PLANNING COMMITTEE:
22nd January 2019

DEPARTMENT:
Planning Service HEAD OF PLANNING:         
Peter Baguley

| APPLICATION REF:                    | N/2018/1550                                                    |
|-------------------------------------|----------------------------------------------------------------|
| Land Adjacent To , 2 Southwood Hill |                                                                |
| LOCATION:                           |                                                                |
| DESCRIPTION:                        | Demolition of 8no domestic garages and construction of 2no new |
| dwellings                           |                                                                |
| WARD:                               | Delapre & Briar Ward                                           |
| APPLICANT:                          | Northampton Partnership Homes                                  |
| AGENT:                              | Baily Garner LLP                                               |
| REFERRED BY:                        | Head of Planning                                               |
| REASON:                             | Council owned land                                             |
|                                     |                                                                |
| DEPARTURE:                          | No                                                             |

## Application For Determination: 1 Recommendation

1.1
APPROVAL subject to the conditions as set out below and for the following reason: 
The principle of residential development on the site for new dwellings is considered acceptable in a residential area and would contribute towards the Council's five year housing land supply. On balance, it is considered that the proposal would have an acceptable impact upon the character and appearance of the surrounding area, neighbouring amenity and highway safety. The development is therefore compliant with the requirements of the National Planning Policy Framework, Policies S1, S10, H1, and BN9 of the West Northamptonshire Joint Core Strategy, and Saved Policies E20 and H10 of the Northampton Local Plan.

## 2 The Proposal

2.1
The application seeks full planning permission for the demolition of the garages described below, and the erection of a pair of two storey three bedroomed semi-detached dwellings. Five dedicated car parking spaces will be provided for the proposed dwellings, with 8 other communal parking spaces provided along the northern boundary for other local residents.

## 3 Site Description

3.1
The application relates to two blocks of flat roofed brick built garages, each comprising four individual garages to the north of the cul-de-sac at Southwood Hill some 140m to the west of its junction with the junction with Hunsbarrow Road.
3.2
There are two existing trees on site.  The area is predominantly residential in character.

## 4 Planning History

4.1
None relevant.

## 5 Planning Policy 5.1 Statutory Duty

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material planning considerations indicate otherwise.  The Development Plan for the purposes of this application comprises the adopted West Northamptonshire Joint Core Strategy (2014) and the Northampton Local Plan (1997) saved policies.

## 5.2 National Policies

The National Planning Policy Framework (NPPF) sets out the current aims and objectives for the planning system and how these should be applied.  In delivering sustainable development, decisions should have regard to the mutually dependent social, economic and environmental roles of the planning system.  The NPPF should be read as one complete document. However, the following sections are of particular relevance to this application:

Paragraphs 7-12 - Presumption in favour of sustainable development. Paragraph 60 - Housing needed for different groups in the community. Paragraph 127 - Create places with a high standard of amenity for existing and future users. Section 8 - Promoting healthy and safe communities. Section 9 - Promoting sustainable transport Section 12 - Achieving well-designed places.

## 5.3 West Northamptonshire Joint Core Strategy (2014)

The West Northamptonshire Joint Core Strategy (JCS) provides an up to date evidence base and considers the current Government requirements for plan making as it has been prepared in full conformity with the NPPF. Policies of particular relevance are:

Policy S1 - The Distribution of Development Policy S10 - Sustainable Development Principles. Policy H1 - Housing Policy BN9 - Planning for Pollution Control

## 5.4 Northampton Local Plan 1997 (Saved Policies)

Due to the age of the plan, the amount of weight that can be attributed to the aims and objectives of this document are diminished, however, the following policies are material to this application:

Policy E20 - New Development (Design)
Policy H10 - Backland Development 

## Supplementary Planning Documents

Northamptonshire Parking Standards (September 2016) Planning out Crime in Northamptonshire SPG 2004

## 6 Consultations/ Representations

Comments received are summarised as follows:

6.1
Arboriculture Officer (NBC) - The loss of two trees (T1 & T2) is justifiable due to the proximity of the ash tree to the proposed development and as the Silver Birch is so suppressed as not to be worthy of retention. The proposed retention measures for T3 (Ash) need to be provided and maintained throughout the duration of the development.
6.2
Northamptonshire Police: No objections.
6.3
Highway Authority (NCC) - Recommends that the dwellings are set back by 5m to provide parking to the front (Note: the proposal has been amended to reflect this comment).
6.4
Representations - Objections have been received on grounds of lack of parking in the area leading to neighbourly disputes, and a reduction in parking resulting from the proposed development.

