NORTHAMPTON BOROUGH COUNCIL PLANNING COMMITTEE

Transcription

1 NORTHAMPTON BOROUGH COUNCIL PLANNING COMMITTEE Your attendance is requested at a meeting to be held at the Guildhall on Wednesday, 12 April 2006 at 6:00 pm. M McLean Chief Executive 1. APOLOGIES 2. MINUTES AGENDA 3. DEPUTATIONS / PUBLIC ADDRESSES 4. MATTERS OF URGENCY WHICH BY REASON OF SPECIAL CIRCUMSTANCES THE CHAIR IS OF THE OPINION SHOULD BE CONSIDERED LIST OF CURRENT APPEALS AND INQUIRIES Report of the Corporate Director, Customer and Service Delivery (copy herewith) D Simpson FRINGE AREA APPLICATIONS None 7. NORTHAMPTONSHIRE COUNTY COUNCIL APPLICATIONS None 8. NORTHAMPTON BOROUGH COUNCIL APPLICATIONS None 9. PRINCIPAL ITEMS None SCHEDULE OF PLANNING APPLICATIONS FOR CONSIDERATION Report of the Corporate Director, Customer Service and Delivery (copy herewith ) J.Chance ENFORCEMENT MATTERS (A) ENFORCEMENT UPDATE Report of the Corporate Director Customer Service and Delivery (copy herewith ) (B) PREVIOUSLY RATIFIED ENFORCEMENT ACTION AT EX- SERVICEMEN'S CLUB SHEEP STREET Report of the Corporate Director, Customer Service and Delivery (copy herewith) C.Robinso n x8914 C.Robinso n x8914 Ward St.Crispin

2 (C) COMPLAINTS RECEIVED REGARDING UNTIDY CONDITION OF THE BUILDING AND LAND AT 94 KINGSWAY Report of the Corporate Director, Customer Service and Delivery (copy herewith) J.Willough by x7847 Ward Kingsthorpe (D) UNAUTHORISED ERECTION OF GARAGE AT 9 MANOR ROAD KINGSTHORPE Report of the Corporate Director Customer Service and Delivery (copy herewith ) C.Robinso n x8914 Ward Kingsthorpe (E) UNAUTHORISED INSTALLATION OF UPVC WINDOWS TO THE FRONT ELEVATION OF 7 ST.GEORGES PLACE Report of the Corporate Director Customer Service and Delivery (copy herewith) J.Willough by x7847 Ward Kingsley 12. WNDC CONSULTATIONS (A) N/2006/25 CHANGE OF USE FROM RETAIL (CLASS A1) TO FINANCIAL AND PROFESSIONAL SERVICES (CLASS A2) USE AT 24 THE DRAPERY Report of the Corporate Director Customer Service and Delivery (copy herewith) R.Simpson x7848 Ward St.Crispin (B) N/2006/75 CHANGE OF USE FROM ESTATE AGENTS (CLASS A2) TO WINE, TAPAS AND COFFEE HOUSE (SUI GENERIS) AT 8-8A GEORGE ROW Report of the Corporate Director Customer Service and Delivery (copy herewith) R.Bradsha w x8344 Ward St.Crispin (C) N/2006/99 VARIATION OF CONDITION 2 OF PLANNING PERMISSION 797/84 TO EXTEND OPENING HOURS TO AT NORTHAMPTON AFRO CARIBBEAN ORGANISATION COMPLEX CLARE STREET Report of the Corporate Director Customer and Service Delivery (copy herewith) R.Bradsha w x8344 Ward St.Crispin (D) N/2006/145 DEMOLITION OF TWO HOUSES AND ERECTION OF 28 NO. FLATS ON LAND AT REGENT STREET AND ST.ANDREWS STREET Report of the Corporate Director Customer Services and Delivery (copy herewith) M.Baynha m 8655 Ward Castle

3 (E) N/2006/214 CONVERSION OF OFFICES TO 4 NO. FLATS WITH EXISTING BASEMENT OFFICE RETAINED AT HAZELWOOD ROAD Report of the Corporate Director Customer Services and Delivery (copy herewith) R.Bovey x8999 Ward St.Crispin (F) N/2006/231 VARIATION OF CONDITION 5 OF PLANNING PERMISSION 97/0111 TO ALLOW OPENING HOURS OF HOT FOOD TAKEAWAY UNTIL AT KING KEBAB, 102 WELLINGBOROUGH ROAD Report of the Corporate Director Customer \Services and Delivery (copy herewith) G.Jones x8916 Ward St.Crispin (G) N/2006/239 DEMOLITION OF WAREHOUSE AND ERECTION OF 54 FLATS WITH VEHICLE ACCESSES, PARKING AND AMENITY SPACE - RESERVED MATTERS APPLICATION PURSUANT TO OUTLINE PLANNING PERMISSION N/2003/1188 AT LAND ADJACENT TO ADNITT ROAD STIMPSON AVENUE AND LEA ROAD Report of the Corporate Director Customer Service and Delivery (copy herewith) R.Bovey x8999 Ward Abington (H) N/2006/244 ERECTION OF BUILDING FOR MOTOR VEHICLE LUBRICATION INCLUDING THE CARRYING OUT OF MOT TESTING AND SEPARATE BUILDING FOR USE CLASSES A3/A5 AT LAND AT B AND Q SITE TOWCESTER ROAD Report of the Corporate Director Customer nd Service Delivery (copy herewith) G.Jones x8916 Ward Delapre (I) N/2006/253 VARIATION OF CONDITION 2 OF PLANNING PERMISSION 99/0421 TO ALLOW OPENING HOURS OF HOT FOOD TAKEAWAY UNTIL ON SUNDAYS TO THURSDAYS AND ON FRIDAYS AND SATURDAYS AT PIZZA GO GO 108 WELLINGBOROUGH ROAD Report of the Corporate Director Customer Service and Delivery (copy herewith) G.Jones x8916 Ward St.Crispin (J) N/2006/255 CHANGE OF USE FROM RETAIL (CLASS A1) TO TAKEAWAY (CLASS A5) AND NEW SHOP FRONT WITH ROLLER SHUTTERS AND AWNING AT 97 KETTERING ROAD Report of the Corporate Dirctor Customer Service and Delivery (copy herewith) C.Meehan x7809 Ward St.Crispin

4 (K) N/2006/257 VARIATION OF CONDITION 3 OF PLANNING PERMISSION 97/0047 TO ALLOW EXTENSION OF OPENING HOURS TO MONDAY - THURSDAY, FRIDAY - SATURDAY AND SUNDAY AT 41 GOLD STREET (DELUSH) Report of the Corporate Director Customer and Service Delivery (copy herewith) C.Meehan x7809 Ward Castle 13. OTHER REPORTS (A) STREET NAMING NEW ROADS AT WOOTTON AREA C WOOTTON HOPE DRIVE ST.CRISPINS C1,G AND J BERRYWOOD ROAD AND HERMITAGE WAY Report of the Corporate Director Customer Service and Delivery (copy herewith) G.Maslin x8927 Ward NeneValley 14. LISTS OF DELEGATED APPLICATIONS Report of Cxorporate Director Customer Service and Delivery... (A) LIST OF DELEGATED APPLICATIONS APPROVED Report of Corporate Director Customer Service and Delivery (copy herewith)... (B) LIST OF DELEGATED APPLICATIONS REFUSED Report of Corporate Director Customer Service and Delivery (copy herewith) LIST OF DEFERRED APPLICATIONS Report of Director Customer Service and Delivery (copy herewith) D.Simpson x8702 D Simpson x8702 D Simpson x8702 J.Chance x8905 <TRAILER_SECTION> A4674

