Version April 2010 1

LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS

SUBMITTED UNDER THE PLANNING ACTS TO BE DETERMINED BY

THE DIRECTOR OF PLANNING, TRANSPORTATION AND STRATEGIC

ENVIRONMENT

CIRCULATED SCHEDULE NO. 06/12

Date to Members: 10/02/12

Member’s Deadline: 16/02/12 (5pm)

The reports listed over the page form the ‘Circulated Schedule’ a procedure agreed by the Planning and Transportation Committee on 21 November 1996. The procedure is designed to increase the effectiveness and efficiency of the Development Control Service. Under the arrangement reports are circulated on a weekly basis. The reports assess the application, consider representations which have been received, and make a recommendation regarding the proposal. The procedure is designed to ensure that Members are aware of any concern expressed by interested parties in their ward and indicate a recommendation. Having considered the reports, those applications that Councillors feel should be referred to an appropriate Area Development Control Committee must be notified to the Development Control section by email within five working days of the publication of the schedule (by 5pm). If there has been no member request for referral within the time period, the decision notices will be issued in line with the recommendation in this schedule. Before referring an item to the Committee, Members may wish to speak to an officer about the issue, in order that any problems can perhaps be resolved without the need for referral to a Committee PLEASE NOTE: THE CIRCULATED SCHEDULE PROCESS IS ONLY OPEN TO THE ELECTED MEMBERS OF SOUTH GLOUCESTERSHIRE COUNCIL.

Version April 2010 2

NOTES FOR COUNCILLORS - FORMAL ARRANGEMENTS

If any Member requires any of the proposals listed in the Schedule to be considered by the appropriate Development Control Committee, please let the Director of Planning, Transportation and Strategic Environment know within 5 working days of the date of this Schedule (e.g, if the schedule is published on a Friday, comments have to be received by the end of Thursday) (see cover page for the date).

To refer an application(s) members are asked to email MemberReferral@southglos.gov.uk providing details of Application reference and site location Indicate whether you have discussed the application(s) with the case officer and/or area planning

manager Indicate whether you have discussed the application(s) with ward member(s) if the site is outside of

your ward The reason(s) for the referral The following types of applications may be determined by this Circulated Schedule procedure:

All applications and related submissions not determined either by the Development Control Committees or under delegated powers including:

a) Any application submitted by or on behalf of the Council.

b) Any application requiring either new or a modification to an existing planning agreement, provided that the application is not required to be determined by Committee.

c) Any footpath diversion required to implement an approved scheme.

d) Applications, except those where approval is deemed to be granted upon the expiry of a defined period, where a representation contrary to the Officers recommendation are received.

e) Applications for Certificates of Appropriate Alternative Development where a representation contrary to the Officer’s recommendation is received.

f) Applications for Certificates of Lawful Use of Development

GUIDANCE FOR ‘REFERRING’ APPLICATIONS

Members are entitled to refer any application for consideration by the relevant DC Committee or Sites Inspection Committee, before a decision has been made. However as call-ins will delay the decision on an application in the interests of improving the effectiveness and efficiency of the Development Control service, this option should only be exercised after careful consideration. Members are therefore asked to take account of the following advice:

Before referring an application always speak to the case officer or Area Planning Manager first to see if your concerns can be addressed without the application being referred.

If you are considering referring in an application outside the ward you represent, as a courtesy, speak to the ward member(s) to see what their views are, before referring the application.

Always make your referral request as soon as possible, once you have considered all the application details and advice of the case officer. Please do not leave it to the last minute

Always make your referral request by e-mail to MemberReferral@southglos.gov.uk, where referrals can be picked up quickly by the Development Management Technical Support Team. If in exceptional circumstances, you are unable to e-mail you request, please contact 01454 863519, well in advance of the deadline, to discuss alternative arrangements to ensure your response can be received.

When you refer an application, make clear what the planning reasons are for doing so. This will help the case officer and other members give attention to the specific issues you have raised.

It may also allow officers to seek to negotiate with the applicant to overcome the Member’s concerns and therefore removing the need for a Committee determination.

CIRCULATED SCHEDULE – 10 FEBRUARY 2012 ITEM NO. APPLICATION NO RECOMMENDATION LOCATION WARD PARISH

1 PK11/2760/F Approve with The Highwayman Hill Street Woodstock None Conditions Kingswood South Gloucestershire BS15 4EP

2 PK11/3932/F Approve with 11 Lovell Avenue Oldland Oldland Bitton Parish Conditions Common South Council Gloucestershire BS30 9TE

3 PK12/0007/F Approve with 55 Horse Street Chipping Chipping Sodbury Town Conditions Sodbury South Council Gloucestershire BS37 6DA

4 PT12/0023/F Refusal 47 St Davids Road Thornbury Thornbury North Thornbury Town South Gloucestershire Council BS35 2JF

5 PT12/0025/F Approve with 10 Ley Lane Olveston Severn Olveston Parish Conditions South Gloucestershire BS35 4DG Council

6 PT12/0073/F Approve with 1 Mayfield Cottages Cribbs Patchway Almondsbury Conditions Causeway Almondsbury Parish Council South Gloucestershire BS10 7TL

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CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PK11/2760/F Applicant: Mr D Green

Site: The Highwayman Hill Street Kingswood Bristol South Gloucestershire

Date Reg: 6th September 2011

Proposal: Demolition of existing public house to facilitate the erection of 11 no. self contained residential units and 1 no. commercial unit for A1 use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) with associated works. Creation of new vehicular access and off street parking. (Resubmission of PK11/1486/F)

Parish: None

Map Ref: 365672 173729 Ward: Woodstock

Application Category:

Major Target Date:

1st December 2011

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

100023410, 2008. N.T.S. PK11/2760/F

ITEM 1

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REASON FOR REPORTING TO CIRCULATED SCHEDULE This application has been referred to the Circulated Schedule following the receipt of objections from local residents; which are contrary to the officer recommendation.

1. THE PROPOSAL

1.1 The site is currently occupied by ‘The Highwayman Public House’, which is located on the southern side of Hill Street to the east of Kingswood Town Centre on the A420. The pub is currently vacant and has been so since the Summer of 2010. The existing building is set back from the highway with off-street parking to the front for five vehicles and side access along the boundary with no.4 Hill Street, that leads to an existing garage.

1.2 The property dates back to the late 19th century and may have once been used

as a coach house. Despite its age the property is not listed, either nationally or locally. The site is flanked by Victorian properties and the location is generally residential in character, although there are a few shops and commercial properties interspersed between the houses, one being a small convenience store at ground floor level at adjoining no.2 Hill Street. The land from the western side of the high terrace to the rear of the application site is taken up by ‘Dan Harford’ car sales and garage.

1.3 The existing pub building is spread over two storeys and has, during its history,

been extended to the eastern side and to the rear. A single-storey timber-framed skittle alley borders the pub garden and children’s play area to the rear of the pub. The ground floor of the property is arranged as an open-plan bar with lounge seating. At first floor level, is a large three-bedroom flat, which was formerly occupied by the pub landlord and his family.

1.4 It is proposed to entirely demolish the existing pub building and erect a four-

storey block, attached to the flank wall of no.2 Hill Street, with a 2.5 storey side wing to the east and two 2-bed houses to the rear. The four-storey block would comprise a shop (A1) on the ground floor with 9no. apartments in the remainder of the building. The apartments would comprise the following:

Flat 1 GF Two-bedroom flat (with garden) Flat 2 1F Two-bedroom flat (with terrace) Flat 3 1F Studio flat Flat 4 1F One bedroom flat Flat 5 1F/2F Two-bedroom maisonette Flat 6 2F/3F Two-bedroom maisonette

Flat 7 2F/3F Two-bedroom maisonette Flat 8 2F/3F Two-bedroom maisonette Flat 9 2F/3F Two-bedroom maisonette 1.5 The 2.5 storey wing provides an under-croft vehicular access at ground floor

level with residential accommodation above. The access would lead to the parking areas and amenity areas located to the rear. The scheme also includes a re-cycling centre, cycle store and bin store.

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1.6 The application follows a previously withdrawn scheme PK11/1486/F for a similar proposal. The current scheme was designed in consultation with Council officers. The application is supported by the following documents:

Design and Access Statement

Coal Mining Risk Assessment

2. POLICY CONTEXT 2.1 National Guidance PPS1 - Delivering Sustainable Development PPS3 - Housing PPS4 - Planning for Sustainable Economic Growth

PPS5 - Planning for the Historic Environment PPG13 - Transport

PPG14 - Development on Unstable Land Ministerial Statement Rt. Hon Greg Clark MP March 2011

Draft National Planning Policy Framework (DNPPF) July 2011 2.2 Development Plans Joint Replacement Structure Plan Policy 1 - Sustainable development objectives.

Policy 2 - Location of development. Policy 33 - Housing provision and distribution.

Policy 41 - Safeguarding of Local Shopping

South Gloucestershire Core Strategy incorporating Post-Submission Changes (December 2011) CS1 High Quality Design CS5 Location of Development CS6 Infrastructure and Developer Contributions CS13 Non-Safeguarded Economic Development Sites CS15 Distribution of Housing CS16 Housing Density CS17 Housing Diversity CS18 Affordable Housing CS23 Community Infrastructure and Cultural Activity

South Gloucestershire Local Plan (Adopted) January 2006

D1 - Design L1 - Landscape Protection and Enhancement L5 - Open Areas within the Existing Urban Areas and Defined Settlement Boundaries L9 - Species Protection L11 - Archaeology L17 & L18 - The Water Environment EP1 - Environmental Pollution EP2 - Flood Risk and Development EP4 - Noise Sensitive Development EP7 - Unstable Land

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H2 - Residential Development within the existing Urban Area H6 - Affordable Housing LC2 - Provision of Education Facilities T7 - Cycle Parking Provision T8 - Parking Standards T12 - Transportation Development Control Policy for New Development RT8 - Small Scale Retail Uses Within the Urban Areas and the Boundaries of Small Settlements RT11 - Retention of Local Shops, Parades, Village Shops and Public Houses LC1 - Provision for Built Sports, Leisure and Community Facilities (Site Allocations and Developer Contributions). LC2 - Provision for Education Facilities (Site Allocations and Developer Contributions). LC8 - Open Space and Children’s Play in Conjunction with New Residential Development. The South Gloucestershire Minerals and Waste Local Plan (Adopted) May 2002. Policy 37 - Waste Strategy

2.3 Supplementary Planning Guidance The South Gloucestershire Design Checklist (SPD) – Adopted 23rd August 2007. Trees on Development Sites (SPG) Adopted Nov 2005 SG Landscape Character Assessment (Adopted Aug. 2005) – Landscape Character Area 14; Kingswood The Affordable Housing SPD (Adopted) Sept. 2008

3. RELEVANT PLANNING HISTORY Other than applications for advertisement consent, the following applications are the most relevant to the current proposal: 3.1 K4358 - Proposed alterations to public house.

Approved 14 Nov 1983 3.2 K4358/1 - Proposed alterations to public house.

Approved 17 July 1985 3.3 PK11/1486/F - Demolition of existing public house to facilitate the erection of

11no. self contained residential units and 1 no. commercial unit for A1 use with associated works. Creation of new vehicular access. Withdrawn 3 August 2011.

4. CONSULTATION RESPONSES

4.1 Parish Council Not a parished area. 4.2 Other Consultees [including internal consultees of the Council]

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4.3 Technical Support Street Care No objection subject to a condition to secure a SUDS drainage scheme and submission of a Coal Mining Report; and standard informatives relating to vehicular access and connection to sewers.

4.4 Archaeology

In view of the local interest of the building as an unregistered heritage asset the building should be subject to limited photographic recording prior to demolition. In addition, on the basis of information contained within the HER, it is believed that the site may contain archaeological structures and deposits associated with the post-medieval occupation of the site; a watching brief condition should be added to any planning permission.

4.5 The Coal Authority

No objection subject to a condition to secure site investigation works relating to the possible presence of shallow workings.

4.6 Wessex Water

No objections raised. The development is located within a foul sewered area and a public sewer would be affected by the development. Permission will be required from Wessex Water to connect to public sewers or to build over public sewers.

4.7 Sustainable Transport

No objection subject to condition to provide off-street parking and turning facilities and cycle parking prior to first occupation.

4.8 Environmental Protection

No objection in principle subject to conditions relating to construction sites and advice relating to air quality.

4.9 Urban Design

No objection. The appearance of the scheme is substantially improved by including local materials and taking greater account / cues from the forms, details and proportions of adjacent buildings. Landscaping and passive sustainability measures have also been improved to accord more closely with policy objectives.

4.10 Ecology

There are no ecological constraints to granting permission. The only semi-natural habitat on site consists of a small, managed beer garden of low ecological interest.

