Item No 4(d)

Site: 140 Doddington Road Lincoln Lincolnshire LN6 7HB

Application No: 2009/0497/F

Target Date: 29/09/2009

Agent: Mr John Willcock

Applicant: U.B.U

Development: Alterations and extension of existing dwelling (following removal of existing extension), and erection of a dormer bungalow to the rear, to accommodate 8. self contained flats (assisted living Use Class C3), with improvement to existing access and creation of 5 parking spaces. Resubmission of 2008/1114/F.

Background The application follows three previous planning applications on this site, each seeking similar accommodation but with variations and with different levels of supporting information. The first two applications were refused and the third withdrawn by the applicant. The reasons for refusal of each application is listed below as they did not comply with Local Plan Policies 34, 58 and 59.

1.Application 2007/0656/F was refused on 30 October 2007:

unjustified loss of a family dwelling,

the mediocre design and layout

the loss of residential and visual amenity of the occupants of the adjoining neighbours

poor highway access and egress

excessive parking. 2. Application 2008/0220/F was refused on 10 June 2008:

an unacceptable relationship to neighbouring residential properties. In particular, the development would be overbearing and lead to an unacceptable loss of outlook for the occupiers of neighbouring residential properties and an unacceptable loss of privacy to private rear gardens,

3. Application 2008/1114/F was withdrawn by the applicant on 09 December 2008. This current application has been submitted with the necessary supporting information and clarity in the plans provided and must now be considered on its merits. The Proposal It is proposed to convert the existing detached dwelling into five separate (supported living) flats, following the demolition of the existing single storey rear extension. As a supported living scheme, the new facilities also include an office/services area (located on the ground floor of the converted house) for use by any support personnel visiting individual residents. The proposal is also to erect a separate building within the rear garden to accommodate three further flats. This building has been designed to reflect the scale

and style of the dwelling which has recently been approved within the adjacent garden of Southcote Mews (application ref. 2008/0336/O). A new dwelling has also recently been approved in outline (application ref. 2008/0506/O) within the rear garden of 142 Doddington Road. The residents of the flats would require varying levels and type of support. Residents would determine their own needs with the help, as necessary from Lincolnshire Social Services and UBU. None would require permanent assistance through live-in staff and the applicant has stated that some may require very little support. The service area would act as a central support point for the premises. The design of the extensions and the new building have taken their design and character from the existing house, from the approved scale and siting of the two recent planning permissions at no.142 Doddington Road and also no.2 Southcote Mews. The applicants intend to replace the existing modern UPVC windows on the existing house with timber framed sliding sash and to use slate from roof coverings. The existing front and rear parking areas will be retained and formalised to provide parking for 5 vehicles. These, together with the access drive would be resurfaced Landscaping within the site will be retained to that of a traditional residential garden character, supplemented by additional perimeter hedging and the repair of perimeter fences where needed. The 8 flats would share the garden areas. Revisions were recently made to the application which include:

1. Removal of the reference to the cellar (which was an error on the original architectural drawing).

2. Revision of the ground floor layout to show an office/service area for visiting support staff.

3. Inclusion of an A4 layout drawing of how that room would provide facilities for any visiting support personnel.

4. Revision of the window details on the first floor elevation and plan in order to correctly reflect the room layout intentions.

5. Inclusion of a notation to indicate where perimeter fences and hedges will be repaired and retained.

Site Visit Undertaken on 23rd September 2007, 22 May 2008, 28 August 2009 Issues To assess the proposal with regard to:

Consideration of the proposed use

National and Local Policy Considerations

Parking

Access

Residential amenity

Policies Referred to Planning Policy Statement 1: Delivering sustainable development Planning Policy Statement 3: Housing Planning Policy Guidance 13 : Transport Policy 34: Design and Amenity Standards Policy 58: Development of garden land Policy 59: Conversion of Existing Dwellings and Other Buildings to Self Contained Flats and to Bedsits and Other Forms of Multi Occupation Planning Policy Statement 1: Delivering sustainable development Para 36 states that development should be:

sustainable, durable and adaptable (including taking account of natural hazards such as flooding) and make efficient and prudent use of resources;

respond to their local context and create or reinforce local distinctiveness;

visually attractive as a result of good architecture and appropriate landscaping.

