Regulatory Committee Wednesday 14 September 2005 at 7.00pm ... · a. Land to the rear of the Post Office, 5 Midland Road, Wellingborough. b. 19 Main Road, Grendon. 6. Any other business

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Borough Council of Wellingborough

Regulatory Committee Wednesday 14th September 2005 at 7.00pmCouncil Chamber, Swanspool House

AGENDA

1. Apologies for absence.

2. Declarations of Interest (if any).

Ι 3. Confirmation of the minutes of the meeting held on 17/8/2005.

Ι 4. Applications for planning permission, building regulation approval etc.

Ι 5. Planning Appeal Decisions –

a. Land to the rear of the Post Office, 5 Midland Road, Wellingborough.

b. 19 Main Road, Grendon.

6. Any other business that the Chairman decides is urgent.

Ι Enclosed

Please note: Site Viewing Group for Tuesday 13th September 2005 will be Councillors Morrall, Ryan, Palmer and Waters.

Tony McArdle Chief Executive

Membership: Councillor Waters (Chairman), Councillor Morrall (Vice-Chairman), Councillors Beirne, Bell, Dholakia, Lawman, Mann, Old, Palmer, Patel, Ryan, Smith and Ward. For further copies of agenda and reports contact Performance and Democratic Services 01933 231511.

Swanspool HouseWellingborough NN8 1BP 6th September 2005

Borough Council of Wellingborough Regulatory Committee

Wednesday 14th September 2005 at 7.00 pm Council Chamber, Swanspool House

INDEX

Page No. SITE VIEWING GROUP WP/2005/0426/F 23 Silver Street, Wellingborough. 1WP/2005/0446/AV - 23 Silver Street, Wellingborough. 3WP/2005/0465/O - 55 The Ridge, Great Doddington. 6WP/2005/0528/F - The Tithe Barn, High Street, Irchester. 10WP/2005/0539/F 65 Churchill Road, Earls Barton. 15 DISTRICT WP/2005/0382/F - Kenroyal Nursing Home, 6 Oxford Street, Wellingborough. 18WP/2005/0444/F - 1-9 Newcomen Road, Wellingborough. 21WP/2005/0473/F - 72 Lea Way, Wellingborough. 26WP/2005/0503/F - Land adjacent to The Lindens, Midland Road,

Wellingborough. 28WP/2005/0514/F - Land adjacent 19 Duck End, Wollaston. 34WP/2005/0548/F - 3 Pebble Lane, Wellingborough. 38WP/2005/0558/C - Irchester Country Park, Gipsy Lane, Irchester. 41WP/2005/0584/C - Land to the West of the Village of Isham, A509, Isham. 43WP/2005/0585/C - Croyland Nursery School, Croyland Road, Wellingborough. 47

BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM SITE VIEWING (Date of visit 13th September 2005 at 2.15 p.m.) Regulatory Committee 14/09/2005 Report of the Director of Environment and Economy APPLICATION REF:

WP/2005/0426/F

PROPOSAL:

New shop front.

LOCATION:

23 Silver Street, Wellingborough.

APPLICANT:

Mr H Tailor.

NOTE: Application deferred for Site Viewing visit at Committee on 17th August 2005. This also enabled for further consultation and for application WP/2005/0446/AV in relation to the signs on the same site to be considered at the same Committee. Additional comments – 1. Wellingborough Town Centre Partnership – in support of Silver Street

Businesses and their comments in this matter. 2. Conservation Officer –

‘The bright red colour of the fascia sign is very dominant and is not sympathetic to the character and appearance of the Conservation Area.’

In light of these additional comments received in respect of this application and the objectors of the shopfronts’ bright red colour the Council agrees that this bright red façade is not in keeping with the shop fronts within the conservation area and therefore of detriment to the visual amenity of the locality.

CONCLUSION The proposal will have a material effect on the visual amenity of the street scene and therefore will not enhance or preserve the appearance of the conservation area. RECOMMENDATION: Refuse. 1. The proposal is considered to be contrary to Policies AR6 and GS5 of the

Northamptonshire County Structure Plan and G1 and G12 of the Borough of Wellingborough Local Plan.

