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.

 

 

A ASHCROFT

Head of Planning Services