REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 30 JANUARY 2004

TCP/13631/C P/01974/03 Parish/Name: Newport

Registration Date: 08/10/2003 - Full Planning Permission

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

Two storey building to provide four flats; vehicular access and parking, (revised scheme)

land adjacent 17-18, Winchester Close, Newport, PO30

REASON FOR COMMITTEE CONSIDERATION

Report requested by local Member, Councillor Shirley Smart, who is of the opinion that the proposed development would, by reason of its scale, adversely affect the character of the area and in particular be detrimental to the setting of adjacent Listed Buildings.

PROCESSING INFORMATION

This is a minor application, the processing of which has taken fifteen weeks to date. The processing of this application has gone beyond the prescribed eight week period for determination of planning applications because of on-going negotiations and the need for Committee consideration.

LOCATION AND SITE CHARACTERISTICS

Site is situated on the northern side of Winchester Close, approximately 35 metres east of its junction with Linden Road. The site was previously used as garden area to no. 97 but has now been fenced off. It is rectangular in shape measuring some 18.5 metres wide at the front widening to some 20 metres at the back with depth in the region of 23 metres. The site has a slight fall towards the rear. Although Winchester Close is characterised by modern development comprising of flats and semi-detached houses, both adjacent properties at 97 and 99 Castle Road are Grade II Listed Buildings but of quite different character. No.97 is directly to the rear and comprises of a rendered cottage whereas 99 is finished in timber cladding and situated immediately to the west.

RELEVANT HISTORY

TCP/13631A/P00970/99 - Outline for two semi-detached houses with parking and access off Winchester Close. Consent granted 7 March 2000.

TCP/13631B/P00076/03 - Two-storey building to provide five flats including one flat within roof space and parking; formation of vehicular access. Refused 10 March 2003 for the following reason:

"The proposed development, by reason of its scale, massing and overall appearance would adversely affect the character of the area and in particular be detrimental to the setting of adjacent Listed Buildings compromising their character and quality. Consequently the proposal is contrary to Policy D1 (Standards of Design) and B2 (Settings of Listed Buildings) of the Isle of Wight Unitary Development Plan."

This application has recently been dismissed at appeal. The following has been extracted from the Inspector's report:

"The principle of residential development on the site is not in dispute, and the appellant and the Council agree that there is a need for more flats in Newport..... In my opinion, the proposed height, shape and pitch of the roof, together with the large rooflights, are uncharacteristic of the plain, shallow roofs in the immediate vicinity, including that of the Listed building at 99 Castle Road. I consider that the roof would be a dominant feature, and together with the overall size and mass of the building, would result in a visually intrusive form of development, which would not be sympathetic to the character of the street scene."

DETAILS OF APPLICATION

Consent is sought for a "T" shaped two-storey building providing four two bedroom flats. The building is shown to be constructed partly of buff brick and partly of white painted render under a hipped natural slate roof. Plans show four parking spaces off Winchester Close.

The proposed building would be situated some 6 metres from the northern (rear) boundary, 2 metres from the eastern boundary and 5 metres from the western boundary.

DEVELOPMENT PLAN/POLICY

PPG3 (Housing) encourages efficient use of land in urban areas by promoting higher densities while also stressing the need for good design in new housing developments in order to create attractive, high quality living environments in which people will choose to live.

Site is situated within the development envelope for Newport as identified on the Isle of Wight Unitary Plan Development Plan (UDP). Relevant policies are as follows:

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

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

G1 - Development Envelopes for Towns and Villages.

G4 - General Locational Criteria for Development.

D1 - Standards of Design.

D2 - Standards for Development within the Site.

B2 - Settings of Listed Buildings.

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

H5 - Infill Development.

TR16 - Parking Policies and Guidelines.

Reference is also made to the Housing Needs Survey which identifies among other needs a demand for smaller two and three bedroom homes.

The site is located within parking zone 3 of the UDP where parking provision 0 - 75% of the non-operational requirement applies. The guideline figure is a parking space per bedroom, therefore, current proposal would attract maximum parking provision for six vehicles.

CONSULTEE RESPONSES

Highway Engineer recommends conditional approval.