4.11 Landscape

The landscape proposals are now acceptable and represent a much- improved scheme. Subject to a condition to secure a fully detailed planting plan, there are no landscape objections.

4.12 New Communities The following contributions should be secured by S106 Agreement:

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Cat 1 formal open space offsite contribution £16,242.10 Cat 2 equipped children’s play space offsite contribution £10,235.60 Cat 3 unequipped children’s play space offsite contribution £1,508.84 -------------- Total Requirement £27,986.54

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Contributions towards enhancements at Kingswood Library £1,435.50 4.13 Children and Young People

A contribution of £10,466.00p is required towards the provision of one additional primary school place. There is a projected surplus of secondary school provision in the locality.

4.14 Housing Enabling

The proposal for 11no. dwellings falls below the adopted Local Plan threshold (15no.) for affordable housing.

Other Representations 4.15 Local Residents 13 no. letters of objection were received (two from the same objector). The

following is a summary of the concerns raised: There is no need for further residential accommodation in the area. The proposal would not be in-keeping with the locality or street scene. Insufficient parking provision will result in more on-street parking in an

already congested area. The sewage system is old and will not cope with the increased use. Loss of light and privacy for nos. 4, 14, 20 and 56 Hill Street. Loss of the pub, a community asset. The pub closed because it was poorly managed. It is a viable pub if run

properly. Increased traffic generation will result in highway hazards. The pub used to be in the CAMRA Real Ale Guide. Excessive scale of proposed building. Loss of house values. Overdevelopment. Inadequate amenity space. Poor design – the materials must match those of adjacent buildings. The building must not be attached to no.56. Overshadowing of no.4 Hill Street. Driveway to the side of no.4 has no pathway and will be hazardous for

pedestrians. Overbearing impact on no.4. Loss of security to no.4 from communal access. Increased noise for no.4. Vibrations from traffic will cause structural damage to no.4. Proposed flat 5 windows will look directly into front bay window of no.4 and

bedroom.

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Stairwell windows will need to be obscurely glazed. Loss of light to no.4 side dining room, kitchen and bedroom. Loss of privacy to no.4 from communal access. Proposed bin store too close to front door of no.4 causing smell and loss of

view. Parking adjacent to fence of no.4.

4.16 The Bristol Pubs Group (CAMRA) Object on the following grounds:

Loss of community pub. The pub has been purposely allowed to run down in recent years. With the right management and customer offering the pub is capable of

once again being a viable business. The pub used to be in the CAMRA Good Beer Guide. Loss of pub choice for locals. Other than The Old Flower Pot there is a lack of controlled drinking

environments in the immediate area. Alternative pubs lie too far away. Excessive scale of proposed building. Inappropriate design and materials.

4.17 Chris Skidmore MP

The public house was previously under a neglectful ownership. However, in light of its history, I believe that with the right management, it will regain its prominence and popularity with the local community. The local residents are passionate about keeping the public house in place, so that their hopes of seeing it revitalised are not dashed.

4.18 Petition

A petition against the proposed development of the Highwayman Pub was submitted; the petition was signed by 64 local residents.

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development The site lies within the Urban Area and is previously developed land and can

therefore be assessed as a brownfield windfall site. The existing building is not afforded any special protection and does not lie within a Conservation Area. Subject to there being no objection to the loss of the pub (see Policy RT11) there is no in-principle objection to the re-development of the site for alternative residential use. PPS3 supports the generation of mixed communities in sustainable locations and at para.20 states:

“Key characteristics of a mixed community are a variety of housing, particularly in terms of tenure and price and a mix of different households such as families with children, single person households and older people.”

The proposal for flats and houses is therefore considered to be in accordance

with the latest government advice contained in PPS3 and as such, there is no in-principle objection to flats and houses being erected in the location

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proposed. The flats would be sold on the open market and would provide a valuable contribution to the low cost open market housing stock, which is increasingly in demand by single people, professional couples or first time buyers. The houses would contribute to the acknowledged shortfall in housing provision in South Gloucestershire.

5.2 Having regard to the adopted Joint Replacement Structure Plan, Policies 19

and 34 are no longer saved policies. Policy 33 states that priority will be given to the re-use of previously developed sites within the urban area. Furthermore, Policy 2 of the JRSP, the locational strategy, aims to concentrate development for jobs, housing and facilities within the main urban areas, in order to maintain and develop their vitality and quality as regional and sub regional centres. These policies are supported by policies CS16 and CS17 of the South Gloucestershire Core Strategy incorporating Post-Submission Changes Dec 2011; although not yet adopted this document is a material consideration for development control purposes. Policy CS23 seeks to retain existing community infrastructure.

5.3 The Draft National Planning Policy Framework was issued in July 2011. The

DNPPF (para.19) promotes development that brings an economic benefit that the country needs, stating that ‘Every effort should be made to identify and meet the housing, business, and other development needs of an area, and respond positively to wider opportunities for growth. Decision-takers at every level should assume that the answer is ‘yes’, except where this would compromise the key sustainable development principles in this Framework’. The DNPPF at para. 126 safeguards the unnecessary loss of valued community facilities by ensuring that they are able to develop and modernise in a way that is sustainable. This document is however still in draft form and whilst it is a material consideration, only limited weight can be given to it at this stage.

5.4 A key issue in the determination of this application is the acceptance or

otherwise of the loss of what is a long established community facility i.e. the public house. Policy RT11 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006 addresses this issue, which is discussed below.

5.5 The proposal includes a retail outlet (A1) and as such also needs to be

considered against Policy RT8, which permits small-scale retail shops (A1) within the urban areas but outside Town Centres subject to criteria discussed below. Officers consider that the introduction of one modest sized shop, in a location where other local shops exist, would not adversely affect the viability of the Town Centre or any Local Centre.

5.6 The residential element of the proposal falls to be determined under Policy H2

of the South Gloucestershire Local Plan (Adopted) 6th January 2006, which permits the residential development proposed, subject to the following criteria:

A. Development would not have unacceptable environmental or

transportation effects, and would not significantly prejudice residential amenity; and

B. The maximum density compatible with the site, its location, its accessibility and its surroundings is achieved. The expectation is that all

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developments will achieve a minimum density of 30 dwellings per hectare and that higher densities will be achieved where local circumstances permit. Not least, in and around existing town centres and locations well served by public transport, where densities of upwards of 50 dwellings per hectare should be achieved.

C. The site is not subject to unacceptable levels of noise disturbance, air pollution, smell, dust or contamination; and

D. Provision for education, leisure, recreation and other community facilities within the vicinity is adequate to meet the needs arising from the proposals.

5.7 Loss of the Public House

In the first instance officers wish to clarify that the existing pub business is an entirely private enterprise and the Council cannot enforce the owners to re-open the pub business if they are not inclined to do so. There is no guarantee therefore that even if this planning application were refused, that the pub would re-open.

5.8 Policy RT11 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006

states that: The change of use of existing public houses, which serve the local community will only be permitted where: E. There are satisfactory alternative facilities available in the locality; or F. It can be demonstrated that the premises would be incapable of

supporting a public house use.

The supporting text to Policy RT11 at para. 9.111 states the following: ‘In the case of public houses, the Council acknowledges that it would be unreasonable to resist a change of use where local patronage is such that a public house is no longer viable. In these circumstances, applicants will need to demonstrate that the existing use is not well supported and is not capable of being viably operated, or that there are satisfactory alternative facilities available within a convenient walking distance.’ It falls upon the applicant therefore to demonstrate that one of these criteria is met.

5.9 Policy CS23 of The South Gloucestershire Core Strategy relates to Community

Infrastructure and Cultural Activity. The supporting text to the policy at para.10.74 confirms that local pubs and clubs fall into this category. Policy CS23 states that: Existing community infrastructure will be retained, unless it can be demonstrated that: The use has ceased and there is no longer a demand; or The facility is no longer fit for purpose; and

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Suitable alternative provision is available within easy walking distance to the required standard.

The supporting text to Policy CS23 at para. 10.77 states the following: ‘Where the redevelopment of an existing community facility is proposed for another use, the developer should clearly demonstrate that the use has ceased. In doing so it should be demonstrated that a reasonable amount of time has lapsed for an alternative agency or organisation to re-establish the use, or the facility no longer provides for the needs of its users to modern day standards and alternative suitable provision is available within a reasonable walking distance. Distances should be measured along suitable walking routes (easy walking distance is considered to be approximately 800m).

In this case either one of the first two criteria must be met along with the third criterion. As CS23 is still an emerging policy however, yet to be tested at public enquiry, officers must give most weight to the adopted Policy RT11.

5.10 Viability of the Existing Pub Business

It is evident from the consultation responses that ‘The Highwayman’ was, until fairly recently, a popular family oriented establishment that served good quality beer, as evidenced by its inclusion in the CAMRA Good Beer Guide. Officers, having previously been based in Kingswood, can confirm that this assessment is accurate. It appears however, that in recent years, a succession of licensees have failed to maintain these standards and the pub eventually closed in the Summer of 2010.

5.11 In his Design and Access Statement the applicant states that since closing, the

building has suffered from recent vandalism and theft, despite the efforts of the owner to secure the premises. Internally the building is now virtually derelict and needs considerable investment to become habitable again by any future tenant. Whilst officers acknowledge that the visual quality of the building has degraded in recent times, it is not beyond the realms of possibility that the building could be refurbished and used again as a public house. Merely allowing the building to degrade over time is not considered to demonstrate that the premises would be incapable of supporting a public house use as required by criterion F of Policy RT11. Furthermore the applicant has not submitted any figures, business model, marketing evidence or accounts to demonstrate that the business is not viable.

5.12 Officers acknowledge that the smoking ban, the free availability of cheap liquor

from supermarkets and off-licences, together with the recession, has created very difficult trading conditions for some pubs, many of which have been forced to close in recent times. Whilst that may be the situation with ‘The Horseshoe’, officers do not consider that this has been adequately demonstrated and therefore criterion F of Policy RT11 has not been met.

5.13 Alternative Facilities

Consultees have highlighted the various roles and level of importance that a public house such as ‘The Highwayman’ can provide to a local community; this is acknowledged by the Council. Unless there are adequate alternative

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facilities, the loss of such a Public House is generally resisted, particularly in villages and smaller communities where alternatives are very limited or located too far away. In this case however, the site lies within a densely populated urban area, close to Kingswood Town Centre where there are many pubs and bars.

5.14 In his submission, the applicant has listed the nearest public houses to ‘The

Highwayman’. It is noted however that a number of the pubs listed are not within easy walking distance of ‘The Highwayman’. There is however a comparable pub i.e. ‘The Old Flowerpot’ situated almost directly opposite ‘The Highwayman’. Furthermore ‘The Tennis Court Inn’ lies at the bottom of Hill Street, ‘The Kings Arms’ lies less than 800m from ‘The Highwayman’ and ‘Wetherspoon’s’ some 825m away in Kingswood Town Centre. Whilst the ‘Tennis Court Inn’ has been closed recently, it is understood that it will shortly be re-opening. On balance therefore, officers conclude that there are satisfactory alternative facilities available within the locality and that criterion E of Policy RT11 is met.

5.15 Officers therefore consider that given that the existing building is afforded no

statutory protection and that there are alternative facilities in close proximity, there can be no in-principle policy objection to the loss of the pub.

5.16 Density Policy H2 seeks to ensure that sites are developed to a maximum density

compatible with their location and like PPS3 seeks to avoid development, which makes an inefficient use of land. PPS3 no longer indicates that a national indicative minimum density of 30 dwellings per hectare should be used. The PPS now encourages the highest density that can be achieved within the various local considerations that need to be taken into account.

5.17 PPS3 (para.50) states that “The density of existing development should not

dictate that of new housing by stifling change or requiring replication of existing style or form. If done well, imaginative design and layout of new development can lead to a more efficient use of land without compromising the quality of the local environment.”

5.18 Policy CS16 of The South Gloucestershire Core Strategy incorporating Post-

Submission Changes Dec 2011, states that:

‘Housing development is required to make efficient use of land, to conserve resources and maximise the amount of housing supplied, particularly in and around town centres and other locations where there is good pedestrian access to frequent public transport services.’

5.19 There would be 11 units on the 0.087ha site, which equates to a density of 126

dwellings per hectare. The high-density figure merely reflects the fact that the development would comprise 9no. flats and 2no. houses as opposed to all individual dwelling houses. Having regard to the size of the plot and the scale of the building proposed, officers consider that the proposed density would make the most efficient use of the site in this sustainable location and in this respect alone is not considered to be an overdevelopment of the site. A larger

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development than that proposed is not considered appropriate due to the various constraints of the site.