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POLICY AR6 PROVISION WILL BE MADE TO CONSERVE, AND WHERE APPROPRIATE ENHANCE, THE FOLLOWING ENVIRONMENTAL ASSETS: • THE CHARACTER, APPEARANCE OR SETTING OF CONSERVATION AREAS; POLICY G1 PROPOSALS FOR DEVELOPMENT WILL NORMALLY BE GRANTED PLANNING PERMISSION WHERE THE DEVELOPMENT: 1. IS OF A HIGH STANDARD OF DESIGN WHICH RESPECTS AND ENHANCES

THE CHARACTER OF ITS SURROUNDINGS; POLICY G12 PROPOSALS FOR NEW BUILDINGS, OR ALTERATIONS TO EXISTING BUILDINGS OR OTHER STRUCTURES IN A CONSERVATION AREA WILL BE REFUSED UNLESS THE DEVELOPMENT BY REASON OF ITS SCALE, SITING, DESIGN AND THE USE OF MATERIALS WILL PRESERVE OR ENHANCE THE SPECIAL QUALITIES OF THE AREA AND ITS SETTING. POLICY GS5 IN ORDER TO PROMOTE HIGH QUALITY DESIGN AND SUSTAINABLE DEVELOPMENT, ALL PROPOSALS WILL HAVE REGARD TO THE FOLLOWING CONSIDERATIONS: • THE VISUAL APPEARANCE OF THE DEVELOPMENT IN THE CONTEXT OF

THE DEFINING CHARACTERISTICS OF THE LOCAL AREA;

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WP/2005/0446/AV

PROPOSAL:

Illuminated box sign - revised scheme - additional light box sign.

LOCATION:

23 Silver Street, Wellingborough.

APPLICANT:

Mr Harish Tailor.

This application has been referred to the Regulatory Committee for a decision because it received 3 or more objections stating that the advertisements will have an effect on the visual amenity of the conservation area. Shop front application WP/2005/0426/F, relating to the same site was considered by the Regulatory Committee on 17th August 2005. A decision was deferred for a visit by the Site Viewing Group to take place. It is considered that both the sign and the shop front should be subject of a visit. PROPOSAL AND DESCRIPTION OF SITE: As described above. The application is retrospective in nature and the shop front is being considered by the council under application WP/2005/0426/F. The site is a premises located in the town centre secondary shopping area and within the town centre conservation area but the area is not a designated area of special advertisement control. Despite the conservation area status the street scene locally displays a multifarious variety of shop front designs and advertisements that are constructed with a variety of materials. The application building itself dates from the early 1970’s and it reflects the architectural style from that era. RELEVANT PLANNING HISTORY: WP/2005/0028/F Change of use to A3 - conditionally approved. NATIONAL AND LOCAL PLANNING POLICY: Northamptonshire County Structure Plan – GS5 and AR6. Borough Council of Wellingborough Local Plan – G1 and G12. SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. NCC Highways – refer to NCC publication for highways advice. 2. Wellingborough Town Centre Partnership – no comment received.

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3. Conservation Officer –

‘The sign at first floor level is objectionable in the Conservation Area also, the bright red colour of the fascia sign is very dominant and is not sympathetic to the character and appearance of the Conservation Area. Internal illumination is also unacceptable.’

4. Third Parties – four letters of objection have been received from occupiers of 22

Silver Street and letters have also been received from 6 and 9a Silver Street which make reference to the following matters:

• High level, 3 dimensional brightly coloured sign is out of character with the

Conservation Area. • The proposed sign contravenes the conservation policy for Silver Street, as it

is not in keeping with the area, a bright red and Day-Glo yellow sign with stand off 3D lettering.

• The sign has raised 3D style lettering. • The materials and colour of the signs are not sympathetic and conflict with

most other signs in the street, (i.e. Wellingborough Health Foods, Brides, The Litten Tree).

• The wall mounted illuminated sign could result in light pollution until the early hours of the morning.

ASSESSMENT: Main Issues and Material Planning Considerations:

• Effect on visual amenity of the conservation area • Light pollution

Effect on the visual amenity of the conservation area The local planning department is required to pay special regard to preserving or enhancing the visual amenity of the designated conservation area and with bearing this in mind together with the comments of the conservation officer it is felt that the proposed advertisement application would not go enhance or preserve the character of the conservation area. The raised, single lettering character of the signage and the internal illumination does not reflect the character of the other shop signs in the vicinity and is therefore considered to detract from the visual amenity and character of the conservation area and contrary to policy. Light pollution Neighbouring occupiers have mentioned possible light pollution to the first floor flats to the west of the application site, however having considered the size and location of the signage it is felt that any light intrusion to the flats is at best negligible. The proposal would have an adverse impact on the amenity of the locality. CONCLUSION: The proposal is considered to have a material effect on the visual amenity of the street scene and therefore will not enhance or preserve the conservation area.

RECOMMENDATION: Refuse.

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1. The proposal is considered to be contrary to Policies AR6 and GS5 of the Northamptonshire County Structure Plan and G1 and G12 of the Borough of Wellingborough Local Plan.

