HEDGE END, WEST END & BOTLEY
Case Officer Andy Grandfield
SITE:
Monday 01 March 2010
Land rear of 21 Crows Nest Lane, Botley, Southampton,
SO32 2DD
Ref. F/10/66472
Received: 11/01/2010
(22/03/2010)
APPLICANT:
Mr R Chapman
PROPOSAL:
Construction of detached four bed dwelling & detached
single garage
AMENDMENTS: None
RECOMMENDATION:
Subject to (i) receipt and consideration of consultees' views; (ii) receipt of a
S106 to secure contributions to local community infrastructure, public open
space and integrated transport measures
PERMIT
CONDITIONS AND REASONS:
(1) The development hereby permitted must be begun within a period of three years
beginning with the date on which this permission is granted. Reason: To comply
with Section 91 of the Town and Country Planning Act 1990.
(2) Plans and particulars showing the proposals for all the following aspects of the
development must be submitted to and approved in writing by the Local Planning
Authority before the development is commenced. The development must then
accord with these approved details. Reason: In order that these matters may be
considered by the Local Planning Authority.
a: The ground floor levels above ordnance datum of all buildings.
b: The alignment, height and materials of all walls, fences and other
means of enclosure
c: The design and layout of foul sewers and surface water drains.
d: Proposed ground levels and relationship to existing levels both within the site
and on immediately adjoining land.
(3) Details and samples of all external facing and roofing materials must be
submitted to and approved in writing by the Local Planning Authority before
development commences. The development must then accord with these
approved details. Reason: To ensure that the external appearance of any
building is satisfactory.
(4) No additional or altered window shall be constructed in the rear or side
elevations of the building hereby permitted without the prior written permission of
the Local Planning Authority. Reason: To protect the amenity and privacy of the
occupiers of the adjoining property.
(5) Any windows highlighted in blue at first floor level on the rear elevation must be
glazed with obscure glass and must be maintained in that condition. Reason: To
preserve the amenity of the adjoining property.
(6) Notwithstanding the provisions of the Town and Country Planning General
Permitted Development (Amendment) (No 2) (England) Order 2008, the building
must not be extended at first floor level without the prior written permission of the
Local Planning Authority. Reason: To protect the character of the area and the
amenity of neighbouring properties.
(7) The works hereby approved shall be carried out in accordance with the
recommendations contained within the Arboricultural Impact Appraisal and
Method Statement prepared by Barrie Draper or Barrell Tree Consultancy dated
28 February 2008. Reason: To ensure the natural features are protected from
damage throughout the construction period.
(8) Before the development commences, or by such later date as the Local Planning
Authority may determine, a landscape scheme comprising planting (to include
additional tree planting along the western boundary) and details of hard surfacing
must be submitted to, and approved in writing by the Local Planning Authority.
Such a scheme must include a planting specification and schedule, and shall
indicate the position, size, number, planting density and species of shrubs and
trees. A seed or turf specification must be provided for areas to be grassed. The
planting scheme must include details of phasing, timing and provision for
management and maintenance during the first ten years from the date of
planting. Reason: To ensure that the appearance of the development is
satisfactory.
(9) The landscape scheme must be completed within 12 months from the completion
of the building shell, or by such later date as the Local Planning Authority may
determine. Any trees or plants which die, are removed or become seriously
damaged or diseased during the first five years must be replaced during the next
planting season with others of similar size and species unless the Local Planning
Authority gives written consent to any variation. Reason: To ensure that the
appearance of the development is satisfactory.
(10) The development hereby permitted must not be brought into use until the areas
shown on the approved plan for the parking of vehicles shall have been made
available and surfaced . The areas must be retained, including those areas
marked out on the plan as being unallocated, in a condition to the satisfaction of
the Local Planning Authority, and reserved for that purpose at all times.
Reason: In the interests of highway safety/amenity.
(11) No construction or demolition work must take place except between the hours
0800 to 1800 Mondays to Fridays or 0900 to 1300 on Saturdays and not at all on
Sundays or Bank Holidays. Reason: To protect the amenities of the occupiers of
nearby dwellings.
