1. No category

Planning Services
COMMITTEE REPORT
APPLICATION DETAILS
APPLICATION NO:
FULL APPLICATION DESCRIPTION:
NAME OF APPLICANT:
ADDRESS:
ELECTORAL DIVISION:
CASE OFFICER:
DM/14/03874/FPA
Internal alterations to the ground floor from 3 shop
units to 9 shop units, and change of use to the first
floor from commercial space to 12 residential
dwellings
Sterling Developments
11 Trafalgar Street
Consett
DH8 5AP
Consett North
Nick Graham
Planning Officer
Telephone: 03000 264960
nicholas.graham@durham.gov.uk
DESCRIPTION OF THE SITE AND PROPOSALS
The site
1.
The application site is a two storey building located within Consett town centre, and
is bounded by Trafalgar Street to the south east, John Street Square to the north
east, Pitt Street to the north west, and Finnian’s Public House adjoins the building to
the south west. Consett bus station lies immediately adjacent to the site to the south.
2.
The premises are operated as a two storey retail unit, however it is currently 90%
vacant. At the ground floor level, only one out of the three retail units is currently in
use. At the first floor level, none of the commercial space is occupied, and its last
known use was as a nightclub.
3.
The Proposal
4.
Full planning permission is sought for exterior alterations to the ground floor to subdivide the existing 3 shop units into 9 shop units and the creation of new shop
frontages. The proposal also entails the change of use of the first floor commercial
space into 12 residential apartments of varying sizes, including one 2 bedroom
apartment, nine 1 bedroom apartments and two studio apartments.
5.
The application is reported to the committee for determination by members as more
than 10 dwellings are proposed and therefore this is classed as a major application.
PLANNING HISTORY
6.
1/2000/0193/11271 – Change of use of first floor offices to health club – Approved
PLANNING POLICY
NATIONAL POLICY:
7.
The Government has consolidated all planning policy statements, guidance notes
and many circulars into a single policy statement, the National Planning Policy
Framework (NPPF), although the majority of supporting Annexes to the planning
policy statements are retained. The overriding message is that new development that
is sustainable should go ahead without delay. It defines the role of planning in
achieving sustainable development under three topic headings – economic, social
and environmental, each mutually dependant.
8.
The presumption in favour of sustainable development set out in the NPPF requires
local planning authorities to approach development management decisions
positively, utilising twelve ‘core planning principles’.
9.
In accordance with paragraph 215 of the National Planning Policy Framework, the
weight to be attached to relevant saved local plan policy will depend upon the degree
of consistency with the NPPF. The greater the consistency, the greater the weight.
The relevance of this issue is discussed, where appropriate, in the assessment
section of the report below.
10.
The following elements of the NPPF are considered relevant to this proposal;
11.
Part 1 – Building a Strong, Competitive Economy – reinforces the Government’s
commitment to securing economic growth to create jobs and prosperity, ensuring the
planning system supports this aim – ‘significant weight’ is to be placed on this aim.
Planning policies should seek to address potential barriers to investment, setting out
clear economic vision and strategy which proactively encourages sustainable
economic growth, identifies sites and inward investment, and identifies priority areas
for economic regeneration. There is no specific advice on decision making.
12.
Part 4 – Promoting Sustainable Transport – Notes the importance of transport
policies in facilitating sustainable development and contributing to wider sustainability
and health issues. Local parking standards should take account of the accessibility
of the development, its type, mix and use, the availability of public transport, levels of
local car ownership and the need to reduce the use of high-emission vehicles.
13.
Part 6 – Delivering a wide choice of high quality homes – Housing applications
should be considered in the context of a presumption in favour of sustainable
development. Local Planning Authorities should seek to deliver a wide choice of high
quality homes, widen opportunities for home ownership and create inclusive and
mixed communities. Policies should be put in place to resist the inappropriate
development of residential of residential gardens where development would cause
harm to the local area.
14.
