Agenda item

Conversion of first floor of supermarket (E) to form five residential apartments (C3), with insertion of new windows, and repositioning of external staircase and enclosure of roof top (resubmission of 21/00113/FUL).

The application was brought to the committee for determination at the request of Cllr Lady Atkins. A previous application had also been considered by the committee in June 2021.

 

A site visit occurred to enable members to understand the proposal beyond the plans submitted and the photos taken by the Case Officer.

 

The Planning Development Manager gave a verbal presentation to the committee. She explained, as the members had seen on the site visit, that the applicant had recently acquired land to the south of the application site and had bricked up a kitchen window in a neighbouring property facing the application site since the previous application had been determined. It was the impact of the development on this window which formed the basis of the refusal reason on the previous application.

 

Jane Cross spoke in objection to the application.

 

Claire Stubbs spoke in objection to the application, representing her mother who was a local resident.

 

Members raised concerns on the issues of privacy, refuse collection and the proposed flat roof area as well as parking.

 

The Head of Planning Services responded to members’ concerns. He explained to members that condition 3 in the report stated that boundary treatments would have to be applied for and approved before occupation of any dwelling. He also pointed members to condition 14, which stipulated that no new access can be created onto the flat roof area without planning permission being obtained, and although this would not stop a potential future application at least the planning committee would be able to consider the merits of the proposal. He also reminded members that this was an almost identical application to the previous scheme they considered, with the one change being the bricked up window facing the site, and therefore this was no longer an issue. Any other concerns raised by members at this meeting had not been previously identified as reasons for refusal.

 

Following discussion, a motion to approve the application was proposed by Cllr Ballard and seconded by Cllr Holden and the application was approved as per the officer recommendations, subject to conditions, as set out below.

 

Conditions:-

 

1.  The development must be begun before the expiration of three years beginning with the date of this permission.

           

            Reason: This condition is required to be imposed pursuant to 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 out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 22 July 2021 including the following plans/documents:

           

            Location plan 1:1250

            Proposed site plan 2021-PSP-01C

            Site plan with interface distances 2020-PR-03C

            Proposed site plan and balustrading detail 2020-PR-05

            Proposed elevational plans 2021-PR-02D

            Proposed elevations 2020-PR-06

            Proposed floor plans 2021-PR-01C

           

            The development shall be retained hereafter in accordance with this detail.

           

            Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

 

 3.  Prior to the first occupation of any apartment hereby permitted, a plan indicating the positions, design, materials and type of boundary treatments to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be completed before the apartments are first occupied and shall thereafter be maintained and retained in accordance with the approved details.

           

            Reason: In the interests of the appearance of the locality and the residential amenity of occupants/neighbours in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

 

 4.  Prior to the commencement of development, a drainage scheme, which shall detail measures for the attenuation and the disposal of foul and surface waters, shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be in accordance with the hierarchy of drainage options outlined in Policy CDMP2 of the Adopted Local Plan 2011-31 or any equivalent policy in an adopted Local Plan that replicates the existing Local Plan, with evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates to be submitted. For the avoidance of doubt, surface water must drain separate from the foul and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

           

            No part of the development shall be occupied or brought into first use until the drainage works and levels have been completed in accordance with the approved scheme. Thereafter the agreed scheme shall be retained, managed and maintained in accordance with the approved details.

           

            Reason: To promote sustainable development using appropriate drainage systems, ensure a safe form of development that poses no unacceptable risk of pollution to water resources or human health, to prevent an undue increase in surface water run-off to reduce the risk of flooding and in the interests of visual and residential amenity in accordance with policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework. The condition is required to be approved prior to commencement of development to ensure that full details are provided, that have not been forthcoming with the application, to ensure a suitable form of drainage is provided in that specific area taking into consideration land conditions and proximity to existing services.

 

 5.  No apartment hereby approved shall be first occupied until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include, areas of soft landscaping (including any retained trees, hedgerows and other planting and any replanted or transplanted hedgerows), hard surfaced areas and materials, planting plans specifications and schedules (including plant size, species and number/ densities), existing landscaping to be retained, and shall show how account has been taken of any underground services.

           

            The landscaping works shall be carried out in accordance with the approved details prior to first occupation of any apartment hereby approved or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained.

           

            Any trees or shrubs planted in accordance with this condition which are removed, uprooted, destroyed, die, or become severely damaged or seriously diseased within 7 years of planting, or any trees or shrubs planted as replacements shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted, unless the Local Planning Authority gives its written consent to any variation.

