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BOROUGH OF KETTERING

Committee Planning Sub Committee - 24/10/2006 Item No: 5.7

ReportOriginator

Esther SmithPlanning Officer

Application No:KET/2006/0752

WardsAffected

St. Michaels

Location 16-18 Station Road, Kettering

Proposal Full Application: Proposed demolition of existing offices for thedevelopment of 19 no. apartments

Applicant Aswell Developments Ltd

1. PURPOSE OF REPORT

To describe the above proposals

To identify and report on the issues arising from it

To state a recommendation on the application

2. RECOMMENDATION

THE DEVELOPMENT CONTROL MANAGER RECOMMENDS that this application beAPPROVED, subject to S.106 AGREEMENT being entered into, and to the followingconditions:-

1. The development hereby permitted shall be begun before the expiration of 3 yearsfrom the date of this planning permission.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990 (asamended) and to prevent an accumulation of unimplemented planning permissions.

2. No development shall commence on site until details of the types and colours of allexternal facing and roofing materials to be used, together with samples, have beensubmitted to and approved in writing by the Local Planning Authority. The windows shallbe constructed of either timber or powder coated aluminium. The development shall notbe carried out other than in accordance with the approved details.

REASON: In the interests of the visual amenities of the area in accordance with the aimsof PPS1, policy GS5 of the Northamptonshire County Structure Plan and policy 30 of theLocal Plan for Kettering Borough.

3. Prior to the first occupation of the development, the access, manouevring andparking areas shall have been laid out and marked out on the ground in accordance withthe approved site plan and maintainaed as such thereafter. Notwithstanding the details onthe approved site plan, the baustrade adjacent to the vehicular access shall not exceed600mm in height within 2 metres of the highway. The parking areas shall be permanentlyset aside for parking purposes only.

REASON: In the interests of the transport requirements of the site and highway safety inaccordance with policy T3 of the Northamptonshire County Structure Plan and policy 84 of

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the Local Plan for Kettering Borough.

4. Prior to the commencement of development details of a covered cycle store, to besited on the area of the plan detailed as landscaping now hatched, should be submitted toand approved in writing by the Local Planning Authority. The cycle store shall beconstructed fully in accordance with the approved details and maintained thereafter.

REASON: To ensure adequate and secure cycle parking within the site in accordance withpolicy T8 of the Northamptonshire County Structure Plan and policy 30 of the Local Planfor Kettering Borough.

5. The bin store as shown on the approved plans shall be permanently set aside forthe storage of refuse from the approved flats and shall be used for no other purpose.

REASON: To ensure that adequate bin storage is provided within the site.

6. The windows in the northeast side elevation shall be glazed with obsured glass [inaccordance with a sample panel which shall have been submitted to and approved inwriting by the Local Planning Authority] and thereafter shall be permanently retained in

that form.

REASON: To protect the privacy of the adjoining property and to prevent overlooking inaccordance with policies 30 and 47 of the Local Plan for Kettering Borough.

7. a) The development hereby permitted shall not be commenced until details of acontaminated land investigation have been submitted to and approved by the LocalPlanning Authority. This submission shall be made to the Local Planning Authority in thefollowing sequence:-

(1) a desk top study, and, if required by the LPA following this submission

(2) a site investigation, and, if required by the LPA following (1) and/or (2)

(3) a remediation strategy setting out the measures to be carried out on site tomitigate against any unacceptable risk or risks to all potential receptors

b) If required, the remediation of the site shall be carried out fully in accordancewith the approved details and timetable contained therein. Within one month ofcompletion of the remediation works, two copies of a closure report shall be submitted tothe Local Planning Authority

c) If during the development of the site, contamination not previously considered isidentified, no further work shall be carried out until the Local Planning Authority has beennotified in writing of the discovery and a method statement detailing a scheme for dealing

with the contamination has been submitted to and approved by the Local PlanningAuthority. The remediation shall be carried out in accordance with the approved detail.

REASON: To reduce the risk to all receptors to acceptable levels and ensure that the siteis suitable for its proposed use, and to safeguard the environment of the area, inaccordance with the aims of PPS23.

