AT Land Adjacent to Tollgate Cottage, Broughton Grounds Lane, Milton Keynes. Parish: Broughton & Milton Keynes Parish Council

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1 APPLICATION 06 Application Number: 13/00553/FUL Major Revision to plans approved under 11/01760/MKPC for Plots to provide 16 affordable one, two and three bedroom apartments with associated parking and changes to tenure AT Land Adjacent to Tollgate Cottage, Broughton Grounds Lane, Milton Keynes FOR Abbey New Homes Target: 21st June 2013 Ward: Middleton Parish: Broughton & Milton Keynes Parish Council Report Author/Case Officer: Stephen Gee Contact Details: Head of Team: Jackie Fox Contact Details: INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together planning history, additional matters and summaries of consultee responses and public representations. Full details of the application, including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.2 This application was deferred by the Development Control Committee on 8 th August 2013 on the grounds that a viability assessment had not been made available to Members. However this application, together with the proposed Deed of Variation to the Original S106 Agreement for Land adjacent to Tollgate Cottage, has been proposed in order for the Applicant to fully comply with the Council s affordable housing policy, including the latest tenure mix as set out in the Council s Affordable Housing SPD (March 2013). A viability assessment is therefore not required. 1.3 A letter from the Applicant is attached to this report summarising the proposal which would enable the developer to deliver 22 affordable homes in accordance with the current preferred rather than through a mixture of Reduced and Low Cost tenures which is no longer recognised as affordable

2 housing by the Council The Site 1.4 The land adjacent to Tollgate Cottage is a single parcel of land totalling 1.89 hectares on the eastern flank of Milton Keynes within the Eastern Expansion Area (EEA). It is bounded to the north by Fen Street which is the EEA public transport spine in the Brooklands development area. The site is bounded by and currently accessed from Broughton Grounds Lane to the west. A detached two storey dwelling known as Tollgate Cottage and its large rear garden are located on the opposite side of Broughton Grounds Lane to the west of the application site. 1.5 To the south is the A5130 Newport Road and to the east is Brooklands Farm Primary School. The former Broughton Manor Business Park, which has the benefit of outline planning consent for residential development, Broughton Manor Preparatory School and the wider Broughton Gate development areas are located immediately to the south across the A Full planning permission ref. 11/01760/MKPC for 74 dwellings was granted by Milton Keynes Partnership on 27 th March Construction on the southern half of this site commenced in January This application is for a proposed re-plan of plots which are located in the northern part of the land adjacent to Tollgate Cottage where construction has not yet commenced. The Proposal 1.8 The layout for plots as approved under planning permission ref. 11/01760/MKPC consists of 5 x 3-bed houses and 8 x 1-bed flats. The 8 flats and 2 of the 3-bed houses either side were approved as social rent units. The remaining 3-bed houses were approved as private market housing. 1.9 The Applicant has been unable to secure interest from any affordable housing providers to deliver the approved affordable housing mix. In particular, the affordable housing providers are only able to deliver Affordable Rent rather than social rent units under the Government s Affordable Homes Programme The Applicant is therefore proposing to re-plan the area of plots to provide 16 flats in 2 blocks. Block A consists of 3 x 1-bed flats, 5 x 2-bed flats and 2 x 3-bed flats and Block B consists of 3 x 1-bed flats and 3 x 2-bed flats. The total number of units proposed in the re-plan is 16 units which represents an increase of 3 units from the previously approved scheme Block A and Block B are proposed to consist of all Affordable Rent units. An affordable housing provider has been secured to deliver the units on this basis.