POLICY AR6 PROVISION WILL BE MADE TO CONSERVE, AND WHERE APPROPRIATE ENHANCE, THE FOLLOWING ENVIRONMENTAL ASSETS: • THE CHARACTER, APPEARANCE OR SETTING OF CONSERVATION

AREAS;

POLICY G1

PROPOSALS FOR DEVELOPMENT WILL NORMALLY BE GRANTED PLANNING PERMISSION WHERE THE DEVELOPMENT: 1. IS OF A HIGH STANDARD OF DESIGN WHICH RESPECTS AND

ENHANCES THE CHARACTER OF ITS SURROUNDINGS.

POLICY G12

PROPOSALS FOR NEW BUILDINGS, OR ALTERATIONS TO EXISTING BUILDINGS OR OTHER STRUCTURES IN A CONSERVATION AREA WILL BE REFUSED UNLESS THE DEVELOPMENT BY REASON OF ITS SCALE, SITING, DESIGN AND THE USE OF MATERIALS WILL PRESERVE OR ENHANCE THE SPECIAL QUALITIES OF THE AREA AND ITS SETTING. POLICY GS5 IN ORDER TO PROMOTE HIGH QUALITY DESIGN AND SUSTAINABLE DEVELOPMENT, ALL PROPOSALS WILL HAVE REGARD TO THE FOLLOWING CONSIDERATIONS: • THE VISUAL APPEARANCE OF THE DEVELOPMENT IN THE CONTEXT

OF THE DEFINING CHARACTERISTICS OF THE LOCAL AREA;

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WP/2005/0465/O

PROPOSAL:

Outline planning permission for residential development including the demolition of no. 55 The Ridge.

LOCATION:

55 The Ridge, Great Doddington.

APPLICANT:

Mr R Spinks, C/o Crofts Solicitors.

A Councillor has requested a Site Viewing Group visit because of policy implications. PROPOSAL AND DESCRIPTION OF SITE: (As above). The site has an area of approx. 0.24 ha, which at a density of 35 dwellings to the hectare (i.e. the minimum density standard within current government guidance and Development Plan policy would result in a development of up to 9 dwellings). This application is submitted following the Inspector’s decision on the previous proposals relating to the site. It is suggested that the Inspector did not consider that the site was inappropriate for residential development suggesting that it was located within the identified settlement boundary. Furthermore that he felt that the development of the main area of the land would not itself be unduly damaging to the character or appearance of The Ridge. However, the Inspector was concerned that the use of Kale Lane to provide access was inappropriate because of the impact that this would have on its rural appearance. The current proposal is based upon a new access being provided following the demolition of no. 55 The Ridge. It is suggested that the whole of the application site falls within the settlement boundary and that its development would meet the requirements off PPS1 and PPG3 This matter is referred to Regulatory Committee given the level of objection received. RELEVANT PLANNING HISTORY: WP/2003/0187/0 Change of Use to Residential – withdrawn. WP/2004/0056/O Outline application for residential development – refused and appeal

dismissed. NATIONAL AND LOCAL PLANNING POLICY: Borough of Wellingborough Local Plan Policies: G1, G4, H3, H12, T3, T9 and T10. Northamptonshire Structure Plan Policies: GS2, GS3, GS4, GS5, GS6, H3, H6 and H7. SPG VIII: Building Better Places.

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PPS1 and PPG3. SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. County Highway Authority – at some 65m in length the means of access to the

development exceeds the desirable length of a shared private drive and has consequences in respect of refuse collection, the provision of utilities, general servicing, and deliveries and access for emergency vehicles. If planning permission is to be granted recommends that construction should be in accordance with standard technical requirements.

2. Environmental Health Officer – no comments upon the Enviroscreen Report

submitted with the application. 3. Third Parties – written representations originating from 2 local residents

(although one of the letter includes a petition of objection signed by 93 local residents) raising concerns and objections regarding the nature of the proposed dwellings, boundary treatment, the future maintenance of the open space, affect upon the character of the area and the fact that the proposal is neither infill nor a small group. A public inquiry is requested in the event of a further appeal.