Part 7 – Requiring Good Design – the Government attaches great importance to the
design of the built environment, with good design a key aspect of sustainable
development, indivisible from good planning. Planning policies and decisions must
aim to ensure developments; function well and add to the overall quality of an area
over the lifetime of the development, establish a strong sense of place, create and
sustain an appropriate mix of uses, respond to local character and history, create
safe and accessible environments and be visually attractive.
NATIONAL PLANNING PRACTICE GUIDANCE:
15.
The Government has recently cancelled a number of planning practice guidance
notes, circulars and other guidance documents and replaced them with National
Planning Practice Guidance (NPPG). The NPPG both supports the core government
guidance set out in the NPPF, and represents detailed advice, both technical and
procedural, having material weight in its own right. The advice is set out in a number
of topic headings and is subject to change to reflect the up to date advice of
Ministers and Government.
16.
Climate Change – Addressing climate change is one of the core land use planning
principles which the National Planning Policy Framework expects to underpin both
plan-making and decision-taking. Planning can also help increase resilience to
climate change impact through the location, mix and design of development.
Reflecting the ‘golden thread’ of the NPPF, sustainable development is key.
LOCAL PLAN POLICY:
17.
The following are the relevant ‘saved’ policies from the Derwentside District Local
Plan considered relevant, being given a degree of weight dependent on their
compatibility with the advice set out in the NPPF.
18.
Policy GDP1 – General Development Principles – outlines the requirements that new
development proposals should meet, requiring high standards of design, protection
of landscape and historic features, protection of open land with amenity value,
respecting residential privacy and amenity, taking into account ‘designing out crime’
and consideration of drainage.
19.
Policy EN25 – Development Affected by Pollution – Residential and other sensitive
development will not be permitted on sites affected by unacceptable levels of
pollution from adjoining land uses.
20.
Policy HO5 – Housing Development on Small Sites – Consett is one of the listed
settlements where housing development will be permitted on small sites.
Development must be appropriate to the existing pattern and form of development;
must not extend beyond the existing built up area; represents acceptable backland
or tandem development; and should not exceed 0.4 hectares when taken together
with an adjoining site.
21.
Policy HO17 – Sub Division and Adaptation of Existing Buildings to Residential Use
– conversions and divisions would respect the character of the existing building and
the locality, not affect the amenity of neighbouring occupiers, provide an element of
useable amenity space and that the concentration of such uses should would not
affect the character of an area.
22.
Policy TR2 – Development and Highway Safety – relates to the provision of safe
vehicular access, adequate provision for service vehicle manoeuvring, etc.
23.
Policy CO9 – New Shop Fronts – requires that the design is in proportion with, and
sympathetic to, the character of the building and its surroundings, and any
architectural features are retained or designed into the new shop front.
24.
Policy CO10 – Roller Shutters – states roller shutters will only be permitted if; 1.The
building is not located within a Conservation Area; 2.The box is incorporated within
the fascia; 3.The roller shutters are coloured to match the shop-front or fascia.
EMERGING POLICY:
25.
The County Durham Plan (CDP) was submitted for Examination in Public in April
2014 and stage 1 of that Examination has been concluded. Paragraph 216 of the
NPPF says that decision-takers may give weight to relevant policies in emerging
plans according to: the stage of the emerging plan; the extent to which there are
unresolved objections to relevant policies; and, the degree of consistency of the
policies in the emerging plan to the policies in the NPPF. However, the Inspector’s
Interim Report following stage 1 of the Examination process, dated 18 February
2015, concludes that the CDP is not sound in its current form. In light of this it is
considered that no weight can be afforded to the CDP at the present time.
CONSULTATION AND PUBLICITY RESPONSES
STATUTORY RESPONSES:
26.
The Highways Officer commented noting that although no parking is associated with
the proposal, the building is centrally located within Consett, directly adjacent to the
bus station, and surrounded by waiting restrictions. Therefore, no objection is raised
to the proposal from the highways aspect.
INTERNAL CONSULTEE RESPONSES:
27.
