3.

TCP/25638   P/01136/03  Parish/Name:  Newport

Registration Date:  06/06/2003  -  Full Planning Permission

Officer:  Mr. A. White           Tel:  (01983) 823550

 

Construction of end of terrace house land adjoining 10, School Lane, Carisbrooke, Newport, PO30

 

REASON FOR COMMITTEE CONSIDERATION

 

Two employees of the Council have an interest in this application. 

 

PROCESSING INFORMATION

 

The processing of this minor application has taken nine and a half weeks to date.  It has taken more than eight weeks because of negotiations on design, completion of consultations and the need to take this application to Committee.

 

LOCATION AND SITE CHARACTERISTICS

 

This application relates to an irregular shaped plot of land adjacent to and forming part of 10 School Lane.  School Lane is a narrow highway running between Priory Road and Carisbrooke High Street.

 

Application site is situated on the eastern side of School Lane which currently comprises of five identical pairs of semi-detached houses and two chalet bungalows elevated above highway level.  The land in question sits between the first of the ten semis and an elevated chalet bungalow at No.8. 

 

RELEVANT HISTORY

 

None.

 

DETAILS OF APPLICATION

 

This application seeks detailed consent for a three bedroom end of terrace house.  The site is long and narrow with frontage onto School Lane of approximately six metres.  It is proposed to set the proposed house back from the front wall of No.10 by some 2.9 metres, whilst having its roof at a slightly higher level to and totally independent from No.10.

 

Land rises quite steeply from the application property to the adjoining chalet bungalow at No.8 meaning that excavation and subsequent retention work will be necessary to facilitate this development.  Finished floor levels have been confirmed as 100.00 datum at 10 School Lane, 100.750 for the proposed dwelling and approximately 102.3 at 8 School Lane.

 

The proposed dwelling is "T" shaped with the majority of accommodation situated on two floors within the wider section at the front, with a kitchen/diner, bedroom and bathroom arranged in a narrow two storey element to the rear.  Submitted plans show the proposed dwelling to have a single storey front facing bay window, materials to match the adjoining house and window proportions that are not untypical of other houses in the immediate locality.  Plans show two parking spaces directly in front of the proposed dwelling, one for the existing and one for the proposed house.

 

DEVELOPMENT PLAN/POLICY

 

The site is shown as being within the development envelope for Newport as identified on the Isle of Wight Unitary Development Plan.  Relevant policies are considered to be:

 

S1        New development to be concentrated within existing urban areas.

 

G1       Development Envelopes.

 

G4       General Locational Criteria for Development.

 

D1       Standards of Design.

 

D2       Standards for Development Within Site.

 

H4        Unallocated Residential Development to be Restricted to Defined Settlements.

 

CONSULTEE RESPONSES

 

Highway Engineer recommends conditional approval.

 

PARISH/TOWN COUNCIL COMMENTS

 

Not applicable.

 

THIRD PARTY REPRESENTATIONS

 

Local Member makes reference to identity of applicant and has provided a copy of a recent petition (copy attached), referring to traffic concerns due to problems experienced in School Lane and the visual impact of the proposed dwelling.

 

Further letter from local Member, on behalf of Carisbrooke West Forum commenting that application was not drawn officially to the attention either of herself or the Forum and indicating her intention to ask Committee for a deferral until it can be considered by the Forum at its meeting on 5 September.  She feels sure that the Forum will object on grounds of over development; inadequacy of School Lane to accommodate vehicles and additional traffic flow and to infill development detrimental to village character of this part of Carisbrooke and seriously detract from amenity of neighbourhood. 

 

Islandwatch object on grounds of inappropriate design for the area, and particularly the adjoining terrace.  It also represents overdevelopment of the site.

 

Six letters have been received from local residents objecting to the proposal on the following grounds:-

 

Backland development.

 

Loss of light.

 

Devaluation.

 

Impact upon the street scene.

 

Change the character of School Lane.

 

Upset the symmetry of the street scene.

 

The limited width of School Lane does not lend itself to further development.

 

Exacerbate on street parking problems.

 

Increase in traffic generation.

 

Structural integrity of the boundary wall between site and No.8 School Lane may be undermined.

 

CRIME AND DISORDER IMPLICATIONS

 

No crime and disorder implications are anticipated.

 

EVALUATION

 

Given the location of the application site within the development envelope, there can be no objection to the principle of this development.  The main consideration is whether this site can accommodate the proposed dwelling without having an adverse effect on the amenities currently enjoyed by neighbouring property occupiers or the character of the area in general.

