REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 24 OCTOBER 2003

 

2.

TCP/13691/G   P/01510/03  Parish/Name:  Newport

Registration Date:  28/07/2003  -  Full Planning Permission

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

 

2 detached houses with garages;  vehicular access, (revised scheme)

land between 'Spindles' (62) and Harewood Lodge (66), Clatterford Road, Newport, PO30

 

REASON FOR COMMITTEE CONSIDERATION

 

The application has proved to be particularly contentious and has raised a number of issues that warrant committee consideration.

 

PROCESSING INFORMATION

 

This is a minor application, the processing of which has taken thirteen weeks to date.  The processing of this application has gone beyond the prescribed eight week period for determination of applications because of the need to ensure receipt of all consultee comments, the need for a Committee consideration and a Committee site visit.

 

LOCATION AND SITE CHARACTERISTICS

 

This application relates to an irregular shaped site surrounded on all sides by residential properties.  To the south is a prominent Grade II Listed Building (Harewood Lodge), to the north east is a split level bungalow (Spindles), immediately north west are properties fronting Nodgham Lane and to the south east are properties fronting Clatterford Road separated from the application site by the driveway serving Harewood Lodge.

 

The site slopes away from the north west to the south east boundary and contains a number of trees, three of which are protected by a recently confirmed Tree Preservation Order.  There is a substantial 2 metre high beech hedge between the site and the property to the north east with a 1.8 metre high leylandi hedge along part of the rear boundary.  Although the application site is under the same ownership as Harewood Lodge, the two are almost totally separated by a line of substantial natural growth consisting of both deciduous and coniferous specimens.

 

The application site, Spindles, Harewood Lodge and 60 Clatterford Road are served by a shared access drive off Clatterford Road.  This has a metalled finish and varies in width from 3.6 metres to 2.6 metres.

 

RELEVANT HISTORY

 

Outline consent, including siting and means of access, was conditionally approved for two bungalows in January 2001.

 

Detailed consent was refused for two houses in June of this year under the delegated powers procedure.  Reasons for refusal can be summarised as follows:

 

 

 

 

 

DETAILS OF APPLICATION

 

Full consent is sought for two detached houses.  Both houses would be dug into the slope so that they appear two storey from the front and single storey at the back.  The houses have been designed with their living accommodation at first floor level in order to benefit from the distant views.  Each house would have four bedrooms (one en suite), bathroom and an attached garage at ground floor level with a lounge, dining room, kitchen/diner and a WC at first floor level.  There would be a balcony across part of the front and over the side garage of each dwelling.

 

Although both proposed houses would offer a similar level of accommodation, plot 1 (closest to Harewood Lodge) would be marginally smaller and less detailed in design than plot 2, (nearest to Spindles).  Both houses would be finished with cedar cladding and colour washed render under a slate roof.  The three protected trees and the substantial belt of natural growth between the application site and Harewood Lodge are shown to be retained.  The dwelling on plot 1 is shown to be approximately 18 metres north of Harewood Lodge and 3 metres from the north western boundary.  The dwelling on plot 2 would be situated approximately 2 metres away from the beech hedge along the north eastern boundary and some 15 metres from the nearest part of Spindles.  It is proposed to widen the access at the junction with Clatterford Road in order to facilitate the additional traffic associated with the proposed development.

 

DEVELOPMENT PLAN/POLICY

 

PPG3 (Housing) encourages the efficient use of land in urban areas but stresses that this should not be at the expense of cramped development.  The government attaches particular importance to the "greening" of residential environments and states that landscaping should be an integral part of new development and opportunities should be taken for the retention of existing trees and shrubs, and for new plantings.

 

The site is situated within the development envelope boundary as defined on the Unitary Development Plan (UDP) and is also situated within an Area of Outstanding Natural Beauty (AONB).

 

The following UDP policies are considered applicable:

 

S1 - New development will be concentrated within existing urban areas.

 

S6 - All development will be expected to be of a high standard of design.

 

S10 - In areas of designated or defined scientific, nature conservation, archaeological, historic or landscape value, development will be permitted only if it will conserve or enhance the features of special character of these areas.

 

G1 - Development Envelopes for Towns and Villages.

 

G4 - General Locational Criteria for Development.

 

D1 - Standards of Design.

 

B2 - Settings of Listed Buildings.

 

H4 - Unallocated Residential Development to be restricted to Defined Settlements.

 

H5 - Infill Development.

 

C2 - Areas of Outstanding Natural Beauty.

 

C12 - Development Affecting Trees and Woodland.

 

TR7 - Highway Considerations for New Development.

