 Saved policies D1 (i) and (vi), T10 and T15 of the Local Plan and CS13 of the Core Strategy require the decision maker to have particular regard to any additional traffic generation a development may cause and the resulting impact on the surrounding road network/parking provision/access. In addition, the Milton Keynes adopted Parking Standards SPD sets out the development related parking standards for Milton Keynes and should be read in conjunction with these policies The Parking Standards SPD outlines that the site falls within Zone 3. The below table outlines the parking space requirements for the proposed development, in accordance with saved policy T15 of the Milton Keynes Local Plan and the Parking Standards SPD.

8 Parking Standards Provided Requirement - Zone 4 Plot Type of Allocated Unallocated Allocated Unallocated Number Flats 1 2 bed bed bed bed bed bed bed bed bed bed bed Totals Site Total 17 spaces required 17 spaces provided 5.21 The spaces provided are to the required 2.5 m by 5m size. The layout utilises much of the existing car parking layout, with some minor hedging removed to increase the width of the spaces, bringing these up to an acceptable standard Whilst it is acknowledged that the parking spaces at the front of the site, adjacent to the boundary of no. 46A have a tight turning space, this is an existing relationship with this boundary fence. As such, the current application is not required to alleviate an existing problem. Notwithstanding this, some adjustments through the removal of internal hedging and increase in width of bays has been made, which will improve the relationship to a limited capacity. The removal of this hedgerow, does not impact upon the hedgerow at the front of site along Newport Road Subject to conditions securing the implementation of the amendments to the car parking layout and a condition securing the confirmation of the layout, in respect of allocated and visitor spaces, there are no objections from Highways to the car parking layout. Given the above, it is considered the proposed parking layout would also accord with the draft Connectivity Policy 1 of the Neighbourhood Plan which requires developments to make appropriate provision for car parking Cycle parking has also been provided as part of the proposed development. The site layout shows the provision for the covered cycle storage for 11 bikes. This accords with the requirement of cycle parking space per unit, required by the Parking Standards SPD. Further details of the type of store to be provided are requested by Highways, who have recommended a condition for these details to be submitted. This condition is considered reasonable and has been added to the recommendations at section 7.0 of this report. Given the above, it is considered the proposed parking layout would also accord with the draft Connectivity Policy 1 of the Neighbourhood Plan which requires developments to make appropriate provision for cycle parking.

9 Traffic Movements and Access 5.25 Saved policies D1 (i) and (vi), T10 and T15 of the Local Plan and CS13 of the Core Strategy require the decision maker to have particular regard to any additional traffic generation a development may cause and the resulting impact on the surrounding road network/parking provision/access Despite seeking a Lawful Development Certificate for the removal of the front hedge and creation of a new access to serve parking spaces directly from Newport Road, the applicant has amended their plans to remove this element from the proposed development. Instead, the current access arrangement onto Newport Road and the hedge line will be retained A bin store, currently located on one of the parking spaces servicing the office building will be placed at the front of the site, in order that a waste management vehicle can collect rubbish from Newport Road. This waste management collection from Newport Road is already in place with this property and adjacent properties along Newport Road. This store has been placed to the rear of the front hedge, adjacent to the access, making access to the store easy It is noted that a number of public representations received have outlined a concern with an increase in the traffic movements associated with the site, as a result of the proposed development The Highways Officer has not raised any concerns with number of associated vehicle movements as a result of the development. Therefore, it is considered the proposed development would accord with saved policies D1 and T10 of the Milton Keynes Local Plan Request for a Travel Plan 5.30 It is noted that the representations received have requested that a travel plan be submitted In regards to the travel plan, this has not been requested by the highways officer. LPA s must make a judgement on whether a proposed development would generate significant amounts of movement. In this case, there would not be a significant increase as result of the extension to the building, from either the traffic generated as an office or for the consents granted for either 9 or 12 residential homes. Impact on character of the area 5.32 Saved Policies D2 and D2A of the Milton Keynes Local Plan and Core Strategy Policy CS13 seek to ensure that all new buildings are high quality, well designed and relate well to the surrounding area. It also seeks to ensure that proposals reinforce the local character. The objective of Saved Policy D2 of the Milton Keynes Local Plan is to ensure that all new buildings are well designed and relate well to the surrounding area. It states:

10 Development proposals for buildings will be refused unless they: i) Are in scale with other buildings in the immediate vicinity in terms of their height and massing, except where a greater scale is necessary to reflect the development s function and importance ii) Relate well to and enhance the surrounding environment iv) Allows for visual interest through the careful use of detailing, where this is appropriate to the character of the area v) Include landscaping and boundary treatments that integrate with those of the surrounding area Within this part of Woolstone, there are a number of larger scale properties, however, it is acknowledged these are either single dwellinghouses or office buildings. The footprint of the building situated along Newport Road, are considerably larger than those located within the residential cul-de-sacs to the rear of the site, such as those along Butterfield Close. However, considering the scale of the existing building and that this property is accessed from Newport Road, the office building is seen within this context. Therefore, the scale of the extension proposed would be seen as in-keeping with the scale of the adjacent properties In terms of the height of the proposed development, the extension would increase the ridge of the existing side projection. The line of the existing roof line and that proposed is denoted on the elevation plans provided by the application. Whilst there would be an increase, to accommodate a loft conversion and the extension to the side, the increase sits below the ridge line of the highest point of the existing ridge line by 0.8 metres The increase in height will add to the massing of the building. However, this will not sit unduly prominent within the streetscene given the step down from the existing ridge line and that 46 is situated in front which provides some screening of public views on the side extension The scale and massing of the building is considered not to cause harm to character of the streetscene and would accord with the character of the area and scale of the adjacent properties. As such, the proposed development would accord with saved policies D2 and D2A of the Milton Keynes Local Plan Impact on Designated Heritage Assets 5.37 The application site is not a listed building and there is not a Conservation Area designation in Woolstone It is identified within the representations received that the building has been nominated to the Council s Conservation Team project New Town Heritage Register. Whilst this is not a material planning consideration, as the nominations have not yet led to the identification of the properties which are considered to be non-designated heritage assets. However, in light of the comments received, the Conservation team have been consulted on the application and confirm that whilst the architectural style of the building is fairly interesting, it is not of significant interest for the property to be considered a non-designated heritage asset.

11 5.39 The applicant has also sought independent advice regarding the value of the building as a heritage asset, this assessment found no evidence of any architectural or historic interest likely to generate a level of significance at either a local or national level In light of the Conservation Officer s comments, the building is not considered a non-designated heritage asset and weight has not been attributed to this factor in the planning balance. Design 5.41 Saved policies D1, D2 and D2A of the Milton Keynes Local Plan 2005 and policy CS13 of the Core Strategy 2013 require the decision maker to have particular regard to the design and visual impact of new development and to the context within which it is placed. In addition, draft Design policy 1 of the Neighbourhood Plan is relevant and outlines that buildings must integrate with the surroundings The architectural style of the extension follows the style of the existing, providing a link from the tall, existing element, overlooking the access point to the side projection to the rear of 46A Newport Road. The design incorporates a hipped roof, in order to minimise the height of the building and utilise the opportunity to provide rooflights and skylights where possible The elevation drawings shows that matching brickwork and roof tiles would be use, and a condition has been recommended to ensure the development complies with this. The proposed development also seeks to continue the vertical stretcher bands across the elevations, based on the window profile that currently exist. The design incorporates the features which are of interest on the existing building, ensuring the extension would integrate with the existing design In addition the design and site layout allows for some outdoor amenity space that could be used as amenity space for the residents such as the drying of clothes. Whilst it is noted this space is limited, there is sufficient space within the site for this to be accommodated Subject to conditions, it is considered that the proposal complies with Policy D2A I, Policy D2 II, Policy D2A III, D2A V, D2A IV, D2A VII, Policy D1 I, Policy D1 II, Policy D1 III of the Milton Keynes Local Plan and Policy CS13 Character of Place of the Core Strategy. The proposed appearance, layout and scale of the proposed development is therefore considered acceptable Residential amenity 5.46 Policy D1 of the Milton Keynes Local Plan states that development should be refused if it would be harmful by way of creating an unacceptable visual intrusion or loss of privacy, sunlight and daylight Objections have been raised from adjacent residents regarding a loss of light, privacy and visual intrusion as a result of the development. In response, the below