5 Agenda Item 5 NORTHAMPTON BOROUGH COUNCIL PLANNING COMMITTEE 12 APRIL 2006 LIST OF CURRENT APPEALS AND INQUIRIES PLANNING APPEALS N/2004/1435 Ground level raising at Plots 100/150 Swan Valley To be dealt with by Public Inquiry (APP/V2825/A/05/ ) N/2005/22 Variation of condition no.1 of planning permission N/2001/1387 to allow new hours of opening to Mondays to Thursdays, to Fridays to Saturdays, to on Sundays and to on Sundays preceding bank holidays at Edwards Bar, The Drapery To be dealt with by Written Representations (APP/V2825/A/05/ ) N/2005/156 Erection of a single 3-bed dwelling house at 5 Belvedere Close To be dealt with by Written Representations (APP/V2825/A/05/ ) N/2005/277 Erection of 20 no. 2 bedroom flats at land rear of 81 Station Road To be dealt with by Written Representations (APP/V2825/A/05/ ) N/2005/687 Single storey front extension at 1 Stanfield Road To be dealt with by Written Representations (APP/V2825/06/ ) N/2005/776 Erection of 2no. flats with associated parking - Outline Application at adjacent to 2 Alexandra Road To be dealt with by Written Representations (APP/V2825/A/05/ ) Appeal Dismissed on 13 March 2006 N/2005/932 Erection of 24no. dwellings with roads and ancillary works at Pan Freight Depot, Harlestone Road To be dealt with by Local Hearing 9APP/V2825/A/06/ ) N/2005/968 Proposed conversion of existing dwelling and office unit to form 4no. residential apartments at 98 Euston Road To be deal with by Written Representations (APP/V2825/A/05/ ) N/2005/969 Variation of condition no.6 of planning permission 86/0994 and condition no.1 of planning permission N/2000/1386 to allow the use of additional floorspace at mezzanine level for non food retail at Nene Valley Retail Park, Towcester Road To be dealt by Public Inquiry on 9 May 2006 (APP/V2825/A/05/ ) N/2005/1196 Additional parking to front of property at adjacent to 15 Partridge Close To be dealt with by Written Representations (APP/V2825/A/05/ ) N/2005/1330 Variation of condition no.4 of planning permission 99/1105 to extend opening hours 10.00hrs to 24.00hrs on Mondays to Fridays, 10.00hrs to 00.30hrs on Saturdays and 12.00hrs to 23.30hrs on Sundays at The Lord Byron, 58 Kingsley Park Terrace To be dealt with by Local Hearing (APP/V2825/A/05/ ) The Address for Planning Appeals is Mr K Pitchers, The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN. Local Government (Access to Information) Act 1985 Background Papers The Appeal Papers for the appeals listed. Author and Contact Officer Mr D Simpson, Support Services Manager Telephone Extension C:/winnit/profiles/dsimpson/personal/appealslist 03/04/06

6 Planning Transportation and Regeneration Division Cliftonville House, Bedford Road, Northampton, NN4 7NR. C:/winnit/profiles/dsimpson/personal/appealslist 03/04/06

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10 Agenda Item 10 SCHEDULE OF PLANNING APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE 12 APRIL 2006 SUMMARY SHEET Items Application No. Address Recommendation A N/2005/ St James Road APPROVAL B N/2006/22 20 Ardington Road APPROVAL C N/2006/135 88A High Street, Wootton APPROVAL D N/2006/167 Land at Cranbrook Road REFUSAL

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12 NORTHAMPTON BOROUGH COUNCIL CORPORATE DIRECTOR - CUSTOMER AND SERVICE DELIVERY PLANNING COMMITTEE 12 APRIL 2006 Application No: N/2005/1500 Location : 127/133 St James Road Proposal : Change of use and conversion from offices to 4 no. flats and first floor extension Officer : Gerri Smith Recommendation: APPROVAL subject to conditions for the following reason: The proposed development complies with Policies in the Development Plan and National Policy and would not result in undue harm to residential amenity or other issues of acknowledge importance. Site Description and History: This development was considered by Planning Committee on 18 January 2006 and deferred to allow the applicant to address issues of air quality, traffic noise and flood risk. The application site is a two storey Victorian end of terrace building comprising an existing shop on the ground floor with office above. The site has a road frontage to both St James Road and Stenson Street. St James Road is a busy highway carrying high volumes of traffic from the town centre to the west towards junction 16 of the M1 motorway. The building is of brick construction finished in cream coloured paintwork to the exterior wall. The ground floor contains a shop window to front and side elevations and a splayed entrance on the street corner. The front part of the building has a hipped roof whilst to the side elevation comprises a lower, pitch roof extension which projects from the rear of the building. There is a small car park to the rear accessed via Stenson Street from which rises an external staircase providing access to the first floor of the building. Parking restrictions exist along both sides of Stenson Street. The area contains a number of retail and commercial uses along the main road frontage, including a public house on the opposite corner of Stenson Street. To the north the area of primarily residential in character. The application seeks consent for the change of use of the first floor to provide, 4 one bed flats, flat 1 accessed from Stenson Street and the remaining flats are reached from two external staircase in the car park, one of which is existing. The scheme also includes for 3.5m long extension at first floor level to the rear part of the building and the insertion of a number of window openings. Planning Policy: Development Plan: Northampton Local Plan Policies H13, H19, H20, H26, E20, E28, E19 and E21.

13 National Plan: PPS1 Delivering Sustainable Development PPG3 Housing PPG25 Flood Risk PPG24 - Noise Representations: Environment Agency Withdrawn its previous objection and suggest conditions. County Highways No objections. NBC Environmental Health The site is located within a designated Air Quality Management Area (AQMA). The additional information supplied by the applicant regarding noise and air quality is satisfactory. NBC Policy and Conservation No objections. Appraisal: Policies H26 and E28 of the Northampton Local Plan generally supports the principle of the change of use to flats of upper floors above shops. Policy H26 requires that a number of criteria be satisfied including that the resultant development would provide a satisfactory residential environment and be acceptable in relation to traffic and parking. Due to the prevailing high levels of air pollutants in the area and the excessive noise that would result from the close proximity of traffic, this would provide an unhealthy environment for future occupiers unless suitable mitigation can be provided. Information has now been provided which satisfies the previous concerns raised by the Environmental Health Officer of air quality and ventilation issue. The proposal complies with Policy H13 of the Northampton Local Plan. The site lies within an area identified as High Risk of flooding on the Environment Agency s Flood Zone maps. In these circumstances, A Flood Risk Assessment has been submitted and the Environment Agency have confirmed that the proposal is satisfactory in accordance with advice contained on PPG25. The previous Environment Agency objection is withdrawn. Conditions: (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act (2) Full details of facilities for the secure and covered parking of bicycles shall be submitted to and approved in writing by the Local Planning Authority before the development hereby approved is commenced, provided prior to the development being first brought into use and thereafter maintained. Reason: To ensure the provision of adequate facilities. (3) Details of the provision for the storage of refuse and materials for recycling shall be submitted to and approved in writing by the Local Planning Authority, implemented prior to the occupation of bringing into use of the building and thereafter maintained.

14 Reason: To ensure the provision of adequate facilities and in the interests of amenity. (4) There shall be no sockets or other electricity distribution equipment or cables located below 60.53m AOD. All electricity and distribution points shall be located on the first floor. Reason: To ensure that flood damage to the building is minimised. (5) No development shall commence until precise details of flood proof construction, fixtures and fittings to be used in the development have been submitted to and approved in writing by the Local Planning Authority and there shall be no occupation until construction, fittings and fixtures have been carried out in accordance with the details as approved. Reason: To ensure that flood damage to the building is minimised. (6) The ground floor room shall not be used as a bedroom or a lounge. Reason: To ensure that flood damage to the building is minimised.

