ITEM 10. Bannister Farm Cottage 220 Longmeanygate Midge Hall Leyland PR26 7TB. Applicant Priory Group

Transcription

1 Application Number Address ITEM 10 07/2015/0066/FUL Bannister Farm Cottage 220 Longmeanygate Midge Hall Leyland PR26 7TB Applicant Priory Group Agent Development Officer Recommendation Mr Stewart Bromley 132 Market Street Hyde Cheshire SK14 1EX United Kingdom Formation of 7 additional car park spaces Approval with Conditions Date application valid Target Determination Date Extension of Time None Crown Copyright and database rights 2011 Ordnance Survey

2 Report Summary This application seeks permission for installation of additional car parking area for 7 no: cars and ancillary works, in response to complaints received as a result of on-road parking. The proposal relates to a small scale care facility for autistic adults with more than adequate parking provision in line with adopted parking standards, but whose security and staffing arrangements dictate that additional, open access parking space is needed to reduce loss of neighbourhood amenity. Whilst the facility houses only 6 residents, the nature of their care is such that the facility employs 20 full time equivalent members of staff. This relatively minor proposal will be in keeping with the nature of the area and existing development, and is therefore considered to be in accordance with all relevant policies of the National Planning Policy Framework, Central Lancashire Core Strategy and South Ribble Site Allocations DPD. It is recommended for approval subject to the imposition of conditions. Application Site and Surrounding Area The application refers to a detached former dwelling with extensive gardens, located on a straight stretch of Longmeanygate, close to the junction with Dunkirk Lane, Leyland. To the south and west are densely populated residential areas, whilst to the east and north are sporadically placed detached dwellings. The site which is currently in use as a care facility, and immediate surroundings which are rural in feel and character, are designated under Policy G1 (Green Belt) of the South Ribble Local Plan. Site History There are 7 planning applications on the history of this site; the most recent and relevant of which is reference 07/2013/0437/FUL for change of use from dwellinghouse to residential care home. Approved August Conditions discharged March 2014 Proposal Description of works This application proposes development of an additional car parking area to the northern end of the garden with new dropped kerb highway access, landscaping and low level bollard lighting. Although the care facility already includes adequate off road parking in terms of adopted standards, secure access requirements are such that additional, open access parking is also felt necessary. This would offer overspill parking for staff, whilst alleviating the need for on-road parking to those without access to the main secure car park. This proposal was suggested following problems encountered by residents of The Laund; a residential community facing across Longmeanygate. 2

3 The car park (approx. 20m x 18m), which would be surfaced in black tarmac will include 7 additional parking spaces to the north and manoeuvring space/access to the southern part of the proposal site; the parking bay section sits 6.8m from the common boundary with no 208 Longmeanygate whose gable wall is approx. 21m away. Vehicular access will be approx. 34m from this property and approx. 26m from the rear of closest property on The Laund. A new dropped kerb is proposed at this point. Pedestrian access to the care facility from the car park is via short footpath proposed to the site centre and illuminated by 2 no: 1.2m, low level down lighter bollards Drainage from the area will be to adjacent soakaway surrounding areas being laid to lawn. To accommodate development, 4 trees and a small area of shrubbery are to be removed. These have been assessed by South Ribble s Arboriculturalist (see below). Landscaping is proposed to the northern site boundary to militate against potential noise pollution following tree removal although existing 1.8m boundary fences are also to be retained. Summary of Supporting Documents In addition to scaled drawings, the application is accompanied by: Design & Access Statement (Ref : Jan 2015 BA Property Consultants) Tree Survey (SMU Consultancy) Bollard light specifications (Neway LED 5w: Ansell Lighting) Representations Summary of Publicity A site notice has been posted and 12 neighbouring properties have been consulted; a second period of consultation followed submission of the amended scheme. Comments below refer to representation made before publication of the agenda. Any additional responses will be reported verbally at committee. Letters of objection Representation has only been made by one resident of The Laund whose comments are: Original plans assumed 4 car parking spaces were sufficient two versions of this proposal have been submitted; both of which included 7 spaces. Existing access is dangerous and that the new access is on a bend amendments were requested to the access point by LCC Highways and are now considered acceptable. Issues of staff parking on Longmeanygate and The Laund form part of the objection the proposal has been submitted solely to alleviate these issues in response to neighbour complaint In addition, comments have been made which have no relevance to this planning application and as such have not been taken into account. 3

