REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE
SITE INSPECTION – 24 OCTOBER 2003
1. |
TCP/11277/K P/02093/02 Parish/Name: Arreton Registration Date: 14/11/2002 -
Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983)
823567 Terrace of 3 houses, access & parking area,
(readvertised application) land adjoining Osborne Cottage, Main Road, Arreton,
Newport, PO30 |
This application was
originally submitted to seek consent for two detached dwellings, but was deferred
at officer's request to enable the negotiation of a more dense scheme. Following consideration at the meeting on 1
July 2003, further information and design improvements have been sought and
achieved. The application is returned
for reconsideration.
REASON FOR COMMITTEE
CONSIDERATION
Report requested by local
Member Mrs E Oulton as she is not prepared to agree to the application being
dealt with under the delegated procedure.
LOCATION AND SITE
CHARACTERISTICS
Site is located on the
northeast side of Main Road approximately 150 metres northwest of the junction
with Cherrywood View. It has a frontage
of about 25 metres and a depth of about 19 metres (max) and situated between
existing residential properties contained within the ribbon of development off
Arreton Street. The site falls away
from the road, its rear boundary adjoining Arreton Stream, a watercourse
flowing at the backs of the properties in Arreton Street in a southeasterly
direction.
To the southeast of the
site is a pair of red brick semi-detached houses whilst to the northwest of the
site is a pair of cottages immediately abutting the footpath. Beyond is an access track and footpath
serving the residential properties, set some way back from the highway. There is an existing vehicular access to the
site and the site contains two septic tanks serving the adjoining properties to
the northwest.
Arreton Street is a long
narrow ribbon of development and with the exception of Hazely Combe, Cherrywood
View and development around the church and Arreton Barns, comprises a ribbon of
development with shallow sites fronting the main road.
RELEVANT HISTORY
House and garage were
approved on the southeastern part of this site in November 1990, renewed in
January 1996. A vehicular access adjoining
the extreme northwestern end of the site was approved in February 2001 and the
planning permission for the house and garage was subsequently renewed again in
December 2001.
DETAILS OF APPLICATION
Full consent sought for
erection of a terrace of three houses with a vehicular access and parking
area. Plans show dwellings to be sited
approximately 3 metres back from the front boundary, vehicular accesses in
north west end of the frontage with provision made for access and parking to
the adjoining property to the northwest.
Removal of both septic tanks and replacement of new sewage management
plant in extreme north corner of the site with treated discharge water into
Arreton Stream. Three individual
essentially two storey properties, each comprising living room/kitchen and WC
on ground floor with two bedrooms and bathroom on first floor, with a third
en-suite bedroom in the roof space.
Dwellings proposed to be constructed in facing brick under concrete
interlocking tiled roofs.
Additional details supplied
by the agent confirm that the sewage treatment plant will be designed to
service five properties by a specialist company to the satisfaction of the
Environment Agency; that an attenuation tank will be installed to deal with
surface/storm water discharge from the site, again designed to a correct
specification. Points out that
elevational enhancements have been included.
DEVELOPMENT PLAN/POLICY
Land is shown to be within
designated development envelope as shown on Arreton inset X on Isle of Wight
Unitary Development Plan. Policies G1,
G4, D1, D2 of UDP apply and PPG3 supports development which utilises land
within development envelopes more economically, also steers residential
development towards areas designated or within development envelopes.
CONSULTEE RESPONSES
Environment Agency raise no
objection subject to safeguards.
Highway Engineer recommends
conditions if approved.
PARISH/TOWN COUNCIL
COMMENTS
Parish Council object on
grounds of excessive development and inadequate amenity space for each unit;
difficulties with sewerage discharge.
Land is liable to flooding from the main road and the stream; land has a
steep incline towards the stream.
Parish Council consider the
revised scheme to be overdevelopment, questions discharge to stream, suggest
liable to flooding from road and stream.
Objects and requests site inspection.
Arreton Parish Council
comment:
"The Parish Council thinks that three terraced houses here is still
too many for the site. Also the
proposal to discharge water from the sewage system into the stream is
unacceptable, as the village school has been refused permission to do
this. It is requested that Members of
the Development Committee visit the site to see how little room there is here
for this development. There is still
the question of flooding both from the road because of the slope of the land
and from the stream which is very close to the rear boundary. Therefore, the Council objects to this
planning application."
THIRD PARTY REPRESENTATIONS
Original scheme:
Five letters of objection
from local residents on grounds of inaccuracies in the plan (mainly
identification of properties); inadequate drainage; overdevelopment;
overlooking; stating that the septic tank is too near their property and that
it will discharge treated water to the watercourse; that the development is
incompatible as it is two dwellings and the properties are sited too far back
from the highway to be in keeping with the general pattern of development.