5.20 Officers consider that given the site’s location close to Kingswood Town Centre,

where higher density development is to be expected, and the fact that the site is in a highly sustainable location on Hill Street, with its nearby shopping areas and regular bus routes, the site is capable of accommodating a development of the density proposed. Similar apartment blocks, interspersed between older housing and commercial properties, are to be found within the wider locality. The density is therefore considered to be acceptable.

5.21 Scale and Design Policy D1 of the South Gloucestershire Local Plan (Adopted) 6th January 2006

requires a good standard of design, in particular the siting, layout, form, scale, height, detailing, colour and materials should be informed by, respect and enhance the character, distinctiveness and amenity of both the site and the locality. The South Gloucestershire Core Strategy incorporating Post Submission Changes Dec 2011 is nearing its examination in public and Policy CS1 is also a material consideration; this policy for most part replicates the criteria contained in Policy D1

5.22 PPS1 (para. 38) in addressing design issues states that:-

“Local planning authorities should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary planning documents on design.”

5.23 The locality already exhibits a mix of old and modern, residential and

commercial properties. The older buildings include the two-storey Victorian terraces situated along Hill Street, of which no.4 is one, and the three-storey terraces to the east, of which no.2 is one. The existing pub building, although old, does not really conform to the more established vernacular and as such is not noted for its architectural quality, which probably accounts for its lack of any listing.

5.24 Officers have considered the proposal in the context of the local architectural

vernacular. The locality has an edge of Town Centre character but does not exhibit a strong local distinctiveness supported by any supplementary planning documents; neither is the locality a Conservation Area. The proposed layout contains a building with a footprint that is approximately the same area and position as the existing site arrangement. The scheme provides a design that is sympathetic to the established Hill Street frontage and draws upon a number of features that are commonly found on surrounding properties e.g. pennant sandstone walling, detailing of natural stone or quoins, string course and door or window surrounds, terracotta roof tiles, dormer windows etc.

5.25 The mixed nature of the scheme retaining an active frontage to Hill Street and

range of size of dwelling units is appropriate. The building line, which retains a

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frontage to Hill Street stepping back slightly from no.2 and again towards that of no.4 is also welcomed. The apartment block, although greater in scale than the existing pub is of a comparative scale to no.2 Hill Street. It is also reduced to 2.5 storeys adjacent to no.4.

5.26 The applicant has indicated that the development would be constructed to a

high standard of resource and energy efficiency to ensure that a standard of Level 4 of the Code for Sustainable Homes is achieved, which accords with the requirements of The South Gloucestershire Council Design Checklist (SPD). On balance therefore the scale and design is considered to be acceptable.

5.27 Impact Upon Residential Amenity

Officers consider that whilst it is perfectly normal for buildings to be in close proximity to each other in densely populated urban locations, careful consideration still needs to be given as to the impact of the development on the residential amenities of neighbours and future occupiers alike.

5.28 For prospective occupiers of the proposed houses, enclosed patio areas are

provided. Within the grounds there would also be a communal amenity space area. For the occupants of the flats, some amenity space would be provided on the proposed roof terrace (for flat 2) and balconies, which accords with Q16 of the South Gloucestershire Council Design Checklist (SPD). Given however the very sustainable location of the site, only a short walk from Kingswood Park and Town Centre, with its variety of leisure facilities, the amount of amenity space provision is considered to be acceptable.

5.29 Some concerns have been raised by the occupiers of no.4 Hill Street about the

scale and proximity of the proposed building to their property and the implications in terms of loss of light, overshadowing and overbearing impact, particularly given that there are windows in the facing side elevation of no.4 that serve a dining room and kitchen at ground floor level and a bedroom at first floor level.

5.30 As these windows face west, and are set fairly low on the elevation, they are to

some extent, already affected by the existing pub building and three-storey terrace beyond. The main side elevation of the proposed 4-storey element would be set back some 9m from the facing windows in no.2, but the existing flank elevation of the pub is only 4-6m away. Given the presence of no.2 it is unlikely that much direct light would reach the windows from the west, so the presence of the 4-storey element is on balance unlikely to alter this situation. The 2.5 storey element has been carefully located so that it is not directly opposite the windows. The proposed houses are located much where the existing skittle alley is located. Officers consider that whilst the overall massing of the proposed development would be larger than the existing pub building, it would not be so overbearing as to justify refusal of planning permission. Furthermore, given that the windows affected in no.4 are side windows, an adequate amount of daylight would still be available to them

5.31 Given the proximity of the neighbouring residential properties in both Hill Street

and Woodstock Road, issues of overlooking or inter-visibility between habitable room windows needs to be considered. The Council’s adopted Supplementary

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Planning Guidance has traditionally required a minimum of 21m between facing habitable room windows, and 12m between a blank elevation and a habitable room window. The SPG notes were however drafted nearly 20 years ago and in the current policy climate of higher density development, these standards are becoming ever more dated. Given that the site lies within a Town Centre location, where properties are normally in much closer proximity to each other, officers consider that the proposed amenity distances are adequate. Furthermore, all of the proposed windows, in the eastern elevation of the proposed development, which face the windows in the side of no.4, would all be obscurely glazed and this can be secured by condition. There would therefore be no significant loss of privacy due to inter-visibility between habitable room windows.

5.32 Regarding the issue of overlooking and loss of privacy, officers consider that

some overlooking of neighbouring property is only to be expected in urban areas and provided that any overlooking from new developments is from a reasonable distance, this should not be justification for refusal of planning permission. With government guidelines supporting the most efficient use of land in sustainable urban locations (such as this) some loss of privacy from overlooking is considered to be inevitable. In this case the front and rear windows in the proposed building would be adequately set back from the properties that they overlook. The roof terrace for flat 2 is well enclosed and offers no opportunity to overlook neighbouring property. On balance therefore, the proposed scheme would not result in a significant loss of privacy for neighbouring occupiers due to overlooking.

5.33 Concerns have also been raised by the occupant of no.4 Hill Street about loss

of privacy and security to result from the communal entrance, as well as noise disturbance from vehicles using the driveway and parking areas to the rear.

5.34 The communal entrance lies within the open-sided under-croft. Officers are

mindful that the site lies next to Hill Street, which is a main road leading into Kingswood. There is already a driveway immediately next to no.4, albeit that it only leads to a single garage; this driveway, is currently accessible to users of the public house. Officers consider that given the existing situation, the level of security for no.4 would not be compromised; indeed the level of passive surveillance may be enhanced. During their site visit, officers experienced a high level of background noise from the traffic on Hill Street, which no doubt persists well into the evening given that the road is a main route into Kingswood and beyond. Furthermore, any noise disturbance to emanate from the proposal must also be compared with the potential noise generated from the pub garden, which is likely to be significant during the Summer months.

5.35 The rear gardens of no.4 Hill Street and no. 2a Woodstock Road bound the

application site to the east but are well enclosed by a high wall. Parking would be introduced to the rear of the site and adjacent to the boundary wall. This however is no different to many parking courts to be found in flatted schemes within the urban area. Whilst there would be some disturbance during the demolition and construction phases of the development, this would be on a temporary basis only and the hours of working could be controlled by condition. The scheme would be the subject of building control and damage to

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neighbouring property would be a civil matter between the developer and neighbouring occupier. The impact on property values is not currently a material consideration in the determination of planning applications and any connection to a party wall falls to be assessed under The Party Wall Act as opposed to the Planning Act. On balance officers are satisfied that neighbouring occupiers would not experience a significant level of disturbance over and above that which already occurs.

5.36 The proposed flats would be sold on the open market and would provide a

valuable contribution to the low cost open market housing stock, which is increasingly in demand by single people or first time buyers. Any excessive noise issues emanating from future occupants would be subject to the usual controls under Environmental Protection Legislation. Building control would ensure adequate insulation between the individual flats.

5.37 Having regard to the above, officers conclude that there would be no significant

adverse impact on residential amenity. 5.38 Archaeology and Conservation Issues

The Highwayman is recorded on the South Gloucestershire Historic Environment Record as an unregistered Heritage Asset, although never assessed for local listing it would appear that the building is unlikely to qualify for inclusion in its present form, however the Highwayman is worthy of recording as an example of this class of building. The application area lies within what is an area of late medieval to early post medieval settlement and significant archaeological structures and deposits may survive within the application area. The medieval and early medieval development of this part of Kingswood is not well understood and a watching brief may help clarify this matter. In view of the local interest of the building as an unregistered heritage asset the building should also be subject to limited photographic recording prior to demolition. These matters can be secured by condition.

5.39 Transportation

The site is located on the A420 Hill Street almost opposite the junction of Honey Hill Road. The site benefits from an existing vehicular access onto the public highway and there is good visibility from this access.

5.40 The proposed site layout retains the existing access into and out of the site. As

part of the scheme, a designated pedestrian footpath would also be provided that runs from the front of the site to the rear at a minimum width of 1.2m. This footpath provides a safe and defined route to allow pedestrians to access the entrance of all the residential units as well as the shop and into the car parking areas behind.

5.41 The vehicular access into the site would be 5m wide and would be located

alongside the new building. This access arrangement is considered adequate and it can accommodate two cars to pass each other at the site entrance.

5.42 Some local residents have objected to the application on the basis of

insufficient parking provision. In this respect, it must be noted that a total of 15no. parking bays are provided through the site. With the exception of three

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bays, all spaces would be allocated as residential parking. Two spaces would be allocated to the commercial unit (with the opportunity for residents to use these bays outside of working hours) and one further bay would be allocated for visitors. At officer request parking bays 12-15 have been increased in length to 6m in order to comply with ‘Manual for Streets’ guidance. The parking provision as proposed is in accordance with the Council’s maximum parking standards as outlined in Policy T8 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006. In addition, the applicant also provides cycle parking for the development in line with Local Plan Policy T7.

5.43 The site lies in a sustainable location, close to a range of facilities and on a

main bus route, with bus stops close by. 5.44 Subject to conditions to secure the access, off-street parking and turning

facilities and cycle parking prior to first occupation, there are no highway objections. In highway terms the proposal accords with Policies T7, T8, T12, H2 and RT8 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

5.45 Landscaping and Tree Issues

There is no vegetation within the site that is of such significance that it requires protection or retention. Existing poplar trees and shrubs are located close to the south-eastern and southern boundary of the site respectively but these lie within land outside the applicant’s control. These trees and shrubs lie adjacent to the proposed parking areas and would not affect the proposed houses. The Council’s Tree Officer has previously inspected the trees and concluded that they are poor specimens not worthy of Tree Preservation Order.

5.46 A landscape plan has been submitted which shows some new planting within

the site. Incorporated within the scheme are raised vegetable planters and fruit trees which accords with emerging Policy CS1 (6). The site is not considered to be an important open space to be protected under Local Plan Policy L5. Subject to a condition to secure a 1:200 scale, planting plan to show the size, type and species of all new planting, there are no landscape objections. The proposal therefore accords with Policies L1, L5 and D1 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006 and Policy CS1 of The South Gloucestershire Core Strategy incorporating Post-Submission Changes Dec 2011.

5.47 Drainage Issues

The Council’s Drainage Engineer has raised no objections to the principle of the development, which would also be the subject of Building Control. An appropriate condition would secure the submission of a scheme of drainage to include SUDS in accordance with Local Plan Policies EP1, EP2, L17 & L18. Concerns have been raised by local residents about the ability of the sewage system to cope with the development. Since Oct. 2011 Wessex Water have adopted all private sewers and the applicant will need to secure permission from Wessex Water to connect to the sewage system; this is separate legislation to the Planning Act.

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5.48 Environmental Issues Policy EP1 does not permit development that would unacceptably harm the environment, or the health, safety and amenity of users of the site or surrounding land, as a result of pollution to water, air or soil, or through noise, vibration, light, heat or radiation. These matters are generally covered by normal Environmental Health legislation rather than by the planning process. In the interests of residential amenity however, a restriction on the hours of working on the site during the demolition and development phases, would be secured by condition.

5.49 The proposed development lies close (within 715m) to the boundary of the declared Air Quality Management Area in Kingswood Town Centre (along Regent Street) but not within it. As such, officers consider that it would be unreasonable to impose additional conditions in mitigation to air quality, as these would not meet the tests of Circular 11/95.

5.50 It is now a requirement of the Coal Authority that, where sites lie in certain

areas of previous Coal Mining that applications be supported by a Coal Mining Risk Assessment. Up to date advice has been provided by the Coal Authority in response to the submitted risk assessment. Given the presence of a mine entry within 20m of the site and likely shallow workings, the Coal Authority advise that an additional condition be added to require site investigation works prior to the commencement of development together with a programme of works of mitigation, should these be required, in accordance with Policy EP7.

5.51 The re-cycling facility and bin stores for both the residential and commercial

elements of the scheme are appropriate in size and would all be enclosed within the building and concealed behind louvred doors. Being located to the west of the access the waste storage facilities are considered to be an adequate distance from neighbouring no.4 Hill Street.