8. The development hereby permitted shall not be carried out other than in accordancewith the amended plans number 06/1038/SK01, 06/1038/SK05, 06/1038/SK04,06/1038/SK03 received 3rd October 2006.

REASON: For the avoidance of doubt.

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Officers Report

3.0 Information

Relevant Planning History

KE/2006/0189 - Redevelopment of existing building to provide 17 no.apartments. Approved.KE/87/0038 - Change of use of northern basement suite to small off setprinting, light office type machinery. Approved.KB/69/763 - Planning permission for dental laboratory.KB/66/209 - Planning permission granted for conversion of houses to offices.

Site DescriptionOfficer's site inspection was carried out on the 18th August 2006 and 1st

September 2006.

The application site comprises 798.4 square metres currently occupied by a2/3 storey building situated to the front of the site. The building was previouslyin commercial use but is presently unoccupied. The current building is ratherugly in its form, constructed in brick and render and of little architecturalinterest. The office building has a half hip roof and windows in the roof. Accessto the site is currently to the side and leads to a car park to the rear. Thisaccess additionally serves the neighbouring office building to the southwest(number 20 22 Station Road). This is a two storey red/orange flat roof modernoffice building.

To the north east of the application site is Aspen House. Aspen House is arecently built office conversion and extension providing 23 flats and is of amodern design.

On the opposite side of Station Road are predominantly three storey Victorianbuildings, most of which are in red brick.

To the rear of the application site is Drill Hall Court.

The area is characterised by a high proportion of grand Victorian buildings,however that are a large number of modern building as well. The area is in

mixed use.

The contours of the site and surrounding area dictate that the land slopessignificantly from front to rear (south east to north west).

Proposed DevelopmentThe proposal is for the demolition of the existing office building and theconstruction of a new five-storey building containing 19 flats. The proposal is ofa relatively modern design with a mansard roof. The existing access would bewidened and would be built over whilst retaining access to the proposedparking at the rear and the adjacent car park for number 20-22 Station Road.

Some of the parking provision (7 of the 19 spaces) is under croft and to therear of the proposed building. Parking provision is on a one for one basis to the

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rear of the building and the layout plan details some cycle storage. Theprovision of bin storage and recycling space is contained within the lowerground floor with pedestrian access provided to the street frontage.

Part of the building is supported by columns/piers. To the rear of the proposal is

a protruding element that extends over four floors with a flat situated in the roofspace. This rear projecting element does not extend as far out to the rear asAspen House, and is lower than the main building on the street frontage. Whilstthe building extends over more floors the overall height of the proposal is lowerthan the neighbouring Aspen House.

Any Constraints Affecting The SiteNone.

4.0 Consultation and Customer Impact

Highway AuthorityNo response received at time of writing committee report.

NCC Education AuthorityResponse received on 22nd September 2006 requesting an educationcontribution of 483 per two bedroom flat towards improvements in secondaryschools in Kettering.

Environment AgencyResponse received 21st August 2006 stating no objections to the proposal.However the response makes informative comments regarding the site beingwithin 250 metres of a former landfill site and that all roof surface water shouldbe piped directly to an approved surface water system.

NeighboursThree third party comments received in respect of the application from theresidents at flat 5 and 15 Aspen House and 21B station Road objecting to theapplication for following reasons:

Residents of Aspen House will be affected by loss of light, as the

projecting part of the building is 13 metres away from the main living

room windows. The extended footprint of the proposal will restrictdaylight to Aspen House even further.

The projection of the building will have an overbearing appearance,

particularly to the lower floors of Aspen House at such a short distance.Question the merit of having the rear of one building facing the mainbuilding windows of another.

The proposal interrupts the building line to the rear of Station Road.

The car park design does not meet Government requirements some of

the parking is not visible.

The inclusion of balconies to the flats increases the potential for

overlooking and loss of privacy further.

Would rather the additional residential accommodation be

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accommodated over extra floors rather than the protruding footprint tothe rear?

Residents at Station road will be overshadowed by the proposal.