The Community Economic Development Officer commented in support of the
proposal for the following reasons. In 2009, a Masterplan was produced for Consett
to act as a guide for investment and regeneration activity in the town over the next
fifteen years. Durham County Council’s (DCC) Regeneration Statement (page 30)
identifies that the Consett Masterplan is taking the Whole Town approach “…(to)
deliver key improvement initiatives in and around (the) town centre which will seek to
act as a catalyst for further initiative and investment.” The proposed redevelopment
of the site will provide investment and significant economic benefits to the town
centre by bringing back into use a property which has stood partially vacant for
several years.
28.
The Officer points out that an objective of the Consett Masterplan is to provide a
retail, cultural and leisure offer that improves Consett’s position in the retail
hierarchy. One way to do this is to “…increase the quality of retail stock within the
town centre.” The provision of new shops was also identified by local residents as
one of the improvements required to attract them to Consett town centre. The
proposed redevelopment of the site will meet these requirements identified in the
Masterplan.
29.
The Officer goes on to state that the proposed redevelopment also links to DCC’s
‘Altogether Wealthier’ priority theme, “Focusing on creating a vibrant economy and
putting regeneration and economic development at the heart of our plans.” It is
proposed that at least 9 jobs will be created from the proposed 9 retail units which
will be beneficial for the local economy. The introduction of 12 residential apartments
within Consett will also provide centrally located accommodation close to the town’s
main transport links.
30.
It is pointed out that other premises along Trafalgar Street have also benefitted from
improvement work. The former Stateside Public House (now Finnian’s) has recently
been redecorated and a planning application has been submitted for external
improvements to5 Trafalgar Street. Improving all properties along Trafalgar Street
will enhance the aesthetics of the area and will provide an improved environment
close to one of the main arrival points into the town centre.
31.
The Design and Conservation Officer commented that the building is not listed and
not within any conservation area or within the setting of any heritage assets. Whilst
intensifying the use of the building internally, the proposals would generally enhance
the external appearance of the building. Subject to conditions to agree sample
details of proposed external materials, no objection is raised to the proposal from the
design and conservation aspect.
32.
The Drainage and Coastal Protection Officer commented noting no new construction
works were proposed and the main works would be internal, therefore no objection
or condition is raised to the proposal from the drainage aspect.
33.
The Spatial Policy Officer commented noting that the site is within the defined town
centre and regarded as a secondary retail frontage in the emerging County Durham
Plan, and the proposal can be supported by virtue of Policy 26 of the County Durham
Plan. However, as acknowledged in Paragraph 23 above, no weight can be afforded
to the County Durham Plan at the present time.
34.
Policy GDP1 of the Derwentside District Local Plan covers general development
principles and requires schemes to demonstrate conformity against a range of
standards and measures, including design, efficiency, amenity and safety. Policies
CO9 and CO10 of the Local Plan cover shop fronts and roller shutters respectively.
The Officer points out that whilst roller shuttering is not precluded per se, it is
considered that the external shuttering proposed in this instance would lead to an
unattractive frontage during the periods when the businesses are not operating.
Alternative methods of security are preferable to maintain a sense of activity and
interest at all times, in accordance with good design practice and the general aims of
the Consett Masterplan, and the general aims of the NPPF, which provide more up
to date and relevant guidance on the matter.
35.
The Officer goes on to state that the latest Strategic Housing Market Assessment
(2013) identifies a general undersupply of flats and one and two bedroom
accommodation across the North Durham Delivery Area, so this scheme, in principle,
has the potential to assist with this requirement. The proposal is not formally required
to provide any affordable housing provision.
36.
The Spatial Policy Officer acknowledges that in terms of detail, the residential units
appear overly cramped and there does not appear to be any form of storage for
bicycles, conflicting with Policy TR3 of the Local Plan. In general terms, internal and
external storage appear to be inadequate potentially leading to conflicts with
neighbouring properties and uses. There are also appears to be no vehicular
parking, conflicting with Policy TR2 of the Local Plan. To conclude, it is not
considered the proposed scheme would satisfy the requirements of the Local Plan or
the NPPF.
37.
