2008/0508 / Mr G Murray / Mr M Gadsden
M & P Gadsden Consulting Engineers
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Dalton South / David Kitts
01229 876440 / 22/04/2008
STATUTORY DATE:
16/06/2008
LOCATION:
78 Market Street & 27 and 29 Garden Terrace, Dalton-in-Furness
PROPOSAL:Alteration and subdivision of a large dwelling (presently used as a bed & breakfast) to four flats and a reduced size two storey dwelling.
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY B6
Subdivision of existing properties in residential areas to flats will be permitted provided the following can be met:
i) There is no detriment to the residential amenity of neighbouring properties, especially with respect to the loss of privacy;
ii) Adequate car parking facilities can be produced without placing an unacceptable strain on the on-street parking facilities;
iii) The subdivision will not detract from the character of that area;
iv) Adequate external and internal amenity space is provided;
v) The conversion works retain the character of the building;
vi) There is adequate access from the residential units to both the front and rear of the building; and
vii) Adequate capacity either exists or can be provided in relation to water supply, foul and surface water sewerage and sewerage treatment.
POLICY B12
Within the existing settlements of Barrow and Dalton and the residential cordons outlined in Policy B13 below, the conversion of buildings to residential accommodation will be permitted where the following criteria can be met:
a) The building is structurally sound and capable of conversion without major rebuilding, extensions or modifications to the existing structure, as demonstrated by the submission of a satisfactory structural survey;
b) The building is served by a satisfactory access;
c) Water supply, foul and surface water drainage and sewage treatment facilities are readily available on site or can be provided; and
d) The scale of the conversion, both in terms of the number of units and their size and in terms of architectural detailing is appropriate to the buildings, their character and their location.
POLICY D15
Development within or affecting the setting of Conservation Areas will only be permitted where it preserves or enhances the character or appearance of the Area. In particular it should:
1. Respect the character of existing architecture and any historical associations by having due regard to positioning and grouping of buildings, form, scale, enclosure, detailing and use of traditional materials;
2. Respect existing hard and soft landscape features including open space, trees, walls and surfacing;
3. Respect traditional plot boundaries and frontage widths; and
4. Respect significant views into or out of the Areas.
Applications for:
a) Listed Building Consent; or
b) Planning consent for alterations to un-listed buildings within Conservation Areas or new buildings affecting the setting of a Listed Building must show full details unless otherwise agreed with the Planning Authority.
SUMMARY OF MAIN ISSUES:Proposal will result in one 3 bedroom dwelling at 78 Market Street, two 2 bedroom and two 1 bedroom flats at 27 and 29 Garden Terrace. Issues regarding use and parking are addressed.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
Proposal advertised on site and in the local press
The Occupiers of 1-4 Hamilton Terrace, 15, 17, 19, 25, 33, The Barn, Garden Terrace, The Flat 76, 74, 80, 79, 78a, 69-71, Bank Flat 90, 75-77, 73, 76, 81, 90, 84, 75, Flat 73, Maisonette 74, 79a, 67, 86-88, 77a, The Flat 81, The Flat 75, Flat 88, The Flat 83a, 83, Kaymas Engineering, Nat West Bank Chambers, Market Street, 5 Station Road, Dalton in Furness all informed.
The Occupier, 80 Market Street, Dalton in Furness
“The property is adjacent to my property, namely 80 Market Street and 25 Garden Terrace and the existing first floor plans do not seem to be correct. The view towards my property should have 3 windows with no inset into the wall as shown at the top of the diagram and the arrangement of the rooms as shown seems to be incorrect.
On looking towards the property, from the light well adjoining my property, the rear wall is in a very bad state of repair with some of the concrete lintels above the windows severely cracked and sagging, the joists are exposed and rusty and there is a lot of damp visible due to shoddy repairs over the utility room area. I am concerned that this is not at present a safe building to modify as proposed.
As the existing bed and breakfast business is transient and the flats would have permanent residents the existing parking problem in Garden Terrace would be much exacerbated. It is very difficult for my tenant and existing residents to park as the road is extremely narrow.
In summary therefore the drawings you have provided are totally incorrect and that if allowed to proceed the parking in Garden Terrace would be significantly oversubscribed and dangerous.
Should you wish to view the property and it's dereliction from my premises please telephone my office as below and I will be quite happy to arrange this.
I may wish to exercise my option to address the planning committee meeting. Therefore could you please send further details.
Please confirm receipt of this email but please also note that I will be away from the office until the afternoon of Wednesday 14th May.”
The Occupier, 23 Garden Terrace, Dalton in Furness
‘The parking situation for residents is very congested at present with people who are not resident in the immediate area using both Garden Terrace, both sides of Hamilton Terrace and Glenfield Road to park. As it is stated that the bed & breakfast accommodation is not now fully utilised, hence the reason for the change of use then the provision of 4 permanent residences may add to the parking situation rather than have no effect as stated.’
The Occupier, 5 Hamilton Terrace, Dalton in Furness
‘The car parking situation in Hamilton Terrace and Garden Terrace is so bad that residents cannot park their own cars.
Cars park bumper to bumper to the end of the street on both sides and I know of one occasion when the ambulance was not able to turn the corner into Hamilton Terrace to attend someone who was seriously ill and the police had to be called.
A number of new separate dwellings would seriously add to this dangerous situation.’
