Reference number: R13/0083

Site address:113 Townsend Lane, Long Lawford, CV23 9GD

Description: Erection of 7 dwellings with associated access, parking and landscaping, alterations to 113 Townsend Lane.

Case Officer Name & Number: Karen McCulloch, 01788 533623

Description of site

This application relates to the large garden area to 113 Townsend Lane. This property is a semi-detached house with a hipped roof and is built of brown brick. There is currently a mono-pitched extension/porch to the front with a door in the front elevation.

The rear garden is large and roughly triangular in shape, this contains various outbuildings a including a garage, hay store and aviary. The garden slopes slightly down away from the house and is mostly grassed.

The boundaries are enclosed by a 1.8m timber close boarded fence. At the rear of the garden there is also a tall acoustic fence which is part of the neighbouring development.

The attached house, 111, is the same house type as 113 but handed. To the other side, 121, is also a similar style. This property has a detached flat roofed garage adjacent to the boundary.

At the rear of the site are new houses which form part of the recent Persimmon Homes development. The side elevations of these are adjacent to the boundary and contain obscure glazed side facing windows at first floor.

Opposite the site, across Townsend Lane, is an access to the playing field and play area.

Description of proposals

This application is for the erection of 7 dwellings to the rear of 113. These will be accessed between 113 and 121 and alterations are proposed to the front porch at 113 to accommodate this.

The proposals comprise six 3-bedroom houses and one 1-bedroom flat which will be above garages. During the processing of the application amendments were made to the proposed site layout and housetypes.

Plots 1-4 are proposed as 3-bedroom semi-detached houses with hipped roofs. The units facing the site entrance will have windows and doors in the side elevations.

Plots 5 & 6 will also have 3 bedrooms, however these will have pitched roofs with accommodation in the roof space, these will be served by pitched roof dormer windows in the front elevation looking into the site.

Plot 7 will be a 1 bedroom flat within the roofspace above 3 garages. This will have dormer windows to the front and rooflights to the rear.

The proposals include 2 parking spaces at the rear of 113 to serve this property. A total of 14 car parking spaces, 3 in garages, are proposed to serve the proposed dwellings.

Planning history

None

Technical consultation responses

Works Services (Refuse)No objection

Severn TrentNo objectionSubject to condition

WCC HighwaysNo objectionSubject to conditions & informatives

WCC EcologyNo objectionSubject to informatives

Environmental HealthNo objectionSubject to condition & informative

Landscape OfficerNo objection

Third party comments

Councillors Bragg and Poole

-concern that site is being over developed;

-there is a parking issue during football matches, this will affect visibility from the site;

-where will bins be stored?;

-first floor windows will lead to overlooking and loss of privacy.

Neighbours (4)Objection

-adverse impact on the character of the area;

-density is too high and is overdevelopment of the site;

-99 houses have recently been built on the adjacent land, this was green belt in 1996, these developments have affected privacy;

-access is not suitable for 7 dwellings, it is close to a bend in the road and opposite a play area;

-road is already busy, is a bus route and main route to school;

-access to neighbouring properties will become dangerous, there are bends in the road;

-proposed access is too narrow with no footpath, vehicles reversing onto Townsend Lane or queuing would cause hazards;

-cars park on the pavement;

-if there is not enough parking in the site cars will park on the pavement, only 1 space per dwelling is proposed;

-will lead to accidents;

-adverse impact on residential amenity of neighbours;

-overlooking and loss of privacy;

-loss of light to neighbouring homes and gardens;

-loss of a view will impact on health and well being;

-noise and light pollution;

-proposed access will lead to noise pollution from vehicles;

-boundary is proposed as a hedge, this will allow access to the rear of existing houses;

-not all neighbouring properties will be screened;

-loss of habitat for birds and small animals;

-loss of landscaping;

-no need for more development;

-developments will change the character of the village and will become an overspill of Rugby;

-development is “garden grabbing” neighbours garden was previously used for grazing horses and ponies and there is a bird breeding aviary;

-are there enough amenities for the additional population;

-have suffered noise and dust from the nearby development, this has affected sleep, health and well being;

-development should be monitored, the developers have removed trees and hedgerows without permission;

-rainwater runs under the proposed road to Townsend Lane;

-will prevent development of nearby properties;

-son is ill and carries out physiotherapy in privacy of garden, building work would prevent this affecting his rehabilitation and confidence;

Neighbours (1)Comment

- It would be sensible to have a footpath/cycle connection to the new housing estate to the south, this would give more direct access from the housing estate to the school.

