REDCAR AND CLEVELAND BOROUGH COUNCIL
PLANNING COMMITTEE (DEVELOPMENT MANAGEMENT)
COMMITTEE DATE: 16/09/2010
LIST: D
APPLICATION NUMBER: R/2010/0354/RS
Application For: CONVERSION OF DWELLING INTO PLACE OF WORSHIP WITH EXTERNAL ALTERATIONS AND ASSOCIATED CAR PARKING (RESUBMISSION)
At: NESSFIELD BUNGALOW 2B MORTON CARR LANE NUNTHORPE
PROPOSAL:
Change of use of the existing bungalow which is presently empty and boarded up into a meeting room and place of worship with a capacity at any one time of 70 people.
The proposed meeting hall would only be regularly used twice a week, an early Sunday morning service commencing at 0600 and a prayer meeting held on Monday evenings where the numbers attending by design is kept in the region of 35 which enables all to participate in the services.
There is potential for occasional use of the proposed hall for Gospel Preaching on Sunday afternoons which would involve a larger number of attendees and possible further use on a Friday evening. The applicant states these would not be frequent and possibly not at all. No amplified music will be used in the course of the services.
The proposal includes two elements to parking provision, 11 spaces including disabled provision within the rear garden area of the bungalow which can be accessed at any time other than for the early Sunday morning service and a further 6 spaces to the front and western side of the bungalow which will be available for the Sunday morning service. A canopy is included along the side boundary to reduce impact of parking outside the site boundary.
Further sound attenuation measures are proposed by the introduction of a 1.8m high close boarded acoustic fence along all boundaries including immediately behind the tree and shrub beds at the front of the property.
Additional tree planting will take place along the rear eastern boundary with all other trees that are not affected by the car park layout retained.
There are no proposals to alter the external features of the building and it will therefore retain its domestic appearance.
DEVELOPMENT PLAN:
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.
Redcar and Cleveland Local Development Framework 2007:
CS1 Securing a Better Quality of Life
CS2 Locational Strategy
CS20 Promoting Good Design
DP2 Site Selection
DP3 Sustainable Design
OTHER POLICY DOCUMENTS:
Planning Policy Statement 1: Delivering Sustainable Communities
RELEVANT HISTORY:
R/2007/0362/RS Demolish the existing bungalow and adjoining retirement home and erect a new nursing home: Refused
Appeal dismissed.
L/1995/0735/FF A similar proposal as this scheme at 117 Ormesby Bank: Refused
Appeal allowed.
R/2009/0290/FF Conversion of bungalow into place of worship including alterations Nessfield Bungalow: Refused for the following reason:-
The proposed change of use and the creation of a substantial car parking area, the size, location, usage and the hours of operation of which, would be likely to lead to unavoidable noise and disturbance from the site, having an adverse impact upon the amenity of neighbours, contrary to policies DP2 and DP3 of the Councils adopted development plan.
OTHER CONSIDERATIONS:
HIGHWAYS
No objections from a highway point of view. The Councils Design Guide requires a maximum of 13 spaces which has been achieved. Two cycle spaces will be required. Ground investigation report and soil filtration tests required prior to approving the surface water drainage proposals. Car parking spaces must be brought into use before development is first brought into use.
ENVIRONMENTAL PROTECTION
The noise report and further measures and clarification the applicant has proposed following officer discussions overcome the concerns in respect of noise attenuation. No objections to the superseded plans.
CONTAMINATED LAND
The development is within 50-100 metres of an area of Unknown Filled Ground. Advise an informative condition is attached to the application.
NORTHUMBRIAN WATER
No objections
NATURAL ENGLAND
Bat Survey
The proposal is unlikely to have an adverse effect in respect of species especially protected by law subject to:-
No development shall take place unless in accordance with the mitigation detailed within the protected species report “Bat Survey of Nessfield Bungalow, Morton Carr Lane, Middlesbrough” including, but not restricted to adherence to timing and spatial restrictions; provision of mitigation in advance; adherence to precautionary working methods.