12 assessment identifies the relationship of the proposed development with the adjacent residential properties. 46A Newport Road A Newport Road is located to the front of 46 Newport Road, situated between the former office building and Newport Road. Until recently, the access to 46 Newport Road was shared with the occupiers of 46A Newport Road. The current arrangement is that 46A Newport Road, benefits from its own access onto Newport Road, adjacent to the existing access serving 46 Newport Road. The windows serving 46A tend to face the car park serving 46 Newport Road to the south or the garden serving the dwelling to the north. There is one window on the side elevation at first floor of 46A Newport Road, facing onto the front elevation of the proposed extension. The planning history for 46A Newport Road has been checked, and the floorplans show that this window serves a study, and is approximately 0.6 metres wide. A primary window facing the car park, approximately 1.7 metres wide also serves this study. If this room is used as a habitable room i.e. a bedroom, the primary window would still remain as the window facing the car park. It is acknowledged there is an existing potential for overlooking between this window of 46A Newport Road, as the existing elevation of 46 Newport Road contains a window on this elevation There are no requirements for a front to side separation distance outlined within the New Residential Development Design Guide. However, given that this is a secondary window, there would not be unacceptable relationship caused to this window serving 46A Newport Road through a loss of privacy, overlooking or by causing a visual intrusion. 44 Newport Road 5.50 The property at 44 Newport Road is a wide property, whose width faces onto Newport Road. The closest elevation which faces onto the side elevation on 46 Newport Road is contextually narrow. The first floor contains a window facing onto 46 Newport Road, however, the planning history for this shows that this bedroom also benefits from a window facing onto Newport Road and a window on the rear overlooking the garden at 44 Newport Road During the application process and in response to the concerns raised by the residents at no. 44 Newport Road, the applicant has submitted amended plans which remove the first floor windows on the side elevation facing 44 Newport Road, and reoriented the windows on the second floor dormer windows such that are no first floor or above windows facing onto 44 Newport Road. Where skylights have been provided, these are on the flat top of the dormer windows, where there is no potential for overlooking between the future residents and those existing at no. 44 Newport Road In terms of the massing of this elevation, there is a high point along the existing side project facing 44 Newport Road, whilst the ridge at this point would be increased by 0.3 metres and width 1.2 metres closer to the boundary, it is considered that given the orientation of the primary windows serving 44 Newport Road and the spacing distance between the properties being 13.8 metres at first

13 floor level, there would not be unacceptable harm caused to the occupiers of either 44 or 46 Newport Road. 12 Butterfield Close 5.53 The property 12 Butterfield Close is situated to the rear of the application site. This property has an indirect relationship with 46 Newport Road, where the rear elevation sits an offset angle to the rear elevation of 46 Newport Road. The windows on the rear elevation of 12 Butterfield Close face their garden and toward the north western corner of the application site and rear garden of 44 Newport Road It is acknowledged that the removal of the windows on at first floor level on the side elevation facing 44 Newport Road has led to the increase of one proposed window on the rear elevation of 46 Newport Road. The proposed windows on the rear elevation of 46 Newport Road are not directly opposite the windows on the rear elevation of 12 Butterfield Close. In addition, the spacing and separation distance required by the Design Guide for back to back relationships is 22 metres. The separation distance between the nearest windows is 24.7 metres, which is in excess of the required standard. Furthermore, the applicant has annotated on the plans that these windows would be obscurely glazed up to 1.7 metres above the internal floor level and non-opening to this level as well. This limits the opportunity for any perceived overlooking, despite the separation distance and indirect relationship resulting in an acceptable relationship between the properties, in terms of reasonable amenity Whilst it is noted that the residents of 12 Butterfield Close have requested that the applicant amend their plans to remove the ground floor doors and windows, it is considered not reasonable to request the applicant to make this change. This is because, there is no requirement at ground floor level for a spacing and separation distance. In addition, there is a change of land levels between the properties such that 12 Butterfield Close sits at a high land level than 46 Newport Road, which increase the potential for overlooking from 12 Butterfield Close into 46 Newport Road, but reduces this from 46 Newport Road to 12 Butterfield. Notwithstanding this, the applicant has made amendments during the application process, to reduce the size of the patio doors and replace one set of doors with windows at ground floor level. Furthermore the boundary treatment, of a 1.8m close boarded would provide further screening, limiting the potential overlooking at ground floor level. As such, there would not be harmful impact arising from the windows and doors located on the ground floor rear elevation of 46 Newport Road. 11 Butterfield Close 5.56 This property has a more direct relationship to the rear elevation of 46 Newport Road than 12 Butterfield Close because of the orientation of the property. This means that there are two windows on the rear elevation of 11 Butterfield Close where there is a potential for overlooking from 46 Newport Road Whilst the separation distance at the closest point is 20.2 meters, below the required separation distance of 22 metres back to back, the applicant has sought to address this through annotations on the plans that these windows would be obscurely glazed up to 1.7 metres above the internal floor level and non-opening to

