Site Address: 24 Warwick Street, Rugby, CV21 3DW
Reference number: R13/1126
Site address: 24 Warwick Street, Rugby, CV21 3DW
Description:Change of use from A2 office to provide 7 additional apartments (in addition to 1 existing apartment), removal of existing single storey rear extension and other associated works.
Case Officer Name & Number: Karen McCulloch, 01788 533623
Description of site
This application relates to Grade 2 Listed building located within the Conservation Area. The building is current used as A2 offices with a single flat at second floor and within the roof space.
The building is three storeys with additional accommodation in the roof space. The front elevation is buff brick with timber sash windows and a timber door. The side elevation, adjacent to Bloxham Place is pebbledash. The windows in the side elevation are timber casements, there is a ground floor window with horizontal emphasis and a small window at the rear of the ground floor side elevation which appear to be later additions.
The part of the building closest to Bloxham Place includes a peddledash flat roofed two storey rear projection, attached to this is a single storey timber and glass lean to. The rear elevation of the main building is brick.
There are parking spaces to the side of the building, parallel with Bloxham Place and to the front.
Internally the original staircase remains along with features such as architrave, skirting and cornicing. At first floor there are large double doors leading into a room with built in glass and timber cupboards. Elsewhere in the building there are more modern openings and partitions
There is an office building to the rear of the site which has windows facing the courtyard, the side elevation of this and the side elevation of number 23 Warwick Street fully enclose the rear courtyard.
Description of proposals
This application proposes the conversion of the building to provide 7 flats, in addition to the existing 1 flat. These will all be one bedroom flats.
The proposals involve physical works to the building to create these flats which includes the infilling of openings and the creation of new openings inside the building.
On the side elevation an existing ground floor window was to be infilled however amended plans show this being replaced with a door, a new first floor window will be formed and a modern ground floor window replaced with a window more in keeping with the building.
The door in the rear of the projection will be infilled and a modern window in the ground floor of the rear elevation replaced with a smaller window.
The timber and glass lean to attached to the rear projection will be removed.
The plans originally showed a bin store to the side of the property. Amended plans have been received which propose a bin store and cycle store in the rear courtyard.
Technical consultation responses
Environmental HealthNo objectionSubject to condition
Severn TrentNo objectionSubject to condition
WCC EcologyNo objectionSubject to informative
WCC HighwaysObjection
Amended plans
WCC HighwaysNo objectionSubject to informatives
Third party comments
Neighbours (1)Comments
-Rear door to ground floor flat will open onto WCC land, there is no right of access to allow access to this land and there may be damage to cars;
-The bin store will block views from adjacent parking spaces;
-The proposed parking spaces are on highway land;
-Insufficient parking may result in people parking on the neighbouring land;
-Doors and windows to the neighbour front onto the courtyard, there may be confidentiality issues when the windows are open;
-Construction traffic should not disrupt the registry office.
Amended Plans
Neighbours (1)Comment
-Parking spaces are proposed on highway land;
-Insufficient parking may result in people parking on the neighbouring land;
-Doors and windows to the neighbour front onto the courtyard, there may be confidentiality issues when the windows are open;
-Construction traffic should not disrupt the registry office;
-It is not clear who has ownership of the brick wall on the rear boundary.
Relevant policies and guidance
Rugby Borough Core Strategy, 2011
CS1CompliesDevelopment Strategy
CS7CompliesRetail Frontages
CS10CompliesDeveloper Contributions
CS11CompliesTransport and New Development
CS16CompliesSustainable Design
Rugby Borough Local Plan, 2006 – Saved policies
E6CompliesBiodiversity
T5CompliesParking Facilities
H11CompliesOpen space provision in residential developments in the urban area
LR1CompliesOpen space standards
Planning Obligations SPD, 2012
Sustainable Design and Construction SPD, 2012
National Planning Policy Framework, 2012
Relevant applications
R13/1257 is an application for Listed Building Consent for the proposed alterations. This is currently under consideration.
Assessment of proposals
The key issue to assess in relation to this application is whether the principle of the proposed development is acceptable. The impact on the Listed Building and Conservation Area, highway safety, neighbouring amenity and protected species must also be assessed.
The site is located within Rugby Town Centre which is identified by policy CS1 as the primary focus for services and facilities. Policy CS7 refers to changes of use within the Town Centre and states that C3 residential uses will be permitted where they would not harm the retail function or vitality and viability of the Primary Shopping Area. The site is currently occupied by A2 offices although some of these are vacant and, due to difficulties in attracting tenants, others are let for below market rents. It is not considered that the proposed conversion to flats will have an adverse impact on the Primary Shopping Area and the principle of the development is considered acceptable in accordance with policies CS1 and CS7.