4 Comments with regards to the previous application at this property (change of use to C2 care facility). Permission for this facility has been implemented in line with approved proposals, but respondent suggests that this facility sits within the C2A rather than C2 use class. C2 use class includes (as defined by the Town & Country Planning (Use Classes) Order 1987 (as amended)) residential institutions such as residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres, whilst C2A covers secure residential institutions including prison, young offender institutions, detention and secure training centres, custody and short term holding centres, military barracks and secure hospitals. That escalation of the site s use was pre-planned, and that the same situation was prevented in other authority areas. Correct planning consents are being contested as a private dwelling being used as a mental hospital is wholly inappropriate and completely unacceptable this facility is not a mental hospital, and the principle of development for use of the property as a residential care home for autistic adults has already been established Comments re: taxpayer contributions and private business profits which undercut NHS provision at the expense of residents and neighbours. Summary of Responses South Ribble Arboriculturalist has no objections to the proposal given the quality of the trees to be removed and retention of others on site. Lancashire County Council Highways had concerns with regards to initial proposals which accessed the car park from an existing gateway on a length of Longmeanygate with reduced visibility. Following their suggestion that the proposal should be mirrored with access along a straighter section of Longmeanygate, amended plans have been submitted. These appear to accord well in terms of highway expectations but standard conditions have been requested with regards to car park retention and construction. The amended scheme also draws the proposal away from the closest residential property. Environmental Health have no objections but note that as there is the potential for increased noise at the facility, restrictive conditions which refer to construction times and site preparation, and floodlighting to the site are necessary. A precautionary contaminated land condition has also been suggested. Material Considerations Policy Background The Site Allocations and Development Management Policies Development Plan Document (the Plan) underwent an Examination in Public in March 2013 and received a Partial Report from the Planning Inspector in November A Partial Version of the Plan has been produced which includes all the Main and Additional Modifications discussed during the hearings and consulted on during summer This Version has now been endorsed by Cabinet and Full Council on 6 and 20 November, respectively, for use in development management purposes to guide decisions on planning applications. Whilst the Plan has not been formally adopted, it has been endorsed by the Council and in line with the Inspectors Partial Report; it now carries significant weight in the planning process. As a result of this, the Local Plan (2000) now carries only limited weight in the planning process and is 4

5 considered to have been broadly superseded by the Plan. However, to fully accord with Local Plan regulations the Local Plan (2000) will technically remain in place until the formal adoption of the Plan due in Where an allocation or policy is contradicted between the Plan and the Local Plan (2000), the Plan will now take precedent. Adopted policies of relevance to this proposal are: National Planning Policy Framework The overarching theme of the NPPF is one of presumption in favour of sustainable development; this includes building a strong and competitive economy, whilst acknowledging that noise resulting from new development may also impact on health and quality of life. Chapter 1: Building a strong, competitive economy with Para 18: committing to securing economic growth, job creation and prosperity. Para 19 of the same chapter aims to ensure that the planning system does everything it can to support economic growth. Planning should encourage and not impede sustainable growth, which should be afforded significant weight Chapter 7: Requiring good design. This policy attaches great importance to the design of the built environment which contributes positively to making better places for people. Although Para s: 48 and 53 of this document deter against garden development, they relate specifically to domestic residential gardens and not those of a commercial nature. Chapter 9: Protecting Green Belt Land - Para s 87 & 88 describe inappropriate development as by definition harmful to the Green belt, which should not be approved except in very special circumstances which clearly outweigh other considerations. Para 89 however notes exceptions to this inappropriate development as reflected in Policy G1 of the Site Allocations DPD (Partial version) below. Central Lancashire Core Strategy Policy 17: Design of New Buildings requires new and altered development to take account of the character and appearance of local areas, including sympathy with surrounding land uses. It aims to ensure that the amenity of occupiers of development will not be adversely affected by neighbouring uses and vice versa. South Ribble Site Allocations Development Plan Document (Partial Version) Policy F1: Parking Standards requires all development proposals to provide car parking and servicing space in accordance with parking standards adopted by the Council Policy G1: Green Belt reflects the NPPF in that it presumes against inappropriate development in the Green belt unless very special circumstances exist, but permits proposals which maintain the fundamentally open nature of the area. It restricts, but does not prohibit construction in the green belt; allowing for development which does not result in disproportionate additions over and above the original. 5