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16 NORTHAMPTON BOROUGH COUNCIL CORPORATE DIRECTOR - CUSTOMER AND SERVICE DELIVERY PLANNING COMMITTEE 12 APRIL 2006 Application No: N/2006/22 Location : 20 Ardington Road Proposal : Erection of detached garage to rear Officer : Geoff Wyatt Recommendation: APPROVAL subject to conditions for the following reason: The siting, size and design of the garage and its impact on residential amenity are considered acceptable and in accordance with Policies H19 and E20 of the Northampton Local Plan. Background: This application was deferred at the last Committee for a Members site visit. Site Description and History: Planning permission for a garage very similar to the proposed garage was approved under delegated powers at No. 22 Ardington Road in February 2005 (ref: N/2004/1780). Planning permission for a garage with a maximum height of 5 metres was refused at No.10 Ardington Road in October 1999 (ref 99/933) for the following reason: By reason of its height, size and siting the proposed garage would appear as a dominant and obtrusive feature out of character with the area and be detrimental to the visual amenities enjoyed by the occupiers of adjoining and nearby residential properties contrary to Policies GEN4 of the Northamptonshire County Structure Plan and Policy E20 of the Northampton Local Plan. A garage with a height of less than four metres was subsequently erected under permitted development at No. 10 Ardington Road. Planning Permission for a garage with a height of 5 metres was approved at no. 24 Ardington Road in January 2005 (Ref N/2004/1082) Planning Policy: Northampton Local Plan Policies H19 and E20. Representations: The Council has received letters from Nos. 2A, 4, 6, 10, 12, 14, 16 and 18 Ardington Road and 356 and 358 Wellingborough Road objecting on the following grounds:- i) would be visually intrusive ii) would be too large and too high iii) would be detrimental to neighbouring properties iv) could be used for commercial purposes v) could result in blocking of rear access way.

17 Councillor Irene Markham is supporting the residents objection to the garage and requests a committee site visit. Appraisal: It is proposed to erect a garage in the rear garden accessed via a private service road. The garage is to be 11.2 metres long, 7.2 metres wide with a maximum height of 5.7 metres, and be very similar to the garage recently approved and constructed at the adjoining property No.22. It is to be constructed of brick with a tiled roof. Although the Council has received a number of objections to the proposal, it is considered acceptable due to its similarity and relationship with the recently constructed garage at the adjoining property No.22 Ardington Road. The proposed garage is relatively large but will compliment the adjoining new garage which it mirrors in design and size. Furthermore the rear gardens of the properties in this part of Ardington Road are approximately 30 metres long, therefore there would still be a separation between the existing dwellinghouse and proposed garage of almost 20 metres. This would result in a development of sufficient distance from the houses in Ardington Road not to appear as an intrusive feature. Any commercial use of the garage would require further planning approval. Condition: (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act (2) Details and/or samples of all proposed external facing materials shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings. (3) The garage shall be used only for purposes incidental to and in connection with the use of the site as a dwellinghouse and no trade or business shall be carried out therefrom. Reason: To protect the residential amenities of nearby properties. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no (additional) window(s) shall be installed in the northern side elevation(s) of the proposed extension without the prior written consent of the Local Planning Authority. Reason: To safeguard the privacy of adjoining properties. (5) The windows in the rear elevation of the roof shall be glazed with obscured glass before the development hereby permitted is first occupied and thereafter retained in that form at all times. Reason: To safeguard the privacy of the adjoining property(ies).

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19 NORTHAMPTON BOROUGH COUNCIL CORPORATE DIRECTOR CUSTOMER AND SERVICE DELIVERY PLANNING COMMITTEE - 12 APRIL 2006 Application No: N/2006/0135 Location: 88A High Street, Wootton Proposal: Demolition of existing detached house and erection of three houses and access (as amended by revised plans received on 20th March 2006) Officer : Rowena Simpson Recommendation: APPROVAL subject to conditions and for the following reason: The siting, size and design of the proposed dwellings and their impact on residential amenity are considered acceptable in accordance with Policies E20, E22, H6, H10, H12, H15 and T17 of the Northampton Local Plan and the aims and objectives of national guidance as set out in PPG3. Site Description and History: The application site is situated to the rear of properties in High Street, Wootton, the result of land being sub-divided and built on during the 1960's 's. Access to the site is from a long driveway leading from High Street. The driveway also serves 88 & 88b High Street, two storey dwellings which are situated South West of the application site. The site consists of a chalet style bungalow with a triple garage situated on a plot measuring approximately 55m x 42m. To the south of the site in High View are established bungalows. North and east of the site in Volunteer Close are modern two storey dwellings built on the former "Simpson Barracks". The site is allocated as residential in The Northampton Local Plan. Planning Policy: Development Plan: Northamptonshire County Structure Plan - GS1, GS2, H1, H2, H6, H7 Northampton Local Plan - E20, E22, H6, H10, H12, H15, T17 Other Guidance/Policy: PPG3 - Housing SPG: Parking Consultations: County Highways: made comments regarding width of new access onto Volunteer Close and turning space within the site. ( Amended plans have been received to comply with these comments.)

20 Note that the new vehicular crossover will need to be constructed in the 1.0m strip which is within the adoptable highway. However because the road is still the responsibility of the developer will need to secure permission from Jelson Ltd. Wootton Parish Council: ask that trees and boundary hedgerow are protected. Representations: Letters of objection have been received from Nos. 6,8,10,12,14,16 & 20 Volunteer Close raising the following concerns: - Volunteer Close is too narrow to allow access to extra houses. - Additional traffic, especially construction traffic, will be hazardous to children playing and create parking problems. - Entrance to site from Volunteer Close is partially concealed by a large tree creating a driving hazard. - Concerned about heavy vehicular traffic -safety and possible damage to unadopted road. - Consider proposed buildings will change character of the estate. - Concerned about loss of trees and hedgerow and effect on wildlife and character of the area. - State that current inadequate drainage and sewerage system cannot support additional development. - Do not want demolition and building noise, disturbance and debris. - Question the need for additional access onto Volunteer Close. Consider High Street access should be widened. - Concerned about loss of privacy and outlook. - Consider height of buildings will change appearance and character of the estate and block out morning sunlight. - Consider turning circle for plot 2 is inadequate. - one resident expressed concern over lack of consultation. Letters received from 4 & 5 High View expressed concern about: - overshadowing - overlooking and loss of privacy - increase in noise - disturbance from building work. 6 & 7 High View request that boundary hedge is left in place. Appraisal: The proposal is to demolish the existing dwelling that occupies the site and build three new houses at a density of 8.8 dwellings to the hectare. Access to plot 1 will be from the existing High Street access. Access to plots 2 and 3 will be from a new access onto Volunteer Close. The residential character of the area is mixed. The dwellings fronting onto High Street are generally substantial houses set in spacious grounds. The dwellings in High View to the south of the site are more modest but with long rear gardens. The recent development to the north is of a much higher density.

21 PPG3 and structure plan policy H6 encourages development of at least 35 dwellings per hectare however it is considered that in this instance high density development would be inappropriate and detrimental to the character of the area. The design of the proposed dwellings are acceptable and minimise overlooking of neighbouring property. The distances between existing and proposed dwellings comply with the spatial requirements in accordance with policy H12 of the local plan. All properties have double garages and off street parking which is considered acceptable considering the location and nature of development. Amended plans comply with highway comments regarding turning space and width of access onto Volunteer Close. Conditions: (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act (2) Details and/or samples of all proposed external facing materials shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings. (3) Full details of the method of the treatment of the external boundaries of the site together with individual plot boundaries shall be submitted to and approved in writing by the Local Planning Authority, implemented prior to the occupation of the buildings hereby permitted and retained thereafter. Reason: To ensure that the boundaries of the site are properly treated so as to secure a satisfactory standard of development. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no additional windows shall be installed in the side and rear elevations of the proposed development without the prior written consent of the Local Planning Authority. Reason: To safeguard the privacy of adjoining properties. (5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or other form of enlargement to the residential development hereby permitted, nor erection of porches, outbuildings, hardstandings, storage tanks, gates, fences, walls or other means of enclosure, shall take place without the prior written consent of the Local Planning Authority. Reason: To prevent overdevelopment of the site, visual amenity.