The Occupier, 4 Hamilton Terrace, Dalton in Furness
‘There is already inadequate parking in the street and I feel that this proposed development would add to the problem. A recent accident highlighted problems with emergency vehicles being unable to enter the street resulting in several cars being damaged and paramedics having to walk to the scene of the accident.’
The Occupier, 2 Hamilton Terrace, Dalton in Furness
‘We object to the proposals sent to us recently because the parking conditions in our street (Hamilton Terrace) are already horrendous. We daily and nightly have people from nearby shops, flats, neighbouring streets e.g., station rd, and people shopping locally, parking in our already tight and congested street causing massive problems (recently proved when ambulances and fire crews couldn't in an emergency situation enter the street rapidly) and again when I needed an ambulance to enter the street for my son in an emergency had to run down the street being stretchered bleeding. We regularly have to park in Beckside Rd or anywhere else vacant causing parking problems to those local residents and also causing a great inconvenience to ourselves especially when unloading shopping etc. We strongly object to the proposals unless parking facilities are provided within this development so as not to cause any more traffic along this already busy main Dalton car parking, cul de sac.’
CONSULTATIONS:Cumbria Highways
“I can confirm that the Highway Authority has no objection to the proposed development as this is a town centre development.”
Environment Agency
“We OBJECT to the proposal on the grounds that a Flood Risk Assessment appropriate to the scale and nature of the development has not been submitted with the application.
The site is located within Flood Zone 3 as defined in Table D.1of Planning Policy Statement (PPS25) – Development and Flood Risk. With reference to the Agency’s Flood Zone Mapping the site is at high risk from fluvial flooding which shows the extent of floods with a 1% annual probability of occurrence.
Table D.1 of PPS25 (Development and Flood Risk) recommends that for applications within a high risk Flood Zone, a Flood Risk Assessment (FRA) appropriate to the scale and nature of the development, should be provided by the Applicant.
The FRA must be submitted and agreed before the application is determined. The Agency’s objection could be overcome by the applicant submitting an appropriate FRA. The FRA should be completed with reference to guidance available on www.pipernetworking.com (a guidance document has been forwarded to the Agent with a copy of this letter. In particular the FRA should ensure that evacuation procedures are in place for any occupants of the building. The FRA should also provide confirmation that flood proofing of the proposed development has been considered by the Applicant and incorporated where appropriate. Any alterations to the ground floor should take into account i.e., the use of materials designed to repel water ingress and the placing of electrical circuits well above potential flood levels.
In view of the above, the planning application needs to be tested against the following policies:
Policy Number C42 Flood Risk and Development in the Cumbria and Lake District Joint Structure Plan;
Policy Number F8 Flooding in the Barrow in Furness Local Plan.
If you intend to approve the application contrary to our objection, Paragraph 26 of PPS25 advises that you should re-consult the Agency in order to explain why and to give us the opportunity to make further representations.”
Environment Agency
“I refer to our telephone conversation earlier this afternoon regarding the above planning application. With regards to a flood risk assessment for theproposal we request the provision of the following information from the applicant:
· an acknowledgement from the applicantthat the building iswithin an area at risk from flooding;
· that consideration has been given tomeasures to reduce flood damage, for example this could include internal finishes of water resistant render,the location of electrical sockets above theflood level, confirmationof asolid groundfloor;
· thatguidance will be issued to new owners or tenantson flood risk, i.e. preparing for andstaying safe in a flood;
· details of evacuation proceduresfor occupiers of theflats/dwelling.
I would be grateful if you would re-consult us when you have obtained this information from the applicant,before the application is determined onJuly 1stso that we can consider the withdrawal ofour objection and request conditions with any approval”.
United Utilities
“I have no objection to the proposal.
A separate metered supply to each unit will be required at the applicant's expense and all internal pipework must comply with current water :- supply water fittings) regulations 1999.
Should this planning application be approved, the applicant should contact our Service Enquiries on 0845 7462200 regarding connection to the water mains/public sewers
The developer must ensure that United Utilities till have 24 hour unfettered access to the public sewer that runs along side this development. We will require an access strip of no less than 6 metres wide, measuring at least 3 metres either side of the centre line of the sewer, for maintenance or replacement. Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems.
United Utilities offers a fully supported mapping service at a modest cost for our electricity, water mains and sewerage assets. This is a service, which is constantly updated by our Map Services Team (Tel No: 0870 7510101) and I recommend that the applicant give early consideration in project design as it is better value than traditional methods of data gathering. It is, however, the applicant's responsibility to demonstrate the exact relationship on site between any assets that may cross the site and any proposed development”.
Dalton with Newton Town Council
“The Town Council would object to this development. Car parking facilities in the area of the proposed development are already at a premium. Lack of parking provision can only be expected to exacerbate the problems to residents in the town.”
Dalton Traders and Businesses
At our DT &BA meeting last night we agreed to write and object to this application as we are extremely concerned about the loss of another commercial property useage particuarly at a "key" town centre site next to the Post office.
This building was originally shops and then converted to a Guest House - B&B. for this to become residential is a step to far in the wrong direction in such a town centre position.
During a recent marketing survey for Dalton it was highlighted that there was aneed forgood quality B&B's in Dalton to help the Towns regeneration, so a loss of one of our main B&B's would have a significant negative impact.
The present windows fronting Market St are large shop size windows so to reduce these would be detrimental to the character of the town centre. We also understand that the owner in the past has not installed timber sash windows as per Conservation area standards and we would be concerned that the development would notimprove theConservation area but stick out even more like a sore thumb.