6 Policy G17: Design Criteria for New Development reflects the design requirements of both NPPF Chapter 7 and Core Strategy Policy 17. It also supports development which does not prejudice highway or pedestrian safety. Green Belt Impact This site is designated as Green Belt to which Policy G1 Policy (Green Belt) of the South Ribble Site Allocations DPD (Partial Version) refers. Adopted policy seeks to protect the Green Belt from inappropriate development which should not be approved except in very exceptional circumstances which protect the openness of Green Belt areas. The proposal does not involve significant re-development; merely changing existing garden space into hardstanding. In fact, by removing vehicles to within the sites boundaries, this proposal results in a more compact facility whose impact in terms of on-road parking and neighbourhood amenity is also significantly reduced. Design, Character & Appearance This proposal is limited in its impact as a result of visual appearance, and will be relatively unobtrusive in the context of its extended locality. Proposals are not considered to prejudice highway safety, and offer provision over and above that required by adopted parking standards In terms of the detailed design of the development, Para: 65 of the NPPF states that local planning authorities should not refuse planning permission for development which promotes high levels of sustainability. Reuse of this existing space is considered to be particularly sustainable and worthy of support Neighbour Consideration The only property adjacent is no: 208 Longmeanygate whose gable wall sits some 21m from the common boundary. The care facility and 222 Longmeanygate are approx. 20m to the south but protected by their own landscaping/boundary treatments, and other properties exist more than 35m to the south. Although the proposed development is not considered to be significant, it s potentially 24hr use may impact in terms of noise, and as such conditions to require boundary landscaping as mitigation in accordance with location plan ref: Jan15/Rev A and to restrict lighting in this area to that proposed are considered appropriate. Otherwise, this proposal sits well within its rural environment and enjoys more than adequate levels of separation to current residents in all directions. Properties facing Longmeanygate but addressed onto The Laund enjoy between 37m and 124m separation across Longmeanygate itself. Highways Considerations, Suitability of Access and Parking Arrangements Highway considerations are discussed above (see LCC Highways response); vehicular access and parking provision are considered more than adequate Summary 6

7 The application proposes the change of use of garden space to a residential care facility to car parking for 7 vehicles with dropped kerb access and ancillary works. The property is accessed off Longmeanygate and already has ample parking provision to the side of the property, in excess of the required amount for care homes of one space per five residents. Security, care and staffing arrangements however dictate that additional space is needed to reduce on-road parking and resulting loss of neighbourhood amenity. This relatively minor proposal will be in keeping with the nature of the area and existing development, and is therefore considered to be in accordance with all relevant policies of the National Planning Policy Framework, Central Lancashire Core Strategy and South Ribble Site Allocations DPD. It is recommended for approval subject to the imposition of conditions. RECOMMENDATION: Approval with Conditions. RECOMMENDED CONDITIONS: 1. The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this permission. REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act The development hereby permitted shall be carried out in accordance with the submitted approved plan Dwg: Rev A (BA Property Consultants) and SMW Tree Survey Report. REASON: For the avoidance of doubt and to ensure a satisfactory standard of development in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the Partial Version Site Allocations Development Plan Document 3. Before any site activity (construction or demolition) is commenced in association with the development, barrier fencing shall be erected around all trees to be retained on the site as detailed in the Tree Protection Plan which has been agreed by the local planning authority. The fencing shall be constructed and located in compliance with BS Trees in Relation to Design, Demolition and Construction - Recommendations. Within these fenced areas no development, vehicle manoeuvring, storage of materials or plant, removal or addition of soil may take place. This includes ground disturbance for utilities. The fencing shall not be moved in part or wholly without the written agreement of the local planning authority. The fencing shall remain in place until completion of all development works and removal of site vehicles, machinery, and materials in connection with the development. REASON: To prevent damage to trees during construction works in accordance with Policy G13 in the Partial Version Site Allocations Development Plan Document 7

