APPLICATION 14/07073/FU- Alteration

Originator: Shameem
Hussain
Tel: 0113 2478024
Report of the Chief Planning Officer SOUTH AND WEST PLANS PANEL
Date: 9th July 2015
Subject: APPLICATION 14/07073/FU- Alterations to plot 12 involving repositioning of
house, single detached garages to plots 3, 4 and 13. Amendments to previous
approval 13/00625/FU on land off Daisy Hill Close Morley LS27 8DL
APPLICANT
Yelcon Limited
DATE VALID
23rd December 2014
TARGET DATE
4th August (extended)
Electoral Wards Affected:
Specific Implications For:
Rothwell
Equality and Diversity
Community Cohesion
Yes
Ward Members consulted
(referred to in report)
Narrowing the Gap
RECOMMENDATION:
Grant permission subject to the conditions referred to in the report below
Conditions
1. Time limit on permission
2. Plans to be approved
3. Details of fences and walls to be provided
4. Statement of Construction Practice
5. Details of existing and proposed ground levels and finished floor levels to be agreed
6. Laying out of areas to be used by vehicles
7. Maximum gradient to driveways
8. Adoption of highway (Section 38 works)
9. Minimum internal dimensions of garages
10. Submission and implementation of landscaping details
11. Landscape Management Plan
12. Protection of retained trees and hedges
13. Preservation of retained trees and hedges
14. Provision for replacement trees and planting as necessary
15. Submission of walling and roofing materials
16. Submission of surfacing materials
17. Flood Risk management details to be submitted
18. Surface water drainage works to be approved and implemented
19. Surface water drainage scheme to be implemented in accordance with approved
scheme
20. Development to be carried out in accordance with approved drainage details
21. Reporting of unexpected contamination
22. Submission of verification reports
23. Development to be Secured by Design scheme
24. Removal of permitted development rights for extensions and roof alterations
25. Removal of permitted development rights for additional windows in gable ends
26. Coal Site Investigation works
27. Submission of bat roosting and bird nesting opportunities
28. No clearance of trees and vegetation during breeding season
29. The introduction of lounge windows at ground floor level to Harewood housetype is for
plot 12 only.
1.0
INTRODUCTION
1.1
This application is brought to Plans Panel (South and West) at the request of Ward
Councillor Finnigan as he considers that the application is controversial due to
previous Panel decision and the level of objections that were received.
1.2
Application 13/00625/FU for residential development was considered by members at
South and West Plans Panel and approved on 13th March 2014.
2.0 `
PROPOSAL:
2.1
The application seeks alterations to plot 12, which accommodates the Harewood
housetype. House 12 as part of the original approval (13/00625/FU) is positioned
adjacent to plot 11 in a uniform row.The dwelling is proposed to be rotated 30
degrees clockwise to improve its position within the plot and its relationship with
surrounding dwellings. The distance to these dwellings is increased from 22m to
30m. Due to the orientation the corner of the house is brought closer to the western
boundary, and achieves a distance of 13m at this point. A single garage is
repositioned from the front of dwelling 12 to between plot 12 and plot 11. The
original approval has both garages for plots 12 and 13 positioned adjacent to each
other to the front of dwelling number 12. The proposal repositions the single garage
for plot 12, with the garage for plot 13 remaining in the same position. Additional
lounge windows are introduced in the northern elevation which faces the adjacent
openspace.
2.2
Plots 3 and 4 originally had open parking spaces allocated. The proposal seeks to
replace the spaces with a single garage each for plots 3 and 4. The garages have
dimensions of 6m (length), 3m (width) and 4m (height), at highest point. The
garages are positioned 8m and 4m away from the common boundary to the
south,respectively.
3.0
SITE AND SURROUNDINGS:
3.1
The application site is an area of approximately 0.6 hectares located at the top of
the cul de sac namely Daisy Hill Close. Forming a natural extension to Daisy Hill
Close ,which is to the North East of the settlement of Morley. The site is scrubland
located adjacent to residential development towards the west east and south,
surrounded on three sides by domestic gardens on King George Avenue, Margaret
Close and Daisy Hill Close. The fourth and northern boundary adjoins the Laneside
Farm UDP Protected Area of Search. The site lies north of the Morley railway
station. The surrounding properties vary in age and design with private amenity
space and garaging facilities.