 

CONSULTEE RESPONSES

 

Highway Engineer recommends conditions should application be approved.

 

The Council's Conservation Officer states:

 

"On the understanding that the trees and landscaping as shown on the plans will be retained and controlled by conditions, I am of the opinion that the revised details for the dwellings would not adversely affect the setting of the Listed Building, or the longer distant views of the site from the Conservation Area in the vicinity of Carisbrooke Castle."

 

Senior Countryside Officer states:

 

"Given the existing outline consent I can see no reason to refuse it now.  The most important tree to protect is the sycamore between the two plots.  I have made a TPO to protect this tree and others on the site, because of the effect on the views....  The sycamore in particular, although a good specimen, is vulnerable because of its location and special precautions are necessary to ensure that it is undamaged.  This should include a condition that the driveway, which encroaches on the crown of the tree, is (and remains) a permeable surface laid over the existing ground level, so that no root disturbance occurs nor loss of soil drainage or aeration."

 

The AONB Planning and Information Officer states:

 

"Further to our comments on earlier schemes for this proposal, we do appreciate some attempt has been made in terms of revised siting to enable these houses to sit more comfortably in the landscape, particularly in terms of retaining tree cover.

 

However, we remain concerned at the proposed height and scale of this revised scheme, particularly considering the adjacent property (Spindles) is a bungalow.  We suggest that the applicant submits a photo montage to illustrate how the proposed development would sit in the landscape in relation to adjoining properties, in order to assess its impact on an Area of Outstanding Natural Beauty."

 

Following submission by applicant’s agent of a pictorial presentation of the houses in the landscape, further comments have been received from AONB Planning and Information Officer.  She comments that the artist (architect) has captured well the objective to retain the leafy green foil surrounding development, which characterises this area of settlement and Area of Outstanding Natural Beauty.  In particular, she notes that the illustration suggests that the green foil between the proposed houses and existing houses along the eastern side of Nodgham Lane would be visible from Carisbrooke Road.  She would wish to ensure that the heights and levels of the final built development do in fact achieve what is illustrated in the artistic impression and that landscaping and planting conditions of any permission granted ensure that this is maintained.  With regard to the general design of the two proposed houses, it is considered that they no longer mimic each other in design and therefore sit more comfortably with the diverse style of design and materials that characterises this area of settlement and Area of Outstanding Natural Beauty.  The only remaining reservation is the elaborate use of decking on the front elevations.

 

PARISH/TOWN COUNCIL COMMENTS

 

None.

 

THIRD PARTY REPRESENTATIONS

 

Carisbrooke West Community Forum objects on grounds of overdevelopment and also has concerns over increased traffic, and parking related problems for Clatterford Road residents.

 

Five letters of objection from neighbours and local residents which can be summarised as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional letter received from co-owner of adjoining property reiterating grounds of objection detailed in earlier letter.  In addition, some procedural issues were raised regarding briefing of Members and the public speaking procedure.

 

One letter received from a local resident confirming that she has no particular objection to the proposal. 

 

CRIME AND DISORDER IMPLICATIONS

 

No crime and disorder implications are anticipated.

 

EVALUATION

 

The site is within the development envelope for Newport and is the subject of an extant outline consent for two bungalows.  The principle of two dwellings is therefore established.  Therefore, the main consideration in respect of this proposal is whether the developer has satisfactorily overcome the previous reasons for refusal in order to justify approval of this latest application.

 

SETTING OF LISTED BUILDING    

 

The Listed Building dates from the early nineteenth century and is a villa style dwelling with a low pitched hipped roof, rendered elevations and a distinctive veranda.  Although situated outside of the Conservation Area, it is a prominent feature in the landscape, particularly when viewed from the grounds of Carisbrooke Castle where the building is seen against a background of a garden with tree screening.

 

The latest proposal shows that the dwelling on plot 1, which would be closest to the Listed Building, has been reduced in size and the design simplified in order to reduce the visual impact.  The dwelling has also been positioned to minimise its impact on existing trees and landscape screening between plot 1 and the Listed Building.  On the basis of the distance between the Listed Building and plot 1 (some 18 metres), the presence of substantial trees and landscaping together with the revised design proposals, I am of the opinion that the proposed development would not adversely affect the setting of the Listed Building, or the longer distant views of the site from the Conservation Area in the vicinity of Carisbrooke Castle.

 

LANDSCAPE SETTING

 

The site does have important landscape characteristics that contribute to the pleasant suburban character of this part of Carisbrooke.  Such features are particularly important when viewed from Carisbrooke Castle as it is from this direction that the character of the built environment between Clatterford Road and Nodgham Lane, i.e. low density, detached houses, offset amongst mature trees, is fully realised.

