Agenda item

Retention and rebuilding of existing fire damaged building, including two storey extension to rear to provide 6 x 1 bed flats, 2 x 2 bed flats and 2 x 3 bed flats.

RECOMMENDATION: Grant permission subject to conditions and a Section 106 Legal Agreement.

The Officer presented the report and informed the Committee that the application proposed 10 flats but in fact there were 12 flats in the scheme, 8 x 1 bed flats and not 6.

 

The application site comprised the front of Nos 97-99 Philip Lane.  The building comprised a pair of semi detached dwellings on the end of a group of three similar pairs.  These houses formed an important element in the Clyde Circus conservation area.

 

In 2007 planning permission was refused for the redevelopment of this building as 12 self contained flats.  The building was currently in a very poor state of repair, following two separate fires.  The rear walls were very badly damaged and the roof had been completely destroyed.  The design of this scheme was to repair and where necessary, replace the external shell of the building and to match the new elements as closely as possible to the original.

 

In order to allow light to the lower ground floor units, lightwells would be created to the front and rear of the building, the front garden was sufficiently large to accommodate the lightwell without any detriment to the appearance of the conservation area.  The rear extension had been reduced in length compared to the refused scheme so that it was approximately 5 metres from the rear boundary.  The design and appearance of the proposed extension was to match as closely as possible the materials, finishes and appearance of the original building.  The scheme was proposed as a car free development as the site was located in an area of medium public transport accessibility and was within a controlled parking zone.

 

Members raised concern that the proposed application was designated a car free development and it was felt it discriminated against trades people from buying these properties. 

 

Members further noted that on the site visit there was an odd shaped garden boundary and requested the garden space be defined.  The Committee requested that an extra condition be imposed for landscaping the alleyway.

 

The Chair moved a motion to grant the application subject to conditions and the extra condition to landscape the alleyway.  On a vote there being 6 in favour and 2 against the motion was carried.  Cllr Dodds requested that his dissent be noted.

 

RESOLVED

 

That the application be granted subject to conditions and the extra condition to landscape the alleyway.

 

INFORMATION RELATING TO APPLICATION REF: HGY/2008/1054

FOR PLANNING COMMITTEE DATED 21/07/2008

 

Location: 97 - 99 Philip Lane N15

 

Proposal: Retention and rebuilding of existing fire damaged building, including two storey extension to rear to provide 8 x 1 bed flats, 2 x 2 bed flats and 2 x 3 bed flats, 12 flats in total.

 

Recommendation: Grant subject to conditions and Legal Agreement

 

Decision: Grant subject to conditions and Legal Agreement

 

Drawing No’s: 2000, 2001, 2002, 2003, 2100, 2101, 2102, 2103 & 2200.

 

Conditions:

 

1.       The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.     

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

 

2.       The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.  

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

 

3.       Samples of all materials to be used for the external surfaces of the development shall be submitted to, and approved in writing by, the Local Planning Authority before any development is commenced.  Samples should include sample panels or brick types and a roofing material sample combined with a schedule of the exact product references.     

Reason: In order for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

 

4.       A scheme for the treatment of the surroundings of the proposed development including the space between the west elevation of the proposed rear extension and the side boundary of the site including the planting of trees and/or shrubs shall be submitted to, approved in writing by the Local Planning Authority, and implemented in accordance with the approved details.

Reason: In order to provide a suitable setting for the proposed development in the interests of visual amenity.

 

5.       Details of a scheme depicting those areas to be treated by means of hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed drawing of those areas of the development to be so treated, a schedule of proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of the visual amenity of the area.

 

6.       The existing trees on the site shall not be lopped, felled or otherwise affected in any way (including raising and lowering soil levels under the crown spread of the trees) and no excavation shall be cut under the crown spread of the trees without the prior written permission of the Local Planning Authority.      

Reason: In order to safeguard the trees in the interest of visual amenity of the area.

 

7.       Details of the proposed foundations in connection with the development hereby approved and any excavation for services shall be agreed with the Local Planning Authority prior to the commencement of the building works.     