The Council's Conservation Officer is of the opinion that the latest proposal has significantly improved the scale and design of the building and would therefore relate better to the nearby Listed Buildings.

PARISH/TOWN COUNCIL COMMENTS

Not applicable.

THIRD PARTY REPRESENTATIONS

Application has been subject of six letters of objection from Winchester Close residents. Points raised are summarised as follows:

Would dominate both adjoining Listed Buildings.

Proposed materials are out of context.

The visual impact of this development would outweigh any benefits to the housing stock.

Inadequate parking.

CRIME AND DISORDER IMPLICATIONS

No crime and disorder implications are anticipated.

EVALUATION

The principle of residential development on this site is considered to be acceptable as it clearly represents an ideal brownfield area of land being situated within the development envelope for Newport. Members will note that there is planning history pertaining to this site. Firstly, an outline consent for a pair of semi-detached houses that has now expired and secondly, a recent application for five flats refused on grounds of excessive scale and mass and that this would be detrimental to the setting of adjacent Listed Buildings.

The determining factor in respect of this application is whether the latest proposal satisfactorily overcomes the previous reason for refusal, with particular emphasis on scale, mass, design and relationship of the development with adjoining Listed Buildings.

The refused scheme included a flat in the roof space which would have resulted in a far higher, steeper and bulkier cropped gabled roof. The plans now under consideration show a building reduced in height by some 2 metres under a fully hipped and relatively shallow pitched roof. The Council's Conservation Officer is of the opinion that this has significantly improved the scale and design of the building and that it would therefore relate better to the nearby Listed Buildings. The proposed building has been articulated which again helps to reduce the overall scale and mass. The result being a building that, in my opinion, does not compete with the appearance or setting of either nearby Listed Building. In terms of the actual design, the Conservation Officer was largely happy with the scheme as first submitted. However, one or two minor concerns relating to the proposed window arrangement have been addressed through the submission of revised plans.

Members' attention is drawn to Appendix A which identifies the difference in terms of scale and mass between the refused and proposed schemes. This clearly demonstrates that the overall scale and mass has been substantially reduced and the roof shape more characteristic of adjoining properties, particularly the adjoining Listed building at 99 Castle Road. I firmly believe that differences in scale, mass and design are sufficient to overcome the concerns expressed by the Inspector in her decision and therefore see no justifiable reason to withhold consent.

Concern has been expressed that the proposed materials are out of context. The submitted plans indicate a mix of render and buff brickwork. This is an attempt to relate the proposal to the rendered Listed Building behind and a modern semi-detached building to the east. I believe that the proposed use of materials offers a successful transition between two different types of treatment on adjoining buildings and therefore consider the proposal to be in keeping with the locality.

In terms of parking provision, the proposal for one space per flat on this zone 3 site is considered to comply with the Council's parking guidelines as detailed in the UDP.

To conclude, it is my opinion that the proposed development strikes a balance between making efficient use of land whilst at the same time retaining sufficient space about buildings, preserving the setting of adjoining Listed Buildings and avoiding a cramped appearance in the street scene.

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 and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations outlined in this report, I am of the opinion that the previous concern relating to scale, mass and design have been satisfactorily addressed so that the proposed development would sit harmoniously alongside both adjoining Listed Buildings and into the street scene in general. I therefore consider that the proposal is acceptable and therefore complies with policies contained in the UDP.

RECOMMENDATION - Approval

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

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

Notwithstanding the details shown on drawing no. 2174/16/03 Rev.A, a full specification of the proposed windows and doors shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out and thereafter maintained in accordance with the agreed details.

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

The first floor bathroom windows in the south west and north east elevations shall at all times be fitted with obscure glass.

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

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.

The landscaping scheme shall be completed within six months from the substantial completion of the 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.

The two first floor windows in the south west elevation serving bedroom 2 and kitchen shall at all times be fitted with obscure glass and fixed shut unless otherwise agreed in writing with the Local Planning Authority.

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

8	The building shall not be occupied until a means of vehicular access has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

The access and crossing of the highway verge and/or footway shall be constructed in accordance with a scheme agreed with the Local Planning Authority before the development hereby approved is completed.

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

ANDREW ASHCROFT

Head of Planning Services