3 1.12 To integrate with the existing scheme the architectural form and detailing of the apartment blocks reflects the dwellings approved under planning permission ref.11/01760/mkpc. The parking court to the rear of the proposed apartment blocks will be retained as previously approved with the spaces reallocated Details of the proposal as described above can be seen in the plan appended to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework (March 2012) paragraphs: Para.12 Accordance with Development Plan Para.14 Presumption in favour of Sustainable Development Para.47 Delivering a wide choice of high quality homes Para.50 Affordable Housing Paras Design 2.2 Local Policy Core Strategy Policy CS1 (Milton Keynes Development Strategy Policy CS10 (Housing) Policy CS12 (Developing Successful Neighbourhoods) Policy CS13 (Ensuring High Quality, Well Designed Places) Policy CS14 (Sustainable Construction) Adopted Milton Keynes Local Plan Policy S1 (General Principles) Policies S3 and S4 (City Expansion Areas) Policy D1 (Impact of Development Proposals) Policy D2 (Design of Buildings) Policy D2a (Urban Design Aspects of New Development) Policy D4 (Sustainable Construction) Policies T1, T2, T3, T4, T5, T9, T10, T15 and T17 (Transport) Policy H4 (Affordable Housing) Policy H8 (Housing Density) Policy H9 (Housing Mix) Supplementary Planning Guidance Eastern Expansion Area Development Framework SPG (October 2005) Milton Keynes Council Parking Standards SPG (January 2005) Milton Keynes Council Parking Standards SPG Addendum (revised residential parking standards) (April 2009) Milton Keynes Council Sustainable Construction SPD (April 2007) Milton Keynes Council Affordable Housing SPD (March 2013) Milton Keynes Urban Development Area Tariff SPD (adopted November 2007)

4 Milton Keynes Council New Residential Development Design Guide (April 2012) Other Documents Tollgate Cottage Site Development Brief/Design Code (January 2009) 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) Urban Design 2. Access and Parking 3. Affordable Housing 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) Urban Design 5.1 The application site is located within the City Street character area as defined in the approved Tollgate Cottage Development Brief and Design Code. The proposed apartment blocks are consistent with the requirements of the Development Brief and Design Code for buildings of 3-4 storeys fronting onto the City Street and the overall design of the apartment blocks and materials chosen are consistent with the dwellings approved under planning permission ref. 11/01760/MKPC. 5.2 The Applicant has made amendments to the internal arrangements of the apartment blocks to ensure that both blocks have doors to the front and rear. As a consequence of these changes the ground floor of apartment Block A has been revised to provide 2 x 3-bed flats (rather than 2 x 2-bed and 1 x 1- bed flats as originally proposed). This is considered acceptable in order to provide access to the apartments from the street and the parking court and to provide the necessary activity and surveillance to the street. Access and Parking 5.3 The principle of a rear parking court serving the units fronting onto the City Street was approved through planning permission ref. 11/01760/MKPC and is consistent with the approved Tollgate Cottage Development Brief and Design Code. 5.4 Spaces within the parking court have been reallocated to reflect the proposed re-plan but remain in accordance with the Council s adopted parking standards.

5 Affordable Housing 5.5 All of the 16 units which form this application are proposed to be Affordable Rent. The Applicant has not been able to reach an agreement with an affordable housing provider to deliver the affordable housing units with the tenure mix outlined in the S106 Agreement. This is because the affordable housing providers are only able to deliver Affordable Rent rather than social rent units under the Government s Affordable Homes Programme. 5.6 The Applicant is also proposing to change the tenure of 12 dwellings that fall outside of this re-plan application site area to maintain the provision of 6 affordable housing units (to consist of 3 Affordable Rent units and 3 Shared Ownership units). This would require a Deed of Variation to the original S106 Agreement for planning permission ref. 11/01760/MKPC and is the subject of a separate paper to this Development Control Committee. 5.7 If this planning application is approved and the Deed of Variation to the original S106 Agreement is agreed by the Council, the overall affordable housing mix for the land adjacent to Tollgate Cottage would be as follows: 19 x Affordable Rent units (25%) 3 x 3-bed houses 2 x 3-bed flats 6 x 1-bed flat 6 x 2-bed flat 3 x Shared Ownership units (4%) 3 x 3-bed houses 5.8 This re-plan application proposes 3 additional dwellings. Therefore the overall total number of dwellings for the Tollgate Cottage site would increase from 74 dwellings to 77 dwellings and so the overall proportion of affordable housing would be 29% of the total number of dwellings. 5.9 The Council s Housing Development Officer has confirmed that the proposed affordable housing mix is acceptable as it is more in line with current affordable housing policy and there is a housing need for the proposed housing types. In particular, the Affordable Housing SPD (March 2013) states that for affordable housing, the majority of need is for 1- and 2-bedroom dwellings If the proposed affordable housing mix is not supported, the Applicant would be entitled to revert to the cascade mechanism in the original S106 Agreement which allows the developer to convert the Social Rent and Shared Ownership units to either Low Cost of Reduced Cost units (no longer recognised as an affordable housing type under the Council s Affordable Housing SPD) or as private sale units All 22 affordable housing units (including the 16 units which form this re-plan application) are located in the northern part of the development. This is a