5.52 Ecology

The site is not covered by any statutory or non-statutory nature conservation designations. Subject to standard informatives relating to nesting birds and roosting bats, there are no ecological constraints to granting permission.

5.53 Community Services In order to mitigate for the extra population created by the proposed development, the following contributions towards community services are requested:

Cat 1 formal open space offsite contribution £16,242.10 Cat 2 equipped children’s play space offsite contribution £10,235.60 Cat 3 unequipped children’s play space offsite contribution £1,508.84 -------------- Total Requirement £27,986.54

---------------

Contributions towards enhancements at Kingswood Library £1,435.50

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The enhancements would be carried out within 1.2km of the development where feasible and are likely to be spent on Southey Playing Fields and Kingswood Park.

5.54 Education

A contribution of £10,466.00p is required towards the provision of one additional primary school place. There is a projected surplus of secondary school provision in the locality.

5.55 Affordable Housing The site area is below 0.5 hectares and the proposed number of units (14) is below local and national policy guidance on the threshold for requiring affordable housing (15). There is therefore no requirement for the provision of affordable housing in this case.

5.56 Within The South Gloucestershire Core Strategy incorporating Post-

Submission Changes Dec 2011 the affordable housing policy includes a reduced threshold of 10 dwellings in urban areas and a requirement for 35% affordable housing. For development control purposes, officers will continue to apply SGLP Policy H6, pending the Core Strategy EiP and receipt of the Inspector's report, for schemes below 15 dwellings in urban areas. In the event planning permission is granted and the applicant decides to apply for a change of use of the proposed A1 unit to residential use at a later date, this increase in residential unit/s would have to be considered as part of the overall site subject of this application for the purposes of affordable housing threshold and not considered in isolation, and may be assessed against the Core Strategy, depending what stage it has reached.

5.57 In addition, should any adjoining land come forward for residential development

that would be developed in tandem with the application site, then this would be assessed in conjunction with the current application for the purposes of determining whether the scheme falls above the affordable housing threshold. This relates to the issue of subdivision of sites as set out under paragraph 8.196 of Policy H6 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006 and section 4.1 of the adopted Affordable Housing SPD which states: “Where it is proposed to phase development, sub-divide sites or where there is a reasonable prospect of adjoining land being developed for residential purposes in tandem, the Council, will take the whole site for the purpose of determining whether the scheme falls above or below the thresholds”

6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase

Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise. The obligations set out below meet Regulation 122 of the CIL Tests (statutory) and the tests set out in Circular 05/05 and without them the scheme would not be acceptable.

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The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority is not in conflict with the following policies or adopted Supplementary Planning Guidance when read in conjunction with the planning conditions imposed.

a) Due to its scale and position in relation to the adjacent dwellings, the

proposed building is not considered to give rise to a material loss of amenity to the adjacent occupiers. The development therefore accords to Policy H2, RT8 and D1 of the South Gloucestershire Local Plan (Adopted) January 2006.

b) The proposal is considered to be acceptable in highway safety terms and provides adequate parking provision in accord with Policies T7, T8, T12 and RT8 of the South Gloucestershire Local Plan (Adopted) January 2006.

c) The proposal is considered not to result in direct or indirect impact on trees and other important landscape features within or adjacent to the site. Neither is the site an important open space. The proposal therefore accords with Policies L1 and L5 of the South Gloucestershire Local Plan (Adopted) January 2006 in this respect.

d) The proposal is considered to achieve a density in keeping with local character. As such the proposal accords with Policy H2 of the South Gloucestershire Local Plan (Adopted) January 2006 in this respect.

e) Suitable mitigation measures will be provided to ensure existing open space in the area is maintained and enhanced to meet the needs of local residents. The application therefore complies with the requirements of Polices D1, L5, H2, and LC8 of the South Gloucestershire Local Plan (Adopted).

f) The application demonstrates that it will not result in any adverse flooding or drainage effects in accordance with the requirements of Policy EP1, EP2, L17 & L18 of the South Gloucestershire Local Plan (Adopted) January 2006.

g) Consideration has been given to the need or otherwise to provide an affordable homes contribution in accordance with Policy H6 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

h) Consideration has been given to the need or otherwise to provide a contribution to education facilities in accordance with Policy LC4 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

i) The environmental aspects of the scheme have been considered in relation to the sites past coal mining history in accordance with Policy EP7 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

j) Consideration has been given to the archaeological implications of the proposal in accordance with Policy L11 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

k) Consideration has been given to the viability of the existing business and availability of alternative facilities in accordance with Policy RT11 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

l) Consideration has been given to the impact of the proposed shop unit on the viability of the Town Centre and any Local Centre in accordance with Policy RT8 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

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6.2 The recommendation to grant planning permission has been taken having

regard to the policies and proposals in the South Gloucestershire Local Plan (Adopted) 6th January 2006 set out above, and to all the relevant material considerations set out in the report.

7. RECOMMENDATION 7.1 (1) That authority be delegated to the Director of Planning, Transportation &

Strategic Environment to grant planning permission, subject to the conditions set out below and the applicant first voluntarily entering into an Agreement under Section 106 of the Town & Country Planning Act 1990 (as amended) to secure the following:

(i) A contribution of £16,242.10 towards the provision and 15 year maintenance of off-site Category 1 formal open space to cater for the increased usage as a result of this development.

(ii) A contribution of £10,235.60 towards the provision and 15 year maintenance of

off-site Category 2 equipped children’s play space to cater for the increased usage as a result of this development.

(iii) A contribution of £1,508.84 towards the provision and 15 year maintenance of

off-site Category 3 equipped children’s play space to cater for the increased usage as a result of this development.

The total open space sum of £27,986.54p would be index-linked; it is intended to spend the monies on facilities within 1.2km of the development where feasible and are likely to be spent on Southey Playing Fields and Kingswood Park.

(iv) A contribution of £1,435.50 towards enhancements at Kingswood Library. (v) A contribution of £10,466.00 towards the provision of one additional primary

school place to cater for the increased demand on education facilities as a result of the development.

(vi) A S106 monitoring fee to the value of 4% of the total contributions, which in this

case equates to £1598.46. The reasons for this Agreement are: (i) To ensure the adequate provision and maintenance of Category 1 Formal

Open Space facilities within the vicinity of the development having regard to the increased population generated by the development, in accordance with Policy LC8 of the South Gloucestershire Local Plan (Adopted) 6th January 2006.

(ii) To ensure the adequate provision and maintenance of Equipped Category 2

Children’s Play Space within the vicinity of the development having regard to the increased population generated by the development, in accordance with

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Policy LC8 of the South Gloucestershire Local Plan (Adopted) 6th January 2006.

(iii) To ensure the adequate provision and maintenance of Equipped Category 2

Children’s Play Space within the vicinity of the development having regard to the increased population generated by the development, in accordance with Policy LC8 of the South Gloucestershire Local Plan (Adopted) 6th January 2006.

(iv) To ensure adequate Library provision at Kingswood Library having regard to

the increased population generated by the development, in accordance with Policy LC1 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

(v) To ensure adequate provision of education facilities within the vicinity of the

development having regard to the increased population generated by the development, in accordance with Policy LC2 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

(vi) To cover the Council’s costs of monitoring the S106 Agreement.

(2) That the Head of Legal & Democratic Services be authorised to prepare and seal the agreement.

(3) If the S106 Agreement is not signed and sealed within 6 months of this

determination then, in view of the length of time, the application should either:

a) Be returned to the Development Control Area Committee for reconsideration;

Or b) The application should be refused due to the failure to secure the Heads

of Terms listed above under a Section 106 Agreement, for the reason listed.

Contact Officer: Roger Hemming Tel. No. 01454 863537 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

1990 (as amended). 2. Notwithstanding the provisions of Schedule 2 of the Town & Country Planning

(General Permitted Development) Order 1995 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development as specified in Part 1 (Classes A, B, D, E) or any minor operations as specified in Part 2 (Class A)

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other than such development or operations indicated on the plans hereby approved, shall be carried out without the prior written consent of the Local Planning Authority.

Reason In the interests of visual and residential amenity given the restricted size of the plots

and to accord with Policies D1 and H2 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

3. No development shall take place until drainage details proposals incorporating

Sustainable Drainage Systems (SUDS) and confirmation of hydrological conditions (eg soil permeability, watercourses) within the development have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and before the development is first occupied..

Reason To ensure that a satisfactory means of drainage is provided, and to accord with

Policies L17/L18/EP1/EP2 of the South Gloucestershire Local Plan (Adopted) January 2006.

4. The hours of working on the site for the period of construction of the development

hereby approved, shall be restricted to 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 Saturday and no working shall take place on Sundays or Public Holidays. The term 'working' shall, for the purpose of clarification of this condition include: the use of any plant or machinery (mechanical or other), the carrying out of any maintenance/cleaning work on any plant or machinery deliveries to the site and the movement of vehicles within the curtilage of site. Any use of the site outside these hours shall have the prior written consent of the Local Planning Authority.

Reason To protect the amenities of the occupiers of nearby dwelling houses, and to accord

with Policies EP1 and H2 of the South Gloucestershire Local Plan (Adopted) January 2006.

5. Before the development hereby permitted is commenced, details of the proposed

finished floor levels of the buildings relative to existing ground levels shall be submitted to and approved in writing by the Local Planning Authority.

Reason To ensure that the development would, in terms of scale and massing, respect the

character and visual amenity of the location in accordance with Policy D1 of the South Gloucestershire Local Plan (Adopted) January 2006.

6. Prior to the commencement of the development hereby permitted, samples/details of

the materials to be used on the external surfaces of the buildings, including roof tiles, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in full accordance with the details so approved.

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Reason To ensure a satisfactory standard of external appearance and to accord with Policy

D1 of the South Gloucestershire Local Plan (Adopted) January 2006, Policy CS1 of The South Gloucestershire Core Strategy incorporating Post Submission Changes Draft Dec 2011 and The Sourth Gloucestershire Design Check List (SPD) Adopted August 2007.

7. Prior to the first occupation of the development hereby permitted, the access

arrangements as indicated on the approved Proposed Site Layout _ Roof Block Plan Drawing no. 1027-05 Rev B shall be provided and maintained as such thereafter.

Reason In the interests of highway safety, and to accord with Policy T12 of the South

Gloucestershire Local Plan (Adopted) January 2006. 8. The off-street parking (for all vehicles including cycles) and turning facilities shown on

the Proposed Site Layout _ Roof Block Plan Drawing No. 1027-05 Rev B hereby approved, shall be provided before the buildings are first occupied, and thereafter used only in conjunction with the buildings' purpose.

Reason To provide adequate off-street parking and turning provision and in the interests of

highway safety in accordance with Policies T7, T8 and T12 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

9. Prior to the commencement of development a 1:200 scale Landscape Plan, which

shall include details of all proposed planting (and times of planting) and boundary treatments, shall be submitted to the Local Planning Authority for approval. Development shall be carried out in accordance with the agreed details.

Reason To protect the character and appearance of the area to accord with Policies

D1/L1/RT8 of the South Gloucestershire Local Plan (Adopted) January 2006. 10. Prior to the use or occupation of the flats and houses hereby permitted, and at all

times thereafter, the proposed windows (including stairwells) on the east facing elevations; shall be glazed with obscure glass to level 3 standard or above with any opening part of the window being above 1.7m above the floor of the room in which it is installed’.

Reason To protect residential amenity and to accord with Policies D1, H2 and RT8 of The

South Gloucestershire Local Plan (Adopted) 6th Jan 2006. 11. Prior to the commencement of the works to demolish the existing building hereby

approved, a detailed photographic record of the building shall be submitted to and agreed in writing by the Local Planning Authority. Two "original" paper copies and one CD digital copy of the agreed schedule must be given to the Council.

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Reason In the interest of archaeological investigation or recording, and to accord with Policy

L11 of the South Gloucestershire Local Plan (Adopted) January 2006. 12. The developer shall appoint an archaeological contractor not less than three weeks

prior to the commencement of any ground disturbance on site, and shall afford him or other archaeologist nominated by the Local Planning Authority access at all reasonable times in order to observe the excavations and record archaeological remains uncovered during the work. This work is to be carried out in accordance with the attached brief.

Reason In the interest of archaeological investigation or recording, and to accord with Policy

L11 of the South Gloucestershire Local Plan (Adopted) January 2006. 13. Prior to the commencement of the development a Waste Management Audit shall be

submitted to and approved by the Local Planning Authority in writing. The Waste Management Audit shall include details of:

(a) The volume and nature of the waste which will be generated through the demolition and/or excavation process.

(b) The volume of that waste which will be utilised within the site in establishing pre-construction levels, landscaping features, noise attenuation mounds etc.

(c) Proposals for re-cycling/recovering materials of value from the waste not used in schemes identified in (b), including as appropriate proposals for the production of secondary aggregates on the site using mobile screen plant.