4.0
RELEVANT PLANNING HISTORY:
4.1
13/00625/FU
H23/634/80
H23/110/85
14 detached Houses with associated car parking
and landscaping
Approved 13.03.2014
Outline application to layout access road and
erection of 18 Semi detached houses with garages.
Refused 17th November 1980
Outline application to erect residential development to
Vacant site
Withdrawn 9th September 1985
5.0
HISTORY OF NEGOTIATIONS:
5.1
None
6.0
PUBLIC/LOCAL RESPONSE:
6.1
The application has been advertised by site notices posted on site on 16th January
2015. One objection has been received from 1 Daisy Hill Close with the following
comments summarised :•
Plot 1 too close to Number 1 Daisy Hill Close
•
House is high and long will block daylight and sunlight to 1 Daisy Hill Close
•
Directly overlooked by new house
•
Not able to develop on own land purchased because of proximity of plot 1
•
New housing development being allowed, without consideration of impact on
infrastructure. Infrastructure should be in place before development
•
No plans to increase the capacity of local services
•
Existing traffic not able to cope with traffic adding to it
6.2
Local Ward Member representation
Councillor Finnigan has raised the following:• Controversial application. Refer to Plans Panel for consideration of new access
arrangements. (Refers to application 14/07072/FU being considered alongside
this application)
• Councillor Finnigan makes the following comments and reasoning :• “ I am concerned about the entry and egress at this site and there needs to be
clear conditions about work operations as this is a problematic site at the end
of a long and difficult cul de sac and needs to be closely scrutinized by Panel “
7.0
CONSULTATION RESPONSES:
7.1
No consultation responses relevant to this application
8.0
PLANNING POLICIES:
Development Plan
8.1
The development plan for Leeds is made up of the adopted Core Strategy (2014),
saved policies from the Leeds Unitary Development Plan (Review 2006) (UDP) and
the Natural Resources and Waste Development Plan Document (DPD), adopted
January 2013.
Relevant Policies from the Core Strategy are:
SP1 – Location of development in main urban areas on previously developed land.
P10 – High quality design.
P12 – Good landscaping.
T2 – Accessibility.
Relevant Saved Policies from the UDP are:
GP5 – General planning considerations
Car Parking Guidelines
Relevant DPD Policies are:
GENERAL POLICY1 – Presumption in favour of sustainable development.
Supplementary Planning Documents
Street Design Guide
Neighbourhoods for Living
National Planning Policy
The National Planning Policy Framework (NPPF), published on 27th March 2012, and
the National Planning Practice Guidance (NPPG), published March 2014, replaces
previous Planning Policy Guidance/Statements in setting out the Government’s
planning policies for England and how these are expected to be applied. One of the
key principles at the heart of the Framework is a presumption in favour of Sustainable
Development.
The introduction of the NPPF has not changed the legal requirement that applications
for planning permission must be determined in accordance with the development plan
unless material considerations indicate otherwise. The policy guidance in Annex 1 to
the NPPF is that due weight should be given to relevant policies in existing plans
according to their degree of consistency with the NPPF. The closer the policies in the
plan to the policies in the Framework, the greater the weight that may be given.
9.0
9.1
MAIN ISSUES
Proposed changes from the original approved plans
- Repositioning of house with single detached garage on plot 12.
- Detached single garages to plots 3, 4 and 13.
Community Infrastructure Levy (CIL)
Representation received
10.0
APPRAISAL
Repositioning of house with single detached garage on plot 12
10.1
The approved plans of layout (13/00625/FU) have the dwelling on plot 12 positioned
adjacent to plot 11 dwelling following the uniform row on the street frontage. As this
plot is at the head of the cul- de sac layout, the proposal seeks to improve the layout
of the dwelling within the plot. To achieve this, house 12 (Harewood housetype) is
rotated 30 degrees clockwise. This creates some space between plot 11 and 12 to
reposition the garage for plot 12 which currently is located to the front of the
dwelling. The distance between plots 11 and 12 remains at 4m.
