PLANNING APPLICATION NUMBER:P09/1291
Type of approval sought
Full Planning Permission
Ward
ST THOMASS
Applicant
Bidman Developments Ltd
Location:
LAND REAR OF 118, BIRMINGHAM ROAD, DUDLEY, WEST
MIDLANDS, DY1 4RF
Proposal
ERECTION OF 1 NO. DWELLING (RESUBMISSION OF
WITHDRAWN APPLICATION P09/0812)
Recommendation APPROVE SUBJECT TO A 106 AGREEMENT
Summary:
SITE AND SURROUNDINGS
1.
This 180 square metre application site is an irregularly shaped plot of currently
unused, overgrown garden to the rear of 118 Birmingham Road.
The plot is
accessed from Bunns Lane/Ernest Road and is located mid-way along a private
drive. The site presents a blank frontage on to the private driveway with 1.8m high
concrete panel fencing. No trees are located within the site. The garden land for the
existing dwelling has been sectioned off and is not used for off-street car parking
provision. At the time of the officer site visit, it appeared that the lay-by area at the
front of the host property provides adequate off-street car parking provision for the
site and dwellings within this location.
2.
The plot is bounded on each side by a mixture of residential properties with the
majority of properties developed within close proximity to the back of the footpath.
3.
There have been infill plots within the immediate vicinity, in particular, No’s 112a and
112b Birmingham Road and 12a and 12b Ernest Road.
PROPOSAL
4.
The proposed application is a full planning application for the erection of 1 No.
dwelling (resubmission of withdrawn application P09/0812).
5.
The dwelling proposed would be a three bedroom detached house that would have a
width of 9m and a depth of 5.2m, to a maximum height of 7.3m. The design would
style would be a double fronted dwelling with gable end roof shape and without rear
facing habitable room windows at first floor level.
The proposal would provide a net
density of 52 dwellings per hectare.
6.
The garden amenity length would be between 8m-12m and the garden area would be
approximately 85 square metres for the proposed dwelling. The garden amenity
length would be between 9m-14m and the garden area would be 70 square metres
for the existing dwelling at No.118 (3 bedrooms).
7.
Two car parking spaces would be provided for the proposed dwelling, one within the
proposed garage and one on the new drive. The spaces would be 3m in width and
6m in length. No specific off-street car parking would be provided for the existing
dwelling at No.118 other than the existing pull-in lay-by.
8.
The application is accompanied by a design & access statement.
HISTORY
9.
APP NO.
P09/0812
PROPOSAL
Erection of 1 No. dwelling
(resubmission of withdrawn
application P09/0812)
DECISION
Withdrawn
DATE
3.08.09
The above application was withdrawn, because of lack of agreement by the applicant
to pay S106 contributions.
PUBLIC CONSULTATION
10. Direct notification was carried out to all adjoining and adjacent premises, which are
due to expire on 23 October 2009. No responses had been received at the time of
writing report.
OTHER CONSULTATION
11. The Head of Environmental Health and trading Standards: No adverse comments.
12. Group Engineer, Development: No objection subject to conditions for parking to be
provided prior to first occupation.
13. Tree Officer: No observations received at time of writing report.
RELEVANT PLANNING POLICY
14. Unitary Development Plan (2005)
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•
•
•
•
•
•
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Policy DD1 (Urban Design)
Policy DD4 (Development in Residential Areas)
Policy DD6 (Access and Transport Infrastructure)
Policy DD7 (Planning Obligations)
Policy DD8 (Provision of open space, sport and recreation facilities)
Policy H3 (Housing Assessment Criteria)
Policy H6 (Housing Density)
Policy LR1 (Open Space)
15. Supplementary Planning Guidance
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PGN 3 – New Housing Development
16. Supplementary Planning Documents
•
•
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Parking Standards and Travel Plans
Planning Obligations
New Housing Development
17. National Policy Documents
•
PPS3 - Housing
ASSESSMENT
18. The key issues are:
•
•
•
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Principle of development
Highways safety
Residential amenity
Planning obligations
Principle of development
19. The site is located on a previously developed land (amenity area) in a residential area
and as such, the general principle of new residential development on the site is
acceptable subject to all other material planning considerations.
Highways safety
20. No objections were received from the Group Engineer.
The car parking
provision remains unaltered to that of the previous submission P09/0812,
whereby the following comments were given by the Group Engineer, Highways:
21. Access
and
Parking
Provision
Parking
Standards
and
Travel
Plans
Supplementary Planning Document has a C3 dwelling baseline parking standard
(low accessibility), 2 parking spaces per 2-3 bedroom dwelling. Therefore, 2
parking spaces in total are required.
22. The footway crossings serving the development should maintain a 2.0 metre (m)
(X-distance) by 17m (Y-distance) visibility splay required upon exit from the
driveway. Generally, visibility splays should be kept clear of landscaping and
structures over 1.05m in height from carriageway level and not cross third party
land. However, in areas where pedestrian safety concerns arise the height
should be lowered to 600 millimetres. Junction visibility splays are outlined in
Manual for Streets, Table 7.1 & Fig 7.18.
23. The Manual for Street - Para 8.3.41 suggests that garages should maintain a
minimum internal size of 6 metres by 3 metres. This larger size allows for the
use of the garage for storage and vehicle parking. Smaller garages cannot serve
this dual purpose and the majority are not used for the parking of vehicles.
24. All parking provision for this scheme meets the requirements, therefore the
application would not be likely to result in a detrimental impact on highways safety, in
accordance with DD6 - Access and Transport Infrastructure of the adopted Dudley
Unitary Development Plan (2005) and Supplementary Planning Guidance -Parking
Standards and Travel Plans.