Planning Policy Statement 3: Housing Achieving high quality housing is an aim of Planning Policy Statement 3: Housing; it states that: 12. Good design is fundamental to the development of high quality new housing, which contributes to the creation of sustainable, mixed communities. 13. Reflecting policy in PPS1, good design should contribute positively to making places better for people. Design which is inappropriate in its context……. 16. Matters to consider when assessing design quality include the extent to which the proposed development:

– Is easily accessible and well-connected to public transport and community facilities and services, and is well laid out so that all the space is used efficiently, is safe, accessible and user-friendly.

– Provides, or enables good access to, community and green and open amenity and recreational space (including play space) as well as private outdoor space such as residential gardens, patios and balconies.

– Is well integrated with, and complements, the neighboring buildings and the local area more generally in terms of scale, density, layout and access.

– Facilitates the efficient use of resources, during construction and in use, and seeks to adapt to and reduce the impact of, and on, climate change.

– Takes a design-led approach to the provision of car-parking space, that is well-integrated with a high quality public realm and streets that are pedestrian, cycle and vehicle friendly.

– Creates, or enhances, a distinctive character that relates well to the surroundings and supports a sense of local pride and civic identity.

– Provides for the retention or re-establishment of the biodiversity within residential environments.

access. 36. The priority for development should be previously developed land. (PPS3 defines previously-developed land (often referred to as brownfield land). Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. In

this instance the garden area is brownfield land). PPS3 states that using land efficiently is a key consideration when planning for new housing, and recommends a minimum density of 30 dwellings per hectare. This development has a density of 48.7 dwellings per hectare, which I am satisfied is appropriate for the site given its location. Planning Policy Guidance 13: Transport The main objectives of PPG13 are to promote sustainable transport choices, to reduce the need to travel by car, and to promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling. In order to achieve these objectives, it is recommended that patterns of urban growth should be managed to make the fullest use of public transport. Housing should be located within existing urban areas at locations which are highly accessible by public transport, walking and cycling. The City of Lincoln Local Plan Policy 34: Design and Amenity Standards Planning permission will be granted for new buildings, extensions, alterations or refurbishment of existing buildings which meet the following requirements:

the scale, massing, height, design, external appearance and facing materials to be used in the development must complement the architectural style and townscape character of the locality;

the siting and layout of any new building or extension must ensure a satisfactory physical and functional relationship to adjoining buildings and streetscape;

the layout and design of the development must take full advantage of any natural features of the site or its surroundings;

boundary treatment and landscaping must ensure the maintenance of a high standard of visual amenity and an appropriate degree of privacy and should, where practicable, contribute to nature conservation;

planting schemes should predominantly use local native species of trees and shrubs unless other species are justified for special reasons relating to their ornamental or other qualities and the special contribution this will make to a particular development;

suitable measures must be taken in the design and layout of the development to maximise energy efficiency and security and the design should address the issues of suitability and adaptability;

the amenities which occupiers of neighbouring properties may reasonably expect to enjoy must not be harmed by, or as a result of, the development;

the development should meet the standards for vehicle and cycle parking and servicing as set out in Appendix B(ii), and make satisfactory provision for access by means other than the car.

Policy 58: Development of garden land Planning permission for the development of new housing units on garden land will only be granted where proposals for such development:

1) safeguard the amenity of neighbouring properties and their gardens, including from noise, disturbance, loss of privacy and overshadowing;

2) provide for access to and from the local road network which is safe and convenient for both pedestrians and vehicles and does not rely on shared access arrangements

through the curtilage of other dwellings;

3) enable the proposed development's successful assimilation into the neighbourhood.