The Environmental Health Officer commented noting that insufficient information was
provided with the original submission in order to ascertain the potential
environmental impact of such a proposal. Further details were subsequently provided
by the applicant, and as the use class of the proposed shops would be not be A3 or
A4, three conditions have been proposed relating to sound attenuation measures.
The conditions proposed are considered appropriate and proportional, and it is
considered that were these conditions attached as part of any approval granted, this
would satisfy concerns relating to any environmental impacts.
PUBLIC RESPONSES:
38.
Neighbours have been consulted, two site notices were posted close to the
application site, and a press notice was published in The Northern Echo. No
objections or comments have been received.
APPLICANTS STATEMENT:
39.
The applicant has declined to submit a supporting statement.
The above represents a summary of the comments received on this application. The full written text is
available for inspection on the application file which can be viewed at
http://publicaccess.durham.gov.uk/onlineapplications/simpleSearchResults.do;jsessionid=094A2B536906573355306C1DFC060E88?action=firstPage
PLANNING CONSIDERATIONS AND ASSESSMENT
40.
Having regard to the requirements of Section 38(6) of the Planning and Compulsory
Purchase Act 2004 the relevant Development Plan policies, relevant guidance and
all other material planning considerations, including representations received, it is
considered that the main planning issues in this instance relate to the principle of
development, impact upon the surrounding area, highway safety and parking,
neighbouring amenity and drainage.
Principle of the Development
41.
The site is located within Consett town centre, within the commercial centre
boundary as designated in the Derwentside District Local Plan, Consett Inset,
Proposals Map. The site is considered to be a highly sustainable location,
immediately adjacent to the bus station with the proposal considered to meet the
general remit of the 2009 Consett Masterplan as outlined by the Community
Economic Development Officer, particularly the requirements of providing new
shops, and potential new jobs.
42.
The retail units to the ground floor are already in situ, and the proposal is to subdivide these into smaller units. The exterior changes to the shop fronts in order to
facilitate a sub-division require planning permission as they are regarded as
development. The external alterations are considered acceptable and the principle
of retail development at this location is considered to be well-established, therefore
the proposal is considered to be in accordance with Policy CO9 of the Derwentside
District Local Plan.
43. Policy HO5 of the Derwentside District Local Plan states that housing development is
permitted on small sites in certain settlements, Consett included, subject to certain
criteria. It is considered that the residential element of the proposal meets this
criterion as the site is the re-use of an existing building within the existing built up
area of the settlement. The site is centrally located, in a sustainable location and the
proposal would accord with general thrust of Derwentside District Local Plan which
seeks to provide housing in main settlements such as Consett.
44.
Additionally, in line with Paragraph 17 of the NPPF, the proposal would positively
reuse land that has been previously developed and Paragraph 51 of the NPPF
supports the reuse of empty buildings as residential development. As the site is not
considered to be of high environmental value, these paragraphs support the principle
of residential development being established on this site. Therefore the proposal is
considered to be in accordance with Paragraphs 17 and 51 of the NPPF and Policies
CO9 and HO5 of the Derwentside District Local Plan.
Impact upon the Surrounding Area
45.
The site occupies a prominent location within Consett town centre, immediately
opposite the bus station. As previously mentioned, the site is currently operating as
commercial premises with only 10% occupancy. Such a reuse of the land as a
mixed-use of commercial and residential would ensure the enhancement of the
building by virtue of the renewed shop frontages and covered walkway. Policy HO17
of the Derwentside District Local Plan states that the conversion of existing buildings
for housing is acceptable if the proposal is sympathetic to the building and
surrounding area, would not adversely impact on neighbouring amenity or privacy,
would incorporate adequate amenity space, and would not affect the character of the
area by virtue of a concentration of development.
46.
The building would appear materially the same as currently exists and would not
impact on the surrounding area as the structure of the building is also remaining
largely the same. The Design and Conservation Officer has requested a condition
should permission be granted with respect to the exact specifications of the external
materials, and this is considered appropriate.
47.
