1. home and garden

(Item 4.4)
LONDON BOROUGH OF WALTHAM FOREST
Committee/Date:
Planning - 02 June 2015
Application reference:
151183/LAC
Applicant:
London Borough of Waltham Forest
Location:
Garages Adjacent 67 Southwell Grove Road,
Leytonstone, E10 4QD
Proposed development:
Demolition of existing garage and construction of 1x
two storey, two bedroom dwelling house.
Wards affected:
Cathall
Appendices:
None
1
RECOMMENDATION
1.1
Grant planning permission subject to conditions and in formatives.
2
REASONS REFERRED TO COMMITTEE
-The Council is the applicant
3
DETAILS OF PROPOSAL AND SURROUNDINGS
3.1
The site is located on the north side of Southwell Grove Road and is
currently occupied by four garages; all the garages are brick built
structures with a flat roof. Three of the garages are situated at the rear
of the site and one attached garage that immediately abuts no. 67
Southwell Grove Road. The site has an odd shaped rear projection and
the width of the rear is greater than the front, which cuts in to the
adjoining land of no. 67. The site has an area of 171sqm and is
approximately rectangular in shape.
3.2
The area is generally characterised by two storey terraced dwellings,
which is regarded to be of high density area. The adjoining buildings
are a mixture of late Victorian and post war era properties.
3.3
This proposed application is for the demolition of existing garages and
construction of 1 x two storey, two bedroom dwelling house.
4
RELEVANT SITE HISTORY
4.1
There is no planning history for this site.
(Item 4.4)
5
PUBLIC CONSULTATIONS
5.1
90 Melford Road, Leytonstone
66 Southwell Grove Road, Leytonstone
65 Southwell Grove Road, Leytonstone
92 Melford Road, Leytonstone
4 Mayville Road, Leytonstone
6 Mayville Road, Leytonstone
8 Mayville Road, Leytonstone
67 Southwell Grove Road, Leytonstone
58 Southwell Grove Road, Leytonstone
60-76 Southwell Grove Road, Leytonstone
60 Southwell Grove Road, Leytonstone
62 Southwell Grove Road, Leytonstone
64 Southwell Grove Road, Leytonstone
Advert: No
6
DEVELOPMENT PLAN
6.1
Adopted Waltham Forest Core Strategy 2012
6.2
The Waltham Forest Core Strategy (2012) was adopted on 1st March
2012. The Core Strategy contains 16 policies designed to deliver the
Council's vision for the physical, economic, environmental and social
development of the Borough. These policies will be used to direct and
manage development and regeneration activity for the next 15 years,
up to 2026.
The policies considered relevant to this application are as follows: CS1:
Location and Management Growth
CS2: Improving Housing Quality and Choice
CS6: Promoting Sustainable Waste Management and Recycling
CS7: Developing Sustainable Transport
CS13: Promoting Health and Well Being
CS15: Well Designed Buildings, Places and Spaces
6.3
Waltham Forest Local Plan Development Management Policies (2013)
6.4
The Local Plan Development Management Policies Document was
adopted in November 2013. This sets out the borough-wide policies
that implement the Core Strategy and delivering the long term spatial
vision and strategic place shaping objectives. There is an emphasis on
collaboration and a positive proactive approach to reaching a balance
agreement that solves problems rather than a compromise that fails to
meet objectives.
The following policies are relevant in this case:
DM1- Sustainable Development and Mixed Use Development
DM2- Meeting Housing Targets
(Item 4.4)
DM7 - External Amenity and Internal Space Standards
DM9 - Specialised Housing
DM10 - Resource Efficiency and High Environmental Standards
DM14 - Sustainable Transport Network
DM16 - Parking
DM23 - Health and Well Being
DM24 - Environmental Protection
DM29 - Design Principles, Standards and Local Distinctiveness DM30 Inclusive Design and the Built Environment
6.5
London Plan 2011
6.6
The London Plan is the overall strategic plan for London, and it sets out
a fully integrated economic, environmental, transport and social
framework for the development of the capital to 2013. It was adopted
in July 2011. The policies relevant to this application are:
3.3 – Increasing Housing Supply
3.5 – Quality and Design of housing Developments
3.8 – Housing Choice
3.9 – Mixed and Balanced Communities
8.2 – Planning obligations 8.3 – Community Infrastructure Levy
7
MATERIAL PLANNING CONSIDERATIONS
7.1
NPPF
7.2
The National Planning Policy Framework sets out the Government's
planning policies for England and how these are expected to be
applied. It is material consideration in planning decisions. It contains a
presumption in favour of sustainable development, described as a
"golden thread running through both plan-making and decision taking."