## 7 Appraisal Principle Of Development

7.1
The application site is in a residential area within the urban area of Northampton and therefore development of the site for residential purposes is acceptable in principle under Policy S1 of the Joint Core Strategy.
7.2
The Council cannot however presently demonstrate a five year housing land supply.  Therefore, in accordance with the presumption in favour of sustainable development in paragraph 11 of the NPPF, development should be permitted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.  The development of the site for housing would contribute towards the Council's housing supply with associated social and economic benefits, and this therefore weighs in favour of the proposal. 

## Layout And Design

7.3
Saved Policy E20 of the Northampton Local Plan and Policy H1 of the Joint Core Strategy place great importance on the quality of design of new developments, and are in conformity with the NPPF which advises that planning should always seek to secure high quality design.  In addition, Saved Policy H10 of the Northampton Local Plan seeks to resist backland development unless it can be shown that the development would not be detrimental to the character of the locality or the amenity of neighbours.  
7.4
The application site comprises a former garage court site set amidst a variety of different types of housing. Therefore the proposal would not result in the loss of residential garden land, and would comprise the re-use of brownfield land which is encouraged under the NPPF.  
7.5
The proposed development is set amidst existing residential development comprising of a variety of different house types and design. Whilst the simple and utilitarian design proposed would not match that of the dwellings in the area, they would not be out of keeping. The proposed development is therefore considered to be acceptable in terms of layout and design.

## Residential Amenity

7.6
Saved Policy E20 of the Northampton Local Plan, Policy H1 of the Joint Core Strategy and the Core Planning Principles in the NPPF all seek to secure a good standard of amenity for all existing and future occupants of land and buildings.
7.7
The gable ends of the proposed dwellings will be separated from the gable ends of the dwellings to the south by about 6m, the layout has been revised so that the proposed dwellings are in line with those to the south as recommended by the Highway Authority. There is a separation distance of about 15m to the rear elevations of existing dwellings to the north, and about 20m to the dwellings to the west (rear) with an intervening footway and high hedge. The front of the site also overlooks an area of communal car parking. For these reasons residential amenity is not considered to be adversely affected.

## Parking And Highway Safety

7.8
The applicant has confirmed that only 2 of the garages are currently vacant and that the lessees of the other six garages will be reallocated empty garages in the area. The garages are in disrepair and subject to antisocial behaviour.
7.9
There are currently 8 garages and three hardstanding car parking spaces giving a total of 11 existing spaces. The proposed scheme will provide a total of 13 hardstanding parking spaces for the existing residents and proposed dwellings - giving a net increase of 2 parking spaces.
7.10
In lieu of the garages, the proposed development would rationalise the site by providing housing, and useable additional parking and improved circulation to ease congestion.
7.11
In the circumstances described above where there is a net increase in parking, the scheme is considered to be acceptable on grounds of amenity, parking and highway safety.

## Landscaping

7.12
As a result of the proposed development an Ash and Silver Birch trees will be lost. The Council's Arboriculture Officer considers the loss to be reasonable. On balance, it is considered that any adverse amenity value through the removal of the trees will be offset by the benefits of providing additional housing.

## Contamination

7.13
Due to the possibility of the presence of land contamination conditions are recommended that require site investigation.

## Other Matters

7.14
Due to the grading works involved details of retaining walls, and fencing will be required. These details will be secured by condition.

## 8 Conclusion

8.1
The site is in an existing housing area within the urban area of Northampton and the principle of residential development on the site is therefore acceptable under the development plan.  However, the Council cannot presently demonstrate a five year housing land supply and it is therefore necessary to assess the proposal against the presumption in favour of sustainable development. In this instance, the proposal would comply with the development plan and would contribute, albeit on a small scale, towards the Council's housing supply with associated social and economic benefits.  Furthermore, subject to conditions, no harm has been identified that would significantly and demonstrably outweigh the benefits.  Therefore, it is recommended that planning permission is granted subject to conditions.  

## 9 Conditions

1.
The development hereby permitted shall be begun before the expiration of three years from the 
date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2.
The development hereby permitted shall be carried out in accordance with the following approved 
plans: (P)01, (P)02, (P)03, (P)05 & (P)06.
Reason: For the avoidance of doubt and to accord with the terms of the planning application.

3.
 Prior to the construction of the development hereby approved above ground floor slab level, 
details of all proposed external facing materials shall be submitted to and approved in writing by 
the Local Planning Authority.  Development shall be carried out in accordance with the approved 
details.
Reason: In the interests of visual amenity in accordance with Policy H1 of the West Northamptonshire Joint Core Strategy.