The proposed flats will be directly opposite and will not only block

daylight but also disrupt privacy, by directly overlooking between the

residents of the proposed flats and those existing residents on StationRoad.

The building work will result in noise, dust and disturbance.

Comments from Councillors HensonComments were received from Councillors Henson with regard to the proposalon 31st August 2006. The points raised included queries with regard to theprocessing of the application and consultation with neighbours. This includedthe plans being of insufficient quality to be placed upon the Councils web siteand whether Councillors may be allowed to visit the site prior to it going to

committee. These issues are not material considerations to the application.

Additional concerns have been raised regarding the merits of the proposal,particularly with regard to the impact of the building upon the residentialamenity of neighbouring residents in Aspen House, by virtue of overshadowing,loss of light and overlooking.

The proposal is out of keeping with the surrounding area. Aspen House is oneresidential building presently between two commercial properties and isacceptable in a one off circumstance.

When viewed from the rear in Drill Hall Court Aspen House is overbearing andthe additional building of this design would dominate the outlook.

Kettering Borough Council Environmental Health DepartmentResponse received 4th September 2006 requesting the imposition of conditionson any approval regarding contaminated land.

5.0 Planning Policy

National PoliciesPPG3. Housing

PPS1. Creating Sustainable Communities

Regional PolicyRSS8 Regional Spatial Strategy for the East Midlands

Development Plan PoliciesStructure PlanK18. Kettering: New Employment Sites (Offices)30. Environment: New Development35. Housing: Within Towns47. Housing: Residential Amenity

84. Transportation: New Development Access and Layout Considerations

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Local PlanGS3. Land Use and TransportGS5. DesignH6. DensityT10. Parking for HousingT3. Transportation RequirementsT8. Walking and CyclingT9. Parking Standards

SPGsSPG ParkingSPG Education

6.0 Financial/Resource Implications

Section 106 agreement to cover contributions towards education provision. Nofinancial implications for the Local Authority.

7.0 Planning Considerations

The key issues for consideration in this application are:-

1. The principle of residential development2. Scale, design and impact upon street scene3. Access/transport requirements4. Impact upon residential amenity of neighbours

The principle of developmentThe application site is previously developed land situated within the KetteringTown boundary. This area of Station Road is characterised by a mix of uses.

Policy K18 of the Local Plan for Kettering Borough states that planningpermission would be granted for uses falling within the Use Class B1 in theimmediate vicinity of the railway station but does not preclude other uses in thearea, including residential. Therefore the principle of residential developmenton the site is considered acceptable.

Scale, design and impact upon street sceneThe height of the proposal is approximately 15.7 metres, compared to theneighbouring Aspen House, which is approximately 16 metres in height. Theproposed development is therefore of a similar scale and height as theneighbouring Aspen House and is in this regard considered acceptable.

However it is acknowledged that the proposed development will not relate

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particularly well in terms of height and scale to the neighbouring office buildingat number 20-22 Station Road. This neighbouring building is approximately 6.5metres in height and is relatively low rise in comparison to the proposal underconsideration.

The existing office building occupying 16 18 Station Road is a 2/3 storeybuilding and does not relate particularly well to the developments on either sideor on the opposite side of Station Road in terms of design, scale andappearance and in some respects may be regarded to detract from the visualamenity of the locality and street scene along Station Road.

The proposed residential development is of a bold and contemporary designand in keeping with the character and modern design of the neighbouringAspen House. The scale of the proposed five storey building is broken up bythe use of a variety of different materials (brick and render) to the frontelevations. Similarly the construction of the building in a series of blocks aids to

the breaking up of the building.

The proposed development is modern in its form and design and will besituated in a prominent position on Station Road. Arguably it is important toprovide buildings of an appropriate scale and design in key locations in order toprovide a strong street frontage. Station Road is a key approach route into thetown centre of Kettering and it is important to provide an attractive street sceneon the approach to town whilst ensuring that development does not detractfrom the historic elements and other building within the surrounding area.