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23 NORTHAMPTON BOROUGH COUNCIL CORPORATE DIRECTOR - CUSTOMER AND SERVICE DELIVERY PLANNING COMMITTEE 12 APRIL 2006 Application No: Location: Proposal: Officer : N/2006/167 Land at Cranbrook Road Erection of four apartments with parking and cycle stores. Gareth Jones Recommendation: REFUSAL for the following reasons: (1) The proposed building, by reason of its mass, design and siting, would result in an over-dominant form of the development creating a sense of enclosure and level of over looking that would be detrimental to the privacy, outlook, light and general amenity of nearby residents contrary to Policies E20, H6, H15, H19 and B18 of the Northampton Local Plan. (2) The proposed development, by reason of its internal arrangement and the proximity of the windows of the ground floor bedrooms to the rear boundary, would afford inadequate outlook from these habitable rooms and consequently would fail to secure a satisfactory standard of accommodation for future occupiers contrary to Policies H6 and H15 of the Northampton Local Plan. Site Description and History: The application site is comprised of a single storey commercial building adjoined by a small hardstanding / parking area. It is located within a Primarily Residential Area in the Local Plan. Planning Policy: Development Plan Northamptonshire County Structure Plan GS2, GS5, H6, H7, T3 and T10 Northampton Local Plan E20, H6, H11, H12, H15, H19, B18, T10 and T17 Other PPS 1, PPG3 & PPG13 Consultations: NBC Environmental Health Manager requests the imposition of a condition in respect of potential contamination / remediation in the event that planning permission is granted. County Highways require the provision of a vision splay to the boundary wall of 2 Stanhope Road.

24 4 Stanhope Road objects to the proposal and makes the following material planning comments: will the existing building be demolished and if so how can this be done safely given it adjoins the garden of no 4; demolition would cause noise / disturbance; how can the development be built without access to / disturbance to our garden; the building would block light to our garden; as the site is some 6 feet higher than our garden are any barriers proposed to stop vehicles in the proposed car park from falling into the garden; and proposed windows would overlook our garden and look into our kitchen and affecting privacy and quality of life. 6 Stanhope Road objects on grounds relating to loss of privacy to the garden and loss of light. Appraisal: The proposed development would involve: Demolition of the existing building; Erection of a two storey block of 4 flats at a density of 120 per ha; and A parking area for 4 cars. The applicant sought officers opinion at pre-application stage on a scheme for the residential redevelopment of this site. The pre-application scheme was for a threestorey building comprising 6 flats. In response to this scheme officers: Expressed concern over the scale of development proposed advising that it would be likely to be out of keeping with the locality and also indicated that it would benefit from a reduction in scale and use of gables rather than hips to the roof; Advised that the proposal appeared to allow adequate separation between the windows of proposed habitable rooms and the windows of surrounding dwellings, but given its scale and proximity to the gardens of neighbouring dwellings were concerned that the scheme would result in an over-dominant form of the development creating a sense of enclosure detrimental to outlook and light for nearby properties. This effect would be emphasised by the fact that the ground level of the site is some 1.5m higher than the rear gardens of the neighbouring houses to the east; and Expressed concern regarding the size, position and outlook from bedroom windows of the proposed flats particularly those at ground floor. In response to the pre-application advice the applicant has amended the scheme by amongst other things reducing the scale of development (i.e. removing a storey / 2 flats) and altering the roof form to incorporate gables. These revisions have improved the scheme particularly in respect integrating it in to the streetscene of Cranbrook Road. However, several key issues remain. The footprint of the building is largely unaltered. Part of the proposed rear elevation a buts the side garden boundary of 4 Stanhope Road. Although the proposed building has been reduced in height and notwithstanding that there is already a single storey building in situ officers continue to feel that proposed building would result in an overdominant form of the development creating a sense of enclosure detrimental to outlook and light for nearby properties as reflected in the concerns expressed in letters received by the occupiers of the two nearest houses (nos 4 and 6).

25 These neighbours also express concern about loss of privacy. Although not a point raised directly by officers when providing feedback at the pre-application stage due to the separation distances between the proposed building and neighbouring houses, following further scrutiny and with reference to the representations received officers felt that the development would result in overlooking of the rear gardens of neighbouring dwellings such as to cause unacceptable harm to the privacy and amenity of occupiers of these properties. Officers concerns regarding the quality of outlook offered to future occupiers remain due to the size / position of bedroom windows especially at ground floor where windows would be in close proximity to the eastern boundary / enclosure. Officers feel that the principle of redeveloping the site for residential purposes is acceptable and acknowledge that the existing building is of poor design / low visual amenity and that a future commercial use of it might cause some harm to the amenities of the area. However, these matters are not sufficient to out balance the objections set out above. The proposal therefore represents overdevelopment harmful to the residential amenity of occupants of nearby existing dwellings and would fail to provide an adequate standard of accommodation for occupiers of the proposed dwellings.

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27 NORTHAMPTON BOROUGH COUNCIL PLANNING COMMITTEE 12 April 2006 Agenda No. Committee Update of Enforcement Matters Address Type of Notice Breach of Control Status 264 Billing Road East Section 215 Untidy Condition of Land Monitoring by Planning Division 14 Peverels way Section 215 Untidy Condition of Land Monitoring by Planning Division Units 7 & 8 Breach of Condition Unauthorized use of Mezzanine Case with Legal Services following High Court Nene Valley Retail Park Enforcement Notice Floor Challenge and further planning appeal Flat 1, 8 Kingsley Road Enforcement Notice Unauthorised erection of Full Complaince Satellite Dish 72 Hinton Road Section 215 Untidy Condition of Land Full Compliance Unit 1 St. Peters Walk Listed Building Unauthorised Works to Full Compliance Enforcement Notice Listed Building 40 Kingsley Park Terrace Enforcement Notice Unauthorised Shop Front Planning Application Approved retrospectively Page 1 Agenda Item 11a

28 Address Type of Notice Breach of Control Status 597 Obelisk Rise Enforcement Notice Unauthorised Boundary Fence Notice Upheld at Appeal Full Compliance 2 Clare Street Enforcement Notice Unauthorised Change of Use Use Ceased Somali Community Centre Full Compliance 25A Earl Street Breach of Condition Breach of Condition number Full Compliance 4 of N/2003/74 relating to window and door details 26 Honeysuckle Way Enforcement Notice Erection of Horse shelter Bridge Removed and Bridge Full Compliance 26 East Park Parade Enforcement Notice Unauthorised UPVC Door Door changed Full Compliance Ex Servicemen s Club Enforcement Notice Various breaches in respect of Compliance Team Sheep Street New car park Negotiating Compliance Page 2

29 Address Type of Notice Breach of Control Status 98 Louise Road Enforcement Notice Unauthorised Change of Use Use Ceased to Somali Community Centre Full Compliance 39 Beech Avenue Enforcement Notice Unauthorised Dormer Roof Notice Upheld Extension Compliance Period expires 16 March 2006 Officers negotiating Complaince 42 Rookery Lane Enforcement Notice Unauthorised erection Fence Removed of fence Full Compliance 45 Bowden Road Section 215 Untidy Condition of Land Remedial action by Council Full Compliance 38 Main Road, Duston Breach of Condition Hours of Operation Full Compliance 1 Tideswell Close Enforcement Notice Unauthorised Change of Use Use Ceased to Beauty Parlour Full Compliance 36 Abington Street Enforcement Notices & Unauthorised Shop Front Officers negotiating compliance Breach of Conditions & non compliance with conditions 77 Cloutsham Street Enforcement Notice Unauthorised H.I.M.O Use ceased - Full Compliance Page 3

30 Address Type of Notice Breach of Control Status 83 Kettering Road Enforcement Notice Unauthorised works to Planning Permission granted shop front retrospectively 98A Louise Road Enforcement Notice Unauthorised Change of Use to Use Ceased Full Compliance Somali Community Centre Land West of Welford Road Temporary Stop Notice Unauthorised Engineering Compliance Team monitoring. & Enforcement Notice works Full compliance to date GF 83 St. Giles Street Listed Building Unauthorised Satellite Dish Removed Full Compliance Enforcement Notice 1F 83 St. Giles Street Listed Building Unauthorised Satellite Dish Removed Full Compliance Enforcement Notice Author and Contact Officer Local Government (Access to Information) Act 1985 Carol Robinson Background Papers Senior Planning Investigation and Compliance Officer The respective committee minutes, notices and appeal papers (as appropriate) Pl Cttee Update 12 April 2006.doc Page 4

31 Agenda Item 11b Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Carol Robinson Senior Planning Investigation and Compliance Officer Tel: Previously Ratified Enforcement Action At Ex Service Working Mens Club Sheep Street Recommendation That Committee note the contents of the report and resolve to take no further action.