(d) The volume of additional fill material which may be required to achieve, for example, permitted ground contours or the surcharging of land prior to construction.

(e) The probable destination of that waste which needs to be removed from the site and the steps that have been taken to identify a productive use for it as an alternative to landfill.

The approved works shall subsequently be carried out in accordance with the agree details.

Reason To accord with the Council's adopted Waste Management Strategy, and to accord

with Policy EP1 of the South Gloucestershire Local Plan (Adopted) January 6th 2006 and Policy 37 of the South Gloucestershire Minerals and Waste Local Plan (Adopted) May 2002.

14. Prior to the commencement of the development hereby approved, site investigation

works shall be carried in accordance with the approved Coal Mining Risk Assessment. In the event that the site investigations confirm the need for remedial works to treat any mine entries and/or areas of shallow mine workings these works shall be carried out prior to the commencement of the development.

Reason To ensure the safety and stability of the proposed development having regard to past

Coal Mining within the area and to accord with Policy EP7 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

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15. The retail shop unit (A1) hereby approved shall only be open to customers between 09.00hrs to 18.00hrs Monday to Saturday inclusive, with no opening on Sundays and Bank Holidays.

Reason In the interests of residential amenity and to accord with Policy RT8 of The South

Gloucestershire Local Plan (Adopted) 6th Jan 2006.

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ITEM 2 CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PK11/3932/F Applicant: Mr M Stone Site: 11 Lovell Avenue Oldland Common

South Gloucestershire BS30 9TE Date Reg: 11th January 2012

Proposal: Erection of 1 no. attached dwelling with

associated works (resubmission of PK11/2244/F).

Parish: Bitton Parish Council

Map Ref: 367628 171527 Ward: Oldland Common Application Category:

Minor Target Date:

17th February 2012

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

100023410, 2008. N.T.S. PK11/3932/F

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REASON FOR REPORTING TO CIRCULATED SCHEDULE This application appears on the Circulated Schedule as representations have been received contrary to the officer’s recommendation. 1. THE PROPOSAL

1.1 This planning application seeks planning for the erection of a two storey side

extension and attached single storey side extension to create a two bedroom self contained dwelling with access and associated works. This application is a resubmission of a previously refused application, (Ref PK11/2244/F) which was refused on 8 September 2011.

1.2 The application site relates to a two storey semi detached dwelling within the

built up residential area of Bitton.

2. POLICY CONTEXT 2.1 National Guidance PPS1 Delivering Sustainable development

PPS3 Housing 2.2 Development Plans

South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design in New Development H2 Residential Development within the Urban Area H4 Development within Existing Residential Curtilages, Including

Extensions and New Dwellings T8 Parking Standards T12 Transportation Development Control Policy EP1 Environmental Protection L17 & L18 The Water Environment December 2011 Core Strategy incorporating Post-Submission Changes CS1 High Quality Design CS16 Housing Density CS17 Housing Diversity

2.3 Supplementary Planning Guidance

Design Checklist

3. RELEVANT PLANNING HISTORY 3.1 PK11/2244/F Erection of two storey and single story side extension to

form 1no. attached dwelling with access and associated works

Refused 8 September 2011

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3.2 PK10/1302/F Erection of two storey side extension, attached single

garage and erection of single storey front extension Approved July 2010 3.3 PK10/0721/F Erection of two storey side extension, attached single

garage and erection of single storey front extension Withdrawn May 2010 3.4 K2400/1 Erection of front porch March 1994 3.5 K2400 Erection of single garage Approved September 1978

4. CONSULTATION RESPONSES

4.1 Bitton Parish/Town Council

Councillors expressed concern for safety over the parking arrangements and egress onto Lovell Avenue and hence to High Street (A4175). They had no objections to the provision of a separate dwelling at the site.

4.2 Other Consultees

Drainage No objection- Addressed in detail below.

Transportation Issues

No objection. Addressed in detail below.

Environmental Protection No objection subject to conditions regarding construction practices being placed on the decision notice.

Other Representations

4.3 Local Residents

Two letters have been received from local residents regarding the proposed development. One letter raises no objection to the principle of a dwelling but does raise some concerns. The other raises the following objections. The objections received have been summarised as follows: Demolition of a garage and driveway will increase traffic congestion Car parking within Lovell Close will be reduced due to new driveway access

which is already restricted due to new double yellow lines. 5. ANALYSIS OF PROPOSAL

5.1 Principle of Development

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Policies H2 and H4 of the South Gloucestershire Local Plan allows for residential development within existing urban areas and existing residential domestic curtilages subject to a number of criteria being satisfied.

5.2 Whilst it is acknowledged that PPS3 no longer classes domestic garden land as

previously developed land this does not preclude the principle of residential development. As this site is within the established urban area of Bitton, Policies H2 and H4 accept the principle of residential development subject to a number of criteria being satisfied in particular landscape character.

5.3 Material to this application is a recent planning approval on this site for a two

storey side extension and an attached single storey side garage which is of a similar scale and design to the proposed dwelling (Ref PK10/1302/F).

5.4 A recent application (PK11/2244/F) for a similar proposal for an attached

dwelling on this site was refused on the following grounds:

The proposed dwelling by reason of it siting and first floor rear bedroom window if allowed would allow for overlooking into No.137 High Street first floor bedroom window, which would result in loss of privacy to the detriment of residential amenity and would be contrary to Policy H4 of the adopted South Gloucestershire Local Plan (January 2006).

And The proposed rear garden for the new dwelling by reason of its size and configuration is considered substandard and cramped and if allowed would result in unsatisfactory private amenity space for the future occupiers of this 2 bedroom dwelling which would be to the detriment of future residential amenity and would be contrary to Policy H2 of the adopted South Gloucestershire Local Plan (January 2006).

5.5 This revised application has sought to address the above by reducing the size

of the first floor rear bedroom window and changing it to obscure glazing. A new window is proposed on the side elevation to make up for the reduction in light. Additionally to create a larger garden the proposed single storey element of the proposed dwelling has been reduced in depth and both elements have been brought forward to the existing building line of the host dwelling resulting in a deeper rear garden.

5.6 Visual Amenity

The application site relates to a two-storey semi detached dwelling sited on the entrance of a cul-de-sac adjacent the High Street. This application proposes to demolish an existing single storey detached garage sited adjacent High Street, and replace it with a two storey side extension and an attached single side extension to create a 2no. bedroom dwelling.

5.7 The application site property is considered large scale in terms of width of 7.6

metre. This application proposes a 4.5 metre wide two storey side extension with attached single storey side extension of 3.0 metres in width. The extension has been designed to read as a subservient addition to the host dwelling by reason of its width and its stepped reduction in apex height. The previously refused application set back the extension from the existing front

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building line by 0.8 metres however due to the garden size restriction this has been pulled forward to match the existing building line. The two storey element of the extension will project 1.0 metre beyond the existing rear building line. The side elevation of the proposed two-storey side extension will generally follow the building line of properties fronting onto the High Street (105-135 High Street) and the adjacent public house (The Dolphin Inn). The proposed two-storey side extension is considered acceptable in terms of scale, design and materials. In addition the application proposes an attached single storey side extension measuring 3.0m in width. Although it is accepted this will project beyond the established building line, it is considered, as it is single storey it will not have a materially adverse impact on the visual amenities of the street scene.

5.8 It is considered that regard must be had for the scale of the original dwelling

and the subservient design of the proposed two-storey side extension and the extant planning permission for a similar scale development. On this basis it is considered the proposed two storey dwelling by reason of its scale, design and siting would not result in over development of the site or have a harmful impact on the character of the existing dwelling or on the visual amenities of the immediate street scene.

5.9 Residential Amenity

The nearest dwelling to that of the application site is a two storey detached dwelling (No.137 High Street) sited to the rear of the application site. The proposed dwelling will be sited closer to the adjoining side boundary of the front garden of no. 137. Officers refused a previous application for a two storey dwelling on this site (PK11/2244/F) due to concerns of overlooking to No. 137 High Street and also due to lack of garden amenity space. The current submission has reduced the size of the first floor rear bedroom window and changed it to obscure glazing. A new window is proposed on the side elevation to make up for the reduction in light to this room. The new window would overlook High Street and it is considered it would not cause a material loss of amenity from overlooking. If approved, a condition would be recommended to be attached requiring the rear window to be fixed shut with obscure glass to level 3 standard or above with any opening part of the window being above 1.7 metre above the floor of the room in which it is installed. Additionally a condition is recommended to be attached preventing the insertion of any new windows in the first floor rear elevation and to remove the property’s permitted development rights for alterations to roof (for example rear dormers). It is therefore considered that this would accord with Policies D1, H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006 and would overcome this refusal reason.

5.10 It is considered that satisfactory levels of private amenity space will be retained

for the existing 3-bedroom house. A previous application was refused on the grounds that it would have resulted in unsatisfactory private amenity space for the future occupiers of this 2 bedroom dwelling which would be to the detriment of future residential amenity. To create a larger garden the proposed dwelling has been brought forward to the existing front building line of the host dwelling. The rear projection of the two storey element has been reduced from 1.5

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metres from that of the host dwelling to 1.0 metre, and the rear projection of the single storey element has been by reduced from 1.5 metre to the same depth as the host dwelling. This has resulted in a deeper rear garden; the garden area for the proposed dwelling has been increased to 50 square metres. Although there is not a set minimum for garden space, it is considered that the proposal results in an acceptable size garden and therefore overcomes the refusal reason. To prevent the future reduction in amenity space for the proposed dwelling, it is recommended that a condition is attached removing the property’s permitted development rights for extensions and outbuildings. It is considered that the proposal accords with Policies D1, H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

5.11 Transportation Issues Concerns have been raised over the parking arrangements and the safety of

access and egress onto Lovell Avenue and hence to High Street (A4175). Objections have also been raised by a local resident regarding existing car parking within the close and the proposed car parking arrangements.

5.12 The Council’s Highways Officer has confirmed as four parking spaces are

provided within the curtilage of the site and appear to be angled to ensure vehicles to not exit directly onto the High Street, no highway objection is raised as satisfactory levels of on site car parking are provided in line with the Council’s maximum car parking standards and safe access will be provided. It is therefore considered that the application accords with Policies T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006.

5.13 The proposed plans show cycle storage. This will be conditioned to be installed

prior to the occupation of the new dwelling. It is therefore considered that the application accords with Policies T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006.

5.14 Street Care (Drainage and Mining)

No objection is raised on drainage grounds, subject to a condition being attached requiring the submission and approval of a satisfactory Sustainable Drainage Scheme for the site. Additionally, an informative will be attached regarding surface run-off and previous coal mining in the area.

6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase

Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

6.2 a) The proposed development has been designed to positively enhance the

character and appearance of the site and area taking account of materials, design, siting, height and scale of development, in accordance with Policy D1 of the South Gloucestershire Local Plan (Adopted) January 2006.

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b) The proposed development has fully taken account of neighbouring

residential amenities and thorough careful design and sitting, the proposals will not materially harm the amenities of neighbouring properties by reason of overbearing impact or loss of privacy in accordance with Policies H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

c) The proposal offers on site car parking provision and turning facilities in

accordance with Policies T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006.

d) Drainage details are to be submitted to and approved by the Local

Planning Authority to ensure satisfactory surface water drainage of the site and minimise the risk of flooding-in accordance with Policies EP1, L17 and L18 of the South Gloucestershire Local Plan (Adopted) January 2006.

6.3 The recommendation to grant permission has been taken having regard to the

policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

7. RECOMMENDATION

7.1 Planning permission be granted subject to the following conditions. Contact Officer: Elizabeth Dowse Tel. No. 01454 862217 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

1990 (as amended). 2. Prior to the commencement of development drainage detail proposals incorporating

Sustainable Drainage Systems SUDS and confirmation of hydrological conditions e.g. soil permeability, watercourses, mining culverts)within the development shall be submitted for approval in writing to the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason To ensure that a satisfactory means of drainage is provided, and to accord with

Policies EP1, EP2, L17 and L18 of the South Gloucestershire Local Plan (Adopted) January 2006.

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3. The drainage scheme approved, incorporating best management practices, shall

be implemented in accordance with the approved details before the development is occupied.

Reason To ensure that a satisfactory means of drainage is provided, and to accord

with Policies EP1, EP2, L17 & L18 of the South Gloucestershire Local Plan (Adopted) January 2006.

4. Any existing buildings on site should be assessed for asbestos materials prior to

demolition. Any asbestos must be removed in full consultation with the Health & Safety Executive.