(12) No burning of materials obtained by site clearance or from any other source to
take place on this site during the construction and fitting out process without the
prior written consent of the Local Planning Authority. Reason: In the interests of
amenity.
(13) The development hereby permitted must not be brought into use until adequate
turning space shall have been constructed within the curtilage to enable vehicles
to enter and leave in a forward gear and this must be maintained and be kept
available for that purpose at all times.
Reason: In the interests of highway safety.
Note to Applicant: It is considered that, subject to compliance with the
conditions and any obligations attached to this permission, the proposed
development is acceptable because it will not materially harm the character of
the area, the amenity of neighbours or highway safety or trees worthy of
retention and it is in accordance with the policies and proposals of the
development plan, as listed below, and after due regard to all other relevant
material considerations the local planning authority is of the opinion that
permission should be granted.
The following development plan policies are relevant to this decision and the
conditions attached to it:
Eastleigh Borough Local Plan Review 2001-2011, saved Policies. 28.ES, 59.BE,
100.T, 104.T, 148.OS, 191.IN
The South East Plan, May 2009.
Under the Town and Country Planning [Fees for Applications and Deemed
Applications][Amendment][England] Regulation 2008, a fee is now required for
Discharge of Condition Applications.
N.B. Conditions not fully discharged, invalidate the planning permission.
This application has been referred to Committee because it abuts the property of
Councillor Mrs Fraser
The site and its surroundings
Description of application
1.
The application is for the construction of a 4no. bedroom chalet bungalow with
detached single garage in the former rear garden of 21 Crows Nest Lane.
Access is to be shared with the existing property onto Crows Nest Lane. The
footprint measures 13.25 x 8.68m, whilst the dwelling measures 2.7m to the
eaves and 7.7m to the ridge.
2.
A detached single garage is proposed along the southern boundary measuring
6m x 3m and 4.1m in height.
3.
The application is supported by a Design & Access Statement, an
Arboricultural Impact Appraisal and Method Statement and a drainage
strategy.
4.
The application has been amended following the approval of planning
permission in September 2008 for a chalet bungalow on this plot. The
approved scheme has a slightly smaller footprint of 12m x 9.5m, whilst the
dwelling measures 3.1m and 6.9m to the eaves and ridge respectively
5.
The oak tree that is subject to a tree preservation order is to be retained.
Site area
6.
0.075ha
Residential development (net)
7.
13 dph
Topography
8.
The site gradually drops from the rear boundary (west) towards the existing
dwelling.
Trees
9.
An oak tree with a Tree Preservation Order is located close to the rear
boundary with the Oatlands Road properties.
Boundary treatment
10. A 1.8m high close boarded fence demarcates the application from the existing
dwelling. The southern boundary with Falcon Way is a 3m high hedge whilst
the rear boundary with No.18a Oatlands Road and the boundary with No. 23
Crows Nest Lane are defined by a wire fence, hedging and some trees.
Site characteristics
11. The site was previously laid primarily to lawn forming part of the rear garden of
no.21 Crows Nest Lane. It has now been scrapped clear and rubble added
across the majority of the site.
Character of locality
12. Although situated in the urban edge the site feels quite rural with a mix of
single storey and two storey properties located within Crows Nest Lane and
Oatlands Road. Falcons Way comprises of large two storey dwellings.
Relevant planning history
13. F/08/63432 Construction of chalet bungalow with detached garage Permitted
September 2008
14. F/08/62222 Construction of 2 storey detached dwelling with detached
garage. Refused April 2008
15. F/08/62929 Construction of 2 storey detached dwelling (amended scheme).
Withdrawn July 2008
Representations received
16. No comments received to date.
Consultation responses
17. Botley Parish Council – Members are not supportive of further infill but as
other applications have been permitted members felt unable to find sufficient
reason to object. The comments of Southern water and the information on the
processing of grey water are noted.
18. Head of Transportation & Engineering - No objection subject to conditions
requiring parking to be provided.