ASSESSMENT: This is an outline application with all matters relating to layout, siting, design, external appearance, means of access and landscaping reserved for consideration at a later stage. The prime purpose therefore of the current application is to seek to establish the principle, in planning terms, for the development of this vacant site for residential use. The issues that need to be taken into account in the determination of this application are: (i) planning policy and whether the site is suitable for residential development, (ii) impact of the development upon the amenities of neighbouring residential occupiers,

and (iii) response to points arising from replies made to consultations. (i) Great Doddington is defined in the Borough of Wellingborough Local Plan as a

Restricted Infill Village and the application site is shown on the Proposals Map as falling mostly within the village policy line. In such cases, residential development is permitted by virtue of Policy G4 provided it will not have an adverse impact on the size, form, character and setting of the village and its environs. Policy H3 of the Local Plan sets out criteria that small scale residential development in the Restricted Infill Villages needs to meet if it is to be permitted. Once again these are framed to ensure that residential development proposals will not have an adverse impact upon the size, form, character and setting of the village and its environs and that it will consist of a small group of dwellings, or infilling, or the redevelopment and conversion of existing buildings. ‘Infilling’ for the purpose of Policy H3 is defined (paragraph 3.14 in the Local Plan) ‘as the filling in of a small gap which, having regard to the width of neighbouring residential curtilages and the general character of the site and surrounding area, is capable of accommodating a single dwelling, a pair of dwellings or a small terrace of dwellings not normally exceeding 4 in number in an otherwise built up frontage’. In paragraph 3.16 of the Local Plan it is stated that ‘in assessing the impact of development careful consideration must also be given to not only the important characteristics and features of the site but also to the scale, form and character of neighbouring development. For example, proposals which would result in the loss of either important views or of a gradual transition between a village and open countryside will not normally acceptable; small groups of

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dwellings are uncharacteristic of linear development’. On this basis the proposal does not meet the interpretations of the wording and criteria of Policy H3 in the Local Plan in that it does not result in the filling in of a small gap in an otherwise built up frontage and it would be uncharacteristic of the linear development that defines the area adjacent to the application site.

(ii) Given the location of the application site and the distance to the rear of the

properties fronting The Ridge, it is unlikely that there will be any impact upon the residential amenities of neighbours.

(iii) As is clear from what has already been outlined above, refusal of the application will

meet the concerns of the objectors. In conclusion, notwithstanding the points made by the Inspector that have been highlighted by the applicant’s Agents it is still felt that the proposal does not accord with the adopted Local Plan primarily because the development does not amount to ‘infilling of a small gap in an otherwise built up frontage’. RECOMMENDATION: Refuse. 1. The proposed development would be contrary to policies G4 and H3 (2, 3) of the

Borough of Wellingborough Local Plan in that if permitted it would result in the development of land that does not amount to the infilling of a small gap in an otherwise built up frontage. In addition, it would result in there being an adverse impact upon the character, setting and form of the village in the vicinity of the application site, which is characterised by being of linear ribbon form with a single lengthy row of dwellings facing The Ridge on its western side.

2. The access to serve the proposed development exceeds the desirable length of a shared private drive and as such it is unsatisfactory in respect of refuse collection, the provision of utilities, general servicing and access for emergency services vehicles. It is therefore contrary to Policy T (1) of the Borough of Wellingborough Local Plan.

POLICY G4 IN THE LIMITED DEVELOPMENT AND RESTRICTED INFILL VILLAGES, DEVELOPMENT WILL BE GRANTED PLANNING PERMISSION, SUBJECT TO MORE SPECIFIC POLICIES REGARDING INDIVIDUAL SITES AREAS OR USES, IF IT: 1. IS WITHIN THE VILLAGE POLICY LINES, AS DEFINED ON THE

PROPOSALS MAP;

2. WILL NOT, EITHER INDIVIDUALLY OF CUMULATIVELY WITH OTHER PROPOSALS, HAVE AN ADVERSE IMPACT ON THE SIZE, FORM, CHARACTER AND SETTING OF THE VILLAGE AND ITS ENVIRONS; LIMITED DEVELOPMENT VILLAGES ARE: EARLS BARTON; FINEDON; AND WOLLASTON

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RESTRICTED INFILL VILLAGES ARE: BOZEAT; ISHAM; ECTON; LITTLE HARROWDEN; GREAT DODDINGTON; LITTLE IRCHESTER; GREAT HARROWDEN; MEARS ASHBY; GRENDON; ORLINGBURY; HARDWICK; SYWELL (EXCLUDING THE OLD IRCHESTER; VILLAGE); AND WILBY POLICY H3 WITHIN THE RESTRICTED INFILL VILLAGES, SMALL SCALE RESIDENTIAL DEVELOPMENT WILL BE PERMITTED WITHIN THE VILLAGE POLICY LINES PROVIDED THAT THE PROPOSAL: 2. WILL HAVE NO ADVERSE IMPACT UPON THE SIZE, FORM,

CHARACTER AND SETTING OF THE VILLAGE AND ITS ENVIRONS; AND

3. WILL, WHERE APPROPRIATE IN THE CONTEXT OF CRITERION 2, CONSIST OF A SMALL GROUP OF DWELLINGS OR INFILLING OR THE REDEVELOPMENT OR CONVERSION OF EXISTING BUILDINGS.