7.3
For decision-taking the NPPF states that the presumption means
"approving development proposals that accord with the development
plan without delay" and where the development plan is "absent, silent
or relevant policies are out-of-date, granting permission unless adverse
impacts would significantly and demonstrably outweigh the benefits,
when assessed against the policies in the Framework as a whole"
7.4
The whole NPPF is potentially material to this application, but the
specific policy areas considered directly relevant are as follows:
- Promoting sustainable transport
- Delivering a wide choice of high quality homes - Requiring good
design Promoting healthy communities
(Item 4.4)
7.5
Other policies
7.6
Supplementary
Planning
Document
Urban
Design
(2010)
Supplementary Planning Document Inclusive Housing Design (2011)
7.7
Local Finance Considerations
7.8
Local Finance Considerations are a material consideration in the
determination of all planning applications. Local Finance
Considerations can include either a grant that has been or would be
given to the Council from central government or money that the council
has received or will or could receive in terms of Community
Infrastructure Levy.
i)There are no grants which have been or will or could be received from
central government in relation to this development.
ii)The Council has not received and does not expect to receive any
income from LBWF CIL in relation to this development.
iii)The Council has not received and does not expect to receive any
income from Mayoral CIL in relation to this development.
8
REPRESENTATIONS
8.1
Representations from Residents
8.2
None received
8.3
Other representations
8.4
None received
9
ASSESSMENT
9.1
The main issues of consideration are; principal of development,
housing provision, design and appearance, impact on neighbouring
amenities, standard of accommodation, amenity space, parking, refuse
& recycling and cycle provision.
9.2
Principal of Development
9.3
The proposal would replace the existing garage on this site and replace
it with one residential dwelling. The general character of the area is
noted as being residential in character, the garage is currently in poor
condition and underused. The replacement of this garage to provide 1 x
2 storey, two bedroom family size house would be a positive
contribution to the area and a much needed prospect for the Borough,
which would also be highly welcomed in Policy terms.
9.4
The site is more suited for residential use given the nature of the
surrounding residential area and would sufficiently accommodate an
end of terrace dwelling.
(Item 4.4)
9.5
Housing provision
Housing supply and targets
9.6
The provision for housing in the Borough, including new affordable
homes is supported. Policy CS2 of the Waltham Forest Local Plan
Core Strategy (2012) relates to improving Housing Quality and Choice.
This proposal would facilitate sustainable housing growth by
contributing towards the number of affordable homes in the Borough.
9.7
The proposal would bring forward the site for a wholly residential
development in an appropriate location. The provision for housing is
reinforced by the London Plan (2015) and the NPPF (2012). The
provision of the site for housing would also contribute to both economic
and social aspects of sustainable development.
9.8
Housing Density and Mix of Units
9.9
The site is situated within a suburban area and has Public Transport
Accessibility Location [PTAL] rating 2. The development would create a
density of 555hrh and would therefore exceed the density range for this
area, which should be between 150 and 200 (hrh) habitable rooms per
hectare, as shown in the London Plan (2015) 'Sustainable Residential
Quality Density Matrix'. Although this is much greater than the required
density range for this area it would be considered acceptable based on
the fact that the development is modest in size, siting, design and
proportion.
9.10
Layout
9.11
The existing garage is sited along the north-west side of Southwell
Grove Road. The proposed development has been carefully sited to
ensure that the new houses relate well to the existing pattern of
development within the area. The site has an area of approximately
0.014 hectares. The application proposes 1 x two bedroom house of
approximately 89sqm of internal floor area with private amenity space
of 61sqm. The new dwelling will be flash with the adjoining property
number 67 Southwell Grove Road, the rear of the site will project 1.4m
at the rear. The proposed development will occupy the whole frontage
of the site and leave appropriate and usable private amenity space at
the rear.
9.12
The development at the rear has an 'L-shaped' arrangement at ground
floor level, which projects deeper than the adjoining property number
67. The first floor level would be set back and squared. The other
adjoining side bounds onto an existing shed belonging to number 4
Mayville Road.
9.13
Design and Appearance
9.14
The existing garages are formed of brick facing elevation with a flat
roof. The proposed development will be constructed using facing
brickwork, the preferred option would be Yellow stock brick, the roof
would be either slate or clay tiles and the windows are to be powder
coated aluminium double glazed. A condition would be attached with
(Item 4.4)
any such consent requiring sample materials to be submitted and
approved by the Local Authority.