Readvertised scheme and
latest plan:
Sewage treatment plant too
close to property. Objects to discharge
of water into Arreton Stream. Increased
vehicular activity impacts on property.
Overlooking of rear garden, inadequate parking, inadequate detail on
plans, overdevelopment, inadequacy and inability of septic tank to cope. Possibility of flooding from the
stream. Noise and disturbance caused by
an increase in vehicular traffic. No
changes to scheme.
EVALUATION
This is a site located
within the designated development envelope in what is mostly a ribbon of
development fronting Arreton Street.
Given the fact that the development envelope includes this site, the
principle of residential development is not questioned, especially since there
is a valid permission for a single dwelling granted and renewed over the last
twelve years. Despite the fact that a
single dwelling has been approved, the use of the site for three dwellings
should be determined on the basis of whether or not the development works
practically and the resultant density.
Bearing in mind the
existing development in the vicinity, particularly to the southeast, it would
appear that three dwellings on this
site would result in a slightly higher density of development. PPG3 supports the increase in densities
generally and policies D1 and D2 seek to provide development with an acceptable
impact on adjoining properties through the design and layout of the scheme. The
principle of residential development of three dwellings is considered therefore
to be acceptable as it results in the best use of the land.
The Highway Engineer has
recommended conditions if approved, indicating that matters relating to access
and parking can be satisfactorily accommodated within the site.
In design terms, Arreton
Street is not a Conservation Area but development should be compatible with
surrounding development within which it is to be accommodated. In terms of scale and mass, the three
dwellings fit into the street scene satisfactorily, increased frontage depth
since development in the immediate vicinity, especially to the northwest does
not obey a rigid building line, but it is close to the back of the footpath.
The site is partially
presently occupied by two septic tanks and the proposal involves removal of
these and their replacement with a sewage management plant located in the
extreme northern corner, with the new dwellings discharging into it before its
discharge of treated water into the Arreton Stream. The existing septic tanks are to be removed and replaced by a
single treatment plant but I am assured by the Building Inspector that, subject
to a satisfactory specification for the sewage management plant, there is no
reason why both the existing and the proposed plots could not be adequately
served. Removal of the existing septic
tanks and the provision of the new and the connection of the existing
properties to it will be a matter of legal agreement between the developer and
the owners of the properties concerned and the arrangements for servicing the
new plant will also be for their agreement.
However, it would be desirable if the sewage management plant were
installed and operational prior to commencement of any other works on the site.
Members will note that the
Environment Agency are satisfied with the proposed scheme as will be seen from
the consultee response above.
With regard to effect on
adjoining properties, most windows are restricted to the front and rear
elevations and in the case of plot 1, only landing and toilet windows have been
included in the gable end, but these can be obscure glazed windows. Plot 3 is the same and these can also be
obscure glazed.
In design terms, the
terrace of smaller dwellings is considered to be more in keeping with the
character of this village location. The
street scene shows the overall height to be similar to that of the adjoining
property to the south east, enough though the roof space is intended to be used
for accommodation. It includes only a
single roof light to the rear slope to provide light and ventilation to the
bedroom. This will not be apparent in
the street scene.
Concern has been raised in
respect of flooding of the Arreton Stream at the rear of the site. The Arreton Stream runs from west to east
behind the residential properties fronting the north side of Main Road,
Arreton, joining a tributary of the Yar near Horringford. The section of the stream behind the site is
not within an area identified as a flood plain and the Environment Agency have
no record of reported flood at this site, but have had one report of a flood in
a nearby property.
In times of heavy rainfall
it is not unusual for water courses to overtop and the flood water to spread
over adjacent land. The factor to
consider here is whether or not the proposed development will make the existing
drainage regime worse or increase the likelihood of flooding. Development obviously does not increase the
rainfall on a site, but it can increase the speed of "run off". The recommendation includes a condition
requiring details of drainage (including stormwater) to be submitted for
approval before development is carried out and any approved drainage scheme
will include a provision of attenuation to limit the run off to ensure the
development does not increase possible flooding problems. The latest revised plan also shows such
provision.
The area does not appear as
flood plain on the Environment Agency's flood plains plan and therefore is not
an important flood water storage area.
Development of the site will not therefore exacerbate flooding elsewhere
as a result as the Environment Agency would have raised objection in their
earlier correspondence. Flooding is
most likely to occur in times of heavy rain if the water courses are obstructed
and not kept clear.
Following the Committee's
previous consideration, further plans and details have been received including
enhancement to the design, variation to individual treatment of units and
materials. A larger scale plan is now
included to show the access and parking arrangements in greater detail. A section through the site shows the mass,
height and relationship to the existing property to the east. I remain of the opinion that the proposals
are acceptable.
