garages adjacent 67 southwell grove, leytonstone e11 4qd pdf 114 kb
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garages adjacent 67 southwell grove, leytonstone e11 4qd pdf 114 kb
(Item 4.4) LONDON BOROUGH OF WALTHAM FOREST Committee/Date: Planning - 02 June 2015 Application reference: 151183/LAC Applicant: London Borough of Waltham Forest Location: Garages Adjacent 67 Southwell Grove Road, Leytonstone, E10 4QD Proposed development: Demolition of existing garage and construction of 1x two storey, two bedroom dwelling house. Wards affected: Cathall Appendices: None 1 RECOMMENDATION 1.1 Grant planning permission subject to conditions and in formatives. 2 REASONS REFERRED TO COMMITTEE -The Council is the applicant 3 DETAILS OF PROPOSAL AND SURROUNDINGS 3.1 The site is located on the north side of Southwell Grove Road and is currently occupied by four garages; all the garages are brick built structures with a flat roof. Three of the garages are situated at the rear of the site and one attached garage that immediately abuts no. 67 Southwell Grove Road. The site has an odd shaped rear projection and the width of the rear is greater than the front, which cuts in to the adjoining land of no. 67. The site has an area of 171sqm and is approximately rectangular in shape. 3.2 The area is generally characterised by two storey terraced dwellings, which is regarded to be of high density area. The adjoining buildings are a mixture of late Victorian and post war era properties. 3.3 This proposed application is for the demolition of existing garages and construction of 1 x two storey, two bedroom dwelling house. 4 RELEVANT SITE HISTORY 4.1 There is no planning history for this site. (Item 4.4) 5 PUBLIC CONSULTATIONS 5.1 90 Melford Road, Leytonstone 66 Southwell Grove Road, Leytonstone 65 Southwell Grove Road, Leytonstone 92 Melford Road, Leytonstone 4 Mayville Road, Leytonstone 6 Mayville Road, Leytonstone 8 Mayville Road, Leytonstone 67 Southwell Grove Road, Leytonstone 58 Southwell Grove Road, Leytonstone 60-76 Southwell Grove Road, Leytonstone 60 Southwell Grove Road, Leytonstone 62 Southwell Grove Road, Leytonstone 64 Southwell Grove Road, Leytonstone Advert: No 6 DEVELOPMENT PLAN 6.1 Adopted Waltham Forest Core Strategy 2012 6.2 The Waltham Forest Core Strategy (2012) was adopted on 1st March 2012. The Core Strategy contains 16 policies designed to deliver the Council's vision for the physical, economic, environmental and social development of the Borough. These policies will be used to direct and manage development and regeneration activity for the next 15 years, up to 2026. The policies considered relevant to this application are as follows: CS1: Location and Management Growth CS2: Improving Housing Quality and Choice CS6: Promoting Sustainable Waste Management and Recycling CS7: Developing Sustainable Transport CS13: Promoting Health and Well Being CS15: Well Designed Buildings, Places and Spaces 6.3 Waltham Forest Local Plan Development Management Policies (2013) 6.4 The Local Plan Development Management Policies Document was adopted in November 2013. This sets out the borough-wide policies that implement the Core Strategy and delivering the long term spatial vision and strategic place shaping objectives. There is an emphasis on collaboration and a positive proactive approach to reaching a balance agreement that solves problems rather than a compromise that fails to meet objectives. The following policies are relevant in this case: DM1- Sustainable Development and Mixed Use Development DM2- Meeting Housing Targets (Item 4.4) DM7 - External Amenity and Internal Space Standards DM9 - Specialised Housing DM10 - Resource Efficiency and High Environmental Standards DM14 - Sustainable Transport Network DM16 - Parking DM23 - Health and Well Being DM24 - Environmental Protection DM29 - Design Principles, Standards and Local Distinctiveness DM30 Inclusive Design and the Built Environment 6.5 London Plan 2011 6.6 The London Plan is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital to 2013. It was adopted in July 2011. The policies relevant to this application are: 3.3 – Increasing Housing Supply 3.5 – Quality and Design of housing Developments 3.8 – Housing Choice 3.9 – Mixed and Balanced Communities 8.2 – Planning obligations 8.3 – Community Infrastructure Levy 7 MATERIAL PLANNING CONSIDERATIONS 7.1 NPPF 7.2 The National Planning Policy Framework sets out the Government's planning policies for England and how these are expected to be applied. It is material consideration in planning decisions. It contains a presumption in favour of sustainable development, described as a "golden thread running through both plan-making and decision taking." 