 

The design of the proposed dwelling has been carefully conceived so that, on the one hand, it relates relatively well to the adjoining pair, but on the other, is sufficiently different so that it does not compete with the established rhythm of development along this side of School Lane.  The proposed dwelling is shown to be set back from the recognised building line by almost three metres.  With this in mind, I am duly satisfied that the proposed dwelling would not appear prominent in the street scene, neither would it compromise the integrity of the semi-detached houses along this side of School Lane.

 

The one property that would be most affected by this development is 10 School Lane which is under the control of the applicant.  Revised plans have been submitted showing a single storey extension to the rear of the property in order to eliminate an existing courtyard to no. 10 that would become very enclosed and overshadowed by the proposed dwelling.  The other neighbour (No.8) is on the southern side of the proposed dwelling, has limited openings facing into the application site and is situated at a higher level.  It is therefore my opinion that this property would not be adversely affected.  The neighbour next door but one at No.12 referred to the potential for loss of light.  Whilst noting that the proposed dwelling is due south of this objector, I am satisfied that the proposed dwelling would have an acceptable spatial relationship with this property by reason of the sufficient distance between the two and the intervening dwelling at No.10.

 

It has been suggested that the construction of this house may undermine the stability of a brick wall (partly retaining) running along the southern boundary of the application site.  The developer is ultimately responsible for ensuring the safe development of this site and will have to comply with any requirements as laid out under the Party Wall Act 1996.  I therefore see no reason why this objection should carry significant weight in the determination of the application.

 

School Lane does not appear to carry a large volume of traffic.  Any vehicular activity along School Lane is naturally calmed by the narrowness of this highway coupled with on street parking.  Additional vehicular activity as a result of this development would not, in my opinion, be significant.  The Highway Engineer is satisfied that the proposed parking and access arrangement is acceptable.  I therefore see no reason why this development should fail on highway grounds. 

 

In terms of other objections that have been raised in respect of this proposed development, the application site has sufficient frontage onto School Lane and would not therefore constitute backland development.  Concern relating to property devaluation is not a valid planning objection and should not carry any weight at all when determining this application.

 

With regard to comments made by the Local Member, this application has been publicised in the normal way and all parties given ample opportunity to comment.  Highway Engineer raises no objection and recommends conditions if approved; design and relationship with adjoining properties are discussed in this report.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights.  The impacts this development might have on the owners/occupiers of the other property in the area and other third parties have been carefully considered.  Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed.  Insofar as there is an interference with the right of others it is considered necessary for the protection on the rights and freedom of the applicant.  It is also considered that such action is proportional to the legitimate aim and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposed dwelling is acceptable in principle and that this development will not detract from the character of locality or have an unacceptable impact upon the amenities of neighbouring properties.

 

            RECOMMENDATION - APPROVAL

 

Conditions/Reasons:

 

1

Time limit - full   -   A10

2

Detail external roofing/facing finishing   -   S02

3

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and en-enacting that Order) (with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In the interests of the character and amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

4

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before (the use hereby permitted is commenced) (before the building(s) is/are occupied) (in accordance with a timetable agreed in writing with the Local Planning Authority).  Development shall be carried out thereafter in accordance with the approved plans.

 

Reason: In the interests of maintaining the amenity value of the area to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

5

The proposed first floor bathroom window in the southern elevation shall be finished in permanent obscure glazing all of which shall be retained and maintained thereafter.

 

Reason: To protect the privacy of the neighbouring property and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan

6

The lower part of the first floor bathroom window shall be permanently fixed shut.

 

Reason: To protect the privacy of the neighbouring property and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

7

The dwelling hereby approved shall not be brought into use until the single storey extension to 10 School Lane has been substantially completed.

 

Reason: To protect the amenities of the neighbouring property and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

8

The access and crossing of the highway verge and/or footway shall be constructed in accordance with the following vehicular crossing specification for light vehicles before the development hereby approved is occupied or brought into use:

 

Footway Construction (strengthening) for light vehicles

 

1.   Excavate to a minimum depth of 150mm

2.  Construct the vehicle crossing in Class C30P/20 concrete to a minimum thickness of 150mm, properly compacted with float and brush finish.

 

Reason:  To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

9

Notwithstanding the provisions of any Town & Country Planning General Permitted Development Order, no part of any boundary wall or fence erected on the site frontage, nor any hedge planted to mark the boundary or alongside any such boundary, wall or fence, shall at any time be permitted to be more than 1.05 metres above the level of the carriageway and the resultant visibility splays shall be kept free of obstruction.

 

Reason:  In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.