All contractors working on site must strictly adhere to the method statement, provided by the ecological consultant in Appendix 1 of the bat survey.
All roofing materials, hanging tiles and barge boards must be removed carefully by hand.
WARD MEMBERS
No comments.
NEIGHBOUR CONSULTATION
Four letters of objection have been received from: 4 Morton Carr Lane, 7 Morton Carr Lane, Nunthorpe Parish Council, and one general letter on behalf of un-named residents.
Material Considerations:
The character of the residential area will be changed to a commercial appearance.
The car parking provision will lead to increased noise and disturbance.
The number of people coming and going cannot be controlled by planning condition particularly at a time of day when peace and quiet are required.
Acoustic fence will not stop noise in a vertical manner as noise waves can travel over structures.
Visitors will park on road.
The loss of natural drainage because of the car parking area will increase local flooding.
The conversion will be a dangerous precedent for other similar conversions.
Increased traffic will have an impact on safety.
The area is covered by a Tree Preservation Order.
It is impossible to police the use of the rear car park therefore any conditions are unenforceable.
There will be an adverse impact on the amenity of the neighbours therefore it is contrary the Councils Local Development Framework.
Non-Material Considerations
If approved the authority will be presented with regular concerns and complaints which will be a burden on the workload of departments and a cost to the tax payer.
Residents of Morton Carr Lane have to defend the area from controversial planning applications.
This group already have substantial buildings on Gypsy Lane and Ormesby Bank why do they need another.
Detrimental effect on property prices.
Do not recognise or agree with their religious beliefs.
A further 19 letters of support have been received from: 1, 8 and 9 Morton Carr Lane, 65a and 125 Guisborough Road, 50 The Crescent, 3 and 37 Grey Towers Drive, 9 and 49 Connaught Road, 60 Gunnergate Lane, 30 Gypsy Lane and Hollycroft, Gypsy Lane, 3 Hillcrest Drive, 16 Bedford Road, 20 Green Close, Nunthorpe, 18 Marlborough Road, Marton, 117 and 141a Ormesby Bank, Ormesby, whose comments can be summarised as follows:
No objections subject to conditions requiring to revert back to residential use if they decide to leave.
The area has 2 late night takeaways and a supermarket, a church will cause less disruption.
The brethren have a proven presence in the area that has not caused disturbance to the wider community.
The change of use and refurbishment would not be out of character with the area.
Consider the development will increase the value of property.
The brethren have met in a private garage to a house in Guisborough Road for the past 6 years without any issues.
The attendees would conduct themselves in a quiet and considerate manner.
No more than 6 vehicles would likely arrive for the early morning service, as this is a local facility.
It will provide a community facility.
REASONED ARGUMENT:
The principle considerations with regard to this proposal is the level of impact the use of this bungalow will cause by the use as a place of worship and whether the controls suggested are sufficient to minimise any disturbance making the scheme acceptable.
In terms of the amenity of nearby neighbours, the chief concern regarding the use of the site will be the comings and goings of the brethren particularly for the early morning service on a Sunday morning commencing at 06:00. The use of the premises at other times of the day, afternoon and evening should not be so problematic.
Noise from within the premises can be controlled through physical measures such as acoustic insulation and it is noted that this group do not use amplified music as part of their lifestyle (a condition could be attached regarding levels of noise audible at the boundary of the site.)
Members will recall that a similar planning application has been considered for this site and was refused on amenity grounds. Since that time further discussions have taken place with the applicants agents and associated consultants to establish what measures could be put in place to make the scheme acceptable.
The proposal includes a parking area in the rear garden for up to 11 cars and it is considered that the use of that area early on a Sunday morning will give rise to disturbance and therefore it is proposed to physically restrict its use for the service and utilise the canopied access alongside the building and spaces in front of the building (a maximum of 6 spaces).