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 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 rights of others it
is considered necessary for the protection of 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
This is a site within the
development envelope, flanked by other residential property and the site has
had a consent for a residential property in the past. Current proposal seeks to use the land in a more economic way,
developing with two smaller dwellings.
Arreton Street is a
mix of residential ages,
styles, designs and materials and two dwellings with smaller curtilages will
still fit in with the character of the street scene. The development will therefore be consistent with policies H5,
D1, D2 and G1 of the Isle of Wight Unitary Development Plan.
RECOMMENDATION
- APPROVAL
Conditions/Reasons:
1 |
Time limit - full
- A10 |
2 |
Construction of the buildings hereby permitted shall not commence
until a schedule of all materials and finishes to be used for the external
roofing and walls of the same has been submitted to and approved in writing
by the Local Planning Authority.
Thereafter only such approved materials and finishes shall be used in
carrying out the development. Reason: To safeguard the
amenities of the locality and to comply with Policy D1 (Standards of Design)
of the IW Unitary Development Plan. |
3 |
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 development is commenced. 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. |
4 |
Notwithstanding conditions 3 and 6 of this permission a wall of one
metre in height, in materials to be agreed as part of the submission of
details as required by condition 2, shall be constructed along the full width
of the frontage except for the sections required for access. Reason: In the interests of the
amenities and character of the area and in accordance with Policy D1 of the
Isle of Wight Unitary Development Plan. |
5 |
Prior to commencement of the development hereby approved, the roadside
boundary of the site shall be lowered to a maximum of 1 metre in height above
existing road level over the whole frontage and shall be maintained
thereafter at a height no greater than 1 metre. Reason: In the interests of highway safety and to
comply with Policy TR7 (Highway Considerations) of the IW Unitary Development
Plan. |
6 |
Visibility splays of x = 2.4m and y = 120m dimension shall be
constructed prior to commencement of the development hereby approved and
shall be maintained hereafter, Reason: In the interests of highway safety and to
comply with Policy TR7 (Highway Considerations) of the IW Unitary Development
Plan. |
7 |
Vehicular access
- J30 |
8 |
The access and crossing of the highway 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: (a) 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 |
The car parking and turning areas shown on the plan attached to and
forming part of this decision notice shall be installed before the dwellings
are occupied and retained thereafter for the use of occupiers and visitors to
the development hereby approved. Reason: To ensure adequate
off-street parking provision and to comply with Policy TR7 (Highway
Considerations) of the IW Unitary Development Plan. |
10 |
The development shall not be brought into use until a suitable turning
space is provided within the site to enable vehicles to enter and leave the
site in forward gear in accordance with details to be agreed in writing by
the Local Planning Authority. This
space shall thereafter always be kept available for such use. Reason: In the interests of
highway safety and to comply with Policy TR7 (Highway Considerations) of the
IW Unitary Development Plan. |
11 |
No development shall take place until full details of both hard and
soft landscape works have been submitted to and approved in writing by the
Local Planning Authority and these works shall be carried out as approved. These details shall include proposed
finished levels or contours; means of enclosure; car parking layouts; hard
surfacing materials. Reason: To ensure the appearance
of the development is satisfactory and to comply with Policy D3 (Landscaping)
of the IW Unitary Development Plan. |
12 |
All of the existing properties and the proposed properties hereby
approved shall be connected to a new sewage disposal system and development
shall not commence until drainage works have been carried out in accordance
with details to be submitted to and approved in writing by the Local Planning
Authority. Reason: To ensure an adequate
system of sewage disposal is provided for the development and to comply with
Policy U11(Infrastructure and Services Provision) of the Isle of Wight
Unitary Development Plan. |
13 |
Notwithstanding the provisions of any current Town and Country
Planning (General Permitted Development) Order 1995 (or any Order revoking
and re-enacting that Order), no extension, building or structure permitted by
Part 1, Classes (A, B, C and E) of the 1995 Order, as amended, shall be
erected within the curtilage of the site without the prior written approval
of the Local Planning Authority. Reason: In the interests of
amenities of the area and to comply with Policy D1 (Standards of Design) of
the IW Unitary Development Plan. |
14 |
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. 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. |
15 |
The windows included in the northwest elevation of plot 1 and the
south east elevation of plot 3 shall be glazed and shall thereafter be
maintained in obscured glass and only the top half of the window shall be
opening with the remaining, lower half fixed shut. Reason: In the interests of the
adjoining residential property and in accordance with Policy D1 of the Isle
of Wight Unitary Development Plan. |
Head of Planning Services