6 concentration of units, but the Council s Affordable Housing SPD acknowledges that within flatted developments there is merit in having a concentration of affordable housing of the same tenure type as this will help with management issues such as the provision of lower than market service rate charges The delivery of the affordable housing units will address an identified housing need and therefore in this instance the concentration of the affordable housing units is considered acceptable to ensure the delivery of these affordable housing units. Conclusion 5.13 The Applicant has been unsuccessful in obtaining an offer from an affordable housing provider to deliver the affordable housing mix originally approved for the land adjacent to Tollgate Cottage. Whilst there is a concentration of affordable housing of more than 12 dwellings, the proposed re-plan enables the Applicant to deliver an affordable housing mix that better meets the Council s newly adopted Affordable Housing SPD and identified need for 1 and 2-bed affordable housing dwellings If the proposed affordable housing mix is not supported, the Applicant would be entitled to revert to the cascade mechanism in the original S106 Agreement which allows the developer to convert the Social Rent and Shared Ownership units to either Low Cost of Reduced Cost units (no longer recognised as an affordable housing type under the Council s Affordable Housing SPD) or as private sale units. Therefore no affordable housing units would be delivered on this site It is therefore recommended that the re-plan application is approved to ensure the completion of the Tollgate Cottage development and delivery of 30% affordable housing in accordance with current Council Affordable Housing policy. 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 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 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2) The development shall be carried in accordance with the details contained within the submitted Site Waste Management Plan dated June Reason: To minimise construction waste and encourage the reuse or recycling of waste materials in line with the requirements of Policy D4 of the Milton Keynes Local Plan.

7 3) No overheard lines, wires or cables, whether for the purpose of telephones, electricity, wired television or any other purpose shall be erected on, over or across any part of the application site. Reason: To protect the amenities of the locality in accordance with Policy D2A of the Milton Keynes Local Plan. 4) Prior to the commencement of development, details and/or samples of all proposed external facing materials including windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory appearance of the development in accordance with Policy D2 of the Milton Keynes Local Plan. 5) Prior to the commencement of development a scheme showing the proposed boundary treatment of the development, including details of vehicular and pedestrian gates, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the type and height of fences, hedges, walls and gates or other means of enclosure, and these shall be provided in accordance with the approved scheme before the adjacent residential units are first occupied and shall be retained thereafter. Reason: To ensure a satisfactory appearance for the development in the interests of visual amenity, a reasonable degree of privacy for occupiers of the proposed dwellings and to safeguard the privacy and amenities of the occupiers of neighbouring dwellings. 6) Prior to the first occupation of any dwellings, evidence of the means by which community safety in accordance with the principles of Secured by Design have been achieved shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of reducing crime and disorder in accordance with Policy D2A of the Milton Keynes Local Plan. 7) Prior to the commencement of development, details of an external lighting scheme for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of the dwellings hereby permitted and maintained thereafter. Reason: In the interests of safety and amenity in accordance with Policy D1 of the Milton Keynes Local Plan. 8) Prior to the commencement of development, details of the existing and proposed ground levels and finished floor levels of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details. Reason: In the interests of visual and residential amenity in accordance with