POLICY T9 IN RELATION TO PROPOSALS INVOLVING THE LAYOUT OF NEW ROADS, A CHANGE IN THE CHARACTER OR VOLUME OF TRAFFIC, OR THE FORMATION OR ALTERATION OF A VEHICULAR ACCESS, PLANNING PERMISSION WILL BE GRANTED WHERE 1. HIGHWAY STANDARDS ARE SATISFACTORILY MET.

INFORMATIVE: 1. The applicant is advised that this decision relates to the following drawing

numbers received on the date shown: Drawing Number: Date Received: 412/SK02 20/07/2005

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WP/2005/0528/F

PROPOSAL:

Conversion of barn to two private dwellings.

LOCATION:

The Tithe Barn, High Street, Irchester.

APPLICANT:

Morris-Cook Developments Limited.

This application has been brought before the Committee because it is subject to more than two objections plus a request from the Parish Council for Site Viewing. PROPOSAL AND DESCRIPTION OF SITE: Conversion of former Tithe Barn into two dwellings. This is a Listed Building in a very poor state of repair. RELEVANT PLANNING HISTORY: WP/96/524 Conversion of Tithe Barn to 1 dwelling plus construction of new

detached house and garage - approved and renewed as WP/2001/0096 and WP/2004/0239.

Listed Building Consent also granted under reference: WP/96/525/LB Renewed as WP/2001/0097/LB and WP/2004/0240/LB. WP/2005/0374 Conversion of Tithe Barn to two dwellings - withdrawn. WP/2005/0375 Listed Building Consent for conversion of Tithe Barn to two

dwellings - granted. NATIONAL AND LOCAL PLANNING POLICY: Policies G1, G8, G9 G10, H2 and H12 of the Borough of Wellingborough Local Plan. SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. County Highway Authority – subject to compliance with the notes appended to

the application plan no objection is raised to the proposal on highway grounds. On a practical point it must be confirmed that sufficient space exists to enable vehicles to turn into the garages and parking space. It is recommended that an aisle width of 6m is available to achieve this manoeuvre satisfactorily.

2. Borough of Wellingborough, Amenity Services Manager – the Council operates a

three bin curtilage collection service. Therefore, allowance should be made for the storage of three bins at each property. These bins should be presented for collection on the boundary of the nearest public highway, in this case, on High Street.

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3. Irchester Parish Council – request a site visit as these plans have been resubmitted.

4. Northamptonshire County Council, Built and Natural Environment Team - we

have no objection to the principle of conversion to residential use, but we would recommend that if planning/listed building consent is granted then a condition should be attached to the consent(s) to ensure that an appropriate record is made of the building before the conversion works. The following wording may be useful: “No development shall take place until the applicants, or their agents or successors in title, have secured the implementation of a programme of building recording in accordance with a written brief provided by Northamptonshire County Council (tel (01604) 237093) and that this record has been submitted by the applicant and approved by Northamptonshire County Council and the Planning Authority.’’

5. Third Parties – six letters of representation received. The main points made are

as follows;

a. The scheme is an over development of the site and the Tithe Barn should only be used as one dwelling not two in accordance with a previous permission.

b. There are highway, access, traffic and parking problems with the development. The proposal will also result in an overall development which exceeds the number of dwellings normally allowed to be served off a private drive.

c. The proposal will cause unacceptable changes to the character of this Listed Building and also have an adverse impact on other nearby properties.

d. The development will result in a number of windows and roof lights which will overlook nearby properties. There is a restrictive covenant in place which prevents windows which cause overlooking of nearby properties and also works on the boundaries. There are overlooking issues from the proposed gardens and the back wall which adjoins the barn should be increased in height to address privacy concerns for nearby properties.

e. The development will have inadequate outside amenity space. f. There should be no attachment to the boundary wall of number 14 School

Hill. g. Part of the roof of the barn is asbestos. This should be removed by

specialists to ensure no problems. h. A wall that was previously been demolished should be rebuild in

accordance with discussion with the previous owner. ASSESSMENT: This is an application to convert the Listed Tithe Barn into two dwellings. A similar application was withdrawn earlier this year after concerns from the Council’s Officers on the following grounds: 1. There were a considerable number of new openings compared to the existing

building and an existing permission to convert the building to one dwelling. It was considered that these would have had an adverse effect on its character and the surroundings.