The Spatial Policy Officer has noted that some of the residential units appear overly
cramped and there is no form of storage for bicycles, and little internal and external
storage space. It is also noted that roller shutters will lead to an unattractive frontage.
Although remedying the above would be desirable, it is considered that the
residential element of the proposal would be market-led, there is no scope within the
site to provide storage for bikes, and no comments have been made from the
Environmental Health Officer with respect to the size of the dwellings or storage
areas. Therefore, it is not considered appropriate to request the applicant to amend
the proposed layout, or reduce the number of dwellings.
48.
Due to the limitations of the site, no formal bin storage area will be provided and the
current situation of large shared communal bins in the back lane will continue; the
Environmental Health Officer has made no comments with respect to this and
therefore it is considered to be an acceptable continuation of an ongoing
arrangement. The roller shutters referred to are currently in situ at the site and it is
also considered unreasonable to request changes to the scheme, particularly as it
meets the criteria of Policy CO10 in relation to roller shutters. Additionally, some of
the above requirements relate to the requirements of the County Durham Plan, which
can be afforded no weight at the present time. Therefore, the proposal is considered
to be in compliance with Policies GDP1, HO17, CO9 and CO10 of the Derwentside
District Local Plan.
Highway Safety and Parking
49.
It is noted that no parking is proposed with this scheme, however the Highways
Officer has commented that by virtue of the site’s central location within Consett town
centre, and its immediate proximity to the bus station, the usual parking requirements
would not be required in this instance and there are no concerns with respect to
highway safety and parking. Therefore, the proposal is not considered to be
detrimental to highway safety, and complies with Policy TR2 of the Derwentside
District Local Plan.
Neighbouring Amenity
50.
Policy HO17 of the Derwentside District Local Plan requires residential development
in the adaptation of large buildings to respect the amenity of adjoining properties.
The closest properties are predominantly commercial and retail premises, with the
closest residential properties located to the north east of the site on Medomsley
Road, approximately 65 metres away behind properties on John Street Square.
Commercial premises are located immediately adjacent to the site at the Consett
Steel Club and Finnian’s Public House, and the Trade Union Memorial Hall. Such a
proposal is not considered to adversely affect neighbouring properties in terms of
privacy and amenity as the structure of the building will not change.
51.
It is appreciated that the proposed residential element of the scheme may be
affected by the businesses located below, and neighbouring businesses and uses.
The Environmental Health Officer has therefore recommended conditions in relation
to sound attenuation and sound proofing to ensure that residential amenity of the
properties is maintained to a suitable level. Therefore, the proposal is considered to
be in accordance with Policies GDP1 and HO17 of the Derwentside District Local
Plan.
Environmental Health
52.
The Environmental Health Officer has raised no objections to such a proposal from
an environmental aspect, subject to the proposed sound attenuation conditions being
attached to any permission granted. Additional comments were raised with respect to
smoke, dust and operating hours, however it was not considered appropriate to
condition these by virtue of the nature of the development and the site’s town centre
location. It is noted there is not expected to be any lighting issues with the proposal.
It is considered that should these conditions be attached to any approval granted,
the proposal would be in accordance with Policy EN25 of the Derwentside District
Local Plan.
Drainage
53.
The Drainage Officer has raised no objections to such a proposal from a drainage
aspect, and it is not considered the proposal would affect drainage or flooding due to
the mainly internal works, therefore the proposal is considered to be in accordance
with Policy GDP1 of the Derwentside District Local Plan.
CONCLUSION
54.
Currently the site of retail units to the ground floor and commercial use to the first
floor, the re-use of the site as a mixed-use retail and residential development within
Consett town centre is considered to be acceptable and appropriate. Given the town
centre location, and the fact the site is the re-use of an existing building, it is not
considered that the proposal would be detrimental to highway safety and parking,
neighbouring amenity, or drainage. Additionally, it is considered that appropriate
conditions relating to character and appearance upon the surrounding area, and
environmental health, would make the proposal acceptable with respect to these
issues. Therefore, the proposal conforms with Policies GDP1, EN25, HO5, HO17,
TR2, CO9 and CO10 of the Derwentside District Local Plan, and Paragraphs 17 and
51 NPPF, and is therefore recommended for approval by members.
RECOMMENDATION
That the application be APPROVED subject to the following conditions;
1. The development hereby permitted shall be begun before the expiration of three
years from the date of this permission.