4.
Prior to the construction of the development hereby approved above ground floor slab level, full 
details of the method of the treatment of the external boundaries of the site together with any other 
means of enclosure to be erected within the site shall be submitted to and approved in writing by 
the Local Planning Authority.  The approved details shall be implemented prior to the occupation of the building hereby permitted and retained thereafter.
Reason: To ensure that the boundaries of the site are properly treated so as to secure a satisfactory and safe standard of development in accordance with Policies H1 and S10 of the West Northamptonshire Joint Core Strategy.

5.
 Prior to the construction of the development hereby approved above ground floor slab level, a 
detailed scheme of hard and soft landscaping for the site shall be submitted to and approved in 
writing by the Local Planning Authority.  All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the 
occupation of the building or the completion of the development, whichever is the sooner, and 
which shall be maintained for a period of five years; such maintenance to include the replacement in the current or nearest planting season whichever is the sooner or shrubs that may die are 
removed or become seriously damaged or diseased with others of similar size and species.
Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with Policies H1 and S10 of the West Northamptonshire Joint Core Strategy.

6.
Prior to the construction of the development hereby permitted, details of the existing and proposed 
ground levels and finished floor levels of the development shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, the development shall be implemented in accordance with the approved details.
Reason: In the interests of residential and visual amenity in accordance with Policy H1 of the West Northamptonshire Joint Core Strategy.  Pre-commencement condition to ensure details are agreed in a timely manner and to ensure a satisfactory standard of development.

7.
The construction of the development hereby permitted shall not take place until a desk top study in 
respect of possible contaminants within the site is completed and a site investigation has been 
designed.  The scope and methodology of the desk top study and the site investigation report shall be submitted to and approved in writing by the Local Planning Authority. The site investigation and 
appropriate risk assessments shall be carried out and the results shall be used to produce a 
method statement for the necessary remedial works (and a phasing programme), which shall be 
submitted to and approved in writing by the Local Planning Authority. All remedial works shall be fully implemented in accordance with the approved method statement and phasing programme.  
Confirmation of the full implementation of the scheme and validation report(s) shall be submitted to the Local Planning Authority within 2 weeks of completion (or within 2 weeks of completion of each respective phase).
Reason: To ensure the effective investigation and remediation of contaminated land sites and in the interests of health and safety and the quality of the environment in accordance with Policy BN9 of the West Northamptonshire Joint Core Strategy.  Pre-commencement condition to ensure details are agreed in a timely manner and to ensure a satisfactory standard of development.

8.
In the event that contamination is found at any time when carrying out the approved development 
that was not previously identified it must be reported in writing immediately to the Local Planning 
Authority.  An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared which is subject to the approval in writing of 
the Local Planning Authority.  Following completion of measures identified in the approved 
remediation scheme a verification report must be prepared, which is subject to the approval in 
writing of the Local Planning Authority
Reason: To ensure the effective investigation and remediation of contaminated land sites and in the interests of health and safety and the quality of the environment in accordance with Policy BN9 of the West Northamptonshire Joint Core Strategy.

9.
Notwithstanding the submitted details, full details of the storage sheds shall be submitted to and 
approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.
Reason: To ensure the provision of adequate facilities in accordance with Policy S0 of the West Northamptonshire Joint Core Strategy.

10.
The parking spaces and manoeuvring areas shown on approved plans shall be constructed prior to 
the occupation of the building hereby approved and retained thereafter. 
Reason: To ensure that the proposed development does not prejudice the free flow of traffic or conditions of highway safety in accordance with the requirements of the National Planning Policy Framework.

11.
Notwithstanding the provisions of the Town and Country Planning (General Permitted 
Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or 
without modification), no additional windows shall be installed in the side elevations of the proposed development.
Reason: To safeguard the privacy of adjoining properties in accordance with Policy H1 of the West Northamptonshire Joint Core Strategy.

12.
Notwithstanding the provisions of the Town and Country Planning (General Permitted 
Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or 
without modification), no extensions or outbuildings shall be erected to the dwellings hereby permitted. 
Reason: To prevent overdevelopment of the site in accordance with Policy E20 of the Northampton Local plan.

## 10 Background Papers

10.1
N/2018/1380.

## 11 Legal Implications

11.1
The development is CIL liable.

## 12 Summary And Links To Corporate Plan

12.1
In reaching the attached recommendations regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.