 

It is my opinion that the revised proposals have due regard to the landscape features of the site.  The three trees recently protected by a TPO are shown to be retained.  All three of these trees play an important role, but the sycamore is considered to be the most important because of its potential to partially screen the proposed development from Carisbrooke Castle.  The spatial relationship of this development with the sycamore is similar, if not arguably better, than the siting of the two bungalows as approved under the extant outline consent.  The Council's Senior Countryside Officer is also of the view that the latest proposal is acceptable on landscape grounds, particularly when considering the outline consent.  He does, however, suggest a condition stating that the driveway, which partially encroaches on the crown spread of the tree is (and remains) a permeable surface laid over the existing ground level, so that no root disturbance occurs, nor loss of soil drainage or aeration.

 

Whilst noting concerns of the AONB Planning and Information Officer in respect of the decking on the front elevation of the dwellings, these features are not considered to be inappropriate and I am satisfied that they will not have significant impact to the detriment of the landscape character of the locality.

 

DESIGN

 

Previous application proposed two houses which, other than being handed, were identical in all respects.  This was considered to be a form of repetitive development that would not have fitted comfortably into its surroundings because of the mix of dwellings in proximity to the application site.  Views from Carisbrooke Castle show Victorian style semi detached houses, substantial detached properties, bungalows and chalet bungalows.  Although there are clear similarities between plots 1 and 2, I am of the opinion that they are sufficiently different to overcome the previous reason for refusal.

 

In terms of the actual design, there can be no doubt that the external appearance of both dwellings is individual and would bear little resemblance to other dwellings in the immediate area.  It is my opinion that this should not necessarily be seen as a negative aspect of the proposed development, particularly when considering the mix of dwelling types surrounding the application site.  Also, the simplified design and reduced scale of plot 1 will help to reduce the visual impact of that property relative to the adjoining Listed Building.

 

One objector has made specific reference to a condition on the outline consent which states that the approved dwellings should be single storey only in the interests of the amenities of the area.  It was recognised at the time of the outline consent that two single storey properties would have limited impact on the surrounding area with that impact likely to be greater in the winter rather than the summer when trees are not in leaf.  Two houses as proposed would most certainly be greater in scale and mass than the two bungalows approved under the outline consent but, in my opinion, would not appear cramped or out of character because of the sufficient space retained between buildings and the acceptable design as detailed above.

 

ACCESS

 

Means of access was considered at the time of the outline application.  This included alterations to the existing access onto Clatterford Road.  The current proposal is the same in access terms as the extant consent.  I therefore see no justifiable reason on highway grounds to withhold consent.  The proposed parking arrangements for each dwelling comply with development plan policy.

 

In terms of the impact upon the privacy and amenities currently enjoyed by neighbours, the main concern to be addressed is the potential for overlooking from the proposed windows and balconies.  The proposed dwellings would be situated approximately 30 metres away from the boundary shared with the back gardens of Clatterford Road properties.  Not only does this boundary comprise a high evergreen hedge, but there is also a substantial belt of natural growth between the proposed dwellings and the south eastern boundary.  I am therefore of the opinion that any loss of privacy to the nearby properties fronting Clatterford Road would not be of significance.

 

The owner of Spindles is concerned that the balcony serving plot 2 may give rise to overlooking and general disturbance.  The agent has confirmed that the respective side of the balcony would be fitted with an appropriate screen to minimise overlooking.  It is my opinion that the curved part of the balcony to the front would not give rise to an unacceptable level of overlooking.  General disturbance is unlikely to be significant particularly when considering that the balcony would be approximately 20 metres away from the nearest part of Spindles.  Furthermore, I would recommend a condition in respect of the first floor side facing window to ensure that it is fitted with obscure glass at all times as well as being kept fixed shut.

 

Concern has been expressed regarding drainage and, in particular, if the existing private drain serving Clatterford Road properties has sufficient capacity to accommodate additional sewage.  The agent has recently confirmed that the proposed development would not tap into the existing drain but would be taken straight to the public sewer via a new drain to be laid along the line of the drive.

 

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 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 of the Council's Unitary Development Plan and in the public interest.

 

JUSTIFICATION FOR DECISION

 

Having given due regard and appropriate weight to all material considerations outlined in this report, it is considered that the site is capable of accommodating two houses whilst still retaining the main trees on site and without compromising the character of the area which is designated as an AONB.  I am also of the opinion that the siting and design is such that the amenities of the adjoining property occupiers would not be compromised by this development.  I therefore consider that the proposal is acceptable and does not conflict with policies contained in the UDP.