10.2
The distance to the common boundary to dwellings to the rear, in particular 59 and
61 King George Avenue is 13m from the corner of the dwelling to the boundary at its
nearest point increasing to 16m (due to the angled position of the dwelling). In
rotating the dwelling the upper floor windows do not now look directly at number 59
and 61 (King George Avenue). The windows now look obliquely towards numbers
55 and 57; the distance from these is 30m at the minimum point, as opposed to the
existing approved 22m from numbers 59 and 61. These distances are in excess of
guidance in the Neighbourhoods for Living SPD.
10.3
The increased distance is seen as an improvement to the amenities of dwellings on
King George Avenue. For plot 12 (Harewood) two ground floor windows have been
added on the northern elevation to appreciate the views across the openspace to
the north which is allocated as The Laneside Farm Protected Area of Search (PAS)
. This is considered as part of application 14/07072/FU and is addressed with a
condition to ensure that the insertion of these lounge windows on the Harewood
housetype is for plot 12 dwelling only. This repositioning of the dwelling improves
the outlook of the dwelling, creates more space around the dwelling at the head of
the cul de sac development and improves the distances to the dwellings to the rear.
10.4
10.5
10.6
Detached single garages to plots 3, 4 and 13
Plots 3 and 4 originally had parking spaces allocated. The proposal as part of
application 14/07072/FU increases the boundary distance of plot 4 to 25 Margaret
Close. This provides the capacity for the parking spaces to be replaced with single
garages.The dimensions of the garages are 6m (length) 3m (width) and 4m (height
at highest point). The design of the garages are similar to the other approved
garages on site. The garage to plot 3 is positioned 8m away from the common
boundary to the dwelling to the rear (Margaret Close) and the garage for plot 4 is
positioned 4m away from the rear boundary. On balance it is not considered that the
garages will have an impact on the dwellings to the rear. The single garage to plot
12 is repositioned from in front of the dwelling to the side between plot 11 and 12.
The single garage for plot 13 remains in the same position as approved. The
garages in these positions are considered acceptable and improves the layout of the
development at the head of the cul de sac.
Community Infrastructure Levy (CIL)
The development is CIL liable in accordance with the CIL Regulations (2010), as an
additional 2 single garages have been introduced, for plots 3 and 4 replacing the
original approved car parking spaces (as part of application 13/00625/FU). The CIL
amount due is £810.00.
Representation received
The representation raises concerns regarding proximity and position of plot 1 in
relation to 1 Daisy Hill Close. Along with the impact the development will have on
the local infrastructure, services and highways. These issues have been considered
and addressed as part of the original approved application 13/00625/FU and are not
under consideration as part of this application.
10.7
Application 14/07072/FU introduces a bathroom window at first floor level on the
elevation facing 1 Daisy Hill Close, that has a kitchen window at ground floor and
landing window at first floor. The distance between the two dwellings is 6m and
satisfies the guidance distance of 3.5m. The window will be obscure glazed and it is
not considered that there will be any direct overlooking.
11.0
11.1
CONCLUSION
The Planning Act requires planning applications that comply with the terms of the
development plan to be considered favourably. The principle of the development
accords with the Core Strategy and the design and layout of the development is in
line with the Councils, Neighbourhoods for Living SPD. These factors should be
given significant weight in reaching a decision.
11.2
In light of the above, it is considered that the proposal to reposition the dwelling on
plot 12, and repositioning the garage for plot 12 along with the introduction of
garages instead of car parking spaces for plots 3 and 4 is considered acceptable as
changes to planning approval 13/00625/FU.
Background Papers:
Application files 13/00625/FU
Certificate of ownership:
Signed as applicant
14/07073/FU
SOUTH AND WEST PLANS PANEL
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