2. A large chimney was proposed for the main gable. It was considered that this would have significantly affected the character of the building.

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3. The proposed roof did not contain a mix of slates and pantiles as exist on the current building.

4. The number of concerns from the Highway Authority had not been met. The applicant has considered these points, discussed the matter with the Council’s Conservation Officer and submitted an amended application which reduces the openings in the building, includes a much smaller stove flue in place of the chimney and now proposes a mixture of slates and pantiles for the roof. He has also met with the Highway and has addressed their concerns subject to a number of improvements being carried out to the access (as shown on his plans) and there being adequate manoeuvring space to gain access to the proposed garages. He has subsequently confirmed that there is approximately 5.7 metres to access the garages. There is still a large amount of concern from nearby residents and the points they raise will be considered in turn: Possible over development of the site The scheme will involve the conversion of an existing building and will result in no more built development than exists at present. Any increase in disturbance as a result of two dwellings compared to the one that is already permitted is not considered sufficient to justify refusing the application. Highway, traffic and parking issues As described above, the applicant has met with the Highway and has addressed their concerns subject to a number of improvements being carried out to the access (as shown on his plans) and there being adequate manoeuvring space to gain access to the proposed garages. Two parking spaces are provided for each dwelling in the form of garages. This is considered acceptable in terms of the adopted county wide SPG on Parking. He has subsequently confirmed that there is approximately 5.7 metres to access the garages. This is only slightly less than the Highway Authority’s suggested distance and, bearing in mind this is on a private drive, this is not considered sufficient to justify refusing the application. There are therefore considered to be no reasons to justify refusing the application on these grounds. Impact on the Listed Tithe Barn and nearby Listed Buildings. This amended scheme has been discussed with the Council’s Conservation Officer and he considers it acceptable in these respects. It has been considerably improved since the design in the application that was withdrawn and it is considered that a refusal of the application on these grounds cannot be justified. Impact on nearby amenity. The proposed development will result in some overlooking towards adjacent properties. However, any overlooking has been restricted by the use of roof lights wherever possible and will be largely into gardens rather than directly into the windows of nearby properties. Some additional screening is proposed for the outside amenity space. Any impacts in this respect are therefore considered insufficient to justify refusing the application.

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Private amenity space Each of the properties will have a small garden area. One will measure 12 metres wide by 4 metres long and the other will be approximately 9 metres by 8 metres square. These areas are considered adequate for a barn conversion of this nature. Other issues Matters relating to possible covenants and the presence of asbestos are covered by other legislation and are not relevant planning considerations. Similarly, the previous demolition of a wall by a previous owner is noted but is not a consideration in the acceptability of this scheme. Number 14 School Hill appears sufficiently distant so as not to have its boundary affected. However, even if it is, this is protected by the Party Wall Act. Finally, the applicant’s agent has indicated that sufficient space will exist on the site for refuse bins and recyclables as required by the Council. Conclusions Overall, the proposal is considered acceptable and will enable the reuse of a Listed Building to prevent it falling into further disrepair. RECOMMENDATION: Approve subject to the following conditions: 1. The development shall be begun not later than the expiration of three years

beginning with the date of this permission. 2. Samples of the materials to be used for external cladding of the walls and roof of

the new dwelling shall be submitted to and approved in writing by the local planning authority before any development is commenced.

3. All new stonework shall be laid in level courses with a mortar mix no stronger than 1:2:9 (cement: lime: sand (5 parts soft/4 parts sharp)) with the mortar brushed back to the back arrises of the stonework whilst still green.

4. Full details of the proposed treatment of all existing openings in the Tithe Barn together with details of all new windows (including roof lights) and doors and details of their surrounds shall be submitted to and approved in writing by the local planning authority before any development is commenced.

5. The rainwater goods to the development shall be cast aluminium painted black. 6. Details of the upgrading of the driveway including the proposed surface

treatment and method of surface water drainage shall be submitted to and approved in writing by the local planning authority before any development is commenced. The dwellings shall not be occupied until the works agreed have been completed to the satisfaction of the local planning authority.

7. No development shall take place until the applicants, or their agents or successors in title, have secured the implementation of a programme of building recording in accordance with a written brief provided by Northamptonshire County Council (tel (01604) 237093) and that this record has been submitted by the applicant and approved by Northamptonshire County Council and the planning authority.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory

Purchase Act 2004.

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2. In the interests of visual amenity and to protect the character and setting of the listed building.