Reason: In order to safeguard the root systems of those trees on the site which are to remain after building works are completed in the interests of visual amenity.

 

8.       The construction works of the development hereby granted shall not be carried out before 0800 or after 1800 hours Monday to Friday or before 0800 or after 1200 hours on Saturday and not at all on Sundays or Bank Holidays.           

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

 

9.       That not more than 12 separate units, whether flats or houses, shall be constructed on the site.     

Reason: In order to avoid overdevelopment of the site.

 

10.     Before any work is undertaken in pursuance of this consent to demolish any part of the building, such steps shall be taken and such works shall be carried out as shall, during the progress of works permitted by this consent, secure the safety and stability of that part of the building which is to be retained.  

Reason: In order to ensure that the advertisements do not pose a hazard to blind and partially sighted pedestrians.

 

11.     Demolition work shall be carried out by hand or by tools held in the hand other than power driven tools.

Reason: In order to safeguard the special architectural or historic interest of the building.

 

12.     Prior to the commencement of work on site the following information shall be submitted to and approved in writing by the local planning authority:

 

a) samples of all proposed external facing materials, including facing brickwork, natural slate roofing and vertically sliding sash timber windows.

b) fully annoted and dimensioned elevation and section drawings showing the repair and re-instatement of all architectural features to the front elevation and side elevations of the building at a scale of 1:20, to include details of roof dormer windows, bracketed projecting eaves, stucco architraves and reveals to windows, brickwork walls, entrance doors and sash windows.

c) fully annoted and dimensioned details of front boundary treatment to Philip Lane, showing low level wall/gates at a scale of 1:10

d) full details of hard and soft landscaping to the front garden.   

 

Reason: to ensure the satisfactory standard of development to preserve the character and appearance of the Clyde Circus Conservation Area.

 

13.     The proposed development shall have a central dish/aerial system for receiving all broadcasts for all the residential units created, details of such a scheme shall be submitted to and approved by the Local Planning Authority prior to the occupation of the property and the approved scheme shall be implemented and permanently retained thereafter.            

Reason: In order to protect the visual amenities of the neighbourhood.

 

14.     The residential buildings proposed by the development hereby authorised shall comply with BS 8220 (1986) Part 1 'Security Of Residential Buildings' and comply with the aims and objectives of the police requirement of 'Secured By Design' & 'Designing Out Crime' principles.      

Reason: In order to ensure that the proposed development achieves the required crime prevention elements as detailed by Circular 5/94 'Planning Out Crime'.

 

15.     That all the rear garden area shown within the planning application between the rear of the houses and new rear extension to the rear boundary of the site (as marked in red on site plan accompanying the application for planning permission) shall be retained is garden amenity space for the occupiers of some or all of the flats to be erected in the approved scheme and shall be maintained as such thereafter to the satisfaction of the Local Planning Authority.

Reason: In order to ensure a satisfactory standard of provision of amenity spaces for the future occupiers of the proposed development.

 

16.     That details of the proposed arches over the new windows openings in the new extension to match those in the existing houses shall be submitted to and approved by the Local Planning Authority before the commencement of the works. Such agreed details to be implemented as part of the construction of the extension.

Reason: In order to ensure a satisfactory appearance of the proposed development in relation to the appearance of the existing buildings and the character and appearance of the conservation area.

 

17.     That the existing trees and shrubs situated along the rear boundary of the site shall be protected during construction and retained thereafter.

Reason: In order to protect the visual amenity of the locality.

 

INFORMATIVE: The applicant is advised that only the highest quality yellow stock facing brickwork, in terms of quality of materials, colour, texture, bond, and pointing, for the repair and reinstatement of the front and side elevations to Philip Lane will be acceptable.

 

REASONS FOR APPROVAL

 

The proposal meets the requirements of the relevant policies in the Unitary Development Plan 2006 and is considered to preserve and enhance the character and appearance of the Clyde Circus Conservation Area in line with Policy CSV1 'Development in Conservation Areas' of the Unitary Development Plan 2006.

 

Section 106: Yes