14 Landscape this level as well. The relationship between 11 Butterfield and 46 Newport Road, does not change a result of the proposed development, as the extension is not located on this part of the building. On balance, given that the relationship in terms of separation and bulk has not change and the potential for overlooking has been removed through the use of obscure glazing and non-opening windows and that the building, at this point is not being extended, it is considered this relationship would be acceptable and would not give rise to unacceptably harmful loss of privacy, loss of light or by causing a visual intrusion There are limited opportunities within the site for landscaping to be provided. However, following the comments received from residents, the applicant has sought to retain the existing landscaping around the site boundaries. Whilst a condition securing the retention of the landscaping cannot be placed on a decision, because it unreasonable to apply this level of control to the existing landscaping, the applicant has informally agreed that this will not be removed. Drainage and flood risk 5.59 The site falls within Flood Zone 1 of the Environment Agency s flooding maps and is considered to be of low risk of flooding. Given its location, a flood risk assessment is not required. Affordable Housing 5.60 The proposed development would provide an additional 2 units proposed. When combined with the 9 prior approval scheme, the total provision of housing would be 11 homes, which is below local level policy requirement for affordable housing Notwithstanding this, paragraph 64 of the NPPF outlines that where major developments are proposed developments should be expected to deliver at least 10% of the homes for affordable housing provision. However, in this instance, the proposed development is not a major development as planning permission is only sought for two residential homes. Therefore, the proposal does not meet the threshold set by the NPPF and affordable housing is not required. 6.0 CONCLUSIONS 6.1 Overall, the proposed development is considered to constitute sustainable development and the principle of providing additional residential dwelling son the site is considered acceptable. The assessment of other relevant material planning considerations identifies that the proposed development complies with rel3evant Development Plan Policies and National; Policy. As such, the proposed development is considered acceptable subject to the conditions recommended at section 7.0.

15 7.0 CONDITIONS 1.The development hereby permitted shall begin before the expiration of three years from the date of this permission. Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 91 of the Town and Country Planning Act The external surfaces of the development hereby permitted shall be constructed only of materials of a type and colour which match those of the existing building except where indicated otherwise on the approved drawings. Reason: To ensure that the new work complements the existing building and to ensure the development does not detract from the character and appearance of the area in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2 of the Milton Keynes Local Plan Prior to the occupation of the development hereby permitted the car parking area shown on the approved drawings shall be constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway. 4. Prior to the first occupation of the development hereby permitted details of the proposed bicycle parking shall be submitted to and approved in writing by the Local Planning Authority and the scheme approved shall be provided and be retained thereafter. Reason: To ensure that adequate parking facilities are provided to serve the development. 5. Prior to the commencement of the development hereby permitted a detailed design, and associated management and maintenance plan, for a foul and surface water drainage scheme, based on sustainable drainage principles for the site shall be submitted to and be approved in writing by the local planning authority. The management and maintenance plan shall include a detailed time table for the implementation of the foul and surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter. Reason: To ensure satisfactory and sustainable foul and surface water drainage to prevent the increased risk of contamination and flooding on or off site in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D4 of the Milton Keynes Local Plan Prior to the occupation of the development hereby permitted, a plan indicating the allocation of the parking spaces to the specific unit in the development shall be submitted