Where the site is adjacent to residential or business premises, heavy plant, noisy

equipment or operations and deliveries, should not take place outside the hours of; Monday - Friday.........................7.30 – 18.00 Saturday......................................8.00 – 13.00. No noisy activities on Sundays or Bank Holidays. All plant and equipment should be suitably chosen, sited, operated and serviced so as

to minimise noise, vibration, fumes and dust. Best practical means should be employed to minimise potential nuisance to neighbouring properties. All plant should be turned off when not in use.

Pneumatic tools should be fitted with an integral silencer and/or purpose made

muffler, which is maintained in good repair. In periods of dry weather, dust control measures should be employed including wheel

washing and damping down. Any stockpiles of materials which are likely to give rise to windblown dust, shall be sheeted, wetted or so located as to minimise any potential nuisance.

Where the site is adjacent to residential or business premises, bonfires should be

avoided, and all waste materials should be removed from site and suitably disposed of. At no time should any material that is likely to produce dark/black smoke be burnt (eg. Plastics, rubber, treated wood, bitumen etc)

Radio noise should not be audible at the boundary of the nearest neighbouring

property. Any temporary oil storage tanks should be safely and securely sited so as to prevent

pollution in the events of spills or leakage. It is also strongly recommended that any oil storage tank should be surrounded by an impervious oil/watertight bund having a capacity of at least 110% of the tank.

Neighbouring residential premises should be advised of any unavoidable late night or

early morning working which may cause disturbance. Any such works should be

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notified to the Environmental Services Department on (01454) 868001 prior to commencement.

Reason To protect the amenities of the occupiers of nearby dwelling houses, and to

accord with Policy H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

5. The off-street parking facilities (for all vehicles, including cycles) shown on the

plan hereby approved shall be provided before the first dwelling is occupied, and thereafter retained for that purpose.

Reason To ensure the satisfactory provision of parking facilities and in the interest of highway

safety and the amenity of the area, and to accord with Policies T7, T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006

6. The glazing on the first floor rear elevation of the attached dwelling hereby approved

shall at all times be of obscured glass to a level 3 standard or above with any opening part of the window being above 1.7 metres above the floor of the room in which it is installed.

Reason To protect the privacy and amenity of neighbouring occupiers, and to accord with

Policies H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006. 7. No windows other than those shown on the plans hereby approved shall be inserted

at any time in the first floor rear elevation of the attached dwelling hereby approved.. Reason To protect the privacy and amenity of neighbouring occupiers, and to accord with

Policies H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006. 8. Notwithstanding the provisions of Schedule 2 of the Town & Country Planning

(General Permitted Development) Order 1995 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development as specified in Part 1 (Classes A, B, C, D and E) other than such development or operations indicated on the plans hereby approved, shall be carried out without the prior written consent of the Local Planning Authority.

Reason To protect the residential amenity of the occupiers of the dwelling and to protect the

privacy of the neighbouring occupiers and to accord with Policy H2 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

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ITEM 3 CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PK12/0007/F Applicant: Mr And Mrs I MillerSite: 55 Horse Street Chipping Sodbury

South Gloucestershire BS37 6DA Date Reg: 4th January 2012

Proposal: Erection of two storey and single storey

side extension to form additional living accommodation. (Resubmission of PK11/0546/F).

Parish: Sodbury Town Council

Map Ref: 373061 182119 Ward: Chipping Sodbury Application Category:

Householder Target Date:

23rd February 2012

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

100023410, 2008. N.T.S. PK12/0007/F

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REASON FOR REPORTING TO CIRCULATED SCHEDULE

This application has been forwarded to the Council’s Circulated Schedule of applications as representations have been received raising concerns contrary to the Officer recommendation.

1. THE PROPOSAL 1.1 The application site is situated in a central location within Chipping Sodbury on

the north side of Horse Street. The site is bounded by residential development on three sides with vehicular access onto Horse Street to the south. The site comprises a traditional two storey semi detached cottage with large detached garage to the side. The application site is situated within the Chipping Sodbury Conservation Area and within the settlement boundary of Yate and Chipping Sodbury as defined in the adopted Local Plan.

1.2 The application proposes erection of two storey and single storey side extension to form additional living accommodation.

This is a resubmission of PK11/0546/F.

2. POLICY CONTEXT

2.1 National Guidance PPS1 Delivering Sustainable Development PPS5 Planning and the Historic Environment

2.2 Development Plans

South Gloucestershire Local Plan (Adopted) January 2006 D1 Design H4 Development within Existing Residential Curtilages L12 Conservation Areas South Gloucestershire Core Strategy – Submission Draft December 2010 CS1 High Quality Design CS9 Environmental Resources and Built Heritage

2.3 Supplementary Planning Guidance/Documents South Gloucestershire Design Checklist – August 2007 Chipping Sodbury Conservation Area Statement SDP – Feb 2009

3. RELEVANT PLANNING HISTORY

3.1 N620/4 & N71/1/LBC Erection of porch and single storey side

extension to provide kitchen, lobby and bathroom. Construction of garage. Approved 12.07.1979

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3.2 N71/LBC Demolition of wooden and corrugated iron buildings. Approved 05.05.1977

3.3 P86/1837 Erection of single storey extension at rear to

form conservatory. Approved 16.07.1986

3.4 P93/2545 Erection of two storey rear extension to

provide dining room with bedroom above Approved 19.12.1993

3.5 P93/2546/C Demolition of rear wall of cottage to facilitate

erection of two storey rear extension Consent 19.12.1993

3.6 PK11/0546/F Erection of two storey and first floor side

extension to form additional living accommodation. Withdrawn

4. CONSULTATION RESPONSES

4.1 Sodbury Town Council No response received

4.2 Other Consultees [including internal consultees of the Council]

Conservation Officer - Archaeological Officer - The site lies within the Medieval Town of Chipping Sodbury where significant archaeological structures and deposits are likely to occur. The scale of the work is such that the loss of any significant archaeology can be mitigated by the use of a watching brief condition. Drainage Engineer – No objection. Informative related to proximity of build to sewage pipes required.

Other Representations

4.3 Local Residents One letter of objection received from the occupiers of 53A Horse Street raising the following concerns:

- The rear and side windows and in particular the rear dormer would overlook the front entrance of no.53a

- There is no need for two dormers in the rear elevation

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development

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Policy H4 of the South Gloucestershire Local Plan is supportive in principle of proposals for alterations and extensions to existing dwellings within their curtilage, providing that the design is acceptable and that there is no unacceptable impact on residential and visual amenity. Policy L12 accepts development within a Conservation Area only where it would preserve or enhance the character and appearance of the Conservation Area. The South Gloucestershire Core Strategy Development Plan Document was considered by the Inspector appointed to hold the Core Strategy Examination in Public and a refreshed Core Strategy that incorporates Post-Submission Changes was considered by the Council in mid December. Following this decision, the South Gloucestershire Core Strategy (incorporating Post-Submission Changes) December 2011 is currently being publicised for a seven week period ending 17th February 2012. Examination in Public will follow this consultation process. Whilst this document is a material consideration in the determination of planning applications, it will be afforded less weight than the adopted Development Plan at this stage.

5.2 Visual impact Application PK11/0546/F was withdrawn following concerns raised from Officers in relation to design. Officers were concerned by the scale, massing and proportions of the extension. The gable was unduly large and bland, and the proportions of the front elevation did not relate well to the proportions of the original cottage. The extension would have had an overbearing impact on the character and appearance of the cottage, to the detriment of the character and distinctiveness of the site and the contribution it makes to the character and appearance of the conservation area. A more modest extension was recommended. Following further discussions with the applicant the scheme has been amended changing the double piled arrangement to the extension by removing the front gabled element and replacing with a simple lean to single storey arrangement. This has significantly reduced the overall massing and scale of the development and resulted in a more modest and proportionate addition. Concerns were previously raised to application PK11/0546/F that the rear gabled element of the extension was oversized in comparison with the existing dwelling with a higher ridge for instance. The overall height of the rear gabled extension has not changed and the ridge remains slightly higher than existing. However, considering this matter in isolation having resolved all of the other concerns, the gable would be screened in the main by the existing garage, which is substantial in scale. This softens views of the gable from the west. The higher ridge, as it is stepped back from the front ridge would not be seen from ground level. Therefore overall it is considered by Officers that this part of the scheme does not raise sufficient concerns for there to be material harm in relation to visual amenity. The proposed dormer at the rear would be screened well from public views with only a glimpse afforded from the rear lane. As such it is considered that the proposal would preserve the character and appearance of the Conservation Area and respect the character distinctiveness and amenity of the surrounding area. As such it is considered that the design of the proposal accords with the criteria of Policies D1 and L12.

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5.3 Residential amenity

The proposal would provide a first floor bedroom on the west side of the dwelling. The bedroom would be lit by a new rear dormer (north) and side window (west). The existing dwelling has a rear dormer on the west side of the rear elevation and a side window. The proposal would retain a first floor window on the west (side) elevation but the position of the window would change moving 2.9m to the west. The window would be situated 2m closer to the front elevation of the dwelling at the rear (no.53a) than the existing side window. The angle of view from the side window to the windows in the front elevation of no. 53a would remain acute. It is therefore considered that the position and distance of the side window in relation to no.53a would not significantly change to the extent that the ability to overlook the windows in the front elevation of no.53a would materially increase. The proposed dormer in the rear roofslope would be situated 13m from the nearest first floor front bedroom window of no.53a. Unlike the side window, the angle of view between the facing windows of the proposed dormer and first floor bedroom of no.53a would be less acute. The occupiers of no.53a have raised concern, not exclusively but in particular to the proposed first floor dormer. Following receipt of these concerns, the applicant has offered to provide obscured glazing to the dormer window. A condition would be attached to this decision to ensure the window is obscurely glazed and remains so thereafter and that any opening would be positioned a minimum of 1.7m from (first floor) finish floor level. Subject to this condition the proposed dormer would result in no material loss of privacy to the adjacent occupiers. The proposed extension would be situated a minimum distance of 11m from no.53a to the north and 17m from no.49 to the west. This distance is considered to be sufficient to ensure the proposed extension would not prejudice the amenity of neighbouring occupiers in terms of loss of daylight/sunlight, overshadowing or overbearing/bulky development. The use of obscured glazing is considered not to prejudice visual amenity

5.4 Other issues The proposal would provide an additional bedroom increasing the number from two to three. This would require an additional parking space of street in accordance with the Council’s adopted parking standard. There is sufficient space within the site and ability to turn for 3 cars. As such the proposal accords with the adopted parking standard.

6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

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6.2 The recommendation to grant permission has been taken having regard to the

policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report. A summary of reasons for granting planning permission in accordance with article 22 of the town and country planning (general development procedure) order 1995 (as amended) is given below.

a) Due to the scale and position of the extension and the provision of obscured glazing, the proposed development is considered not to give rise to a material loss of amenity to the adjacent occupiers. The development therefore accords to Policy H4 and D1 of the South Gloucestershire Local Plan (Adopted) January 2006.

b) It has been assessed that the proposed extension has been designed to respect and maintain the massing, scale, proportions, materials and overall design and character of the street scene and locality. The proposal would preserve the character and appearance of the Conservation Area. The development therefore accords to Policies D1, H4 and L12 of the South Gloucestershire Local Plan (Adopted) January 2006 and the South Gloucestershire Design Checklist SPD (adopted) 2007.

7. RECOMMENDATION

7.1 Consent is GRANTED subject to the conditions and informatives as outlined in the attached decision notice:

Contact Officer: Sean Herbert Tel. No. 01454 863056 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

1990 (as amended). 2. The materials to be used in the construction of the external surfaces of the extension

hereby permitted shall match those used in the existing building. Reason To ensure a satisfactory standard of external appearance in the Chipping Sodbury

Conservation Area, and to accord with Policy D1 and Policy L12 of the South Gloucestershire Local Plan (Adopted) January 2006.

3. Prior to the use or occupation of the extension hereby permitted, and at all times

thereafter, the proposed first floor window (dormer) on the rear (north) elevation shall be glazed with obscure glass to level 3 standard or above with any opening part of the window being above 1.7m above the floor of the room in which it is installed.

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Reason To protect the privacy and amenity of neighbouring occupiers, and to accord with

Policy H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

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ITEM 4 CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PT12/0023/F Applicant: Mr G Parkhill Site: 47 St Davids Road Thornbury South

Gloucestershire BS35 2JF Date Reg: 9th January 2012

Proposal: Erection of 3 no detached dwellings

with new access and associated works. Parish: Thornbury Town

Council Map Ref: 364188 190260 Ward: Thornbury North Application Category:

Minor Target Date:

29th February 2012

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PT12/0023/F

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REASON FOR REPORTING TO CIRCULATED SCHEDULE This application appears on the Circulated Schedule as representations were made contrary to the Officer’s recommendation.

1. THE PROPOSAL 1.1 The applicant seeks full planning permission for the erection of 3 no detached

dwellings with new access and associated works.