Policy 59: Conversion of Existing Dwellings and Other Buildings to Self Contained Flats and to Bedsits and Other Forms of Multi Occupation Planning Permission will be granted for conversions to, or use as: A. self contained flats, where:

1) in the case of an existing residential use, the property has a minimum of four bedrooms (each with a minimum floor area of 10 sq. metres) and there is an established lack of demand for the single household use of the property concerned;

2) the proposal includes satisfactory details which show how the amenities of occupants, immediate neighbours and the wider area are to be safeguarded, with particular reference to the proposed internal arrangements of the converted property, soundproofing within the property and between it and adjoining property, safety measures, privacy, car parking and provision of external communal areas and facilities.

B. bedsits, flatlets, shared accommodation, boarding houses, hostels, lodgings and combinations of the foregoing, where:

1) the property to be converted is detached or is semi-detached and the other half of

the building is already in multi-occupation;

2) the criteria set out in A 1) and A 2) above are satisfied.

Consultations Consultations were carried out in accordance with the Statement of Community Involvement, adopted June 2006. Responses Lincolnshire County Council Comments (see attached letter at end of report) Mr. Les EL Woods 144 Doddington Road Objection John Forbes Allsop Commercial Services Objection Mr J M Forbes 1 Southcote Mews Objection Luke Forbes 1 Southcote Mews Objection Niall Forbes 1 Southcote Mews Objection Mrs Rebecca Rowe 142 Doddington Road Comment

Mr M P Ellis 138 Doddington Road Objection Paul Whitehouse 124 Doddington Road Objection Mr & Mrs D Garner 130 Doddington Road Objection Mr & Mrs Richards 140a Doddington Road Objection Andrew J Barnard 120 Doddington Road Objection J Williams & M C P Williams 122 Doddington Road Objection D H Teesdale & P D Teesdale 95 Doddington Road Objection Mr I MacMillan 118 Doddington Road Objection David Bayes 4 Swallowbeck Avenue Comments Derek Savage 134 Doddington Road Objection Consideration of Issues Summary of objections A number of letters of objection have been received which cover:-

concern that this may be a residential care home/provider of social care support

over development

loss of privacy

loss of outlook

poor highway access/egress

noise/disturbance

loss of family house

harm to residential character

harm to amenity from excessive parking

Many of the response were attached to a standard letter of objection. This has only been copied once in the attachment to this report. In order to assess these issues, it is necessary to consider how the proposed use fits within the use classes framework and within Local Plan Policy.

Consideration of the proposed use The majority of objectors have made reference to the proposed use being an institution and not a residential development. The Agent has stated that: ―UBU does not provide warden support nor residential institutions and its sites do not fall with Use Class C2 of the Town and Country use Classes Order. Rather, they purposely fall within Use Class C3 as, for example, anticipated by the Government’s community care policy in relation to Class C3(b) schemes (para 27, Circular 13/87.)‖ The Town and Country Planning (Use Classes) Order 1987 explains that:

―Class C3 (dwellinghouses) is a new class which comprises use as a dwellinghouse by an individual, by people living together as a family or by not more than six residents living together as a single household. In the case of people living together as a household rather than as a family, the use will continue to be within the class notwithstanding that an element of care is provided for residents. The intention of this class is to include, for example, use as a dwellinghouse by individuals living together in the community who have formerly been in an institution of some kind.‖ Interpretation ―2. In this Order, unless the context otherwise requires:— "care" means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, and in class C2 also includes the personal care of children and medical care and treatment.‖

I am of the opinion that the application does fall within Use Class C3. Each apartment would have 1 resident and the proposed staff office is proportionate to the element of care required. I would affirm that it is not the intention to apply for a care home and the proposal is for a residential use. Accordingly, the question of who will live there, how residents will use their own accommodation and what personal support they wish to receive are not matters for considerstion. Circular 03/05: Changes Of Use Of Buildings And Land - The Town and Country Planning (Use Classes) Order 1987 provides a guide to the amendments to the Use Classes Order by SI 2005/85. It states that the single household concept will provide more certainty over the planning position of small group homes which play a major role in the Government’s community care policy which is aimed at enabling disabled and mentally disordered people to live as normal lives as possible in touch with the community. The amended Order has a fuller explanation appended to this report (Appendix 1). On the basis of the planning application submitted and the supporting information provided, the proposed creation of 8 flats forms a residential use within Use Class C3 and not an ―institution‖ or care home. National and Local Policy Consideration National Planning Policy I consider that the proposal is in line with the aims of Planning Policy Statement 1: Delivering sustainable development, Planning Policy Statement 3: Housing and Planning Policy Guidance 13 : Transport, as detailed earlier in this report. Local Planning Policy Policy 34: Design and Amenity Standards.