16 to and approved in writing by the Local Planning Authority. The parking spaces shall thereafter be retained in accordance with the approved plan. Reason: To ensure the provision and availability of adequate cycle parking in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy T10 of the Milton Keynes Local Plan

17

18 Ground Floor Proposed

19 First Floor Proposed

20 Second Floor Proposed

21 Rear Elevation West Side Elevation North

22 Front elevation East Side Elevation - South

23 Appendix to 18/01147/FUL A1.0 RELEVANT PLANNING HISTORY 17/01739/PNB1C3 Prior approval was required and approved for the change of use of the building from an office to 9 residential homes. 17/02409/FUL an application was withdrawn for the alterations to the existing access and parking layout to provide 2 accessible parking spaces from Newport Road 17/03346/FUL - an application was withdrawn for Part single, part two storey side extensions, side dormers to facilitate a loft conversion to provide 3 additional residential units. 18/00209/CLUP a Certificate of Lawfulness was approved for the reorientation of 2 parking spaces and a new vehicular access from Newport Rd in addition to the re-surfacing of existing hard standing area for the demarcation of parking bays. 18/01096/PANB1C Prior approval was required and approved for the change of use of the building from an office to 12 residential homes A2.0 ADDITIONAL MATTERS None. A3.0 CONSULTATIONS AND REPRESENTATIONS A3.1 Ward Councillor McDonald Objects for the following reasons and calls the application to Committee: Overdevelopment Parking Highway Safety Traffic Layout and Density Disabled Access Intentions of the original legislation is for empty office building re-use Invasion of privacy No travel plan No space for rubbish collections Breach of 2004 Consent Response from the Officer: The proposed scale of the development is considered to be in keeping with the character of the surrounding area and as such, the development is not considered to be overdevelopment. Parking, highway safety and traffic are addressed at section x of this report. The site layout is close to the existing arrangement and makes improves to parking size spaces, and location of the bin store.

24 The building has level access at ground floor level. There are no further planning requirements for disabled access to the property. The legislation for prior notifications does not refer to empty offices only. Notwithstanding this, this legislation is not used in the determination of the current application and no weight can be applied to it. The site layout pan indicates that a bin store would be provided adjacent to Newport Road, behind the hedge at the front of the site. The conditions applied to an earlier permission are reviewed under the current policy requirements and tests. In this instance, the conditions applied to the 2004 consent are overly onerous and not applicable to the consideration of the current application. No breach would occur, should the development be permitted. A3.2 A3.3 A3.4 A3.5 Ward Councillor Brackenbury Objects for the following reasons and calls the application to Committee: Character/residential amenity Parking and unsafe arrangement Sustainability relating to poor public transport links to services Ward Councillor Baines Correspondence has been received regarding the progress of the application. No view was expressed Parish Council Objects for the following reasons and calls the application to Committee: Overdevelopment overcrowding and lacking in green space Loss of Privacy increase overlooking to nearby dwellings Parking conflict between vehicular movements on site and parking spaces Highways/Traffic Concern increase in traffic movements onto and from Newport Road Building of special interest adjacent building could sustain damage as a result of the traffic movements Travel Plan request that a travel plan be included. Non-provision of site amenity no space for drying facilities The above concerns have been addressed in the main considerations section of the report. MKC Conservation The property is not a designated heritage asset, for example, a listed building or within a conservation area, however, the NPPF allows for assets that are of less than national significance but nonetheless possess a heritage, often at a local level. These are called non-designated heritage assets and are defined under the broader term of heritage asset in Annex 2 of the NPPF: A building, monument, site, place, area or landscape identified as having a degree