32 1. Introduction 1.1. On 10 November and 8 December 2004 Committee considered reports relating to several breaches of planning control at the Club and resolved to take formal enforcement action to remedy the breaches The breaches at the time were a) The alteration of the pavement radius at the Sheep Street entrance b) The provision and marking out of disabled parking spaces c) Implementation of a planting scheme d) Daytime use by persons not using the Club e) Vehicular access and gates onto Lady s Lane 1.3. Works have been carried out on the site and points a to c above have been resolved The matter of the daytime use of car park spaces by persons not using the club has not been resolved but investigations show that all persons using the car park are in fact club members. Whilst this is not strictly patron parking the Planning Inspector who granted the consent did not impose a condition restricting it to persons using the club at the time Finally, the matter of the installation of gates and a vehicular access and egress to Lady s Lane remains unresolved. Due to the fact that the Club is a Listed Building planning permission would have been required to carry out works to the curtilage wall. However, it has now been insitu for over 2 years without incident and neither Highway Engineers nor Conservation Officers have adverse comments when consulted. 2. Human Rights Implications 2.1. The Human Rights Act 1998, introduces a number of rights contained in the European Convention on Human Rights. Public bodies such as the Council have to ensure that the rights contained in the Convention are complied with. However, many of the rights are not absolute and can be interfered with if sanctioned by law and the action taken must be proportionate to the intended objective. In this particular case Officers views are that seeking to take action in respect of a perceived loss of amenity to nearby residents and the locality is compliant with the Human Rights Act 1998 because the harm to the wider community clearly outweighs the harm (in human rights terms) to the individual property owner. 3. Resource Implications 3.1. Costs will be met from within the existing budget.

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35 Agenda Item 11c Planning Committee Item No 12 April 2006 Report of Corporate Director Customer and Service Delivery Author/Contact Officer: Mr James Willoughby Planning Investigation and Compliance Officer Tel: Complaints received regarding the untidy condition of the building and land at 94 Kingsway Recommendation That a Notice be issued pursuant to Section 215 of the town and Country Planning Act 1990, (as amended), requiring steps to be taken to remedy the condition of the land and building with a compliance period of 28 days.

36 1. Introduction 1.1. The Council have been in receipt of several complaints regarding the condition of the land and building at 94 Kingsway, Northampton. The building is a former electricity substation with planning permission for both conversion to a dwellinghouse and demolition and erection of a single dwelling A Council Planning Investigation and Compliance Officer visited the site and photographs were taken of the building and its curtilage Despite numerous correspondence and discussions with the owner and their agent requesting that the site be cleared, little remedial works has been carried out and the building in particular has deteriorated. Currently the doors are vandalised allowing access freely into the building The condition of the land and building is considered to be detrimental to the visual amenity of nearby residents and the street scene. 2. Human Rights Implications 2.1 The Human Rights Act 1998, introduces a number of rights contained in the European Convention of Human Rights. Public bodies such as the Council have to ensure that the rights contained in the Convention are complied with. However, many of the rights are not absolute and can be interfered with if sanctioned by law and the action taken must be proportionate to the intended objective. In this particular case officers views are that seeking to take action in respect of a perceived loss of amenity to nearby residents is compliant with the Human Rights Act 1998 because the harm to the wider community clearly outweighs the harm (in human rights terms) to the owner. 3. Resource Implications 3.1. Costs will be met from within the existing budget.

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38 Agenda Item 11d Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Carol Robinson Senior Planning Investigation and Compliance Officer Tel: Unauthorised erection of garage At 9 Manor Road Kingsthorpe Recommendation That the Solicitor to the Council be authorised to issue an Enforcement Notice requiring the garage to be built fully in accordance with planning permission N/2004/405 with a compliance period of 3 months.

39 1. Introduction 1.1. Planning permission number N/2004/405 was granted for a rear extension to the existing garage together with a new pitched roof on 21 May The case officer visited the site in December 2005 and noted that the garage appeared to be excessively high and not in accordance with the approved drawings Whilst it is difficult to ascertain the exact height of the garage without the aid of climbing equipment, it appears to be in excess of 6 metres in height as opposed to the 5 metres approved In addition to the height of the garage, it has not been constructed with a symmetrical roof pitch, has the addition of a roof light in the front elevation of the roof, and the door and window details do not accord with the approved drawings The property lies within the Kingsthorpe Conservation Area and is considered to be visually intrusive in the street scene contrary to Policy AR6 of the Northamptonshire County Structure Plan and Policies E20 and E26 of the Northampton Local Plan. 2. Human Rights Implications 2.1. The Human Rights Act 1998, introduces a number of rights contained in the European Convention on Human Rights. Public bodies such as the Council have to ensure that the rights contained in the Convention are complied with. However, many of the rights are not absolute and can be interfered with if sanctioned by law and the action taken must be proportionate to the intended objective. In this particular case Officers views are that seeking to take action in respect of a perceived loss of amenity to nearby residents and the locality is compliant with the Human Rights Act 1998 because the harm to the wider community clearly outweighs the harm (in human rights terms) to the individual property owner. ` 3. Resource Implications 3.1. Costs will be met from within the existing budget.

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42 Agenda Item 11e Planning Committee Item No 12 April 2006 Report of Corporate Director Customer and Service Delivery Author/Contact Officer: Mr James Willoughby Planning Investigation and Compliance Officer Tel: Unauthorised installation of UPVC windows to the front elevation of 7 St Georges Place Recommendation That the Solicitor to the Council be authorised to issue an Enforcement Notice requiring the removal of the UPVC windows and reinstatement of wooden sash windows of the same type, style and design as the original windows removed within 2 months of the Notice becoming effective.

43 1. Introduction 1.1. On 18 February 2004 the Council were in receipt of a compliant regarding the installation of UPVC windows to the front elevation of 7 St Georges Place which lies within the Barrack Road Conservation Area. An article 4 Direction is in effect on this terrace which requires that planning permission is sought for such works On 19 February 2004 a letter was sent to the owner making them aware of the unauthorised installation of UPVC windows and advising that an application to retain them would not be considered favourably To date no works have been undertaken by the owner to remedy the breach of planning control and he has since advised the Council that he has no intention of replacing the windows and is in the process of selling the property It is considered that the windows are unlikely to receive planning permission as they adversely affect the appearance of St Georges Place, are visually obtrusive, out of character with the surrounding street scene and to the detriment of the general amenity contrary to Policy AR6 of the Northamptonshire County Structure Plan and Policies E20 and E26 of the Northampton Local Plan. 2. Human Rights Implications 2.1 The Human Rights Act 1998, introduces a number of rights contained in the European Convention of Human Rights. Public bodies such as the Council have to ensure that the rights contained in the Convention are complied with. However, many of the rights are not absolute and can be interfered with if sanctioned by law and the action taken must be proportionate to the intended objective. In this particular case officers views are that seeking to take action in respect of a perceived loss of amenity to nearby residents is compliant with the Human Rights Act 1998 because the harm to the wider community clearly outweighs the harm (in human rights terms) to the owner. 3. Resource Implications 3.1. Costs will be met from within the existing budget. 4. Background Papers 4.1 E/2005/120.

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45 Agenda Item 12a Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Rowena Simpson Planning Officer Planning Application: N/2006/0025 Change of use from retail (Class A1) to financial and professional service (Class A2) 24 Drapery Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE OBJECTIONS for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

46 1. Background: 1.1. The property is currently an empty retail premises (last used as a travel agents) situated within All Saints conservation area and allocated as Town Centre Secondary Shopping Frontage within Northampton Local Plan. 2. History: /79: New shop front 807/82: Repair of wall 86/597: change of use of rear part of ground floor & upper floors to coffee shop- Approved 92/54: change of use to ground floor sandwich bar ancillary hot food/1 st floor tea rooms with hot food Approved 92/369 change of use retail to A3 - Approved 3. Planning Policies: Development Plan 3.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan Relevant Policies from the Northamptonshire County Structure Plan are: TCR Relevant Policies from the Northampton Local Plan are: R5 & R7 National Policies 3.4. Planning Policy Guidance (PPG) 6 4. Appraisal: 4.1. Policy R7 of the Local Plan states that planning permission for change of use from a shop within secondary shopping streets will only be granted where the proposal will not result in the total length of shopping declining significantly below 60% or reduce still further the proportion of retail frontage where this is already below 60% The retail frontage of this section of the Drapery is only 40% therefore to reduce this still further would be contrary to policy.