8 Policy D2 of the Milton Keynes Local Plan. 9) Prior to the commencement of development, full details of soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the numbers, types and sizes of trees and shrubs to be planted and their location in relation to proposed buildings, roads, footpaths and drains and shall confirm all existing trees and hedgerows that are to be retained. The planting shall be carried out within twelve months of the commencement of that phase of the development. Any trees or shrubs removed, dying, severely damaged or diseased within two years of planting shall be replaced in the next planting season with trees or shrubs of such size and species as may be agreed by the Local Planning Authority. Reason: In the interests of visual amenities of the locality in accordance with Policy D2 of the Milton Keynes Local Plan. 10) The development shall be carried out in accordance with the Carbon Emissions Reduction Study prepared by Environmental Economics (project ref. 11/05255) dated 20 th July 2012 and thereafter maintained. Reason: To ensure that the development is constructed in such a way as to meet the objectives for sustainable development in accordance with Policy D4 of the Milton Keynes Local Plan. 11) Details of the cycle stores for all apartments shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on site. The approved facilities shall be provided prior to the occupation of the each apartment and shall thereafter be maintained for the purpose of cycle storage and used for no other purpose. Reason: To ensure that adequate cycle facilities are provided to serve the development in accordance with Policy T3 of the Milton Keynes Local Plan. 12) Details of the refuse and recycling stores for all apartments shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on site. The approved facilities shall be implemented prior to the occupation of the first apartment and shall thereafter be maintained for the purpose of refuse and recycling storage and used for no other purpose. Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with Policy D4 of the Milton Keynes Local Plan.

9 Location Plan

10 Approved Site Layout 11/01760/MKPC

11 Proposed Re-Plan 13/00553/FUL

12 Appendix to 13/00553/FUL

13

14 A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 09/01185/MKPC Construction of 74 dwellings with associated access, parking and sewers including local area of play at land adjacent to Tollgate Cottage PER (Not Implemented) 11/01760/MKPC Proposed Residential Development of 74 dwellings with associated access and parking, including a local area of play at land adjacent to Tollgate Cottage PER A2.0 ADDITIONAL MATTERS (Matters which were also considered in producing the Recommendation) S106 Agreement A2.1 If this application is approved, a Supplemental Deed to the original S106 Agreement to planning permission ref. 11/01760/MKPC would be required to secure the necessary planning obligations for the 16 dwellings which form this re-plan application including a tariff payment for each unit based on the overarching Framework Agreement for the Expansion Areas. The Applicant has agreed to this principle. A2.2 In addition, a Deed of Variation is required to the original S106 Agreement to amend the affordable housing mix, including the affordable housing units outside of this application site area. This is the subject of a separate paper for this Development Control Committee.

15 A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council s web site) Comments A3.1 Housing Strategy (Affordable Housing) 1) The proposed revised mix of 19 Affordable Rent and 3 Shared Ownership is in line with current Affordable Housing policy (the Affordable Housing SPD 2013) and helps address affordable housing need in MK. At the end of May 2013 the Council had 483 households in Band 1 that hadn t been allocated housing. Of these households, 215 are in temporary accommodation (and in turn 92 of them are in bed and breakfast as of 20 June 2013). The greatest need remains for 1 and 2 bed properties. 2) The developer has demonstrated that there has been little or no interest from 11 Registered Providers for the original tenure mix of 25% Social Rent and 5% Shared Ownership, and has the option to invoke the S106 cascade clause if the revised mix is not accepted. This will result in the loss of the Affordable Housing altogether as the tenure mix will then be Low Cost and Reduced Cost Market Housing tenure types which do not equate to Affordable Housing in Milton Keynes. 3) The redesign has resulted in a concentration of Affordable Housing however it has also resulted in a mix of 1,2 and 3 bed flats and houses that better addresses affordable housing need, and is acceptable if it helps to make service charges more affordable for the flats and also addresses management issues such as Officer Response Refer to Paras

16 communal areas and car parking. A3.2 Crime Prevention Design Advisor No objections subject to conditions relating to Secured by Design and boundary treatments as per the original planning approval. A3.3 Highways Development Control No objection A3.4 MKC Urban Design No objection A3.5 Senior Landscape Architect No objection A3.6 Local Residents Places for People as the developer of the Brooklands development, Brooklands Farm Primary School and the landowner of the adjacent Tollgate Cottage were notified of the application. Conditions 5 and 6 have been recommended as per the original planning approval. Noted Noted. Noted No comments received. Middleton Ward Councillors and Broughton and Milton Keynes Parish Council were also consulted.