9.15
The proposal is an ideal integration at the end of this row of terraced
properties, which has been carried out in a sympathetic and modest
manner. The proposed development overall is regarded to be
appropriate in scale and proportion and therefore sympathetic to the
adjoining dwellings. The proposal notes that adjoining properties do not
comprise of traditional porch. The new house however would have a
double fronted porch which appears sympathetic and responsive to the
Mayors Housing Design Guide 2011.
9.16
The proposed dwelling will continue the existing line of terraced houses
to the north-east with a similar front building line. The dwelling has
been designed with a slightly higher eaves and ridge height than the
adjoining terraced properties north east of the site. This has been
designed to achieve the minimum ceiling heights as stated within the
Mayors Housing Design Guide 2011 and the recently adopted London
Plan 2015. The increase in the ridge height is considered marginal and
due to the setting being at the end of the terrace, the impact on the
visual amenities of the street scene would not be significant.
9.17
Impact of Built Development on Residential Amenity.
9.18
The Waltham Forest Urban design SPD (2010) acknowledges that
privacy can be maintained without the need to rigidly apply separation
distances, dependent on the relationship between habitable room
windows, the scale of development and the use of screening and
landscaping.
9.19
The proposal would adjoin the side of no. 67 Southwell Grove Road,
with almost similar footprint. The surrounding neighbouring area mostly
comprises of two storey dwellings and the proposal being two storey
would be in keeping with the characteristic to the area, and also follows
the established pattern of terraced properties on the street.
9.20
Number 67 Southwell Grove Road has no windows in the gable end,
with existing windows only at the front and rear elevation of the ground
and first floor levels. It is noted that the proposed rear elevation of the
new dwelling will project slightly beyond the adjoining rear building line;
however this is considered minimal and would not significantly impact
on the amenities of the number 67 by way of; overlooking,
overshadowing, loss of light or outlook.
9.21
The other adjoining neighbour is number 4 Mayville Road; however this
is situated approximately 15m east of south-west of the site. The
development would adjoin the rear garden and shed of this property.
Given the fact that the development is two storey with no windows on
the flank elevation and bearing in mind the depth of the neighbouring
garden is extensive it is not sought that the proposal would have any
direct impact on the amenities of this neighbouring property by way of;
over- massing, overlooking, overshadowing, loss of light or outlook
9.22
In light of the above assessment, the proposal is not considered to
result in any conflict with Councils Development Plan Policies.
(Item 4.4)
9.23
Standard of accommodation
Space Standards
9.24
The residential accommodation has been designed to meet, and where
possible exceed the standards set in Table 3.3 of the London Plan
(2011) and Policy DM7 of the Waltham Forest Local Plan Development
Management Policies (2013).
9.25
The two bedroom, two storey dwelling house would provide 89sqm of
internal floor which exceeds the 87sqm floor space requirement.
Accordingly, the proposal is considered acceptable.
9.26
Amenity Space
9.27
Policy DM7 of the Waltham Forest Local Plan Development
Management Policies (2013) requires a minimum of 50sqm of private
amenity space for two bedroom dwellings.
9.28
The proposal would provide an external amenity space of
approximately 61sqm, which more than exceeds the 50sqm
requirement for this type of property.
9.29
Parking considerations
9.30
Although the site is located within a low 'Public Transport Rating of 2,
the area does have buses within walking distance that sever a number
of public transport facilities. Therefore, given the aim of promoting more
sustainable travel patterns and the need to reduce the reliance on
vehicle related trips, the proposal omits any dedicated off-site car
parking. It is noted that on-street parking already exists on Southwell
Grove Road and the applicants would be privy to this existing parking
arrangement in the area.
9.31
The application will result in the loss of four existing garages. Early
consultation with the Highway Authority did not suggest the loss of the
existing garage provision and proposed on-street parking would give
rise to any highway safety implications. Given the strong support
towards the promotion of sustainable travel patterns
9.32
Refuse and recycling
9.33
The proposed location for these facilities would be at the front of the
site. This provision is not likely to have any issues in relation to visual
impact on the street scene or neighbouring amenities, as this is
considered to be well designated within the site footprint and enclosed
by boundary wall and gate.
10
CONCLUSION
10.1
The principle of development involving redevelopment of the former
garages for residential accommodation is acceptable.
10.2
The proposal has regard to the scale and massing, pattern and form of
development in the area and would not consequentially impact on
neighbouring residential amenity. The proposed design and scale has
been considered and the layout and design of the buildings would
improve the amenity and appearance of the site.
(Item 4.4)
10.3
The design of the scheme is broadly acceptable including its
relationship with neighbouring development.
10.4
Impact on residential amenity has also been considered and concluded
that the proposed development would be acceptable on these grounds
having regard to scale and pattern of development including
configuration and layout of the proposal.