In terms of the impact on the character of the Conservation Area few external changes are proposed to the building. The proposed alterations to the windows on the side elevation use windows of a similar design and appearance to those currently on the building, the addition of a door to the side is also considered acceptable. The changes will also replace a modern window with a window that reflects the original building and this will enhance the appearance of the building. The infilling of the existing door in the rear elevation will not have a significant impact on the appearance of the building. A condition can be used to ensure the materials, detailed design and reveal depths are in keeping with the existing building.
The changes to the window in the rear of the main house, removal of the lean-to and proposed bin and cycle stores will not be prominent from outside of the site.
It is therefore considered the proposals will enhance the character of the Conservation Area and visual amenity and are acceptable in accordance with the relevant part of policy CS16.
The impact of the proposals internal alterations will be considered in relation to the Listed Building application.
Policy CS16 also states that the amenity of neighbouring occupiers should be safeguarded. The proposals do not increase the size of the building so there will not be an impact in terms of loss of light or overshadowing.
The windows and doors facing the courtyard will be in the same positions as at present. There will therefore be no increased impact in terms of overlooking or loss of privacy.
The owner of the Registry Office at the rear of the site has raised concerns that they have windows directly facing the courtyard and if these windows are open the occupiers of the proposed flats may hear confidential information. These windows currently exist and the proposals will not change this relationship. If the occupiers of the neighbouring building are concerned about confidential information they could choose to close their windows. The neighbour has also expressed concern that occupiers of the flats may park on their land and that construction traffic may disrupt the registry office. However, these are essential private matters between the land owners.
The impact on neighbouring amenity is therefore considered acceptable.
Policy CS16 states sustainable drainage systems should be used where appropriate, however as the proposals relate to an existing building and the existing drainage system will be used this is not considered appropriate in this case. The water conservation standards contained within CS16 can be secured by condition.
WCC Highways originally objected to the application as the addition of a bin store to the side of the property would have encroached into the highway and caused pedestrians to have to walk in the road. The amended plans have removed this bin store and WCC Highways have no objection, subject to informatives, policy CS11 is therefore complied with. WCC questioned how the bin and cycle stores and rear courtyard would be accessed. This can be accessed through the rear lobby.
The neighbour has commented that the parking spaces to the side of the building are on highway land. This has been checked by the Highway Authority who advised they are not.
The proposal is for seven 1-bedroom flats, in this location the Council’s parking standards, contained within the Planning Obligations SPD, would require 5.25 car parking spaces. The proposals include 4 spaces on land to the side and front of the building and given the location within the Town Centre close to public car parks this level of provision is considered acceptable. The Council’s parking standards require 2 cycle spaces per flat, 1 long-stay secure undercover space and 1 short stay visitors space. The proposals include 4 long-stay spaces in cycle racks and additional secure cycle parking can be accommodated in the rear courtyard. The level of parking provision is considered acceptable in accordance with the Council’s standards and saved policy T5.
Policy CS10 states that contributions will be required where the impacts of a development cannot be mitigated on site. Saved policy H11 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 County Ecologist commented on the proposals and has no objection subject to informatives relating to bats and nesting birds. Subject to this informative the impact on protected species is considered acceptable in accordance with saved policy E6.
Severn Trent have no objection to the proposals subject to a drainage condition. Environment Health have requested a conditions requiring the submission of an air quality assessment.
Recommendation
Approval – Subject to s106
Report prepared by: Karen McCulloch, 8/10/2013
Officers Report Update
Following the Council’s resolution to grant planning permission the applicant contact the Council and advised that the payment of the s106 contribution would render the development unviable and undeliverable. (Despite the agent originally accepting the requirement).
Guidance contained within the NPPF and policy CS10 specifically state that viability will be considered in relation to planning obligations and that contributions should not be required that would prevent the delivery of the development.
Viability information was submitted and assessed by the Council’s Development Strategy team. The information showed that, without the s106 requirements, the development would result in a predicted profit of around 4.04%. This is less than the 15-20% profit that is ordinarily considered acceptable.
Consideration must also be given to the fact that offices are currently vacant despite marketing and that the development would result in repairs to a Grade 2 Listed building.
It is therefore considered, in this case, that the development is acceptable without the payment of s106 contributions and this is in accordance with policy CS10 and the NPPF.
Update prepared by: Karen McCulloch, 28/2/2014
Report Sheet