Agenda item

Land off Main Street, Eaton

Applicant:     Mr Craig Smith

Location:      Land off Main Street, Eaton

Proposal:      Erection of four dwellings

 

(a)  The Planning Officer (LP) stated that:

There is one update to the report and this regards the comments of the Highway Authority, an amended layout plan was received on 29 September 2017, this was considered by the County Highway Authority who acknowledge the pedestrian links now provided from the parking areas through the back garden to the rear doors of Plots 1-3, which reduces the likelihood of residents parking on Main Street out of convenience.

As a result the County Highway Authority do not offer any objection to the proposal and have suggested 3 conditions which read as follows

Condition one

Notwithstanding the submitted plans, the proposed accesses shall have a gradient of no more than 1:12 for a distance of at least 5 metres behind the highway boundary and shall be surfaced in a bound material with 2 metre kerbed radii.  Drainage shall be provided so water does not drain into the Public Highway and the access once provided shall be so maintained at all times.  The visibility splays of 2.4 x 43 metres, once provided shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

Condition two

The new vehicular access hereby permitted shall not be used for a period of more than one month from being first brought into use unless the existing vehicular access on Main Street that becomes redundant as a result of this proposal has been closed permanently and reinstated in accordance with details first submitted to and agreed in writing by the LPA.

Condition three

The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with the revised layout plan.  Thereafter the onsite parking provision shall be so maintained in perpetuity.

In so far as the application details, the proposal is a full application for 4 dwellings, the site is a brownfield site and therefore benefits from a presumption in favour of development, however Eaton is not considered a sustainable location for new housing development.

 

The application presents a balance of competing objectives and the Committee is invited to reconcile these in reaching its conclusion.

The site is a brownfield site, having previously been sued as a dairy and parlour but has been vacant fro some time with permissions previously granted on the site for log cabins.  It is considered that there are material considerations of significant weight in favour of the application, and it’s previously use land class adds additional support.

Balanced against the positive elements are the specific concerns raised in representations with regards to site levels and also the sustainability of Eaton.

 

In applying the test as required by the NPPF it is considered in this instance that the benefits outweigh the harm and permission should be granted as per the officer report.

Please note though, the conditions of the report would need amending to take into consideration the amended plan reference and the additional highway conditions suggested.

 

(b)  Eric Luckwell, an objector, was invited to speak and stated that:

·                 Proposed access has potential to increase road accidents

·                 Fast traffic unable to see cars exiting and vice versa

·                 Traffic calming measures would slow this

·                Overshadowing, overlooking, loss of privacy, noise and disturbance

·                 Out of scale

·                 Insufficient distance to building

·                 Garage could be converted to dwelling

·                 Condition for it to always remain a garage

·                 Water runoff concerns

·                 Add constraint to lower the site

 

(c)  Colin Wilkinson, the agent on behalf of the applicant, was invited to speak and stated that:

·                 Well contained

·                 Significant improvement

·                 Consulted locals and feedback was taken into account

·                 Interest in dwellings already shown

·                 Ironstone and brick construction

·                 Access improved from previous scheme

·                 Improve visibility splays

·                 Mix of dwellings as required

·                Local Plan confirms Eaton is sustainable for small scale development

 

A Cllr asked why an upstairs is needed on a garage and they would like to see the whole site lowered.

 

Mr Wilkinson explained the upstairs would be an office for the applicant, not living space and a condition could be added to prevent it being used as a dwelling. The previous scheme had no conditions regarding the site level however it could be looked into if it meets with Members' requirements.

 

The Chair stated that he was concerned with the levels particularly on the garage block.

 

Mr Wilkinson said he was happy to look at the levels at certain points of the site.

 

A Cllr asked if there would be access to the courtyard via the gate on the corner.

 

Mr Wilkinson said there would be a right of access however it could not be used for vehicular access.

 

The Planning Officer (LP) stated that the upstairs of the garage is intended to be used as an office and condition 11 states ancillary use. The levels of the site had a condition replicated as condition 5 from the previous application for log cabins. There is one access point for vehicles as stated in condition 1.

 

Cllr Baguley proposed to permit the application with the condition of levels lowered as in the previous application. Small developments in villages are needed.

 

Cllr Botterill seconded the proposal to permit with the three garages as single storey, the office added to applicant's house, and lowering of site nearest adjacent houses.

 

Cllr Baguley accepted the levels condition but not the single storey garages.

 

Cllr Wyatt seconded the application with the levels lowered to a minimum of a metre.

 

A Cllr asked for the Highways conditions to be added.

 

Cllr Baguley confirmed she was happy to take the conditions.

 

A Cllr stated they had concerns on the second storey on the garage as it could be turned into a granny flat or let out as commercial offices. Concerns on contamination of site.

 

A Cllr asked for the development to be built with the same materials of the barn conversions i.e. with ironstone

 

A Cllr asked for the conditions on the levels to be approved by the Committee and the Ward Member.

 

Cllr Baguley confirmed she was happy to include this and asked for a condition on contamination.

 

A vote was taken. 9 Members voted in favour of approval. 2 Members voted against approval.

 

Determination: PERMIT, subject to:

(a)  The conditions as set out in the report

(b)  Additional and amended conditions as reported by the Planning Officer relating to highways, parking and the amended plan.

(c)  An amended condition addressing site levels to ensure a reasonable relationship between the application site and neighbouring dwellings.

 

REASONS: The Borough is not deficient in terms of housing land supply. The methodology used to demonstrate that there is a 5year supply has included sustainable sites, which have been scrutinised as part of the evidence supporting the new Local Plan.

 

The application site does not form a sustainable site and preforms poorly in the provision of and distance to services required for day to day living.

 

Housing provision remains of the Council’s key priorities.  This application presents a limited number of smaller housing that helps to meet identified local needs.  Accordingly, the application represents a vehicle for the delivery of housing of the appropriate quantity, in proportion with the development and of a type to support the housing need. 

 

The site is a brownfield site, having previously been used as a dairy and parlour but has been vacant for some time with permissions previously granted on the site for log cabins. It is considered that there are material considerations of significant weight in favour of the application, and it’s previously use land class adds additional support.

 

It is considered that balanced against the positive elements are the specific concerns raised in representations, particularly the site levels and the sustainability of Eaton.

 

In conclusion it is considered that, on the balance of the issues, there are significant benefits accruing from the proposal when assessed as required under the guidance in the NPPF in terms of housing supply and the smaller units on a Brownfield site.  The balancing issues – development in an unsustainable location and appearance – are considered to be of limited harm. 

 

Applying the ‘test’ required by the NPPF that permission should be granted unless the impacts would “significantly and demonstrably” outweigh the benefits; it is considered that permission should be granted.