10.5
All material considerations have been taken into account and it is not
considered that there are any material planning considerations in this
case that would warrant a refusal of this application.
10.6
Taking into account the consistency of the scheme with the
Development Plan and weighing this against all material planning
considerations, the proposal is considered to be acceptable in planning
policy terms. On the basis of the acceptability of the development in
principle, and the design and provision for housing being in an
accessible location, the application is recommended for approval.
11
ADDITIONAL CONSIDERATIONS
11.1
Public Sector Equality Duty
11.2
In making your decision you must have regard to the public sector
equality duty (PSED) under s.149 of the Equalities Act. This means that
the Council must have due regard to the need (in discharging its
functions) to:
11.3
A. Eliminate unlawful discrimination, harassment and victimisation and
other conduct prohibited by the Act
11.4
B. Advance equality of opportunity between people who share a
protected characteristic and those who do not. This may include
removing or minimising disadvantages suffered by persons who share
a relevant
protected characteristic that are connected to that
characteristic; taking steps to meet the special needs of those with a
protected characteristic; encouraging participation in public life (or other
areas where they are underrepresented) of people with a protected
characteristic(s).
11.5
C. Foster good relations between people who share a protected
characteristic and those who do not including tackling prejudice and
promoting understanding.
11.6
The protected characteristics are age, disability, gender reassignment,
pregnancy and maternity, race, religion or belief, sex and sexual
orientation.
11.7
The PSED must be considered as a relevant factor in making this
decision but does not impose a duty to achieve the outcomes in s.149
is only one factor that needs to be considered, and may be balance
against other relevant factors.
(Item 4.4)
11.8
It is not considered that the recommendation to grant permission in this
case will have a disproportionately adverse impact on a protected
characteristic.
11.9
Human Rights
11.10 In making your decision, you should be aware of and take into account
any implications that may arise from the Human Rights Act 1998.
Under the Act, it is unlawful for a public authority such as the London
Borough of Waltham Forest to act in a manner that is incompatible with
the European Convention on Human Rights.
11.11 You are referred specifically to Article 8 (right to respect for private and
family life), Article 1 of the First Protocol (protection of property). It is
not considered that the recommendation to grant permission in this
case interferes with local residents' right to respect for their private and
family life, home and correspondence, except insofar as it is necessary
to protect the rights and freedoms of others (in this case, the rights of
the applicant). The Council is also permitted to control the use of
property in accordance with the general interest and the
recommendation to grant permission is considered to be a
proportionate response to the submitted application based on the
considerations set out in this report.
12
RECOMMENDATION
12.1
The Planning Committee is requested to resolve that planning
permission be granted subject to the following conditions:
12.2
Conditions:
1. The development to which this permission relates must be begun
not later than the expiration of three years beginning from the date
of this decision notice.
2. The development shall be carried out in accordance with proposed
plan numbers BAS-01-XX-DR-A-072 revision P5 & BAS-01-XX-DRA-073 revision P5, received on 13th April 2015 & 13th May 2015.
3. Samples and a schedule of all external materials to be used on the
development hereby permitted shall be submitted to and approved
in writing by the Local Planning Authority before any building work
commences and this condition shall apply notwithstanding any
indications as to these matters which have been given in the
application. The development shall thereafter be carried out solely
in accordance with the approved details.
4. Notwithstanding any indications on the submitted drawings, details
of hard and soft landscaping on site shall be submitted to and
approved in writing by the Local Planning Authority prior to the
commencement of development. The landscaping scheme shall
include details of the retained and proposed planting around the
(Item 4.4)
site, along with requirement to demonstrate that all hard standing
areas are permeable. All approved planting shall be carried out in
the first planting and seeding season following the occupation of
the development hereby permitted or the substantial completion of
the development, whichever is the sooner. Any trees, hedges,
shrubs and green spaces forming part of the approved landscaping
scheme which within a period of five years from planting die, are
removed or become seriously damaged or diseased shall be
replaced with others of similar size and species, unless the Local
Planning Authority gives written consent to any variation. The
development shall be carried out solely in accordance with the
approved details, prior to the first occupation of the use hereby
approved, and thereafter shall be fully retained and maintained
accordingly.
5.
Prior to the commencement of the development, other than
demolition and ground works, details relating to the siting, design
and height, colour and finish of all new walls, fencing, railings and
other means of enclosure shall be submitted to and approved in
writing by the Local Planning Authority. The development shall be
carried out solely in accordance with the approved details, prior to
the first occupation of the use hereby approved, and thereafter
shall be fully retained and maintained accordingly.