6. In the interests of highway safety. 7. To ensure the recording of any historical interest in the site. INFORMATIVE/S 1. Pursuant to Section 54A of the Town and Country Planning Act 1990, the

proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policies: G1, G8, G9 G10, H2 and H12 of the Borough of Wellingborough Local Plan.

2. The development shall be carried out in accordance with drawings 05/M89/3B and 05/M89/4B and 05/M89/5B received at the local planning authority on 3rd August 2005.

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WP/2005/0539/F

PROPOSAL:

Proposed front and rear extensions and room over garage.

LOCATION:

65 Churchill Road, Earls Barton.

APPLICANT:

Mr and Mrs S Gardner.

PROPOSAL AND DESCRIPTION OF SITE: This application seeks planning permission for a front and rear extension and an extension over the existing garage to a detached dwelling in Earls Barton. Residential properties are located to the east, west and south of the site. The frontage of the existing dwelling appears to be approximately in line with the neighbouring property no. 67 whilst it is set back in relation to no. 63. The site is on slightly higher ground in relation to no. 63. No. 67 is on higher ground in relation to the site. Open land, which is designated as Environmentally Important Space in the Borough of Wellingborough Local Plan, is found to the north. RELEVANT PLANNING HISTORY: It is considered that there is no planning history relevant to the determination of this planning application. NATIONAL AND LOCAL PLANNING POLICY: G1 of the Borough of Wellingborough Local Plan. Supplementary Planning Guidance (SPG) II: Residential Extensions. SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. Highways Authority – recommends that the highway standards and planning

conditions set out in the NCC document ‘Minor Planning Applications that have an effect on the highway’ be applied to this planning application.

2. Earls Barton Parish Council – no representation received. 3. Third Parties – three letters of objection have been received from neighbouring

occupiers. Objections are on the following grounds:

• Loss of visual amenity. • Loss of light and privacy. • Proposed extension goes beyond the current building line.

ASSESSMENT: The proposed first floor extension will be over the existing garage which is located on the eastern side of the dwelling adjacent to the boundary with no. 67 Churchill Road. The extension however will project beyond the first floor of the existing dwelling at the

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WP/2005/0539/F

rear by approximately 2 metres and will project approximately 0.9 metres forward of the first floor at the front. No. 67 the adjacent property to the east has a conservatory on the rear of the dwelling. Although the proposed extension is projecting out further than the existing first floor it is considered that the amenities currently enjoyed by the occupiers of no. 67 will not be detrimentally affected by reason of loss of light. Supplementary Panning Guidance II: Residential Extensions gives guidance on how far extensions can project in relation to neighbours windows to ensure adequate light to their rooms. First floor or two storey extensions should not project beyond a line drawn at 45° from the middle of the nearest ground floor windows of habitable rooms. Habitable rooms include kitchens, living rooms and bedrooms but exclude bathrooms, toilets, halls, landing and store rooms. In this case the proposed extension complies with the angle test with regards the nearest ground floor windows in the rear and front elevations of no. 67. The first floor window in the side elevation which faces toward the site is not to a habitable room. It is therefore considered that any loss of light to this window will not cause significant harm. This neighbouring property does not have any ground floor windows in this side elevation. No. 67 is on higher ground in relation to the site. It is therefore considered that the proposed extension will afford more privacy to the application site which is currently overlooked to some extent. It is considered that the proposed dormer window in the rear elevation will not cause a loss of privacy to the occupiers of no. 67. The proposed two storey extension at the front and rear will not have a detrimental effect on the amenities currently enjoyed by the occupiers of no. 63 in terms of loss of light. However due to this neighbouring property being on lower ground in relation to the site it is considered that any ground floor side window facing this property may have the potential to overlook and lead to a loss of privacy. It is therefore considered that permission should not extend to this proposed window. Approximately 0.9 metres will be retained between the proposed two storey side extension and the boundary. No. 67 the neighbouring property to the east is set approximately 1 metre in from the boundary. SPG II recommends that in areas of detached or semi-detached properties a gap of 1 metre should be retained between a two storey extension and the boundary to respect the character of the area, maintain visual separation between properties and avoid the terrace effect. The proposed gap is considered acceptable in this case. The application also proposes an extension to the existing lounge at the front of the dwelling adjacent to the boundary with no. 63 Churchill Road. The canopy roof over the existing porch will be extended over this single storey front extension. The site is set back in relation to no. 63. The proposed extension complies with the 60° angle test detailed in SPG II with regards the nearest ground floor window in the front elevation of this neighbouring property. It is therefore considered that the proposed front extension will not cause any loss of light to no. 63. The objection raised by the occupiers of no. 46 Churchill Road has been considered in the determination of this application. There will be a change to the view experienced from no. 46 Churchill Road which is located to the south of the site. However this is not considered to be a sufficient reason to warrant refusal of this planning application. The design of the proposed extensions is considered to be in keeping with the character of the existing dwelling and the surrounding area. The proposed extensions will not have an adverse impact on the amenities currently enjoyed by the occupiers of neighbouring dwellings and will respect the character of the