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48 Agenda Item 12b Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Mr Rhys Bradshaw Planning Officer Planning Application: N/2006/75 Change of use from estate agents (Class A2) to wine, tapas and coffee house (Sui Generis) 8-8A George Row Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS subject to written confirmation that no cooking will take place on the premises. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

49 1. Background: 1.1. The site is located within a terrace of commercial uses on the southern side of George Row. The premises are currently in use as an estate agents (Class A2) The application site is a Grade II* listed building. This application is for a change of use only with any future internal alterations subject to Listed Building Consent. 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan Relevant Policies from the Northamptonshire County Structure Plan are: TCR1, TCR Relevant Policies from the Northampton Local Plan are: R5 National Policies 2.4. Planning Policy Statement 6 Planning for Town Centres 3. Appraisal: 3.1 The location of the proposed use is considered acceptable given that it does not lie within either a Primary or Secondary Shopping Frontage as identified on the Central Area Inset Map. It is considered that the proposed use will add to the vitality of the town centre As a result of the mix of A3 and A4 uses, the proposed use of this site is considered to be Sui Generis. Although the applicant does not propose adequate ventilation for the dispersal of cooking smells, this process is due to be carried out off site. Given that the proposed use is Sui Generis, any future change to A3 or A4 will require planning permission and therefore the submission of a suitable scheme for ventilation.

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52 Agenda Item 12c Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Mr Rhys Bradshaw Planning Officer Planning Application: N/2006/99 Variation of condition 2 of planning permission 797/84 to extend opening hours to 01:00 Northampton Afro Caribbean Organisation Complex, Clare Street, Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE OBJECTIONS for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

53 1. Background: 1.1. The application site is the Northampton Afro Caribbean Organisation Complex on the southern side of Clare Street, which is located in a Primarily Residential Area as identified on the Local Plan Proposals Map. The site is surrounded by residential properties with Clare Street to the north and west, Grove Road to the east and Somerset Street to the south Planning permission (797/84) was granted for change of use from a school to community centre and internal alterations The applicant is seeking permission to extend opening hours to Planning permission 797/84 restricted the opening hours to to Planning Policies: 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan Northampton Local Plan: E21 and H19 3. Appraisal: 3.1. Given the location of the application site in a primarily residential area and bounded on all sides by residential properties, there are concerns that an extension to opening hours could have an adverse impact on the occupiers of these properties due to additional noise and disturbance. The original condition was imposed to limit disturbance to the surrounding properties.

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56 Agenda Item 12d Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Miss Mary Baynham Planning Officer Planning Application N/2006/0145 Demolition of two houses and erection of 28 no. flats Land at Regent Street and St. Andrews Street Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS to the application for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

57 1. Background: 1.1. Vacant site at junction of St Andrews Street and Regent Street The 28 flats are to be provided in a 6 storey block, as 17 x 1-bed and 11 x 2- bed flats The proposal is essentially a resubmission of the development approved under N2004/1120. However there are revisions to the design to comply with the requirements of the Housing Association that have bought the site. 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan Relevant Policies from the Northamptonshire County Structure Plan are: GS1, GS2, GS5, H Relevant Policies from the Northampton Local Plan are: E20, H7, H12, H15, H20. National Policies 2.4. Planning Policy Guidance (PPG)3 (Housing); 24 (Noise) Planning Policy Statement (PPS)1 (Delivering Sustainable Development) Other Material Considerations 2.5. Supplementary Planning Guidance `Planning Out Crime ; Car Parking 3. Appraisal: 3.1 The site has no designation in the Northampton Local Plan. However, given its central location and the approval of a number of residential schemes nearby, the principle of residential development is considered acceptable. At least one other scheme has been approved nearby since the approval of N2004/ Although the building is high (17m), the massing of the building has not changed from that originally approved under N2004/ The distance between the development s Regent Street elevation and a principal elevation of the flats opposite is far shorter than the usual requirement between elevations. However, this site is in a town centre location, where the distance between elevations is usually more minimal. 3.4 Due to the site and location it would be appropriate to impose conditions relating to site contamination and mitigation for traffic noise (as previously imposed).

58 3.5 The original scheme was revised to take into account community safety issues. However, as the owners are a Housing Association it is likely that they will be seeking a Secure By Design award. 3.6 The original design was innovative and to be welcomed in this location. It is unfortunate that some of the design features have been watered down to secure a more practical and economic design from the point of view of the Housing Association.

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60 Agenda Item 12e ` Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Mrs Rita Bovey Principal Planning Officer Planning Application N/2006/214 Conversion of offices to 14 no. flats with existing basement office retained Hazelwood Road Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS to the application for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

61 1. Background: 1.1. The application site is located on the eastern side of Hazelwood Road in the town centre. It consists of three three-storey terraced properties previously used as offices. There is a car park at the rear with access through an archway under no.30 Hazelwood Road. There is a two-storey flat roof extension which was constructed in the 1970s at the rear The application site has an area of hectare and is adjoined by residential property to the north and other offices to the south. Adjoining the site to the east is the existing BT telephone exchange Planning application N/2004/1375 for the conversion and extensions of the building to form 10 no. flats with basement and ground floor to be used as offices was approved by the Planning Committee on 8 December The permission has not been implemented The current proposal seeks permission for the conversion of the building into 14 flats (5 one-bed and 9 two-bed) with the basement to be used as offices. A total of 5 parking spaces will be provided (including one disabled space). Two of the flats will be constructed to the Council s mobility standards. The density of the development is approximately 205 units per hectare. 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning and Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan. 2.2 Relevant Policies from the Northampton Local Plan are E20, E21, H7, H13, H15, H17 and H20. National Policies 2.3. Planning Policy Guidance (PPG) Note 3 (Housing). Planning Policy Statement (PPS) 1 (Delivering Sustainable Development). Other Material Considerations 2.4. Supplementary Planning Guidance - Planning Out Crime and Parking. 3. Appraisal: 3.1 The principle of converting the building mixed residential and offices use has already been established by the previous planning application. 3.2 The previous scheme includes 7 on-site parking spaces and some of the flats have 3 bedrooms. The current proposal only provides 5 parking spaces and the size of the flats will be scaled down. However, it is considered that the proposed layout is acceptable. 3.3 The proposal includes alterations to the front elevation of the building which would improve the general appearance of the property.

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63 Agenda Item 12f Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Gareth Jones Principal Planning Officer Tel: Planning Application N/2006/231 Variation of condition 5 of planning permission 97/0111 to allow opening hours of hot food takeaway until 02:00 King Kebab, 102 Wellingborough Road Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS subject to a condition allowing the use for a temporary period of 1 year to allow the impact of the extended opening hours to be fully assessed in the interests of residential and general amenity. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

64 1. Background: 1.1. The application is to vary condition 5 of planning permission 97/0111 granted in April 1997 for change of use of 102 Wellingborough Road from a Class A1 shop to Class A3 food and drink. Condition 5 required the premises to close at 2200 hours Condition 5 was varied by planning permission 98/0124 in April 1998 and now reads: The premises shall not be open for business between midnight and 0800 hours. 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan. Relevant Local Plan Policies are H20 and R5. Other Material Policy 2.3. Supplementary Planning Guidance `Planning Out Crime is relevant. 3. Appraisal: 3.1 A similar application (N/2006/254) has been received for 108 Wellingborough Road. In respect of that application the Council s Environmental Health Manager and Northants Police raised no objection to the revised hours of opening. 3.2 Although the premises are located within the Town Centre as identified in the Retail chapter of the Local Plan and this part Wellingborough Road is busy and lively in the late night / early morning, there are a number of residential properties within the vicinity of the site. Bearing in mind the hours proposed, the proximity of residential property and the advice of the Environmental Health Manager it is not considered that refusal of the application would be justified. There is, however, sufficient doubt to warrant a condition limiting the proposed additional hours to allow the matter to be reviewed in the interests of residential and general amenity. Officers therefore recommend that the Council requests that should WNDC be minded to approve the application the permission should be limited to a period of one year.