 

            RECOMMENDATION   -   APPROVAL

 

Conditions/Reasons:

 

1

Time limit - full   -   A10

2

Submission of samples   -   S03

3

No development shall take place until a detailed scheme has been submitted to and agreed in writing with the Local Planning Authority indicating the means of foul water disposal.  Any such scheme shall indicate connections at points on the system where adequate capacity exists to ensure that additional flows do not cause overloading of the existing system.  The agreed system shall be retained and maintained thereafter in accordance with the approved details.

 

Reason: To ensure adequate system of foul and surface water drainage is provided for the development and to comply with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.

4

Prior to occupation of either of the dwellings hereby approved, the access and crossing of the highway verge and/or footway shall be widened and constructed in accordance with a scheme agreed with the Local Planning Authority prior to development commencing on site.

 

Reason:  To ensure adequate access to the proposed development and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

5

The development shall not be brought into use until a maximum of four parking spaces including garages has been provided within the curtilage of the site and thereafter all of those spaces shall be kept available for such purposes.

 

Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

6

Provision of turning area   -   K40

7

Prior to occupation of the development hereby approved, the level of the land highlighted yellow on the plan attached to and forming part of this decision notice shall be lowered and the existing highway footway shall be widened in accordance with a specification to be agreed in writing with the Local Planning Authority.  The resultant visibility splays shall be subsequently kept free of obstruction.

 

Reason: In the interests of highway safety and to comply with Policy TR7 of the Isle of Wight Unitary Development Plan.

8

Before the development commences a landscaping and tree planting scheme and details of other hard surfacing shall be submitted to, and approved in writing by, the Local Planning Authority.   Such scheme shall specify the position, species and size of trees to be planted, the phasing and timing of such planting and shall include provision for its maintenance during the first five years from the date of planting.

 

Reason:  To  ensure  that  the  appearance  of  the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

9

The landscaping scheme shall be completed within six months from the completion of the last building shell, or such other date as may be agreed in writing with the Local Planning Authority.  Any trees or plants which die during the first five years shall be replaced during the next planting season.

 

Reason: To ensure that the landscape scheme is completed in the interests of the appearance of the development and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.

10

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 buildings are occupied.  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.

11

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 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.

12

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 approved 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.

13

Before the balcony to the house on Plot 2 is brought into use, a solid/opaque screen to a minimum height of 1.8 metres shall be erected on the north eastern perimeter and shall be retained thereafter, in accordance with details to be submitted to and approved by the Local Planning Authority prior to work commencing on site.

 

Reason:  In the interests of the privacy and amenity of the occupiers of the adjoining property and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

14

The first floor window in the north east elevation of the dwelling on of Plot 2 shall at all times be fitted with obscure glass and fixed shut.

 

Reason: In the interest of the amenities of the adjoining property occupiers and to comply with Policy D1 of the Isle of Wight Unitary Development Plan.

15

No development shall take place until a specification of the proposed driveway, parking and turning area including levels, method of construction and surface has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out and thereafter retained and maintained in accordance with the agreed details.

 

Reason: To ensure the protection of the trees to be retained in the interest of the amenities of the area and to comply with policies D1 and C12 of the Isle of Wight Unitary Development Plan.

16

No development including site clearance shall commence on the site until all trees, shrubs and other natural features, not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier along a line to be agreed in writing with the Local Planning Authority.  Any fencing shall conform to the following specification:

 

1.2m minimum height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2m minimum above ground height timber posts driven firmly into the ground/or 2.4m minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree.  Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply:

 

(a) No placement or storage of material;

(b) No placement or storage of fuels or chemicals.

(c) No placement or storage of excavated soil.

(d) No lighting of bonfires.

(e) No physical damage to bark or branches.

(f) No changes to natural ground drainage in the area.

(g) No changes in ground levels.

(h) No digging of trenches for services, drains or sewers.

(i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged.

 

Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damaged to health and stability throughout the construction period in the interests of amenity and to comply with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.

17

The existing trees, shrubs and hedgerows on the southern boundary between the application site and Harewood Lodge shall be retained and maintained and, where necessary, reinforced with further planting, the details of which shall accord with a scheme to be agreed in writing with the Local Planning Authority.

 

Reason: In the interest of the amenities of the area in general and the setting of the adjoining Listed Building in particular and to comply with policies D1 and B2 of the Isle of Wight Unitary Development Plan.

18

All material excavated as a result of general ground works including site levelling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red/blue on the submitted plans.  The material shall be removed from site prior to the construction of the dwellings proceeding beyond damp proof course level.

 

Reason:  In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

 

 

A ASHCROFT

Head of Planning Services