6. Prior to commencement of development, a Demolition and
Construction Method Statement shall be submitted to and approved
in writing by the Local Planning Authority. This shall include hours
of work, dust suppression measures and a copy of the asbestos
survey in accordance with the requirements of the Health & Safety
Executive. All works of demolition shall adhere to the agreed
Method Statement.
7. Prior to the commencement of the development, details of wheel
washing facilities for vehicles leaving the site during construction
work, and measures taken to suppress dust emanation as a result
of the construction work, shall be submitted to and approved in
writing by the Local Planning Authority. The approved facilities shall
be installed prior to the commencement of any building works on
site and shall be retained for the duration of the works.
8. Notwithstanding the provisions of Article 3 and Classes A, B and E
of Part 1 of Schedule 2 of the Town and Country Planning (General
Permitted Development) Order, 1995 (or any Order revoking and
re- enacting that Order), no enlargement, improvement or other
alteration of, or to, any dwelling house the subject of this
permission shall be carried out without planning permission having
first been obtained via the submission of a planning application to
the Local Planning Authority; nor shall any building or enclosure
required for a purpose incidental to the enjoyment of any said
dwelling house as such be constructed or placed on any part of the
(Item 4.4)
land covered by this permission without such planning permission
having been obtained.
9. All access doors installed by virtue of this permission shall have a
minimum opening clearance of 900mm and level thresholds. All
ramps required pursuant to this provision of such level access shall
have a minimum gradient of 1:20 and level landing areas at either
end of 1.2 metres square.
Reasons:
1. To comply with the provisions of Section 91(1)(a) of the Town and
Country Planning Act 1990 (as amended).
2. For the avoidance of doubt and in the interests of proper planning.
3. To safeguard and enhance the visual amenities of the locality, in
accordance with Policy CS15 of the Waltham Forest Local Plan –
Core Strategy (2012) and Policy DM29 of thE Waltham Forest
Local Plan – Development Management Policies (2013).
4. To ensure a satisfactory appearance and in the interest of local
amenity and biodiversity in accordance with policies CS15 of the
Waltham Forest Local Plan Core Strategy (2012), and Policies
DM23, DM 32, DM35 of the Waltham Forest Local Plan –
Development Management Policies (2013).
5.
In the interest of general visual amenity, and amenity of
neighbouring occupants, in accordance with Policies CS13 and
CS15 of the Waltham Forest Local Plan – Core Strategy (2012)
and Policies DM29 and DM32 of the Waltham Forest Local Plan –
Development Management Policies (2013).
6. To ensure considerate construction and to protect the amenities of
the nearby residents from excessive noise ands dust and to comply
with Policy CS13 of the Waltham Forest Core Strategy March 2012
and Policies DM14 and DM15 of the Waltham Forest Local Plan –
Development Management Policies (2013).
7. To prevent the deposit of mud on the highway and to ensure traffic
safety in compliance with policy CS7 of the Waltham Forest Local
Plan - Core Strategy (2012) and Policy DM24 of the Waltham
Forest Local Plan – Development Management Policies (2013).
8.
In the opinion of the Local Planning Authority, the nature and
density of the layout requires strict control over the form of any
additional development that may be proposed in the interests of
maintaining a satisfactory residential environment, in accordance
with Policy CS2 and CS15 of the Waltham Forest Local Plan –
(Item 4.4)
Core Strategy (2012) and Policy DM29 of the Waltham Forest
Local Plan – Development Management Policies (2013).
9. In order to ensure an inclusive living environment that meets the
objectives of Policies CS13 and CS15 of the Waltham Forest Local
Plan -Core Strategy (2012) , and Policy DM30 of the Waltham
Forest Local Plan – Development Management Policies (2013).
12.3
Informatives:
12.4
To assist applicants the Local Planning Authority has produced policies
and written guidance, all of which is available on the Council’s website
and which offers a pre planning application advice service. The scheme
was submitted in accordance with guidance following pre application
discussions and the decision was delivered in a timely manner.
12.5
Construction and demolition works audible beyond the boundary of the
site should only be carried out between the hours of 0800 and 1800
hours Mondays to Fridays and 0800 and 1300 hours on Saturdays, and
not at all on Sundays or Public/Bank Holidays.
13
BACKGROUND DOCUMENTS
13.1
The background information for this application is the relevant
application file, the application and any related history files, together
with relevant planning policy / policies at national, London and local
level.
13.2
These documents are available for inspection Monday to Fridays
between 9am and 5pm at London Borough of Waltham Forest,
Sycamore House, Town Hall Complex, Forest Road, London E17 4JF.