1.2 The application site relates to a semi detached dwelling with its associated side and rear garden space. The site area is approximately 0.03 hectares and lies within the defined settlement boundary of Thornbury.

1.3 An amended block plan was submitted following Highway Officer’s concerns

regarding the amount of parking to be provided. 2. POLICY CONTEXT

2.1 National Guidance PPS1 Delivering Sustainable Development PPS3 Housing PPG13 Transport

Draft National Planning Policy Framework: Published 25 July 2011 Written Ministerial Statement: Previously Developed Land and Density (9 June 2010) Written Ministerial Statement: Planning for Growth (23 March 2011)

2.2 Development Plans

South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design EP1 Environmental Pollution H2 Proposals for Residential Development within the Defined

Settlement Boundaries H4 Development within Existing Residential Curtilage L1 Landscape Protection and Enhancement T8 Parking Standards T12 Transportation Development Control Policy for new

Development Emerging Development Plan

South Gloucestershire (December 2011) Core Strategy incorporating Post-Submission Changes

CS1 High Quality Design CS5 Location of Development CS15 Distribution of Housing CS16 Housing Density CS17 Housing Diversity

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CS32 Thornbury CS33 Housing Opportunity

2.3 Supplementary Planning Guidance South Gloucestershire Design Checklist (Adopted) 2007

3. RELEVANT PLANNING HISTORY

3.1 No relevant history.

4. CONSULTATION RESPONSES

4.1 Thornbury Town Council No objection.

4.2 Other Consultees

Transportation The proposed development should be refused on the grounds of inadequate parking provision for the proposed housing development as this level of intense development would be unsafe to other highway users and as such is not in accordance with Local Plan Policies H5 and T12.

Public Rights of Way No objection, the proposal is unlikely to affect the nearest public right of way. Drainage No objection subject to SUDS (Sustainable Drainage Systems) condition.

Other Representations

4.3 Local Residents Fifteen letters of objection were received raising the following concerns:

- Not enough off street parking provided - Pupils from Castle School walk past site, and traffic could be safety

hazard - Cars parked in front of proposed houses would be dangerous - Scheme is ‘garden grabbing’ - Development would be out of character with ‘open plan’ estate - Scheme would be cramped - Overlooking / loss of privacy - Overbearing impact - Height and mass of buildings would be out of keeping - Houses on pavement edge unprecedented - Excessive density - Development would cause noise and disturbance - Loss of trees/vegetation

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Two letters of support were received making the following observations:

- Proposal is well planned and aesthetically acceptable - Providing affordable housing and protecting the Green Belt

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development

The application site is situated within the defined settlement boundary of Thornbury, as shown on the South Gloucestershire Local Plan Proposal Maps (Adopted) January 2006. PPS3 (Housing), the Joint Replacement Structure Plan and Policies H2 and H4 of the Local Plan allows for new residential development within settlement boundaries and the curtilages of dwellings. On this basis the proposed development would be acceptable in principle.

5.2 PPS3 expects schemes to make an effective use of the site by achieving the maximum density compatible with the sites accessibility, environmental constraints, and its surroundings. The expectation under Policy H2 of the Local Plan states that all developments will achieve a minimum density of 30 dwellings per hectare.

5.3 Notwithstanding this policy context in June 2010 the Coalition Government issued a Ministerial Statement under the title of ‘New Powers for Local Authorities to Stop 'Garden Grabbing'’. The Ministerial Statement has raised some important points regarding the design and density of new residential development. Firstly the statement reiterated the need to ensure that residential development does not result in the overdevelopment of neighbourhoods, the loss of green space, and impact upon local character. These matters can be reasonably resisted on the basis of existing policies (D1, L5, H2, and H4) within the South Gloucestershire Local Plan.

5.4 The second point relates to the requirement in PPS3 for all new residential developments to achieve the national indicative density target of 30 dwellings per hectare. This policy objective was reflected in Policy H2(b) of the South Gloucestershire Local Plan which stated that the maximum density compatible with the sites location should be achieved, but with an expectation that it will achieve a minimum density of 30 dwellings per hectare. The Ministerial Statement has removed the requirement for new residential development to achieve the national indicative minimum density, and thus very limited weight should be given to Policy H2(b).

5.5 The remaining advice in PPS3 states “Good design is fundamental to using land efficiently…” (Para. 48) and “Careful attention to design is particularly important when chosen local strategy involves intensification of the existing urban fabric. However when well designed and built in the right location, it can enhance the character and quality of an area” (Para. 49). “Density is a measure of the number of dwelling that can be accommodated on a site or in an area. The density of existing development should not dictate that of new housing by

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stifling change or requiring replication of existing style or form. If done well, imaginative design and layout of new development can lead to a more efficient use of land without compromising the quality of the local environment.” (Para. 50)

5.6 On this basis in this application the need to achieve an efficient use of land is

still an important material consideration. However this need should be carefully balanced against the requirement to consider the character of the area and whether the proposal is good quality design. Policy D1 of the South Gloucestershire Local Plan recognises this, and density is one of the design factors that this policy requires to be assessed.

5.7 Density

The site area is approximately 0.03 hectares, and the provision of 3no. dwellings on the site would provide a density of approximately 100 dwellings per hectare. This is considered to be very high density for the location and the dwellings in nearby St Davids Road, Maple Avenue and Sycamore Drive sit in generous sized plots and as a consequence are of a much lower density. The 3no. dwellings proposed here are small 2-bedroom properties that have a contrived appearance sitting in small plot sizes. An insufficient amount of off street parking is provided for the dwellings and due to these issues it is considered the proposal represents a cramped form of development that should be refused accordingly.

5.8 Design / Visual Amenity

Siting and Overall Layout

5.9 St Davids Road, Maple Avenue and Sycamore Drive are characterised by

predominantly semi-detached dwellings set in fairly large plots. The estate has an open-plan feel to it, with low lying boundary treatment to the fronts of properties and soft landscaping to the edges / corners of the streets. The siting of 3no. detached dwellings at this location would be completely out of character with the pattern of development in the locality. The detached property to the side of no’s 45 and 47 St Davids Road would harm the visual appearance of this pair of semi detached properties and also erode the visual amenity provided by the open-plan nature of the open grassed area to the side of the property. The detached nature of the two properties in the rear garden would be unacceptable as they are also out of character with the semi detached nature of the estate and with the other proposed dwelling breach the building line to the eastern side of no. 47 St Davids Road making the development an obtrusive addition to the street scene. The poor layout comes as a direct result of an over development of the site.

Size, Scale and Massing

5.10 The over development of the site means that the size and scale of the proposal is not acceptable. Individually the dwellings are of a similar width but narrower depth than other nearby dwellings.

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Appearance, Detailing and Visual Impact

5.11 As mentioned in section 5.9 this estate is open-plan and there is an existing building line that is being breached. Therefore the impact of 3no. dwellings at this location is not acceptable in visual terms and would be detrimental to the street scene. This adverse visual impact is not aided by the design of the dwellings. The two detached dwellings to the rear are adjacent to the pavement and road and there is no precedent of this in the locality. Obviously this cannot really be overcome due to the constrained size of the site, further evidence of this over development of the site. There are some basic design problems with the scheme; the dwellings are detached, plot 1 is higher then no’s 45 and 47 St Davids Road, the fenestration of plot 1 bears no resemblance to no’s 45 and 47 St Davids Road, the render finish of no. 47 St Davids Road would not be replicated on plot 1, and the visual appearance (specifically fenestration) of plots 2 and 3 is poor due to the close proximity with dwellings to the rear. It is considered that this all adds up to a poorly devised scheme that would cause significant harm to the character of the original dwelling and the surrounding area.

5.12 Residential Amenity

Overbearing / Loss of Light

5.13 It is not considered there would be a significant demonstrable loss of light to neighbouring properties as a result of the proposed development. It is however considered that occupiers of no’s 45 and 47 St Davids Road would suffer from an unacceptable overbearing impact given the close proximity of plot 2 to the rear of these properties. It is noted that vegetation of 3.5 m in height exists on the party boundary between no. 45 St Davids Road and plot 2 however the new build is just 6 m away and 7.5 m in height. No 47 would be approximately 9 m away and the end of the rear garden just 2 m from the side elevation wall. These distances are considered small and not acceptable and the proposal should therefore be refused.

Overlooking / Privacy Analysis

5.14 First floor windows at the rears of plots 2 and 3 have been ‘designed out’ and

rooflights that would be slightly above eye level when viewing out have instead been proposed. This would ensure no undue overlooking into neighbouring windows to the rear.

Construction Period

5.15 Given the close proximity of the development to neighbouring dwellings a condition should be added to any approval limiting construction hours to reasonable daytime hours to protect amenity.

5.16 Transportation

The plans show that there are only four parking spaces allocated between three 2-bedroom properties and the existing 3-bedroom property. This is not

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considered to be a sufficient amount of off street parking and spaces that are provided are below the minimum acceptable standard for parking spaces that abut the highway edge and should be at least 5m long and 2.4m wide. The lack of adequate parking for this proposed development would be likely to generate on street parking and lead to vehicles being parked at or near to the junction of St Davids Road and Sycamore Drive and as such would create a safety hazard for other road users. In addition, the space allocated to the existing property (47 St Davids Road) is located such that there is no direct access between the car parking space and the property so there is a likelihood that the vehicle would be parked on St Davids Road close to the junction. Therefore, the application should be refused on the grounds of inadequate parking provision for the proposed development as this level of intense development would create on street parking issues and prejudice the safety of other highway users and as such is not in accordance with South Gloucestershire Local Plan Policies H2 and T12.

5.17 Landscape / Environmental Issues

There would be no adverse impacts in terms of landscape or the environment. The Council’s Drainage Engineer has requested a SUDS condition in the event of permission being granted.

6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

6.2 The recommendation to refuse permission has been taken having regard to the

policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

7. RECOMMENDATION

7.1 Planning permission is REFUSED for the reasons attached to the decision notice.

Contact Officer: William Collins Tel. No. 01454 863425 REASONS FOR REFUSAL 1. The proposal represents an over-development of the site which would be cramped in

appearance and have an unacceptable overbearing impact upon occupiers of no's 45 and 47 St David's Road, Thornbury and would also detract from the visual amenities of the area. The proposal is therefore contrary to Policies D1, H2 and H4 of the South

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Gloucestershire Local Plan (adopted) 2006, the South Gloucestershire Design Checklist (Adopted) 2007 and the provisions of PPS1 and PPS3.

2. The proposed development, if permitted would provide an unsatisfactory level of off-

street parking and would give rise to increased on-street parking to the detriment of highway safety. The proposal is therefore considered contrary to Policies T8 and T12 of the South Gloucestershire Local Plan (adopted) 2006 and the provisions of PPG13.

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ITEM 5 CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PT12/0025/F Applicant: Mrs G Hawkins Site: 10 Ley Lane Olveston South

Gloucestershire BS35 4DG Date Reg: 9th January 2012

Proposal: Erection of single storey rear extension

to form additional living accommodation.

Parish: Olveston Parish Council

Map Ref: 359947 187323 Ward: Severn Application Category:

Householder Target Date:

29th February 2012

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

100023410, 2008. N.T.S. PT12/0025/F

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REASON FOR REPORTING TO CIRCULATED SCHEDULE The officers recommendation conflicts with two objection letters. 1. THE PROPOSAL

1.1 This full application relates to the erection of a single storey rear extension. 1.2 This detached house is located within the green belt washed over settlement

boundary of Olveston and also with the Olveston Conservation Area. The proposal would be finished in materials to match the house.

2. POLICY CONTEXT

2.1 National Guidance PPS1 Delivering Sustainable Development PPS5 Planning for the Historic Environment

Draft National Planning Policy Framework

2.2 Development Plans South Gloucestershire Local Plan (Adopted) January 2006 D1 Design H4 Development Within Existing Residential Curtilages,

Including Extensions and New Dwellings T12 Transportation Development Control Policy for New

Development GB1 Green Belt L12 Conservation Areas

South Gloucestershire Core Strategy December 2011 incorporating Post-submission changes CS1 High Quality Design

2.3 Supplementary Planning Guidance South Gloucestershire Design Checklist (Adopted) August 2007 Development in the Green Belt SPD adopted May 2007

3. RELEVANT PLANNING HISTORY

3.1 None 4. CONSULTATION RESPONSES

4.1 Olveston Town Council No objection however the Parish does question why so many roof lights are

required and whether they area in keeping. 4.2 Wessex Water

Wessex Water advise that unrecorded formerly private sewers and lateral drains may be located with in the site. No building will be permitted within the

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statutory easement width of three metres from the pipeline without agreement from Wessex Water.

4.3 Drainage

Maintenance of these sewers are now the responsibility of Wessex Water and will therefore be subject to ‘building over’ or ‘building in close proximity to’ restrictions. The applicant or agent is recommended to discuss this matter with Wessex Water PLC.