7.3 For decision-taking the NPPF states that the presumption means "approving development proposals that accord with the development plan without delay" and where the development plan is "absent, silent or relevant policies are out-of-date, granting permission unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole" 7.4 The whole NPPF is potentially material to this application, but the specific policy areas considered directly relevant are as follows: - Promoting sustainable transport - Delivering a wide choice of high quality homes - Requiring good design Promoting healthy communities (Item 4.4) 7.5 Other policies 7.6 Supplementary Planning Document Urban Design (2010) Supplementary Planning Document Inclusive Housing Design (2011) 7.7 Local Finance Considerations 7.8 Local Finance Considerations are a material consideration in the determination of all planning applications. Local Finance Considerations can include either a grant that has been or would be given to the Council from central government or money that the council has received or will or could receive in terms of Community Infrastructure Levy. i)There are no grants which have been or will or could be received from central government in relation to this development. ii)The Council has not received and does not expect to receive any income from LBWF CIL in relation to this development. iii)The Council has not received and does not expect to receive any income from Mayoral CIL in relation to this development. 8 REPRESENTATIONS 8.1 Representations from Residents 8.2 None received 8.3 Other representations 8.4 None received 9 ASSESSMENT 9.1 The main issues of consideration are; principal of development, housing provision, design and appearance, impact on neighbouring amenities, standard of accommodation, amenity space, parking, refuse & recycling and cycle provision. 9.2 Principal of Development 9.3 The proposal would replace the existing garage on this site and replace it with one residential dwelling. The general character of the area is noted as being residential in character, the garage is currently in poor condition and underused. The replacement of this garage to provide 1 x 2 storey, two bedroom family size house would be a positive contribution to the area and a much needed prospect for the Borough, which would also be highly welcomed in Policy terms. 9.4 The site is more suited for residential use given the nature of the surrounding residential area and would sufficiently accommodate an end of terrace dwelling. (Item 4.4) 9.5 Housing provision Housing supply and targets 9.6 The provision for housing in the Borough, including new affordable homes is supported. Policy CS2 of the Waltham Forest Local Plan Core Strategy (2012) relates to improving Housing Quality and Choice. This proposal would facilitate sustainable housing growth by contributing towards the number of affordable homes in the Borough. 9.7 The proposal would bring forward the site for a wholly residential development in an appropriate location. The provision for housing is reinforced by the London Plan (2015) and the NPPF (2012). The provision of the site for housing would also contribute to both economic and social aspects of sustainable development. 9.8 Housing Density and Mix of Units 9.9 The site is situated within a suburban area and has Public Transport Accessibility Location [PTAL] rating 2. The development would create a density of 555hrh and would therefore exceed the density range for this area, which should be between 150 and 200 (hrh) habitable rooms per hectare, as shown in the London Plan (2015) 'Sustainable Residential Quality Density Matrix'. Although this is much greater than the required density range for this area it would be considered acceptable based on the fact that the development is modest in size, siting, design and proportion. 9.10 Layout 9.11 The existing garage is sited along the north-west side of Southwell Grove Road. The proposed development has been carefully sited to ensure that the new houses relate well to the existing pattern of development within the area. The site has an area of approximately 0.014 hectares. The application proposes 1 x two bedroom house of approximately 89sqm of internal floor area with private amenity space of 61sqm. The new dwelling will be flash with the adjoining property number 67 Southwell Grove Road, the rear of the site will project 1.4m at the rear. The proposed development will occupy the whole frontage of the site and leave appropriate and usable private amenity space at the rear. 9.12 The development at the rear has an 'L-shaped' arrangement at ground floor level, which projects deeper than the adjoining property number 67. The first floor level would be set back and squared. The other adjoining side bounds onto an existing shed belonging to number 4 Mayville Road. 9.13 Design and Appearance 9.14 The existing garages are formed of brick facing elevation with a flat roof. The proposed development will be constructed using facing brickwork, the preferred option would be Yellow stock brick, the roof would be either slate or clay tiles and the windows are to be powder coated aluminium double glazed. A condition would be attached with (Item 4.4) any such consent requiring sample materials to be submitted and approved by the Local Authority. 9.15 The proposal is an ideal integration at the end of this row of terraced properties, which has been carried out in a sympathetic and modest manner. The proposed development overall is regarded to be appropriate in scale and proportion and therefore sympathetic to the adjoining dwellings. The proposal notes that adjoining properties do not comprise of traditional porch. The new house however would have a double fronted porch which appears sympathetic and responsive to the Mayors Housing Design Guide 2011. 