Amended plans

Neighbours (2)Objection

-amended plans do not address objections;

-access remains single track, near a corner and opposite a play area;

-road is already busy and speed humps do not work;

-access will be danger to children, cyclists and other car users;

-impact on neighbours from light and noise pollution;

-may damage ash tree in neighbours garden;

-loss of privacy, overlooking;

-loss of light, overshadowing of homes and gardens;

-loss of visual amenity;

-not similar to surrounding development;

-lack of parking provision;

-no need for further development;

-density and layout of development;

-noise and dust during construction, will not be able to open windows;

-land is agricultural use for domestic animals and pets;

-properties will not be social housing or for young people so will not benefit the village;

-if application is approved will appeal decision;

-previous application was refused due to access;

Relevant planning policies and guidance

National Planning Policy Framework, 2012

Rugby Borough Core Strategy, 2011

CS1CompliesDevelopment Strategy

CS2CompliesParish Plans

CS10CompliesDeveloper Contributions

CS11CompliesTransport and New Development

CS16CompliesSustainable Design

Rugby Borough Local Plan, 2006 Saved Policies

GP2CompliesLandscaping

GP6CompliesSafeguarding development potential

E6CompliesBiodiversity

T5CompliesParking Facilities

LR1CompliesOpen Space Standards

H11CompliesOpen space provision in residential developments in the rural area

Sustainable Design and Construction SPD, 2012

Planning Obligations SPD, 2012, including Parking Standards

Housing Needs SPD, 2012

Assessment of proposals

The key issues to assess in relation to this application are whether the principle of the development is acceptable and whether there will be an adverse impact on residential amenity or the character of the area. An assessment of the impacts on highway safety and protected species must also be made.

Long Lawford is defined by policy CS1 as a Main Rural Settlement, this policy states that development is permitted within existing village boundaries but that local housing needs are prioritised over market housing.

Long Lawford produced a Housing Needs Survey in 2006, this identified a need for rented and shared ownership accommodation. Policy CS2 refers to Parish Plans and equivalent documents and states that these will be a material consideration in planning decisions. However, this goes on to state that these documents should be updated regularly if necessary. The Council’s Housing Needs SPD expands on this and states that Housing Needs Surveys should be reviewed at least once every 5 years.

It is therefore considered that the Long Lawford Housing Needs Survey is out of date and cannot therefore be given weight in the determination of this application. Notwithstanding this the housing need identified was met by the Back Lane north development by Bloor Homes,

It is therefore considered that the principle of erecting market dwellings on the site is acceptable in accordance with policies CS1 and CS2.

During the processing of the application an amended layout was received, this made changes to the positioning of the proposed dwellings and the proposed housetypes.

In the area of the application site Townsend Lane comprises semi-detached houses with hipped roofs fronting onto the road. This proposal would introduce a small cul-de-sac of dwellings to the rear of the existing houses. Although there are no cul-de-sacs in close proximity to the site this is not, in itself, a reason to refuse the application. It is considered that the proposed layout will result in a small grouping of dwellings which relate well to each other and form a cohesive group.

The existing dwellings on Townsend Lane are semi-detached houses with hipped roofs. The amended plans propose plots 1-4, which will be the most prominent from outside of the site, with hipped roofs and chimneys, these will reflect the character of existing dwellings in the area. Due to the positioning of the plots the side elevation of plots 1 and 3 will be prominent when entering the site. The amended plans propose these plots as dual aspect properties with the main door and windows on the side elevation, these will add interest when entering the site.

Plots 5 and 6 will have pitched roofs and will have dormer windows in the front elevation to accommodate rooms within the roof space. Plot 7 will be a flat formed in the roof space above garages and will have dormer windows to the front elevation. These dormer windows will have gabled roofs which will reflect gable features such as porches found on other dwellings in the area. The site is also seen in association with the recent development to the rear, which includes properties with pitched roofs.

The proposals also include alterations to the existing front extension of 113 Townsend Lane reducing the width by 0.6m and moving the door from the front elevation to the side elevation. It is also proposed to render this property and replace the windows. Other properties in the area are rendered and it is not considered that these alterations would have an adverse impact on the character of 113 or the surrounding area.

It is therefore considered, subject to a materials condition, that the development would not cause harm to the character or visual amenity of the area, in accordance with the relevant part of policy CS16.

The submitted layout includes details of the proposed landscaping scheme. The Council’s Landscape Officer has advised that this is suitable, which is in accordance with saved policy GP2.

Saved policy GP6 states permission will not be granted for developments which would prejudice the development potential of other land from being realised. The proposed layout would not prevent the development of adjacent land, if it were proposed in the future, and it is considered that this policy is complied with.

The impact on neighbouring properties must also be assessed and neighbours have raised objections including loss of light, overshadowing and loss of privacy.

Unit 1 will be a minimum of 10.5m from the rear garden of 111 Townsend Lane. To the front this property, at its closest point, will be 9.2m from the rear garden of 121 Townsend Lane. However, the closest window, a bathroom, is around 10.8m from the boundary and a condition can be used to ensure this is obscure glazed and top opening. The closest window to a first floor habitable room will be around 12.8m from the boundary. The impact of this of is considered acceptable in terms of overlooking and loss of light.

Unit 4 is located to the side of the adjacent property within the Persimmon Homes development, this has a side facing obscure glazed window that does not serve a habitable room. The 45 degree guideline is complied from this property and it is considered that the impact in relation in terms of light or enclosure is acceptable. Due to the angled boundary the closest rear facing first floor window of Unit 4 will be close to the boundary with the neighbouring property. To prevent a loss of privacy this is proposed as a bathroom window and a condition can be used to ensure this remains obscure glazed and top opening.