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66 Agenda Item 12g Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Mrs Rita Bovey Principal Planning Officer Tel: Planning Application N/2006/239 Demolition of warehouse and erection of 54 flats with vehicle accesses, parking and amenity space reserved matters application pursuant to Outline Planning Permission N/2003/1188 Land adjacent to Adnitt Road, Stimpson Avenue and Lea Road Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application for the reasons set out in the report. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS to the planning application for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

67 1. Background: 1.1. The application site has frontages on Stimpson Avenue, Adnitt Road and Lea Road. It was occupied by the former Magson Wholesales but is currently vacant. The site is adjoined by residential apartments in Sears House on Adnitt Road, Galliard Court on Stimpson Avenue and houses on Baronson Gardens and Lea Road The site area is 0.45 hectare. The existing access is via Lea Road. There are two vacant warehouse buildings on site, one is three-storey flat roof located to the rear of the houses on Lea Road, the other is a single storey pitched roof building adjacent to Galliard Court. There is a large forecourt and parking area within the site The outline planning application N/2003/1188 for residential development on site was approved in principle by the Planning Committee on 12 November 2003, subject to a S106 agreement to secure 22% affordable dwellings on site. The legal agreement was finalised and planning permission was granted in December The current application is a reserved matters application. The proposal includes the erection of three apartment blocks to provide some 54 units (8 onebed and 46 two-bed). 12 affordable units (22%) will be provided and 6 units will be constructed to the Council s mobility standards Two of the blocks fronting Stimpson Avenue is four-storey in height and the third block off Lea Road is three-storey. The site will be accessed via Stimpson Avenue and Lea Road. 63 parking spaces will be provided including 7 disabled spaces (equivalent to 1.16 spaces per dwelling) There are also 3 motorcycle parking spaces, covered cycle storage area, refuse and recycling stores. 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan. 2.2 Relevant Policies from the Northampton Local Plan are E20, E22, H6, H11, H15, H17, H19, H32, B18, T10. The application site is identified as residential area in the Local Plan. National Policies 2.3. Planning Policy Guidance (PPG) Note 3 (Housing). Planning Policy Statement (PPS) 1 (Delivering Sustainable Development). Other Material Considerations 2.4. Supplementary Planning Guidance - Planning Out Crime; Affordable Housing and Parking.

68 3. Appraisal: 3.1 The existing Sears House and Galliard Court are very linear style structures fronting Adnitt Road and Stimpson Avenue respectively. The proposed apartment blocks have similar architectural style with substantial massing and height. They are positioned in a way to reduce impacts on the adjacent residential properties The parking areas will have good surveillance from the proposed flats and Sears House. 3.2 The proposed development will improve the appearance of the area and bring this brownfield site back to use in line with the advice contained in PPG3.

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70 Agenda Item 12h Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Gareth Jones Principal Planning Officer Tel: Planning Application: N/2006/244 Erection of building for motor vehicle lubrication including the carrying out of MOT testing and separate building for Use Classes A3 / A5 Land at B&Q Site, Towcester Road Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE OBJECTIONS to the application as proposed and requests that if the WNDC is minded to approve the application this should not be before the receipt of comments from the Environment Agency and the submission of a phase one (preliminary) contamination risk assessment for the reasons set out in the report. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

71 1 Background 1.1 Planning application 98/0717 was approved subject to conditions and a legal agreement on 28 October The permitted development comprised the erection of a retail unit (Class A1) including external sales, garden centre, and storage areas; a food and drink unit (Class A3), car parking, serving access arrangements; landscaping; external alterations and sub-division of the existing B&Q retail unit at former gas works site and Nene Valley Retail Park, Towcester Road. 1.2 The retail unit has been developed and is now trading as B&Q Warehouse and the sub-division of the existing (now former) B&Q unit at Nene Valley Retail Park has also been completed. However, the site of the permitted food and drink unit, located adjacent to the Kislingbury Arm of the River Nene and the vehicular access to the B&Q site, remains undeveloped. 1.3 Planning permission N/2000/1253 was granted in November 2001 to vary a condition of permission 98/0717 to extend the permitted use of the food and drink unit to include the sale of hot food for consumption off the premises. The permission was granted subject to a legal agreement that requires twice-daily litter patrols to be carried out in an area within 200m of the site. 1.4 A subsequent application (N/2002/1294) principally comprising proposals for a new restaurant building with drive thru, riverside seating area and car park was approved in principle in February 2003 subject to the Environment Agency withdrawing its objection and a legal agreement to ensure litter picking in the vicinity of the site. These matters were not fully pursued by the applicant and as such planning permission has not been issued. 2 Planning Policies Development Plan 2.1 Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan. 2.2 The Relevant Policies from the Northamptonshire County Structure Plan are GS2 (best use of brownfield land within urban area), GS5 (design quality), GS6 (infrastructure, facilities and services), T3 (transportation requirements), T9 (parking), AR8 (flood protection), AR9 (water resources), RN2 (riverside development) 2.3. Relevant Policies from the Northampton Local Plan are E2 (riverside landscape), E3 (water environment), E20 & E21 (new development), T9 & T10 (traffic management & road safety) and D30 (British Gas, St Peters Way / Towcester Road Development Site). Other Policy Considerations 2.4. The following government policy / guidance is relevant: PPS1 Delivering Sustainable Development PPS6 Planning for Town Centres PPG13 - Transport PPS23 - Planning and Pollution Control

72 PPG24 - Planning and Noise PPG25 - Development and Flood Risk 3 Appraisal 3.1 Government policy promotes the principal of re-using previously developed land. The principle of redeveloping the land is also established by the previous planning applications / permission described in section 1 above. 3.2 The application is a hybrid application comprising a detailed proposal for the erection of a building for motor vehicle lubrication including the carrying out of MOT testing (sui generis) located in the western part of the site and an outline application, with all matters reserved, for a separate building for A3 / A5 use. 3.3 The detailed sui generis scheme is a similar operation to that which was recently approved for a former Esso filling station site on Kettering Road (N/2006/1645). This element of the application is for an in/out drive-through mini service and MOT centre. This is a relatively new concept focused predominantly on the changing of oil and the replacing of oil filters on vehicles (i.e. a maintenance rather than repair operation) and MOT testing. There would be no repairs, panel beating, paint spraying, tyre or exhaust fitting and no power tools would be used. The proposed building is to be a single storey structure sub-divided into four main areas: two bays dedicated to oils filter changes; a glazed reception / lounge allowing customers to customers to view work on their vehicles; and the MOT testing bay. This flat roofed building would be sited within a vehicle parking / circulation areas. 3.4 Although the A5 (hot food take away) / A3 (restaurant) proposal has all matters reserved for future consideration an indicative layout and siting are shown on the submitted drawing showing a floor area of 112m 2 and a small terrace / outdoor eating area adjacent to the river. 3.5 The site is visually important given that it is highly visible from all sides and is located on the main southern arterial route into Northampton adjacent to the Kislingbury branch of the River Nene. The visual significance of the site would be emphasised further as the ground level of the proposed building would have to be raised by some 0.5m as stated in the Flood Risk Assessment submitted in support of the application. 3.6 The site falls within the scope of the Waterside masterplan (January 2005). Following on from the masterplan consultants have been commissioned to consider the potential of waterside sites within the central area for regeneration. Their initial assessment of the site is that there is a need to improve the image presented to from this area to the road and relationship wit the waterside. They add the site could become a very positive strategic link on the waterfront, combining good pedestrian accessibility to the river with strong profile on the road network The proposed sui generis building is of a basic design and its curtilage is dominated by hardstanding for vehicle circulation / parking. Officers feel that the proposed use, building and site layout are inappropriate to this sensitive location and fail to accord with the Local Plan Policy D30 in that the scheme does not realise the visual and recreational potential of the River Nene and its frontage fails to pay due regard to the visual importance of the site. Officers also consider that the development conflicts with government policy on the promotion of high quality design embodied in PPS1. It states that Design which is inappropriate in

73 its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted The principle of an A3 / A5 use of the site is established by the 98/0717 permission as varied by N/2000/1253. Nonetheless, officers have reservations over whether a site of this size adjacent to the detailed scheme discussed above could make any significant contribution to the local townscape and river valley The Council s Environmental Health Manager has amongst other things advised that the application should not be determined until a phase one (preliminary) contamination risk assessment is completed by the applicant Due to the site s proximity to the river it is also recommended that the application should not be determined until the Environment Agency has provided its comments on the application.