. Other Representations

4.4 Local Residents

Objections have been raised from two households in relation to the following matters

� contrary to policy L12 adversely affecting the conservation area. � Proposal will be prominent in the street scene, especially when

viewed from Ley Lane. Size and scale plus roof lights will be intrusive and not in keeping wit the overall design of these properties.

� deviates from the building line, not compatible with house design and will adversely affect the character of the area and the residential amenity of the adjoining house.

� The proposal is within sight of the grade one listed church and therefore any extension should enhance the conservation area.

� A bedroom window faces directly onto the roofline of the six skylights and into the ground floor window of the proposed extension. Extension will be very close to Orchard Leigh the neighbouring house. Loss of privacy to Orchard Leigh.

� Ground is lower at Orchard Leigh and as such the extension will appear very domineering.

� Suggest downscaling and reducing the roof lights.

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development In assessing applications for residential extensions, planning policies D1 and

H4 of the adopted local plan are particularly relevant. Policy D1 is a general design policy and cites that development will only be permitted where good standards of site planning and design are achieved. In particular, proposals will be required to demonstrate that siting, overall massing, form, scale, height, detailing, colour and materials respect and enhance the amenity, character and distinctiveness of both the site and the locality. Policy H4 specifically relates to residential development, including extensions, and considers issues such as design, residential amenity and highway safety, Policy L12 also deals with design as the site is part of the Conservation Area. However before considering these matters consideration has to be given to Green Belt policy as this application is located within the Bristol/bath Green Belt.

5.2 Planning policy guidance Note 2 (PPG2) carries a presumption against

‘inappropriate development’ within the area designated as Green Belt. PPG 2 sets out that inappropriate development is harmful to the Green belt and goes

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on to set out that the construction of new buildings is inappropriate in the Green Belt unless it is for one of five defined purposes. One of these purposes is for the limited extension, alteration or replacement of an existing dwelling. Paragraph 3.6 of PPG2 states that ‘Provided that it does not result in disproportionate additions over and above the size of the original building, the extension or alteration of dwellings is not inappropriate in Green Belts’. Policy GB1 of the Local plan also seeks to resist inappropriate development. Both GB1 and the Councils adopted Supplementary Planning Guidance facilitate ‘Limited extensions that do not result in disproportionate additions over and above the size of the original building. Further guidance on what would be called disproportionate is found in page six of the Supplementary Planning Guidance. This clearly sets out that 30% is likely to be acceptable but that a volume increase of 50% or more would most likely be considered in excess of any reasonable interpretation of ‘limited extension’.

5.3 In this case the proposal would have a volume of less than 30% of the volume

of the original house and as such is considered an proportionate increase which is acceptable within the Green belt. Further to this, despite projecting 3.9m from the rear of the house, the location and scale of the proposal, being closely related to the two storey house and lower in height that the existing single storey garage would not be detrimental to the openness of the Green Belt.

5.4 Design and impact on the Conservation Area

The existing house is finished in reconstituted stone and fronts onto a cul-de-sac. The property is visible across a neighbours rear garden from Church Hill but this would not detract from the Conservation Area. The proposed extension would be finished in matching materials to the original house which is acceptable in design terms and the form of the extension, being pitched roofed and subordinate in appearance relative to the original house, adequately reflect the design of the original house. Overall the proposal would not be detrimental to the conservation area nor be particularly prominent in the street scene.

5.5 Residential Amenity

With respect to residential amenity there is only 3.3m between the rear boundary wall and the proposal and a further five metres between the first floor window referred to by the objector from the neighbouring house known as Orchard Leigh. Despite this the proposal and its windows and rooflights are not considered to cause a loss of privacy to that neighbour or the more immediately adjoining neighbour at 8 Ley Lane. Indeed the angles are such that the neighbour would be able to see less into that room than the existing living room, and visa versa. The proposal has a floor area akin to the original house which results in the eaves being three metres high alongside the immediate neighbour 8 Ley lane. This would have no impact on that neighbouring property and not be apparent from outside of the walled garden.

5.6 Transportation

The access to the property is unchanged and adequate off road parking exists. As such there is no transportation objection in accordance with policy T12 of the Local Plan.

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6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

The proposal has been designed to be in keeping with the character of the area taking into account the design, siting, height and materials of the existing house and surrounding Conservation Area – Policies L12, H4 and D1 South Gloucestershire Local Plan (adopted) January 2006; South Gloucestershire Design Checklist SPD.

The proposed development will not materially harm the amenities of the residents outside of the site. As such the proposal is acceptable. Policies H4 and D1 South Gloucestershire Local Plan (adopted) January 2006. The proposed development will not harm the parking facilities at the site. As such the proposal is acceptable. Policies H4 and D1 South Gloucestershire Local Plan (adopted) January 2006.

6.2 The recommendation to grant permission has been taken having regard to the

policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report.

7. RECOMMENDATION

7.1 That planning permission is granted subject to the conditions set out in the decision notice.

Contact Officer: Karen Hayes Tel. No. 01454 863472 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

1990 (as amended). 2. The materials to be used in the construction of the external surfaces of the extension

hereby permitted shall match those used in the existing building. Reason

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To ensure the satisfactory external appearance of the development in the interests of visual amenity of the conservation area and to protect the residential amenity of the neighbouring occupiers and to accord with Policy L12, D1 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006.

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ITEM 6 CIRCULATED SCHEDULE NO. 06/12 – 10 FEBRUARY 2012

App No.: PT12/0073/F Applicant: Mr N Singh Site: 1 Mayfield Cottages Cribbs Causeway

Almondsbury South Gloucestershire Date Reg: 11th January 2012

Proposal: Replacement of garage roof to faciliate

conversion into bedroom with ensuite room

Parish: Almondsbury Parish Council

Map Ref: 357483 181006 Ward: Patchway Application Category:

Householder Target Date:

6th March 2012

South Gloucestershire Council 2007.all rights reserved. This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. 100023410, 2008. N.T.S. PT12/0073/F

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REASON FOR REPORTING TO CIRCULATED SCHEDULE This application appears on the Circulated Schedule List because a neighbouring occupier has raised concerns.

1. THE PROPOSAL 1.1 This application seeks planning permission for the replacement of a garage

roof to facilitate its conversion into a bedroom with an ensuite.

1.2 The application site comprises a two-storey end of terrace property situated on the northwestern side of the A4018. The site is situated in the defined Almondsbury settlement boundary, which is washed over by the Green Belt. The Green Belt boundary forms the front boundary of the site.

2. POLICY CONTEXT

2.1 National Guidance PPS1 Delivering Sustainable Development

PPS3 Housing PPG2 Green Belts

2.2 South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving a Good Standard of Design in New Development GB1 Development in the Green Belt H4 Residential Development within Existing Residential Curtilages T12 Transportation Development Control Policy for New Development T8 Parking Standards December 2011 South Gloucestershire Core Strategy Including Post-Submission Changes CS1 High Quality Design

2.3 Supplementary Planning Guidance The South Gloucestershire Design Checklist SPD (adopted) The Development in the Green Belt SPD (adopted)

3. RELEVANT PLANNING HISTORY 3.1 P97/1355, erection of first floor rear extension, refusal, 25/04/97.

3.2 N2752, alterations and extensions to existing dwelling to form front and rear

porches; erection of domestic garage (in accordance with the revised plans received by the Council on 2nd July 1976), approval, 22/07/76.

3.3 P91/2419, erection of single storey extension to form kitchen (in accordance with the amended plans received by the council on 14TH October 1991), approval, 10/11/91.

3.4 P97/1998, erection of two storey side extension, approval, 29/08/97.

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4. CONSULTATION RESPONSES 4.1 Almondsbury Parish Council No objection Other Representations

4.3 Local Residents

A single response has been received from the neighbouring occupier. The neighbouring occupier raised the following concerns:

The plans do not contain any measurements; The proposal may affect a private right of way.

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development Planning policy GB1 of the South Gloucestershire Local Plan (adopted)

January 2006 allows for limited extension to properties situated in the Green Belt provided that they do not result in disproportionate additions over and above the volume of the original dwelling. In this instance, the development proposed primarily comprises of cosmetic changes to an existing garage related to its conversion to additional living accommodation. The changes to the garage include replacing the existing flat roof with a pitched roof and alterations to the fenestration. It is considered that the proposal will not have a significant adverse impact on the openness of the Green Belt and will not appear as a disproportionate addition, therefore, subject to it achieving a good standard of design, the proposal represents appropriate development in the Green Belt in accordance with policies GB1 and H4 of the Local Plan (adopted) January 2006.

Given the location of the garage in the rear garden of the property, its small scale and the proximity to the main dwelling, it is considered that it will function as ancillary accommodation to the main dwelling and therefore, will be assessed as an extension to the main dwelling. Planning policies GB1 and H4 allow for the principle of the proposed development, the main issues to consider are the appearance/form of the proposal (policies D1, GB1 and H4 of the Local Plan), the impact on the residential amenity of neighbouring occupiers (policy H4 of the Local Plan), and transportation effects (policies T12, T8 and H4 of the Local Plan).

5.2 Appearance/Form The proposal replaces an existing flat roof over a garage with a dual pitched roof with gabled ends. The applicant has specified that the roof will be covered by brown concrete Brosely tiles to match the existing house, therefore, a condition on this basis is not required. The pitch of the roof proposed is relatively shallow in order to not interfere with an existing first floor window. However, it is considered that the proposal is sufficiently in-keeping with the character of the existing dwelling and will not bring about any significant

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adverse visual amenity impacts. The alterations to the fenestration include the removal of an existing vehicular door in the end elevation and the replacement of existing windows in the north-eastern elevation. A small ramp with a raised platform is proposed to allow for easier access from the main house to the annexe and into the rear garden.

5.3 Residential Amenity The proposed windows in the side elevation will directly face a neighbouring outbuilding at a distance of approximately 5.7 metres. However, given the detached/ancillary nature of the buildings, it is considered that the proposal will not bring about any significant adverse privacy issues, which will adversely effect the living conditions of the occupiers. The proposed raised platform is approximately 150mm in height, therefore, it is considered that it will not bring about any significant adverse overlooking issues to the detriment of the neighbouring occupiers residential amenity.

5.4 Transportation Given that the proposal will function as ancillary to the use of the main dwelling, then it is considered that there will unlikely be a material increase in vehicular traffic as a result of the proposal. Whilst the proposal will result in the loss of a garage, the existing garaged is currently blocked by an alleyway and cannot be used for vehicular parking. The proposal will not therefore, be materially different than the existing situation.

5.5 Further Matters

A neighbouring occupier has raised concerns on the basis that the submitted plans do not contain any measurements. However, the Officer is satisfied that the plans submitted are to scale and sufficiently accurate in order to make an assessment. The neighbouring occupier has also raised concerns that the proposal will block a private right of way. However, this issue is beyond the scope of this planning application and is a civil matter between the relevant parties. Notwithstanding this, from the plans submitted, it is not considered that the proposal will block a private right of way.

6. CONCLUSION

6.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

6.2 The recommendation to grant permission has been taken having regard to the

policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 set out above, and to all the relevant material considerations set out in the report for the following reasons:

The proposal will not have a significant adverse impact on the openness of the Green belt and will not appear as a disproportionate addition. It therefore, represents appropriate development in the Green Belt - policies GB1 and H4 of the South Gloucestershire Local Plan (adopted) January 2006 and the South Gloucestershire Development in the Green Belt SPD (adopted).

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The proposal is sufficiently in-keeping with the character of the host dwelling and surrounding properties in terms of scale, form, siting and materials and will not adversely effect the visual amenity of the surrounding area – policies D1 and H4 of the South Gloucestershire Local Plan (adopted) January 2006. The proposal will not have a significant adverse impact on the residential amenity of the neighbouring occupiers in terms of loss of natural light or privacy – policy H4 of the South Gloucestershire Local Plan (adopted) January 2006. The proposal will function as ancillary to the use of the main dwelling, therefore, it is not envisaged that there will be a material increase in vehicular traffic. Although the proposal will result in the loss of a vehicular garage, the parking situation will not be materially different than the existing situation – policies T12, T8 and H4 of the South Gloucestershire Local Plan (adopted) January 2006.

7. RECOMMENDATION

7.1 Planning permission is GRANTED subject to the conditions in the decision notice.

Contact Officer: Jonathan Ryan Tel. No. 01454 863538 CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act

1990 (as amended). 2. The annexe hereby permitted shall not be occupied at any time other than for

purposes ancillary to the residential use of the dwelling known as no.1 Mayfield Cottages.

Reason The proposal has been assessed as ancillary accommodation. Any increase in the

intensity of use will require further assessment with particular regard to the impacts on residential amenity and transportation effects.