Reason: Required to be imposed pursuant to Section 92 of the Town & Country
Planning Act 1990 as amended by the Planning & Compulsory Purchase Act 2004.
2. The development hereby approved shall be carried out in strict accordance with the
following approved plans.
Date Received
23/12/2014
23/12/2014
23/12/2014
23/12/2014
23/12/2014
23/12/2014
Plan No.
14036 01
14036 02
14036 P-10
14036 P-11
14036 P-12
14036 P-13
Title
Site Location Plan
Existing Block Plan / Roof Plan
Proposed Block Plan / Roof Plan
Proposed Ground Floor Plan
Proposed First Floor Plan
Proposed Elevations
Reason: To define the consent and ensure that a satisfactory form of development is
obtained in accordance with Policies GDP1, EN25, HO5, HO17, TR2, CO9 and
CO10 of the Derwentside District Local Plan.
3. Prior to the commencement of development, sample details of external materials
should be submitted to, and approved in writing by, the Local Planning Authority. The
works shall be undertaken in accordance with the approved plans.
Reason: In the interests of the character and appearance of the area and to comply
with Policies GDP1 and HO17 of the Derwentside District Local Plan.
4. Prior to the commencement of development, a detailed acoustic report, carried out
by a competent person in accordance with the current edition of BS 8233 and WHO
Guidelines on community noise climate at the development site, should be submitted
to, and approved in writing by, the Local Planning Authority. The report should
establish whether sound attenuation measures are required to protect future
residential occupants from the transferral of sound from retail premises and from
road traffic noise. In the event that the acoustic report finds that the following noise
levels would be exceeded, a noise insulation scheme shall be submitted to, and
approved in writing by, the Local Planning Authority:
-55dB LAeq 16hr in outdoor living areas
-40dB LAeq 16hr in all rooms during the daytime (0700-2300)
-30dB LAeq 8hr in all bedrooms during the night time (2300-0700)
-45dB LAmax in bedrooms during the night time
The approved scheme shall be implemented prior to the beneficial occupation of the
development and shall be retained permanently thereafter.
Reason: In the interests of the environmental impact and to comply with Policies
HO17 and EN25 of the Derwentside District Local Plan.
5. Prior to the commencement of development, a scheme of sound proofing shall be
submitted to, and approved in writing by, the Local Planning Authority. The scheme
should show measures to deal with sound insulation of walls and floors between the
separate and adjoining properties and the approved scheme shall be implemented to
the satisfaction of the Local Planning Authority prior to the commencement of the
use(s) hereby approved.
Reason: In the interests of the environmental impact and to comply with Policies
HO17 and EN25 of the Derwentside District Local Plan.
STATEMENT OF PROACTIVE ENGAGEMENT
The Local Planning Authority in arriving at the decision to approve the application has
actively engaged with the applicant to secure a positive outcome in accordance with the
Derwentside District Local Plan and the NPPF.
BACKGROUND PAPERS
Submitted application form, plans, design & access statement, other supporting documents
and subsequent information provided by the applicant
National Planning Policy Framework (2012)
National Planning Practice Guidance Notes
Derwentside District Local Plan (saved policies 2009)
Consett Masterplan (2009)
Statutory, internal and public consultation responses
SITE
Properties
11 Trafalgar Street,
Consett,
DH8 5AP
Planning Services
This map is based upon Ordnance Survey material with the
permission of Ordnance Survey on behalf of Her majesty’s
Stationary Office © Crown copyright.
Unauthorised reproduction infringes Crown copyright and
may lead to prosecution or civil proceeding.
Durham County Council Licence No. 100022202 2005
Application Number DM/14/03874/FPA
Comments
Date 26th March 2015
Scale