           

            Reason:  To ensure the site is satisfactorily landscaped in the interests of visual amenity and sustainable development, in accordance with Policies CDMP3 and SP2 of the Wyre Local Plan (2011-31).

 

 6.  No development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of the development (including the external walls, roof, balustrades, windows and external bin store) have first been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials.

           

            Reason: To safeguard the visual amenities of the locality including the Conservation Area in accordance with Policies CDMP3 and CDMP5 of the Wyre Local Plan (2011-31).

 

 7.  The refuse storage area(s) shown on the approved plans shall be provided in accordance with the approved details prior to first occupation of any apartment and shall thereafter be maintained and retained.

           

            Reason:  In the interests of the appearance of the site and locality and the residential amenity of occupants and neighbours, in accordance with Policies CDMP1 and CDMP3 of the Wyre Local Plan (2011-31).

 

 8.  Prior to the first occupation of any apartment hereby approved, an Open Space Management Plan, including long term design objectives, management responsibilities and maintenance schedules for the area of open space, shall be submitted to and approved in writing by the Local Planning Authority The Management Plan shall be implemented in accordance with the approved details during the lifetime of the development.

           

            Reason:  To ensure the long term management and maintenance of amenity space within the site in the interests of visual amenity and the health and wellbeing of occupants in accordance with Policies SP8 and HP9 of the Wyre Local Plan (2011-31).

 

 9.  Prior to the first occupation of any apartment hereby approved, the following noise mitigation measures shall be implemented:

           

            - All apartment windows shall be fitted with 10mm/16mm argon/8.8mm Pilkington Optiphon glazing unit offering 44(-2;-6) dB Rw or similar; and

            - All apartment windows shall have Titon SF Xtra TA5225 (V75) + TA5206 (C75) 2500EA trickle vents fitted that will achieve a level of Dnew (C;CTr) of 44(- 2;-3) dB

           

            These noise mitigation measures shall thereafter be retained and maintained.

           

            Reason: To ensure there is no adverse effect on the health and quality of life of future occupants and to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

10.  Prior to the first occupation or use of the development hereby approved, the floor window(s) in the north elevation(s) serving the stairwell and plant room shall be:

           

            i)          obscure glazed at a scale of 5 (where 1 is hardly obscured and 5 is totally obscured), and

            ii)         non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

           

            The window(s) (including any subsequent repaired or replacement window) shall be maintained and retained thereafter in accordance with this detail.

           

            Reason: To safeguard the privacy of adjoining residents and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

11.  Prior to first occupation of any part of the development hereby approved, the secure cycle storage provision shown on the approved plans (Proposed floor plans 2021-PR-01C) shall be provided and thereafter maintained and retained.

           

            Reason: To enable access to and from the property by sustainable transport mode, in accordance with policy CDMP6 of the Wyre Local Plan (2011-31).

 

12.  Prior to the installation of any external lighting associated with the development hereby approved, a scheme for the provision of external lighting shall be submitted to and approved in writing by the Local Planning Authority.

           

            The lighting shall be installed and operated in accordance with the approved scheme details, which shall be maintained and retained thereafter.

           

            Reason: To safeguard residential amenity in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

13.  Prior to the first occupation of any of the residential units hereby approved, a 0.9m parapet wall (from floor level) and 1.2m high obscure glazing screening above this, shall be provided to the rear flat roof as shown on the approved plans (Proposed site plan and balustrading detail 2020-PR-05 and Proposed elevational plans 2021-PR-02D). The obscure glazing shall be at a scale of 5 (where 1 is hardly obscured and 5 is totally obscured). The glazing (including any subsequent repaired or replacement glazing) shall be maintained and retained thereafter in accordance with this detail).

           

            Reason: To protect residential amenity in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

14.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), there shall be no new first floor openings created with direct access onto the rear rooftop area nor shall there be any alterations to the existing first floor windows with direct outlook onto the rear rooftop area without express planning permission from the Local Planning Authority.

           

            Reason: To ensure that the Local Planning Authority have control over any future development to prevent access to the flat roof at the rear of the building in order to protect adjoining properties from overlooking and noise disturbance and to comply with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

Notes: -

 

 1.  This permission does not relate to the display of any advertisements which may require consent under the Town and Country Planning (Control of Advertisements) Regulations 1989.

 2.  If any part of the proposed development encroaches onto neighbouring property the approval of the adjoining owners should be obtained before the development is commenced.

 3.  The grant of planning permission does not authorise any closure, obstruction or diversion of a public right of way. Any proposed stopping-up or diversion of a public right of way should be the subject of an Order under the appropriate Act and Lancashire County Council should be contacted for advice in the first instance.