25 of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing). The value of the development of Milton Keynes new town is recognised in planning policy through the Council s Core Strategy (adopted 2013) and the forthcoming Plan:MK. Its significance is considered and set out explicitly in the Milton Keynes New Town Heritage Register: Statement of Significance document (Adopted 2017). The Selection Criteria document, adopted alongside the statement of significance, sets out those criteria assets must meet in order to be added to the forthcoming Heritage Register (a local list ). Those assets added to the register would automatically be considered as nondesignated heritage assets. Meanwhile, it is possible for buildings, sites, areas etc. to individually be considered non-designated heritage assets, this will rely on them meeting the definition set out in Annex 2 of the NPPF, above. The building in question was designed by Tom Hancock (Architect for the Peace Pagoda at Willen). The design is a specific design for the site, consisting of tower, link and perpendicular blocks. Traditional materials such as soft red brick and clay tiles are used alongside gables, ball finials and pitched roofs to create a modern design within a historic theme. The building was constructed as an office within a residential area which most likely influenced its semi-residential appearance and well-articulated forms, as opposed to, for example, a much larger monolithic, commercial looking structure. The building is successful in this respect, in that it integrates a different use into a rural, residential area. There are some muted changes in brickwork to provide some restrained articulation to the elevations, otherwise the expanses of brick rather overwhelm the fenestration, particularly on the tower block. As a result the massing and composition of forms are perhaps more successful than the elevations. Whilst the building is an individual design and one whose composition carefully and skilfully integrates itself into its residential, village surroundings, I am not convinced that it necessarily meets the definition set out in the NPPF a degree of significance meriting consideration in planning decisions, because of its heritage interest. Ultimately, for this type of asset the decision as to whether it possesses heritage interest and significance that warrants consideration is a particularly difficult and balanced one. In terms of the forthcoming Heritage Register, it has been nominated, as such it may ultimately be considered by the selection panel, but it is difficult to say with any certainty at this stage whether it is likely to be added, or not. Whilst not quite meeting the threshold for a non-designated heritage asset, as above, the building does possess design quality in its overall massing and composition. As such, the relevant design policies should be applied in relation to these aspects. Noted - the impact on non-designated heritage assets has been discussed in the report

26 A3.6 MKC Highways Officer Under the council s adopted parking standards (2016) the car parking requirement (zone 3) for the development (including the 9 approved flats 11 in total) is as follows: Allocated Unallocated Total 6 x 1 bed units 6 (1 space per unit) 1.98 (0.33 spaces per unit) x 2 bed units 5 (1 space per unit) 3.75 (0.75 spaces per unit) 8.75 Total: (once rounded) Provided: car parking spaces are provided to meet the standards. I would recommend that spaces 7 to 17 shown on plan GA rev A are marked out as the allocated spaces with flat numbers 1 to 11. Spaces 1-6 can be marked out with V for visitor (unallocated) parking spaces. If this recommendation is actioned then condition 1 is appropriate. I have no objections to planning permission being granted subject to the following conditions: 1. Prior to the occupation of the development hereby permitted the car parking area shown on the approved drawings shall be constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway. 2. Prior to the first occupation of the development hereby permitted details of the proposed bicycle parking shall be submitted to and approved in writing by the Local Planning Authority and the scheme approved shall be provided and be retained thereafter. Reason: To ensure that adequate parking facilities are provided to serve the development. Noted and discussed in the report. A3.7 LLFA Officer No objections and no identification of existing drainage problems, recommendation that a condition secures the submission of a drainage strategy.

27 A3.8 Neighbour/Third party Representations Objections have been received from x representatives: The following objections are relevant to the consideration of this application: Harmful impact on residential amenity to adjacent neighbours Overdevelopment by reason of the scale, massing and bulk Increase in traffic movements Out of character with the area Harm to amenity of the area The following objections are not relevant to the consideration of this application: Drainage concerns relating to other properties Intentions of the developer Contravention of the earlier 2004 consent planning controls under earlier applications are associated with that case at a given policy period. Once a new application is received current policy is applied and considerations given to the specific case to determine whether planning conditions are applied. Unfair that amendments have led to a worse case than the earlier scheme Potential off-site parking issues Waste be carried from the flats to the bins tore may be dropped in the car park Lack of public pavement outside of the application site boundary Potential issues arising with the listed building near to the site. Preference of objectors to specify the number of units that should be applied for Impact of the construction works on the foundations of the adjacent buildings Potential use of other car parking areas by residents No environmental report has been submitted