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area. The application is judged to be in accordance with Policy G1 of the Borough of Wellingborough Local Plan and Supplementary Planning Guidance II: Residential Extensions. RECOMMENDATION: Approve with conditions. 1. The development shall be begun not later than the expiration of three years

beginning with the date of this permission. 2. The external walls and roof of the extension shall be constructed with materials

of the same type, texture and colour as the external walls and roof of the existing building.

3. This consent does not extend to the proposed ground floor window in the side elevation which faces toward No. 63 Churchill Road.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any order revoking or re-enacting that order, no additional windows or other openings shall be formed at any time in the side elevations of the extension hereby permitted that will face No. 67 and No. 63 Churchill Road without the express prior permission in writing from the Local Planning Authority.

5. The proposed first floor ensuite bathroom window in the East Side Elevation shall be obscurely glazed and remain so at all times thereafter.

Reasons: 1. Required to be imposed pursuant to S51 of the Planning and Compulsory

Purchase Act 2004. 2. In the interests of amenity. 3. To ensure that the amenities of the neighbouring occupiers are not adversely

affected by loss of privacy. 4. To ensure that the amenities of the neighbouring occupiers are not adversely

affected by loss of privacy. 5. To ensure that the amenities of the neighbouring occupiers are not adversely

affected by loss of privacy. INFORMATIVE/S 1. Pursuant to Section 54A of the Town and Country Planning Act 1990, the

proposed development complies with the applicable development plan policies and there are no other material considerations that would constitute sustainable grounds for refusal. These include specifically the following policy: G1 of the Borough of Wellingborough Local Plan.

2. The applicant is advised that this decision relates to the following drawing numbers received on the date shown: Drawing Number: Date Received: Location Plan Plans/Elevations Existing Proposed Ground Floor Plan Proposed First Floor Plan Proposed Side (West) Elevation Proposed Rear (North) Elevation Proposed Side (East) Elevation Proposed Front (South) Elevation 4th August 2005

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BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM Regulatory Committee 14/09/2005 Report of the Director of Environment and Economy APPLICATION REF:

WP/2005/0382/F

PROPOSAL:

32 bed extension to existing nursing home.

LOCATION:

Kenroyal Nursing Home, 6 Oxford Street, Wellingborough.

APPLICANT:

Kenroyal Nursing Home.

PROPOSAL AND DESCRIPTION OF SITE: (As above). The proposal is for the construction of a mostly two-storey hipped roof rear wing comprising 32 beds to the south side of this established Nursing Home. The latter currently comprises a large older traditional and distinctive frontage building, with a newer wing to the east, set on the south side of Oxford Street, just to the west of the town centre. There is modern infill residential development bordering the site to the west, with vacant land (the subject to an outstanding appeal in respect of petrol filling station) with the Morrison’s supermarket site beyond this, to the east. To the south there is the Fairlawn centre and to the north on the opposite side of Oxford Street there is a mixture of uses, mainly leisure/commercial in detached properties typical of fringe areas to town centres. This application is referred to Regulatory Committee as the size of the scheme is such that the development is eligible for consideration of planning obligations which could be secured by virtue of a S106 planning agreement. RELEVANT PLANNING HISTORY: Planning permissions granted between 1951 and 1976 for garages, change of use to office, fuel store and extension to garage. BW/85/888 Use of building to residential nursing home. BW/86/488 Alterations and extensions. NATIONAL AND LOCAL PLANNING POLICY: Borough of Wellingborough Local Plan – G1, H1, H5 and H6. Northamptonshire County Structure Plan – GS1, GS2, GS3, GS5 and H7. PPG1, PPG3. SUMMARY OF REPLIES TO CONSULTATIONS/REPRESENTATIONS RECEIVED: 1. County Highway Authority – the redundant vehicular access is to be closed and

the footway made good as appropriate in accordance with the specification of the highway authority and the Borough Council should satisfy itself as to the adequacy of the parking provision to serve the development.

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Documents

Regulatory Committee Wednesday 14 September 2005 at 7.00pm ... · a. Land to the rear of the Post Office, 5 Midland Road, Wellingborough. b. 19 Main Road, Grendon. 6. Any other business