9.16 The proposed dwelling will continue the existing line of terraced houses to the north-east with a similar front building line. The dwelling has been designed with a slightly higher eaves and ridge height than the adjoining terraced properties north east of the site. This has been designed to achieve the minimum ceiling heights as stated within the Mayors Housing Design Guide 2011 and the recently adopted London Plan 2015. The increase in the ridge height is considered marginal and due to the setting being at the end of the terrace, the impact on the visual amenities of the street scene would not be significant. 9.17 Impact of Built Development on Residential Amenity. 9.18 The Waltham Forest Urban design SPD (2010) acknowledges that privacy can be maintained without the need to rigidly apply separation distances, dependent on the relationship between habitable room windows, the scale of development and the use of screening and landscaping. 9.19 The proposal would adjoin the side of no. 67 Southwell Grove Road, with almost similar footprint. The surrounding neighbouring area mostly comprises of two storey dwellings and the proposal being two storey would be in keeping with the characteristic to the area, and also follows the established pattern of terraced properties on the street. 9.20 Number 67 Southwell Grove Road has no windows in the gable end, with existing windows only at the front and rear elevation of the ground and first floor levels. It is noted that the proposed rear elevation of the new dwelling will project slightly beyond the adjoining rear building line; however this is considered minimal and would not significantly impact on the amenities of the number 67 by way of; overlooking, overshadowing, loss of light or outlook. 9.21 The other adjoining neighbour is number 4 Mayville Road; however this is situated approximately 15m east of south-west of the site. The development would adjoin the rear garden and shed of this property. Given the fact that the development is two storey with no windows on the flank elevation and bearing in mind the depth of the neighbouring garden is extensive it is not sought that the proposal would have any direct impact on the amenities of this neighbouring property by way of; over- massing, overlooking, overshadowing, loss of light or outlook 9.22 In light of the above assessment, the proposal is not considered to result in any conflict with Councils Development Plan Policies. (Item 4.4) 9.23 Standard of accommodation Space Standards 9.24 The residential accommodation has been designed to meet, and where possible exceed the standards set in Table 3.3 of the London Plan (2011) and Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013). 9.25 The two bedroom, two storey dwelling house would provide 89sqm of internal floor which exceeds the 87sqm floor space requirement. Accordingly, the proposal is considered acceptable. 9.26 Amenity Space 9.27 Policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013) requires a minimum of 50sqm of private amenity space for two bedroom dwellings. 9.28 The proposal would provide an external amenity space of approximately 61sqm, which more than exceeds the 50sqm requirement for this type of property. 9.29 Parking considerations 9.30 Although the site is located within a low 'Public Transport Rating of 2, the area does have buses within walking distance that sever a number of public transport facilities. Therefore, given the aim of promoting more sustainable travel patterns and the need to reduce the reliance on vehicle related trips, the proposal omits any dedicated off-site car parking. It is noted that on-street parking already exists on Southwell Grove Road and the applicants would be privy to this existing parking arrangement in the area. 9.31 The application will result in the loss of four existing garages. Early consultation with the Highway Authority did not suggest the loss of the existing garage provision and proposed on-street parking would give rise to any highway safety implications. Given the strong support towards the promotion of sustainable travel patterns 9.32 Refuse and recycling 9.33 The proposed location for these facilities would be at the front of the site. This provision is not likely to have any issues in relation to visual impact on the street scene or neighbouring amenities, as this is considered to be well designated within the site footprint and enclosed by boundary wall and gate. 10 CONCLUSION 10.1 The principle of development involving redevelopment of the former garages for residential accommodation is acceptable. 10.2 The proposal has regard to the scale and massing, pattern and form of development in the area and would not consequentially impact on neighbouring residential amenity. The proposed design and scale has been considered and the layout and design of the buildings would improve the amenity and appearance of the site. (Item 4.4) 10.3 The design of the scheme is broadly acceptable including its relationship with neighbouring development. 