19. Head of Housing and Environmental Health - No objection subject to
conditions
20. Head of Countryside & Trees (tree officer) – I have looked through the above
application and the updated tree report and can confirm that I do not object to
the application. The revised location of the dwelling will have limited impact on
what is a low category rated tree. Please condition the contents of the
Arboricultural Impact Appraisal and Method Statement.
21. Southern Water- Comments awaited. (Previously they raised no objection to
the drainage proposals).
Policy context: designation applicable to site
•
•
Within Built-Up Area Boundary
Within Established Residential Area
Development plan policies
•
•
•
•
Eastleigh Borough Local Plan Review (2001-2011) 28.ES,
59.BE,100.T,104.T,148.OS,191.IN
Supplementary Planning Guidance: Residential Amenity in the Borough of
Eastleigh.
Supplementary Planning Document: Parking
Hedge End, West End and Botley Character Area Appraisal – no.44
Planning policy guidance / statement
•
•
PPG – 13
PPS – 1 & 3
Policy commentary
22. The above policies combine to form the criteria on which this application will be
assessed with particular regard to character of area, residential amenity, trees
and highway matters.
Comment on consultation responses
23. Nothing to add.
Comment on representations received
24. Nothing to add.
Assessment of proposal: Development plan and / or legislative background
25. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states:
“If regard is to be had to the development plan for the purpose of any
determination to be made under the Planning Acts the determination must be
made in accordance with the plan unless material considerations indicate
otherwise”.
Principle
26. The site is located within the urban edge and national guidance set out within
PPS 3 ‘Housing’ favours the provision of new housing in such locations rather
than in rural, countryside sites. In areas that are well served by public transport
and are accessible to a range of services and facilities, the density of a
development should be increased to maximise the potential of the site subject
to ensuring the character of the area is not undermined. PPS 3 and policy 72.H
of the Eastleigh Borough Local Plan Review 2001-2011 encourages a
minimum density of 30 dph, and only supports densities of less than this when
the amenity of an area is particularly dependent on low density development
27. The provision of a single unit on this site has previously been approved and
accords with the principle of development on urban land. At 13 dph the density
is very low. However, this urban edge location is characterised by low density
developments with dwellings on relatively large plots, as such more than one
dwelling would not be appropriate.
Design and Layout
28. Policy 59.BE requires development to take full and proper account of the site’s
context including the character and appearance of the locality, to be
appropriate in scale, mass, layout with itself and neighbouring properties as
well as avoid undue interference or impact on adjoining uses, properties or
trees.
29. The Hedge End, West End and Botley Local Character Appraisal Area
document notes properties in this area (Crows Nest Lane) range in height from
one to two storeys, of mixed roof form and facades whilst guiding new
development to retain and supplement the planting and soft verges to retain
the lane’s quality.
30. The principle of backland development close to this site has been established
with the construction of a 1.5 storey dwelling at the rear of 18 – 20 Oatlands
Road (18a). Furthermore, a chalet bungalow has already been approved in the
same part of the site, albeit of a slightly different design and a slightly smaller
footprint.
31.
The footprint of that proposed is acceptable but would projected 1.5m closer
to the protected oak tree, some 10m to the west. The tree is of limited amenity
value and the Council’s tree officer has confirmed he has no objection to the
development or its impact on the tree subject to tree protection measures
being used as per the Arboricultural Method Statement. The scheme still
ensures a 3m gap between the dwelling and its boundary with no.21 (to the
south) and no.23 (to the north).
32.
The design of the currently proposed dwelling is considered to be of a higher
quality than that previously approved. The rectangular footprint, omission of
the single storey front protrusion and the half hipped roof would deliver a more
sympathetic property to this semi-rural area. The use of good quality materials
can ensure the final appearance is one of a converted large out building rather
than an urban bungalow. The design is simple in its form but responds to the
constraints of the site such that on balance it is considered not to cause harm
to the character and appearance of the locality or harm to the amenity of
occupiers of adjoining properties.
33.