I consider that the proposed development accords with Policy 34. The existing house has been altered and extended several times and the result has been less in keeping with the character of the original house than could have been the case. The proposed development has

considered the siting and layout of any new building

ensured a satisfactory physical and functional relationship to adjoining buildings and streetscape, and

immediate neighbours who adjoin the site would not be compromised with respect to design and amenity matters.

Policy 58: Development of garden land I consider that the proposed development accords with Policy 58. The amenity of neighbouring properties and their gardens is safeguarded by the careful siting of the new build and the improved landscaping and boundary treatment. Subject to the issue of an existing bus stop on Doddington Road, access to and from the local road network would be safe and convenient for both pedestrians and vehicles. Having regard to the size of the site and the proposed density. I consider that the development can be successfully assimilated into the neighbourhood. Policy 59: Conversion of Existing Dwellings and Other Buildings to Self Contained Flats and to Bedsits and Other Forms of Multi Occupation. The proposal is for 8 self contained flats with an element of assisted living/care provided. This policy is therefore relevant in considering this application.

The proposal includes satisfactory details which show how the amenities of occupants, immediate neighbours and the wider area can be safeguarded.

The existing property has four bedrooms (each with a floor area of at least 10 sq. metres)

With regard to the need to demonstrate that there is an established lack of demand for this type of housing, whilst the proposal would result in the loss of a larger family house and it has not been fully evidenced that there is a lack of demand, I have limited evidence to draw on to look to resist the proposal on such a basis. The application property was sold on the open market and it was the applicant that bought the property without the benefit of planning permission rather than an individual purchaser as a family house. There may not therefore be strict accord with the letter of policy 59, however, having regard to the acknowledged need for the type of accommodation proposed, the benefits to the wider community of the type of accommodation to be provided and the quality of the proposed conversion, in my opinion there would be no conflict with the objectives of the policy so as justify refusing planning permission. I consider that a flexible wording of the policy would be applicable in this case.

I consider therefore that the proposed development accords with Policy 59.

Parking The scheme provides five parking spaces (two within the front garden and three at

the rear). The limited parking provision is reflective that this is an assisted living scheme where use will be restricted to visiting staff and general visitors. The application states that residents would not be car users. The site is located immediately adjacent to a bus stop and to bus services. The need for car parking will vary on a daily basis. Having regard to national planning policy that encourages travel by means other than a private car and also that a developer should not generally be required to provide more parking spaces than their own anticipated needs of a use, I consider that 5 spaces is adequate. Existing front and rear garden parking areas could be surfaced to accommodate some 10 vehicles and it would be relatively straight forward to provide those spaces. However I consider that the loss of the garden/landscape would harm the residential character of the area and to require further spaces being provided would not be consistent with national planning guidance. The Highway Authority is satisfied with the proposed level of parking. Access A bus stop/shelter is located immediately outside No 140. An advertising panel has been affixed to the east face of the shelter (as is common practice), thereby partly obstructing visibility towards the Tritton Road junction vehicles turning tight out of the site access. A recent approval for a new dwelling at 2 Southcote Mews (Application 2008/0336/0 refers) would utilise the same shared drive as the application premises. At that time, I and the Highway Authority were satisfied that the imposition of a condition requiring details of an alteration to the bus shelter to be submitted for approval prior to development commencing was an appropriate solution. I consider that the same condition would ensure that the safe access arrangements could be achieved for this development. Residential Amenity In terms of residential amenity, I consider that new residents will have an acceptable level of outdoor space and outlook and will not be compromised by existing and proposed development in proximity to their flats. Concern has been raised about the impact from the development on the residential amenity of surrounding residents. The flats would fall within residential use as the surrounding houses do and therefore the consideration of any impact on residential amenity must be focused on any harm from the physical relationship to existing properties and any unacceptable harm from an intensification of activity on the site. The adjoining occupants to the west have no additional overlooking of their property and the design of the new extensions has taken into account the amenity that they currently enjoy. The occupants of Southcote Mews, to the north, are not directly affected by changes to overlooking and outlook. This property being separated by a building plot from the site and a high hedge. The creation of 8 flats on the site will have an affect due to the density increasing, however, I do not consider that the density proposed would cause an unacceptable impact. Whilst the site and immediate surroundings would see change from the development, the residential amenity of existing residents would not be harmed to a degree as to warrant refusal of this application.