The applicant states that the worshippers to this early morning service is intentionally kept to a low number (approximately 35) in order for everybody to participate in these particular services and that would always be the case. Consequently because the brethren are local to the site and based on family groups, both car sharing and walking to the site would minimise vehicle numbers and in turn the requirement for parking.
The applicant has put forward a number of measures to reduce impact to the neighbours including the erection of an acoustic fence along all boundaries including to the front which will be behind the existing tree and shrub screening. Additional tree planting along the rear side boundary with 4 Morton Carr Lane although this is seen as a more long term solution, however, if the scheme is considered acceptable, planting of a more semi-mature nature could be required.
A canopy/carport is proposed along the north-western boundary which is intended to further reduce noise from vehicles parking and their occupants alighting. These measures have been considered by the Councils Environmental Protection officers and are considered to be acceptable.
Because of the structure of this religious group, they operate in reasonably small groups and consequently there are other sites in the local area most notably at 117 Ormesby Bank, which has operated in a similar way since about 1995. That use was refused planning permission by the council but allowed on appeal. There is no record of complaint regarding the use and operation of the Ormesby site.
It is a policy of the applicants to be good neighbours and considerate to others and although this is a statement often used by applicants and not always carried out, it would appear from the Council’s experience at Ormesby Bank that this is the case.
As part of the applicants submission, details of a very similar proposal in 2000 for the conversion of a bungalow within a residential area at Chandlers Ford, has been included where the Local Planning Authority refused consent and was then subsequently granted on appeal. The Planning Committee reviewed that decision with a site visit 18 months later and concluded it was operating with no difficulties.
Although the application has indicated the possibility of a maximum of 70 persons attending services the applicant has indicated that the Sunday morning and Monday evening service is their priority and would therefore be willing to reduce the overall number to no more than 50 persons given their undertaking that these services generally would be no more than 35 persons. This would allow for rare increases in numbers by visitors who may come from other parts of the country ( eg relatives)
Consequently, given the restrictions placed on the building and use by condition and the way in which the Ormesby Bank site functions without issue it is considered that the application is acceptable.
RECOMMENDATION:
In light of this report it is recommended that planning permission be granted subject to the following conditions:-
(1) The development shall not be begun later than the expiration of THREE YEARS from the date of this permission.
REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.
(2) This permission shall enure solely for the benefit of the Nunthorpe Gospel Hall Trust and for no other organisation.
REASON: The permission is only acceptable having regard to the operational requirements of the Trust.
(3) No more than 50 persons shall be present in the building at any one time.
REASON: In the interests of the amenity of residents in the locality.
(4) Prior to first occupation of the building, parking spaces shall be provided in accordance with the scheme as shown on drawing no. 905 09 108 RevE and shall be retained for parking purposes.
REASON: To ensure that there is adequate on-site parking provision to serve the development.
(5) Before the use commences the acoustic fencing indicated on drawing no 905 09 108 RevE shall be constructed and thereafter maintained.
REASON: In the interests of the amenity of nearby residents.
(6) No sound amplification equipment shall be used which is audible beyond the site boundaries.
REASON: In the interests of the amenity of nearby residents.
(7) The premises shall not be used outside the hours of 0900hrs to 2100hrs Monday to Saturday and 0600hrs to 1700hrs on a Sunday.
REASON: In the interests of the amenity of nearby residents.
(8) Details of the surface water drainage to the proposed car park including a ground investigation report and infiltration tests shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced.
REASON: Local ground conditions indicate a potential for flooding.
(9) No development shall take place unless in accordance with the mitigation detailed within the protected species report Bat Survey of Nessfield Bungalow Morton Carr Lane Nunthorpe including, but not restricted to adherence to timing and spatial restrictions; provision of mitigation in advance; adherence to precautionary working methods.
REASON: To conserve protected species and their habitat.
(10) All contractors working on the site must strictly adhere to the method statement, provided by the ecological consultant in Appendix 1 of the bat survey.