8 4. The approved landscaping scheme denoted on plan ref 'Jan15/Rev A' (BA Property Consultants Ltd) shall be implemented in the first planting season following completion of the development, or first occupation/use, whichever is the soonest. The approved scheme shall be maintained by the applicant or their successors in title thereafter for a period of 5 years to the satisfaction of the local planning authority. This maintenance shall include the replacement of any tree or shrub which is removed, becomes seriously damaged, seriously diseased or dies, by the same species or different species, and shall be agreed in writing by the local planning authority. The replacement tree or shrub must be of similar size to that originally planted. REASON: In the interests of the amenity of the area in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G8 in the Site Allocations DPD 5. No external flood lighting or security lighting other than that denoted on plan 'Jan15/Rev A' (BA Property Consultants Ltd) shall be installed at the development site hereby permitted without the written approval of the Local Planning Authority. REASON: In the interests of the amenity and to safe guard the living conditions of the nearby residents in accordance with Policy 17 and 28 of the Central Lancashire Core Strategy and G17 of the Site Allocations DPD (Partial Version) 6. During construction and site clearance, no machinery shall be operated, no processes carried out or deliveries taken at or dispatched from the site outside the following times: 0800 hrs to 1800 hrs Monday to Friday 0800 hrs to 1300 hrs Saturday No activities shall take place on Sundays, Bank or Public Holidays. REASON: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with Policy 17 in the Central Lancashire Core Strategy 7. Prior to first use of the car park hereby approved, the associated parking spaces shall be drained and surfaced with a material to be agreed by the Local Planning Authority. This area shall be retained at all times thereafter and shall not be used for any purpose other than the parking of vehicles. REASON: To ensure the provision and retention of adequate on-site parking facilities and to accord with Policy 3 in the Central Lancashire Core Strategy, Policy F1 and Policy G17(c) in the Partial Version Site Allocations Development Plan Document 8. No part of the development shall be commenced until all the highway works within the adopted highway have been constructed in accordance with a scheme that shall be submitted to and approved by the Local Planning Authority in consultation with the Highway Authority as part of a section 184 agreement, under the Highways Act REASON: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site and to enable all traffic to enter and leave the premises in a safe manner without causing a hazard to other road users. 9. The level of the new driveway shall be constructed 0.150m above the carriageway channel line of Longmeanygate 8

9 REASON: To safeguard future reconstruction of the highway and In the interests of highway safety as required Policy G17(c) in the Partial Version Site Allocations Development Plan Document 10. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for: I. the proposed times construction works will take place II. the parking of vehicles of site operatives and visitors III. loading and unloading of plant and materials IV. measures to control the emission of dust and dirt during construction V. measures to control the emission of noise during construction VI a scheme for recycling/disposing of waste resulting from demolition and construction works REASON: To safeguard the amenities of neighbouring properties in accordance Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the Partial Version Site Allocations Development Plan Document 11. Once works commence on the site, should site operatives discover any adverse ground conditions and suspect it to be contaminated, they should report this to the Site Manager and the Contaminated Land Officer at South Ribble Borough Council. Works in that location should cease and the problem area roped off. A Competent Person shall be employed to undertake sampling and analysis of the suspected contaminated materials. A Report which contains details of sampling methodologies and analysis results, together with remedial methodologies shall be submitted to the Local Planning Authority for approval in writing. The approved remediation scheme shall be implemented prior to further development works taking place and prior to occupation of the development. Should no adverse ground conditions be encountered during site works and/or development, a Verification Statement shall be forwarded in writing to the Local Planning Authority prior to occupation of the building(s), which confirms that no adverse ground conditions were found. REASON: To ensure that the site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site, in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G14 in the Partial Version Site Allocations Development Plan Document RELEVANT POLICY NPPF National Planning Policy Framework 17 Design of New Buildings (Core Strategy Policy) POLF1Policy F1 - Car Parking POLG1 Policy G1 Green Belt POLG17 Policy G17 Design Criteria for New Development Note: Other application Informative 9

10 1. Attention is drawn to the condition(s) attached to this planning permission. In order to discharge these conditions an Application for Approval of Details Reserved by Condition form must be submitted, together with details required by each condition imposed. The fee for such an application is 97. The forms can be found on South Ribble Borough Council's website 2. Highways Note 1:The alterations to the existing highway as part of the new works may require changes to the existing street lighting at the expense of the client/developer. 3. Highways Note 2: The new vehicular access, within the adopted highway fronting the property will need to be constructed under a section 184 agreement of the 1980 Highways Act (vehicle crossings over footways and verges). The Highway Authority hereby reserves the right to provide the highways works within the highway associated with this proposal. Provision of the highway works includes design, procurement of the work by contract and supervision of the works. The applicant is advised to contact the Environment Directorate before works begin on site. Further information and advice can be found at and search for 'vehicular crossings'. 4. Highways Note 3:It is assumed that Lancashire County Councils Highways Maintenance (Area South) will be consulted regarding the approval of street works details. 10