Conclusion In common with Lincolnshire County Council, the planning authority supports the concept of supported living in the community. The proposed development would provide accommodation options for people not only with a learning disability but also physical disability. Accommodation of this type, particularly for people with a physical disability is at a premium throughout the County. The proposed development is in accordance with national planning policy and policies 34, 58 and 59 of the City of Lincoln Local Plan. The above assessment concludes that there is no material conflict with those policies

Financial Implications None Legal Implications None Equality Implications There are no equality implications raised by this proposal which are not considered under other legislation. Application negotiated either at pre-application or during process of application Yes Application determined within target No, continuing negotiations. Recommendation Grant

Submission of details of materials

Submission of details of a Travel Plan

Submission of details of surfacing

Submission of details of landscaping

The development hereby permitted shall be operated and managed by a Registered Social Landlord in agreement with Lincolnshire County Council and the individual units shall not be sold or let independently on the open market without the written consent of the Local Planning Authority (excepting sale to or letting by another Registered Social Landlord)

Reason: To enable the local planning authority to properly review private garden space and access/parking arrangements.

Prior to development commencing, details of a visibility splay at the access to Doddington Road, of 2.4m x 4.3m, shall be demonstrated. A minimum width of 4.1m for the first 10 metres shall be provided.

Reason. The visibility is restricted by a bus shelter on Doddington Road and the width of the access/egress to Doddington Road is of an inadequate width.

Report by: Head of Planning Services

Appendix 1 The Town and Country Planning (Use Classes) Order 1987 Class C3. Dwellinghouses Use as a dwellinghouse (whether or not as a sole or main residence) — (a) by a single person or by people living together as a family, or (b) by not more than 6 residents living together as a single household (including a household where care is provided for residents). EXPLANATORY NOTE Class C3 (dwellinghouses) is a new class which comprises use as a dwellinghouse by an individual, by people living together as a family or by not more than six residents living together as a single household. In the case of people living together as a household rather than as a family, the use will continue to be within the class notwithstanding that an element of care (as defined in article 2) is provided for residents. The intention of this class is to include, for example, use as a dwellinghouse by individuals living together in the community who have formerly been in an institution of some kind. Interpretation 2. In this Order, unless the context otherwise requires:— "care" means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, and in class C2 also includes the personal care of children and medical care and treatment; Circular 03/05: Changes Of Use Of Buildings And Land - The Town and Country Planning (Use Classes) Order 1987 This Circular, provides a guide to the Use Classes Order as amended by SI 2005/85. It should, however, be remembered that although this Circular gives guidance amounting to an interpretation of the Order, only the courts can interpret the law authoritatively. Class C3: Dwelling Houses 66. The amended Order does not make any changes to class C3: Dwelling houses. This class groups together use as a dwelling house, whether or not the sole or main residence, by single person, any number of persons living together as a family, or by no more than 6 persons living together as a single household. The key element in the use of a dwelling house for non-family purposes is the concept of a single household. The single household concept will provide more certainty over the planning position of small group homes which play a major role in the Government’s community care policy which is aimed at enabling disabled and mentally disordered people to live as normal lives as possible in touch with the community.

Bus stop on Doddington Road

Driveway,looking North

Front View of No 140 Doddington Road

Rear View of No 140 Doddington Road

Proposed Elevations

Proposed ground and first floor plans

Proposed separate building, elevations

Proposed separate building, Floor plans.

Proposed elevations of 140 Doddington Road

Written Representations