10.4 Impact on residential amenity has also been considered and concluded that the proposed development would be acceptable on these grounds having regard to scale and pattern of development including configuration and layout of the proposal. 10.5 All material considerations have been taken into account and it is not considered that there are any material planning considerations in this case that would warrant a refusal of this application. 10.6 Taking into account the consistency of the scheme with the Development Plan and weighing this against all material planning considerations, the proposal is considered to be acceptable in planning policy terms. On the basis of the acceptability of the development in principle, and the design and provision for housing being in an accessible location, the application is recommended for approval. 11 ADDITIONAL CONSIDERATIONS 11.1 Public Sector Equality Duty 11.2 In making your decision you must have regard to the public sector equality duty (PSED) under s.149 of the Equalities Act. This means that the Council must have due regard to the need (in discharging its functions) to: 11.3 A. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act 11.4 B. Advance equality of opportunity between people who share a protected characteristic and those who do not. This may include removing or minimising disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; taking steps to meet the special needs of those with a protected characteristic; encouraging participation in public life (or other areas where they are underrepresented) of people with a protected characteristic(s). 11.5 C. Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding. 11.6 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 11.7 The PSED must be considered as a relevant factor in making this decision but does not impose a duty to achieve the outcomes in s.149 is only one factor that needs to be considered, and may be balance against other relevant factors. (Item 4.4) 11.8 It is not considered that the recommendation to grant permission in this case will have a disproportionately adverse impact on a protected characteristic. 11.9 Human Rights 11.10 In making your decision, you should be aware of and take into account any implications that may arise from the Human Rights Act 1998. Under the Act, it is unlawful for a public authority such as the London Borough of Waltham Forest to act in a manner that is incompatible with the European Convention on Human Rights. 11.11 You are referred specifically to Article 8 (right to respect for private and family life), Article 1 of the First Protocol (protection of property). It is not considered that the recommendation to grant permission in this case interferes with local residents' right to respect for their private and family life, home and correspondence, except insofar as it is necessary to protect the rights and freedoms of others (in this case, the rights of the applicant). The Council is also permitted to control the use of property in accordance with the general interest and the recommendation to grant permission is considered to be a proportionate response to the submitted application based on the considerations set out in this report. 12 RECOMMENDATION 12.1 The Planning Committee is requested to resolve that planning permission be granted subject to the following conditions: 12.2 Conditions: 1. The development to which this permission relates must be begun not later than the expiration of three years beginning from the date of this decision notice. 2. The development shall be carried out in accordance with proposed plan numbers BAS-01-XX-DR-A-072 revision P5 & BAS-01-XX-DRA-073 revision P5, received on 13th April 2015 & 13th May 2015. 3. Samples and a schedule of all external materials to be used on the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details. 4. Notwithstanding any indications on the submitted drawings, details of hard and soft landscaping on site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The landscaping scheme shall include details of the retained and proposed planting around the (Item 4.4) site, along with requirement to demonstrate that all hard standing areas are permeable. All approved planting shall be carried out in the first planting and seeding season following the occupation of the development hereby permitted or the substantial completion of the development, whichever is the sooner. Any trees, hedges, shrubs and green spaces forming part of the approved landscaping scheme which within a period of five years from planting die, are removed or become seriously damaged or diseased shall be replaced with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The development shall be carried out solely in accordance with the approved details, prior to the first occupation of the use hereby approved, and thereafter shall be fully retained and maintained accordingly. 5. Prior to the commencement of the development, other than demolition and ground works, details relating to the siting, design and height, colour and finish of all new walls, fencing, railings and other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out solely in accordance with the approved details, prior to the first occupation of the use hereby approved, and thereafter shall be fully retained and maintained accordingly. 