The rear elevation of the proposal is similar in design to the neighbouringAspen House in terms of layout and the protruding arm to the rear. This arm isan interesting element and somewhat innovative, with the projecting armcomprising four/five storey over the proposed car parking area. The form, sitingand design of the residential development is very similar to the neighbouringAspen House, with the rear arm approximately 9.65 metres in length. This isnot as deep as the neighbouring arm to Aspen House, which is approximately15.7 metres in length.

The materials that the proposal is constructed in will be key to the endappearance of the building. The submitted plans detail the use of Witton Multi

Red bricks, Cottenham Cream buff bricks and the use of terracotta render witha mansard roof. It is considered that the use of modern materials, as at AspenHouse may be regarded as acceptable in principle on the site, however it isintended to include a condition requiring that samples of all materials besubmitted for approval.

Access and TransportThe proposal includes the provision of access to the south west of the buildingand car parking to the rear. Nineteen car parking spaces are provided withinthe curtilage of the proposal and therefore provides one space per flat. Thisprovision is in accordance with national and local planning policy guidance with

regard to on site parking provision.

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Details of a wall mounted cycle arm for the storage of bicycles is detailed uponthe submitted plans. It is not considered that this provision is sufficient in termsof the level of cycle parking provision or in terms of its location, directly behinda car parking bay. It is therefore intended to impose a condition requiringdetails of a cycle storage rack to be sited in the area of landscaping to the rear

(east) of the parking spaces (6 No) to be submitted and approved.

Impact upon residential amenityThe nearest residential properties to the application site are those at Drill HallCourt and Aspen House. The arm to the rear of the proposal is likely to havesome impact upon the neighbouring residential properties. The arm to the rearof the development is approximately 18.5 metres away from the nearestresidential properties in Drill Hall Court. The original proposal included Jubileebalconies to the rear elevation these have been omitted from the scheme andthe windows to the rear elevation have been sited to try to avoid directopposition with windows to Drill Hall Court. The removal of these balconies

reduces the potential for overlooking from the rear elevation of the proposal.Arguably the relationship between the proposal and Drill Hall Court is better interms of overlooking, as the arm to this proposal does not protrude so far.

The rear arm includes windows to the northern elevation facing onto the sideelevation of windows in the arm of Aspen House. The side elevation of thearm directly opposes the side of the similar rear extension to Aspen House,which contains windows to habitable rooms. The windows in the proposedarm of the development serve the kitchens of the proposed flats and are highlevel and obscure glazed and it is therefore not considered that issues ofoverlooking will arise. There is approximately 12.9 metres between theseelevations.

It is recognised that the proposed development is likely to lead to some loss oflight and overshadowing of windows to Aspen House. The rear arm element ofthe proposed development is likely to result in some direct overshadowing ofthe side elevation of Aspen House. However the distance of approximately12.9 metres between the side elevations and the fact that the arm does notprotrude as far will arguably allow some sun light to reach the side elevationwindows of Aspen House. Additionally is should be stated that both AspenHouse and the proposal are large, relatively tall buildings in a town centre

location and by their virtue it may be regarded inevitable that some shadowingwill arise. In this instance the relationship and distance between the twobuildings is considered acceptable.

Conclusion

In conclusion, it is recommended that this application be approved subject tothe imposition of conditions and the agents/interested parties entering into aSection 106 agreement to secure education contributions. Should the applicantfail to deliver such a suitable agreement within the timescale for determiningthis application i.e. by 7th November 2006, it is recommended that the decision

be delegated to the Development Control Manager to refuse the application.

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Background Papers Previous Reports/MinutesTitle of Document: Ref:Date: Date:Contact Officer: Esther Smith, Planning Officer on 01536 534316

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SITE LOCATION PLAN

16-18 Station Road, KetteringApplication No.: KET/2006/0752

Reproduced from the Ordnance Survey mapping with thepermission of the Controller of Her Majestys Stationery Office Crown copyright. Unauthorised reproduction infringes Crowncopyright and may lead to prosecution or civil proceedings.

LA078344

N

Date: 08/08/200610/08/2006Do not scale from this map. For illustrative purposes only.