Unit 7 infringes the 45 degree guideline from the front of this property by around 1.7m, however this is at a distance of 10m and this is considered acceptable. Unit 5 will infringe the 45 degree guideline from the adjacent property in the new development by around 1.2m. This is at a distance of 12m which is considered acceptable.

The rear elevation of unit 7 will be adjacent to the boundary with the neighbouring development, however, this will not be adjacent to private amenity space and it is not considered this will have an adverse impact on residential amenity.

The side elevation of unit 6 will be over 40m from the rear elevations of properties on Townsend Lane and it is not considered that there will be a loss of light to the dwellings themselves. At its closest point the side elevation of unit 6 will be around 1m from the adjacent garden. However, given the length of the gardens it is not considered that this would impact on residential amenity to such an extent as to warren refusal of the application.

Due to the angled boundary the closest rear facing first floor window of Unit 6 will be close to the boundary with the neighbouring property. To prevent a loss of privacy this is proposed as an en-suite window and a condition can be used to ensure this remains obscure glazed and top opening. A condition can also be used to prevent rear facing dormers being added to this property

The side elevation of unit 7 will be close to the front elevation of unit 5, which also has a garage under unit 7. The layout of unit 5 has been designed so that it is the front door and hallway which will directly face the side of unit 7. The kitchen window will have views to the front of unit 7 and the impact on the amenity of this property is considered acceptable.

It is therefore considered, subject to conditions, that the impact on the residential amenity of existing and future occupiers will be acceptable in accordance with the relevant part of policy CS16.

CS16 also states that developments should use Sustainable Drainage Systems and comply with the water conservation standards contained in level 4 of the Code for Sustainable Homes. The application form specifies that surface water will drain to soakaways which is acceptable. A condition can be used to ensure that the water conservation standards are met.

Neighbours have raised objections on highway safety grounds and have commented that the proposed access is too narrow. Although the access narrows adjacent to 113 the first 14m is 5m wide, this will allow vehicles to pull off the road and prevent reversing onto the highway. The Highway Authority, Warwickshire County Council, raise no objection to the application, subject to conditions and informatives. The impact on highway safety is therefore considered acceptable in accordance with policy CS11.

The Council’s Parking Standards, contained within the Planning Obligations SPD, require 2 spaces for a 3 bedroom property in this location and 1.5 spaces for a 1 bedroom property. The proposals provide 2 parking spaces for 113 Townsend Lane and 2 spaces for each of the proposed dwellings. Cycle parking could be provided in rear gardens or garages and the parking provision is acceptable in accordance with saved policy T5.

Policy CS10 states that contributions will be required where the impacts of a development cannot be mitigated on site. Saved policy H12 states that developments of 6 or more dwellings should provide for open space in accordance with saved policy LR1. As public open space facilities cannot be provided on site a contribution will be required to be put towards open space facilities in the locality. This will be secured by a s106 legal agreement and is in accordance with these polices.

The CountyEcologist has no objection to the application, subject to informatives relating to bats, nesting birds and Great Crested Newts. The impact on protected species is considered acceptable in accordance with saved policy E6.

No objections have been received from the Council’s Works Service’s Team in relation to refuse collection and conditions and informatives have been requested by Severn Trent and Environmental Health.

Recommendation

Approval, subject to completion of a s106 legal agreement relating to contributions to open space facilities in the area.

DRAFT DECISION

APPLICATION NUMBER
R13/0083 / DATE VALID
25/01/2013
ADDRESS OF DEVELOPMENT
113 TOWNSEND LANE
LONG LAWFORD
RUGBY
CV23 9DG / APPLICANT/AGENT
Mr Robert O'callaghan
Robert O'callaghan Architects
Ivy House
Church Street
Churchover
Rugby
Warwickshire
CV23 0EW
On behalf of Mr D O'Brien, Edward Knight

APPLICATION DESCRIPTION

Erection of 7 dwellings with associated access, parking and landscaping, alterations to 113 Townsend Lane.

CONDITIONS, REASONS & RELEVANT DEVELOPMENT PLAN POLICIES

CONDITION: 1

The development to which this permission relates must not be begun later than the expiration of three years from the date of this permission.

REASON:

To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

CONDITION: 2

The development shall not be carried out other than in accordance with the 1:1250 Location Plan and No. 113 Existing & Proposed - ROC\PD\554\007 received by the Local Planning Authority on 18th January 2013 and the amended plans Proposed Site Plan - ROC\PD\554\002BG, Unit 1 & 2: Plans & Elevations - ROC\PD\554\003B, Unit 3 & 4: Plans & Elevations - ROC\PD\554\007A, Unit 5 & 6: Elevations - ROC\PD\554\005B, Unit 5 & 6; Plans - ROC\PD\554\004B and Unit 7: Plans & Elevations - ROC\PD\554\006A received by the Local Planning Authority on 21st February 2013.

REASON:

For the avoidance of doubt.