6. Prior to commencement of development, a Demolition and Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority. This shall include hours of work, dust suppression measures and a copy of the asbestos survey in accordance with the requirements of the Health & Safety Executive. All works of demolition shall adhere to the agreed Method Statement. 7. Prior to the commencement of the development, details of wheel washing facilities for vehicles leaving the site during construction work, and measures taken to suppress dust emanation as a result of the construction work, shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be installed prior to the commencement of any building works on site and shall be retained for the duration of the works. 8. Notwithstanding the provisions of Article 3 and Classes A, B and E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re- enacting that Order), no enlargement, improvement or other alteration of, or to, any dwelling house the subject of this permission shall be carried out without planning permission having first been obtained via the submission of a planning application to the Local Planning Authority; nor shall any building or enclosure required for a purpose incidental to the enjoyment of any said dwelling house as such be constructed or placed on any part of the (Item 4.4) land covered by this permission without such planning permission having been obtained. 9. All access doors installed by virtue of this permission shall have a minimum opening clearance of 900mm and level thresholds. All ramps required pursuant to this provision of such level access shall have a minimum gradient of 1:20 and level landing areas at either end of 1.2 metres square. Reasons: 1. To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended). 2. For the avoidance of doubt and in the interests of proper planning. 3. To safeguard and enhance the visual amenities of the locality, in accordance with Policy CS15 of the Waltham Forest Local Plan – Core Strategy (2012) and Policy DM29 of thE Waltham Forest Local Plan – Development Management Policies (2013). 4. To ensure a satisfactory appearance and in the interest of local amenity and biodiversity in accordance with policies CS15 of the Waltham Forest Local Plan Core Strategy (2012), and Policies DM23, DM 32, DM35 of the Waltham Forest Local Plan – Development Management Policies (2013). 5. In the interest of general visual amenity, and amenity of neighbouring occupants, in accordance with Policies CS13 and CS15 of the Waltham Forest Local Plan – Core Strategy (2012) and Policies DM29 and DM32 of the Waltham Forest Local Plan – Development Management Policies (2013). 6. To ensure considerate construction and to protect the amenities of the nearby residents from excessive noise ands dust and to comply with Policy CS13 of the Waltham Forest Core Strategy March 2012 and Policies DM14 and DM15 of the Waltham Forest Local Plan – Development Management Policies (2013). 7. To prevent the deposit of mud on the highway and to ensure traffic safety in compliance with policy CS7 of the Waltham Forest Local Plan - Core Strategy (2012) and Policy DM24 of the Waltham Forest Local Plan – Development Management Policies (2013). 8. In the opinion of the Local Planning Authority, the nature and density of the layout requires strict control over the form of any additional development that may be proposed in the interests of maintaining a satisfactory residential environment, in accordance with Policy CS2 and CS15 of the Waltham Forest Local Plan – (Item 4.4) Core Strategy (2012) and Policy DM29 of the Waltham Forest Local Plan – Development Management Policies (2013). 9. In order to ensure an inclusive living environment that meets the objectives of Policies CS13 and CS15 of the Waltham Forest Local Plan -Core Strategy (2012) , and Policy DM30 of the Waltham Forest Local Plan – Development Management Policies (2013). 12.3 Informatives: 12.4 To assist applicants the Local Planning Authority has produced policies and written guidance, all of which is available on the Council’s website and which offers a pre planning application advice service. The scheme was submitted in accordance with guidance following pre application discussions and the decision was delivered in a timely manner. 12.5 Construction and demolition works audible beyond the boundary of the site should only be carried out between the hours of 0800 and 1800 hours Mondays to Fridays and 0800 and 1300 hours on Saturdays, and not at all on Sundays or Public/Bank Holidays. 13 BACKGROUND DOCUMENTS 13.1 The background information for this application is the relevant application file, the application and any related history files, together with relevant planning policy / policies at national, London and local level. 13.2 These documents are available for inspection Monday to Fridays between 9am and 5pm at London Borough of Waltham Forest, Sycamore House, Town Hall Complex, Forest Road, London E17 4JF.