In this position, a sizeable garden area is provided on the south side and
enables a minimum of 30m between first floor facing windows. This exceeds
the minimum requirement of 22m set out in the Supplementary Planning
Guidance: Residential Amenity in the Borough of Eastleigh. All the rooflights
within the rear elevation, except the most western rooflight (bedroom 2), will be
obscure glazed, whilst this window will allow views only over the end of the
adjoining gardens. Unlike the approved application there are to be no first floor
windows within the side elevation. There would not be an unacceptable
overlooking of the neighbouring properties.
34. The modest height and positioning will neither result in a visually dominant
form of development nor cause a loss of light to neighbouring properties.
35. The resultant garden for No.21 Crows Nest Lane is small for a dwelling of this
size but, in the light that the site has already been subdivided and is in
separate ownership, this can not be used as a reason for refusing this
application.
36. The proposal now meets the requirements of policy 59.BE of the Eastleigh
Borough Local Plan Review 2001-2011.
Highway matters
37. The proposed development provides off-road parking for two cars as well as
space for on-site turning, as such there is not likely to be an objection from the
Head of Transportation and Engineering.
38. The increase in traffic movements would be limited on to Crows Nest Lane and
would not cause harm to highway safety subject to adequate sight lines being
provided.
Drainage
39. Policy 190.IN and 191.IN only supports new development where there is
adequate provision made for services and infrastructure. The applicant has
stated that to address concerns about surface water drainage it would be the
intention to install a rain management and recycling system, similar to that
used at 18a Oatlands Road that would include a reservoir tank that controls
the discharge of surface water to soakaways. This is the same as proposed
and permitted under the 2008 application on this site.
40. Southern Water has previously confirmed that the drainage strategy is
acceptable in principle but further information would be required to enable
them to grant approval for connection to the system. The applicant has
demonstrated that there is a mechanism that can be used for minimising the
impact of drainage on the plot and surrounding area, as such subject to
conditions this concerns has been addressed. Southern Water’s views have
been sought on the current proposal to ensure their view remains the same.
Trees
41. The Oak tree on the western boundary is protected by a tree preservation
order (TPO). As a protected tree, all works to the tree must be approved by the
Local Planning Authority; it does not mean that works or even the felling of the
tree would not be allowed.
42. The tree report submitted identifies the Oak as a maturing tree with less than
ten years contribution to the amenity of the area. However, the tree can be
retained as result of this revised scheme and it is considered preferable to
retain the oak and to plant additional trees that will mature prior to the loss of
the oak through natural causes. Further landscaping opportunities lay along
the northern and eastern boundary as well.
43.
Conditions are recommended that the works accord with the submitted
arboricultural impact assessment, which contains information on protective
fencing, storage areas and general site management in respect to trees.
Planning obligation /considerations
44. Under the provisions of Circular 05/05, and the policies of the Eastleigh
Borough Local Plan Review 2001-2011 (100.T, 148.OS, 191.IN) financial
contributions are required to offset the impact of the development on local
community infrastructure, public open space and integrated transport
measures.
45.
Subject to receipt of these contributions, either in a one-off payment or
secured through a Section 106 planning obligation, the development would
accord with these policies.
Other material considerations
46. It is considered that there is no other material consideration to warrant a
decision otherwise than in accordance with the Development Plan and / or
legislative background.
Conclusion
47. The principle of a dwelling on this site is supported by policy and the revised
application respects the principles established under the previously permitted
scheme. The scheme meets the requirements of policy 59.BE of the Eastleigh
Borough Local Plan Review 2001-2011, therefore subject to consideration of
the outstanding consultee views, and the receipt of contributions towards local
infrastructure, the scheme is recommended for approval.
48. If the financial contributions are not secured by 22 March 2010, the application
should be refused solely on these grounds.
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Map Ref SU5014SE
Development Control
Date
03/02/2010
Reproduced from the Ordnance Survey mapping with
the permission of Her Majesty's Stationery Office (C)
Crown copyright. Unauthorised reproduction infringes
Crown copyright and may lead to prosecution or civil
proceedings. Licence No. 100019622 (2010)