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75 Agenda Item 12i Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Gareth Jones Principal Planning Officer Tel: Planning Application No: N/2006/253 Variation of condition 2 of planning permission 99/0421 to allow opening hours of hot food takeaway until 01:00 on Sundays to Thursdays and 02:00 on Fridays and Saturdays Pizza Go Go, 108 Wellingborough Road Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE NO OBJECTIONS subject to a condition allowing the use for a temporary period of 1 year to allow the impact of the extended opening hours to be fully assessed in the interests of residential and general amenity. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

76 1. Background: 1.1. The application is to vary condition 2 of planning permission 99/042 granted in August 1999 for change of use of 108 and 110 Wellingborough Road from a Class A1 shop to Class A3 food and drink. Condition 2 reads: The premises shall not remain open to customers between the hours of 2300 and Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan. Relevant Policies of the Local Plan are H20 and R5. Other Material Considerations 2.3. Supplementary Planning Guidance `Planning Out Crime is relevant. 3. Appraisal: 3.1 The Council s Environmental Health Manager has advised that the premises already appear to have a premises licence under the Licensing Act 2003 covering late night refreshments served from 1200 to 0100 hours Sunday to Thursday and 1200 to 0300 Friday and Saturday and raises no objection to the planning application. Northants Police has also raised no objection. 3.2 Although the premises are located within the Town Centre as identified in the Retail chapter of the Local Plan and this part Wellingborough Road is busy and lively in the late night / early morning, there are a number of residential properties within the vicinity of the site. Bearing in mind the hours proposed, the proximity of residential property and the advice of the Environmental Health Manager it is not considered that refusal of the application would be justified. There is, however, sufficient doubt to warrant a condition limiting the proposed additional hours to allow the matter to be reviewed in the interests of residential and general amenity. Officers therefore recommend that the Council requests that should WNDC be minded to approve the application the permission should be limited to a period of one year.

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78 Agenda Item 12j Planning Committee Item No 12 April 2006 Report of Corporate Director - Customer and Service Delivery Author/Contact Officer: Cara Meehan Planning Officer Planning Application N/2006/255 Change of use from retail (Class A1) to takeaway (Class A5) and new shop front with roller shutters and awning 97 Kettering Road Tel: Purpose of Report: To provide comments to the West Northamptonshire Development Corporation on the above application. Recommendation: That Northampton Borough Council RAISE OBJECTIONS for the following reasons: 1. The proposed development would be seriously detrimental to the amenities of adjoining and nearby residential and commercial properties by reason of noise, odours and general disturbance likely to be associated therewith contrary to Policies E21 and R9 of the Northampton Local Plan. 2. The nature of the proposed use combined with the site s location would lead to the risk of illegal parking along a busy arterial route prejudicial to the free flow of traffic and conditions of highway and pedestrian safety contrary to Policies R9 and T9 of the Northampton Local Plan. Summary and Links to Corporate Plan In reaching the recommendations above, regard has been given to securing the objectives, visions and priorities outlined in the Corporate Plan together with those of associated Frameworks and Strategies.

79 1. Background: 1.1. The application site is a vacant former butchers shop (A1), located on the corner of Kettering Road and Grove Road within the Kettering Road local/district centre. The first and second floors immediately above the application site and an attached two-storey outrigger are in use for a mix of office and residential uses. There is a self-contained flat located at 1 Grove Road Planning permission (95/0655) to change the use of the premises to a restaurant was refused in 1995 due to concerns about parking. Planning permission was granted in 1999 (990655) to change the use of 1 Grove Road and the first floor of 97 Kettering Road to offices and 2 self-contained flats. A temporary 6-month permission was granted in 2000 to use the premises as an accommodation agency office (A2). 2. Planning Policies: Development Plan 2.1. Section 36(6) of the Planning & Compulsory Purchase Act 2004 requires a planning application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Current Development Plan comprises the Regional Spatial Strategies, the Northamptonshire County Structure Plan and the Northampton Local Plan Relevant Policies from the Northampton Local Plan are: E21, E29, E30, R9 and T9. 3. Consultations: 3.1 Planning Policy: Draft PPS6 Planning for Town Centres encourages mixed use within district and local centres including hot food takeaway. No objections. 3.2 County Highways: A total of two car spaces should be provided on site for which there is no provision available. Therefore have reservations for customers parking illegally on the Kettering Road frontage which is a busy arterial route. On street parking is available in Grove Road after 18: Environmental Health: Do not recommend that the application be approved, as there is potential for loss of amenity from noise and odour. Odour dispersal schemes require the installation of external ductwork to a high level. Location of a ventilation extract system on the rear elevation of the building, owing to the close proximity of residential properties, would be likely to result in loss of amenity due to noise and odour from the operation of the system. There would also appear to be serious constraints on space making the installation of ductwork unfeasible. Potential for noise disturbance in the wider residential area from customers e.g. engines running, doors slamming particularly during periods when background noise levels are decreased. 4. Representations: letters of objection have been received from 71-73, 81, 99, 101, 103, 111 and Jones Kettering Road and 55 Exeter Place on behalf of the residents of Exeter Place as summarised below: Despite parking restrictions cars continually park on and around corner to Grove Road making it hazardous for vehicles to enter Kettering

80 5. Appraisal: Road. There have already been several near misses a takeaway will worsen the problem; Food odours will seep into our premises and potentially soil our clothes for sale; An additional takeaway will only add to littering problem; This area should be enhanced by another retailing outlet as opposed to becoming yet another takeaway which seems unnecessary given the large number already trading in close proximity; Already food shops with shutters some of the shutters are not lifted until midday which makes area look very unappealing; Such a development is wholly inappropriate in terms of noise, nuisance and smell to adjacent church its parishioners and residents in adjoining building on Grove Road; No nearby on street parking. The area cannot cope with traffic generated by regular funeral services at the Church development will add to congestion and existing parking problems; Drainage system in immediate area is ill equipped to cope with types of waste produced be a takeaway outlet. 5.1 Whilst it is acknowledged that there is a concentration of takeaway uses within Kettering Road local/district centre as a whole, the application site is within a predominantly retail (A1) area. All of the premises within this block (45 metre frontage from Grove Road to Queen s Road) are in A1 retail use as is the adjacent block (50 metre block from Queen s Road to Spencer Road). The nearest takeaway use is approx 60 metres away (no. 77). Given this and that a non shop use (A2) was previously granted at this site it is not considered that the proposal would be detrimental to the shopping character of this part of the centre, due to an increase in the length of frontage in non shop use The site is in close proximity to residential dwellings; 1 Grove Road is approximately 8.5 metres to the rear and the authorised use of the upper floors of no. 97 appears to be residential. Given the configuration of the site it is unlikely that suitable extraction equipment would be able to be installed without giving rise to either visual amenity problems (if located to the front elevation) or noise and odour problems for immediate neighbours. 5.3 Parking is prohibited along both sides of Kettering Road within the vicinity of the site. A bus stop and pedestrian crossing are in close proximity. Given the nature of the proposed use it is considered likely that it would give rise to illegal parking creating conditions detrimental highway and pedestrian safety. In addition parking is restricted in Grove Road, within the vicinity of the site. Parking of customer vehicles in adjacent residential streets would be likely to lead to unacceptable levels of noise, disturbance and nuisance for existing residents.

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