Impact on the character of the area
25. The plot is bounded on each side by a mixture of two storey residential properties
with the majority of properties developed within close proximity to the back of the
footpath.
26. There have been infill plots within the immediate vicinity, in particular, No.s 112a and
112b Birmingham Road and 12a and 12b Ernest Road.
27. The proposal would follow the established building line, while providing similar levels
of garden lengths and area to those nearby, therefore it is considered that the
proposed two storey building would not appear out of character with the surrounding
area and would not form an over intensive development. It is thus considered that
the proposal would comply with Policies DD1, DD4, H3 and H6 of the adopted Dudley
UDP (2005).
Residential amenity
28. The proposal design without rear facing habitable room windows at first floor level
means that no overlooking of private rear garden areas of the neighbouring properties
would occur. The front of the dwelling would face the gable end of 12b Ernest Road,
which has no side facing habitable room windows. As such, the proposal is
considered not to have a detrimental impact upon residential amenity in terms of loss
of outlook, privacy, light or overshadowing, in accordance with policy DD4 of the
adopted Dudley UDP (2005) and Supplementary Planning Guidance Note 3 Housing.
29. The proposed and existing dwellings would provide at least 65 square metres of
required garden amenity areas for 3 bedroom dwellings, in accordance with PGN 3 New Housing Development.
Planning obligations
30. The proposed development has a requirement to provide planning obligations to
mitigate against the consequential planning loss to the existing community. Should
permission be granted a S106 Agreement would be required in respect of the
following contributions:
Offsite contributions:
The proposal attracts a requirement for a commuted sum to be paid towards the
following infrastructure:
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•
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Libraries - £184.92
Open Space, Sport and Recreation - £2474.53
Transport Improvements - £1203.93
Public Realm - £1387.05
Nature Conservation Enhancements - £90.00
Management and Monitoring Charge - £250.00
Total Offsite Contribution equates to £5590.43
31. The applicant has been notified of this principle and confirmation of their
acceptance has been received dated 14 October 2009.
CONCLUSION
32. It is considered that the proposal would not have an adverse impact on highways
safety, character of the area, or residential amenity. The proposal is therefore in
accordance with Policy DD1 - Urban Design, Policy DD4 - Development in
Residential Areas and Policy DD6 - Access and Transport Infrastructure of the
Adopted UDP (2005), Planning Guidance Note 3 - New Housing Development,
Supplementary Planning Guidance - Parking Standards and Travel Plans.
RECOMMENDATION
33. It is recommended that the application be approved subject to:
a)The development shall not be commenced until a scheme for the submission and
approval of a planning obligation to guarantee the provision, maintenance and
enhancement of libraries, off-site public open space and play provision, transport
improvements, public realm, nature conservation enhancements and management and
monitoring for a total charge of - £5590.43, has been submitted to and agreed in writing
by the Local Planning Authority.
b)The Scheme shall include the method, timing and arrangements including a means to
guarantee a financial payment, increased through index linking from the first April each
subsequent year, in accordance with the Council’s planning obligations policies.
c)The following conditions, with delegated powers to the Director of the Urban
Environment to make amendments to these as necessary.
Reason for Approval of Planning Permission
It is considered that the proposal would not have an adverse impact on highways
safety, character of the area, or residential amenity. The proposal is therefore in
accordance with Policy DD1 - Urban Design, Policy DD4 - Development in
Residential Areas and Policy DD6 - Access and Transport Infrastructure of the
Adopted UDP (2005), Planning Guidance Note 3 - New Housing Development,
Supplementary Planning Guidance - Parking Standards and Travel Plans. For the
reasons outlined, approval is recommended.
The decision to grant planning permission has been taken with regard to the policies
and proposals in the adopted Dudley UDP (2005) and to all other relevant material
considerations.
The above is intended as a summary of the reasons for the grant of planning
permission. For further detail on the decision please see the application report.
Informative
The development hereby permitted shall be built in accordance with the approved
drawings numbered 4500:1, 4500:2 & 4500:3, unless otherwise agreed in writing by
the Local Planning Authority.
Conditions and/or reasons:
1. The development hereby permitted shall be begun before the expiration of three
years from the date of this permission.
2. The development not beginning until a scheme for the provision of:
•
Libraries Improvements
•
Open space and play provision Improvements
•
Transport Improvements
•
Public Realm Improvements
•
Nature Conservation enhancements
•
Management and Monitoring Charge
has been submitted to and approved in writing by the Local Planning Authority. The
scheme shall include the method, timing and arrangements to comply with the
Council's policies for the provision of the infrastructure required in connection with
the proposed development.
3. Prior to the commencement of development, details of the types, colours and
textures of the materials to be used on external surfaces and building hereby
approved shall be submitted to and approved in writing by the Local Planning
Authority. The development shall be carried out in complete accordance with the
approved details.
4. Prior to the commencement of development, details of the boundary treatments to
be installed on the whole site shall be submitted to and approved in writing by the
Local Planning Authority. These details shall include location of boundary
treatment. Elevation details shall also be supplied, or planting species/distances, as
appropriate. The development shall proceed in accordance with the approved
details, which shall be installed on site prior to occupation and thereafter maintained
for the lifetime of the development unless otherwise agreed in writing by the Local
Planning Authority.
5. Prior to first occupation of the dwelling the means of access and parking area shall
be provided in accordance with the approved details and graded, levelled, surfaced,
drained and marked out. These areas will be maintained thereafter for no other
purpose for the lifetime of the development.
6. Notwithstanding the provisions of the Town and Country Planning General
Development Order 1988 (or any order revoking and re-enacting that order), no
development referred to in Part 1 Class A, Part 1 Class B of Schedule 2 to that
order shall be carried out.